CBA_-_Supervisors_at_CMS_-_3_documents 1 .pdf

CBA - Supervisors at CMS - Document # 1

Original CBA document

Period: 07/01/2011 through 06/30/2016

Parties:

- Union: United Union of Security Guards (UUSG)

- Employer: AmeriGuard Security Services, Inc.

Signing date: 05/31/2011

Total Pages: 46

COLLECTIVE BARGAINING AGREEMENT

between

AMERIGUARD SECURITY SERVICES, INC.

and the

UNITED UNION OF SECURITY GUARDS

Center for Medicare & Medicaid Services Security Supervisors

Baltimore, MD

2011-2014

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TABLE OF CONTENTS

ARTICLE 1 - RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - UNION SECURITY

ARTICLE 4 - SENIORITY

ARTICLE 5 - TRANSFERS, LAYOFF AND RECALL

ARTICLE 6 - GRIEVANCE PROCEDURE

ARTICLE 7 - DISCIPLINE

ARTICLE 8 - JOB OPPORTUNITIES

ARTICLE 9 - HOURS OF WORK AND OVERTIME

ARTICLE 10 - WAGES

ARTICLE 11 - HOLIDAYS

ARTICLE 12 - VACATIONS

ARTICLE 13 - HEALTH AND WELFARE ALLOWANCE

ARTICLE 14 - RETIREMENT ALLOWANCE

ARTICLE 15 - UNIFORM ALLOWANCE

ARTICLE 16 - SICK LEAVE

ARTICLE 17 - LEAVES OF ABSENCE

ARTICLE 18 - FUNERAL LEAVE AND JURY DUTY

ARTICLE 19 - RETURN OF UNIFORMS/TRAINING

ARTICLE 20 - STRIKES

ARTICLE 21 - DRUG TESTING

ARTICLE 22 - GOVERNMENT SUPREMACY

ARTICLE 23 - BREAKS

ARTICLE 24 - GENERAL PROVISIONS

ARTICLE 25 - TERMINATION

COLLECTIVE BARGAINING AGREEMENT

THIS COLLECTIVE BARGAINING AGREEMENT is made and entered as of the 1st day of July, 2011 by and between AMERIGUARD SECURITY SERVICES, INC., with offices currently located at 5470 W. Spruce Ave, Suite 102, Fresno, CA 93722, hereinafter referred to as the “Employer” or “Company,” and the UNITED UNION OF SECURITY GUARDS, with offices currently located at

2701 W. Patapsco Ave, Suite 107, Baltimore, MD 21230, hereinafter referred to as the “Union.”

ARTICLE 1 - RECOGNITION

Section 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of collective bargaining, with respect to all full-time and regular part-time security supervisors, to include, sergeants, lieutenants, captains and project assistants, as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, assigned by the

Employer to the federal buildings known as the Center for Medicare & Medicaid Services located in Baltimore, MD and the surrounding area, pursuant to their contract with the U.S.

Department of Homeland Security, for the provision of security services at said facilities, but excluding all full-time and regular part-time security officers, professional employees, project managers, assistant project managers and all other employees of the Employer.

Section 1.2 This recognition of the Union only applies to the extent the work is being performed pursuant to the DHS Contract. Furthermore, it is agreed that (a) the Employer shall have no liability as a successor employer for events occurring before the execution of this

Agreement, except as may be required by applicable law, and (b) any past practices of the

Employer which occurred prior to the date hereof are of no force or effect.

Section 1.3 It is expressly understood that non-bargaining unit employees may perform bargaining unit work as determined necessary by the Employer and as allowed by the

DHS for a period of not more than ninety (90) 8-hour work shifts in any government contract year, except for emergency situations or as otherwise required by the Government.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 2.1 The Employer shall retain all rights, powers, and authority it had prior to entering into this Agreement, including, but not limited to, the unrestricted right to: manage its operations and to direct and assign the work force; to determine and change the methods and manner services are provided; to introduce new methods or improved methods of operations or equipment; to determine and change the size, composition and qualifications of the work force;

to determine the extent to which and the manner and means its business will be operated or shut down in whole or in part; to determine whether and to what extent any work shall be performed by employees and how it shall be performed; to maintain order and efficiency in government facilities and operations including the right to select, hire, promote, demote, lay off, assign and train employees; to subcontract any part of its operations, including unit work;

to select and determine supervisory employees; to bid or not bid, or to rebid or not rebid, contracts with the Government; to determine and change starting times, quitting times, schedules and shifts; to determine and change methods and means by which operations are to be carried on; to establish and/or abolish duties, standards of performance for employees, job classifications, operating units or departments; to establish, change and abolish its policies, work rules, regulations, practices and standards/codes of conduct and to adopt new policies, work rules, regulations, practices and standards/codes of conduct; to assign overtime; to establish, discontinue operations, procedures, production of work standards; to determine the size of the workforce; to create, eliminate or consolidate job classifications; to judge employee’s performance, skills, abilities, overall physical fitness and the overall ability to perform the physical requirements of the job; and to assign duties to employees in accordance with the needs and requirements of the DHS and the Employer, as determined by the Employer. The exercise of the foregoing powers and rights, together with the adoption of policies, rules, and regulations in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the express and specific terms and conditions of this

Agreement and the dictates of the Government.

Section 2.2 The Employer shall retain the sole right to suspend, discipline and discharge employees for just cause subject only to the express and specific terms of this agreement.

Section 2.3 The Employer reserves the sole and exclusive authority to draft, issue, implement, revise, enforce and withdraw 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.

Section 2.4 The list of management rights set forth in this article to be nor shall be construed as a restriction or waiver of any rights of the employer not listed and not specifically surrendered in this agreement, whether or not such rights have been exercised in the past.

ARTICLE 3 - UNION SECURITY

Section 3.1 The Union agrees that it will accept into membership any employee who desires and is eligible to be a member of the Union, without discrimination, and that it will not attach, as a prerequisite of such membership, any condition more burdensome than the conditions applicable to present members of the Union.

Section 3.2 Subject to the provisions of Section 3.4 below, all present bargaining unit employees of the Employer who are members in good standing of the Union on the effective date of this Agreement, shall remain members of the Union in good standing as a condition of their continued employment throughout the duration of this Agreement. Further subject to the provisions of Section 3.4 below, all present bargaining unit employees of the Employer who are not members in goods standing of the Union and all bargaining unit employees hired hereafter shall become and remain members in good standing of the Union as a condition of employment no later than the day following the day on which the bargaining unit employee completes his/her 31st day of employment.

Section 3.3 Any bargaining unit employee who has failed to become a member of the

Union, or, being or having become a member, fails to remain a member in good standing, in accordance with this Section, shall be terminated from employment by the Employer effective ten (10) business days after the Employer has received from the President of the Union written notice certifying that membership has been, and is continuing to be, offered to such employee on the same basis as all other members and, further, that the employee has had at least thirty

(30) days advance written notice and an opportunity to make all dues or initiation fee payments as required by law and the Bylaws of the Union and that, subsequent to such notice and the period for payment, the employee remains delinquent. The Employer shall not be found to be in violation of this Article if (i) the Employer has reasonable grounds for believing that membership in the Union was not available to the employee on the same terms and conditions generally applicable to other members, (ii) the Employer has reasonable grounds for believing that membership in the Union was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership in the Union; or (iii) the Employer has reasonable grounds for believing that the employee was not provided with thirty (30) days advance written notice to make the delinquent payments, and (iv) the Employer, within seven (7) business days after receipt of the Union’s notice of delinquency, notifies the Union in writing that it declines to terminate the employee for one of the grounds specified in (i) through (iii) above, identifying the specific ground and stating the basis for the Employer’s belief that such ground is applicable.

Section 3.4 No provision of this Article shall apply in any state to the extent that it may be prohibited by state law. If under applicable state law additional requirements must be met before any such provisions may become effective, such additional requirements shall first be met.

Section 3.5 Subject to the provisions in this Article and all applicable state and federal laws, and during the term this Agreement, the Employer shall deduct from the pay of all bargaining unit employees covered by this Agreement the dues and/or assessments uniformly levied by the Union in accordance with its Constitution and Bylaws (or, where Section 3.4 is applicable, the agency fees due to the Union). Deductions shall be made from each payroll check, and shall be remitted by the Employer to the Union in a single lump sum prior to the end of the calendar month following the end of the calendar month in which such deductions are made. Said deductions shall be provided for active bargaining unit employees pursuant to their submission of the Union’s dues deduction authorization form, for so long as their authorizations remain in effect. The Employer shall notify the Union of the names and addresses of new hires.

The Union shall be responsible for providing all new hires with blank dues deduction forms and submitting the dues deduction forms to the Employer’s corporate office. The Employer shall volunteer no opinion as to whether or not the bargaining unit employee should sign the form and, if asked by the employee, the Employer will remain strictly neutral, neither recommending that the employee sign the form nor recommending that the employee not sign the form.

Completed forms shall be submitted by the Union to the Employer’s business office at any time during regular business hours and shall become effective as of the first payroll period ending within the first calendar month following the calendar month in which the authorization form is submitted to the Employer. Authorizations shall remain in effect until the effective date of the employee’s termination of employment with the Employer or until revoked as provided in

Section 3.6 below, whichever first occurs.

Section 3.6 Such deduction authorization shall be revocable by (i) the termination of employment by an employee, or (ii) by the employee as of the anniversary date of the employee’s execution of the authorization. To be effective, any revocation shall be in writing, signed by the employee, sent to the Employer by certified mail, and received by the Employer not earlier than 15 days before, nor later than 15 days after, the anniversary date or expiration date as of which the authorization is being revoked. The Employer will promptly inform the

Union of the receipt of any notice of revocation and the date on which such notice was received by the Employer.

Section 3.7 The Employer agrees to send to the Union upon request, the names, addresses, telephone numbers and dates of hire of all new bargaining unit employees covered by this Agreement and the names and dates of termination or transfer of all bargaining unit employees previously covered by this Agreement whose employment has terminated or who have been transferred to non-bargaining unit positions. Upon request, the Employer shall send the Union a complete list of employees covered by this Agreement, showing the names, addresses and telephone numbers of the employees.

Section 3.8 The obligations set forth in this Article shall only be effective to the extent permitted by controlling law, including but not limited to any Executive Orders permitting or restricting union security rights. If any provision of this Article is determined to be invalid under the law of any state in which employees covered by this Agreement are employed, the remaining provisions of this Article shall remain in full force and effect to the extent reasonably practicable and the affected provision shall be modified to comply with the requirements of the applicable state law, or shall be re-negotiated for the purpose of adequate replacement.

Section 3.9 The Union agrees to defend, indemnify and hold the Employer harmless from any and all investigations, allegations, claims, actions, unfair labor practice charges, suits, damages, awards, settlements or costs incurred by the Employer, on account of any matter arising out of, or relating to application of the terms of this Article, including but not limited to any claims by any employee(s), including but not limited to claims over deductions (which, if determined to have been improperly made, the Union will reimburse the Employer or the employee, as appropriate as well as in compliance with law). For all such investigations, allegations, claims, actions, unfair labor practice charges, suits, damages, awards, settlements or costs, at the Union’s sole cost and expense; at the Employer’s cost, the Employer shall have the right to select legal counsel to represent the Employer. This Section 3.9 shall survive the expiration or termination of this Agreement, but this provision shall not be the basis for any inference as to whether any other provision of this Agreement survives or does not survive expiration of the Agreement.

ARTICLE 4 - SENIORITY

Section 4.1 Seniority shall be the length of continuous service from the employee’s last date of hire as a security guard in the bargaining unit (for the Employer or a predecessor federal contractor). Seniority shall not accrue until the employee has successfully completed his/her probationary period. Seniority shall be applicable in determining the order of layoff and recall, and other situations as provided for in this Agreement.

Section 4.2 Newly hired employees shall be regarded as probationary employees for the first twenty-six (26) weeks. During their probationary period, probationary employees shall not accrue seniority under this Agreement. The Employer shall have the sole right to discipline, lay-off, suspend or terminate probationary employees without limitation by the provisions of this

Agreement or without recourse to the grievance procedure contained herein. The Employer, upon prior written notification to the Union, may extend any probationary period up to an additional thirty (30) calendar days in its sole discretion. Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a

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seniority date which is retroactive to the employee’s most recent date of hire.

Section 4.3 Seniority lists for the bargaining unit will be posted and maintained by the

Employer and shall be made available to proper Union officials upon request. An employee’s standing on the posted seniority list will be final unless protested in writing to his or her Shift

Supervisor not later than thirty (30) calendar days after the list has been posted.

Section 4.4 Super-seniority shall be granted to the chief union steward on the contract, as designated by the Union, for purposes of Article 5 and Article 8.

Section 4.5 Employees shall notify the Employer in writing of their proper post office address and telephone number or any change of name, address or telephone number. The

Employer shall be entitled to rely upon the last known address shown in the Employee’s official records. Employees may be required to provide written acknowledgment of any communication from the Employer.

Section 4.6 The seniority of a unit member who has accepted a position in supervision or management shall freeze until such time as the employee returns to the bargaining unit.

Section 4.7 An individual who has been removed from the contract due to failure to maintain their range qualification will have automatically resigned their position with the company and will have lost their seniority unless such range failure is related to Pregnancy

Disability Leave, FMLA Leave and/or Military Service Leave.

ARTICLE 5 - TRANSFERS, LAYOFF, RECALL and VOLUNTARY QUITS

Section 5.1 Whenever it is necessary to layoff employees, or in the event the DHS

Contract for providing security services to the DHS is terminated, not extended or not renewed, the Employer may layoff bargaining unit employees, as it deems necessary, in the following manner:

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Section 5.2 When bargaining unit positions are being reduced:

(a) probationary employees shall be laid off first in the inverse order of their seniority;

(b) should it be necessary to further reduce the work force, the non-probationary employees shall then be laid off in the inverse order of their seniority.

Section 5.3 Laid-off employees are not eligible for any compensation or employer paid fringe benefits during their periods of layoff.

Section 5.4 Employees who have been laid-off as a result of being displaced in accordance with this Article will be recalled to work in the reverse order in which they were laid off or transferred. Should an employee be transferred to another position covered by this

Agreement in lieu of layoff by reason of a reduction in work force, said employee shall receive the rate of pay applicable to the position to which he/she is transferred.

Section 5.5 A laid-off employee who is recalled shall be sent notice of recall to the employees last known home address. It shall be the obligation of the employee to keep the employer informed of his/her address or change thereto. If such employee does not respond within five (5) working days of the date of which the employer’s notice was sent, or the employee refuses such offer, the employee will have been deemed to have voluntarily quit even if the notice is returned as undeliverable. If the employee fails to report within seven (7) working days of his/her response to the employer, he/she shall be deemed to have voluntarily quit. An employee who has voluntarily quit or otherwise been terminated has no right of recall.

Section 5.6 An employee shall be deemed to have voluntarily quit employment with the employer if: (a) the employee accepts full-time employment with a competitor of the employer at the same time during which he/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 to work within two (2) days after the expiration of a leave of absence without a telephone call or other explanation; (c) an

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employee who takes medical leave fails to notify the employer that he/she is able to return to work within two (2) days after he/she is medically able to return to work (released to full duty);

(d) an employee fails to report for work for two (2) consecutive days without telephoning or otherwise notifying the employer, except where failure to communicate is the results of an emergency circumstance; or (e) the employee fails to respond within five (5) days of the employer sending a notice of recall.

ARTICLE 6 - GRIEVANCE PROCEDURE

Section 6.1 For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation or misapplication of any provision of this Agreement or the challenge of any disciplinary action taken against a non-probationary employee. The term “days” as used in this Article shall not include Saturday, Sunday and holidays (as observed under this

Agreement).

Section 6.2 The number of days provided for in the presentation and processing of grievances in each step of the grievance procedure shall establish the maximum time allowed for the presentation and processing of a grievance. The time limits specified may however be extended by written mutual agreement. The failure of an employee or the Union to proceed to the next step of the grievance procedure within the time limits specified shall be deemed an acceptance of the decision previously rendered and shall constitute a waiver of any future appeal concerning the grievance. The failure of the Employer to answer a grievance within the time limits specified shall permit the grievant or the Union, whichever is applicable to a particular step, to proceed to the next step of the grievance procedure. All grievances shall be presented as soon as practical after the occurrence upon which the same is based, but in no event later than five (5) working days if the same is a dismissal grievance, or later than ten (10) calendar days from the date of the issue being grieved. To avoid misunderstanding, the written grievance must cite the specific clause of the Agreement that is claimed to have been violated and the remedy which is being sought.

Section 6.3 All grievances shall be presented and processed in accordance with the following procedure:

(a) Step One - Between the Employee’s direct Supervisor and the Shop Steward. The first step meeting shall be held within seventy-two (72) hours from the date the grievance is filed with the Company unless another date is set by mutual agreement. The company shall provide the Shop Steward a written reply to the grievance within five (5) working days after the meeting with the Shop Steward. If this reply is unsatisfactory, the Shop Steward may appeal the decision to Step 2, provided such appeal is made within ten (10) working days after the receipt of the Company’s reply.

(b) Step Two – A meeting in Step 2 between the Company Representative or his/her designee and the Business Representative or designated representative of the Union shall be held within ten (10) working days after receipt by the Company of Notice of Appeal, unless another date is jointly agreed to by the Company and the Union. The Company representative shall make a reply to the Union in writing no later than ten (10) working days after meeting with the Business Representative.

(c) Step Three - Except as limited below, any grievance arising during the term of this

Agreement not resolved at Step Two must be submitted to arbitration by submitting a written request to the other party within fifteen (15) days after the completion of Step Two. Service of a request for arbitration upon the Employer must be made upon the Project Manager.

(i) No individual grievant may move a grievance to Step Three. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Three.

(ii) No grievance regarding a dispute as to the interpretation of a Wage

Determination, the interpretation of the Government Contract, or the Employer’s adherence to a request or requirement of the Government or the Government’s determination that an employee’s continued working under the Contract is not in the best interest of the Government, shall be processed to Step Three since such matters are not arbitrable.

(iii) Following the written request for submission to arbitration, representatives of the Employer and the Union shall attempt to agree on the selection of an arbitrator. If mutual agreement on the selection of an arbitrator cannot be reached within twenty

(20) days after the date of the receipt of the request for arbitration, the Union shall immediately submit the matter to the Washington D.C. office of the Federal Mediation and Conciliation Service. The arbitrator will then be selected, and the arbitration shall be conducted pursuant to the rules of the Federal Mediation and Conciliation Service. The

Union’s failure, for any reason, to initiate the process to select an arbitrator or the

Union’s failure to submit the matter to the local office of the Federal Mediation and

Conciliation Services within twenty (20) days after the expiration of the twenty (20) day period described above shall be deemed a withdrawal, the arbitration shall be forever waived and no arbitrator shall have jurisdiction over the issues raised in the request for arbitration.

(iv) At the time of the arbitration hearing, either party shall have the right to examine and cross-examine witnesses and a written record of the proceedings shall be made upon the request of either or both parties.

(v) The arbitrator’s fee and the arbitrator’s expenses shall be shared equally by the parties. In the event of cases in which the grievance is granted in part and denied in part, the fees and expenses shall be borne equally. In all cases, the cost of any hearing room and/or transcript shall be equally shared by the parties. The expenses and compensation of any witness shall be paid by the party calling such witness or requesting such participant. Any other expenses shall be borne by the party incurring such expenses. If one of the parties requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge, the postponing party shall pay such a charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the parties. A postponement charge resulting from a joint postponement request shall be borne equally by the parties.

(vi) The arbitrator shall have no power to:

(a) add to, subtract from, alter, or in any way modify the terms of this

Agreement;

(b) establish or modify any wage rate;

(c) interpret or apply the Service Contract Act and implications of Wage

Determinations as well as any other legal obligation referred to in this

Agreement; or

(d) consider any matter or substitute his/her judgment for that of the

Government’s regarding a determination or request of the DHS, the contracting officer or other official of the Government.

(vii) The arbitrator shall render a decision as soon as possible following the hearing. Decisions of the arbitrator, subject to the limitations set forth in this

Agreement, shall be final and binding on the Union, its members, the employee or employees involved and on the Employer. Any award of back compensation to an individual grieving a discharge, discipline or any other matter shall not predate the date of the grievance by more than five (5) days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other pay received), as well as being fully adjusted by any failure on the individual’s part to attempt to mitigate his/her damages. Any award of front pay and emotional distress/pain and suffering shall not, in the aggregate, exceed an amount equal to the employee’s earnings for the three (3) month period immediately preceding the date of the grievance.

(viii) The Union agrees not to engage in any strike, slow-down, or interruption of work while the grievance resolution process continues. There shall be no strike, work stoppage, or interruption in protest of any decision of the arbitrator.

Section 6.4 The Union shall have the right to file a grievance or grievances involving a class of more than one non-probationary employee at Step One of the grievance procedure within seven (7) working days of the event giving rise to the grievance.

Section 6.5 Notwithstanding anything contained herein to the contrary, the grievance of a suspension or termination always must begin at Step One.

Section 6.6 Each party shall be afforded reasonable access to and, upon request, copies of any and all documents and video within the possession or control of the other party relevant to a grievance or arbitration.

Section 6.7 Neither party may assert a contractual claim or basis in support of its position which was not presented during an earlier step of the Grievance Procedure or reasonably implied from the grievance.

ARTICLE 7 - DISCIPLINE

Section 7.1 No employee, after completion of his or her probationary period, shall be disciplined without just cause. It is agreed by the parties that in instances when an employee is removed from working under the DHS Contract by the DHS, the employee’s authority to work as a security guard is otherwise removed, suspended, denied or terminated by the DHS, or the

Employee no longer satisfies the DHS’ qualifications for his or her position, the Employer will notify the Union in writing of such circumstance and provide supporting documentation in the

Employer’s possession, if any, and the Employee may be terminated without recourse to the procedures under this Agreement and the employee/Union waives any claims that such removal violates any federal, state or local laws, rules and/or regulations. In such case, upon request of the Union, a copy of any written supporting documentation from the Government shall be provided to the Union, if available to the Employer. Should a non-probationary employee wish to contest a dismissal solely made by the Employer (i.e., not due to an action or request of the

DHS or as otherwise provided herein), a written notice thereof shall be given to the Employer within five (5) days of the dismissal (excluding Saturdays and Sundays and holidays observed under this Agreement) in which event the issue shall thereafter be submitted to, and determined under the Grievance Procedure commencing with Step One, as provided in this

Agreement.

Section 7.2 Subject to the foregoing, discipline shall be applied as follows:

(a) Minor Offense - (reading, eating or drinking on post, using personal radios, televisions, computers, cellular telephones or any other electronic equipment while on duty, violation of grooming standards, allowing personal visitors or relatives on government property while on duty, visiting or being on Government property while off duty unless utilizing the services of a Government agency located in a Government building, engaging in unauthorized outside employment, breach of the chain of command, except to the extent necessary to comply with the orders or accommodating the needs of the government and/or its tenants or otherwise in accordance with the policies of the Employer, failure to complete required paperwork, or similar infractions)

(i) With respect to a first offense, the employee will be given a verbal warning within Seven (7) calendar days after the date of the offense unless the employee is unavailable – the verbal warning will be documented in writing in the employee’s personnel file.

(ii) With respect to a second offense, the employee will be given a written warning within Seven (7) calendar days after the date of the offense.

(iii) With respect to a third offense, the employee may be suspended without pay for a period of up to five (5) days off the schedule at the sole discretion of the

Employer.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of a minor offense, the employee has any prior or concurrent disciplinary action or counseling for any reason, the discipline for the minor offense shall escalate to the next level for the offense.

(b) Unexcused Lateness (failure to timely report to an assigned duty post at the start of a shift or return from any break or lunch). The employee may be sent home without pay if more than fifteen (15) minutes late.

(i) With respect to a first offense, the employee may be given a written warning at the sole discretion of the employer.

(ii) With respect to a second offense, the employee may be suspended without pay for a period of up to three (3) days off the schedule at the sole discretion of the

Employer.

(iii) With respect to a third offense, the employee may be suspended without pay for a period of up to five (5) days off the schedule at the sole discretion of the

Employer,

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of the unexcused lateness, the employee has any prior or concurrent disciplinary action or counseling for any reason, the discipline for the unexcused lateness may escalate to the next level for the offense.

(c) Unexcused Absence (Failure to Call Off With Less Than Eight (8) Hours Notice

Except for Sickness):

(i) With respect to a first offense, the employee may be given a written warning at the sole discretion of the Employer.

(ii) With respect to a second offense, the employee may be suspended without pay for a period of up to three (3) days off the schedule at the sole discretion of the

Employer.

(iii) With respect to a third offense, the employee may be suspended without pay for a period of up to five (5) days off the schedule at the sole discretion of the

Employer.

(iv) With respect to a fourth offense, the employee may be terminated, at the sole discretion of the employer.

(v) If, at the time of the unexcused absences (with failure to call off with less than eight (8) hours notice except for an excused absence due to sickness in which case

Article 15 shall apply), the employee has any prior or concurrent disciplinary action or counseling for any reason, the discipline for the unexcused absence (with failure to call off with less than eight (8) hours notice) may escalate to the next level for the offense.

(vi) Employees are allowed two (2) unexcused call-offs (with four or more hours notice) per calendar year that will not be subject to discipline as long as the procedure set forth in Section 7.2c is adhered to.

(d) Unexcused Absence from Training & Qualifications & Testing:

(i) With respect to a first offense, the employee may be given a written warning

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and the employee may be suspended without pay for a period of up to three (3) days off the schedule at the sole discretion of the Employer.

(ii) With respect to a second offense, the employee may be suspended without pay for a period of up to five (5) days off the schedule at the sole discretion of the

Employer.

(iii) With respect to a third offense, the employee may be terminated, at the sole discretion of the employer.

(iv) If, at the time of the unexcused absence for training, qualifications or testing, the employee has any prior or concurrent disciplinary action or counseling for any reason, the discipline for the unexcused absence for training, qualifications or testing may escalate to the next level for the offense.

(v) With respect to attendance to training, qualifications or testing, AmeriGuard must provide a minimum of one week notice to all attendees of such training, qualifications or testing. If AmeriGuard fails to provide said one week notice and the employee is unable to attend said training, qualification or testing, he/she has the right to request to be placed in the next available training, qualification or testing without being subject to disciplinary action under this clause unless such request is made within

48-hours of having received such notice. If the employee’s certifications expire during such requested delay, the employee will be subject to lay-off per the applicable articles in this agreement. It is the employee’s responsibility to ensure all permits and certifications are current.

(vi) Employees are allowed two (2) unexcused call-offs (with four or more hours notice) per calendar year that will not be subject to discipline as long as the procedure set forth in Section 7.2c is adhered to.

(e) Immediate Discharge - Subject to the foregoing, any other offense, including

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without limitation, the following offenses, shall subject an employee to immediate discharge:

(i) abuse of authority;

(ii) neglect of duty, including but not limited to: deliberate failure to carry out assigned tasks, and/or conducting personal affairs during work time;

(iii) breach of security;

(iv) conduct which impugns or disparages the Government or its agents, or the

Employer or its agents, to the Government or to other third parties, except when such conduct is privileged under the specific law,

(v) inappropriate conduct directed at or involving Government employees, members of the public or contractor employees at or near the federal facilities, or while in uniform,

(vi) unless otherwise stated in this Agreement, a serious or repeated violation of the code/standards of conduct/any employee personnel policy manual of Employer and/or security guard manual,

(vii) dishonesty, misappropriation of funds, theft, assault, intoxication or drinking on duty, or illegal use or possession of drugs and narcotics,

(viii) immoral conduct,

(ix) fighting on post or Government premises,

(x) breach of Employer, DHS, CMS or GSA building rules, regulations, post orders or memoranda,

(xi) sleeping while on duty,

(xii) willful destruction of property or destruction of property resulting from negligence,

(xiii) criminal misconduct,

(xiv) improper discussion of work related issues with the Government; including, "#$%!,2!()!*+!

but not limited to, any issue that could be the subject of a grievance under this

Agreement,

(xv) the employee is insubordinate (defined as failing to follow the direct written or verbal order of a supervisor or manager) in connection with employment,

(xvi) unless otherwise stated in this Agreement, a serious or repeated violation of any other requirements or policies of the Employer or the Government,

(xvii) improper use of a firearm, failure to maintain weapons safety and weapon readiness or possession of a firearm not issued or authorized by the Employer,

(xviii) any conduct which causes the Government to issue a monetary penalty or deduction against the Employer,

(xix) engaging in sexual harassment, any unlawful conduct or any other conduct prohibited by the Employer,

(xx) unauthorized entry into any unauthorized location in any Government building,

(xxi) failure to maintain weapons safety or weapons readiness,

(xxii) disassembly of a weapon including the removal of a magazine or failure to properly load and maintain a loaded weapon or failure to properly unload a weapon,

(xxiii) failure to obtain weapons certification/qualification;

(xxiv) the employee quits or retires;

(xxv) the employee is absent from work for a period of 72 hours (including overstays a leave of absence or a vacation) without advising the Employer, without a valid reason for such absence;

(xxvi) the employee fails, within five (5) working days after receipt of the

Employee’s notice of recall, to report to work as required by the notice;

(xxvii) the employee gives a false reason for obtaining a leave of absence, or engages in other employment during such leave;

(xxviii) a settlement with an employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Employer;

(xxix) the employee is laid off for a continuous period of one (1) year or the length of his/her seniority at the time of layoff, whichever is less;

(xxx) the employee has falsified or misrepresented information on his/her application for employment or any other documentation including without limitation medical information provided to the Employer or the Government;

(xxxi) the employee is convicted of a criminal offense;

(xxxii) the employee fails to establish that he or she satisfies the weapon and/or medical standard requirements of the Employer or the DHS to continue to work under the contract as a security guard;

(xxxiii) the employee’s credentials or qualifications to work under the DHS

Contract are revoked, suspended or terminated by the Government, or the Government requests or requires the removal of the employee from working under the DHS Contract or the Government determines that it is not in the best interests of the Government or the DHS Contract for the employee to continue working under the DHS Contract;

(xxxiv) No call/No show absence;

(xxxv) Violations of the rules and regulations of the Government Public

Buildings and Grounds; 41CFR101-20.3;

(xxxvi) Violations of company policies;

(xxxvii) Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, and/or concealment or material facts by willful omissions from official documents or records (from either Government or employer documents or records);

(xxxviii) Falsification of time records; and/or

(xxxix) Any other offenses of a character equally serious as those above.

Section 7.3 All discipline under this Article (including termination) shall be delivered within twelve (12) calendar days after the incident giving rise to discipline, provided the

Employer has actual knowledge of the incident. Upon notification to an authorized Union representative that the employee and/or their union representative will not be able to attend the meeting, the Employer shall have an additional day to deliver the discipline. If an employee fails to meet with the Employer within 48 hours after request by the Employer to the employee or a steward or other Union representative or to provide a written statement to the Employer within 48 hours after request by the Employer to the employee or a steward or other Union representative, then the Employer may complete its investigation without a statement from the employee or otherwise discussing the incident with the employee and the Union and its members forever waive any challenge to any discipline (including termination) based upon the lack of a statement from the employee or discussion with the employee. The Employer may disregard late statements.

Section 7.4 Any meeting between an employee and the Employer during which discipline in the form of a suspension or discharge is expected to be imposed must, at the request of the affected employee, be conducted in the presence of an authorized Union representative. Stewards or other Union representatives shall not be paid by the Employer for time spent in connection with the meeting or at any other time while conducting Union business or the administration or monitoring of this Agreement. At no time will the employee be compensated either for time spent at a disciplinary hearing.

ARTICLE 8 - JOB OPPORTUNITIES

Section 8.1 If the Employer determines that it desires to fill a guard vacancy (not a post or shift assignment) under the Government Contract, the Employer will consider all applications for the open position. The guard job (not a post or shift assignment) will be posted for seven (7) days. The posting will include the job title and job description. The Employer may fill the guard job (not a post or shift assignment) as it deems to be in the best interest of its operations, the needs and approval of the Government. If filling the vacancy creates a second vacancy or more vacancies, the Employer may fill such second and all subsequent vacancies as the Employer deems appropriate.

Section 8.2 In the interest of maintaining continuing operations, the Employer may temporarily assign an employee to a vacant or new position until the job is filled according to this Article.

ARTICLE 9 - HOURS OF WORK AND OVERTIME

Section 9.1 Shifts shall be scheduled in the discretion of the Employer to fulfill the needs of the DHS. Nothing contained herein shall guarantee to any employee (i) any number of hours of work per day or week, (ii) any particular shift, or (iii) any particular post assignment.

Section 9.2 An overtime rate of one and one-half (1!) times an employee’s base pay

(exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a workweek.

Section 9.3 Overtime or premium pay shall not be pyramided, compounded or paid twice for the same hours worked.

Section 9.4 If the Employer has less than 24 hours advance notice that overtime will be required or that the employee will be required to work beyond the hours scheduled on a particular day, the employee shall be required to work such overtime or beyond scheduled hours unless the employee is excused for good cause. If an employee is not relieved at the end of his/her shift, the employee may be required to remain on post until relieved, not to exceed

12 hours in any 24 hour period except for emergencies and inclement weather. The Employer shall use reasonable efforts to allow employees with child care obligations to be relieved as soon as possible and shall allow such employees an opportunity (not to exceed twenty (20) unpaid minutes) to make necessary child care arrangements. Failure to accept assignments or remain on post when not reasonably excused by a supervisor shall be grounds for discipline up to and including immediate termination.

Section 9.5 If the employer has advance notice of 24 hours or more that overtime will be required, or that the employee will be required to work beyond the hours scheduled on a particular day, whenever possible, such overtime will be offered to each employee based upon seniority, provided that the Employer is not required to offer overtime to any employee that (i) is then scheduled to work forty (40) hours or more during the work week, or (ii) the additional overtime hours, when added to the hours then scheduled to work for such employee, will exceed forty (40) hours in the work week. In order to accomplish the foregoing, on a monthly basis, the employer shall post a signup sheet for employees desiring to work overtime during the month. If the Employer determines that an insufficient number of employees sign up to work overtime, then overtime shall be mandatory for those employees that do not sign-up and shall start at the bottom of the seniority list.

Section 9.6 Employees shall sign in and out on GSA Form 139 applicable to his/her post. Supervisor posts are self breaking posts and any lunch taken is paid lunch. If the employer chooses to use an additional electronic or paper timekeeping system (or both) in addition to the use of the GSA Form 139 all employees will abide by the rules and instructions set forth by the employer in this regard.

Section 9.7 An employee called in outside his regular work schedule shall be guaranteed a minimum of two 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 to work shall receive a minimum of two hours of pay. It is the responsibility of the employer, to make timely notification to employees in the event of changes to posted schedules as well as

Temporarily Additional and Emergency Services. The employee will maintain effective communications and provide telephone / pager / email address information and updates of same to the employer. Nothing in this article shall be construed as guarantee of work, work opportunities or hours except as expressly provided.

Section 9.8 The employer reserves the right to offer overtime to employees at its discretion and without regard to seniority in the event that such overtime (i.e. work over 40-hours per week) is required for reasons including but not limited to: an employee has failed to report to work, an employee has called in sick, or for other unanticipated reasons or special circumstances. The employer will in good faith attempt to distribute overtime work as equally as practical among the employees the employer reasonably deems qualified to perform the work giving regard to seniority where all other factors are equal.

ARTICLE 10 - WAGES

Section 10.1

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ARTICLE 11 - HOLIDAYS

Section 11.1 Bargaining unit employees assigned to locations pursuant to the DHS

Contract will receive the following 11 paid holidays: New Year’s Day, Dr. Martin Luther King Jr.

Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s

Day, Thanksgiving, Christmas and the Employee’s Birthday. Any day declared by the President of the United States that declares a Special Holiday during which the government buildings will be closed that specifically includes contractors and the services they provide, the employees will be compensated for these building closures if the Employer is compensated by the Government.

Section 11.2 Bargaining unit employees who are not required to work on a holiday shall be entitled to holiday pay based on the schedule set forth below at his/her base hourly straight time wage rate, exclusive of any shift, overtime, or benefit allowance payments.

Bargaining unit employees who works as scheduled on a holiday shall receive the employee’s base hourly wage rate for all hours worked plus holiday pay based on the schedule set forth below.

Regular Work Hours during the Pay Period prior to the Holiday Holiday Pay Hours 71 – 80+ 8 61 – 70 7 51 – 60 6 41 – 50 5 31 – 40 4 21 – 30 3 11 – 20 2 01 – 10 1

Section 11.2 To the extent permitted by applicable law, an employee will be paid holiday pay only if:

(a) The employee works as scheduled or assigned both on his/her last scheduled work day prior to and his/her first scheduled work day after the day on which the holiday is observed, and

(b) The employee is not laid off or on a leave of absence.

Section 11.3 An employee who is scheduled to work on a holiday…