Wage Det 2011-0072 Rev 1.pdf

WD f o r CBA-SEIU Local 1-2011-0072.txt

REGISTER OF WAGE DETERMINATIONS UNDER 1 U .S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT I EMPLOYMENT STANDARDS ADMINISTRATION

~y d i r e c t i o n o f t he secre tary o f ~ a b o r I WAGE AND HOUR D I V I S I O N

1 WASHINGTON D.C. 20210

I I I 1 wage Determinat ion No.: 2011-0072

Diane C. ~ o p l e w s k i ~ i v i s i o n o f I Revi s i on NO. : 1 D i r e c t o r wage Determinat ionsl Date o f Last ~ e v i s i o n : 05/12/2011

I State: I l l i n o i s

Area: I l l i n o i s County o f Cook

Empl oyed on DHS con t rac t f o r opera t ions & f a c i 1 i t i es serv ices:

C o l l e c t i v e Bargain ing Agreement between secu r i t as Secu r i t y Services USA, I n c . and serv ice ~ m p 1 oyees I n t e r n a t i o n a l union, Local 1, e f f e c t i v e January 1, 2011 through December 3 1 , 2013.

I n accordance w i t h sec t ions 2(a) and 4(c) o f t he Serv ice Contract ~ c t , as amended, em loyees employed by the cont rac tor (s ) i n per forming serv ices covered by the 7 co l e c t i v e Bargain ing Agreement(s) a re t o be pa id wage ra tes and f r i n g e b e n e f i t s se t f o r t h i n t h e cu r ren t c o l l e c t i v e barga in ing agreement and modi f ied extension agreement (s) .

Suburban Chicago

Security Agreement Between

Securitas Security Services USA, Inc And

Service Employees International Union, Local 1

Effective

January I , 201 I

Through

DECEMBER 31,2013

Artlcle I

Article II

Artlcle Ill

Article IV

Article V

Article VI

Article VII

Article Vlll

Article IX

Article X

Article XI

Article Xil

Article Xlll

Article XIV

Article XV

Article XVI

Article XVll

Article XVlll

Article XIX

Article XX

Article XXI

Article XXll

Article XXlll

AGREEMENT

TABLE OF CONTENTS

PAGE NUMBERS

Agreement I

Witnesseth 1

Recognition and Union Securlty 1,2,3

Deductions 3, 4

Management Rights 4,s

Vacations 5,6

Leaves of Absence 6 , 7

General Provisions 7, 8, 9,10,11,12

Holldays 12, '13

Health Funds 14, 15, 16, 17, 18

Pension 18,19,20

Health & Welfare & Pension, 20

Delinquencies

Unlon Vlsltatlon and Inspection 2 1

Grievance and Arbitration Procedure 21, 22,23, 24

Seniority 24,25

Representation 26

Wages 27,28, 29

Strike, Lockouts, Picketing 29,30

Waiver 30

No Discrimination 3 1

Funerai Pay 3 1

Hours of Work 31,32

Subcontracting 32

Equallty 33

Duration and Reopening 33

34 Appendix A

Local 25 Funds Collection Policy 35,36, 37, 38

AGREEMENT

This Agreement Is made and entered into this day of Y and between the Service Employees International Union, Local 1, (hereinafter referred to as t e "Union") and

Securitas Security Services USA, Inc. (hereinafter referred to individually as the "Employer") and its successors, or assigns.

WITNESSETH

That for the purpose of setting forth the collective bargaining relationship and the rates of pay, hours of work, and other terms and conditions of employment binding upon each Employer and the Union, the parties hereto contract and agree with each other as follows:

ARTICLE I

RECOGNI'TION AND UNION SECURITY

Section 1. The Employer recognizes the Union as the sole and exclusive bargaining representative for all full-time and regular part-time security officers including working sergeants, working lieutenants, working captains, working dispatchers and supervisory personnel who are permanently assigned to a customer's premises excluding supervisors who have the authority, in the interest of the Employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend such action , if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment and who do not man a full-time post or work a regular detail of

(12) hours or more per week (except in emergency situations) and also excluding security employees in any commercial office building currently covered under the Local 1 Downtown

Security Agreement bounded by Roosevelt Road, North Avenue, Racine Avenue, and Lake

Michigan but specifically including herein work separately contracted by a tenant.

A Security Officer is defined as an employee who is required by the State of Illinois to possess a Permanent Employee Registration Card (or Indiana equivalent) excluding office personnel, managers, messengers, and non-billable personnel.

The Employer agrees that upon being awarded any account currently serviced under a

Local 1 Residential/Doorman Agreement, the Employer will continue to honor the standards of the Local 1 ResidentialIDoorrnan Agreement for those personnel who are retained using normal hiring practices.

The term "regular part-time employee" shall mean one who works twelve (1 2) or more hours per week, but less than thirty-two (32) hours per week. Benefits provided under "Sick

Days" and "Holidays" shall be prorated in the case of a regular part-time employee, based on the relationship which such employee's regular weekly schedule bears to forty (40) hours. In the case of other benefits, the provisions governing these benefits shall control.

Section 2. The jurisdictional area covered by this Agreement is defined according to Amendix 4, which is incorporated herein and made a part of this Agreement.

Section 3. The term "sites" as used herein shall include public, private, commercial, residential, office, retail, and industrial facilities, buildings, developments, and factories of all types and any other job site where employees covered by this Agreement could be stationed within the geographical boundaries of Anpendix A.

Section 4. On or after the thirty-first (31") day following the beginning of employment, or the effective date of this Agreement, or the execution date of this Agreement, whichever is later, every employee subject to the terms of this Agreement shall, as a condition of employment, become and remain a member of the union paying periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership or, if the employee objects to the payment of that fee, such employee shall as a condition of employment pay that portion of the fee related to representation costs.

Section 5. The Employer agrees to supply and maintain a bulletin board for the use of the Union. The Union shall submit all material to be placed on the bulletin board to the

Employer for prior approval. This approval shall be granted forthwith and shall not be denied unless the material is of a political or controversial nature or reflects adversely upon the

Employer.

Section 6, If a specific location is covered by area standards-wages and benefits- established by the State or the Federal Department of Labor, those terms and conditions if greater than this Agreement, shall supersede those outlined in this Agreement.

ARTICLE II

DEDUCTIONS

Section 1. The Employer agrees to deduct in the first pay period of each month, from the pay of every employee who has executed and caused to be delivered to the Employer a written assignment, the regular monthly dues and the initiation fee and COPE contributions of the Union, if due and owing, in accordance with the Constitution and Bylaws of the Union as certified to the Employer by the Union. Where the employee, who is on check off, has insufficient earnings during the first pay period of the month, the deductions shall be made by the

Employer from the next wage payment in accordance with billings furnished by the Union. 'The

Employer will submit a remittance report which llsts the employee's names with the payment.

Section 2. The Union agrees to indemnify and save the Employer harmless from any liability incurred by reason of such deductions.

siXakX& The Employer shall discharge an employee for non-payment of Union initiation fees or dues within ten (10) days after the Employer's receipt of written notice from the

Union that such employee is not in good standing. Said notice shall state that the employee has previously been given fifteen (1 5) days' written notice: (a) of the delinquency, (b) of the amount and method of computation thereof, (c) that the employee is not in good standing with respect to the payment of the Union initiation fees or dues, and (d) that discharge will result at the end of said fifteen (1 5) day period unless all arrears are paid.

The Union will indemnify, defend and hold the Employer harmless against all liability, damages, claims and costs, judgments and attorney fees and expenses, by reason of the

Employer's compliance with this Section. The Union reserves the right, at its option and its own expense, to appear and defend all such claims whenever suit is brought against the Employer.

Employee protests of discharge for alleged non-payment of initiation fees or dues will not be subject to the grievance procedure or arbitration.

ARTICLE Ill

MANAGEMENT RIGHTS

Section 1. Subject to the provisions of this Agreement, the Employer shall have the exclusive right to manage and direct the work-force covered by this Agreement. Among the exclusive rights of management, but not intended as a wholly inclusive llst of them are: the right to plan, direct, and control all operations performed at the various locations serviced by the

Employer; to direct the working force; to schedule the workforce and to temporarily or permanently modify the schedules to meet the customer's or Employer's needs, to transfer, change work locations, hlre, and promote; to discipline, suspend or discharge for proper cause;

to relieve employees from duty because of lack of work or for any other legitimate reason; to cease acting as contractor at any location or cease performing certain functions at any locations, even though employees at the location may be terminated or relieved from duty as a result; to make and enforce reasonable rules and regulations; to introduce new equipment or methods, even though employees at the location may be relieved from duty as a result. In no case will this

Article be used for the purpose of discriminating against any employee, nor shall it be used in any manner inconsistent with any of the provisions of this Agreement.

Section 2. The Union recognizes that the Employer provides a service which is important to the customer and that thls Agreement should be interpreted so as to give primary consideration to the customer's needs and preferences, provided that the foregoing will not be construed to abrogate any rights under this Agreement. If a customer demands that the

Employer remove an employee from further employment at a location, the Employer shall have the right to comply with such demand. Written notice of the employee's misconduct from the customer shall be considered for Employer disciplinary purposes. However, unless the Employer has proper cause to discharge the employee, the Employer will attempt to place the employee in a job with similar pay and benefit rates at another location where it provides services and which is covered by this Agreement, provided the employee has the knowledge, training, ability, skill, and efficiency to satisfactorily perform the work and no other employee has a superior claim to the job under this Agreement.

Section 3. All rights not otherwise covered under this Agreement remain management rights.

ARTICLE IV

VACATIONS

Section I. Employees who have been in the employment of the same employer for one (1) or more years shall receive, on the anniversary date of their employment, paid vacations based upon their base hourly rate of pay on their anniversary date and based upon the following service schedule:

(a) All employees who have been employed by the Employer one (1) year or more shall be granted forty (40) hours vacation with pay.

(b) All employees who have been employed by the Employer five (5) years or more shall be granted eighty (80) hours vacation with pay.

(c) All employees who have been employed by the Employer eight (8) years or more shall be granted one hundred twenty (1 20) hours vacation with pay.

(d) All employees who have been employed by the Employer twelve (12) years or more shall be granted one hundred sixty (160) hours vacation with pay.

Section 2. Employees who work less than eighteen hundred (1800) hours during their anniversary year shall receive vacation in accordance with the schedule shown in Section f of this Article prorated upon the ratio that their actual hours worked during the anniversary year bears to eighteen hundred (1800) hours.

Section 3. Employees shall submit, for approval, their requests for vacation, in writing, at least thirty (30) days prior to the commencement of their requested vacation. The

Employer shall have the right to determine the vacation dates.

The Employer shall respond, in writing, to all written vacation requests not less than ten

(1 0) working days prior to requested commencement date.

Section 4. The principle of seniority shall be recognized insofar as practicable in assigning vacation dates to employees.

Section 5. An employee who has been in the service of an Employer for more than one (1) year and whose employment is terminated shall receive a pro-rated vacation upon histher resignation or termination for any cause other than proven theft or admitted criminal acts committed while on duty, abandonment of post, or acts or omissions which lead to serious damage to client property.

This shall take into account the employee's accrued vacation, if any, and the period worked since the first anniversary date of employment compared with the vacation to which the employee would be entitled if the employee worked the entire year.

Section 6, Provided the employee has complied with the Employer's policies relating to vacation scheduling, and requests a vacation pay check at that time, vacation checks shall be paid to the employee no later than the last scheduled day of work before the beginning of the employees scheduled vacation, or the last regular payroll date, at the option of the

Employer.

ARTICLE V

LEAVESOFABSENCE

Section 1. A leave of absence for a good and sufficient cause such as Union activity, sickness or injury, maternity, and/or jury duty (see Article V1 Section 26) may be granted in the Employer's discretion for a period of up to nlnety (90) days upon receipt of a written request from the employee. Any such leave shall be without pay and benefits. The employee may continue coverage under the SElU Local 73 Midwest Benefits Fund, or the Employer's group insurance program by making the entire monthly contribution directly to the Fund or the

Employer, as the case may be, in a timely manner. During the leave of absence the employee will continue to accrue seniority.

Section 2. Any employee covered by this Agreement who while so employed was drafted or called to active duty in any branch of the U.S. Armed Forces shall be deemed to be on unpaid military leave; if helshe (1) receives a discharge other than dishonorable or release from active duty; (2) reports back to hislher Employer within ninety (90) days of hisher discharge or release, and (3) is physically able to perform the duties of hislher employment, such employee shall be restored to hislher former job or a job of equal status, with full seniority, inclusive of military leave time. Any pay or benefit increase that was given to other employees or would have been given to this employee during such leave will be given to the military employee upon hislher return to employment.

Section 3. The Employer agrees to grant leave as provided for in the Family and

Medical Leave Act of 1993.

ARTICLE VI

GENERAL PROVISIONS

Section 1. An employee called into the office by an exempt employee (salaried employee of the Employer) to discuss employment-related matters whlch do not result in any disciplinary action up to and including termination will be paid two (2) hours straight time pay.

With regards to National Accounts, the employee shall receive the amount specified in the contract between the Employer and the Client as long as the Employer shows proof of that amount specified. Employees who are required by the Employer (or pursuant to subpoena) to make court appearances as a result of circumstances arising out of the course of their employment with the Employer shall be paid for the time spent in court and, in the event that such appearances occurs on a day when the employee is not scheduled to work, the employee shall receive not less than four (4) hours pay.

Section 2. Any regular full-time employee who reports to work on a scheduled day off at the request of thelr Employer shall receive a minimum of four (4) hours of pay.

Section 3. An employee shall not be held financially responsible for any loss or burglary on the premises where helshe is assigned to work unless guilt is proven by a voluntary confession, a voluntary lie detector test, or a decision of an impartial judge or arbitrator. An employee will not be held responsible for any breakage or damage to equlpment or property of the Employer or of the customer except in the event of intentional conduct. This Section shall not limit the Employer's right to discharge or discipline an employee for proper cause.

Section 4. An employee engaged in the performance of security duties who is required by the Employer to pick up and/or return a weapon at a different location than the assigned work location shall receive pay for the time spent traveling from the point of location to the point of return plus reasonable travel expense.

Section 5. Promotions shall be made in accordance with Article XIII, Section 5.

An employee promoted to a higher paid classification shall be subject to a probationary period of ninety (90) calendar days, during which time helshe may be returned to histher former classification without loss of seniority if helshe does not have the knowledge, training, ability, skill, and efficiency to satisfactorily perform the work of the higher paid classification. All promotional opportunities covered by the Collective Bargaining Agreement will be posted on the

Union bulletin board for not less than seventy-two (72) hours.

Section 6. The Employer will set forth on an employee's pay stub the number of hours worked during the pay period and the amount and reason for any deduction made from the employee's pay.

Section 7. Regardless of time changes due to changes between daylight savings and standard time, employees will be paid only for actual hours worked.

Section 8. An employee temporarily transferred to a higher paid classification will receive the higher rate of pay as long as helshe continues the higher paid classification.

Section 9. An employee promoted to a higher paid classification will receive the higher rate of pay immediately upon commencing worh in the higher paid classification following the promotion.

Section 10. No employee will be discharged, suspended, disciplined, or otherwise penalized without just cause. If the Employer believes that an employee's job performance has become unsatisfactory, the Employer will so notify the employee and will document such notice in the employee's personnel file. The Employer will provide a copy of any such notices or other disciplinary actions to the employee and the Union upon request. No warnings or reprimands shall be considered for the purpose of progressive disciplinary action after twenty-four (24) months from the date of the warning or reprimand, with the exception of sexual harassment and loss of or failure to renew Permanent Employee Registration Card (PERC), (provided that the

Employer shall permit the employee thirty (30) days to renew his or her PERC card) or failure to notify Employer of loss of PERC.

Section 1 1. An employee may wear a Union button not to exceed one inch in diameter on hislher lapel or shirt pocket.

Section 12. An employee assigned to the performance of security duties in a vehicle shall not be required to pay parking ticket fines when such fines are the result of the employee's illegally parking the vehicle because of emergency conditions, provided the employee must report the parking ticket and emergency circumstances to the Employer before the end of the business day of the alleged violation.

Section 13. The Employer agrees to supply and repair uniforms and all equipment which security employees are required to wear or use in performing their duties. The fees (State, Federal, or Local) related to registering an employee or of obtaining an employee identification card or fingerprint check and maintenance of same shall be paid by the employee.

Employees will be responsible for any uniforms or equipment items which are damaged, destroyed, or lost because of negllgence on the part of the employees. Employees shall not use or wear any uniform or equipment furnished by the Employer at times other than when they are on duty or when they are going directly to and from a job assignment.

For the purpose of decreasing loss of uniforms and equipment, the Employer may as a uniform and equipment deposit, deduct a maximum of $150.00 from the wages of new employees, in no less than four (4) increments, provided the employee is informed of such deduction at time of hire. This deposit shall be refunded to the employee when helshe leaves the Employer's employment, provided helshe returns all uniforms and equipment in reasonable condition.

Section 14. Slck Davs: A. Employees shall be entitled to earn paid sick leave benefits in accordance with the following schedule:

YEARS OP CONTINUOUS MAXIMUM AMOUNT OF

SERVICE SICK LEAVE EARNED

Five (5)Vears

3 Days 6 Days d 2 Days

B. The amount of sick leave each year shall be calculated on the basis of the average number of hours worked per week during the year. When earned sick leave is taken, employees shall be paid up to the maximum amounts shown above, based on the average number of hours per week worked during the preceding twelve (1 2) month period and at their base hourly rate of pay in effect at the commencement of sick 1eave.C. To be eligible for sick leave pay, the employee must supply a doctor's certificate stating time off required on the day helshe returns to work.

Section 15. Cancelled Accounts: Should any customer terminate, no new employees shall be hired to work for which the laid-off employees are qualified and available to perform such work.

Section 16. Senloritv for Union Officers: Union Officers, bargaining representatives, and stewards shall not be laid off during their term of office so long as there is work available which they are competent to perform. The Union will furnish the Employerwith a list of employees so affected.

Section 17. Grievance Tlrne: Employees requested by the Employer and the

Union to come to the Employer's or Union's office to discuss a grievance shall be paid the cost of transportation that would not otherwise be incurred and a minimum of two (2) hours pay at the employee's hourly straight time rate.

Section 18. Standina Stations: To the extent practical, an employee assigned to a stationary standing post shall not be required to stand longer than an average of fifty (50) minutes out of each hour and in no event longer than two (2) consecutive hours.

Section 19. Employment Exarnlnations: There shall not be any deductions from pay for employmenbexaminations, physical or otherwise, including lie detector tests or any other required expense incurred at time of hire or for maintaining employment except as specified in this Agreemant. The Employer may deduct the cost of the drug screening test if the employee leaves or is terminated prior to completing histher 30" workday.

Section 20. Extra Work: Employees will be expected to work overtime in case of emergency or whenever necessary, in the best interests of the company. Overtime work beyond an employee's standard work week will be authorized by management.

Section 21. Waiver of Rlahts: Employees shall not be required to sign a waiver of any of their rights under this Agreement, without the consent of the Union.

Section 22. Use of Personal Automoblle: Employees required by the Employer to use their personal automobile on official business of the Employer excluding routine commuting shall receive $n allowance of thirty-two ($0.32) cents per mile. Employees who use their personal automobile for shelter on instructions of the Employer shall receive elght dollars

($8.00) per elght (8) hour shift and one dollar ($1.00) for each full hour thereafter on such shift for such car usage.

Section 23. Social Security: Employees receivirlg social security benefits and those who hereafter may receive such benefits who have three (3) years of service with the

Employer shall, if required to take time off because their earnings would otherwise exceed the maximum allowable under Social Security, be reinstated without loss of seniority and at the regular base rate of pay provided (a) the empIoyee is physically able to perform the normal duties of a Guard (b) the: employee returns on the agreed upon date (absent an acceptable excuse for not returning on that date) and (c) there is work for which the employee is available.

I I

Section 24. The Union and the Employer agree to abide by the provisions of the

Americans with Disabilities Act.

Section 25. Meal Periods: f he Employer shall endeavor to give each employee an uninterrupted lunch period of twenty (20) minutes away from the workstation no later than four and one-half (4-112) hours after the start of the employee's shift. It shall be understood, however, that while the nature of security may make direct relief by another individual impossible, employees do have the opportunity during the majority of shifts to take an uninterrupted lunch in, near, or at the work station. Employees required remaining in, near, or at their work stations for an unrelieved lunch period shall be paid for that time. Employees relieved for lunch periods may or may not be paid for that time, at the direction of the Employer or client.

The Employer and the Union agree this provision shall meet the spirit and intent of applicable statutes concerning lunch rellef, as well as the Employer's current practice at each site.

Section 26. Jurv Duty

A) The Employer shall grant leave of absence to employees to perform jury duty.

B) Such empl~yee will be paid the difference, if any, between hislher jury duty pay and htsher regular straight time wage rate up to a maximum of flve (5) normally scheduled working days. (Reimbursement up to and including five (5) normally scheduled working days shall be payable only if the employee provides evidence that jury duty was performed on the days for which such reimbursement is claimed).

ARTICLE VII

HOLIDAYS

Section I. A. All employees covered by this Agreement shall receive double time (2x) (which includes'their regular time) for work performed on the following holidays:

1 .) New Year's Eve 6.) Labor Day 2.) New Yegr's Day 7.) Thanksgiving Day 3.) Martin Luther King, Jr.'s Birthday 8.) Christmas Eve 4.) Memorlal Day 9.) Christmas Day 5.) lndepenuence Day

B. To qualify for holiday pay an employee must work their last regularly scheduled shift before the holiday and their first regularly scheduled shift following the holiday.

C. Employees who have completed one (1) years of continuous service or more and who do not have any unexcused absences or tardiness, as defined by company policy, in the previous annivergary year shall be entitled to one (1) personal day with pay per every anniversary year they qualify. Absences employees have with regards to beneflts as described in this contract are not considered absences for the purpose of denying any personal days.

To be eligible for a personal day an employee must request, at least fourteen (14) days in advance of the day helshe wishes to use as hislher personal day, prior Employer approval. Such approve1 shall not be denied for unjust cause.

Section 2. Employees for whom a holiday falls on their regularly scheduled workday shall receive pby at one-half (112) their base hourly rate of pay for holidays not worked, provided such holiday pay shall be forfeited if (a) they are assigned to work on a holiday and refuse, (b) they fail to show up for an assigned shift on a holiday or (c) they fail to work their last full regularly scheduled shift before the holiday and their first regularly scheduled shift following the holiday.

Section 3. As a pre-condition for holiday pay under Section 2 above, employees must first have telephoned the Employer's dispatch office fourteen (14) days prior to the holiday identifying themselves by name, to learn i i there are work assignments available. Otherwise, the

Employer is not obligated to make such payments. Employees may be assigned to a job location other than their regular location on a holiday, but such assignments should be done with regard for the employcje's place of residence to avoid refusals to accept holiday assignments.

The Employer agrees to make all employees aware of this provision at the time of hire.

Section 4. Holiday hours shall begin at 12:Ol a.m. on the holiday and run through 11:59 p.m. the same date.

Section 5. Employees working less than one-half (112) hour of the particular holiday shall not be entitled to premium pay.

Section 6. There shall not be any pyramiding of holidays, vacation and sick days.

ARTICLE Vlll

HEALTH FLlNDS

There are in existence N o Health Funds, one known as the SElU Local 25 Welfare Fund and the other known as the $EIU Local 73 Midwest Benefits Fund. In accordance with Appendix A hereto, certain security ~fficers covered by this Agreement shall participate in each of these funds.

A. SElU Local 25 Welfare Fund.

Section 1. For the period July 1, 2010 through June 30, 2011 the Employer shall contribute to the SElU Local 25 Welfare Fund on behalf of each employee covered by this

Agreement who regularly work thirty (30) hours or more per week the amount of $331.67 per month. Employers contrlbutions shall be prorated for those months in which employees started working, cease their employment and or remain on a medical leave of absence for periods specified in Article V Section 3 and Section A 5 of this Article respectively.

For the period July 1, 201 1 through June 30, 201 2 the Employer shall contribute to the SElU Local 25 Welfare Fund on behalf of each employee covered by this

Agreement who regularly work thirty (30) hours or more per week the amount of $348.40 per month. Employers contflibutlons shall be prorated for those months in whlch employees started working, cease their employment and or remain on a medical leave of absence for periods specified in Article V Sdction 3 and Section A 5 of this Article respectively.

Section 3. Effective July 1, 2012 and for the remaining duration of this Agreement the Employer shall contribute to the Local 25 SElU Welfare Fund on behalf of the employees covered by this Agreement who work thirty (30) or more hours per week as described in

Appendix A, the monthly amounts certified by the Board of Trustees for appropriate coverage in suburban Chicago pursuant to Article Vlll Section 4.

S-, The Employer adopts the provisions of and agrees to comply with and be bound by the Trud Agreement establishing the Local 25 SElU Welfare Fund and all amendments thereto, and hereby irrevocably designates as its representatives the Trustees named as employer Trustees in said Agreement, together with their successors selected in the manner therein provided, and further ratifies and approves all matters heretofore done in connection with the creaqon and administration of said Trust and all actions to be taken by such

Trustees within the scope of their authority.

Section 5. Welfare Fund payments shall be continued on eligible employees when said employees ard on medical leave of absence up to the periods provided for in Article V

Section 3 or beyond that:period for special reasons agreed to be the Employer and the Union.

Beyond that time, the Wqlfare Fund payment shall be made for and on behalf of the temporary, extra, substitute, floater or vacation replacement employee, but in no event shall contributions be made for both the eliglble employee and the temporary, substitute, floater or vacation replacement employee.

Section 6. The Employer shall make remittances to the Welfare Fund on or before the fifteenth (15");cafendar day of the month following the month in which the work was performed.

Section 7. With each report to the Welfare Fund, the Employer shall give the names, Social Security inumbers and starting dates of new, regular employees and the termination date of regular employees.

Section 8. Payments to the Welfare Fund shall be made on the prelisted rernlttance forms sent by the Fund Office, or reproduced records which glve all required information in a form accieptable to the Fund. Failure to submit the required information in a form acceptable to the Fond will result in the Employer to be deemed delinquent.

6. SElU Local 73 Mldwe$t Benefits Fund. - For sites where Local 25 Health & Welfare Fund is not required by the termslof thls Agreement.

Section 1. Full-Tlme Em~lovees: In the case of a full-time employee, the

Employer agrees to contribute sixty-six (66%) percent toward the single monthly premium to the

SElU Local 73 Midwest Benefits Fund. provided that the employee elects in writing, on a Health

Care Election Form, to pay the remainder of the premium for the single plan through payroll deductions.

Section 2, Part-Time Employees: In the case of a part-time employee, the

Employer agrees to contlibute thirty-three (33%) percent toward the single monthly premium to the SElU Local 73 Midw&st Benefits Fund., provided that the employee elects in writing, on the

Health Care Election Fol-rn, to pay the remainder of the premium for the single plan through payroll deductions.

Section 3. The Employer agrees to require all employees to fill out the Health

Care Election Form thirtg (30) days prior to the employee's eligibility, as described in Section B

70f this Article and provlde a copy of each employee's Election Form to the SElU Local 73

Midwest Benefits Fund.

If an employee deblines to elect health insurance coverage, the Employer shall have no obligation to the Fund orialternative liability to the employee.

Section 4. Health benefits shall be provided through the SElU Local 73 Midwest

Benefits Fund.

Section 5. Dependent Health Coverage may be at the employee's expense and will be carried on payroll deductions.

Section 6. The SElLl Local 73 Midwest Benefits Fund Trustees reserve the right to provide the same covdrage with another carrier.

Section 7. Period of Ellaibilltv: Current employees who have elected to participate in the SElU Local 73 Midwest Benefits Fund as of the date of this Agreement are eligible to continue as participants under the terms of this Agreement. Other current employees and new employees shall become eligible to participate upon completion of the 150th day of employment following the date upon which they are required to join the Union as provided in

Article I or upon any anhiversary date thereof. The Election Form shall be filed with the

Employer no later than the first day of the month proceeding the month in which the employee becomes covered and no earlier than the 15th of the month immediately prior thereto.

(Example: If 150th day or anniversary date is April 15, then coverage begins May 1st. Election

Form must be filed between March 15th and April I st.)

If an Employer obtains $I new location previously serviced by another SElU Local 1 security contractor and any employee at said location currently had coverage either with the SElU Local

73 Midwest Benefits Fund or the previous security contractors approved alternative plan, the new Employer shall glve~the employee the option to elect Health benefits without any additional waitlng period.

Section 8. Pavment of Contrlbutlons and Dellnuuencles: Contributions to the

SElU Local 73 MidwestlBenefits Fund shall be made on or before the twentieth (20th) day of each month preceding doverage.

Section 9. Any Employer failing to make prompt and timely payments of the contributions to the SElU Local 73 Midwest Benefits Fund in accordance with this Agreement shall be considered delinquent.

Section 10. If delinquency continues uncured for a period of five (5) days after written notice of such delinquency is mailed or delivered to the delinquent Employer, the

Employer shall be liable in an amount equal to the unpaid contributions plus all reasonable legal fees incurred by the SaIU Local 73 Midwest Benefits Fund in enforcing the payment thereof.

Section 11. ver l-ce w t i v e : Each Employer tnay choose to substitute a group insurance policy (ies) in place of the SElU Local 73 Midwest Benefits Fund.

benefits as long as it (they) meet the guidelines set forth in a.1 below. The costs of such policy

(ies) shall be borne bylthe Employer and the employee in the same proportions as the SElU

Local 73 Midwest Benefits Fund contributions.

a.1 Medical Epense Coveraae; A medical insurance plan shall be provided which shall contain standard coverage conditions and limitations customary in the insurance industry.

Such policy shall provide the same economic standards and benefit level as the SElU local 73

Midwest Benefits Fund along with a comparable number of providers within their network. Said plan need not cover mgdical conditions, care, treatment or services customarily excluded from such plans, including, for example primary convalescent or custodial care or services, routine physical examinations, opsmetic surgery, mental disabilities, mouth conditions requiring dental treatment and the like.

a.2 For specifids on the SElU Local 73 Midwest Benefits Fund the Employer shall contact the SElU Local 73 Midwest Benefits Fund prior to offering the alternative plan to their employees.

Section 12. If any Federal or State statute, local ordinance or other legislation is enacted, implemented, or due to take effect during the term of this Agreement which concerns or has reference to employde health insurance, the Employer or the Union may, at the discretion of either party, re-open the ~provlslons of this Article in their entirety and commence bargaining in good faith in accordancq with the National Labor Relations Act with the other party over new terms of this Article, with such re-opening becoming effective upon written notice from either party. In the event of such a re-opener, it is expressly agreed and understood that all provisions of the Agreement will remain in full force and effect and are unimpaired by any such meetlngs or re-opener.

ARTICLE IX

PENSION

Section ?, Forithe term of this Agreement the Employer agrees to participate in the

SElU National Industry Penslon Fund and shall contribute, on behalf of each eligible employee, at the rate of fifteen ($0;15) cents per hour for all employees covered by the Agreement as expressed in Section 2 and 3 of this Article and Appendix A hereto.

In the event the Employer is faced with withdrawal liability either by the National Industry

Pension Fund (NIPF) or,by a decision of the Employer, then the Employer will implement a company sponsored 401'(k) plan under the terms in section 7 of this article.

Section 2. Effeqtlve January 1,201 1 the employee must be employed by the Employer for one (I) year at a site covered by this Agreement. Upon reaching the first (1") anniversary date of their employment at a covered site, contributions will be made on their behalf by the

Employer to the Fund. The Employer agrees to contribute from date of hire for new employees who have previously participated in the National Industry Pension Fund and were previously employed by another Local 1 SElU Security contract Signatory at the time of hire by the

Employer.

Section 3. Effdctive January I, 2012 the Employer agrees to contribute at the rate of fifteen ($0.15) cents peri hour for all employees covered by the Agreement as expressed in

Appendix A and who have completed their ninety (90) day probation period as expressed in

Article Xlll Section 3.

Section 4 The Employer hereby agrees to be bound by provisions of the Agreement and Declaration of Trust establishing the Fund, as it may from time to time be amended, and by all resolutions and rules adopted by the Trustees pursuant to the powers delegated to them by that agreement and whibh are consistent with this Agreement, includiqg collection policies, receipt of which Is hereby acknowledged. The Employer hereby designates the Employer members of the Fundt$ Board of Trustees, or their duly selected successor(s), as its representatives on the Board.

s!ZthlA Contributions required by this provision shall be paid to the Fund on or before the fifteenth (1 day of the month following the period for which contributions are due.

Section 6, The Employer will pay for every hour worked and all hours paid for each eligible employee.

Section 7. The Company will offer a contributory 401 K Plan for employees who have successfully comp!$ted six (6) months of service and are at least 18 years of age. The minimum Company plan shall match ten percent (10%) on the first three (3%) of plan compensation deferred as salary reduction contributions. Employees are subject to the provisions, rules, and rqgulations of the plan. The specific provisions of the plan shall be contained in the plan dedcription. 100% vested after 3 years of employment.

If the provider of .the company sponsored 401(k) plan changes the plan design, the company and the union will meet to discuss the effects of the change.

If the company does not choose to withdraw from the union pension, then the company will honor the terms as outlined previously in this article.

ARTICLE X

HEALTH AND WELFARE, AND PENSION DELINQUENCIES

Section I. ~ellhuuencies, Interest and Liquidated Damages. If the Trustees do not receive full amount of thd Employer's required Welfare Fund and Pension Trust contribution and the accompanying remittence form by the dates set forth in Article VIII, Section A6, Article VIII, Section 09 and Article IX Section 5 with respect to which contributions are due, the Employer will be required to pay, Ih addition to the amount of such contribution, interest and liquidated damages at the rates specified in the Trust Agreements on the unpaid amount, as well as accountants' and attornays' fees and court costs, if any, incurred in effecting collection. The

Employer acknowledgestreceipt of the Trust Agreements and represents to the Union and the

Funds that it has read the interest and liquidated damages provisions.

Section 2. Collbction Pollcv. Employer acknowledges that the Trustees of the Funds have the Fiduciary obllgqtion under the Employee Retirement Income Security Act of

1974, as amended ("ERISA") to ensure prompt collection of Employer contributions and the resolution of delinquencies through the use of payroll audits and other enforcement procedures.

Accordingly, the Employer hereby irrevocably designates as its representatives the Trustees named Employer Trustees of the Funds and their successors in connection with the adoption, amendment and administration of a collection policy setting forth payroll audit and collection procedures in accordance with the terms and conditions of ERISA prohibited transaction class exemption 76-1. Employer hereby consents to and agrees to be bound by the provisions of such collection policy, as amended, as though fully set forth in this Agreement. A copy of the current collection policy as adopted by the Trustees is attached to this Agreement.

ARTICLE XI

lJNlON VISITATION AND INSPECTION

Section 1. The Employer agrees that full-time paid representatives of the Union shall have the right at reasonable times upon advanced notice and with the Employer's permission to interview employees of the Employer upon the Employer's premises in the event that matters concerning Such employee's working conditions or Union membership shall require such action. Employees so interviewed shall receive no reimbursement or pay from the

Employer for time spent for such interviews.

Section 2. The Union's agents or representatives shall not go upon an

Employer's client's property or premises without prior permission by the Employer.

Section 3. In order to determine the Employer's compliance with the provisions of this Agreement, the Urlion may, at reasonable times and upor1 prior request to the Employer, inspect records of covered employees relating to wages, hours of work, vacation benefits, sick leave benefits, dues deductions, Health Fund monies and Pension contributions. The Union shall give two (2) weeks notice to the Employer of the intent to spend time at the Employer's office to review the following documents: complete copies of Employer's last two (2) payroll periods, most recent quarterly remittance of the Illinois Report of Wages paid to each worker, and UC3-40 forms and continuation sheet (and, or the Indiana equivalent payroll form).

ARTICLE XI1

GRIEVANCE AND ARBITRATION PROCEDURE

Section I. For the purpose of this Agreement, a grievance is defined as a dispute between the Employer and an employee regarding the application of the Employer's rules and regulations or the meaning or application of any provision of this Agreement, but not involving any change in or addition to such provisions, which is reduced to writing and filed for processing through the Grievance Procedure.

Section 2. Employees may consult directly with their supervisors on a matter which does not necessqrlly constitute a grievance. In any case where employees are not satisfied with respect to the disposition of a matter regarding the meaning or application or any provision of this Agreement, on which such employee has informally consulted with supervision, or where their supervisor was not available for such consultation within a reasonable period of time, they may submit their complaint as a grievance.

Section 3. Any matter not resolved in the foregoing manner shall be submitted to the following grievance procedure:

STEP I: A written statement of grievance must be furnished to the Branch

Manager or hidher designee, within thirty (30) days following the occurrence of the subject matter of the grievance. The Branch

Manager or his /her designee shall be required to answer the grievance in writing within fifteen (15) days of the receipt of the grievance.

STEP 2: If the grievance is not settled in Step 1 or if it is not answered on a timely basis by the Branch Manager, or hidher designee, the written grievance shall be filed with the Employer's Director of Chicago

Shared Services, or hisfher deslgnee wlthin flfteen (15) days of the date of the first step answer, or the date such answer was due, and a meeting shall be scheduled between the Director of Chicago

Shared Services,, or hislher deslgnee, the grievant@) and a representative of the Union. The Director of Chicago Shared

Services,, or hidher designee shall answer the grievance in writing within fifteen (15) days thereafter.

STEP 3: If the grievance is not settled in Step 2 or if it is not answered in a timely manner, then the Union may appeal the grievance to the

Employers Area Vice President or hislher designee and a meeting shall be scheduled between the Area Vice President, or hislher designee, a representative of the Union and the grievant. The Area

Vice President or hislher designee shall answer the grievance in writing within fifteen (I 5) days thereafter.

STEP 4: If the grievance is not settled in Step 3 or is not answered in a timely manner, the Union may appeal the grievance to an impartial arbitrator by giving written notice of its desire to arbitrate to the

Employer within ten (10) working days of the Step 3 answer, or the date such answer was due.

Section 4. If the grievance is appealed to arbitration, representatives of the

Employer involved and the Union shall meet to select an arbitrator. If the parties are unable to agree on an arbitrator within ten (10) working days after the Union has served its written notice upon the Employer, the parties shall jointly request the Federal Mediation and Conciliation

Service to submit a list of seven (7) arbitrators. All arbitrators must be on the list must be members of the National Academy of Arbitrators Association. The Union shall strike the first name from the list and the Employer shall then strike one (1) name and thereafter the parties shall strike alternately. The person whose name remains shall be the arbitrator, provided that either party, before strikirlg any names, shall have the right to reject one (1) panel of arbitrators.

The arbitrator shall be notified of his selection by a joint letter from the Employer and the Union requesting that he set a time and place for the hearing, subject to availability of the Employer and Union representatives, and the letter shall speclfy the issue to be presented to the arbitrator.

The award of the arbitrator shall be final and binding on the Employer, the Union, and the employee or employees involved. The expense of the arbitrator, and the incidental expenses mutually agreed to, shall be shared equally by the Employer and the Union. The impartial arbitrator shall not have the right to amend, modify, nullify, ignore, or add to the provisions of this

Agreement. They shall consider and decide only the particular issue presented to them in writing by the Employer and the Union, and their decision and award shall be based solely upon their interpretation of the meqning or application of the terms of this Agreement to the facts of the grievance presented.

Section 5. The willful failure of either party to appear before the arbitrator will not serve to invalidate the proceedings norwill the willful failure of either party to present his case at the time of the hearing serve to delay the hearing or invalidate the decision of the arbitrator.

ARTICLE Xlll

SEN IORiTY

Section 1. Senlority shall be defined as an employee's length of service as an employee of the Employer from his most recent date of hire.

Seniorltv Lists: The Employer shall maintain at its office a seniority list showing employee's date of hire. Seniority lists shall be furnished to the Union upon request.

Seniority list shall…