HSHQWA-15-R-00002_Amendment_0003_SF30.pdf
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- HSHQWA-15-R-00002
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Amendment 0003 SF30
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| File | Type | Posted |
|---|---|---|
| HSHQWA-15-R-00002_AM00005.pdf | ||
| HSHQWA-15-R-00002_Amendment_00004.pdf | ||
| HSHQWA-15-R-00002__E_WA_and_ID_Statewide_QAs_-_15_Jan.docx | DOCX document | |
| HSHQWA-15-R-00002_Amendment_0002_SF30.pdf | ||
| HSHQWA-15-R-00002_0001_SF30.pdf | ||
| Attachment_3_-_Past_Project_Form.doc | DOC document | |
| Attachment_8_-_Field_Level_Supervision_Exhibit.xls | XLS spreadsheet | |
| Attachment_6_-_Price_Element_Breakdown_-_April_2014.xlsx | XLSX spreadsheet | |
| Attachment_4_-_Past_Performance_Questionaire.doc | DOC document | |
| Attachment_7_-_Award_Approval_Request.doc | DOC document | |
| HSHQWA-15-R-00002_RFP_PKG.pdf |
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ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
2 102
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
HSHQWA-15-R-00002/0003
replacement Page 452 of 487.
The proposal due date of 01/26/2016 remains unchanged. There are NO other changes as a result of this amendment.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
HSHQWA-15-R-00002 Exhbit 13
E.WA/IDAHO POST LIST
Post ID Building Number Building Address
Start Time
End Time
Hours Per Day
Total Days Per Week
Total Hours Per Week
Operating Days
Holidays Included
Relief PSO Required During
Break Post Type Security
Clearance
10-G-200 ID4322
1248 Yellowstone Ave
Pocatello, ID 83201-4374 0845 1615 7.5 5 37.5 M - F No No Patrol & Response
DHS
Suitability
10-G-202 ID4372
623 Wallace Avenue
Coeur D'Alene, ID 83814-2957 0845 1630 7.75 5 38.75 M - F No No Patrol & Response
DHS
Suitability
10-G-203 ID0025
550 West Fort Street Boise, ID 83724-0101 0000 2400 24 7 168 Sun - Sat Yes Yes X-Ray Screening 16
DHS
Suitability
10-G-207 0745 1645 9 5 45 M - F No Yes Patrol & Response
DHS
Suitability
10-G-224 ID4305
1387 S Vinnell Way
Boise, ID 83709-1657 0845 1645 8 5 40 M - F No Yes Patrol & Response
DHS
Suitability
10-G-210 0730 1630 9 5 45 M - F No Yes Non X-Ray Screening 8
DHS
Suitability
10-G-212 ID4270
800 Park Blvd
Boise, ID 83712-7763 0800 1730 9.5 5 47.5 M - F No Yes X-Ray Screening 16
DHS
Suitability
10-G-211 0830 1230 4 4 16 M,T,TH,F No No X-Ray Screening 16
DHS
Suitability
10-G-240 ID4335
1185 S Vinnell Way
Boise, ID 83709-1656 0730 1600 8.5 5 42.5 M - F No Yes X-Ray Screening 16
DHS
Suitability
10-G-213 0000 2400 24 7 168 Sun - Sat Yes Yes X-Ray Screening 16
DHS
Suitability
10-G-214 0600 1800 12 5 60 M - F No Yes X-Ray Screening 16
DHS
Suitability
10-G-271 WA0063
825 Jadwin Avenue
Richland, WA 99352-3589 0600 1800 12
Columbus Day Veterans Day Martin Luther King Day 3 Holidays Yes No X-Ray Screening 16
DHS
Suitability
10-G-215 0830 1630 8 5 40 M - F No No Patrol & Response
DHS
Suitability
0830 1630 8 4 32 M,T,TH,F No Yes Non X-Ray Screening 8
DHS
Suitability
10-G-231
WA7767
801 Fruitvale Blvd Yakima, WA 98902-1467 0845 1330 4.75 1 4.75 W No Yes
Non X-Ray Screening 8
DHS
Suitability
1800 0600 12 5 60 M - F Yes No Patrol & Response
DHS
Suitability 10-G-216
WA0053
25 S 3rd Street
Yakima, WA 98901-2715 0600 0600 24 2 48 Sat - Sun Yes No Patrol & Response
DHS
Suitability
10-G-218 0000 2400 24 7 168 Sun - Sat Yes No Control Center
DHS
Suitability
10-G-220 0600 1200 6 Sat +
Holidays 6 Sat +
Holidays Yes No X-Ray Screening 16
DHS
Suitability
10-G-232 0600 1800 12 5 60 M - F No No Vehicle Screening
DHS
Suitability
10-G-233 1800 2400 6 5 30 M - F No No X-Ray Screening 16
DHS
Suitability
10-G-250 WA0064
920 W Riverside
Yakima, WA 99201-1010 0600 1800 12 5 60 M - F No No X-Ray Screening 16
DHS
Suitability
10-G-219 0830 1630 8 4 32 M,T,TH,F No Yes Non X-Ray Screening 8
DHS
Suitability
0830 1330 5 1 5 W No Yes Non X-Ray Screening 8
DHS
Suitability
10-G-223 0845 1715 8.5 5 42.5 M - F No Yes Non X-Ray Screening 8
DHS
Suitability
0900 1600 7 4 28 M,T,TH,F No Yes Non X-Ray Screening 8
DHS
Suitability
10-G-247
WA7956
714 N Iron Bridge Way Spokane, WA 99201-2354 0900 1300 4 1 4 W No Yes
Non X-Ray Screening 8
DHS
Suitability
10 G 221 WA0064
920 W. Riverside
Spokane, WA 99201-1010 0000 2400 24 7 168 Sun - Sat Yes No X-Ray Screening 16
DHS
Suitability
10-G-222 WA7956
714 N Iron Bridge Way
Spokane, WA 99201-2354 0800 1630 8.5 5 42.5 M - F No Yes Non X-Ray Screening 8
DHS
Suitability
10-G-225 WA7928
8131 W. Klamath Court
Kennewick, WA 99336-5099 0845 1630 7.75 5 38.75 M - F No No Patrol & Response
DHS
Suitability
10-G-226 ID4330
1431 Fillmore Street
Twin Falls, ID 83301-3380 0845 1645 8 5 40 M - F No No Patrol & Response
DHS
Suitability
10-G-227 ID4193
1118 S. Kimball Avenue Caldwell, ID 83605-4624 0845 1630 7.75 5 38.75 M - F No No Patrol & Response
DHS
Suitability
10-G-228 WA0082
301 Yakima Street
Wenatchee, WA 98801-2966 0845 1630 7.75 5 38.75 M - F No No Patrol & Response
DHS
Suitability
10-G-230 ID0027
1617 19Th Avenue
Lewiston, ID 83501-4004 0845 1630 7.75 5 38.75 M - F No No Patrol & Response
DHS
Suitability
10-G-234 ID4315
801 E Sherman Street
Pocatello, ID 83201-5730 1800 0600 12 5 60 M - F No No Patrol & Response
DHS
Suitability
10-G-235 ID4381
6450 Mineral Drive
Coeur D' Alene 83815-9861 1800 0600 12 5 60 M - F No No Patrol & Response
DHS
Suitability
Hours of Initial X-ray Training
Required
Amendment 0003
JJGoss Typewritten Text Replacement Page 197 of 487
JJGoss Typewritten Text
JJGoss Typewritten Text
JJGoss Typewritten Text
HSHQWA-15-R-00002 Exhbit 13
E.WA/IDAHO POST LIST
Post ID Building Number Building Address
Start Time
End Time
Hours Per Day
Total Days Per Week
Total Hours Per Week
Operating Days
Holidays Included
Relief PSO Required During
Break Post Type Security
Clearance
Hours of Initial X-ray Training
Required
10-G-237 WA8031
880 NE Rose Street
College Place, WA 99324-2042 0845 1615 7.5 5 37.5 M - F No No Patrol & Response
DHS
Suitability
10-G-238 ID4278
1150 N Curtis Road
Boise, ID 83706-1234 0715 1645 9.5 5 47.5 M - F No Yes Patrol & Response
DHS
Suitability
10-G-243 0800 1500 7 5 35 M - F No Yes X-Ray Screening 16
DHS
Suitability
10-G-244 WA7847
415 North Third Street
Yakima, WA 98901-2331 0800 1600 8 5 40 M - F No Yes X-Ray Screening 16
DHS
Suitability
10-G-260 ID4377
2196 Channing Way
Idaho Falls, ID 83404-8034 0845 1645 8 5 40 M - F No No Patrol & Response
DHS
Suitability
10-G-264 0000 2400 24 7 168 Sun - Sat Yes No Control Center Top Secret
10-G-265 0000 2400 24 7 168 Sun - Sat Yes No Access Control -
Gate Top Secret
10-G-273 0000 2400 24 7 168 Sun - Sat Yes No Access Control -
Gate Top Secret
10-G-274 0001ID
3975 Pole Line Road Pocatello, ID 83021 0600 1800 12 5 60 M - F No No
Non-X-Ray Screening 8 Top Secret
10-G-710 WA7751
107 S 7th Avenue
Yakima, WA 98902-3385 0830 1700 8.5 5 42.5 M - F No No Patrol & Response
DHS
Suitability
10-G-719 ID4395
275 S 5th Avenue
Pocatello, ID 83201-6400 0830 1700 8.5 5 42.5 M - F No No Patrol & Response
DHS
Suitability
10-G-722 ID4252
1820 E 17Th, STE 290
Idaho Falls, ID 83404-6469 0830 1700 8.5 5 42.5 M - F No No Patrol & Response
DHS
Suitability Temporary Additional Services Various As Needed As Needed No No
Non-X-Ray Screening 8
DHS
Suitability
Amendment 0003
JJGoss Typewritten Text Replacement Page 198 of 487
JJGoss Typewritten Text
JJGoss Typewritten Text
JJGoss Typewritten Text
JJGoss Typewritten Text
201000193.txt
REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR
THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION
By direction of the Secretary of Labor | WAGE AND HOUR DIVISION
| WASHINGTON D.C. 20210
| Wage Determination No.: 2010-0019 Diane C. Koplewski Division of | Revision No.: 3 Director Wage Determinations| Date Of Last Revision: 12/20/2011 States: Idaho, Washington
Area: Idaho Statewide
Washington Statewide Employed on Department of Homeland Security contract for Armed Guard Services.
Collective Bargaining Agreement between INTER-CON SECURITY SYSTEMS, INC.. and the International Union, Security, Police, and Fire Professionals of America, Local #11, effective November 15, 2011 through January 24, 2015.
In accordance with Sections 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).
Amendment 0003
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
INTER-CON SECURITY SYSTEMS, INC.
AND THE
INTERNATIONAL UNION, SECURITY, POLICE, and FIRE
PROFESSIONALS OF AMERICA (SPFPA) and Its
Amalgamated Local No. 11
NOVEMBER 15, 2011 THROUGH JANUARY 31, 2015
TABLE OF CONTENTS
DEFINITIONS
PREAMBLE
Article 1: Purpose .......... .. ......... .... ................ .. ......................................... ....... ......... .... ................................ .. .. .......... S
Article 2: Recognition
Article 3: Discrimination
Article 4: Union Representation
Article 5: Grievances
Article 6: Arbitration Procedure
Article 7: Leaves of Absence, Jury Duty and Bereavement Leave
Article 8: Health and Welfare Benefits
Article 9: Wages
Article 10: Hours of Work and Overtime
Article 11: Overtime, Overtime Equalization & Scheduling of Additional Hours
Article 12: Shift Bid and Vacancies
Article 13: Vacation and Paid Time Off
Article 14: Holidays
Article 15: Uniforms, Equipment, and Uniform Maintenance
Article 16: Seniority
Article 17: Training
Article 18: Licensing Requirements
Article 19: General Provisions
Article 20: Legality
Article 21: Union Security
Article 22: Dues Check off
Article 23: Report of Physical Examination
Article 24: Meal and Rest Periods
Article 25: Continuity of Operations
Article 26: Duration
DEFINITIONS
Agreement- This collective bargaining agreement between Inter-Con Security Systems, Inc. and the Security, Police, Fire Professionals of America (SPFPA) International Union and its SPFPA LocaiS/11/14 detailing the terms and conditions of employment and expectations of each party, one to another.
Agreement Year- A one-year period from February 1 to the following January 31 in each of the years covered by this Agreement.
Business Days- Monday through Friday, excluding holidays.
Call in Pay- Anytime a PSO is required to report to duty when he/she is not scheduled to work.
Collective Bargaining Unit (CBU)- Lead and Protective Security Officers assigned to work sites within the State of Washington/Idaho under Government contract# SHQWA-10-R-00001 and Inter-Con Security Systems, Inc.
Company- Inter-Con Security Systems, Inc.
Contract- Contract# HSHQWA-1 0-R-00001 between Inter-Con Security Systems, Inc. and the Federal Protective Service to provide security operations in the State of Washington/Idaho.
Contract Manager- Non-uniformed, Inter-Con Manager, responsible for the day-to-day operations and administration of the contract.
Contract Supervisor- Non-uniformed, Inter-Con Supervisor, responsible for the day-to-day operations of the contract.
Contract Year- A one-year period from February 1 to the following January 31 in each of the years covered by United States Government Contract# HSHQWA-1 0-R-00001 .
Date of Hire- The first date of earnings from staffing a post on this contract as a PSO for the Company, or as a PSO for any predecessor Employer.
Disciplinary Action- Any action taken against an Employee by the Company, including verbal counseling , written reprimand, suspension, or termination of employment.
Employee -A Protective Security Officer or Lead Protective Security Officer referenced in this Agreement.
Employer- Inter-Con Security Systems, Inc.
Full Time Employee- An Employee, designated in writing by the Company, and normally scheduled thirty-two (32) or more hours per workweek.
Government- Department of Homeland Security and Federal Protective Services
Grievance- An action filed by the Union or an Employee concerning a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Union Employee.
Holidays- Those days specifically designated as such in this Agreement.
Initiation Fee- A prescribed amount of money to be paid by an Employee when applying for membership to the Union.
Lead Protective Security Officer- A non-supervisory position utilized as a designated point of contact at Company specified facilities.
Local- This Collective Bargaining Unit.
Overtime- Wages paid at one and one-half (1.5) times the Employee's regular rate of pay for all hours worked in excess of forty (40) hours in a workweek.
Part Time Employee- An Employee, designated in writing by the Company, and regularly scheduled less than thirty-two (32) hours per workweek.
Party or Parties- The Union and the Employer, collectively.
Probationary Employee- An Employee with one hundred and twenty (120) days or less of employment from the date of hire with Inter-Con Security Systems, Inc.
Protective Security Officer (PSO) -An Employee qualified and trained to perform security services under this Contract.
Regular Hours- All hours worked and paid at the regular rate of pay, up to forty (40) hours per workweek, while staffing an authorized billable post.
Service Fee- A prescribed amount of money to be paid, by Employees that do not join the Union, to the Union on a monthly basis.
Steward -A person appointed by the Union to handle Union matters.
Straight Time Hours- Regular hours worked, paid vacation leave taken, holidays taken, paid personal I sick leave taken, paid jury leave taken, and paid bereavement leave taken. Straight time hours do not include hours paid at overtime rates of pay.
Total Seniority- The priority or precedence achieved by length of service since the Employee's date of hire as a PSO by the Company or any predecessor Employer.
Union- Security, Police, Fire Professionals of America (SPFPA) International Union and its local SPFPA Local# 5/11/14.
Union Dues- A prescribed amount of money paid by Union members to the Union on a monthly basis.
Union Representative- An elected or appointed Officer or Steward of the Union.
Unit Seniority - The priority or precedence achieved by length of service since the Employee's date of hire as a PSO or LPSO by the Company, or any predecessor Employer, within the Collective Bargaining Unit.
Work Day or Work Days- Any day, Sunday through Saturday, including holidays, which an Employee may be required to work.
PREAMBLE
This Agreement is made and entered into by and between Inter-Con Security Systems, Inc. a California corporation, hereinafter referred to as the "Employer" or "Company," and the Security, Police, and Fire Professionals of America (SPFPA) International Union and SPFPA Local Union# 5/11/14, hereinafter referred to as the "Union". The economic changes related to this agreement are effective as of February 1, 2012. The non-economic changes are effective as of July 1, 2011.
Article 1: Purpose
1.1 The purpose of this Agreement is to establish and maintain harmonious collective bargaining relations between the Employer, the Employees and the Union, to provide for the peaceful adjustment of any differences which may arise between them and to set forth the basic agreement between the parties covering rates of pay, wages, benefits, hours of work and other conditions of employment.
1.2 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 the exercise of that right and opportunity are set forth in this Agreement.
Article 2: Recognition
2.1 The Employer recognizes the Union as the exclusive representative of all service employees working in the position of Guard II either as a full-time , regular part-time, or part-time officers or lead protective security officers for the purpose of collective bargaining in respect to rates of pay, wages, benefits, hours of employment and other conditions of employment in the bargaining unit(s), for which the Union is currently certified by the National Labor Relations Board Case# 19-RC-14217 or may be recognized by the Employer in the future. The Local is defined as:
personnel assigned to Spokane, WA, Clarkston, WA, Coeur D'Alene, ID, and Lewiston, ID.
2.2 For purposes of this Agreement the term "officer" shall include and be limited to only those individuals for whom the Union has been certified by the NLRB or who are voluntarily recognized by the employer. Furthermore, the term "service employee" shall include and be limited to only those individuals performing work as defined by the Walsh-Healy Public Contracts Act or the McNamara-O'Hara Services Contract Act.
The term officer shall not include categories of officers expressly excluded by the NLRB bargaining unit definition.
Employer personnel who are not classified as "service employees" and are not represented by the Union shall not perform work traditionally performed by the bargaining unit if such assignment would result in the failure to replace departed unit officers, layoff of an officer or reduction in the work opportunity of a bargaining unit officer in any work week.
2.3 Non-bargaining unit company employee(s) will not perform bargaining unit work except in the case of emergency, training or instruction. A member of the Union will not act as a "Supervisor" as defined as section 2-11 of the National Labor Relations Act.
Article 3: Discrimination
3.1 It is the policy of the Employer and the SPFPA that the provisions of this Agreement be applied to all officers covered by this Agreement without regard to race, color, religion, age, sex, national origin or disability.
3.2 Wherever in this Agreement gender pronoun or the singular or plural form of a gender is used , it is understood that such references are meant to have equal application to all officers covered by this Agreement, male or female.
3.3 This Agreement shall not be a barrier to the Employer offering a reasonable accommodation to any qualified officer or applicant with a disability as defined under the Americans with Disabilities Act of 1990, provided that, in the event the Employer extends such accommodation in any manner that conflicts with the terms of this Agreement, the Union shall be provided advance notice and be given the opportunity to explore other alternative accommodations prior to implementation.
However, in no way will the Union unreasonably delay the process or interfere with the Employer's obligations under the law. The ultimate decision regarding and related to accommodating an Employee is left to the Employer.
Article 4: Union Representation
4.1 The Employer agrees to recognize a Union Steward System. The Union agrees that Stewards will not conduct Union Business while on duty.
4.2. For the purpose of addressing complaints in accordance with Article 5, Grievances, the Union shall be entitled to be represented by one (1) Shift Steward and (1) Alternate Shift Steward on each shift at each location. The Local Union may also designate a Chief Steward who may substitute for the Shift Steward at any step. The Alternate shall function only when the Shift Steward is absent from the facility, or when the Alternate is representing the Shift Steward. No probationary officer may serve as a Shift Steward , Chief Steward or Alternate. The Union is responsible for notifying the Employer in writing as to the individuals officially designated to act as Shift Stewards or Chief Stewards or Alternate Stewards. An officer shall not be permitted to engage in Shift Steward or Chief Steward duties until such notification is received . No officer shall serve as Shift Steward, Chief Steward or Alternate while on lay off or while on leave of absence other than Union leave of absence.
4.3. Any Shift Steward having an individual grievance in connection with his own work may ask for the Alternate or the Chief Steward to represent him in accordance with the provisions of this Article 4.
4.4. The Shift Steward , Chief Steward or Local President shall notify the Contract Manager whenever they enter, or remain in, the facility for the purpose of handling an individual grievance or complaint at any time other than during their regular shift.
4 .5. The affected officer may request the presence of a Shift Steward at any disciplinary meeting . If requested , the Employer will allow the Employee to contact the Union representative . If no representative is available within thirty (30) minutes, the officer will be provided a witness of his or her choice. Management shall suspend further discussion with such officer until arrangements can be made for Union representative or witness participation. This shall be accomplished within 2 business days.
Article 5: Grievances
5.1 For purposes of this Agreement, a "grievance" will mean a claimed violation, misinterpretation, or misapplication of the material provisions of this Agreement, or the challenge of any disciplinary action taken against a Union Employee. However, in instances where the Employee is removed from working under the Contract or the Employee is not qualified to work in his/her position due to his/her actions, the Employee may be terminated without recourse to the grievance and arbitration procedures. This will not apply to instances in which the Employer failed to submit for an Employee's license in a timely manner. Additionally, the Employer will make available, if requested by the Union, any directive from the Government for the removal of an Employee from the contract. If the This provision is not intended to limit or prohibit the rights of any Party to seek relief from third Parties. The Parties agree, however, that Employees are encouraged to raise issues through the grievance process first.
5.2 General Provisions
The number of days outlined in Section 5.3 for the processing and presentation of grievances will establish the maximum number of days allowed for each step. When used in this Article, the term "days" will mean Business Days, not including Saturdays, Sundays, and holidays. If the Company fails to respond to a grievance within the time period allotted for a specific step in Section 5.3, the grievance will be deemed denied at that step and the Employee or Union may proceed to the next step. If the Union or the aggrieved Employee fail to comply with the time limits set forth in this Article, the grievance will be deemed withdrawn. The Parties by mutual written agreement may agree to extend any of the time limitations.
5.3 Grievance Procedure
All grievances will be presented and processed according to the following procedures. A grievance must specifically identify the provision(s) of the Agreement claimed to be violated and the specific facts supporting the allegation. The grievance and any subsequent proceeding will be limited to the identified violations and provisions.
A. Informal Step
Both the Company and Union agree that the aggrieved Employee will first discuss and document in writing the grievance with his/her immediate Supervisor (not in the Bargaining Unit), within ten (1 0) days of the incident or action being grieved, to start the informal procedure under this Section.
If the informal procedures are not invoked in ten (1 0) days of Employee's knowledge of a grievable issue, then it is agreed by both the Union and Company that no further action can be taken.
B. Step One
If the matter is not resolved at the informal step, a Union representative will, not later than ten (1 0) days after the informal discussion with the immediate Supervisor, set forth the facts in writing on an agreed form, specifying the specific Article(s) and Section(s) allegedly violated supported by facts. This form will be signed by the aggrieved Employee or an Union representative, and will be submitted to the Contract Manager or his/her designee. The Contract Manager or designee will have ten (1 0) days from the date the grievance was received to return a decision in writing with a copy to the Union representative. If the Contract Manager or designee denies the grievance or does not respond within ten (1 0) days, the Union must timely advance the grievance to the next step (Step Two) .
C. Step Two
If the grievance is not settled at Step One, the grievance may be appealed in writing to the Company's Vice-President of Operations or his/her designee not later than ten (1 0) days from the denial by the Contract Manager or designee or the expiration of the ten (1 0) days response period .
The Vice-President or designee will have ten (1 0) days from the date the grievance was received to return a decision in writing with a copy to the Union representative . If the Company's Vice-President or designee denies the grievance or does not respond within ten (1 0) days, the Union must timely advance the grievance to the next step (Step Three).
D. Step Three
If the grievance is not settled at Step Two, the grievance may be appealed in writing to the Company's Labor Counsel or his/her designee not later than ten (1 0) days from the denial by the Contract Manager or designee or the expiration of the ten (1 0) days response period. The Labor Counsel or designee will have ten (1 0) days from the date the grievance was received to return a decision in writing with a copy to the Union representative. If the Company's Labor Counsel or designee denies the grievance or does not respond within then (1 0) days, the Union must timely advance the grievance to the next step (arbitration).
5.4 Grievance for Discharge
Any grievance involving discharge may be commenced at Step Two of this written procedure.
The written grievance will be presented to the Company's Vice President or designee within ten (1 0) days after the date of discharge.
5.5 Group Grievance
The Union will have the right to file a group grievance involving more than one (1) Employee at Step One of the grievance procedure.
5.6 Individual Grievances
No individual may move a grievance to arbitration.
5.7 Bilateral Rights
Grievances may be raised by either the Union or Company. The Company is required to address a grievance directly with the Union's designated representative one time before advancing an unresolved grievance to arbitration under Article 6.
5.8 Deferred Cases
If the NLRB defers an unfair labor practice charge to the grievance and arbitration procedure, the Parties will attempt to resolve the matter within thirty (30) days through the invocation of the procedures of Section 5.3 beginning with Step Two of the grievance procedure. If the matter is not resolved within that time period, the Union may then invoke the arbitration procedures of Article 6.
5.9 Resolution of Grievances
At any stage, the Company and Union may agree to settle a grievance. The resolution must be made on a non-admission, non-precedent setting basis.
Article 6: Arbitration Procedure
Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed by arbitration by the Union. The Union will give the Company's Labor Counsel written notice of its desire to proceed to arbitration not later than fifteen (15) days after rejection of the grievance at Step Three or expiration of the response period . Grievances which have been processed in accordance with the requirements of Article 5, which remain unsettled, will be processed in accordance with the following procedures and limitations:
6.1 Selection of an Arbitrator
Within fifteen (15) days after providing written notice of the Union's demand for arbitration, the Union will contact the Federal Mediation & Reconciliation Services(FMCS) to supply a list of seven
(7) qualified arbitrators. The Parties will, within fifteen (15) day after receipt of the list, meet in person or telephonically and jointly attempt to agree upon the selection of a neutral arbitrator by the method of alternate striking of names. The first to strike will be the winner of a coin toss. If the Company and Union do not strike an Arbitrator panel within the agreed upon fifteen (15) days, then the Company or Union may notify FMCS of its preferred selections, with a copy to the other Party. The other Party has fourteen (14) days in which to submit its selection. If that Party fails to respond by the deadline, the first Party's choice will be honored.
6.2 Arbitrator's Decision
The arbitrator will commence the hearing at the earliest possible available date for all Parties.
The arbitrator's decision will be final and binding upon the Parties to the Agreement. Any decision will be complied with, without undue delay after the decision is rendered. It is understood and agreed that the arbitrator will have no power to add, subtract, or modify any of the terms of this Agreement.
6.3 Arbitration Expense
The arbitrator's fees and expenses, including any of the arbitrator's travel expenses and cost of a hearing room, will be borne by the non-prevailing Party.
6.4 Parties' Expenses
Regardless of the arbitrator's decision, each Party will bear its own legal fees and costs. Each Party is responsible for all other expenses it incurs, including compensation costs and travel expenses for its witnesses. Any other expenses, including transcript costs, will be borne by the Party incurring such expenses.
Article 7: Leaves of Absence, Jury Duty and Bereavement Leave
7.1 Family Medical Leave: The Employer and the Union acknowledge that the provisions of the Family Medical Leave Act of 1993 apply to the officers working under this Agreement. The Employer will comply with the provisions of the Family and Medical Leave Act (FMLA). Officers may be entitled to a leave of absence based upon meeting certain eligibility requirements and with proper submission of documented evidence of specific circumstances. Officers should contact the Employer's Office for further information. The Employer and the Union commit to meet to resolve potential conflicts between the Family Medical Leave Act and this Agreement. However, in no way will the Union unreasonably delay the process or interfere with the Employer's obligations under the law. The ultimate decision regarding and related to FMLA is left to the Employer.
7.2. Americans with Disabilities Act: The Employer and the Union acknowledge that the provisions of the Americans with Disabilities Act of 1990 apply to the officers working under this Agreement.
The Employer and the Union commit to meet to resolve potential conflicts between the American with Disabilities Act of 1990 and the Agreement as described herein as 4.3. However, in no way will the Union unreasonably delay the process or interfere with the Employer's obligations under the law. The ultimate decision regarding and related to accommodating and Employee is left to the Employer.
7.3 Union Leave: The Employer agrees that Union business shall also comprise just cause for a Personal leave, provided that no more than two officers in any Bargaining Unit at one time. Such leave shall not exceed ten (1 0) work days in any agreement year.
7.4. All leaves with the exception of Bereavement Leave and Jury Leave shall be without pay.
7.5. The parties agree that acceptance of other employment during a leave of absence, without the express consent of management; will be regarded as a voluntary quit.
7.6. Jury Duty: The Company will comply with Federal, State, and local law requirements and allow personnel off duty to fulfill jury duty requirements. If an employee experiences any lost wages from time lost from work as a result of jury duty, the Company will reimburse the employee the difference in wages from the what is paid by the State for a maximum of 5 days in any agreement year. Employees are required to notify the Company that they have been summoned for jury duty after receipt of the jury duty summons and will notify the Company that they have been excused or released from Jury Duty.
(a) If requested, officers will not be required/scheduled to work the midnight shifts the evening before their Jury Duty begins.
(b) Officers will be required to provide copies of their Jury Duty notification by the first shift following receipt of their notice of obligation in order to be eligible to be removed from schedule.
(c) Officers will be required to provide proof of Jury Service to be eligible for reimbursement for the difference in wages from what is paid by the State for a maximum of 5 days in any agreement year.
7.7. Bereavement Leave: Officers will be granted Bereavement Leave for a maximum of three (3) days, for instate funerals and five (5) days for out of state funerals, if work time is lost to attend the funeral of a member of the immediate family. The Bereavement Leave can extend up to one day following the day of the funeral but in no event shall exceed three (3) days for instate or five (5) days for out of state funerals. The total maximum amount of paid Bereavement Leave in any Agreement year will be two occurrences. The officer will be paid his straight time hourly earnings for the scheduled work days missed . The term "immediate family" shall mean grandmother, grandfather, mother, father, stepparents, mother and father-in law, spouse, son, daughter, stepchildren, sister or brother, domestic partners, and any unborn child 27 weeks or more. Time paid for such leave shall not be counted as time worked .
7 .8. On the Job Injury: Should an officer be injured while performing their regular duties, whether or not the officer feels like they have been significantly injured or not, they will contact their immediate supervisor to report the incident. The supervisor will then make arrangements for the officer to be replaced at their job site so the officer can go to the Emergency Room or Urgent Care or Designated Facility, if warranted. At the Emergency Room or Urgent Care or Designated Facility the officer is to state to the medical personnel that the injury occurred on the job so that Worker's Compensation or LNI paperwork will already be in the process of being filed should the injury be found to be more serious than originally thought. Following the exam the officer will take the copy of their paperwork received from the medical staff and give it to their immediate supervisor.
(a) Officers who are injured on the job and sent out for medical treatment will be paid up to the end of their current shift or if beyond their shift, until released from being evaluated at the time of the event, if the employee is not admitted to the hospital. If the employee is admitted to the hospital, the employee will be paid until the end of their current shift.
When the injury is a result of the officer's negligence to rules and/or regulations , they will not be paid .
Article 8: Health and Welfare Benefits
8.1. Effective March 1, 2011 for the States of Washington and Idaho (excluding members of Local 5 and Local14) the Company will pay to each employee $4.10 per hour worked including regular productive , authorized Personal/Sick Leave taken , holiday and training, health and welfare pay for the purpose of purchasing medical related insurance, up to a maximum of 2,080 hours per year.
In the following years H&W will be paid at the below rates on the effective dates indicated :
The current Health and Welfare rate through January 31,2012 is $4.10 per hour including regular productive hours worked, authorized PTO taken, holiday and training , and health and welfare pay for the purpose of purchasing medical related insurance, in accordance with 29 CFR 4.117- Discharging fringe benefit obligations by equivalent means. It is the Officer's choice to accept the Company Medical Plan or decline it. Whereas Health and Welfare will be paid out hourly.
As of February 1, 2012, the Company will pay Health and Welfare benefits in the amount of $4.00 per regular hours worked up to 2080 hours per year.
As of February 1, 2013, the Company will provide the Health and Welfare amounts in a health insurance benefit for all regular hours worked . The plan will be discussed and explained further prior to the February 1, 2013 implementation.
Health and Welfare Location Effective Effective Effective Effective
03/01/2011 02/01/2012 02/01/2013 02/01/2014 Local11 $4.10 $4.00 $4.00 $4.00
Article 9: Wages
Wages will be paid in accordance with the below table.
Location Effective Date
Position I 0310112011 I 0210112012 I 02/0112013 I o210112o14 Local 11 PSO I $20.50 I $21.55 I $22 .35 I $23.13
Personnel assigned to Lead Protective Security Officer posts, designated by the Company, will receive an additional $0.25 per hour worked at the Lead Protective Security Officer post.
Article 10: Hours of Work and Overtime
10.1 Workweek: The normal workweek shall consist of consecutive work days with consecutive days off during the calendar week, starting at 0000 hours Sunday and ending on 2400 hours the following Saturday.
10.2 Overtime: Unless otherwise required by state law, overtime premiums shall be earned on a weekly basis. All work performed in excess of forty (40) hours in any workweek shall be considered overtime and shall be paid at the rate of time and one-half the officer's regular rate of pay.
10.3 Call-In Pay: An Employee called in to work will be guaranteed a minimum of four (4) hours of work, or if the Company deems four (4) hours of work is not available, the employee will be paid for a minimum of four (4) hours time. If prior to the completion of the four (4) hours, an employee elects to depart, he/she will only be compensated for the actual time he/she worked. Call in is defined as anytime a PSO is required to report to duty when he/she is not scheduled to work
10.4 Payroll Dates: Employees shall be paid biweekly (every other Friday or previous non-holiday business day) , subject to change by mutual agreement of the parties. The Company will make its best effort to make direct deposit available and to list available sick/personal leave and vacation on each Employee's paycheck. Uncontrollable acts, natural or manmade, will relieve the Company of this requirement. During such situations, the Company will make every effort to pay the Employees at the earliest possible time .
10.5 Process at End of Employment: When employment ends for any reason, the Employee's final pay entitlements, including hours worked , will be processed and paid on the next full pay period following the Employee's out-processing .
10.6 Travel Expenses: The Company will provide advance payments for Company authorized and approved travel expenses if requested by an Employee with sufficient notice. Any workday that includes travel and totals over fifteen (15) hours may require the Employee to stay overnight, and the appropriate Governmental per diem will be paid. All hours in travel will be counted as work hours, with the appropriate overtime wages provided for under this Agreement. Employees will be reimbursed for all authorized expenditures of any authorized travel during the first full pay period from the day the Employer receives the properly completed travel voucher and all required receipts.
Employees will be reimbursed mileage rates, in accordance with appropriate Government Mileage reimbursements for any travel as published by the IRS, including to training sites, which is more than 75 miles, one-way, from the employee's normally assigned work site. Unless the employee volunteers to work at the different work site.
10.7 Minimum Hours Between Scheduled Shifts: Every Employee shall receive a minimum of eight (8) hours off duty between scheduled work shifts. Compliance with this section is not required in the event of an emergency, or if the Employee chooses to work by coming in early or staying after his I her scheduled shift.
10.8 Work Day and/or Shift Change: PSOs will be granted mutual work day and/or shift changes with another PSO that meet the requirements of the post provided that it does not incur overtime or disrupt the continuity of scheduling . When such a work day and/or shift change is made, the employee must inform the supervisor 3 days prior to the change and it must be approved, in writing, in advance.
Article 11: Overtime, Overtime Equalization & Scheduling of Additional Hours
11.1 Scheduling of Overtime: All overtime will be scheduled as soon as possible provided that the Employer has advanced notice . Notice for weekend overtime will be provided by completion of the first shift on Thursday provided the Employer has advance notice.
(a) Officers will be provided with a minimum of eight (8) hours between assigned shifts.
(b) In the event that more than one officer has the same number of overtime hours, the officer with the highest unit seniority will be asked first and forced last.
(c) Officers at each unit accepting or required to work overtime will assume the duties of each officer being replaced provided they can perform the available work. Duty assignments may be exchanged by officers with Management's approval in writing .
(d) On the shift immediately prior to vacation leave, officers scheduled for vacation will be the last forced to work overtime unless the officer agrees to stay over.
Article 12: Shift Bid and Vacancies
12.1 Shift Bidding
When an opening exists (e.g.: new post, vacant post), the Employer will use the following system to fill the opening.
12.2 New Post
When a new post is opened the Employer will fill the post by notifying all employees of the new opening and allowing seven (7) days for interested individuals working a bided post to respond .
The new post will then be awarded to the most senior individual submitting a bid.
12.3 Open Post/ Vacant Post
A list will be maintained by the company compiled of employee requests for openings. The Company shall award open/vacant post to the employee having a request on file for a post.
When a post becomes open by any type of vacancy, the Employer within seven (7) days will contact the most senior officer and allow them to accept the opening first. If the most senior officer on the list declines the opening then the next most senior officer on the list will be offered the opening and so on. All openings created by this movement will be filled by continuing to use this process.
12.4 Part Time Officers
Part time officers will be allowed by seniority to bid any of the above openings if the Bidding Full time Officer has had the opportunity and declined .
12.5 Unfilled Post
Any post that remains unfilled after the above process has been followed may be filled by the Employer.
12.6 Post or Shift Elimination
The elimination of a bided post or shift position will result in bidding for shifts for all positions held by officers junior in seniority to that of the officer holding the eliminated position.
12.7 Officer Manned Posts
Any Employee certified through, and qualified to work for, government contracted post(s) shall be able and required to work any and all such government posts by contract. An exception to this article would be the Company receiving notice from the Government denying access to a bargaining unit employee from working a specific government contracted post(s). In the event of such occurrence, the affected bargaining unit employee would be placed in the remaining vacant post(s) after all other post(s) have been filled by bid .
Article 13: Vacation and Paid Time Off
13.1 General Provisions
From June 1, 2011 through January 31, 2012, the Paid Time Off Articles of the predecessor CBA shall be adhered to by both parties. Effective February 1, 2012, the following Article provisions shall be followed:
Employees shall be entitled to annual vacation pay. Vacation entitlements are determined by an Employee's date of hire and continuous service, notwithstanding breaks in Union Seniority on the contract between the Government and Inter-Con Security Systems, Inc., to provide security for designated facilities. Eligible Employees shall be entitled to vacation per the schedule listed below, based on their individual hourly rate, based on the number of straight time hours paid, during the previous year preceding the Employee's anniversary date. Vacation entitlement will be awarded on the employee's anniversary date. The date of hire and continuous service are inclusive of previous employers providing this service.
For implementation purposes, Employee vacation calculations shall continue to follow the predecessor CBA calculation provisions until January 31, 2012. As of February 1, 2012, Employee vacation calculations shall follow the provisions outlined in Section 13.1 of this CBA.
(Example: Employee's anniversary date is November 1. Employee vacation calculation will be the maximum benefit from November 1, 2010 to January 31, 2012. From February 1, 2012 to October 31, 2012 the employee vacation calculation will follow the appropriate length of service formula below.)
The Company agrees to provide the employee with a statement, illustrating the employee's date of hire, calculation rate, and calculation balance as of February 1, 2012 by the end of the first full pay period of February of 2012.
Vacation entitlements are stated below:
Employees employed for 1 year by the Company and all predecessor Companies shall earn paid vacation entitlements at the rate of 0.038461539 for all straight time hours paid at the regular rate of pay and overtime hours up to a maximum of 2080 hours. Maximum earned vacation entitlement is 80 hours per year.
Employees employed for 5 years by the Company and all predecessor Companies shall begin earning paid vacation entitlements at the rate of 0.057692308 for all straight time hours paid at the regular rate of pay and overtime hours up to a maximum of 2080 hours.
Maximum earned vacation entitlement is 120 hours per year.
Employees employed for 10 years by the Company and all predecessor Companies shall begin earning paid vacation entitlements at the rate of 0.07692307 for all straight time hours paid at the regular rate of pay and overtime hours up to a maximum of 2080 hours.
Maximum earned vacation entitlement is 160 hours per year.
Employees employed for 15 years by the Company and all predecessor Companies shall begin earning paid vacation entitlements at the rate of 0.096153847 for all straight time hours paid at the regular rate of pay and overtime hours up to a maximum of 2080 hours.
Maximum earned vacation entitlement is 200 hours per year.
13.2 PAYMENT OPTION
Vacation leave shall be paid by the Company in accordance with its normally scheduled payroll dates.
13.3 UNUSED VACATION LEAVE TIME
Vacations shall not be cumulative from one year to the next. Any earned but unused vacation time remaining at the end of a year of service (based on the Employee's anniversary date of hire) shall be paid to the Employee, on the first full pay period following the anniversary date.
13.4 TERMINATING EMPLOYEES
Upon termination of employment, Employees will be paid, on the next full pay period, at their individual hourly rate vacation time earned and awarded, but not used, as of their last anniversary date.
13.5 VACATION- LAID OFF EMPLOYEES
Length of service with the Employer shall accrue for the purposes of vacation benefits while an Employee is on laid off status for up to ninety (90) days. Employees will only be paid vacation benefits when they are working.
13.6 VACATION INCREMENTS
Consistent with Employer approval, Employees may take their vacation in no less than their normal shift or eight (8) hour segments.
13.7 SCHEDULING VACATIONS
A. On January 15 of each year, officers will submit their requests for vacation for the next 12 months in one week increments. These submittals will be awarded by seniority. Officers that do not submit their vacation requests in January or wish to submit additional requests will be allowed to submit their request during the year for one or more weeks at a time.
These requests will be awarded on a first come first serve basis. Officers who desire vacation increments of one shift will be allowed to submit requests with five (5) business day notice, and will be approved subject to availability.
B. Bereavement Leave is a separate issue.
C. Employees will not be required to find a replacement to cover approved vacation requests.
D. Employees shall receive their vacation approval in writing within 15 days of submitting the request.
13.8 PAY IN LIEU OF VACATION
Employees are not permitted to request pay in lieu of vacation except as outlined in Section 13.3 Unused Vacation above.
13.9 PERSONAL/SICK LEAVE (Effective February 1, 2012)
A. Each full-time Employee shall be eligible to use a maximum of five (5) days personal leave at the beginning of each 12-month Government contract year worked. Employees who begin employment after the inception of the contract year will be eligible to use a prorated amount of personal leave, based on the Personal/Sick Leave Table below.
Personal/Sick Leave Table
START Rate of Personal/Sick Leave Eligible to Use
Date Employee ends working on the contract, based on a Full-Time Part-Time February 1 contract start date.
February 1-28(29) 40 hours 20 hours March 1-31 36 hours 18 hours April1-30 33 hours 16 hours May 1-31 30 hours 15 hours June 1-30 26 hours 13 hours July 1-31 23 hours 11 hours AUQUSt 1-31 20 hours 10 hours
September 1-30 16 hours 8 hours October 1-31 12 hours 6 hours November 1-30 10 hours 4 hours December 1-31 6 hours 3 hours January 1-31 4 hours 2 hours
B. Personal leave may be taken in four (4) hour increments and shall be pa id in the pay period when the personal/ sick leave was taken , when taken by the employee as approved by the Contract Supervisor or designee.
C. Part time Employees will receive one-half the full time personal leave per full contract year worked.
At the end of the contract year, any part timed position Employee who was paid more than half the full-time hours (1 040 hours) will receive additional prorated personal leave based on the number of hours the Employee was paid during that contract year. This additional paid leave will be paid to the Employee at the end of the contract year. The payment will be made during the first full pay period after the end of the contract year.
D. Unused personal days shall not be cumulative from year to year. Any unused, earned personal leave will be paid to the Employee at the end of the contract year. The payment will be made during the first full pay period after the end of the contract year.
E. Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave, based upon the number of hours the Employee was paid during that contract year. If the Employee has used more personal leave than he/she earned based upon time paid on the contract, the Employee agrees to allow the Employer to deduct the amount of the overage from the Employee's final paycheck.
Repayment of Used but Unearned Personal/Sick Leave upon End of Employment
End of Employment Rate of Personal/Sick Leave to be Repaid
Date Employee ends working on the contract, based on a Full-Time Shared Position February 1 contract start date .
February 1-28(29) 40 hours 20 hours March 1-31 36 hours 18 hours April1-30 33…
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