MMPS_RFP_-_NNM17558047R_Attachment_L-4A_-_MSFC_Security_Police_Officers_CBA.PDF

Agreement between

Excalibur Security Services Team and the

INTERNATIONAL UNION, SECURITY,

POLICE AND FIRE PROFESSIONALS OF

AMERICA (SPFPA)

and its Amalgamated Local 316 Thereof representing the

SECURITY POLICE OFFICERS

of the

Protective Services Contract

AT

MARSHALL SPACE FLIGHT CENTER

TABLE OF CONTENTS

PREAMBLE OF THE AGREEMENT

ARTICLE 1 – GENERAL PROVISIONS……………………… ...............…..............…3

ARTICLE 2 – UNION SENIORITY ………………………………..........…

ARTICLE 3 – JOB OPPORTUNITIES ...………………….....................…

ARTICLE 4 – MANAGEMENT RETAINED RIGHTS…

ARTICLE 5 – GRIEVANCE PROCEDURES

ARTICLE 6 – DISCIPLINE ........................................…………………

ARTICLE 7 – HOURS OF WORK AND OVERTIME

ARTICLE 8 – WORK SHIFTS AND PAYMENT POLICIES .........................…

ARTICLE 9 – HOLIDAYS ..................................................……………….....…

ARTICLE 10 – VACATIONS ………………………...……………................…

ARTICLE 11 – LEAVES OF ABSENCE ....................…….............................…

ARTICLE 12 – HEALTH & WELFARE.................................................……...…

ARTICLE 13 – MISCELLANEOUS PROVISIONS ...........................................…....…23

ARTICLE 14 – 401 (K) PLAN ........................................………………….........…

ARTICLE 15 – SAFETY .....................................…………………………..........…

ARTICLE 16 – CONTINUITY OF OPERATIONS..……….........................…....…

ARTICLE 17 – SEPERABILITY OF THE CONTRACT..……………......…..…...…..27

ARTICLE 18 – ENTIRE AGREEMENT ........................…………….............…...…... 27

ARTICLE 19 – TERMINATION OF AGREEMENT..……….....................….........… 27

ARTICLE 20 – DURATION ...............................................…………........…

APPENDIX A – ADDENDUM TO CBA…………………………………….…

PREAMBLE

This Agreement is made and entered into by and between Excalibur Security Services Team, hereinafter referred to as the "Employer" or "Company," and International Union, Security, Police and Fire Professionals of America (SPFPA) and its amalgamated Local #316, hereinafter referred to as the "Union".

ARTICLE 1

GENERAL PROVISIONS

SECTION 1.1 BARGAINING UNIT

A. This agreement is entered between Excalibur Security Services Team, International Union, Security, Police and Fire Professionals of America (SPFPA), and its amalgamated Local #316 (hereinafter referred to as the Union). The Company recognizes the Union as the sole and exclusive bargaining representative for the purpose of collective bargaining as defined in the National Labor Relations Act.

B. The unit is defined as all full-time and part-time Security Officers, patrol officers, and communications officers performing guard duties as defined by section 9(b)(3) of the National Labor Relation Act, employed by the Company at Marshall Space Flight Center (MSFC) at Huntsville, Alabama, excluding all other employees, including office clerical employees, and professional employees and supervisors as defined in the Act. This recognition is extended to the Union by NLRB case # 10-RC-15683.

C. This agreement shall be binding upon both parties, their successors, and assigns. In the event of a sale or transfer of the business of the employer, or any part thereof, the purchaser or transferee shall be bound by this agreement.

SECTION 1.2 NEGOTIATING COMMITTEE

The Company agrees to recognize a Negotiating Committee composed of up to three members and one alternate selected by the Union to represent the Employees in collective bargaining negotiations.

SECTION 1.3 STEWARD SYSTEM

A. The Company agrees to recognize a steward system.

B. The Union agrees that the stewards will work at their regular jobs at all times except when they are relieved to attend to all the business of the Grievance Procedure as outlined in this Agreement. Aggrieved employees will be paid their regular rate of pay in the conduct of Company Union business during scheduled working hours.

C. If the Employee requests, the Company will call for a union representative prior to any disciplinary action taken, whether it be written or verbal. The supervisor, at the request of the Employee, will release the union representative as soon as possible. The union representative will be paid for up to one-half hour upon receiving Supervisor approval of relief from duty.

SECTION 1.4 MANAGERS AND SALARIED PERSONNEL

Site Managers and Shift Commanders, and Shift Sergeants shall not perform the duties of the Employees in the bargaining unit, except in an emergency.

SECTION 1.5 UNION SECURITY

All officers, assigned to the employment sites herein referenced, hereafter employed by The Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of, this Agreement.

Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S.

Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck

v. Communications Workers of America, 487 U.S. 735 (1988).

In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice.

The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that employee.

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

SECTION 1.6 – DUES CHECK OFF

The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix C. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet, including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each shall be remitted to the Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month.

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

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

SECTION 1.7 INTENT OF PARTIES

The Union and the Company agree to work sincerely and wholeheartedly to the end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously, and in the best interest of efficient security operations. The Union and the Company will put forth their best efforts to cause the Bargaining Unit Employees, individually and collectively, to perform and render loyal and efficient work and services on behalf of the Company, and that neither their representatives nor their members will intimidate, coerce, or discriminate in any manner against any person in its employ by reason of his/her membership and activity or non-membership or non-activity in the Union.

SECTION 1.8 ANTI-DISCRIMINATION

Neither the Company nor the Union will discriminate against any Employee because of race, color, religion, sex, age, national origin, Vietnam Era Veterans status, disability, sexual orientation, or other protected reason. The Company and the Union recognize that the objective of providing equal employment opportunities for all people is consistent with Company and Union philosophy, and the parties agree to work sincerely and wholeheartedly toward the accomplishment of this objective.

ARTICLE 2

UNION SENIORITY

SECTION 2.1 UNION SENIORITY DEFINED

A. New employees shall be considered on probation for a period of one-hundred eighty (180) calendar days from the date of hiring.

B. Employees selected to work as a Communications Officer (CO), a Community Relations Officer (CRO), or on the Emergency Response Team (ERT) classification will serve a ninety (90) calendar day probationary period. The probationary period shall commence upon completion of required training and certifications. In the event a security officer elects to return or fails to demonstrate the ability to perform as a CO or on the ERT, that security officer may return to a security officer position at the former rate of pay with any interim increases with full seniority.

1. Employees who work as a CO may have the option of returning to the patrol officer classification only during the yearly shift bid.

2. If there is a shift opening for a CO position, the position will first be offered to current COs in order of seniority, then current alternate COs in order of seniority. If the position is still not filled, the position may be opened for testing.

C. Seniority under this Agreement shall commence with the date of employment of the individual as a Security Police Officer.

D. If a reduction in force is necessary, employees will be laid off on a seniority basis.

Employees laid off, if qualified, shall be considered for any existing vacancies not covered by the CBA within Coastal International Security. Any expense incurred as a result of accepting such vacancies will be paid for by the employee.

E. During a reduction in force, senior employees in the same classification may volunteer to accept layoff out of order of seniority.

F. Re-employment after layoff shall be on a seniority basis.

G. An employee covered by this Agreement who accepts a position as a supervisor or a position outside the Bargaining unit within the MSFC Contract shall retain the seniority he had as of the date of his promotion or transfer but shall not accrue additional seniority while so employed. In the event of an opening and the employee becomes re-employed in a position covered by this Agreement, he will return to a position to which his seniority entitles him. If he does not return within six (6) months, he shall lose all seniority rights.

H. Seniority shall govern choice of shift assignment each twelve (12) month period.

I. A seniority list giving name, shift, and date of employment under this Agreement shall be furnished to the Union one (1) month after signing of this Agreement. A list of additions and separations will be furnished to the Union monthly. The Company will post a corrected seniority roster by the 15th day of March, June, September, and December each year.

a. Employees must submit their choice for shift placement in the month of November.

b. The Company will provide shift bid results to the Union no later than 20th day of December.

c. Placement will become effective on the first day the following January.

d. The seniority roster will also be used to fill any mid-term vacancies.

J. The Company will issue all future seniority rosters as a single roster.

SECTION 2.6 TERMINIATION OF SENIORITY

The seniority of an employee shall be terminated for any of the following reason:

a. The employee quits or retires;

b. The employee is discharged;

c. Settlement with the employee has been made for total disability, or for any other reason if the settlement waives further employment rights with the Company;

d. The employee is laid off for a continuous period of one calendar year or 365 calendar days;

e. The U.S. Government revokes the employee’s clearances;

f. The employee is permanently transferred out of the bargaining unit;

g. If any employee takes a leave of absence longer than ninety (90) days, except for special circumstances approved by the company;

h. Failure to return to work from layoff or leave of absence at the time specified;

i. Employee fails to express to the Company his intent to return to work and/or does not return to work in accordance with the requirements of section (j) below;

j. Employee fails to report for work and fails to notify the Company for three (3) consecutive days;

k. Employee fails to renew a leave of absence, except when circumstances caused by the employee’s illness or accident make it impossible for the employee to report or for anyone else to report for the employee.

ARTICLE 3

JOB OPPORTUNITIES

SECTION 3.1 FILLING VACANCIES

New positions or vacancies (except those of less than thirty (30) calendar days duration) will be bulletined at MSFC, building 4312 and 4627 for a period of seven (7) calendar days. The senior qualified employee whose application is filed with the designated official within the time limits of the bulletin shall be awarded the position or vacancy. It is understood that vacation periods will not be considered “vacancies” for the purpose of this paragraph.

SECTION 3.2 LAYOFF AND RECALL

In the event of layoff, probationary Employees will be laid off first. Should it be necessary to further reduce the work force, Employees will be retained on the basis of seniority within the Local. Full time and part time officers will be laid off in proportion, with part time officers never to exceed 20% of the full time officer workforce. The Company will notify the Union, in writing, of required reduction. The Union will respond, in writing, within three (3) business days (excluding Saturday, Sunday & Holidays), with the name or names of the least senior employee or employees. Recall of Employees will be accomplished by recalling the last laid off Employee first, and so on.

SECTION 3.3 TEMPORARY ASSIGNMENTS

In the interest of maintaining continuous operations, the Employer may temporarily assign an Employee to a vacant or new position until the job is filled, or assign an Employee to a position that is part of a temporary security assignment directed by the Employer’s customer, including temporarily assigning an Employee to a work site within the area defined by this Agreement. To the extent feasible the assignment shall be a voluntary selection based on seniority and qualification. In the absence of volunteers, assignments shall be made on a reverse seniority and qualifications basis. Employees so assigned will receive the higher of the base hourly wage available to Employees regularly assigned to the site to which they are being transferred, or their regular hourly wage they receive at their regular site under this agreement, whichever is greater.

ARTICLE 4

MANAGEMENT'S RETAINED RIGHTS

SECTION 4.1

The Company reserves all rights which it heretofore had except to the extent that those rights are expressly limited by the provisions of this Agreement. Without limiting the foregoing reservations of rights, the parties consider it to be desirable, in order to avoid unnecessary misunderstanding or grievances in the future, to specify by way of illustration and without limitation some of the rights reserved to the Company, which it may exercise in its sole discretion and which might otherwise be a source of potential controversy, these rights being:

a. Hire;

b. Assign work and schedule;

c. Promote, Demote;

d. Discharge, discipline, or suspend based on Article 6;

e. Determine the size of the workforce, including the number, if any, of employees assigned to any particular shift;

f. Make and enforce work rules not inconsistent with the provisions of this agreement;

g. Require Employees to observe reasonable Employer rules and regulations;

h. Determine when overtime shall be worked;

i. Determine the qualifications of an Employee to perform work;

j. The right to determine, direct, and change the work operations and work force of the Company;

k. The right to ensure adherence to performance standards, the type of services to be rendered, and the manner in which such services are to be performed;

l. The right to determine the type and quantity of machines, equipment, and supplies to be used and the purchase, control, and use of all materials, equipment, and supplies that are purchased, used, or handled by the Company;

m. The right to sell, lease, shut down, or otherwise dispose of all or part of the Company's assets or business operations;

n. The right to introduce changes in the methods of operations, jobs or facilities, including the right to automate, totally or partially, any or all of its business operations, even though this operates to eliminate unit jobs;

o. The right to establish job descriptions and classifications and to require any employee covered by this Agreement to perform any job or task deemed necessary by the Company, regardless of whether it is related to his principal duties provided the assignment is lawful and safe and that the employee is qualified to perform it. These job descriptions and/or assignments will be provided to the Union and the Union shall have a meaningful opportunity to negotiate with regard thereto before implementation;

p. The right to hire, promote, transfer, and lay off employees covered by this Agreement and to determine the requirements and criteria prerequisite to being hired, promoted, transferred, or laid off;

q. The right to schedule all work and hours of work, to determine the need for and amount of overtime, and to assign or require employees to work overtime; and

r. The right to make and enforce work rules not inconsistent with the express provisions of this Agreement. No work rule(s) will be implemented by the Company until fifteen (15) calendar days after it has been provided to the Union, during which time the Union shall have a meaningful opportunity to negotiate with the Company on such work rule(s). An exception to this policy is implementation of work rules in compliance with government requirements. The Company agrees to provide copies of any such government regulations in a timely fashion.

SECTION 4.2

Any of the rights, power or authority the Company had prior to the signing of this Agreement are retained by the Company, except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made. The Company's failure to exercise any function reserved to it shall not be deemed a waiver of any such rights.

SECTION 4.3

Management or the Company shall not unilaterally change any mandatory subject of bargaining, without proper bargaining, as covered by NLRA Section 8(B).

ARTICLE 5

GRIEVANCE PROCEDURE

SECTION 5.1 INTENT

For purposes of this Agreement, a grievance shall mean a claimed violation, misinterpretation, or misapplication of any provision of this Agreement, or the challenge of any disciplinary action taken against a Union Employee, except that this grievance procedure shall not be used for any action or order of removal of an Employee from working under the contract by the U.S. Government, or revocation of required Credentials by any government agency. The “final decision” on the employee’s removal shall be determined by the Government. Union shall be provided copy of any removal by the Government.

SECTION 5.2 GENERAL PROVISIONS

A. The number of days outlined in Section 5.3 in the processing and presentation of grievances shall establish the maximum time allowed for the presentation and processing of a grievance. The term "days" shall not include Saturdays, Sundays or holidays when used in this Article.

B. Should either the Company, the Union, or the aggrieved employee fail to comply with the time limits as set forth in this Article, the party who failed to comply within the time limits shall forfeit the grievance.

SECTION 5.3 GRIEVANCE PROCEDURE

All grievances shall be presented and processed in accordance with the following procedures:

A. Informal Step - The parties shall make their best efforts to resolve any dispute on an informal basis. Both the Company and the Union agree that the Employee will first discuss the complaint with their immediate supervisor (not in the bargaining unit), with a union representative present, within ten

(10) working days of the incident being grieved, to start the informal procedure. If the informal procedure is not invoked within ten (10) working days of Employee's knowledge of a grievable issue, then it is agreed by both parties that no further action can be taken. If, during the course of this discussion either the Employee or the supervisor deems it desirable, a steward or other Union representative will be called in. Resolutions in this step shall be deemed non-precedent setting.

B. Step One - If the matter is not resolved informally, the Employee shall, not later than fifteen (15) days after the informal discussion with the immediate supervisor, set forth the facts in writing, specifying the Article and paragraph allegedly violated. This shall be signed by the aggrieved Employee and the union representative, and shall be submitted to the Project Manager or designee with a copy to the Company’s HR Director. The Project Manager or designee shall have fifteen (15) days from the date the grievance was presented to return a decision in writing with a copy to the aggrieved Employee and the union representative.

C. Step Two - If the grievance is not settled in Step One, the grievance may be appealed in writing to the Company's Director of Human Resources or designee not later than fifteen (15) days from the denial by the Contract Manager or designee. The Director of Human Resources or designee will have fifteen (15) days from the date the grievance was presented to return a decision, in writing, with a copy to the aggrieved Employee and the union representative.

D. Grievance for Discipline - Any grievance involving discharge or other discipline may be commenced at Step One of this procedure. The written grievance shall be presented to the Contract Manager through the Project Manager or designee within fifteen (15) days after the occurrence of the facts giving rise to the Grievance.

SECTION 5.4 ARBITRATION PROCEDURE

Grievances processed in accordance with the requirements of Section 5.3 that remain unsettled may be processed to arbitration by the Union. giving the Company's Director of Human Resources written notice of its desire to proceed arbitration not later than twenty

(20) days after rejection of the grievance in Step Two. Grievances which have been processed in accordance with the requirements of Section 5.3 which remain unsettled shall be processed in accordance with the following procedures and limitations:

A. Selection of an Arbitrator - Within twenty (20) days of receipt of the Union's written notice to proceed with arbitration, the Company and the Union will meet telephonically to jointly attempt to agree upon the selection of a neutral arbitrator. If, within twenty (20) days, the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators.

An arbitrator will be selected from the list supplied by the FMCS by parties alternately striking from the list until one (1) name remains, and this individual shall be the arbitrator to hear the grievance.

B. Decision of the Arbitrator - The arbitrator shall commence the hearing on a mutually agreeable date. The decision of the arbitrator shall be final and binding upon the parties to the Agreement. Any decision shall be complied with, without undue delay after the decision is rendered unless the Company files a written request for clarification, then the Company will comply within twenty (20) days of receiving the clarification. It is understood and agreed between the parties that the arbitrator shall have no power to add to, subtract from, or modify any of the terms of this Agreement.

C. Arbitration Expense - The arbitrator's fees and expenses, including the cost of any hearing room, shall be shared equally between the Company and the Union. Each party to the arbitration will be responsible for its own expenses and compensation incurred bringing any of its witnesses or other participants to the arbitration. Any other expenses, including transcript costs, shall be borne by the party incurring such expenses.

SECTION 5.5 CLASS ACTION

The Union shall have the right to file a group grievance (class action) or grievances involving more than one (1) Employee at the Informal Step of the grievance procedure.

SECTION 5.6 INDIVIDUAL GRIEVANCES

No individual may move a grievance to arbitration.

ARTICLE 6

DISCIPLINE

SECTION 6.1 GROUNDS FOR DISCIPLINE AND DISMISSAL

After completion of the probationary period, as specified in Section 2.1.A, no Employee shall be dismissed or suspended without just cause. Just cause shall include any action or order of removal of an employee from working under the contract by the U.S.

Government, or revocation of required credentials by any government agency. Company shall provide copy of removals to the Union.

The Company’s contract with the U.S. Government sets out qualifications and performance standards for the Security Officers and all Employees are required to comply with these standards. Employees agree to comply with any express non-disciplinary directive issued by the Government.

The Company may discipline Employees when necessary and discharge those who fail to uphold U.S. Government or Company standards. It is recognized by parties to this Agreement that progressive discipline generally shall be applied in dealing with Employees. However, it is also recognized that offenses may occur for which progressive discipline is not applicable. Disciplinary measures vary depending on the seriousness of the matter and the past record of the Employee. All discipline shall be subject to the grievance and arbitration procedures, except for orders of removal and loss of credentials, which shall not be subject to the grievance and arbitration procedures.

ARTICLE 7

HOURS OF WORK AND OVERTIME

SECTION 7.1 WORKDAY AND WORKWEEK

For the purposes of this Article, a regular workweek of forty (40) hours of work, including/excluding lunch periods, shall constitute a normal full-time workweek for full-time Employees. Shifts shall be scheduled at the discretion of the Employer to fulfill the needs of the U.S. Government.

SECTION 7.2 OVERTIME

An overtime rate of time and one-half (1 1/2) of an Employee's base rate of pay (exclusive of health and welfare and other fringe additions to pay) shall be paid for all hours actually worked in excess of forty (40) hours in a work week.

SECTION 7.3 OVERTIME REQUIREMENT

If directed to work overtime or extra hours, and the seniority system is not invoked due to shortness of notice to the Company, the Employee shall be required to do the work, unless the Employee is excused by the Company for good cause.

SECTION 7.4 OVERTIME DISTRIBUTION

Overtime will be offered by seniority (within the worksite) on a rotating basis. The overtime roster will be posted in a centralized location and maintained by the company.

Overtime will be distributed as equitably and fairly as is practical among employees

SECTION 7.5 WORK SUSPENSION

Employees shall not be required to suspend work in regular hours to absorb overtime.

SECTION 7.6 NON-CONTINUOUS WORK

An employee under this Agreement who is called in to work for any emergency or duty not continuous with one’s regular work day shall receive not less than four (4) hours pay.

ARTICLE 8

WORK WEEK AND PAYMENT POLICIES

SECTION 8.1 WORKING WEEK

The workday shall consist of a twenty-four (24) hour period beginning at 12 o’clock midnight (2400 hours) and a regular day’s work shall consist of eight (8) consecutive hours.

SECTION 8.2 PAY PERIOD

The normal workweek shall consist of seven (7) consecutive days beginning 12:01 a.m.

(0001 hours) on a specific day for each employee, and a regular weekly work schedule shall consist of five (5) workdays of eight (8) hours each in the workweek. The pay period shall begin at 0001 hours Sunday and end one hundred sixty-eight (168) hours thereafter.

SECTION 8.3 SCHEDULED OFF DAYS

Each employee shall be scheduled so as to normally be off duty the last two (2) consecutive days of one's workweek.

SECTION 8.4 CHANGES IN WORK WEEK AND SHIFT DEFINITIONS

Changes in hours of work or assignments to shift may be made whenever necessary.

Except in an emergency, four (4) calendar days notice shall be given in advance of all such changes. The Union President or his designee will be informed of all such changes.

The Company will establish three (3) main eight (8) hour shifts beginning between 5:00 a.m. (0500 hours) and 7:00 a.m. (0700 hours), 1:00 p.m. (1300 hours) and 3:00 p.m.

(1500 hours), 9:00 p.m. (2200 hours) and 11:00 p.m. (2300 hours). Necessary special shifts may be established.

SECTION 8.5 CONSISTANT WORK WEEK

The Company will maintain the present days off schedule until and unless operational or personnel requirements necessitate a change in which event the Local Union President or his designee(s) shall have the right to confer with management.

SECTION 8.6 Intentionally left blank

SECTION 8.7 WAGE SCHEDULE

The base rate of pay for Security Officers is described in Appendix A of this Agreement.

SECTION 8.8 PAYDAY

Payday for all hourly Employees will be after 4 p.m. on Friday following the two (2) week pay period ending on Sunday, subject to change by written agreement by the Company and the Union.

SECTION 8.9 UNDISPUTED ERROR

In case of an undisputed error on the part of the company as to an Employee's rate of pay, proper adjustment will be made in the next paycheck after the error has been brought in written form to the Company's attention. Any error, involving eight (8) hours of pay or more, will be corrected and paid within three (3) working days.

SECTION 8.10 BASE CLOSURE

The employer recognizes the fact that there are times when inclement weather, a natural disaster, or any other planned or unplanned event may close an installation where its employees are assigned. In the event that a closing occurs, employees may be excused and may use personal leave, vacation leave, or leave without pay. When public base closure announcements are made, officers working under this contract should follow directions for “essential personnel.

ARTICLE 9

HOLIDAYS

SECTION 9.1 HOLIDAYS DEFINED

Whenever the term "holiday" is used, it shall mean:

See Appendix “A” for list of holidays.

SECTION 9.2 PART-TIME OFFICERS HOLIDAY TIME

A part-time officer who does not work on a holiday shall receive prorated holiday pay based on hours paid during the two (2) week pay period in which the holiday occurs.

A part-time officer who works as scheduled on a holiday shall receive the Employee’s rate of pay for all hours worked, and in addition shall receive prorated holiday pay as described above.

ARTICLE 10

VACATIONS

SECTION 10.1 ELIGIBLE EMPLOYEES

Employees shall be entitled to annual vacation based on their continuous years of service with the Employer (based on the Employee's anniversary date of employment) at their individual hourly rate of pay at the time payment is made in accordance with the following schedule:

See Appendix “A” for vacation schedule.

SECTION 10.2 SCHEDULING VACATIONS

Vacations, insofar as reasonably possible, shall be granted at the times most desired by the Employee, after the Employee's anniversary date, by Seniority. Vacation request should be submitted 30 days prior whenever possible. Once a vacation request is approved by the Site Manager a senior ranking Officers can not over ride an approved vacation.

SECTION 10.3 UNUSED VACATION

Up to one (1) year of total vacation time may be carried over into the next year, at the employee’s option. Any vacation leave in excess of one (1) year will be cashed out and paid to the employee. The employee Contract Service Date will be used for determining the anniversary date for vacation leave carryover.

SECTION 10.4 TERMINATING EMPLOYEES

Upon termination of employment, Employees will be paid at their individual hourly rate vacation time earned as of their last anniversary date, but not used, as entitled by the Service Contract Act. (Example: An Employee who terminates one month into the next anniversary year is entitled to any of the previous year's earned accrued vacation not already used, and not to the additional month accrued in the new anniversary period).

SECTION 10.5 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 one (1) year. Employees will only be paid vacation benefits when they are working.

SECTION 10.6 VACATION INCREMENTS

Consistent with Employer approval, efficiency, and economy of operations, Employees may take their vacation in segments of less than one (1) week each.

ARTICLE 11

LEAVES OF ABSENCE

SECTION 11.1 LIMITATIONS

Personal leaves of absence for non-medical emergencies may be granted at the sole discretion of the Employer without loss of seniority to the Employee. Such leaves, if granted, are not to exceed 30 days, unless a special extension is approved by the Employer. Length of service with the Employer shall not accrue for purposes of vacation, holiday, or other accrued benefits for any unpaid leave of absence over 30 days. The Employer will make every reasonable effort to maintain an Employee's position while on a non-statutory unpaid leave of absence. Unpaid leaves of absence may be taken only with written approval of the Employer, or in a case of verified personal emergency.

Any Employee in an unpaid status at the time a holiday occurs shall not be entitled to any holiday pay. Note “unpaid status” does not include regular scheduled days off, vacation or personal leave.

SECTION 11.2 MEDICAL LEAVE

A. The Family and Medical Leave Act of 1993 (FMLA) is incorporated herein.

B. During medical leave, the Employee shall be required to furnish a report from the doctor when requested periodically by the Employer. Upon the expiration of said leave, the Employee shall furnish the Employer with a statement, signed by the doctor, which establishes the fitness of the Employee to return to the Employee's previously held work. Any Employee who is not able to return to work with a medical clearance from a licensed physician at the end of a maximum medical leave shall be terminated from Employment.

C. If the Employee files for medical leave on false pretext or works for another employer without pre-authorization from the company, the Employee will be removed from the contract and from employment with the Employer.

D. Employees must use all paid personal leave prior to beginning approved FMLA leave.

SECTION 11.3 MILITARY LEAVE

An Employee of the Company who is activated or drafted into any branch of the armed forces of the United States under the provisions of the Selective Service Act or the Reserve Forces Act shall be granted an unpaid military leave of absence, as required under the federal law, for the time spent in full-time active duty. The period of such leave shall be determined in accordance with applicable federal laws in effect at the time of such leave.

SECTION 11.4 UNION LEAVE

A. One employee may be granted a leave of absence upon written request of the International Union President for Union business. Such a leave shall be granted up to a period of one (1) year, and may be renewed each year thereafter upon proper written request from the Union. Seniority shall accumulate during such leave.

B. The Company shall make its best effort to excuse Local Union Officers and/or their designees for the purposes of conducting Union business and/or International Union sponsored conventions, conferences, and workshops.

The Local President or his designee will notify the Company in writing no later than fourteen (14) days before said events.

C. The President and the Vice President or their designees in writing shall be granted time off without pay to attend arbitration, judicial and administrative proceedings which involve Local Union business.

SECTION 11.5 PERSONAL LEAVE

See appendix “A” for Personal Leave accrual.

Personal leave may be taken in not less than two (2) hour increments at the beginning or end of one’s shift and shall be paid when taken by the Employee as approved in advance by the Site/Project Manager.

Upon termination of employment, Employee will be paid at their individual hourly rate for any unused, earned personal leave.

Except in emergencies or other circumstances beyond the employee’s control which prevent notice, employees will report absences at least four (4) hours prior to the start of their shift.

Employees may carry over 40 hours of unused Personal Leave into the next contract year.

SECTION 11.6 PROCESSING UNPAID LEAVES OF ABSENCE

The Employer will consider requests for unpaid leaves of absence and may grant them at its sole discretion. Such leaves may be granted only in medical situations.

An unpaid leave of absence must be processed in the following manner:

A. All requests for unpaid leaves of absence shall be submitted in writing to the Site Manager at least ten (10) calendar days prior to the date the leave will take effect, except in cases of verified personal emergencies, and include:

a. The reasons for such leave;

b. The effective dates of such leave;

c. The estimated date of return to work.

B. The Company will respond to the request within five (5) working days.

C. The written request for leave of absence shall be submitted to the Site Manager for approval. If the request for the leave of absence is approved by the Site Manager, a copy of the approved leave of absence will be given to the Employee involved.

D. Extensions of the leave of absence may be granted at the sole discretion of the Employer, upon written request by the Employee within ten (10) calendar days prior to the expiration of the leave of absence. Extensions, when granted, shall not total more than thirty (30) days.

SECTION 11.7 GENERAL PROVISIONS

All Union Seniority shall accumulate during the period of any approved leave of absence subject to the provisions of this Agreement

SECTION 11.8 BEREAVEMENT LEAVE

See Appendix “A” for Bereavement leave time.

SECTION 11.9 JOB RELATED COURT APPEARANCE AND JURY DUTY

A. Job Related Court Appearance:

An employee who is required to appear for a scheduled job-related court appearance during his normal shift of work shall be paid at the appropriate hourly rate. All hours worked outside the employee's normal shift of work shall be paid at his appropriate rate of pay.

B. See Appendix “A” for Jury Duty leave time.

ARTICLE 12

HEALTH & WELFARE

SECTION 12.1 PAYMENTS

See Appendix “A”.

SECTION 12.2 OTHER BENEFITS

The Employer may offer Employees the opportunity to participate in other fringe benefit programs made available to all Security Officers employed by the Company. These programs may include cafeteria plans, payroll deduction plans, retirement plans, insurance plans, 401 (k) plans, ESOPs and any other plan mentioned in this Agreement.

Any additional fringe benefits which are offered to the employee, the Company will provide a copy to the Union.

SECTION 12.3 POST RELIEF

Employees shall be granted relief from time to time as necessary.

SECTION 12.4 POST CONSIDERATIONS

The Union shall have the right to confer with management on heating, lighting, and ventilation of facilities, on transportation to and from stations, on eating and drinking facilities, sanitary conditions and to appoint a Union Safety designee to meet with the Company Safety Office.

SECTION 12.5 DRUG TESTING

In accordance with the Civil Space Employee Testing Act of 1991 and Company policy, the Union shall be given notice prior to any change in the drug policy and shall have an opportunity for impact bargaining. The Company and the Union agree to strive to provide a workplace that is free from the illegal use, possession/distribution of drugs or other controlled substances and that is free from the influence of alcohol abuse.

SECTION 12.6 WORKMEN’S COMPENSATION

In the event that an employee is disabled by an occupational illness or injury which is compensable under the applicable Workmen’s Compensation Laws, the employer shall adhere to applicable Alabama state laws.

ARTICLE 13

MISCELLANEOUS PROVISIONS

SECTION 13.1 BULLETIN BOARDS

The Employer will make its best effort to obtain a space from the U.S. Government for Union to locate a Union-provided bulletin board that will be used by the Union for posting notices of meetings, elections, appointments, recreational and social affairs, and other Union notices. The provision of these facilities is the prerogative of the U.S.

Government, who owns and controls all worksite facilities.

SECTION 13.2 UNION MEETINGS

Neither Union officials nor Union members shall, during working time (excluding break and lunch periods), solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances as described in this Agreement. No Employee may leave their post without permission from the Employer under any circumstances, unless there is appropriate Government permission granted.

13.3 POST ROTATION

Posts and Patrols (duty assignments) within an assigned work area will be rotated equitably.

13.4 INFORMING THE UNION

The Union President will be furnished with information relevant and necessary to the administration of this Agreement.

13.5 VEST ISSUE

All Security Officers will be fitted for and issued a Level 3 vest to be worn under the uniform.

13.6 UNIFORM ALTERATIONS

Payment for necessary uniform alterations shall be reimbursed by the Company.

13.7 LIQUIDATION OF LEAVE UPON EMPLOYEE DEATH

All unused Vacation and Personal/Sick Leave will be paid to the estate of the employee upon his death.

13.8 FEMALE LOCKER FACILITIES

The Company and the Union will make their best efforts to improve the female locker room facilities.

13.9 LABOR-MANAGEMENT MEETINGS

The Company and the union will make their best efforts to meet on a monthly basis to discuss labor-management issues. Corporate representatives and International Union representatives may participate by telephone, if necessary.

ARTICLE 14

401 (k) PLAN

SECTION 14.1 401 (K) PLAN

The Company may provide a 401 (k) plan to which Security Officers are eligible to contribute. The Employee will elect amount(s) they so choose to be applied to the 401k plan. Employees shall be subject to the eligibility requirements and rules of the Plan.

SECTION 14.2 SPFPA 401(a) Plan

The Company agrees to make deductions for Union members for the SPFPA 401(a) Plan, if the Union members so choose. Union members shall be subject to the eligibility requirements and rules of the Plan.

The Company agrees to send the deductions / contributions to SPFPA International Union, the Administrator of the SPFPA 401(a) Plan, no later than the Tenth (10th) of the Month following the Month the deductions were made.

The Company’s sole responsibility is to make the payroll deductions and send said deductions to the Plan Administrator with a record of name, social security number and amount of deduction for each source of money (pre-tax/after-tax deduction). The Company is in no way responsible for any other aspect of the plan.

SECTION 14.3

No local and its members will be eligible for both the Company’s 401 (k) Plan and the Union’s 401 (a) Plan. All Employees in a local will be eligible for only one of the plans.

ARTICLE 15

SAFETY

SECTION 15.1 SAFETY POLICY

It is the policy of the Company to make its best efforts to provide Employees with places and conditions of employment that are free from or protected against occupational safety and health hazards. Under this Agreement, all worksites and facilities are the property of the U.S. Government, who is responsible for the condition and safety of the worksite. The Company agrees to permit one (1) bargaining unit member selected by the Union to participate in any Company locally scheduled safety meetings.

SECTION 15.2 OSHA STANDARDS

The Company will report any safety violations observed or reported to the Company in any U.S. Government provided workstations.

ARTICLE 16

CONTINUITY OF OPERATIONS

SECTION 16.1 NO STRIKES

A. Both the Company and the Union agree that continuity of operations is of utmost importance to the Company's security operations. Therefore, so long as this Agreement is in effect, the Union and the Company agree that there will be no strikes, lockouts, work stoppages, illegal picket lines, slowdowns, or secondary boycotts during the term of this Agreement.

B. Upon hearing of an unauthorized strike, slowdown, stoppage of work, planned inefficiency, or any curtailment of work or restriction or interference with the operation of the Employer, the Union shall take affirmative action to avert or bring such activity to prompt termination.

SECTION 16.2 LOCKOUTS

During the life of this Agreement, the Employer shall not lockout any Employees covered in this Agreement.

ARTICLE 17

SEPARABILITY OF CONTRACT

In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through Government regulations or decree, such parties hereto agree to renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the Government decree or statutes, so long as they shall remain legally effective. It is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

ARTICLE 18

ENTIRE AGREEMENT

The parties acknowledge that during the negotiation which resulted in the Agreement, the unlimited right and opportunity to make demands and proposals with respect to any matter not removed by law from the area of collective bargaining, and all understand agreements reached by the parties are set forth in this Agreement. Therefore, the Company and the Union shall not be obligated to bargain collectively on any matter pertaining to conditions of employment, including, but not limited to, rates of pay, wages, hours of work, disciplinary actions, training requirements, etc., during the term of this Agreement, except as specifically provided for in other provisions of this Agreement.

ARTICLE 19

TERMINATION OF AGREEMENT

Should either party desire to terminate this Agreement or any provision thereof, it shall give written notice to the other party of not less than sixty (60) days and not more than one hundred and eighty (180) days prior to the expiration. In the event such notice is given, the existing Agreement may be continued by mutual consent of both parties until a new Agreement is reached. This Agreement may only be changed or amended by agreement of both parties in writing.

ARTICLE 20

DURATION

This Agreement shall be effective from August 28, 2015 through September 30, 2018 and supersedes any and all prior agreements or understandings between the parties. The parties agree that either party may reopen negotiations between May 1, 2018 and before August 1, 2018, by giving written notice to the other party. All provisions of this Agreement, including, but not limited to, Article 16, shall remain in force during the terms of this Agreement.

IN WITNESS WHEREOF, the parties have caused their representatives to sign this Agreement as full acknowledgment of their intention to be bound by the Agreement.

IN WITNESS WHEREOF, the parties hereto have signed this Agreement this date of August 28, 2015 at Marshall Space Flight Center, Alabama.

FOR: FOR:

International Union, Security, Police Excalibur Security Services Team and Fire Professionals of America (SPFPA) and its Amalgamated Local #316

Rick O’Quinn Fred Mendes IUSPFPA, Vice-President, Region 2 President

Paul Miller President, Local 316

Appendix A

Marshall Space Flight Center, Huntsville, AL

Whereas, Excalibur Security Services Team (hereinafter referred to as “the Company”) and the International Union Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local #316 (hereinafter referred to as “the Union”) entered into an Agreement effective August 28, 2015, Whereas, the Union has been duly designated as the bargaining unit representative for the security officers, communication officers and patrol officers employed by the Company under its contract with the National Aeronautics and Space Administration, Marshall Space Flight Center in Huntsville, AL, Whereas, the aforementioned Agreement provides for the Company and the Union to negotiate wages and fringe benefits for each facility covered therein and to enter in to an Addendum setting forth those…