CBA.pdf

COLLECTIVE BARGAINING

AGREEMENT

BETWEEN

AND

United Union of Security Guards

I F YOU DARE \ CI\RE

Department of Homeland Security

Maryland Statewide

June 1, 2010 - May 31, 2013

~1'4aryland Statewide CBA - 2010 ~ 3

AGREEMENT

PREAMBLE

This Agreement is entered into as of the l SI. day of June, 2007, by and between ARES PROTECTIVE SERVICES, INC. here in after referred to as "Employer" and the

UNITED UNION OF SECURlTY GUARDS here in after referred to as the "Union". The

Agreement is effective June 1, 2010 and continues through May 31, 2013'.

ARTICLE 1 - SCQPE OF AGR EM ENT

Section 1

The Employer recognizes and acknowledges that the Union is the sole and exclusive bargaining representative for all its security guard employees employed at THE

DEPARTMENT OF HOMELAND SECURTIY STATEWIDE CONTRACT, STATE OF

MARYLAND HSCEGI·05-D-F00006 excluding Hanover, Maryland and Rockville, MD.

Section 2 - Exclusions

This Agreement does not cover the following employees and management staff:

a. Officers and Directors of the Employer.

b. All clerical, all managerial staff.

c. All other supervisors, managerial employees, and non-guard employees.

Section 3 - Probationary Employees

All employees newly hired, or rehired after termination of their seniority shall be classified as probationary employees for a period of ninety (90) calendar days from date of hire. During their probationary period, employees may be subject to discipline or discharge at the discretion of the Employer, without regard to the provisions of Articles 7

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- JIIJaryland Statewide CBA- 2010 "' 3 and 8 of this Agreement. All other provisions of this Agreement are applicable to probationary employees unless otherwise expressly provided.

ARTICLE 2 - UNION SECURITY AND CHECK-OFF

All employees covered by this Agreement shaH become and remain members of the

Union within thirty (30) days after employment or the effective date of this Agreement, whichever Is later and as a condition of continued employment shall maintain their membership In the Union. Membership, for purposes of this provision, will be deemed satisfactory by the employee becoming a member in good standing by paying the uniform and initiation fee and monthly dues charged pursuant to the Union Bylaws, becoming a financial core member and paying the monthly dues, or (ii) without joining the Union pay a service fee which shall be equal to the monthly base fee of eighty

(80%) of the Union dues which reflects the Unions demonstrated costs collective bargaining expenditures bear to the Union's total expenditures provided that the employee choosing this option must notify the Union in writing. If any employee shall fail to remit such Dues or fees or fail to join the Union when due as provided herein, the employer shall discharge such employee upon the Union's written request and representation of such failure to remit Dues or fees and proof that employee has been put on notice of such arrears. The Union will hold the employer harmless for the discharge of any employee who has been discharged pursuant to the Union's request.

The employer agrees to deduct such initiation fees and Union dues from covered employees' wages as required by the Union, provided such deductions are authorized In writing by the employees. The Employer shall make such deductions on a bi-weekly basis and shall remit the amount deducted to the Union by the fifteenth (15tl'l) of the month following the month in which such deductions occur together with a report listing the amount deducted by employee. The Union shall identify and save the employer harmless against any and all claims, demands, suits, or any other form of llablllty that may arise out of or by reason of any action taken or not taken by the employer for the purpose of complying with any provisions of this article, or in reliance on any list or notice furnished by the Union

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- Maryland Statewide CBA- 2010"'

ARTICLE 3 - NONDISCRIMINATION

The Employer and Union agree that there shall be no discrimination by the Employer or the Union against employees because of race, color, creed, religion, nation origin, sex, age, marital status, non job-related physical or mental handicap, or because of their involvement in, or participating in Union activities except as required by the Union.

ARTICLE 4 - MANAGEMENT RIGHTS

Section 1

Except as expressly limited by this agreement, the Employer retains the exclusive right in its discretion to manage its business, to determine the types of services performed and the manner and means of providing services, to hire, discharge or discipline for cause, layoff, assigned, transfer, promote or demote, determined this starting quitting time and hours of work, to assign overtime, to establish, discontinue or change operations, procedures, production of work standards, to determine the size of the workforce, to create, eliminate or consolidate job classifications, and to judge employees performance, skill, ability overall physical fitness, and ability to perform the physical requirements of the job.

Section 2

The Employer reserves the exclusive authority to draft, issue, implement, revise, in force and withdrawal reasonable rules of conduct and reasonable regulations as the

Employer deems necessary. However, such rules and regulations shall not be inconsistent with the provisions of this agreement. The Employer will provide copies of such rules and regulations, once implemented, constitutes just cause for disciplinary action, including discharge.

Section 3

The list of management rights set forth in this article is not intended to be nor shall be construed as a restriction of waiver of any rights of the Employer not listed and that's specifically surrendered in this agreement, whether or not such rights have been exercised in the past.

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~~lllaryland Statewide CBA- 2010"' ~c ±3

,ARTICLE 5 - EMPLOYEE CLASSIFICATIONS

Section 1

An employee shall be classified as "full-time" as soon as the Employer, in its opinion reasonable exercised, determines that the non-probationary employee is reasonably expected to work 1872 hours or more during a twelve-month period.

Section 2

An employee shall be classified as "part-time" if the Employer, in its opinion reasonably exercised, determines that the non-probationary employee is not reasonably expected to work 1872 or more hours during a twelve-month period.

Section 3

When an employee has not established his/her classification pursuant to Section 1 and

2 above, then that employee who regularly works seventy two (72) hours or more in a pay period shall be dassified as a full-time employee. An employee who regularly workS

Jess than seventy two (72) hours per pay period shall be classified as a part-time employee. "Regularly works" is defined as working seventy two (72) or more hours in at least seven (7) of the bi-weekly pay periods in a six {6) month period.

In any event, an employee who is scheduled to work less than an average of sixteen

(16) hours per week in any thirty (30) day period he/she shall receive written notice from the Employer and shall have ten (10) days from the mailing of that notice to contact the Employer to agree to a schedule that would increase hours to sixteen (16) or more hours a week or shall be terminated. A copy of any Employer notice referred to

In this paragraph shall be mailed to the Union.

ARTICLE 6 • WORK WEEK AND HOURS OF WORK

Sectjon 1

The work week shall be from 0001 hours Sunday until 2400 hours Saturday. Wages shall be paid bi-weekly on Monday in the next week following the end of the pay-period.

In the event Monday is a holiday, payday will be Tuesday.

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- Maryland StatewideCBA- 2010rv .--13

Section 2

The hours of work of employees shall be scheduled by the Employer at least two (2) weeks in advance except in circumstances beyond the Employer's control. Where the agency contract requirements permit, the Employer shall schedule employees for eight

(8) hour shifts whenever possible.

Section 3

Employees working shifts of four consecutive hours shall receive a fifteen ( 15) minute break during their shift. Employees who work shifts of eight or more hours shall receive two (2) fifteen (15) minute paid breaks. Employees who work ten (10) or more hours in a single shift shall receive an additional fifteen (15) minutes paid break. (In addition, employees shall be provided with breaks for emergency purposes as reasonably required.)

Section 4

Overtime pay is to be paid at the rate of one and one-half (1 112) times basic hourly straight time rate. Overtime shall be paid to employees for work performed in excess of forty (40) hours In a work week. A work day shall be defined as from 0001 hours until

2400 hours. Paid vacation or holiday time shall not be counted as hours worked in the calculation of overtime. Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the Employer. When the Employer has an unanticipated critical need to provide coverage, the Employer shall have the right to require an employee who normally performs the work . to remain on duty until relieved and or to require an available employee to provide such coverage, as conditions warrant.

Section 5

An employee called in outside his regular work schedule shall be guaranteed a minimum of three (3) consecutive hours of work or pay in lieu thereof. In the event a building is closed because of order of the government after an employee has reported for work, the employee shall receive a minimum of two (2) hours pay for the day. In the

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- 1"1arytand Statewide CBA- 2010"' .,.J.3 event, the government closes a location due to inclement weather the employee will be compensated provided the company Is compensated.

Section 6

Nothing in the Article shall be construed as a guarantee of work, work opportunities or hours, except as otherwise expressly provided.

ARTICLE 7 - DISCIPLINE

Section 1

The Employer has the right to determine the level and degree of discipline.

Disciplinary action shall not be taken without just cause. Under normal circumstances, corrective progressive disciplinary action is taken following a thorough review of the incident, such as oral warning, written warning, suspension, and eventual discharge, if an employee failed to respond to previous disciplinary actions. After an employee receives a written warning, the use of a final warning, rather than suspension, may be more appropriate as the next step in the disciplinary sequence. A suspension however, remains the more interest of all parties that the employee be removed from the work area immediately. The above steps would not necessarily apply in all cases, as a suspension or discharge may be warranted on the first occasion of an extremely serious offense. However, an oral warning may not be warranted on a first occasion where personal counseling may alleviate future problems. In addition, it may be proper to give an employee one or more written warnings in some cases before giving a disciplinary suspension. In such situations requiring discipline, the circumstances must be known and each action taki:m on the merits of the case. For those Articles that carry a second and third offense of disciplinary actions, the time period of (6) to twelve (12.) months will be established. Simply put, when an Individual violated one of the infractions, the first level of disciplinary action will be used. If this same individual commits the same infraction within 30 days of the first offense, the second level of disciplinary action will be used. lf the same offense is committed by the same individual within the 30 days the third level of disciplinary action will be instituted. All disciplinary action shall be administered within five (5) business days. An employee's personal file shall be purge of

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-1"1aryland Statewide CBA- 2010 "'L.V-i3 all such non serious offenses after the expiration of one (1) year, from the occurrence of the offense.

Section 2 - Representation by Shop Stewards or Union Officers

Any conference between an employee and Employer representative during which disciplines is expected to be imposed or from which discipline may flow, if the employee so requests, must be conducted In the presence of an authorized Shop Steward or Union

Officer. Employees must be advised in advance if a conference may lead to disciplinary action.

Section 3 - Government Action

If any contracting agency directs that a specific employee be removed from the contract or otherwise disciplined, any such action directed may be undertaken by the employer and shall not be subject to the grievance or arbitration procedures in this agreement. In the event that the contracting agency expressly directs the removal or disdpllne of a contract employee, the employer agrees to cooperate with the Union by providing it with a ali available information concerning the incident.

ARTICLE 8 ~ GRIEVANCE, ARBITRATION PROCEDURE

Any grievance or dispute which may arise following the effective date of this

Agreement concerning the application, meaning or interpretation of this Agreement, limited thereto, shall be settled in the following manner:

Step 1:

Step 2:

The employee and/or his or her Union representative shall present the grievance or dispute orally to the Employer's Project Manager within five

(5) business days of its occurrence or when the employe€ knew, or by reasonable diligence should have known, of its occurrence. The Project

Manager shall orally respond to the grievance within five (5) business days.

If the grievance is not settled at Step 1, the employee and or his or her

Union Representative may meet within five (5) business days of the date on which the Project Manager Responded or should have responded, with

Step 3:

Step 4:

--Maryland Statewide CBA- 2010 "' .._...,13 the Employer's Director of Operations. The Employer's Director of

Operations shall respond to the grievances within five (5) business days of this meeting.

If the grievance is not settled at Step 2, the Union shall, within five {5) business days of receipt of the Director of Operations response in Step 2, or the date when the Director of Operations response was due, present the grievance in writing to the Employer's President or his/her designee.

The Employer's President or his/her designee shall respond in writing to the grievance within five (5) business days. Grievances affecting a class or classes of employees may be initiated by the Union at Step 3. The

Employer shall have the right to involve senior management in the grievance process at an earlier stage, in this discretion.

If the grievance is not settled ·at Step 3, the Union may, within seven (7) days after the receipt of the Employer Officer's response in Step 3, proceed to binding arbitration. Notice that the arbitration is desired shall be served upon the Employer within seven (7) days after the Union receives the Employer's Step 3 answer.

If the Parties are unable to agree on an arbitrator within ten (10) days of the date of service, they shall choose an Arbitrator from a panel provided by the Federal Mediation and Conciliation Service by alternately striking the names on the list. The Employer shall have the first strike. The Arbi trator sha ll conduct a hearing on the grievance. The

Arbitrator shall render a decision within thirty (30) days of the close of the hearing or receipt of briefs. Any back pay award shall be reduced by any sums received as unemployment compensation or from interim employment. The Arbitrator shall have no authority to alter, amend or add to the Agreement. All of the time limits contained In this

Article may be extended by mutual agreement in writing . All fees and expenses of the

Arbitrator shall be borne by the parties equally, except where one of the Parties to the

Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge and in that case the postponing Party shall pay such charge. An employee shall be permitted to have a Union Representative at each step of the grievance procedure. The President of the Union or his/her designee shall have

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Maryland Statewide CBA - 2010 N ccl3 access to all relevant personnel records necessary to the Union's administration of the

Agreement.

ARTICLE 9 - NO STRIKE AND NO LOCKOUT

The Employer agrees not to cause, permit, or engage in any lockout of its employees during the term of this Agreement. The Union agrees that neither It nor the employees it represents covered by this Agreement will, during the term of this

Agreement, cause, permit or take part in any strike, including sympathy, strike, picketing, or work action. It shall be a violation of this Agreement, and it shall be cause for discharge or suspension in the event an employee refuses to enter upon any property involved in a labor dispute involving other employee organizations or refuses to go through or work behind any picket lines involving other employee organizations at the Employer's place or places of business. The Union and the Employer agree to take all steps possible to ensure that Government property is properly secured and protected in the event of labor disputes involving other employee organizations at these facilities.

ARTICLE 10 - BULLETIN BOARDS

The Union may request permission for it to furnish bulletin boards for the exclusive use of the Union at these facilities. There shall be no posting of li terature on these bulletin boards except by the authority of officially designated representatives of the Union.

ARTICLE 11 ~ STEWARDS

Section 1

The Union shall designate no more than one (1) Steward per shift, and one (1) alternate Steward per shift. The Union shall notify the Employer of the selection of

Stewards within ten ( 10) days of such selections. Stewards shall not interfere with the management of the business or direct the work of any employee. Stewards are authorized to remain on the premises for such reasonable periods as are required to meet their Union responsibil ities. Stewards may interview other employees while such

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- ~~aryland Statewide CBA- 2010 N t...'l3 employees are on duty. Employees whom a Steward or Union Official wish to interview may remain on the premises for such reasonable period following their shift as will enable the desired interview to take place.

Section 2

Stewards have no authority to call or direct strikes or authorize other economic action against the Employer, The authority of Stewards shall be limited to the investigation and representation of grievances in accordance with the provisions of this Agreement and the transmission of such messages and information which shall originate with and are authorized by the Union or its officers.

Section 3

In the absence or unavailability of the Steward designated as representing employees on a specific shift or in a specific location, any other Union designated Steward or Union

Official may represent unit employees.

ARTICLE 12 - COURT APPEARANCES

Court or administrative appearances necessitated by job-related occurrences or incidents shall be compensated for ful ly at the rates specified in this Agreement.

However, other court, administrative or grievance procedure and or arbitration appearances shall not be Employer-paid.

ARTIClE 13 - JURY DUTY

The Employer agrees to pay employees called for jury duty their normal full regular pay for a period up to ten (10) work day, less any fees or sums received from the Court.

The employee must notify the Employer within seventy-two (72) hours after he or she receives a jury duty questionnaire or notice that he or she ls subject to a jury duty call.

No compensation shall be paid by the Employer for jury duty on Saturdays, Sundays and holidays, unless such Saturday, Sunday or holiday was the employee's normal work day.

The employee must provide the Employer with written evidence or notice from the court

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- Maryland Statewide CBA- 2010 N ..,.,....:.3 that he/she performed jury service and of the amount that the employee was compensated for such services. If an employee is called for grand jury duty, they will be able to return to their position of record at the time of the call for grand jury duty. When the court is not in session during the term of the grand jury that the employee will call into see if relief work is available for them at the time the grand jury Is In recess. (This employee may be able to fill in as a floater, rover, and leave fill·ins, emergencies, etc ... ).

ARTICLE 14 ·LEAVE OF ABSENCE

-Section 1 - Maternity and Sick Leave

All provisions of this Article shall be applied in a manner consistent with the Family and Medical Leave Act of 1993. Eligible non-probationary employees will be granted up to twelve (12) weeks of leave for their own serious Illness, for the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent. Any available sick leave, and/or vacation leav~, may be used by an employee on FLMA. Whenever an employee who is pregnant or otherwise sick cannot perform his/her duty safely of efficiently, the employee shall take a leave of absence. An employee who takes such maternity or sick leave may elect to utilize as much paid sick leave as he/she has accrued. During such leave of absence, the employee shall retain his/her existing seniority and shall continue to accrue seniority. Maternity and sick leave will not exceed three (3) months following delivery or onset of illness or injury unless such document medical conditions prevent the return.

Section 2 - Extended Matetnity and Sick leave

If an employee who is Ill (or returning from maternity leave) and unable to work and has exhausted his or her accrued days of maternity and sick leave, the employee may request and may, at the Employer's discretion, be granted extended sick leave without pay from the company of up to three (3) months. During an extended maternity and sick leave, the employee shall not continue to accrue seniority, although all seniority attained prior to the granting of extended maternity and sick leave shall be retained.

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Section 3 - Personal leave. Without pay

An employee may request personal leave without pay for family/hardship for a period of up to ninety (90) days with two (2) weeks written notice prior to returning. It is within the Employer's sole discretion whether such requests, which must be in writing and state the reason for and length of the desired leave, will be granted. Neither seniority nor benefits shall accrue during such personal leave. Employees on leaves of absence for personal reasons who accept other employment during such leave shall be

' considered as having resigned. Upon giving two (2) weeks notice of intent to return to work, an employee shall be scheduled to report to his former job or an equal job within two (2) weeks of the Employer's receipt of such written notice. lf no job Is available on the employee's former shift or Union site, he may be put on any shift or site, that is

Union, but will be returned to his former shift or site as soon as an opening is available, consistent with the Employer's scheduling needs.

Section 4 - Bereavement Leave

In the event of the death of a member of a non-probationary unit employee's immediate family the employee will not lose any wages which he or she would otherwise have earned for up to 3 days. If the death requires one to travel five (5) hundred miles or more one would receive five (5) days. For the purpose of this provision, members of the employee's immediate family include: husband, wife, child, parents (including in laws), brother, sister, grandparents, foster parents, step parents and legal guardians.

,Appropriate documentation of death and family relationship may be required.

Section 5 - Military Service

Employees enlisting or entering t ile military service of the United States pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act

(USERRA) and amendments thereto shall be granted al l rights and privileges provided by that Act.

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-rl'laryland Statewide CBA- 2010 "' o!. .... i3

ARnCLE 15 • WEAPONS

Employees have the obligation to ensure that their weapons are at all times in proper working order. If an employee has knowledge that his weapon is not in proper condition, the employee shall Immediately report this to his supervisor for replacement.

The Employer will ensure that the weapons are properly cleaned at regular intervals which the Employer will assign.

ARnCLE 16 - SENIORITY

Section 1 - Seniority lists

The Employer shall maintain separate seniority lists for all regular full-time and part time employees employed by the Employer at the facilities. The Employer shall furnish the Union with copies of such lists as requested.

Section 2 - Scheduled Overtime

Opportunity to work overtime shall be provided consistent with the Employer's business needs and circumstances and must be authorized in advance by the Employer.

When the Employer has an unanticipated critical need to provide coverage, the

Employer shall have the right to require an employee who normally performs the work to remain on duty until relieved and/or to require an available employee to provide such coverage, as conditions warrant.

Section 3 - Permanent Posit ion Openings

A permanent position is defined, for purposes of this Agreement, as a post or position on a specific shift. As permanent positions open, notice shall be posted. Employees shall have five (5) days within which to bid. First preference shall be given to the employee with the most seniority. The successful bidder's prior position may then be bid. The following opening{s), if any, may then be assigned by the Employer without challenge.

Section 4 - Promotions

In the event that a higher level job becomes available, first preference for such job shall be given to the qualified employee currently employed at the facilities with the

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--Maryland Statewide CBA - 2010 N L~13 most seniority. For the purposes of this section, a qualified employee is an employee who possesses work experience relevant to the higher level position, who has demonstrated the ability to lead and effectively interact with fe llow employees, who has a good attendance and employment record, and who has the requisite permits and security clearances required for the job. If the employee declines the promotion, such position shall be offered to the next most senior qualified employee. If an employee who has been promoted is detenmined by the Employer, within ninety (90) days of his or her promotion, to fail to satisfactorily fulfill the requirements for the position to which he or she was promoted, such an employee shall be demoted to his or her original or similar position in the bargaining unit at the employee's prior site or other site and shall receive the appropriate rate of compensation for such lower position. Time spent as a supervisor shall not count toward a unit employee's seniority.

Section 5 - Reduction in Force

In the event that the work force at the facili ties shall be reduced for any reason, the employees with the least seniority shall be laid off first. Shift reassignments shall be by bidding. Full-time employees may bid to return to a part-time shift and be transferred to a full-time position when one becomes available, consistent with the Employer's scheduling needs and the provisions of this Agreement. A full -time employee may decline recall to a part-time position and remain on the recall list

Section 6 - Layoff and Recall

A. A5 jobs become available at the fad lities employees shall be recalled in order uf their seniority at the facility, where qualified. Probationary employees who have been laid off have no recall privileges.

B. In the event of layoff, seniority does not continue to accrue. An employee shall retain the seniority that he or she possessed at the time of the layoff except as provided below.

-r4aryland Statewide CBA- 2010 "' :to-13

Section 7 - Loss of Seniority

In the event the Employer loses its contract to provide services at any one or afl of the facilities, the Employer will have no obligation with regard to this Section after the termination of its contract.

An employee's seniority with the Employer shall be broken after thirty (30) days if the employee:

(a) Voluntarily quits;

(b) Retires;

(c) Is discharged for cause;

(d) Is absent from work for two (2) consecutive working days without notifying the Employer of the reason for his absence before the close of the two day period, unless there was an emergency which prevented the

Employee from properly notifying the Employer;

(e) fa ils to return to work from layoff within five working days after the mailing of notice of recall by the Employer, unless there was an emergency which prevented the employee from properly notifying the

Employer or;

(f) fa ils to return from a scheduled vacation period or leave of absence without having given proper notice to the Employer, unless there was an emergency that prevented the employee from properly notifying the

Employer. In the event that an employee Is laid off for reasons other than the Employer's loss of contract, the Employer shall, within thirty (30) days of the layoff, determine if the employee is qualified for work at another job site, and, if so, offer the employee the opportunity for a transfer.

An employee's seniority shall not be broken by a layoff due to an employee's efforts at re-qualiflcation pursuant to Article XVIII. A laid off employee who is recalled shall be sent notice of a recall by certified mail. If such employee does not respond within five

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--Mar:rland Statewide CBA--: 2010 N L.,-13

(5) business days of the Employer's sending such certified mail, or the employee refuses such offer, the employee will be deemed to have voluntarily quit, even if the notice is returned as undeliverable.

Section 8 - Shift and Post Reassignments

In the event the Employer determines it is necessary to rotate employees among posts, every reasonable effort shall be made to assign employees during the same shift:

in which they previously worked. The Employer will make every reasonable effort consistent with the Employer's business needs to assign employees in such a manner as will not disrupt established child care arrangements as well as family or other work obligations. Assignments are to be made In an unbiased manner and in accordance with seniority to the extent possible

ARTICLE 17 · VOLUNTARY QUITS

An employee shall be deemed to have voluntarily quit employment with the Employer if:

A. The employee accepts employment in a management or supervisory capacity with a competitor of the Employer at the same time during which he or she is employed by the Employer, or otherwise fails to report for duty as scheduled by the Employer, while simultaneously remaining an employee of a competitor of the Employer.

B. The employee fails to report for work within forty eight (48) hours of the beginning of their scheduled shift after the expiration of a leave of absence without a telephone call or other explanation, unless there was an emergency which reasonably prevented the empfoyee from properly notifying the Employer.

C. The employee fails to report for work for two (2) consecutive days without telephoning or otherwise notifying the Employer, unless there was an emergency which reasonably prevented the employee from properly notifying the Employer.

Poge llllaryland Statewide CBA- 2010...., ... _3

D. The employee fails to respond within five (5) business days of the Employer sending a notice of recall by mailgram, unless there was an emergency that reasonably prevented the employee from properly notifying the Employer.

ARTICLE 18 - TRAINING AND RE-OUAUFICATION

Section 1

The Employer agrees to pay employees, at their normal rate of pay, for the number of hours it takes, plus thirty (30) minutes travel time for [RANGE TIME ONLYJ if the employee works fifty (50) or less miles from the range and two (2) hour if the employee works (75) miles or more to, re-certified with a weapon on a firing range, for practice or re-qualification. The Employer agrees to pay for the employees Government required physical examination, once every three years. The Employer agrees to pay employee, at their normal rate of pay, for up to 4 hours it takes to be trained and re-certified for CPR and First Aid. The Employer agrees to pay employees, at their normal rate of pay, for any Government required mandatory training.

Section 2

The Employer shall schedule employees to be re-qualified at least one (1) months prior to the expiration of their weapons permit. The Employer shall afford to employees the opportunity to have at least two practice sessions prior to any formal re-qualification test. The employee shall be given at least three (3) opportunities to qualify, at least one of which must be prior to the expiration of his or her permit. If the employee is unable to re-qualify prlor to the expiration of his or her permit, the employee shall be laid off without pay. Such employee shall be reinstated after re-qualifying. An employee laid off pursuant to this provision shall not accrue seniority or fringe benefits during his or her period of layoff. If the person does not re-qualify during this suspension period, such action will be considered as a voluntary quit.

Section 3

If an employee does not appear for or obtain his or her Government required physical examination prior to the time by which it must be obtained, the employee shall be suspended as in Section 2 above. If the employee does not satisfactorily pass his or her

1-1aryland Statewide CBA- 2010 N L--.3 physical within the period of time, (unless such failure to report is the result of a documented emergency circumstance), the employee shall be considered as having voluntarily quit.

Section 4

If an employee does not successfully complete and pass his or her Government required first aid and or CPR examination prior to the time by which such examination must be taken and passed, the employee shall be suspended as in Section 2 above. If, however, after 30 days following the date on which the employee was required by the

Government to have passed such examination or examinations, the employee has not taken and passed same, he/she shall be regarded as having voluntarily quit.

Section 5

The Employer shall provide employees, at least 100 days prior to expiration of their

Maryland State handgun permit, such forms as are required by the State of Maryland, and photographs, for the renewal of such permit. Employees are expected to return such forms completed together with any necessary photographs and fingerprint specimens within ten (10) days thereafter. The Employer shall promptly submit the completed forms, photographs, and fingerprint specimens to the appropriate state agency. If the employee does not submit to the Employer the completed forms, photographs and fingerprint specimens within the aforementioned period and, as a result of the employee's delay, the employee's permit lapses, the employee shall be suspended without pay until the permit is received. Notwithstanding the foregoing, if the employee fails to provide the completed forms, photographs, and fingerprint specimens within 30 days of his/her receipt of the form from the Employer, the employee shall be deemed to have quit voluntarily.

Maryland Statewide CBA- 2010 N .t..~3

Section 6

The Employer agrees to pay all employees at their regular rate of pay for all mandatory company meetings.

ARTICLE 19 - UNIFORMS

Section 1

The Employer shall provide at no cost to all new employees those items Hsted in the

Employer's DHS Contract. Upon termination of employment, the issued clothing and equipment shall be cleaned and returned to the Employer. The Employer agrees to pay each employee for uniform maintenance and replacement as stipulated in the Appendix.

Employees may purchase replacement items from the Employer at cost. Such articles shall be paid for by deductions from the employee's pay. The Employer shall replace any parts of the uniform that are damaged in the line of duty, provided it has been reported to the Shift Supervisor within the shift p€riod when the incident occurred.

Section 2

Upon termination of employment, the issued clothing and equipment shall be cleaned and returned to the Employer. The Union agrees that all employees, at the time of hire, shall give written authorization allowing the Employer to deduct from the employee's final paycheck the cost of all unreturned issued clothing and equipment or the cost of cleaning clothing not returned in a clean condition. The deduction for such missing items will be the cost to the Employer.

ARTICLE 20 - SUCCESSORS

The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc., of the operation covered by this Agreement or any part thereof. Such notice shall be in writing with a copy to the Union at the time the seller, transferee, or lessee executes a contract or transaction as herein described.

-Maryland Statewide CBA- 2010 "' .c..-J.3

ARTICLE 21 - SUBCONTRACTING

For the purposes of preserving work and job opportunities for the employees covered by this Agreement, the Employer agrees to provide the Union with at least fourteen (14) days notice, or as much time as possible prior to subcontracting, or transferring to non bargaining unit employees, any of the work or services of the kind, nature or type presently or hereafter performed or provided by the Employer. Supervisory personnel may, without prior notice, be temporarily assigned to cover unit work in an emergency situation. In no event shall such temporary assignment(s) exceed thirty (30) days in any year.

ARTICLE 22 - HOLIDAYS

Se.ction 1

The Employer shall grant to all employees the following holidays off with pay (or pay in lieu thereof, if normally scheduled to work that week day). Holiday benefits shall be paid according to the number of hours the employee was scheduled to work on that day provided that the employee shall work his or her regularly scheduled work day prior to the holiday and after the holiday :

New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day and Employee's Birthday

Employees must work their regular scheduled the day before and the day after the holiday unless one is on vacation to receive the holiday benefit, provided the day before and the day after is not the employees regularly scheduled day off.

Section 2

An employee who is required to work on a holiday shalt receive holiday pay in addition to his or her regular wage.

M_aryland Statewide CBA- 2010 "' L. 3

Section 3

If an employee is on vacation during a holiday he will receive an extra day off with pay.

Section 4

Any day designed by the President Executive Order as a holiday and the employees shall be paid if their post closes and the company is paid by the government.

ARTICLE 23 - VACATION

Section 1

Employees covered by this Agreement shall receive vacation benefits as specified in the Appendix.

Section 2

Vacations may be scheduled any time during the year with the Employer. Employees shall select their vacation period in order of their seniority where reasonably possible and at a time mutually convenient to the employee and Employer. No more than five percent (5%) of the work force may be on vacation at any time. earned vacation will be paid by a separate check with the first pay in the month following the employee's anniversary date. Vacation time must be taken within the year following its accrual.

ARTICLE 24 - ABSENCE DUE TO ILLNESS & SICK PAY

Section 1

Employees shall receive sick leave benefits as specified in the Appendix. The earning and accrual of sick leave is based upon sick leave earned by the employee, without break in service, for the Employer's predecessor(s), if any, the Employer and any successor to the Employer. Unused sick leave will be paid at the end of each contract year, at 100%.

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Maryland Statewide CBA - 2010 ~ £

Section 2

Employees may not accumulate more than forty eight (48) hours of sick leave. Sick leave shall commence and be paid on the lhird day of absence from work. Employees who provide the Employer with a doctor's approved return to work sick slip shall be paid for sick leave from the first day of absence from work.

ARTICLE 25 - HEALTH AND WELFARE

Section 1

The Employer agrees to become and remain at participating Employer in the Security

Workers Health and Welfare Fund (herein after the "Health and Welfare Fund") as set out in the appendix, subject to the Employer's right to reopen the agreement as set forth in Section 2. The Employer agrees that for each hour of pay, paid to each employee, covered by this agreement, for any reason provided for in the Collective

Bargaining Agreement, it will contribute to the health and Welfare Fund an amount specified 1n appendix A up to maximum of forty ( 40) hours per week.

Section 2

The Employer agrees to provide the health and Welfare Fund with the monthly remittance reports containing such information, in such manner, and on such forms as maybe required by the trustees of the Fund. Contributions and remittance reports shall be delivered to the health and Welfare Fund on or before the 15m day of each month for the preceding month.

Section 3

The employees will have the following options with their Health & Welfare benefits:

Option 1:

Option 2:

Participate in the Security Workers Health & Welfare Fund with

Full Benefits.

Participate in the Security Workers Health & Welfare Fund with

Limited Benefits (Dental, Prescription, Life Insurance, Short Term

Pagt:

Option 3:

-Maryland Statewide CBA- 2010 "' l. ... J.3

Disability and Vision) with the difference between the Full Benefit

Plan paid as taxable wages.

Have your Health & Welfare contribution placed in the Security

Workers 40l(k) Fund .

If an employee can show proof of insurance (photocopy of existing insurance card) to the company and the Union, then he/she wi ll be allowed to participate in the Security

Workers Limited Benefit Plan. Failure to show proof of insurance in writing or make a choice, within 30 days of the hired date, shall be deemed to have elected Option 1.

Employees who do not elect to participate in the Security Workers Health and Welfare

Plan may thereafter elect to participate in it only once each subsequent year during the thirty (30) day period, which is the open enrollment period that begins on the first month in which this Agreement was executed. An employee may terminate his/her participation in the Security Workers Health and Welfare Plan during the open enrollment period only, as specified above. However an employee who voluntarily terminates such participation may not again participate in the plan for a minimum period of twelve (12) months.

Section 4

The Employer hereby agrees to be bound by the provisions of the Agreement and

Declaration of Trust establishing that Health and Welfare Fund ("Trust Agreement") as it may be from time to time amended. The Employer further agrees to be bound by the terms of the Health and Welfare plan and by all resolutions and rules adopted by the trustees pursuant to the powers delegated to them by the Trust Agreement.

ARTICLE 26 ~ SECURITY WORKERS 401(k) FUND

Section 1

The Employer agrees to become and remain a participating Employer in the Security

Workers 401(k) Fund (hereinafter ''401(k) Fund") for the duration of this Article. The

Employer agrees that for each hour of work worked by each employee covered by this

Agreement, for any reason provided in this Agreement, it will contribute to the

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-Maryland Statewide CBA- 2010 "' ~-3

Severance and Retirement Fund and amount specified in the Appendix up to a maximum of forty ( 40 ) hours per week.

Section 2

The Employer agrees to provide the 40l(k) Fund with monthly remittance reports containing such information, in such manner, and on such forms as maybe required by the trustees of the fund. Contributions and remittance reports shall be delivered to the

401(k) Fund on or before the 15"' day of each month for the preceding month.

Section 3

The Employer agrees to be bound by the provisions of the Agreement and Declaration of Trust establishing the 40l(k) Fund ("Trust Agreement") as it may be from time to time amended. The Employer further agrees to be bound by the terms of the 40l(k)

Fund and by all resolutions and rules adopted by the Trustees pursuant to the powers delegated to them by the Trust Agreement.

ARTICLE 27 -VACATION FUND

Section 1

The Employer agrees to become and remain a participating Employer in the Security

Workers Vacation Fund (herein after "Vacation Fund") for the duration of this

Agreement. The Employer agrees that for each hour worked by each employee covered by this agreement, for any reason provided in this Agreement, it will contribute to the vacation fund an amount specified in Appendix A up to a maximum of forty (40) hours per week.

Section 2

The Employer agrees to provide the Vacation Fund with monthly remittance reports containing such information, in such manner and on such forms as maybe required by the trustees of the fund. Contributions and remittance reports shall be delivered to the

Vacation Fund on or before the lStll day of each month for the preceding month.

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Section 3

The Employer agrees to be bound by the provisions of this agreement and declaration of t rust establishing the Vacation Fund ("Trust Agreement") as it may be from time to time amended. The employer further agrees to be bound by the terms of the Vacation

Fund and by all resolutions and Rules adopted by the trustees pursuant to the powers delegated to them either trust agreement.

Section 4

The employer agrees that the employees will be able to take pay in lieu of time off.

ARTICLE 28 - WAGES

The Employer agrees to pay employees at the rate set forth in Appendix A.

ARTICLE 29 - DRUG AND ALCOHOL POLICY

The parties recognize that in this Security business, the use of controlled substances or alcohol which causes intoxication or impairment on the hob poses risk to the

Employer, the affected employee and his co-workers and the public. An employee cannot perform his or her work adequately if he or she is under the influence of illegal drugs or alcohol and an employee under the Influence of drugs or alcohol also presents a danger to himself or herself and to others. Unlawful use of drugs and the abusive alcohol when not on duty raises serious questions concemlng the competency to perform Security work and is grounds for revocation of his or her firearms permit. It is the Employer's policy to maintain a drug free workplace.

ARTICLE 30 • MISCELLANEOUS

Section 1

The Employer shall not lower any standards of wages or conditions of employment explicitly provided for in this Agreement without the Employer in all matters requires by the Government, and the Union recognizes that the term and conditions of this

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Agreement are subject to certain priorities which the Government may exercise. The

Union agrees that any actions taken by the Employer pursuant to a requirement imposed by the Government shall not constitute a breach of this Agreement. Any action which the Government directs or requires the Employer to take immediately may be taken without prior notice to or discussion with the Union. However, whenever such action affects a term or condition of employment, the Company will discuss with the

Union the effects of that action.

Section 2

It is recognized and acknowledged that the Company is in the business of providing a service, through its employees, to the government. It is therefore essential and expected that all employ es will act in a highly professional, courteous manner and will be held responsible and accountable for their duties, functions and job requirements.

Deviation from or failure to meet this standard will result in disciplinary action pursuant to the provisions of Article 7.

Section 3

It is the employee's responsibility to provide the Employer with thirty (30) days notice prior to the expiration of any permits, clearance or other qualifications required by the

State of Maryland or the federal govemment, including but not limit to, weapons permits, CPR/First Aid training and suitability clearance. Forms for the reporting of such information wil l be available from the Project Manager or a designated supervisor(s).

ARTICLE 31- SEPERABIUTY AND SAVINGS CLAUSE

If any Article or Section of this Agreement or any Riders or Attachments thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this

Agreement and of any Rider thereto, or the application of such Article or Section to persons or circumstances other than those as to which It has been held invalid or as to which compliance with or enforcement of ahs been restrained, shall not be affected

-Maryland Statewide CBA- 2010 "' :Cv.o.3 thereby. In the event that any Article or Section is held invalid or enforcement of or compliance with has been restrained as above set forth, the Employer and the Union agree to enter into immediate collective bargaining negotiations, upon the request of either party, for the purpose of arriving at a mutually satisfactory replacement for such

Article or Section during the period of invalidity or restraint. If the Parties do not agree on a mutually satisfactory replacement, either Party shall be permitted all legal or economic recourse in support of its demands notv.;ithstanding any provisions of this

Agreement to the contrary.

ARTICLE 32 • DURATION OF AGREEMENT

Except as otherwise provided in this Article, this Agreement shall be in full force and effect…