RFP_-_CBAs.pdf

Appendix A

Economic Provisions USPOA/First Coast Security 7/31/17

Current 7-31-17 TBD TBD

Central Heating Plant

PSO Wages $24.15 $25.00

SGT Wages $26.15 $27.07

H& W Allowance $4.15 p/h $4.15 p/h

Pension $1.05 p/h $1.05 p/h

Uniform $0.30 p/h $0.30 p/h Allowance Sick Days 56 hours 56 hours

Health and Welfare Allowance

For the term of this agreement, First Coast Security (the Company) and USPOA (the Union) agree that the Company will make a contribution of all Health & Welfare (H & W) monies to the Health and Welfare Benefit Program on behalf of each employee covered by this agreement beginning October 1, 2016. The H & W benefit will be set at $4.27 between July 31, 2017 and July 30, 2018.

H & W contributions shall be set by the CBA between the parties and will be paid on all worked hours paid up to a maximum of 2080 hours per year and not to exceed 40 hours per week.

USPOA (the Union) agrees that First Coast Security may use all needed employee information available to the company in the normal course of business to set up these accounts. All employees will be enrolled into the program. There is no option that will allow the Health & Welfare Benefit Rate to be paid out as a cash option. Waiving the major medical coverage will be allowed, reasons for waiving the major medical coverage will be determined by the Company.

The purpose of the benefit plan is to provide at least Major Medical Insurance, Life, Dental, Vision, Disability, and Retirement for a full time employee subjected to the H & W and that has completed their initial probationary period if one exists. Full time employees are defined as employees working on average of 30 hours or more per week.

Employees may buy up coverage for their eligible dependents thru a payroll deduction.

Schedule of Benefits. The company shall maintain, at minimum, the following insurance plans on the terms set forth below:

Benefit Plans

A. Major medical and hospitalization Insurance including Prescription coverage B. Life Insurance ($10,000) C. Accidental Death & Dismemberment ($10,000) D. Dental Insurance E. Vision Coverage F. Short Term Disability

$600 Weekly Maximum Seven (7) Elimination Period 13 Week Benefit Duration

G. 40lk Retirement Savings Plan

Any Employee who does not allocate or direct the funds in the plan will have the funds placed into the default 401K fund as deemed by the Plan Trustee.

The benefits provided under this program are described in a separate document which will be provided by the Company at the Unions request.

BEREAVEMENT LEAVE

In the event of a death in the immediate family of a full time employee, the employee will be granted bereavement leave of up to three (3) work days with pay. Bereavement pay will not be used for the purposes of computing overtime and will be paid at the employee's straight-time pay rate at the time the leave was taken. For those employees having to travel 400 miles or more, the bereavement allowance is five (5) days paid leave. These three (3) or five (S) days are to be taken consecutively within a reasonable time of the day of the death or day of the funeral, and may not be split or postponed without prior approval from the corporate office. The Company may require the employee to substantiate the need for the leave. For the purpose of this Article, immediate family is defined as:

Spouse Child Step-Child Foster Child Siblings

Parents (including in- Step-parents Foster Parents Son-in-law Daughter-in-laws) law

Grand Children Legal In Loco Parent Grandparents Step Siblings

Guardian

Government snow days: If the government closes due to snow day and the government pays FCS for the day (s), then FCS will pay the officers that were schedule to work that day (s).

1~l0- lj A.J. Romano V.P. of Government Services, First Coast Security

7-20-2017

AGREEMENT

BETWEEN

UNITED SECURITY AND POLICE OFFICERS OF

AMERICA (USPOA)

AND

FCS

FIRST COAST SCCURITY

FIRST COAST SECURITY

For Guard Services at

The Washington, DC Central Heating Plant

325 13th Street SW, Washington DC 20228

Effective: July 20, 2017 - July 31, 2020

SECTION 1

SECTION 2

SECTION 3

SECTION 4

ARTICLE 1: RECOGNITION

1.1 - Recognition of Union

1.2 - Employees

1.3 - Supervisors and Management

1.4 - Probationary Employees

1.5 - Temporary Personnel

1.6 - Part-time Personnel

1. 7 - Full time Personnel

1.8 - On Call Personnel

ARTICLE 2: UNION SECURITY AND DUES CHECK OFF

2.1 - Dues Check-Off

ARTICLE 3: UNION RIGHTS

3.1 - Stewards

3.2 - Union Posting 3 .3 - Union Activities

3.4 - Government Cooperation

ARTICLE 4: MANAGEMENT RIGHTS

4.1 - General ................................................................................................................................................. I 0

4.2 - Failure to Exercise Rights

4.3 - Nature ofWork

ARTICLE 5: NON-DISCRIMINATION

ARTICLE 6: HOURS OF WORK

6.1 -Purpose of this Article 6.2- Workweek

6.3 - Workday 6.4-0vertime Work

6.5 - Overtime Distribution

6.6 - Mandatory Overtime

6.7 -Call in Pay

ARTICLE 7: GENERAL WAGE

7.1 - General

7.2 - Pay Dates

7.3 - Undisputed Error

ARTICLE 8: LEAVES OF A'fCE

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8.1 -Jury/Witness Duty

8.2 - Military Leave 8 .3 - Bereavement Leave

8.4 - Family and Medical Leave

8.5 - Personal/Non-FMLA Related Leave of Absence

8.6 - Personal/Sick Leave (PSL)

8. 7 - Notice of Absence

8.8 - Medical Certifications

8.9 - Physical Examination

8.10 - Union Leave

8.11 - Rate of Pay

8.12 - Seniority

ARTICLE 9: HOLIDAYS

9 .1 - Designated Holidays 9 .2 - Holiday Pay

ARTICLE 10: VACATION

10.1 - Vacation Hours 10.2- Vacation Requests

AR TI CLE 11: HEAL TH AND WELP ARE & OTHER BENEFITS

ll.l -H&W

11.2 - Uniforms

11.3 -401(k) Plan

ARTICLE 12: DISCHARGE AND DISCIPLINE

12.1 - Just Cause

12.2 -Progressive Discipline 12 .3 - Standards of Conduct

12.4 - Government Action

12.5 - Voluntary Quits

ARTICLE 13: GRIEVANCE MEDIATION AND ARBITRATION PROCEDURE

13 .1 - General Provision .......................................................................................................................... 2 7

13.2 - Step 1

13.3 - Step 2

13.4 - Step 3

13.5 - Step 4

13.6 - Failure to Resolve Grievance

13.7 - Arbitration

13.8 - Decision

13.9 - Special Time Limitations 13 .10 - Failure to Comply with Time Limitations

13.11 - Limits on Arbitrators Authority

ARTICLE 14: SENIORITY

14.1 - General Provision

14.2 - Posting

14.3 - List

14.4 - Accepting Position 0

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14.5 - Loss of Seniority

14.6 - Reductions in Force

14.7 - Call Back

14.8 - Employee Unable to Report

14.9 - Notice to Company

14.10 - Equal Seniority

14.11 - Resolution of Disputes

ARTICLE 15: CONTINUITY OF OPERATIONS

15.l - No Strikes

15.2 - No Lockouts

ARTICLE 16: DRUG AND ALCOHOL

ARTICLE 17: ARREST AGREEMENT-ADVERSE INFORMATION REPORTING

ARTICLE 18: TRAINING AND QUALIFICATION

18.1 - General

18.2 - Trainers

18.4 - Payment

18.4 - Weapons Training

18.5 - Failure to Successfully Complete

ARTICLE 19: Miscellaneous Provisions 19 .1 - Personal Data .................................................................................................................................. .3 6 19.2- Break Periods

19.3 -Labor Management Meeting

ARTICLE 20: SCOPE OF AGREEMENT

20. l - Duration

20.2 - Separability

20.3 - Waivers

20.4 - Successors and Assigns

Appendix A

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PREAMBLE

SECTION 1.

This Agreement is entered into by and between First Coast Security, (hereinafter referred to as the "Company" or "FCS") and the covered employees of the Company (as defined in Article 1.2) located at 325 13th Street SW Washington DC and United Security and Police Officers of America and its affiliated Local (hereinafter referred to as the "Union"). Unless otherwise stated herein, this Agreement is effective July 20, 2017.

SECTION2.

The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties, after exercise of that right and opportunity, are set forth in this Agreement

SECTION 3.

It is the intent and purpose of this Agreement to assure sound and mutually beneficial industrial and economic relationships between the parties hereto, to provide an orderly and peaceful means of conducting negotiations and resolving any misunderstandings or grievances, and to set forth herein the basic Agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment

SECTION 4.

The Union, the Company and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement consistent with applicable State and Federal Law. Both parties recognize the principle of a fair day's work for a fair day's pay.

ARTICLE 1: RECOGNITION

1.1 - Recognition of Union

The Company hereby recognizes the Union as the exclusive bargaining representative of "employees" as defined in Article 1.2 of this Agreement.

It is agreed that within thirty (30) days after the signing of this Agreement, the Company shall reproduce fifteen (3) copies of the Collective Bargaining Agreement for distribution to bargaining unit members. This cost shall be shared

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1.2 - Employees

All full-time, part-time and on-call Protective Security Officers ("PSOs") and Lead PSO/Sergeants employed by the Company at 325 13th Street SW, Washington DC, but excluding temporary employees as defined in Article 1.4 of this Agreement, all clerical employees, managerial personnel, project managers, lieutenants and other supervisors as defined by the National Labor Relations Act and all other personnel.

It is expressly agreed and understood between the parties that persons enrolled or participating in pre-assignment training programs offered by the Company shall not be considered employees or within the bargaining unit under this Article 1.

1.3 - Supervisors and Management Personnel

Supervisors and managers (i.e.; Lieutenant, Captain, Major and etc.) may perform bargaining unit work for purposes of instruction, training, employee relief or emergencies to cover for employee absenteeism until a bargaining unit member can be contacted and brought in.

Lead PSO/Sergeants shall not be involved in any part of the disciplinary process.

1.4 - Probationary Employees

All employees newly hired, or rehired after termination of their seniority, shall be classified as probationary employees for a period of Ninety (90) calendar days from the date of hire or rehire. Probationary employees may be disciplined or discharged at the discretion of the Employer without recourse to the grievance process contained in this Agreement and such discipline or discharge shall not be found to violate this Agreement in any way. Probationary employees do not accumulate seniority. Upon completion of his/her probationary period, an employee's seniority date shall be his/her date of hire.

1.5 - Temporary Personnel

"Temporary personnel" are persons hired by the Company for a period not to exceed thirty (30) days in a calendar year and, who, prior to the commencement of actual work, have executed a written statement acknowledging such duration of employment A person initially hired under such conditions may not actually work in excess of thirty (30) days in a calendar year, except by mutual agreement of the Company and the Union. The Company, under its contract with the United States Government (hereafter "the Contract"), may provide, hire and use temporary personnel in order to provide full staffing level coverage, increase security levels as needed and avoid overtime; provided it is not the intent of the Company to replace existing full-time vacancies/jobs with temporary employees. Temporary employees may also be in the form of employees assigned to another Contract but

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Company may also utilize Temporary employees to fill a Government-established Temporary Post for its term.

1.6 - Part-time Personnel

The Company, under its Contract, may provide part-time positions in order to provide full staffing level coverage, increase security levels needed and avoid overtime. The part- time employee may be scheduled to work more than a part-time schedule. Part-time employees shall be those employees who work less than thirty

(32) hours in a work week. Part-time employees will be required to work no less than sixteen ( 16) hours a month.

1. 7 - Full time Personnel

Full time employees are employees who are classified as "full-time" and are regularly scheduled to work thirty-two (32) hours or more per week continuously during a 52 week period.

1.8 - On Call Personnel

On call employees shall be defined as employees who do not have regularly assigned schedules or a minimum or maximum number of assigned hours per week.

These employees are used on an as needed basis to fill shifts made available from officer call - offs and absentees.

ARTICLE 2: UNION SECURITY AND DUES CHECK OFF

2.1 Union Security

An employee shall not be required, as a condition of employment, to pay money to the Union, or to become a member of, or continue membership in, the Union, if he/she is employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or othenvise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

2.2 - Dues Check-Off

The Employer agrees to deduct Union dues from the wages of officers who voluntarily elect to become a member of the Union and authorize the Employer to make such deductions on a properly executed check-off authorization card provided by the Union. Deductions shall be taken from each bi-weekly paycheck in an amount not exceeding two (2) hours of the employee's base wage monthly. Funds

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security number, the amount of dues deducted from each, shall be remitted to the International Union by the fifteenth (151h) of the following month. The Employer will also provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld.

The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues and initiation fees. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

The Union agrees to indemnify the Employer against any loss or claim, which may arise as a result of the Employer's compliance with the Union check off. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

Check-Off authorization may be revoked at any time by the employee by written request to the Company and by sending a copy of such request to the Financial Secretary/Treasurer of the Union.

ARTICLE 3: UNION RIGHTS

3.1-Stewards

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize one ( 1) Shop Steward and one alternate steward per shift. Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, at least two (2) calendar days of such change becoming effective.

B. Steward Authority: The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in investigatory interviews consistent with Article 3.1 D of this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing; and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may only be conducted during working time in exceptional cases where agreed upon in advance

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C. Compensation. Stewards shall not be compensated by the Company for performing their duties as a shop steward if on their off time.

D. Investigatory Interview. Subject to, and in accordance with the National Labor Relations Act, any investigatory interview between an employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union officer or shop steward unless such officer or shop steward is not reasonably available and exigent circumstances preclude postponement of the investigation.

3.2 - Union Posting.

The Union may use bulletin boards, or other methods of communication, to post notices relating to official Union business or otherwise communicate with employees at facilities where employees work. The decision of whether to allocate bulletin boards for the posting of notices or permit such communications shall be at the sole discretion of the Union. All Union notices posted shall be signed by an officer of the Union or Shop Steward. Copies of Union notices shall be provided to the Company's Site/Project Manager.

The parties understand that all sites/posts are owned by the United States Government. Therefore, should the Company be informed that the bulletin books need to be removed for any reason; the Company has an obligation to remove the books. The Company understands that the Union has the right to communicate with the government to resolve this dispute.

3.3 - Union Activities.

Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the Company or this Agreement. It is expressly understood that breaks and lunch periods are acceptable for conducting business related to· grievances. It is intent of this Article to apply to bona-fide Union business and not to be construed to mean routine and normal conversations on the job that includes issues of the Union and the Company.

3.4 - Government Cooperation.

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The Union acknowledges and agrees that the terms and conditions of this Agreement, and the employee's employment with the Company, are subject to certain priorities, rules, procedures and restrictions of FCS's customer, the United States government. The Union agrees to cooperate with the Company in all matters required by the government and to comply with all such government priorities, rules, procedures end restrictions. The Union further agrees that any actions taken by the Company pursuant to a requirement imposed by any agency of the United States government shall not constitute a breach of this Agreement. Any action which any agency of the United States requires or directs the Company to take immediately, may be taken without prior notice to or discussion with the Union.

However, whenever such action affects a term or condition of employment, the Company agrees to notify and discuss with the Union the effects of that action. For all requirements and/or actions imposed and/or directed by the Government, the Company agrees to provide supporting documentation to the Union, if available.

ARTICLE 4: MANAGEMENT RIGHTS

4.1 - General.

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 manage and operate its business prominent among which, but by no means wholly inclusive, are the right to unilaterally decide 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 cessation of operations covered by this Agreement or any part thereof; the altering, rearranging, combining, transferring, assigning or ceasing of any job, department, operation or service; the work to be contracted out, purchased or assigned to non-bargaining unit personnel, including work performed by bargaining unit employees;

the types of equipment utilized; 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, lay off, promotion, demotion, assignment of work to, or transfer of employees; the discipline, suspension, and discharge of employees pursuant to Article VII; 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; the determination and implementation of such

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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.

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 notification of the Union, is recognized. The Union reserves the right to question the reasonableness of the company's implementation or modification of any rule or regulation through the filing of a timely grievance after such notification.

4.2 - Failure to Exercise Rights.

The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

This statement of management rights, which remains unimpaired by this Agreement, is not intended to exclude others, which are not mentioned herein.

4.3 - Nature of Work.

It is recognized and acknowledged that the Company is in the business of providing a service, through its employees, to the Government, its customers and the public.

It is therefore essential and expected that all employees will act in a highly professional, courteous manner and will be held accountable for their duties, functions and job requirements.

ARTICLE 5: NON-DISCRIMINATION

The Company and the Union agree that they shall each comply with all federal, state, and local (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et sea), Title VII of the Civil Rights Act of 1964 (42 U .S.C. § 2000e et sea), the Rehabilitation Act (29 U.S.C.

§ 793 et sea.), the Civil Rights Act of 1866 and 1871 (42 U.S.C. §§ 1981 & 1983), Executive Order 11246, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), the Civil Rights Act of 1991(Pub.L.102-66), the Family and Medical Leave Act of 1993 (29 U.S.C. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C. § 4212). Any claim that the foregoing provision has been breached, or that the Company has breached any federal, state, or local civil rights law, or law regulating employment shall be resolved pursuant to Aiµ9ing arbitration as set forth in Article 13 .13 after exhaustion

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ARTICLE 6: HOURS OF WORK

6.1 - Purpose of this Article.

The sole purpose of this Article is to provide a basis for the computation of straight time, overtime and fringe benefits, and nothing contained in this Agreement shall be construed as a guarantee or commitment by the Company to any employee of a minimum or maximum number of hours of work per day, per week or per year. It is expressly agreed and understood by the Parties that such scheduling and personnel needs shall be the sole prerogative of the Company.

6.2 - Workweek.

The normal workweek shall consist of forty ( 40) hours, and commence at 0001 Monday and end one hundred sixty-eight (168) hours thereafter.

6.3 - Workday.

The normal workday shall consist of twenty-four (24) hours beginning at 0001 hours and the normal shift shall consist of eight (8) to twelve (12) consecutive hours. The Company agrees to post a tentative two week schedule in advance.

Changes in the regular work week or the normal weekly or daily shift for any employee shall be posted one week in advance. Changes in hours of work may also be made whenever necessary for the purposes of legitimate scheduling requirements such as training or special events. Except in cases of a client emergency, a twenty-four (24) hour notice shall be given in advance of such changes. If the employee is off duty, the supervisor shall make personal contact and maintain a contact log. All such changes on the schedule will be initialed and dated by the supervisor making the change.

No employee shall provide more than twelve (12) hours of service in any twenty four (24) hours period unless the work hours are separated by an eight (8) hour non-duty period. Exceptions to this rule are extreme emergencies (i.e. weather conditions that prevent the relief personnel from getting to the building; civil disturbances; natural disasters, etc.) or as directed by management or the client.

The Company will give notice of employee's regular scheduled days off. When an employee has two days or more scheduled off in the workweek, such days off will be scheduled consecutively, whenever practicable.

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Nothing in this Agreement shall be construed as a guarantee of any number of hours of work per day or days per week and nothing in this agreement shall be construed as a limitation upon the Company's right to schedule hours in excess of, or less than those in the normal workweek.

As used throughout this Agreement the term "actual work" shall be synonymous with "work time" or "working time" as those terms are defined under the Fair Labor Standards Act

6.4 - Overtime Work.

The opportunity to work overtime shall be provided consistent with the Company's needs and circumstances, and shall be scheduled according to the steps listed below.

Where seniority is equal between two bargaining unit employees, the overtime hours shall be given to the employee who made the request first.

Employees may be required to work assignments beyond regularly scheduled hours at the discretion of the Company. The Company has the right to hold over employees until relieved and/or to require an available employee to provide coverage; an employee who refuses to work such additional hours may be subject to appropriate discipline. However, the Company will make every effort to schedule such assignments on an equitable, rotating basis. The Company will attempt to provide two (2) hour notice to employees on duty that he or she will be required to work beyond his or her scheduled hours. Employees shall not be held over past twelve (12) hours unless mandated by emergency conditions.

Overtime pay is calculated at one and one-half (1 '12 ) times the employee's straight time rate of pay for all hours worked in excess of forty ( 40) hours of actual work in any single workweek. There will not be any pyramiding of hours worked. Only hours actually worked will be recognized in determining overtime eligibility.

6.5 - Overtime Distribution

Scheduled overtime shall be distributed in the following manner:

Scheduled overtime shall be offered to guards qualified to perform the offered work by seniority on a rotating basis. The assignment shall be offered to the most senior, qualified guard not offered the previous opportunity. A guard who refuses an offer shall be treated as having been accepted the offer for the purpose of the rotation. .

It is further understood that should there be no acceptances, then officers shall be mandated in accordance with section 6.6 of this Agreement. Overtime records will be made available to the Union by the Company upon request, in a reasonable amount of time.

6.6 - Mandatory Overtime

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If no volunteers are available or no one volunteers for scheduled overtime, then the least senior qualified employee will be mandated to cover the available overtime.

6. 7 - Call in Pay

An employee called in to work and who reports for duty will be guaranteed a minimum of two (4) hours pay at their regular straight time hourly rate of pay.

ARTICLE 7: GENERAL WAGES

7 .1 - General.

An employees shall receive not less than the minimum wage rates as set forth in the scheduled job titles and wage rates set forth in the Appendix. Employees shall be paid the pay rate associated with the post to which they are assigned.

7.2 - Pay Dates

Wages will be paid biweekly. In the event that a regularly scheduled payday falls on a weekend or holiday, employees will receive pay on the last day of work before the regularly scheduled payday.

7.3 - Undisputed Error

In case of an undisputed error on the part of the Company as to an employee's pay, proper adjustment will be made on the next scheduled paycheck, or sooner as practically possible. If the error is one hundred dollars ($100.00) or more, the company will make the adjustment within two (2) business days of being provided with the required payroll adjustment form and/or applicable documentation to support the pay error, if received within two days from pay date.

ARTICLE 8: LEAVES OF ABSENCE

8.1-Jury/Witness Duty

A full time employee who has completed his or her probationary period and who is required to report for jury duty or has been subpoenaed as a witness shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of forty (40) hours; provided, however, in order for the

Employee to be eligible for compensation, the employee must have notified the Company within forty-eight ( 48) hours of receiving the jury duty notice or subpoena. Employees will not be compensated for participation in any proceeding

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cu in which they are a party in the case (plaintiff or defendant), or where they are appearing as a witness against the Company, unless required by law.

For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the amount received by the employee from the court or government agency. No compensation shall be paid by the Company for jury duty on Saturdays, Sundays and holiday unless the employee had been scheduled to report to work on such Saturday, Sunday or holiday. Jury service pay will be paid to full-time employees only. The Company reserves the right to request an exemption or postponement of jury service. An employee who reports for such service and is excused there from shall immediately contact his immediate supervisor and stand ready to report for work, if requested. In order to be paid by the Company for such leave, the employee must submit to the Company's Payroll Department, through their supervisor, written proof, executed by the administrator of the court, of having served, the duration of such service; and the amount of compensation received for such service.

If an employee is called as a witness to a crime on the facility, then he/she shall be compensated for all time spent in testifying or cooperating with prosecuting officers; provided however, that any witness fees tendered to the employee shall be delivered to the Company.

8.2 - Military Leave

The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. § 4301 et seq.

("USERRA"). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave. If covered by Company benefits, it is the employee's responsibility to coordinate continued coverage 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.

8.3 - Bereavement Leave

For the eligibility requirements of bereavement leave, please see the Appendix.

8.4 - Family and Medical Leave

A. Leave Entitlement. An employee who has been employed by the Company for 12 months and who has completed 1250 hours of Work during the 12-month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("FMLA") in accordance with its provisions and the Company's FMLA policy . Employees granted such leave will be required to use any accrued but unused leave balances prior to going into an unpaid status. This leave time will count towards their total leave time allowe3 under the Act. If covered by Company benefits, it is the employee's

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B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee's leave entitlement under the Act, the 52-week period immediately preceding the commencement of FMLA leave shall be the applicable measuring period.

8.5 - Personal I Non-FMLA Related Leave of Absence

An employee who has completed his or her probationary period may request a leave of absence for personal or non-FMLA related medical reasons. The maximum amount of such leave an employee is allowed to take is eighteen (18) weeks in a 12-month period. Any combination of non-FMLA and FMLA leave may not exceed this maximum limit, except where an extension of such leave is required as a reasonable accommodation for a protected disability. Any such request must be in writing and state the reason for and length of the desired leave. Employees granted such leave will be required to use any accrued but unused leave balances prior to going into an unpaid status. If covered by Company benefits, it is the employee's responsibility to coordinate continued coverage 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.

Leave under this Article shall be allowed provided it does not interfere with the Company's business and scheduling needs. Upon giving notice of intent to return to work, an employee shall be scheduled to report to his or her former shift and site, if available. If the employee's former shift or site is not available, the employee shall be assigned a shift and site as the Company determines necessary to its scheduling needs. Employees on leaves of absence who accept other employment during such leave, or who do not return to work on such terms as required by the Company, shall be considered as having voluntarily resigned. It is expressly agreed and understood between the parties that any alleged violation of this article shall be subject to the grievance procedures set forth in Article 13.

8.6 - Paid Time Off (PTO)

Paid Time Off (PTO). Each eligible full-time employee shall accrue up to seven (7) eight hour PTO days per year to a maximum balance of 56 hours. An employee must request to use these days in no less than eight hour increments and must receive approval by the employee's immediate supervisor. PTO will be granted based upon Employer's operational needs. In the event of sickness, the supervisor(s) must be notified as soon as possible. The employer may request a medical certificate for any sick leave prod of more than two days. For extended sick leave of three (3) days or more, a medical certificate will be required. The Employer

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abuse is suspected. PTO shall be used or paid out during the Contract year awarded.

Any unused PTO leave will be automatically paid to the employee within two pay periods after the start of the subsequent Government contract year.

8.7 -Notice of Absence

An employee who foresees that they will be absent due to anticipated medical reasons (including dental and medical examinations) must provide the Company two weeks' notice of his/her anticipated absence (or if two weeks' notice is not practical then as soon as possible regardless of the length of the anticipated absence.

Failure to do so will result in disciplinary action up to and including termination.

Where the Family Medical Leave Act does not apply, the Company shall try (but not be obligated) to accommodate the employee's request for leave.

8.8-Medical Certifications

An employee who is absent due to illness or injury or for other medical reasons (including dental and medical examinations) for three (3) or more consecutive work days shall be required to provide to the Company's Personnel Department, through their supervisor, a completed medical release from his/her physician certifying that the employee is able to return to work on the day of returning to work. If the Company questions the physician's statement submitted by the employee, the Company may require the employee to obtain a second opinion by a physician selected by the Company, at the Company's cost. If the opinion of the first physician and the second physician differ, the Company may require the employee (at the Company's expense) to obtain a third opinion from a mutually agreed upon physician, whose opinion shall be final and binding. Where an employee fails to provide medical certification under this Article, or where the medical certification does not support the employee's absence, ·the employee will be subject to disciplinary action, up to and including termination, in accordance with Article 12 of this Agreement. An employee who does not provide medical certification that he/she is able to return to work, if required or requested by the Company under this article, will not be permitted to return to work.

Where an employee takes leave pursuant to the Family and Medical Leave Act as set forth above, the provisions of the Company's policies under that Act shall control and will supersede any provision of this Article which is inconsistent with the Act or the Company's policies under the Act

8.9 - Physical Examinations

The Company shall have the right to require that employees undergo physical or medical examinations or fitness for duty assessments as allowed by law or as required by the government. The Employer shall pay the employee no less than two

(4) hours for time spent taking an employer requested medical examination or

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8.10 - Union Leave

The Company agrees to grant two (2) Union officers or delegates an unpaid leave of absence upon written request for the purpose of attending Union conventions or other meetings of vital interest to the Union, provided it does not affect the operating efficiency of the Company and the Company has been provided fifteen

(15) days advance notice. Union leave shall be limited to five (5) working days per calendar year and shall be unpaid. Unpaid leave will also be granted for contract negotiations and this time will not count towards the five (5) working days per calendar year.

8.11 - Rate of Pay

Except as otherwise provided in this Article, paid leave taken by an employee shall be compensated at the straight-time rate of pay at the time the leave is taken. Except as otherwise specifically provided in this Article; hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime nor shall fringe benefits accrue during such leave.

8.12 -Seniority

Seniority shall accumulate during any approved leave of absence; however, length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over 30 days.

ARTICLE 9: HOLIDAYS

9.1 - Designated Holidays

The employee under this Agreement shall observe the following days as holidays in compliance with federal law as to the actual day and date of observation:

New Year's Day Memorial Day Columbus Day Christmas Day

9.2 - Holiday Pay

Martin Luther King Day Independence Day Veterans Day

Presidents Day Labor Day Thanksgiving Day

Section 2. A full-time employee who is not scheduled to work on a holiday shall be paid their regularly scheduled hours, not to exceed eight (8) hours of holiday pay at their base hourly straight time rate, if the employee has been in paid status (e.g.

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Section 3. Any full-time employee who works as scheduled on a holiday shall receive their regular rate of pay for all hours worked, and in addition shall receive eight (8) hours holiday pay.

Section 4. An employee who is scheduled to work on a holiday and fails to report for such work without reasonable cause shall forfeit the employee's holiday pay.

Further, if an employee fails to report to work on their scheduled day before and their scheduled day after the holiday, the employee shall forfeit the holiday pay. In order to receive pay for holiday, the employee must be in an approved pay status and must meet the requirements in Section 2.

Section 5. Holiday pay for regular part-time employees, who was scheduled to work a holiday, who do not work on a holiday and who meet the eligibility requirements set out in Section 2, above, shall be paid prorated to the full-time benefit based on their prior week's hours of work divided by thirty-two (32).

Section 7. Any regular part-time employee who works as scheduled on a holiday shall receive the employee's regular rate of pay for all hours worked plus prorated holiday pay based on the prior week's hours of work.

ARTICLE 10: VACATION

10.1 - Vacation Hours

(a.) Eligible full-time employee's annual vacation shall be calculated in accordance with the following schedule:

1 year - 5 years 5 years - 10 years 10 years - 15 years 15 years+

80 hours 120 hours 160 hours 200 hours

(b ). Length of service includes the entire span of continuous service with the First Coast Security Solutions or the previous contractor of the Government's contract at 325 13th Street, SW, Washington, DC 20228

(c.) Eligible Full-time employees shall vest annual vacation pay on the employee's anniversary date, based on their continuous years of service on the contract. All vacation benefits will be paid at the time taken and at the hourly rate in effect at the time taken.

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Eligible part-time employees shall be entitled to prorated vacation pay at their individual hourly rate based on the number of hours worked in the previous year beginning on the employee's anniversary date. For example, an employee was continuously employed for one (1) year, and who worked, on average, sixteen (16) hours a week in the previous year would be eligible to receive forty ( 40) hours of paid vacation based on thirty-two (32) hour full-time, straight-time rate.

10.2 - Vacation Eligibility

(a). Seniority shall control selection of paid vacation periods.

(b.) As schedules and operational needs permit, an employee shall be allowed to take any amount of paid vacation time available or due. Employer shall make reasonable efforts to accommodate an employee's request, but has the sole discretion to deny a request based on business needs.

(c.) By mutual agreement between an employee and the supervisor, paid vacation may be taken in non-consecutive days.

(d.) Should an employee suffer a death in the immediate family during a period of paid vacation, the employee shall be permitted to substitute bereavement Leave for paid vacation.

(e.) Vacation shall be used or paid out during the twelve (12) month period immediately following the year in which it was earned, (i.e., in the twelve (12) month period subsequent to the employee's anniversary date and prior to their next anniversary date). Excess leave over the stated amount shall be paid to the employee within two pay periods after the employee's anniversary date.

(f.) The Employer will allow the maximum amount of personnel off at any one time for Vacation that allows the Company, in its judgment, to maintain efficient operations.

(g). Each Employee who qualifies for a vacation in accordance with the provisions of this Article shall notify the Project Manager, in writing, no more than ninety (90) days in advance; Special requests may be made when decisions need to be made more than ninety (90) days in advance; in such event, Employer may require a proof of purchase of tickets. Tickets of any type purchased prior to the approval of vacation will not be considered.

(h). The Employer will recognize unit seniority when scheduling Employees for vacation. The final allocation of vacation periods shall rest exclusively with the Employer in order to insure orderly and efficient operations and meet Government contract requirements.

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ARTICLE 11: HEALTH AND WELFARE

& OTHER BENEFITS

11.1-H&W

Health and Welfare rules and rates of pay are set forth in the Appendix.

11.2 - Uniforms and Safety Equipment

Proper uniforms and safety equipment will be furnished by the company without cost to the employee; provided, however, that the Company may require or permit employees to launder and maintain uniforms furnished by the company. When any employee is required or permitted to launder and maintain Company furnished uniforms or to provide and/or maintain safety equipment he will be compensated in accordance with the provisions of the applicable local addendum hereto. Such payments shall not be for more than eight (8) hours a day or forty ( 40) hours per week for each employee.

Rate of Uniform allowance is set forth in the appendix.

The Company shall replace uniforms periodically due to normal wear and tear.

Upon termination of employment, all clothing and equipment shall be returned to the Company. Returned clothing shall be cleaned and returned as it was given to the employee at the time of entering the Contract, taking into account normal wear and tear. The cost for such missing items or cost of cleaning shall be the actual cost to the Employer and shall be deducted from the employee's final payroll check.

11.3 - 401(k) Plan

Bargaining unit employees shall be eligible to participate in and contribute to a Company sponsored 401(k) Plan in accordance with the terms of the Plan. The Company shall contribute the amounts set forth in the Appendix up to a maximum forty ( 40) hours per week. 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 terms of the Plan and under the dispute resolution procedures of the Plan and shall not be subject to the grievance arbitration provisions of this Agreement.

ARTICLE 12: DISCHARGE AND DISCIPLINE

Disciplinary actions imposed by the Company will remain active on the employee's record for a period of one year from the date of the discipline.

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12.1 - Just Cause

No employee shall be discharged or disciplined without just cause, and discipline and discharge matters shall be subject to the grievance and arbitration procedures contained in Article 13 of this Agreement.