Attachment_5_Delaware_CBA.pdf

HSHQE3-14-D-00001

State of Delaware PSO Services

Attachment 3 220 of 254

REGISTER OF WAGE DETERMINATION UNDER

THE SERVICE CONTRACT ACT

By direction of the Secretary of Labor

I u.s. DEPARTMENT OF LABOR

!EMPLOYMENT STANDARDS ADMINISTRATION

I WAGE AND HOUR DIVISION

I I I I I

WASHINGTON D.C. 20210

Diane Koplewski Director

Division of I Wage Determination No.: CBA-2013-6333

Revision No.: 0 Wage Determinations! Date Of Last Revision: 11/19/2013

---------------------------------'---------------------------------State: Delaware

Area: Statewide

Employed on Department of Homeland Security National Protection and Programs Directorate Federal Protective Se contract for Protective Security Officer (PSO) Services throughout the State of Delaware.

Collective Bargaining Agreement between contractor: DECO, Inc., and union: International Union, Security, Police, and Fire Professionals of, effective 12/1/2012 through 11130/2014.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

http://www.wdol.gov/DisplayT4CWD.aspx?WDNo=CBA-2013-6333 11/19/2013

Attachment 3 221 of 254

COLLECTIVE BARGAINING AGREEMENT

Between

DECO, INC.

and the

INTERNATIONAL UNION,

SECURITY, POLICE, AND FIRE PROFESSIONALS OF

AMERICA

(SPFPA)

Security Officers

Department of Homeland Security in Delaware

2013-2014

Attachment 3 222 of 254

TABLE OF CONTENTS

ARTICLE 1 - RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - SENIORITY

ARTICLE 4 - TRANSFERS, LAYOFF AND RECALL

ARTICLE 5- GRIEVANCE PROCEDURE

ARTICLE 6 - DISCIPLINE

ARTICLE 7 - HOURS OF WORK AND OVERTIME

ARTICLE 8- WAGES

ARTICLE 9- HOLIDAYS

ARTICLE 10- VACATIONS

ARTICLE 11 -HEALTH AND WELFARE ALLOWANCE

ARTICLE 12- LEAVES OF ABSENCE

ARTICLE 13- RETURN OF UNIFORMS/WEAPONS/TRAINING

ARTICLE 14- UNION MEMBERSHIP AND DUES CHECK-OFF

ARTICLE 15 -NO STRIKES -NO LOCKOUT

ARTICLE 16 - DRUG TESTING

ARTICLE 17 - GOVERNMENT SUPREMACY

ARTICLE 18 - GENERAL PROVISIONS

ARTICLE 19 -TERM AND DURATION

Page 2 of34

Attachment 3 223 of 254

COLLECTIVE BARGAINING AGREEMENT

THIS COLLECTIVE BARGAINING AGREEMENT is made by and between DECO, INC. (the "Employer" or the "Company") and the INTERNATIONAL UNION, SECURITY, POLICE AND FIRE PROFESSIONAL OF AMERICA (SPFPA) (collectively, the "Union").

ARTICLE 1 - RECOGNITION

Section 1. The Company hereby recognizes the Union as the sole bargaining agent of all employees in the following unit: all full-time and regular part-time security guards (including lead security guards), as defined in Section 9(b)(3) of the National Labor Relations Act, as amended, employed by the Company performing services under the Contract (as defined below) on the Department of Homeland Security Contract for the various sites in the certification (05-

RC-099438) in the state of Delaware. Notwithstanding the foregoing, the bargaining unit shall not include clerical employees, professional employees, contract managers, assistant managers, sergeants, lieutenants, captains, lead guards, applicants, candidates, pre-employment trainees and supervisors as defined in the National Labor Relations Act, as amended, pursuant to the

Company's contract with the Department of Homeland Security Contract No. HSCEE3-09-A-

00005 (the "Contract").

Section 2. This recognition of the Union only applies to the extent the work is being performed pursuant to the 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, and (b) any past practices of the Employer which occurred prior to the date hereof are hereby void and of no force or effect.

Page 3 of34

Attachment 3 224 of 254

Section 3. The term "employee" when used in this Agreement shall refer to the employees in the bargaining unit described in Article 1, Section 1 above.

Section 4. The term "full-time employee" shall refer to employees who are regularly scheduled to work and regularly work thirty six (36) or more hours per regular workweek, excluding any unpaid meal or break periods and vacations. The term "part-time employee" shall refer to employees who are regularly scheduled to work and regularly work less than thirty six

(36) hours per work week, excluding any unpaid meal or break periods and vacations.

ARTICLE 2 -MANAGEMENT RIGHTS

Section 1. The Employer shall, 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 its client's 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 its clients; 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

Page 4 of34

Attachment 3 225 of 254 policies, work rules, regulations, practices and standards/codes of conduct; and to assign duties to employees in accordance with the needs and requirements of the government 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. 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.

ARTICLE 3 - SENIORITY

Section 1. Seniority shall be the length of continuous service from the employee's last date of hire as an employee 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 2. Newly hired or promoted employees shall be regarded as probationary employees for the first ninety (90) days they work. 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 and/or arbitration provisions contained herein, which provisions, with respect to probationary employees, are hereby waived by the Union on its behalf and on behalf of bargaining unit members. The Employer, upon written notification to the Union, may extend any probationary

Page 5 of34

Attachment 3 226 of 254 period up to one additional period of thirty (30) days of work. Upon successful completion of the probationary period, the employee shall be placed on the seniority list and shall be given a seniority date which is retroactive to the employee's last date of hire.

Section 3. Seniority lists for the bargaining unit will be posted and maintained by the

Employer and shall be made available to proper Union upon request. An employee's standing on the posted seniority list will be final unless protested in writing to the Contract Manager within twenty (20) calendar days after the list is posted each month. Thereafter, seniority may only be protested for employees appearing on the list for the first time, and then, only within twenty (20) calendar days after the list is posted each month.

Section 4. Each Employee shall notify the Employer's corporate office in writing of his/her current post office address and telephone number and any subsequent change of name, address and 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 5. The seniority of an employee shall be terminated for any of the following reasons:

(a) the employee quits or retires;

(b) the employee is discharged under the terms of this Agreement

(c) 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;

(d) 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; or

Page 6 of34

Attachment 3 227 of 254

(e) 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.

Section 6. Employees who voluntarily leave the bargaining unit for work not covered by this Agreement for a period of one year or more, and later return to the bargaining unit, will start with a new seniority date beginning the day they begin working again on a job within the bargaining unit.

ARTICLE 4- TRANSFERS, LAYOFF AND RECALL

Section 1. Whenever it is necessary to lay off employees, or if the Contract for providing security services to the government is terminated, not extended or not renewed, the Employer may lay off employees, as it deems necessary, in the following manner:

(a) Employees voluntarily agreeing to be laid off shall be laid offfirst.

(b) Should it be necessary to further reduce the work force, probationary employees shall be laid off second;

(c) Should it be necessary to further reduce the work force, non-probationary part-time employees shall then be laid off in the inverse order of their seniority; and

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

Section 2. Laid-off employees are not eligible for any compensation or employer paid fringe benefits (other than unemployment compensation) during their periods of layoff.

Section 3. Employees who have been laid-off or who bump to a different position or classification 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

Page 7 of34

Attachment 3 228 of 254 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. An employee laid off for more than one year shall have no recall rights.

ARTICLE 5- GRIEVANCE PROCEDURE

Section 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 or holidays (as observed under this Agreement).

Section 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 shall be strictly construed but may, however, be extended by written mutual agreement. The written grievance shall be signed by the grieving employee and the Union and shall (i) state the facts of the grievance in detail, (ii) set forth the specific section(s) of this Agreement that are claimed violated, (iii) state the requested remedy, and (iv) include a copy of all statements and supporting documentation available to the grieving employee and the Union. 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 moving the grievance to the next step. 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. If the Union fails to

Page 8 of34

Attachment 3 229 of 254 follow the procedure and/or process described in this Article, the grievance shall be null and void. 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 client 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).

Section 3. All grievances shall be presented and processed in accordance with the following procedure:

(a) Step One- A representative of the Union having a grievance on behalf of an employee(s) shall reduce the grievance to writing and present the grievance to the Contract

Manager within ten (10) days from the date the event giving rise to the grievance occurs. The

Contract Manager shall countersign the grievance thereby acknowledging receipt of the grievance. The grievant, a Union representative (if requested by the grievant) and the Contract

Manager (or his/her designee) may meet to discuss the grievance. The Contract Manager shall give a written decision to the Union within fifteen (15) days after receipt ofthe grievance at Step

One.

(b) Step Two - If the grievance is not resolved at Step One, the Union must refer the gnevance to a Vice President of the Employer, or his designated representative (the

"Executive"), within ten (10) days after the Contract Manager's decision. A representative of the

Executive (or his designee) may meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance. The Executive shall give a written decision to the

Union within fifteen (15) days after receipt of the grievance at Step Two.

(c) Step Three - Except as provided below, any grievance arising during the term of this Agreement not resolved at Step Two must be submitted to arbitration by submitting a

Page 9 of34

Attachment 3 230 of 254 written request therefore to the other party within ten (10) days after the decision of the

Executive (or his designee). Service of a request for arbitration upon the Employer must be made upon the Executive at the Employer's corporate office in Minnesota.

Section 4. Notwithstanding the foregoing, 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.

Section 5. Notwithstanding the foregoing, no grievance regarding a dispute as to the interpretation of a Wage Determination, the interpretation of the Contract, the Employer's adherence to the Contract or the Employer's adherence to a request, recommendation, suggestion or requirement of the client shall be processed to Step Two since those matters are not arbitrable and no arbitrator shall have jurisdiction over such matters. Further, the arbitrator shall have no jurisdiction over any untimely demand for arbitration.

Section 6. Following a proper and timely 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 of the Federal Mediation and Conciliation Service for a panel of seven

(7) local Arbitrators. The Arbitrator will then be selected, and the arbitration shall be conducted pursuant to the rules of the Federal Mediation and Conciliation Service. If the Union does not submit the matter to the Federal Mediation and Conciliation Service within thirty (30) days after the request for arbitration is received by the Employer, the Union shall be deemed to have abandoned the request for arbitration, the arbitration shall be forever waived and no arbitrator shall have jurisdiction over the issues raised in the request for arbitration. Subject to the

Page 10 of34

Attachment 3 231 of 254 availability of the arbitrator, the arbitration hearing must be commenced within sixty ( 60) days after the selection of the arbitrator. If not, (1) the Union shall be deemed to have automatically withdrawn the request for arbitration, (2) the Employer may so notify the arbitrator, and (3) no arbitrator shall have jurisdiction over the issues raised in the request for arbitration with respect to the matter involved or the timeliness of the request for arbitration or the failure of the arbitration to timely commence under this subsection.

Section 7. 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.

Section 8. 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.

Section 9. The arbitrator's fee and the arbitrator's expenses shall be shared equally by the parties. The cost of any hearing room 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.

Section 10. The following matters are not arbitrable and the arbitrator shall have no power and no jurisdiction 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) construe this Agreement to limit the

Employer's discretion except only as that discretion may be specifically limited by the express terms of this Agreement; or (d) interpret or apply the Service Contract Act and implications of

Wage Determinations as well as any other legal obligation not referred to in this Agreement; (e) consider any matter or substitute his/her judgment for that of the Government's regarding a

Page 11 of34

Attachment 3 232 of 254 request, recommendation, suggestion, requirement or determination of the client, the contracting officer or other official of the Government; (f) the Employer's compliance with a request or requirement of the client, the contracting officer or other official of the Government; or (g) substitute his or her judgment for that of the Employer in connection with any discipline taken by the Employer against any employee if the facts found by the arbitrator substantially affirm the facts relied upon by the Employer.

Section 11. 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 parties to this agreement. 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 shall not, in the aggregate, exceed an amount equal to the employee's earnings for the 12 month period immediately preceding the date of the grievance.

The arbitrator shall only have authority to award economic damages and shall have no authority to award non-economic damages such as emotional distress or pain and suffering damages.

ARTICLE 6 - DISCIPLINE

Section 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 Contract by the client, the employee's authority to work under the Contract is otherwise removed, suspended, denied or terminated by the client, or the

Page 12 of34

Attachment 3 233 of 254

Employee no longer satisfies the client's qualifications for his or her position (after testing or re testing under applicable state and/or federal law but only if allowed by the client), the employee may be terminated without recourse to the grievance and arbitration procedures under this

Agreement and the Employer shall provide written notice thereof to the Union and provide evidence thereof, if available.

Section 2. Among the actions which may, as deemed appropriate by the Employer, result in discipline (including up to dismissal) shall include, but shall not be limited to the policies and procedures of the Employer, including those listed in the Employer's personnel policy manual, or: (1) breach of the chain of command, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the client and its tenants, (2) failure to act in the best interests of the Employer while on duty, (3) abuse of authority, ( 4) neglect of duty or failure to perform the duties, (5) breach of security, (6) conduct which impugns or disparages the client 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, (7) 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, unless otherwise stated in this Agreement, (8) a serious or repeated violation of the code/standards of conduct, any employee personnel policy manual of

Employer and/or security guard manual, (9) dishonesty, (1 0) misappropriation of funds, (11) theft, (12) assault, (13) intoxication or drinking on duty, (14) illegal use or possession of drugs and narcotics, ( 15) fighting on post or Government premises, ( 16) breach of client or

Government building rules or regulations, (17) sleeping while on duty, (18) willful destruction of property or destruction of property resulting from negligence, (19) criminal misconduct, (20) improper discussion of work related issues with the Government or any third party contractors or

Page 13 of34

Attachment 3 234 of 254 vendors; including, without limitation, any issue that could be the subject of a grievance under this Agreement, (21) the employee is insubordinate (which includes disrespectful conduct and/or comments, profanity towards supervisors or Company management and failure to follow direct written or verbal orders) in connection with employment, unless otherwise stated in this

Agreement, (22) a serious or repeated violation of any other requirements or policies of the

Employer or the Government, (23) improper use of a firearm while on duty or possession of a firearm while on duty not issued or authorized by the Employer, (24) any conduct which causes the Government to issue a monetary penalty or deduction against the Employer, (25) engaging in sexual harassment, any unlawful conduct or any other conduct prohibited by the Employer, (26) dating or engaging in a sexual relationship with any co-worker, supervisor, subordinate or employee or agent of the Government, or attempting the same, (27) fraternizing with employees or agents of the Government, (28) failure to report for training or work as scheduled, (29) reading, eating or drinking on post, (30) for personal use and/or Union business while on duty:

using Government telephones, copy machines, fax machines, computers, networks, or other equipment, possessing or using radios, televisions, computer desktops, laptops and tablets, cellular telephones, sending and/or receiving text messages and email messages and personal documents, (31) violation of grooming standards, (32) allowing personal visitors or relatives on

Government property while on duty, (33) visiting or being on Government property while off duty unless utilizing the services of a Government agency located in a Government building,

(34) engaging in employment with any competitor of the Employer without permission,(35) failure to timely report to an assigned duty post at the start of a shift or return from any break or lunch, (36) no show/failure to call off with less than two (2) hours' notice, (37) the employee is absent from work without advising the Employer and giving reasons reasonably acceptable to the

Page 14 of34

Attachment 3 235 of 254

Employer for such absence, as determined by the Employer, (38) the employee overstays a leave of absence or a vacation without an excuse reasonably acceptable to the Employer, as determined by the Employer given the nature of the Employer's operations, (39) the employee gives a false reason for obtaining a leave of absence, ( 40) the employee has falsified or misrepresented any information on his/her application for employment or any information otherwise supplied to the

Employer or the Government, ( 41) the employee is convicted of an offense that disqualifies the employee from working under the Contract and such disqualification is consistently applied, ( 42) after testing or re-testing if allowed by the client, the employee fails to establish that he or she satisfies all standards and/or requirements (including, without limitation, required licensing, weapons, medical, physical and psychological fitness) of the Employer or the client to continue to work under the contract, (43) the employee breaches the Employer's or the Government's code/standards of conduct/security guard manual or other requirements or policies, or ( 44) the employee's credentials or qualifications to work under the Contract are revoked, suspended or terminated by the client, or the client requests the removal of the employee from working under the Contract.

ARTICLE 7- HOURS OF WORK AND OVERTIME

Section 1. Shifts, hours and post assignments shall be scheduled in the discretion of the

Employer to fulfill the needs of the client. 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.

Page 15 of34

Attachment 3 236 of 254

Section 3. The Company shall post the work schedule at least one (1) week in advance. The parties hereby acknowledge that the schedule may change from time to time and each employee is responsible to check the schedule each work day to see if any changes to the schedule affect him or her. If a change to the schedule requires an employee to work prior to his or her next scheduled work day had there been no change, the Employer will make reasonable efforts to so notify the affected employee.

Section 4. An overtime rate of one and one-half (1 12) 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 5. Overtime or premium pay shall not be pyramided, compounded or paid twice for the same hours worked.

Section 6. Employees may be required to work beyond the hours scheduled on a particular day. In such case, 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. Failure to accept assignments or remain on post when not excused by a supervisor shall be grounds for discipline, including without limitation, termination.

Section 7. 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 client.

Section 8. Each employee shall be required to maintain time records as required by the

Employer. Where time clocks are not available, employees shall sign in and out on client or

Company required reports applicable to his/her post. Employees may not leave the premises during break periods or during Employer paid lunch breaks.

Page 16 of34

Attachment 3 237 of 254

Section 9. Employees are required to report for work at their scheduled starting times.

An employee who has been called in to work for an unscheduled duty assignment, and has not been advised either orally or in writing not to report, shall receive a minimum of two (2) hours of pay at his/her regular straight-time hourly rate and may be required to work at any post at the discretion of the Employer.

Section 9. If a reduction in coverage by the Government is required and security officers hours are temporarily reduced, then employees will be given preference for work hours available during the reduction. In such event, a sign-up sheet will be posted and hours will be scheduled based upon the seniority of the employees signing.

Section 10. Any unplanned overtime shall be filled at the sole discretion of the

Employer.

Section 11. In filling available planned overtime, the employee with the most seniority that signs the overtime list shall be offered overtime on a rotating basis with the other employees signing the overtime list. If the employee either declines or works the overtime, then the employee will be moved to the bottom of the overtime list and the employee with the next highest seniority shall be offered overtime. This process shall continue until the overtime is filled or entire overtime list is exhausted once and the process shall not re-start with each planned overtime situation. If an employee who signs the overtime list refuses to work overtime twice, then that employee will be removed from the overtime list. If no employees sign the overtime list or if all employees that sign the overtime list are removed from the overtime list as provided herein, then the planned overtime may be filled by the Employer at it sole discretion with or without bargaining unit members.

Page 17 of34

Attachment 3 238 of 254

Section 12. No overtime will be worked except by prior direction of the proper supervisory personnel of the Company.

Section 13. If an employee is required to work more than fifty (50) miles away from their regular work site, site, then the employee will be paid the employee's regular base hourly wage (less the regular travel time between the employee's home and regular work site), mileage from the employee's home to the work site (less the regular mileage between the employee's home and regular work site) at the rate of $0.36 per mile, reimbursement of the cost of meals

(for the employee only) up to $35.00 per day provided that receipts for such meals are submitted to the Employer along with a reimbursement request form provided by the

Company, and reimbursement of pre-approved hotel room charges if not billed directly to the

Employer by the hotel. Incidental expenses such as movies, alcohol, etc. will not be reimbursed.

In the event an employee does not have a regularly assigned work site, then the following site closest to the employee's residence will be used for the calculation of mileage:

Wilmington: J. Caleb Boggs Federal Building, 844 King Street, Wilmington, DE

Dover: Social Security Office, 500 West Lockerman Street, Dover, DE

Georgetown: Social Security Office, 20105 Office Circle, Georgetown, DE

Page 18 of34

Attachment 3 239 of 254

ARTICLE 8- WAGES

Section 1. Effective December 1, 2012, the base hourly wages for non-probationary bargaining unit employees working in Kent and New Castle Counties shall be as follows:

Security Officer II $19.14 per hour

Security Officer I $13 .48 per hour

Section 2. Effective December 1, 2013, the base hourly wages for non-probationary bargaining unit employees working in Kent and New Castle Counties shall be as follows:

Security Officer II $20.14 per hour

Security Officer I $14.48 per hour

Section 3. Effective December 1, 2012, the base hourly wages for non-probationary bargaining unit employees employed in Sussex County shall be as follows:

Security Officer II $15.02 per hour

Security Officer I $13.43 per hour

Section 4. Effective December 1, 2013, the base hourly wages for non-probationary bargaining unit employees employed in Sussex County shall be as follows:

Security Officer II

Security Officer I

$16.52 per hour

$14.98 per hour

Section 5. Notwithstanding the foregoing, if there is an extension of the Contract then the wages described above shall remain in effect during such extension.

Section 6. Notwithstanding the foregoing, employees working a post under Contract with a date of hire prior to the actual date of this Agreement is executed by the parties, from July 19, Page 19 of34

Attachment 3 240 of 254

2013, will receive the same base hourly wage that they receiving prior to the execution of this

Agreement.

ARTICLE 9 -HOLIDAYS

Section 1. Employees assigned to locations within the bargaining unit will receive the following 11 holidays: New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Good

Friday, Labor Day, Independence Day, Memorial Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

Section 2. Full-time employees who are not required to work on a holiday shall be paid eight (8) times his or her base hourly straight time wage rate, exclusive of any shift, overtime, or fringe benefit payments. To the extent permitted by applicable law, employees 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 3. Any full-time employee who works as scheduled on a holiday shall receive the employee's regular rate for all hours worked and, for full-time employees, in addition, shall receive eight (8) hours holiday pay providing the employee meets the requirements of Section 2 above.

Section 4. An employee who is scheduled to work on a holiday and fails to report for such work shall forfeit the employee's holiday pay and shall be subject to discipline under this

Agreement.

Page 20 of34

Attachment 3 241 of 254

Section 5. Any regular part-time employee who works as scheduled on a holiday shall receive the employee's base hourly straight time wage rate for all hours worked, plus for regular part-time employees, prorated holiday pay, not to exceed 8 hours, based on the number of hours worked by the employee during the week preceding the holiday divided by forty ( 40), which fraction shall be multiplied by eight (8). Holiday pay for regular part-time employees who do not work on a holiday and who meet the eligibility requirements set out in Section 2 above, shall be paid only a proration of the fulltime benefit, not to exceed 8 hours, based on the number of hours worked by the employee during the week preceding the holiday divided by forty ( 40), which fraction shall be multiplied by eight (8).

ARTICLE 10- VACATIONS

Section 1. Full-time employees who have worked full time for the entire year prior to reaching their anniversary date shall be entitled to annual vacation pay, based on their continuous years of service in federal client-contracted security with the Employer (and its predecessor contractors) and their base hourly wage at the time payment is made, in accordance with the following schedule:

Upon completion of 1 year of service Upon completion of 5 years of service Upon completion of 10 years of service Upon completion of 20 years of service

80 hours 120 hours 160 hours 200 hours

Section 2. Part-time employees shall be entitled to vacation pay as set forth above, but on a prorated basis as calculated by the percentage of non-overtime hours worked the prior year as compared to 1 ,872 hours.

Page 21 of34

Attachment 3 242 of 254

Section 3. Each employee who qualifies for a vacation in accordance with the provisions of this Article shall notify the Employer in writing prior to December 1st of each year of his or her first and second choice for desired vacation periods, if any. Notwithstanding the foregoing, and unless the Employer agrees otherwise, an employee who qualifies for a vacation in accordance with this Article may request time off for a vacation at least sixty (60) days prior to the requested vacation time off. The Contract Manager (or other appropriate Company representative) will attempt to approve vacation schedules so as to be mutually satisfactory to the employee and the Employer; provided, however, that (i) no more than one member of the bargaining unit may take vacation time off at the same time, and (ii) the final scheduling of vacation periods shall rest exclusively with the Employer in order to insure orderly and efficient operations.

Section 4. Earned vacation pay shall be paid within forty five ( 45) days of the employee's anniversary date of employment. Vacation time will be taken without additional pay.

Section 5. Vacation time shall not be cumulative from one year to the next.

Section 6. Length of service with the Employer shall not accrue for purpose of vacation benefits while an employee is on a leave of absence.

Section 7. If a full-time employee is on a leave of absence for more than thirty (30) days in any employment year, then vacation pay shall be paid on a prorated basis by calculating the percentage of non-overtime hours worked during such year as compared to 1 ,872 hours.

Section 8. Notwithstanding the foregoing, if there is an extension of the Contract, then the paid vacation schedule described above shall remain in effect during such extension.

Page 22 of34

Attachment 3 243 of 254

ARTICLE 11 -HEALTH AND WELFARE ALLOWANCE

Section 1. Employer shall pay the Health and Welfare Allowance to employees for the first forty (40) hours of any workweek actually worked (not on hours paid) of $3.71 per hour.

No employee shall receive Health and Welfare Allowance payments for more than 2080 hours per Government contract year.

Section 2. Effectives December 1, 2013, the Employer shall pay the Health and Welfare

Allowance to employees for the first forty ( 40) hours of any workweek actually worked (not on hours paid) of $3.90 per hour. No employee shall receive Health and Welfare Allowance payments for more than 2080 hours per Government contract year.

Section 3. Notwithstanding the foregoing, (i) if any federal, state or local law, rule or regulation requires the Employer to provide health insurance benefits which conflict with or are inconsistent with this Article, then the Employer shall be allowed to stop paying Health and

Welfare in cash and use the Health and Welfare to meet the requirements of such law, rule or regulation and the parties agree to meet and confer regarding the implementation of such requirement, and (ii) if there is an extension of the Contract, then the Health and Welfare

Allowance payments described in above shall remain in effect during such extension.

Section 4. Notwithstanding the foregoing, if there is an extension of the Contract, then the Health and Welfare Allowance described above shall remain in effect during such extension.

ARTICLE 12 -LEAVES OF ABSENCE

Section 1. To the extent a specific leave under this Agreement may be deemed to be one covered by a governing state or federal law regulating such leaves, this Article will be construed and applied in a manner consistent with such requirements with the Employer and the affected

Page 23 of34

Attachment 3 244 of 254 employee retaining all rights allowed under such laws. Employees may be required to exhaust paid leaves, as allowed by law, in such instances.

Section 2. An employee shall be granted a military leave of absence, as required under applicable federal law, for the time spent in full-time active duty in the armed forces of the

United States. The period of such leave, and reinstatement upon the expiration of such leave, shall be determined in accordance with applicable federal law in effect at the time of such leave.

Section 3. A leave of absence shall be processed in the following manner:

(a) Any request for a leave of absence shall be submitted in writing at least ten

(10) days prior to the date such leave shall take effect (except in case of emergency when such notice shall be provided as soon as possible), and shall include:

(i) the reasons for such leave;

(ii) the effective date of such leave; and

(iii) the estimated date of return to work.

(b) The written request for a leave of absence shall be submitted to the Contract

Manager for final disposition by an Executive employee of the Employer.

(c) If the request for a leave of absence is approved, a copy of the approved leave of absence will be given to the employee involved.

Section 4. All leaves of absences shall be subject to the following general provisions except to the extent otherwise required by applicable state or federal law:

(a) Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of Article 3 of this Agreement;

Page 24 of34

Attachment 3 245 of 254

(b) Any employee who receives a leave of absence for a definite period of time shall not be entitled to return to work until the expiration of such leave unless the Employer elects to waive this provision;

(c) Such leaves shall be without payroll compensation or Employer paid benefits unless the employee is eligible for paid vacation days under the provisions of this Agreement, and then those benefits shall be the sole source of payment to the employees; and

(d) Leaves covered by the Family and Medical Leave Act ("FMLA") for employees eligible for said leaves, shall be administered in a manner consistent with the FMLA and the Employer may require the employee to use accrued vacation days, and other leave benefits under this Agreement, concurrent with the leaves granted under the FMLA, as allowed by the FMLA. Action taken by the Employer to comply with the FMLA shall not be the subject of a grievance nor give rise to a claim that this Agreement has been violated.

ARTICLE 13 -RETURN OF UNIFORMS/WEAPONSffRAINING

Section 1. Upon the termination of employment, each employee will be responsible to return all Company-issued uniforms and equipment in good condition, reasonable wear excepted, within two (2) days after the employee's last day of work. The actual cost to the Employer of any article(s) of a uniform and/or equipment not returned to the Company within two (2) days after the employee's last day of work will be deducted from the employee's final pay check.

Each employee will agree in writing authorizing the deduction from his/her last payroll check as provided above.

Section 2. If an employee is issued a weapon, the employee shall comply with all laws, rules, procedures and regulations issued by client, the Employer and the State of Delaware

Page 25 of34

Attachment 3 246 of 254 regarding the use and storage of the weapon. The following shall apply if more restrictive than the above laws, rules, procedures and regulations: (i) when driving to and from work under the

Contract, the weapon shall be unloaded, the safety shall be engaged, a gun/trigger lock shall be attached and engaged and the weapon shall be stored in a locked lock-box (with a lock provided by the Employer) in the trunk of the employee's vehicle, (ii) when not traveling to and from work, the weapon shall be at the employee's home, unloaded, the safety engaged (if the weapon has a safety), an employer-provided slide lock attached, the weapon shall be in an Employer provided case and the case secured to an immovable object (using the Company-issued handcuff's, if necessary), (iii) except for practice solely in connection with weapons certification required under the Contract, no personal use of the weapon shall be allowed, (iv) the weapon shall be immediately returned to the Employer upon request of the Employer, and (v) any employee issued a weapon may be required to undergo a psychological examination at the request of the Employer. Any violation of this section shall subject the employee to immediate discharge.

ARTICLE 14- UNION MEMBERSHIP AND DUES CHECK-OFF

Section 1. An employee who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (1 0) days after the thirtieth

(30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth

(30th) day following employment, whichever is later, as a condition of continued employment, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the

Union, for the duration of this Agreement.

Page 26 of34

Attachment 3 247 of 254

Section 2. Employees meet the requirement of being members of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tending to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v.

General Motors Corp., 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

Section 3. Subject to the limitations of state or federal law, the Company agrees to deduct from each payroll check the amount of 1/261 h of the annual Union membership dues levied by the Union in accordance with said Union's constitution and bylaws, of each member of the Union who has in effect at that time proper authorization card executed by the employee, authorizing the Company to make such deductions. The Union will notify the Employer in writing of the amount of dues and initiation fees to be deducted from the payroll checks of employees who have submitted dues deduction authorization cards to the Employer.

Section 4. The authorization form shall be provided by the Union. The Company will submit to the Union's designated official dues withheld in accordance with the authorization.

The remittance shall be accompanied by a list showing individual names and amounts deducted.

All sums collected in accordance with such signed authorization cards shall be remitted by the

Company no later than the fifteenth (151

h) day of the following month. Errors made by the

Company in the deduction or remittance of monies shall not be considered by the Union as a violation of this Article, providing such errors are unintentional and are corrected when brought to the Company's attention. The Company will not be responsible to collect or deduct dues in arrears.

Page 27 of34

Attachment 3 248 of 254

Section 5. Any bargaining unit employee who fails 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 Article, shall be terminated from employment by the Employer effective thirty (30) calendar 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 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 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, or (ii) the Employer has 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; and (iii) the

Employer, within ten (10) calendar 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) or (ii) above, identifying the specific ground and stating the basis for the

Employer's belief that such ground is applicable.

Section 6. The Union agrees to defend, indemnify and hold the Employer harmless from any and all claims, actions, unfair labor practice charges, suits, damages, awards or costs, including reasonable attorneys' fees, incurred by the Employer, on account of any matter relating to the terms of this Article, including without limitation, any claims by any terminated employee(s) in connection with any action taken by the Employer to comply with the provisions

Page 28 of34

Attachment 3 249 of 254 of this Article and claims over dues 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). This Section shall survive the expiration or termination of this

Agreement.

Section 7. Payments for membership dues shall not be required as a…