CBA-2011-4662_R3_-_(MD0778_Census).pdf

CBA WD

CBA 2011-4662 Rev. 3.htm[8/22/2016 7:36:36 AM]

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

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2011-4622 Diane Koplewski Division of | Revision No.: 3 Director Wage Determinations| Date Of Last Revision: 4/15/2016 State: Maryland

Area: Prince George''s

Employed on Department of Homeland Security, Office of Procurement Operations, Federal Protective Service contract for Protective Security Officer (PSO) services for the Census Bureau Building located at 4600 Silver Hill Road, Suitland, MD 20746.

Collective Bargaining Agreement between contractor: Master Security Company, LLC, and union: International Union, Security, Police and Fire Professionals of, effective 4/20/2015 through 4/19/2017 and amended on 4/20/2016.

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).

I I· I

I i

AGREEMENT BETWEEN

NATIONAL ASSOCIATION OF

SPECIAL POLICE AND SECURITY

OFFICERS (NASPSO)

AND

MASTER SECURITY COMPANY, LLC.

FOR GUARD SERVICES AT

AT

4600 Sliver Hill Road

Suitland, MD

EFFECTIVE April 20, 2011- April 19, 2017

INDEX

PREA.MBLE .......................... " , .... ,. .......................... ,. ......................... _ •••••••• , ........... ~~ ARTICLE 1: RECOGNmON .......... ._ ........................ , ... " .............................. ~ .................................................. , ARTICLE II: DURATION OF AGREEMENT

ARTICLE Ill: UNION SECURilV AND MEMBERSHIP ARTICLE IV: CHECKOFF ................................................................... ~~

ARTICLE V: UNION REPRESENTATION

ARTICLE VI: STEWARDS , ................................................... - ............................... ~ .................. ,,, •• , ARTICLE VII: NONDISCRJMINATIO.N ....................... ~ ........................ "' .• -......................................... , ................. ,. •••• - •• 4 ARTICLE VIII: BULLETIN BOARDS ............................. ~·····-···· .............................. , .................................................. - ••• 5

ARTICLE IX: MANAGEMENT'S RIGHTS

ARTICLE X: EMPlOYEE CLASSIFICATION.S ........................................................... ""

ARTICLE XI: WORK WEEK AND HOURS OF WORK .......................... ,

ARTICLE X1: TRAINING AND QUAliFICATION

ARTICLE XIII: UNIFORMS AND EQUIPMENT

ARTICLE XIV! SENIORITY' ··~·························································································~·· ... ······~~·············· ......... -.12

ARTICLE XV; PROBATIONARY PERIOD

ARnCLE XVI: WAGES ................................................... , ARTICLE XVIf: HEALTH AND WELFARE •u••····················••t••········ ... •· .... •·· .. ·······•···· .. ····-··············~~~··-···········~~~·········16

ARTICLE XVIII: RETIREMENT BENEFITS .................................... ._

ARTICLE XIX: HOUDAYS ...................... ..,. ...................................................................................................... , ................. , •• e'll •••• 18 ARTICLE XX: VACATION ••••• " ............................. ~~ ............................................ w

ARTICLE XXI: SICK/PERSONAL DAYS

ARTICLE XXII: LEAVES OF ABSENCE ........ ,. ................... " .................. 6 ....................................................................... "20

ARTICLE XXIII~ NO STRIKE/NO LOCKOUT

ARTICLE XXIV: GRIEVANCE PROCEDURE

ARTICLE XXV: ARBITRATION ................ ,; ......... " ....... ~ •• , ... ,..~."'· .. •••••••••••••••••••••••••••••••••••••• .. •••••••• .. ··-······················

ARTICLE XXV1: DISCHARGE AND DISCIPLINE

ARTICLE XXVII: GENERAL PROVISIONS

ARTICLE XXVIII: SEPARABIUlY AND SAVINGS ClAUSE ARTICLE XXIX; INTEGRATION ............... _ ....................................................................................... , •• ~ ..... ,"•····-·······•••••••• .. 33 APPENDIX A: .................. , ............................. '11 ................................. ,. .............. ,. ........ ,~ •• ,. ............. , .......................... ., PREAMBLE

This Agreement Is entered Into as of the _ day of April 2015 by and between MASTER SECURITY COMPANY# LLC. hereinafter referred to as the .. Employer", and the NATIONAL ASSOCIATION OF SPECIAL

POUCf:! AND SECURITY OFFICERS (NASPSO) hereinafter referred to as the "'Union" coverln1 Its uniformed security officers as defined ln Article I below working under contract DHS HSHQEC-1HHl0006and located at the U.S. Census Bureau at 4600 Silver Hill Road, Suitland. Maryland.

The Employer recognizes and aeknowledps that the Union Is the certified barplnlnJ•Jent for all full time and regular part-time security offkers, including sergeants, employed by the Employer under the contract and work location noted above, but exdudlns office clericals, 1ituten1nts, e~ptalns end any other supervisors as defined In the N1tlonal Labor Relations Act.

M"ffa.E II: DURATION OF AGft&MINT

This Asreement shall be ln full force and effect from the date of its sl&nlna throuah and until April 30, 2017 and from year to year thereafter, provided, however, that either party may, on or before sixty (60) days prior to the expiration date thereof, or any subsequent anniversary date, notify either party by deliverln& In wrltins, a notice of its desire to terminate or modlfv this Agreement.

ARTIQ.E Ul: UNION SECURn'V AND MEMBERSHIP

SldJtn 1: All bargaining unit officers assilned to or employed at the site shall, on or after their thirtieth (30t11) day of work at the site or thirty (30) days following the execution of this 11reement, whichever fs later, tender to the Union an amount equivalent to the Initiation fee tnd periodic: dues whch the Union uniformly requires as a condition of obtaining or retalnlns membership therein or, in the alternative, by tendering to the Union agency fees and dues, as defined by the U.S. Supreme Court in

NlRB v. General Motors Corporation. 373 U.S. 734 (1963) and Beck "· Communicltlons Workers of America, 487 u.s. 735 (1988}.

Sectlon _2: The Company shall be obllsated under this Article to terminate the employment of any employee by reason of his/her flilure to comply with Section 1above upon recetpt of 1 written requut for such termination from the Union, provided that. upon receipt of such written request by the Company, the employee shall have fourteen (14} days to tender the amounts owed and thereby avoJd termination of his employment and provided further that the Union has provided the Company with written proof th1t It has complied with Its lecal obligations concernlns notification to the employee of the delinquency and notification to the employee of his or her statutory rights relatln& to union security.

ltctlon 3: Anything herein to the contrary notwithstanding, an employee shall not be required to pay money to the Union, or to become a member of, or continue membership In, the Union as 1 condition of employment, lfemployed In any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor or1anization or membership in a labor organization as a condition of employment.

ARTIClE IV: CHECKOFF

Segign 1: The Employer agrees to deduct the amounts required by Article m above, from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card.

Such deductions .shall be made from the first paycheck of each month, or the first pay received in that month In which the employee has sufficlent net earnings to cover the Union membership dues or payments.

Funds deducted, along with a summary sheet, Including the names, addresses; social seeority number and local union number of officers and the amount .of dues deducted from each shall be remitted to the Secretary/Treasurer of NASPSO within fifteen (15) days after the first regular payday of the month.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees .. and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Payroll deduction card.s must be submitted prior to the fifteenth (15«~~) of the month preceding the date that deductions are to be made.

Sectlcm 3: The Union agrees to indemnify and save the Company harmless against any and all costs (including attorney's fees) and any and aU claims, demands. suits or other forms of liability that shall arlse out of any action taken by the Company under Article ill and this Article IV.In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it •

.ARTICLE V: UNION REPRESENTATION

Unless permission has been denied by an appropriate Government official such as the Contracting Officer, Contracting Officer Technical Representative (COTR), or the Agency Technical Representative (ATR), Union staff representatives shall be permitted to have access to the Companv's contract workslte for the performance of official Union business, provided that there is no disruption of operations or interference with work. Requests for sud! aa:ess wiH be made in advance and shall not be unreasonably denied. The Union wUI provide the Company with a list of staff representatives and their areas of jurlsdict1on.

ARTICLE Vh STEWARDS Section 1: The Union shall designate no more than four stewards, one of which may be designated chief steward. The Union shalt notify the Employer of the selection of Stewards within ten (10) days of such selectton. Stewards shall not interfere with the management of the business, the work of employees or direct the work of any employee. In the absence or unavailability of the Steward designated as representing employees on a specific shift or In a specific location, any other Union-designated Steward may represent unit employees.

Seqign 2: Union officials, steward and employees shall conduct union business during off duty hours except that, where necessary that the investigation of a grievance be conducted during working tlme to do so, provided he or she first obtains permission from hls or her supervisor and such activity does not interfere with operation such may be conducted during working tlme. Time spent on such brief lnvestigatlons1 shall be unpaid and shall be limited to two (1) hours per pay period. The Company shall compensate stewards for time spent meeting at the Company's request with respect to an individual grievance or matter, which arises during the steward's regular working time.

ARTICLE Vll: NONDJSCRIMINAT!ON

The Employer shall train, as5isn, and promote employees without regard to race, color. religion, natloMI origin, ethnic bacqround, gender. age, marital status, sexual orientattoni disability, stltus as a veteran, political affiliation or beUef, military duty status, or Union activity. The Employer and the Union shall each comply with all applicable federal and Maryland employment discrimination laws includlna but not limited to, the Ate Discrimination In Employment Act, The Rehabilitation Act 11tie VII of the Civil Rights Att of 1964, the Civil Riehts Act of 1991, the Americans with Disabilities Act, as amended, and the Equal Pay Act 1nd the Maryland Civil Rights Act. Any claim that the Employer has violated this Artide, or any other federal, state or local law outlaw1ng discrimination or retaliation or reaulating employment shall be re501ved pursuant to the Gri!IMnce and Arbitration provisions of tbis A&reement (Articles XXIII and XXIV). Nothing In this Artk:le shill prevent the filing of an unfair labor practice charge with the Nationalllbor Relations Board.

ARTia.E VIII: IUumN IOAADS section 1: The Employer will use its rnsonable best efforts to obtain permission from the Govemment for a bulletin board for the exclusive use of the Union at each facility. There shall be no posting of literature on these bulletin boards except by the authority of officially deslsnated representati\les of the Union and suth postinc shall be limited to:

a. Notices of Union reereatfonat and social afflirs;

b. Notk:es of Union elections;

c. Notices of Union appointments and results of Union elections;

d. Notices of Union mettfng;

e. Union updates of neaotlations.

$tdloo 2: There shall be no other distribution, by employees or the Union, of notJces, pamphlets, edvertisins or political matters In work areas.

§ectkm..3: The Union recocnlzes that the bulletin boards are in aovemment offices and Its use and appmwl is at the sole discretion of the Contracting Officer, ATRJ or COTR of the contract. The Union shall ensure there Is no posting contrary to Rules of the us government or any other government authority or the Employer's policy of equal employment opportunity and harassment.

ARnCI.E IX: MANAGEMENT'S RIGHTS

Section 1: Except to the extent expressly abridged or limited by a specific provision of this Agreement, the Company reserves and retains, solely and exclusively,·all of its inherent rights to manaee and operate its business prominent among which, but by no means wholly inclusive, are the right, upon advance notice to the Union, to unilaterally declde and implement decisions as to: the merger. sale or termination of all or any part of its business; the nature and extent of services provided and performed; the cessatlon of operations covered by this Agreement or anv part thereof; the altering, rearranging, tombining, transferring, assigning or ceasing of any job, department, operation or service; the work to be purchased including work performed by bargaining unit employees; the types of equipment utlllzed; the control and regulation of the use of all equipment and other property, Including property of the Federal Government; the schedules of and the number of hours per day or week to be worked by employees; changes in employees' work schedules, assignments and changes In assignments of work to employees; the size. selection, direction, size and make-up of the work force; the hiring, testing (including drug and alcohol testing), selection, examination, Jay off, promotion, demotion, assignmel'\t of work to, or transfer of employees; the discipline, suspension, and discharge of employees pursuant to Article XXV; relieving employees from work. duties or assignments because of the lack of work; the establishment and evaluation of jobs Including the determination of job requirements and job content; the establishment of quality and performance standards; the determination of the methods and means of monitoring, evaluating or Investigating bargaining unit employee performance or conduct, including the use of video surveillance equipment and electronic monitoring equipment; the content and implementation of rules and regulations for service, inspection, efficiency, discipline, safety, and working conditions; the establishment, modification or discontinuance of policies, practices and procedures for the conduct of the business, provided that advance notice ts given to the Union; the determination and Implementation of such measures as the company may determine to be necessary for the orderly, safe, efficient, and cost effective conduct of the operations covered by this Agreement.

Section 2: The right of the Company to make and/or revise such reasonable rules and regulations, as It may deem best for the purposes of maintaining order, safety and/or effective operations of the Company, and after advance notiflation of the Union. Is recognized. The Union reserves the right to question the reasonableness of the compcmy's Implementation or modification of any rule or regulation throush the filing of a timely grievance after such notification.

section 1: The Union agrees to cooperate With the Employer In all matters required by the U.S.

Government and the Union recognizes that the terms and conditions oft his Agreement are subject to the rights the U.S. Government may exercise and that any actions taken by the Employer pursuant to a requirement of, or request by, the u.s. Government may be taken unilaterally and shall not constitute a breach of th!s Agreement.

Section 4: The Company will not subcontract work being performed by bargaining unit employees fort he purpose of unlawfully discriminating against bargaining unlt employees or unlawfully replacing them.

AJmCLE Xt EMPlOYEE a.ASSIFICAnONS

Employees who are rqularly scheduled to work at least thlrty-two (32) hours per workweek shall be classtfted as "full-time". Employees who are reaularly scheduled to work less than thirty-two (32) hours per workweek shall be dassified as reaular "part-time".

ARTIQ.E XI: WORK WEEK AND HOURS OF WORK

§lctftn 1: The rqular work week shall be from 0001 hours Monday until2400 hours Sunday each week.

\Naps shaU be paid bi-weekly on the second Monday following the end of the pay-period. Changes in the replar work week or the normal weekly or dally shift for any employee shall be posted one week In advance.

In the event of emerpncies. exipnt circumstances which were not reasonably foreseeable or the pernment directs the chanae. the Employer may chanae the notm~l weekly or daily shift times by aMna notice as soon as pncticlble.

5Kt1on Z: The hours of work for employees shill be scheduled by the Employer at least two (2) weeks in idvance ucept in circumstances beyond the E~s control. Ttnl Employer shall schedule full-time employees for elaht (8) to twelve (12) hour dally shifts. unless the employee is worlclna overtime.

Sletlpn 1: employees who work shifts of four (4) hours but less thin elsht (8) hours shiU receive one (1) 15 minute paid break. Employees who work shifts of elaht (8) hours but less than twelve (12) hours shall receive a thirty (30) minute unpaid break and two (2) fifteen minute paid breaks durlna their shift. Employees who work shifts twelve (12) hours or more will receive a thirty (30) minute unpaid break and three (3) 1S minute paid breaks.

StctJgn 4: OVertime Is to be paid at the rate of one and oneMhllf (11/2) times the base hourly stralaht time rate. Overtime shall be paid to employees for work performed in excess of forty (40) worked hours In a work week. Premium pay shaU not be pyramided, in that any hour of work for which premium pay is paid under one provision ofthls Aareement shall not be counted as a worked hour under any other provision of this A&feement. Paid vacation, sick/personal time or holiday time or any other time not actually worked (except paid breaks) shiU not be counted as hours worked In the c:alculltion of overtime. Opportunity to work overtime shall be provided consistent with the Employer's business needs 1nd drcumstances and must be authoriZed In advance by the Employer.

Employees 1re required to work asslanments beyond or outside of scheduled hours at the discretion of the Employer, consistent with any restriction Imposed by the 1overnment contract. The Employer has the right to hold over employees until relieved ;nd/or to require an availlble employee to provide c:overaae consistent with any re_strlctlons Imposed by the sovemment contract. In the event that the Employer has advance knowledae of twenty-four (24) hours or more that the overtime will be requ!Nd, such work will be offered consistent with seniority whenever possible

Sectlqn 5: An employee called In outside his reaular work schedule shall be auaranteed a minimum of four (4} consecutive hours of work or pay at the applicable minimum wage In lieu thereof.

Stctloo §: Each employee shall be required to sign In and sign out on FPS form 139, and log into the Company's autom~ed timekeeping system either by phone call or via blo~metrlc c:lock in accordance with procedures presently established by the Employer, which shall constitute their "time sheets".

Section 7: Nothlns in this Article shall be construed as a guarantee of work, work opportunities, or hours, except as otherwise expressly provided.

section 8: The Company and Union agree to cooperate to promote productive utUizatlon of manpower and equipment to best secure the Company and its customer for maximum productivity.

ARTICLE Xll: TRAINING AND QUALIFICATION

Sectlon1: General

It Is the mutual responsibility of the emplovee and the Company to track the expiration of any certifications/qualifications required per the Compants government contract and keep each other lnfonned of such In order to schedule required training and/or ensure completion of necessary paperwork in a timely manner. The employer will endeavor to inform the employee that credentials are due to expire at least 45 days In advance. Within 30 days of expiration on any certifications/qualifications. If the employee has not yet completed or has not yet been .scheduled for recertification training, it Is the employee•s responsibility to advise the Company of the need to be scheduled for training.

ll,glonz: Tralntna Instructors

All training and associated qualifications/certifications will be conducted by the Company. Under no c!rcumstances, with the exception of training required to be provided by the Federal Protective Service, will recurrent training certlficatlons be accepted from other than Company sponsored training instructors. Any employee scheduled for training who falls to attend, will be subject to distipllnary action unless such failure to report Is the result of a documented emergency circumstance.

Sec;.tlon 1: Trelnfnc Pay

Except as othet'Wise provided/directed in this Agreement employees attendins training, presented by or coordinated at the direction of the Company, will be paid their normal base hourly rate of pay for all hours spent in said training.

Sadlon!= Weapons Training

Employees attending weapons qualiflcation/re-qualification sessions scheduled and authorized by the Company will receive a maximum of eight (8} hours pay at their normal base hourly rate of pay for one (1) practice session and four (4) hours pay for one (1) qualification session every she months or the number of qualification standards In the FPS contract in effect.

If an employee is unable to successfully obtain the required qualification score for his/her contract specific weapon, the employee shall be suspended from the contract for a maximum of thirty (30) days. If covered by Company benefits. it is the employee's responsibility to coordinate continued coverase with the Company and to pay any health insurance premiums as applicable. Payment of premiums Is to be made by cashier check or money order. An employee suspended pursuant to thls provision shall not accrue seniority or frinse benefits.

The Company will pay the cost of the first quallfitatlon/requallficatlon session. If the employee fails to obtain the required qualiflcatlon score at his/her first qualiflcatlon/requalification session, he/she will be afforded one voluntary remedial/practice session to be scheduled by the Company during his/her suspension.

The Company shall pay the cost of such second session but It shall be without pay. In the event the Company Is unable to schedule the second session within the 30 day suspension. the suspension will be extended until the employee is so scheduled. If the employee obtains the required qualification score It such sec:ond session he/she shall be reinstated to his/her schedule. If the employee flUs to obtain the required qualifltltlon score or fails to appear for the scheduled session, the employee shatl be terminated.

Failure to SUccessfully COmplete

If an employee dou not successfully complete any other sovemmtnt contl'ld: mandated training having specific recertification requirements or obtain medleal recertification prior to his/her certiftation expiration date, the employee may, at the sole discretion of the company. be suspended from the contract for e maxtmum of thirty (.30) days. The employee will be ~equlted to take any accrued but unpaid leave balances prior to going Into an unpaid status while on suspension.

If the employee fails to successfully meet the recertlflcatlon requirements or fails to report for scheduled training within the thirty (30) day time frame (unless such failure to report Is the result of a documented emerpncy dn::umstance,lnabitity of the Company to set the trainlna scheduled, or due to a delay on either the company or the government's part In setting the certification issued}, the employee shall be termin~ted. An employee suspended pursuant to this provision shall not accrue seniority or fringe benefits.

Government mandated medfc:al certifications or re-certifications shall be conducted It a flcillty chosen by the company and shall be pald for by the Company.

ARna.E XIII: UNIFORMS AND EQUIPMENT stctfonj: Unfforms will be Issued at a d9gnated location at the discretion of the Employer. The Employer will have final authority on sizlns, tailorinsand proper wear of uniforms. The Employer shall provide at no cost to all new employees those Items listed In Its contract every two years. as needed, the Employer will replace untform pants and shirts at no cost to the employee. Employees may purchase replacement Items from the Employer at cost. Such articles shall be paid for by deductions from the employee pey. The Employer shall replace any parts of the uniform that show evidence of normal wear and tear or are dama1ed in the line of duty, provided it has been reported to the Shift Supervisor within the shift period when the inddent occurred.

bction 2: The Employer ae;rees to implement a regular maintenance prosram for all Employer-owned weapons and equipment. Pursuant to this proaram we1pons shall be periodically checked, cleaned, and, if necessary repaired or replaced. Employees have the oblliatlon to ensure that their assigned weapons are at all times In proper working order. If an employee has knowledge that his or her weapon is not in proper condition, the employee shalllmmedlatety report this to his or her supervtsor for appropriate action.

$tetkln 3: Upon termination of employment, the Issued clothine and equipment shall be returned to the Employer. The Union agrees that all employees, at the time of hire, shall give written authorlution allowlnc the Employer to deduct from an employee's final paycheck the am of all unreturned Issued c:lothfng and equipment.

ARTICLE XIV: SENIORITY

Sedion 1: The parties recognize that the fillln& of vacandes, decreases In the workforce. layoffs and recalls should be determined in relation to an employee•s lensth of service (as defined In sectton 2 below).

performance qualifications, skills, abilities and government preference. It Is recosnited, however. that the Employer and Its management have the responsibility for the efficient and profitable operatfon of the business.

Consequently, in all cases of flllfns of vac:andes, decreases in the workforce, and layoffs, length of service shall be the determtning factor only where the employees' overall performance quaiJficatlons, skills. abdities and government preference are equal.

Sed.lo!! 2: For all purposes under this Agreement, seniority is caltu&ated from the date of first employment in the baraainint unrt by the Employer and/or any predecessor contractor or reemployment

. theretn following a break in service as described In Section S below.

Section 1: When two or more employees belfn work on the same date the Employer shall asslfln priority In length of serviee by draw1n1lots.

Stet~on 4: The Employer shall post semi-annually the seniority list of all barsaining unlt employees. Such list shall contain each employee's length of service. The Employer will supply 1 copy of the list to the Union.

Sectiqn 5: Length of servk:e will be broken with the loss of all seniority 1nd the employee shall be deemed terminated from employment If the employee:

a. resigns or quits for any reason;

b. is dlscharpd;

c. Is absent from work for two (2) consecutive workins days without notifying his supervisor In which case he or she shall be considered a voluntary quit. !n the event of extreme circumstances involvln& Illness or injury to the employee which prevent the employee, his or her immediate family or representative from notifyina the Employer, this provision shall not apply if notice to the Employer Is given as soon as practicable;

d. is laid off for a period of 26 weeks from the date of his or her last day of active employment or of his or her length of service whichever is less;

e. is absent due to occupational or non-occupational illness or injury for a period of 26 weeks from the date of his last day of active employment or of his or her length of service, whichever 1s less, unless such period is extended by the Employer as a reasonable accommodation for a protected disability or Is extended pursuant to Article XXI, Section 2;

f. falls to return as scheduled following a leave of absence or pursuant to a notice of recall. A recall notice shall be deemed sufficient if communicated directty to the employee or if mailed or otherwise delivered with accompanying proof thereof to the last address of the employee on the Employer's records, with a copy to the Union. It is each employee's responsibility to insure that his or her address and telephone records are accurate;

g. engages in other employment while on a leave of absence, unless otherwise agreed to by the Employer and Union in writing.

h. becomes ineligible to work because he/she failed successfully to complete training or testing or failed to meet qualifications mandated by the Government. T/A

Section 1: Shift Openings

The Company shall have the right to determine the number and types of shifts and to alter and/or rearrange shift hours. The Company shall have the right to assign employees to open shifts on a temporary basis. Command Center shifts shaH be filled by assignment by the Company. When the Company elects to fill an open full-time or part-time shift on a nonwtemporary basis it shall post the sh1ft hours for bid for a period of seven (7) calendar days. Sergeant shifts shall be bid upon by sergeants only. The shift shall be awarded pursuant to the criteria set forth in Section 1. The successful bidder's previous shift. if maintained, shall then be posted. Any remaining shift openings may then be assigned by the Employer without challenge. In the event there ere no bidders for any posted shift, the Employer may fill such hours by assigning employees or from any other source. Nothing in this Aareement requires that open shifts be posted.

S!c:tipnZ: Sergeant Positions

Selection of employees for, or demotion of employees from, the position of Sergeant shall be at the .sote discretion of the Company and such .action shall not be held to constitute violation of this Agreement.

Sections: Promotions

In the event that a higher level non-supervisory guard classification (other than sergeant) Is created, non-temporary vacancies in such positions shall be posted for bid. Employees shall have seven (7) calendar days within which to bid. The position shall be awarded from among those bidders or outside applicants who are qualified for the position in accordance with the criteria set forth in Section 1.

Employees promoted to a higher level position under this provision shall be subject to a ninety (90) working day probationary period and may be demoted from that posltlon by the Employer during such period for any reason. An employee promoted to a higher level position under this provision may elect to return to his/her former position within ninety {90) worklns days without loss of seniority which shall have accrued during such period. Vacancies created by promotions under this provision, If filled, shall be filled on a temporary basis until the end of the probationary period of the promoted employee. such temporary vacancies may be filled by the Employer by assisnment and without bidding. An employee retumins to the bargaining unit after being promoted to a management position for more than ninety {90) days will maintain the seniority level they had at time of promotion.

Section?: Recklction In Fotce

Reductions In force shall be conducted pursuant to the criteria set forth ln Section 1. Recalls to available non-temporary shall be in accordance with the criteria set forth in Sectton 1, provided that nothing shall preclude the Company from assigning available hours to those employees not on layoff. Laid-off employees shall be recalled to available non-temporary shifts before such shifts are put up for bid. A fuU-time employee mav decline recall to a part-time shift and remaln on the recall list. A laid off employee who Is hired at or Is transferred to another Employer location durins such lay off shell lose all rishts to recall.

Seniority shall not accrue during a layoff except for a layoff due to an employee's efforts at requaliflcation pursuant to Article >Mil.

A laid off E!mp1oyee who is recalled shall be given a notice of recall. A recall notice ls deemed sufficient if communicated directly to the employee or if mailed or otherwise delivered With accompanying proof thereof to the last address of the employee on the Company's records, with a copy to the Union. An employee who fails to respond to a recall notice or return tb work as scheduled shall be deemed to have voluntarily quit even if the notice is returned as undeliverable. An employee who has voluntarily quit or who has otherwise been terminated shall have no right to recall.

Sectipn 10: Shift and Post Reass'iJnments

The Employer has the right to rotate employees among posts or reassign posts as Its operational needs dictate. In the event the Employer determines It Is necessary to rotate or reassign employees among posts.

every reasonable effort shall be made to assign employees durlns the orne shift in which they worked. The

Employer will make every reaso11iilble effort consistent with the Employer's business needs to assiSn employees In such a manner as will not disrupt established child care arrangements as well as family and other work obllgattons.

ARTia.E XV: PROBATIONARY PERIOD

Section 1: All employees newly hired, or rehired after termination of their senion'ty, shall be dasstfied as probationary employees for a period of ninety (90) calendar days from date of hire. During their probationary period, employees may be subject to discipline or discharge at the discretion of the Employer. without reprd to the provisions of Articles VII, Xlll, and XIV of this Agreement. All other provisions of this Agreement are applicable to probationary employees.

Sgttlon 2: There shall be no seniority during the probationary period, but upon successful completion of that period, the Employee shall be credited with seniority from the date of hire or rehire.

Section 3: The purpose of the probationary period is to provide for the evaluation of an Employee over a period of 90 days of work. Should that period be interrupted for more than thirty (30) c:onsecutive working days, the probationary period shall be extended to compensate fur that absence. The Employee will be notified ofthls extension and the reasons for it.

Accrual of Benefits During Probationary Period

a. Upon completion of his/her probationary period, the Employee shall begin to accrue all benefits such as Sick/Personal days and Vacation days.

b. Upon completion of his/her probationary period, the Employee shall be credited with one Sick/Penona1 day. Thereafter, the Employee will accrue one slck day every thirty (30) days up to the annual maximum number of Sick/Personal days provided in this Agreement.

ARTICLE XVI: WAGES

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

ARTICLE XW: HEALTH AND WELFARE

The Employer agrees to contribute the amount set forth in the Appendix A for bargaining unit employees as follows:

a. Employees shall enroll in the Company sponsored health and welfare plan (the "H&W Plan") on a mandatory basis. Those employees who have, and can demonstrate participation ln an employer sponsored group medical plan compliant with the provisions of the Affordable care Act through a spouse or another employer, are qualified to, and may elect to have the Employer Health and Welfare contributions., net of premiums for incidental H&W Plan benefits and administration fees, directed to the COmpany sponsored 401(k) Retirement Plan.

b. Ellglbtllty for receipt of benefits under the health and welfare plan shall be solely in accordance with the terms of the H&W Plan as determined by the Insurer. All disputes concerning health and welfare benefits shall be resolved solely in accordance with the terms of the H&W Plan under the dispute resolution provisions of the H&.W Plan and shall not be subject to the grievance/arbitration provisions of this Agreement.

c. In the event that, during the term of this Agreement, any of the medical plan options offeted by the Company becomes InsuffiCient or deficient pursuant to any federal. state, or local health care legislation or any other regulation, the Company shall have right to: 1) correct any insufficiency or detk!ency without Impacting the percentages of employee contributions; 2) cease non-complying coverage opttons; or 3) elect to pay any legislated or regulated penalties In lieu of adopting compliant coverage options. Prior to Implementing such action the Company will notify the Union and allow it an opportunity to suggest alternatives.

ARTICLE XVII: RETIREMENT BENEFITS

Bargaining unit employees shall be eligible to participate In and contribute to a Master Security sponsored 401(k) Retirement Plan (the lt401(k) Plan") in accordance with the terms of the 401(k) Plan. Master shall contribute the amounts set forth In the Appendix A for eligible bargaining unit employees. Any dispute concerning the operation or administration of the 401(k) Plan, eligibility for participation In, or the receipt of benefits therefrom, shall be resolved exclusively in accordance with the tenns of the 401(k) Plan and under the dispute resolution procedures ofthe 401(k) Plan and shall not be subject to the srlevance arbitration provisions of this Agreement.

ARTIQE XVIII: HOLIDAYS

5ect1on t:The following days shall be designated as paid holidays:

New Year's Day

Martin luther King Day

Presidents Day

Memorial Day

Independence Day

Labor Day

Veterans Day

Columbus Day

Thanksgiving Day

Christmas Day

Sectloo z: Holiday pay shall be paid at the employee's straight time hourly wage rate. The amount of holiday pay shall be pro--rated based on the amount of hours that the employee works during the pay period in which the Holiday falls as set forth below:

Holiday Pay Period Holiday Pay Hours

64> 8

58-64 6

48-58 s

38-48 4

28·38 3

18-28 2

For the purpose of this Section 2, any paid time off such as vacation and paid sick leavef shalt count as hours worked by the employee during the pay period

$action 1: In order to receive holiday pay, the follow1n& conditions must be satisfied: The employee must work his last scheduled shift before the holiday and his next scheduled day of work after the holiday to receive holiday pay. Part-time employees• holiday pay shall be prormd accordins to hours worked the week prior to the Holiday If they do not worlc on the holiday. In no circumstance will an employee be entitled to more than ei&ht (8) hours of Holiday pay per Holiday. If the Federal Government declares a holiday other than the ones list above for the federal employees. the baflalnlnaunit employees will receive holldly pay for that day, If OPM declares such holiday to be paid accordiq to holiday pay auldellnes as spedfted under the Service Contract Act. In addition, any holiday declared by Presidential Prodamatlon, that specifically includes contractors and the services they provide, will be observed as instituted. When a holiday flfts on a Monday, whk:h Is a paid Holiday as set forth above, the Employer shall have all employees paid on the Friday before the Holiday. An employee who is required to work on a hofiday shall be paid the base hourly nte for actual hours worked, in addition to holiday pay, lfell&lble.

ARTICLE XX& VACAnON

Str.tlon 1: FuU-Time Employees covered by this Aareement shall receive the vacation benefits In acc:ordance wtth the folrowtna schedule:

One year throuah four years continuous seNice-Two (2) weeks Five years thfoush eleven yurs continuous service-Three (3) weeks Twelve years throuah fifteen or more years of continuous serviCe- Four (4) weeks

The yearly vacation amount shall be credtt.ed to the employee on the employee's employment anniversary date.

All vat~tion benefits wUI be paid at the hourly rate in effect at the time of the employee's most recent anniversary dite. AccrUal of vacation amounts 1s based upon continuous years of service by the employee, without break in service, for the Employer and the Employer's predacessor(s). in the barplntna unit.

Paid vacation time off for patt-tfme employees shaH be pm-nted In ac::cortlance with the averap wakly hours worited by the employee In the twelve (12, months precedln& his/her annlverury date.

Stctltn z: Vacations may be scheduled any time durina the year w1th the Employer. Employees shall select their vacation period ln order of their seniority where tHSOnably possible and It a ttme mutually convenient to the Employer and the employee. No more than five per cent (5") of the work force m•v be on vacation 1t any time. VICitlon time must be taken within the year foUowina Its accrual.

Sts;tipn 1: Vac:ltions will be lllnted to employees in order of their seniority within work shifts, but the final ri&ht as to the allotment, schedullq ofVICition time periods Is reserved to the Employer In order to usure continued operations at the work site. All such vacation requested shall be in wrltln& (30) days before and approved by the employee's Project Manqer or Site Supervisor within fourteen (14) calendar days. With the Employer's consent and approval, the employee may elect not to take his/her vacation, in which case he/she will receive pay in lieu thereof on the anniversary date of his/her employment.

ARTICLE )0(1: SICK/PERSONAL DAYS

SectiDD 1: AU employees shall be entitled to six (6) paid sick days and three (3) paid personal days. Such paid time off shall be accrued atthe rate of one (1) day each month, not to exceed nine (9) days per year. One day of side/personal day shall tons1st of eight (8) hours of pay at the employee's rqular straight time hourly rate of pay. All unused sick/personal pard time off shall be paid to employees at the end of each contract year with the Government, when the Employer's contract with the Government termln.tes, or when the employment of an employee with the Employer termimrtes, whichever occurs first. Sick/personal paid time off shall be taken in a 4 or 8 hour increments. An employee who is absent due to Illness or Injury for three (3) consecutive work days or, for part-time employees, (2) c:onsecutive scheduled shifts, may be required to provide the to the Employer 1 physician's statement supportlnc the employee's absence and tertifyina that the employee may resume a normal work schedule.

kfitkml:

ARTICLE XXI: LEAVES OF ABSENCE

Fllmlly Medical Leave

AU provisions of this Article shall be applied in a manner consistent wlth the Federal Famly and Medical Leave Act of 1993 ("FMLA") and Master's existlna Family Medical Leave Polley whfch Master may amend from time to time In Its dtsc:retlon consistent with the FMIA. Ellllble non-probationaJY employees Will be aranted up to twelve (12) weeks of unpaid leave for their own serious Illness, for the birth or adoption of a child, or the care of a seriously Ill child, spouse. or parent. Employees may be required to use available paid time off durin& such leave.

Under the FMLA EU&Ible employees may alsa be entitled to 12 weeks of unpaid leave In connection certain exlpndes related to the mllltlry service obiiJatlons of a covered service member or up to 26 weeks of unpaid leave durin& a 12 month period to care for a covered service member. Whenever an employee cannot perform his/her duty safely or efficiently due to illness or a disabllne condition, the employee shill take a leave of absente. An employee who takes such leave may elect to utilize as much paid sick leave as he/she has accrued. Durlns such leave of absence, the employee shell retain his/her exlstina seniority and shall continue to KCrue seniority.

Pursuant to the Maryland Flexlbte l.elve Act, Employees may use accrued vacation and/or sick days for authorized absences occasioned by the nlness of 1 chikJ, spouse or parent.

StctJonZ:

If an employee who Is Ill (or returnlna from maternity leave) and unable to work and has sick leave or FMLA leave, the employee may request and may, at the Employerts discretion,. be 1r1nted extended sick le~ without pay of up to one (1) year. During an extended m1temity and sick leave. the employee shall not continue to accrue seniority, afthoush all seniority attained prior to the arantins of extended maternity and sick leave shall be retained.

Personel Leave without Pay

An employee may request personal leave without pay for a period of up to three (3) months. It Is within the Employers sole discretion whether such requests, which must be in writing and state the reason for and length of the desired leave. will be granted. Neither seniority nor benefits shall accrue durina such personal leave. Employees on leaves of absence for personal reasons who accept other employment durina such leave shalf be considered as having reslsned. Upon givlng two (2} weeks' notice of intent to return to Work, an employee shall be scheduled to report to hls or her former job. or an equal job within two (2) weeks of the Employer's receipt of such notice. lf no job Is available on the employee's former shift or former site, he or she may be put on any shift or site, but wl!l be returned to his or her former shift or site as soon as an openins is available, consistent with the Employer's scheduling needs.

Military Service

Employees enlisted or enlisting in the military service of the United States pursuant to the provisions of the Uniformed Services Employment and Reemployment Rights Act and amendments thereto shall be sranted all ri&hts and privileges provided by that Att.

Jury Duty

Each employee covered by this Agreement will be paid hl.s/her current hourly rate. no more than 40 hours, for time lost due to jury service, if saki leave is authorized for payment under the ~I

Government procurement of the bargaininS site.

If it is necessary for an employee to lose time from work because of death In the Immediate family. the employee shall be entitled up to three (3) days paid leave of absente at his or her straiaht time rate of pay. In the event the employee must travel mere than four hundred miles, the Employer will tpprove 1 minimum of two (2) additional days of absence without pay. For the purposes of this leave Immediate Family is defined to mean an employe.'s father. mother, spouse. sister, brother, children (lncludinglegllly adopted children and/or stepchildren), srandptrents. srandc:hildren, father-in-law. mother-in..faw, aunt, unde, niece1 nephew, domestic partner or significant other. The Employer may require proof of the death for which an employee requests 1 paid leave. Leave dayt granted under this section must be consecutive and indude the d1y of the funeral.

ARTia.E XXIII: NO STRIKE/NO LOCKOUT bstJJm 1: During the term of this agreement, and in exchange for the COmpany's commitment set forth in Section 3. below, the Union and the employees aaree that. as to any underlylns cause or dispute of any nature (im:ludlna, but not limited to sympathy actions and uoflir labor practice protest), there shift be no concerted or self·help action of any kind, including, but not limited to, strikes, picketing, slowdowns, stoppages or curtailment of work of any kind, boycotts, hand billing or any other form of protest or ether let which interferes with, or which is intended to interfere with or apply pressure to, the Company or its business activity or operations. This obligation applies regardless of whether or not the dlspute is subjett to the grievance/arbitration provisions of this Agreement Neither the Union nor any employee shall participate in, Instigate, encourage, authorize or condone any such activity or conduct. Any violation ofthl.s obligation by any employee shall be grounds for the dlscharae and such discharae shall not be held to violate the terms of this Agreement.

The Company agrees that it will not lock out the Union during the term of this Aareement.

ARTICLE XXIV: GRIEVANCE PROCEDURE

Stctioo 1: This procedure Is the sole and exdustve procedure available to the employees and the Union for the resolution of disputes. Should any difference arise between the Company and the Union or the employees covered by this A(creement as to the meanin& Interpretation, or application of the provisions of this Agreement such difference shall be considered a grievance. Grievances shall be processed In the foltowln& manner:

(a). Step 1. The grievance will be reduced to writing on a standard grievance form by the Union and slven to the Project Manager five {S) work days after the occurrence of the event BIV1na: rtse to the pievance or five (S) worfc days from the date the employee reasonably should have known of the event. In the event a satisfactory settlement is not reached within five (S) work calendar days tor the date the srievance ts presented, the matter may be referred by the Union to the second step as set forth In subsection (b) below.

(b). Step 2. The Union mav refer the grievance to Step 2 by flllns a written copy of the grievance on or before the fifth (Stll) work day following the expiration of the above flve (S) worttday period In Step 1 to the Contract Manaser.