Attachment_5_-_WDOL_WD_CBA.pdf

201000981

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2010-0098 Shirley F. Ebbesen Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 07/16/2010 State: Minnesota

Area: Minnesota Statewide Employed on DHS contract for armed security guard service:

Collective Bargaining Agreement between DECO, INC. and International Union, Security, Police & Fire Professionals of America (SPFPA) Amalgamated Local #201, effective September 1, 2009 through August 31, 2012.

In accordance with Sections 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).

201301791

REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2013-0179 Diane C. Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 10/21/2013 State: Wisconsin

Area: Wisconsin Statewide Employed on Department of Homeland Security contract for armed guards services:

Collective Bargaining Agreement between DECO Security Services and International Union Security Police and Fire Professionals of America and its Amalgamated Local 203, effective September 1, 2013 through August 31, 2015.

In accordance with Sections 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).

COLLECTIVE BARGAINING AGREEMENT

Between

DECO, INC.

And

INTERNATIONAL UNION,

SECURITY, POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA)

And Its

AMALGAMATED LOCAL #203

FPS Wisconsin

September 1, 2013 to August 31, 2015

TABLE OF CONTENTS

ARTICLE 1 - UNION RECOGNITION

ARTICLE 2 - MANAGEMENT RIGHTS

ARTICLE 3 - UNION MEMBERSHIP AND DUES CHECK-OFF

ARTICLE 4 - EQUAL OPPORTUNITY

ARTICLE 5 - PROBATIONARY PERIOD

ARTICLE 6 - SENIORITY

ARTICLE 7 - LAYOFF AND RECALL

ARTICLE 8 - DISCIPLINE

ARTICLE 9 - GRIEVANCE PROCEDURE

ARTICLE 10 - LEAVE OF ABSENCE

ARTICLE 11 - PERSONAL TIME OFF

ARTICLE 12 - UNION STEWARDS AND UNION ACTIVITIES

ARTICLE 13 - HOURS OF WORK, OVERTIME, MILEAGE AND TRAVEL

ARTICLE 14 - WAGES

ARTICLE 15 - HEALTH AND WELFARE

ARTICLE 16 - RETIREMENT ALLOWANCE

ARTICLE 17 - HOLIDAYS

ARTICLE 18 - FUNERAL LEAVE

ARTICLE 19 - VACATIONS

ARTICLE 20 - UNIFORM ALLOWANCE AND UNIFORMS

ARTICLE 21 - COMPANY REGULATIONS

ARTICLE 22 - NO STRIKE – NO LOCKOUT

ARTICLE 23 - EMPLOYEE INJURY

ARTICLE 24 - DRUG AND ALCOHOL POLICY

ARTICLE 25 - GOVERNMENT REQUIREMENTS

ARTICLE 26 - EXAMINATIONS

ARTICLE 27 - GENERAL

ARTICLE 28 - TERM AND DURATION

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 PROFESSIONALS OF AMERICA and its Amalgamated Local #203

(collectively, the “Union”).

ARTICLE 1 - UNION 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, 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) in Wisconsin, but excluding all lead security guards, office clerical employees, professional employees, managers, non-security personnel, temporarily assigned, substituted, and casual employees, sergeants, lieutenants, captains, assistant project manager, project manager, applicants, trainees, offerees, candidates, and supervisors, as defined by the National Labor Relations Act, as amended and all other employees of the Company, pursuant to the Company’s contract with the U.S. Department of

Homeland Security, Contract No. HSCEC5-09-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 merged into this Agreement.

Section 3. Whenever the words “employee” or “employees” are used in this

Agreement, they designate only such employees as are covered by this Agreement. Whenever in

-2 this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female employees.

Section 4. The term “full-time employee” shall refer to employees who are regularly scheduled to work and actually work thirty six (36) or more hours per regular workweek, excluding all benefit hours paid and unpaid. The term “part-time employee” shall refer to employees who are regularly scheduled to work and actually work less than thirty six (36) hours per work week, excluding all benefit hours paid and unpaid.

Section 5. In the event of an emergency, to provide relief, to cover posts due to manpower shortages or because of training of employees, 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 Employer’s client.

Section 6. Lead security guards may perform bargaining unit work without violation of this Agreement. There shall be no more than four (4) lead security guards on duty at any given time without the Company providing the Union with notice that it desires to increase the number of lead security guards and the Company provides the Union with an explanation for such increase.

ARTICLE 2 - MANAGEMENT RIGHTS

Section 1. The Employer has the sole and exclusive 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

-3 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 shifts and post assignments of employees; 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; and to assign duties to employees in accordance with the needs and requirements of the client 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 subject only to the express and specific terms of this Agreement.

Section 3. The above rights of management are not inclusive of all matters or rights, which belong to and are inherent to management.

ARTICLE 3 - 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 (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the

-4 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.

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 1/26th 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 (15th) 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

-5 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.

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 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, or (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; 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, -6 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 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 condition of employment during leaves of absence without pay in excess of thirty (30) days or during periods of permanent transfer to a position not covered by this Agreement. The Union, and not the

Employer, will be solely responsible for reconciling and resolving any over or under payments of any dues or fees.

ARTICLE 4 - EQUAL OPPORTUNITY

Section 1. The Union and the Employer will comply with all applicable laws prohibiting discrimination on the basis of race, color, national origin, sex, religion, age, disability, union membership, or other legally protected classification. No claimed violation of this Section shall be subject to the grievance and arbitration provisions of this Agreement.

Further, any action taken by the Employer to comply with the Americans with Disabilities Act, or any other state or federal law, shall not be the subject of a grievance or arbitration nor give rise to a claim that this Agreement has been violated.

Section 2. Both the Company and the Union endorse a zero tolerance policy for any form of harassment against a fellow employee, client employee or visitor to any federal facility.

If the Company receives a complaint that this provision has been violated, the Company will

-7 investigate the complaint. The Company, in its sole discretion, will assess the credibility of the complainant, any witnesses and the accused. Any violation of the zero tolerance policy will result in immediate termination.

ARTICLE 5 - PROBATIONARY PERIOD

Section 1. Newly hired 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 and the affected employee, may extend any probationary 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 date of hire.

ARTICLE 6 - SENIORITY

Section 1. Seniority lists for the bargaining unit will be posted and maintained by the

Employer and shall be made available to proper Union officials monthly. An employee’s standing on the posted seniority list will be final unless protested in writing to the captain 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.

-8

Section 2. Except as otherwise provided herein, seniority shall be measured from the date the employee first works a post under the Contract with the Company or a predecessor employer engaged in providing similar services provided there has been no break in seniority under Section 5 of this Article.

Section 3. The seniority of an employee shall be terminated for any of the following reasons:

(a) the employee fails to report to work on the day following expiration of an authorized leave of absence;

(b) the employee fails, while on layoff, upon notice from the Company that work is available, to timely report to the Company for work;

(c) the employee quits or retires;

(d) the employee’s employment with the Employer is terminated for any reason in accordance with this Agreement; or

(e) failure of an employee to perform work for the Employer for a period of six (6) consecutive months, or a period equal to the length of the employee’s seniority, whichever is less.

Section 4. It is the obligation of the employee to keep the Company and Union informed of his or her current address and telephone number within one (1) week of any change.

Section 5. If an employee in the bargaining unit accepts a position with the Company outside the bargaining unit and, with the Employer’s consent, the employee returns to the bargaining unit within six (6) consecutive months from the start of the non-bargaining unit position, then the employee shall accrue seniority during such time period. If an employee in the

-9 bargaining unit accepts a position with the Company outside the bargaining unit, and with

Company’s consent, the employee returns to the bargaining unit more than six (6) consecutive months from the start of the non-bargaining unit position, the employee shall return to the bargaining unit with the same seniority accrual as of the date the employee left the bargaining unit. If the employment of the employee terminates for any reason while employed by the

Company outside the bargaining unit, the foregoing provision will not apply and the termination will be deemed a break in service and result in the loss of all seniority.

ARTICLE 7 - LAYOFF AND RECALL

Section 1. Whenever it is necessary to layoff employees, or if the Contract is terminated, not extended or not renewed, the Employer may layoff employees, as it deems necessary, in the following manner:

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

(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, subject to scheduling needs, non-probationary part time employees shall then be laid off by metropolitan area in the reverse order of their seniority.

(d) Should it be necessary to further reduce the work force, subject to scheduling needs, non-probationary full time employees shall then be laid off by metropolitan area in the reverse order of their seniority.

Section 2. Laid off employees are not eligible for any compensation or employer paid fringe benefits (other than unemployment compensation and earned but unused personal time off pay) during their periods of layoff.

-10

Section 3. Employees who have been laid-off will be recalled to work in the reverse order in which they were laid off.

ARTICLE 8 - DISCIPLINE

Section 1. No employee who has completed his or her probationary period shall be disciplined or discharged without just cause unless the employee is removed from working under the Contract by the Government, at the order or request of the Government, or if the employee’s credentials are denied or withdrawn by the Government. The Company will provide the Union with a copy of such Government order or request, if available.

Section 2. All discharges of non-probationary employees made solely by the

Company (i.e., not due to an action or order of the Government) will be subject to the grievance and arbitration provisions in this Agreement, but shall start at Step Three. All discipline and discharge notices shall be in writing and shall be signed by the Employer. Copies of the discipline or discharge notice shall be given to the non-probationary employee disciplined or discharged and to the Union; provided that the failure to provide a copy of the notice does not negate or affect the action taken.

Section 3. The commission of any of the following by an employee shall constitute just cause and subject the employee to discipline (including up to termination) as determined by the Employer in its sole discretion: (1) breach of the chain of command, except to the extent reasonably necessary to comply with the orders or accommodating the needs of the Government 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 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 a specific

-11 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, (8) a violation of the code/standards of conduct, any employee personnel policy manual of Employer and/or security guard information manual, (9) dishonesty, (10) 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 Government or tenant 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 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 superiors and failure to follow direct written or verbal orders) in connection with employment, (22) a serious or repeated violation of any other requirements or policies of the Employer or the Government, (23) improper use of a firearm or possession of a firearm 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 (after notice of the prohibited conduct to the employee), (26) unless two employees of the Company are legally married to each other, and provided neither employee is a subordinate employee to the other, 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, unless otherwise provided herein, (29) reading, eating or drinking on post (unless allowed by the

-12

Employer), (30) personal use of and/or Union use of Government telephones, copy machines, fax machines, computers, networks, or other equipment, (31) while on duty, possessing or using radios, televisions, personal computers, personal cellular telephones, music players, sending and/or receiving text messages, instant messages or email messages and/or using Twitter, Facebook, My Space or other social network website, (32) violation of grooming standards, (33) allowing personal visitors or relatives on Government property while on duty unless utilizing the services of a Government agency or tenant located in the building, (34) visiting or being on

Government property or private property in which the Government leases space while off duty unless utilizing the services of a Government agency or tenant located in the building, (35) violation of any zero tolerance policy described in this Agreement, (36) failure to timely report to an assigned duty post at the start of a shift or return from any break or lunch, (37) no show/failure to call off with less than two (2) hours notice, (38) the employee is absent from work without advising the Employer and giving reasons reasonably acceptable to the Employer for such absence, as determined by the Employer, (39) 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, (40) the employee gives a false reason for obtaining a leave of absence, (41) 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, (42) the employee is convicted of an offense that disqualifies the employee from working under the Contract, (43) 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 Government to continue to work under the Contract, (44) the

-13 employee breaches the Employer’s or the Government’s code/standards of conduct/security guard manual or other requirements or policies, (45) the employee’s credentials, suitability or qualifications to work under the Contract are revoked, suspended or terminated by the

Government, (46) the Government requires, suggests, recommends or requests the removal of the employee from working under the Contract, or (47) the employee’s seniority is terminated under this Agreement.

Section 4. The parties agree that when the Employer administers discipline, each case may be decided by the Employer on its own merits and the Employer shall have no obligation to discipline employees in a similar manner.

ARTICLE 9 - 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 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

-14 procedure. All grievances, regardless of the initial step, shall be in writing and 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 appropriate management employee as provided in Section 3 below shall countersign the grievance thereby acknowledging receipt of the grievance.

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

Lieutenant of the affected employee within ten (10) days from the date the event giving rise to the grievance occurs. The grievant, a Union representative (if requested by the grievant) and the grievant’s Lieutenant (or his/her designee) may meet to discuss the grievance. The Lieutenant shall give a written decision to the

Union within ten (10) days after receipt of the grievance at Step One.

(b) Step Two - If the grievance is not resolved at Step One, the Union must refer the grievance to the Captain of the affected employee within ten (10) days after the

Lieutenant’s decision. The Captain (or his/her designee) may meet with the grievant and a Union representative (if requested by the grievant) to discuss the grievance. The Captain shall give a written decision to the Union within ten (10) days after receipt of the grievance at Step Two.

-15

(c) Step Three – If the grievance is not resolved at Step Two, the Union must refer the grievance to the Project Manager, within ten (10) days after the Captain’s decision. The Project Manager (or his designee) may meet with the grievant and a

Union representative (if requested by the grievant) to discuss the grievance. The

Project Manager shall give a written decision to the Union within fifteen (15) days after receipt of the grievance at Step Three.

(d) Step Four - Except as provided below, any grievance arising during the term of this Agreement not resolved at Step Three must be submitted to arbitration by submitting a written request thereof to the other party within ten (10) days after the decision of the Project Manager. Service of a request for arbitration upon the

Employer must be made upon the Employer’s Vice President at the corporate office.

Section 4. Notwithstanding the foregoing, no individual grievant may move a grievance to Step Four. Only the Union, by letter or form executed by an authorized Union officer, who is not the grievant, may move a grievance to Step Four.

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, requirement or recommendation of the Government shall be processed to Step Four since those matters are not arbitrable and no arbitrator shall have jurisdiction over such matters.

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

-16 twenty (20) days after the date of the receipt of the request for arbitration, the Union shall immediately submit the matter to the local office of the Federal Mediation and Conciliation

Service (“FMCS”) for a panel of seven (7) Arbitrators primarily located within the states contiguous to Wisconsin. The Arbitrator will then be selected, and the arbitration shall be conducted pursuant to the rules of FMCS. If the Union does not submit the matter to FMCS 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.

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. 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.

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

-17

Employer’s discretion; (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 or her judgment for that of the Government’s regarding a determination, recommendation or request of the Government, the contracting officer or other official of the Government; (f) the Employer’s compliance with a recommendation, request or requirement of the Government, 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 pay 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 not post-date the date of the grievance by more than ninety (90) days, and shall be offset by all earned income received during the applicable period (including all disability, unemployment and other income received), as well as being fully adjusted by any failure on the individual’s part to properly mitigate his or her damages. Any award of front pay shall not, in the aggregate, exceed an amount equal to the employee’s earnings for the six (6) 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 punitive damages, emotional distress or pain and suffering damages.

-18

ARTICLE 10 - LEAVE OF ABSENCE

Section 1. The Company will comply with, where applicable, all requirements of the federal Family and Medical Leave Act and any similar state laws. Any leaves of absence under this Agreement will run, where lawful, concurrently with any legally required leave of absence.

Section 2. An employee who engages in gainful employment without permission from the Company while on leave of absence shall be subject to immediate discharge, without recourse to the grievance and arbitration provisions of this Agreement.

Section 3. All leaves of absence under the terms of this Agreement or personal leaves of absence under the Company’s Employee Handbook shall be for a specific designated period of time, and an employee may return to work earlier than the specifically designated date for his return only with the consent of the Company.

Section 4. All leaves of absence must be applied for in writing and responded to in writing by the Company within fourteen (14) days of the request.

Section 5. The Company recognizes its obligation under the provision of the

Uniformed Services Employment and Reemployment Right Act of 1994; such employee’s shall be re-instated without penalty of losing their seniority.

Section 6. A non-probationary employee who is also an elected Union officer or steward may request up to five (5) days of unpaid leave per Government contract year in order to attend Union functions outside of the Federal facilities protected by the Employer, provided that notwithstanding anything contained herein to the contrary, (i) the employee shall provide fourteen (14) days advance written notice to the Employer, (ii) this leave may be used to investigate grievances, complaints or other employee issues, however the investigation of grievances by Union representatives and Union stewards will not include contacting

-19

(electronically, telephonically or otherwise) other employees while on duty, (iii) the Employer may deny the leave if, as a result of the leave, the Employer would pay overtime to cover the post of such employee, and (iv) no more than one (1) employee in any metropolitan area may receive this leave at the same time, unless the Company agrees otherwise in its sole discretion.

ARTICLE 11 - PERSONAL TIME OFF

Section 1. All non-probationary employees shall earn up to sixty four (64) hours of paid personal time off per full government contract year, which hours shall accrue at the rate of up to 5.33 hours per month not to exceed sixty four (64) hours per government contract year for each month of 144 hours or more of work as an employee under the Contract. For months during which fewer hours are worked as an employee under the Contract, the accruals for those months will be prorated. Paid personal time off will only be accrued at the conclusion of each month.

Section 2. All personal time off requests must be approved by the employee’s immediate supervisor or the employee’s captain and shall be taken in no less than four (4) hour increments.

Section 3. Notwithstanding anything contained herein, if, (i) for full time employees, the employee exceeds his/her maximum earned annual personal time off benefit under this

Article, or (ii) for part time employees, the employee exceeds the amount of then accrued personal time off available to the employee, then the absence will be unexcused and subject the employee to discipline under this Agreement.

Section 4. If the employee has earned and unused time off at the time personal time off is taken, the employee shall use the earned time off before any unpaid time off is granted.

Unpaid personal time off shall not be allowed if earned personal time is unused.

-20

Section 5. Any employee who desires to take personal time off for an illness shall notify the Employer at least two (2) hours prior to the beginning of his or her regular shift.

Section 6. Earned personal time off will be paid to each employee at the employee’s base hourly rate of pay at the time earned and shall be paid on the payroll immediately following the personal time off. Unused personal time off will not carry over from contract year to contract year, but will be paid at 100% of the earned amount within 45 days after the end of the

Government contract year. If a full time non-probationary employee uses no paid personal time off days during the Contract year and has no unpaid time off during the Contract year, then said non-probationary employee shall earn one (1) additional personal day.

ARTICLE 12 - UNION STEWARDS AND UNION ACTIVITIES

Section 1. Union Stewards shall be designated by the Union from the group they are to represent. The Union will notify the Company of the duly designated Union Stewards and the effective date on which they assume said role.

Section 2. The Union Stewards shall not interfere with the management of the business or direct any work of any employee, but may advise the Company of any claimed violations of the Agreement and also notify the employee participating therein. Regardless of any such notification by the Union Steward to an employee, the employee shall obey and comply with any and all lawful directions of the Company supervisor.

Section 3. Neither Union officials nor Union members shall, during working time

(excluding unpaid break or unpaid lunch periods), solicit membership, receive applications, hold individual and/or group meetings of any kind for the transaction of Union business, or conduct any Union activity or investigation, including the administration or monitoring of the Employer’s compliance with this Agreement.

-21

ARTICLE 13 - HOURS OF WORK, OVERTIME, MILEAGE AND TRAVEL

Section 1. Except as provided in section 2 of this Article, shifts 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.

Section 2. If there is an open post assignment (but not on an annual basis) in the

Milwaukee Metropolitan Area only, at the direction of the Employer, the Union will contact employees in the local to determine if the employee desires to work the open post by contacting the most senior full time employee first and then in descending order of full time seniority within the local. Thereafter, the most senior part-time employee will be contacted by the Union and then in descending order of part-time seniority within the local. In all instances (i) the employee must be qualified to work the post as determined by the Employer in its sole discretion, and (ii) the employee shall not have had any disciplinary offenses within twelve (12) months prior to the post opening. Posts shall be filled by the most senior eligible employee until the next opening.

This process shall continue for up to three backfills as a result of the post opening. The

Employer may fill any additional post openings in its sole discretion. In addition, if no employees select the post, the Employee with the least seniority must work the post. After the post is filled, it shall not be subject to further post bidding unless a subsequent opening exists.

Notwithstanding anything described in this Article, any post assignment shall be subject to any objection by the Government or the Employer. Until such time as the posting is filled pursuant to this Article, the Employer may fill the post in its sole discretion. The Union, including its

International, shall defend, indemnify and hold the Employer harmless from any claims, damages, demands, actions, unfair labor practice and discrimination charges, purported

-22 violations of state or federal law, liabilities, awards, verdicts, court orders, costs and expenses, including attorneys’ fees as a result of any actions or inactions by the Union in handling the open post bid. This provision shall survive the extension, expiration or termination of this Agreement.

The Employer reserves the right to change the hours of any post at any time in its sole discretion without the consent of the Union. For example, the Employer may change a 12 hour post to an 8 hour shift and a 4 hour shift or two 6 hours shifts or any other combination of hours.

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 (1½) 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 by the Employer. 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.

-23

Section 7. Employees shall sign in and out on GSA Form 139 applicable to his or her post.

Section 8. 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 full time 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 full time 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 no employees signing the overtime list agree to work overtime, then the employee with the least seniority who signed the overtime list shall be required to work the overtime on a rotating basis with all other employees who signed the overtime list in the reverse order of seniority. If an employee who signs the overtime list refuses to work overtime twice, -24 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.

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 outside his regular work 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 $0.42 per mile, reimbursement of the cost of meals purchased 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.

ARTICLE 14 - WAGES

Section 1. For non-probationary employees working in Milwaukee, Washington, Racine and Waukesha Counties in Wisconsin under the Contract, the base hourly wages for bargaining unit employees shall be as follows:

Effective September 1, 2013 Armed Security Officer $21.87 per hour Unarmed Security Officer $18.84 per hour

Effective September 1, 2014 Armed Security Officer $22.09 per hour Unarmed Security Officer $19.03 per hour

-25

Section 2. For probationary employees working in Milwaukee, Washington, Racine and Waukesha Counties in Wisconsin under the Contract, the base hourly wages for bargaining unit employees shall be as follows:

Effective September 1, 2013 Armed Security Officer $19.85 per hour Unarmed Security Officer $16.82 per hour

Effective September 1, 2014 Armed Security Officer $20.05 per hour Unarmed Security Officer $16.99 per hour

Section 3. For non-probationary employees working in Kenosha, Rock, Dane and

Columbia Counties in Wisconsin under the Contract, the base hourly wages for bargaining unit employees shall be as follows:

Effective September 1, 2013 Armed Security Officer $20.09 per hour Unarmed Security Officer $17.06 per hour

Effective September 1, 2014 Armed Security Officer $20.29 per hour Unarmed Security Officer $17.23 per hour

Section 4. For probationary employees working in Kenosha, Rock, Dane and

Columbia Counties in Wisconsin under the Contract, the base hourly wages for bargaining unit employees shall be as follows:

Effective September 1, 2013 Armed Security Officer $18.07 per hour Unarmed Security Officer $15.04 per hour

Effective September 1, 2014 Armed Security Officer $18.25 per hour Unarmed Security Officer $15.19 per hour

Section 5. For non-probationary employees working in Outagamie, Eau Claire, Chippewa, La Crosse, Grant, Barron, Wood, Fond du Lac, Brown, Manitowoc, Marinette, Winnebago, Oneida, Sheboygan, Marathon and Douglas Counties in Wisconsin under the

Contract, the base hourly wages for bargaining unit employees shall be as follows:

Effective September 1, 2013 Armed Security Officer $19.62 per hour Unarmed Security Officer $16.59 per hour

-26

Effective September 1, 2014 Armed Security Officer $19.82 per hour Unarmed Security Officer $16.76 per hour

Section 6. For probationary employees working in Outagamie, Eau Claire, Chippewa, La Crosse, Grant, Barron,…