Attachment_VI-_Collective_Bargaining_Agreement.pdf

COLLECTIVE BARGAINING AGREEMENT

BETWEEN

C&D SECURITY MANAGEMENT, INC

WHITE SANDS MISSILE RANGE, NEW MEXICO

AND

INTERNATIONAL GUARDS UNION OF AMERICA

LOCAL#106

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Union InitiRI: /':/ peter.l.hopkins Highlight vanessa.a.garcia18 Typewritten Text W9124Q-15-R-0105 vanessa.a.garcia18 Typewritten Text Attachment VI

TABLE OF CONTENTS

PURPOSE OF AGREEMENT

01.00.00 02.00.00 03.00.00 04.00.00 05.00.00 06.00.00 07.00.00 08.00.00 09.00.00 10.00.00 11.00.00 12.00.00 13 .00.00 14.00.00 15.00.00 16.00.00 17.00.00 18.00.00 19.00.00 20.00.00 21 .00.00 22.00.00 23.00.00 24.00.00 25.00.00 26.00.00 27.00.00 28.00.00 29.00.00

RECOGNITION

SUCCESSORSHIP

MANAGEMENT RIGHTS

SUPERVISOR

SHOP STEWARD-VISITATION

CHECK-OFF

UNION SECURITY

NON-DISCRTMINA TION-EQUAL TREATMENT

OVERTIME

SENIORITY

REDUCTION IN WORK FORCE AND RECALL

LEAVE OF ABSENCE

HEALTH AND SAFETY

ADJUSTMENT OF GRIEVANCES

ARBITRATION

FULL-TIME EMPLOYEES

BIDDING PROCEDURES

GENERAL

PERSONNELSTANARDS

NO STRIKE-NO LOCKOUT

VACACTTON

HOLIDAYS

FRINGE BENEFITS

LOCK TN TIME

TRAVEL

TRAINING TIME

MEETINGS

WAGES

DURATION

C&D Initial:

Union Initial:

PURPOSE OF AGREEMENT

This Agreement is made and entered into by and between C&D Security Management, Inc. (hereinafter referred to as the Company) and the International Guards Union of America, Local 106 (hereinafter referred to as the Union). The purpose of this Agreement is to ensure industrial peace. To tlus end, it is recognized that there must be mutual understanding, harmony and cooperation among employees and between employees and the Company, and between the Union and the Company; that operations must be uninterrupted and duties faithfully performed in order for the Company and its employees to fulfill their mutual and vital responsibilities to both the public and to the Govenunent; and that the business of the Company must be operated with economy and efficiency with due regard to competitive conditions. It is recognized by the Agreement to be the duty of the Company, the Union, and the employees to cooperate fully, both individually and collectively, for the advancement of said conditions.

It is agreed that the pat1ies clesire to enter into Agreement to establish wages, hours, and working conditions and to provide for the peaceful settlement of disputes and grievances that may arise affecting the employees covered hereby.

NOW, THEREFORE, the Parties agree as follows:

01.00.00 RECOGNITION

0 1.1.0 The Company recognizes the Union as the sole ancl exclusive collective bargaining agent for all Guards below the rank of Lieutenant employed on Contract DATMOS-02-C-0557 and its successor contracts on the White Sands Missile Range, New Mexico. Excluded are all other C&D Security Management, Inc. employees at White Sands Missile Range, New Mexico: office, clerical, executive, professional and administrative employees and supervisors as defined in the National Labor Relations Act, as amended. Tht: term "employee" or "employees" as used in this Agreement refers to persons covered in the Agreement regardless of sex.

Employees covered in the Agreement are those in the collective bargaitling unit as defined and certified by the National Labor Relations Board, Case No. 28-RC-4144, dated 1 October 1997.

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02.00.0

SUCCESSORSHIP

The provisions of this Agreement shall be binding upon the Company and its successors, assigns or future purchasers, (defmed hereafter as "Successor Company"), and all of the tenns and obligations herein contained shall not be affected or changed in any respect by the consolidation, merger, sale, transfer or assignment of the Company of any or all of its pro petty, or affected or changed in any respect by any clumge in the legal status, ownership or management of the Company. In such an event, all employees at the time shall be rehired in accordance with provisions of the Department of Labor and the Service Contract Act rights and be the priority applicants for positions with any "Successor Company". It is the intent of this Article to promote industJ.ial peace and hnnnony, to ensure continuity of employment and representation, to maintain the current and prospective level of wages, benefits, and working conditions contained herein---and further to protect the gains made in said wages, benefits, and working conditions derived through good faith collective bargaining regardless of the identity of the employer organization having jurisdiction over the work ofthis bargaining unit.

03.00.00 MANAGEMENT RIGHTS

03.1.0 Except as specifically limited by this Agreement, all management rights, powers, and authority possessed by the Company prior to the execution of tllis Agreement are retained by the Company, and remain exclusively and without limitation within the rights of the Company.

03.2.0 The Company shall have full and exclusive rights, subject to the terms of this Agreement, of managing the business, including, but not limited to the direction of the work force, the right to plan, direct and control all business operations, assigmnent of duties, and qualifications of employees to perform work, scheduling of all hours of work and other aspects of production and business methods and the determination of quality standards, right to hire, promote, demote, and transfer employees, to discipline, suspend, layoff or relieve employees fi"om duties, change or eliminate existing jobs or create new jobs, establish rules of conduct, and to maintain efficiency of employees. Except that schedule changes affecting full-time personnel will not be made if the change creates a significant monetary loss (reduction of customary or normally scheduled hours) or creates noncustomary travel time by privately owned vehicle.

Any of the tights, powers, functions or authority not specifically abridged by the Agreement are retained by the Company.

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03.3.0 The foregoing enumeration of the Company's rights shall not be deemed to exclude other pre-existing rights which do not conflict with the provisions of this Agreement, and nothing in this Article shall be deemed to limit the Company in the exercise of customary and recognized functions and prerogatives of management.

03.4.0 In accordance with the term and provisions of this Agreement, it is understood that the Company has the right to discipline or discharge an employee for insubordination, being under the influence or in possession of alcoholic beverages, misconduct, theft or pilfering, fraud or dishonesty, absenteeism, tardiness, fighting, illegal use of drugs or addiction, illegal driving, safety violations, negligent destruction of property, failure to be granted a security clearance, violation of pertinent regulations imposed on the Company by the United States Govemment, or any just and sufficient cause.

The Company, wl:ienever possible, in scheduling Union personnel will make every reasonable effort to avoid the scheduling of personnel that are related to supervisory persom1el fi:om working on the same shift together.

03.4.1 During the probationary period, defined by paragraph 1 0.1.0, an employee may be unilaterally transferred, laid off, or terminated at the Company's option. Each such employee shall have the right to union representation.

03.4.2 The Union will cooperate in assisting and maintaining the Company's tules and regulations concerning discipline.

03.4.3 During the probationary period, defined by paragragh l 0.1.0, union dues will not be withheld or paid from an employee during the probationary period.

03 .4.4 Whenever a supervisory employee places an unfavorable report in a guard's record, the guard will be given a copy of the rep01i at the time of administration of such action so the gllard my refer the matter to the Union for handling if the guard feels the unfavorable repoti is unfounded or not justified. An unfavorable report is defined as an official reprimand or more severe disciplinary action. An unfavorable report placed in an employee's record will be removed if no additional reports are given as a matter of record over a subsequent one-year period.

03.4.5 Personnel suspended from duties, .as a result of disciplinmy action, shall be suspended within ten (I 0) days of the infraction, or the matter shall be stricken from the employee's file.

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04.00.00 SUPERVISORS

04.1.0 Supetvisory employees shall not displace any employee covered by the Agreement. However, it is understood and agreed that the supetvisory pers01mel may perfom work of employees covered by the Agreement under the following conditions:

04.1.1 For the purpose of instructing and training employees.

04.1.2 Under emergency conditions.

04.1 .3 When an employee fails to report for work and other qualified employees are not available, Company will make every reasonable effort to locate and assign qualified bargaining unit employees to perform the work task.

04.1.4 Whenever the number of simultaneous roadblocks required exceeds five (5), utilization of bargaining unit members as evacuation patrols will be avoided where, possible.

04.1.5 In circumstances that are required to ensure the quality of performance and/or the satisfaction of the Company's obligation and responsibilities as a Conh·actor.

05.00.00 SHOP STEWARD-VISITATION

05.1.0 Upon execution of this Agreement, the Union shall promptly furnish the Company, in writing, tile names of the Shop Stewards. Thereafter, the Union shall promptly advise the Company, in writing, of any change in Stewards. No Steward will be recognized as such by the Company prior to receipt of written notice of appointment. It is expressly agreed that the Union will appoint and the Company will recognize an alternate for each Steward. The alternate will function with all rights and privileges in the absence of the Steward.

05.1.1 The scope of the Steward's activities on Company time shall be limited to the following:

a. To consult with an employee regarding the presentation of a request concerning this Agreement, complaint, or grievance which the employee desires the Steward to present.

b. To investigate a complaint or grievance of record before presentation to the appropriate supervisor.

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c. To present a request concerning this Agreement, complaint, or grievance to an employee's immediate supervisor in an attempt to settle the matter for the employee or group of employees who may be similarly affected.

d. To meet by appointment with an appropriate Supe1visor or other designated representative of the Company, when necessary, to adjust grievances in accordance with the grievance procedure of this Agreement.

05.2.0 A Steward shall secure permission from the supervisor and be properly relieved before leaving their post, reporting back to the supervisor upon return to their post. Permission will be granted unless operational activities are affected.

05.3.0 Shop Stewards have no authority to take strike action or any other action intenupting the Company's business. The Company recognizes these limitations upon the authority of the Shop Steward and shall not hold the Uniou liable for any unauthorized acts, subject to the provision of the No Strike-No Lock-Out Article of this Agreement. The Company in so recognizing such limitations shall have authority to impose proper discipline, including discharge, in the event a Shop Steward has taken unauthorized strike action, slow down, work stoppage, or other actions in violation ofthis Agreement.

05.4.0 It is agreed that the Company shall not be required to pay employees for any time that they are taken away from this work to serve on any Union committee, except as provided in the Agreement.

05.5.0 The accredited full-time representative of the Union shall have access to areas of the Company's facilities where employees in the bargaining unit are assigned, to the extent Government or customer regulations permit.

Such visits shall be during normal duty hours to visit the Company's duly designated representative for the purpose of investigating grievances or other legitimate business concerning labor relations matters.

05.6.0 It is agreed that the Union will be permitted to post the following notices at all locations where employees report to work:

05.6.1 Notices of Union recreational affairs.

05.6.2 Notices of Union election and election results.

05.6.3 Notices of Union appointments.

05.6.4 Notices ofunion meetings.

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05.6.5 Any other notice will be by written consent of the Guard Captain or an Officer of the Company.

06.00.00 CHECKOFF

06. 1.0 Upon receipt of a signed authorization f1'om the employee involved, the Company shall deduct from the employee's pay the initiation and/or reinstatement fees and dues payable by the employee to the Union during the period provided for in said authorization. The amount will be certified by the Union.

06.2.0 Deductions shall be made on account of Union dues from each paycheck of the employee. Such payroll deductions shall be made by the Company begim1ing with the payroll period commencing after receipt by the Company of the properly executed form. No deduction will be taken for those pay periods in which an employee does not receive a check. The Union will be responsible for collection of those dues.

06.3.0 Deductions provided in Paragraph 06.02.00 shall be remitted to the Financial Secretnry of the Union no later than the 15th day of the month following the month in which the deduction was made and shall include all deductions made in the previous month. The Company shall furnish the Financial Secretary of the Union, monthly, with a record of those from whom deductions have been made and the amounts of the deductions.

06.4.0 The Parties agree that check-off authorization shall be in the following form:

Name ofEmployee Contract No. (Please Print) Employee No.

Social Security No.

Date

I hereby authorize and direct C&D Security Management, Inc. to deduct from my pay beginning with the payroll period next commencing after receipt by the Company of this form, initiation or reinstatement fees and my regular monthly Union dues, as certified to the Company by the Financial Secretary of the Union, on Account of membership dues in the International Guards Union of America.

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This authorization and assignment shall continue in full force and effect for yearly periods beyond the irrevocable period set forth above, and each subsequent yearly period shall be similarly irrevocable unless revoked by me within five (5) calendar days prior to the date of termination of any irrevocable period hereof. Such revocation shall be affected by written notice, sent by Registered Mail, Return Receipt Request, to the Employer and the Union within such five (5) day period.

Signature-------- - ---- - -------- - --

06.5.0 If, due to illness or being on vacation, an employee's dues are not checked off, such deduction will be made no later than the 15th day of the month following their return to work.

06.6.0 The Union shall indemnify and save the Company harmless against any and all claims, demands, suits or other forms of liability that may arise out of or by reason of any action taken or not taken by the Company or by the Union for the information furnished to the Company by the Union for the purpose of complying with any of the pmvisions of this Article. (Check Offs only)

07.00.00 UNION SECURITY

07.1 .0 It shall be a condition of continued employment that all employees of the Company covered by this Agreement who are members of the Union in good standing on the effective elate of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement shall, not later than the ninetieth (90th) clay following the effective date of this Agreement, become and remain members in good standing in the Union. It shall also be a condition of continued employment that all employees covered by this Agreement and hired on or atler its effective date shall, not later than the ninetieth (90th) day following the beginning of such employment, become and remain members in good standing in the Union.

07.1.1 The Company will within five (5) working days after receipt of notice from the Union, discharge any employee who is not in good standing in the Union as required by the preceding paragraph.

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08.00.00 NON-DISCRIMINATION- EQUAL TREATMENT

08.1.0 There shall be no discrimination, interference, restraint or coercion by either Party against any employee because of membership or nonmembership in the Union.

08.2.0 The Company shall not discriminate against any employee because of membership in the Union or for legitimate Union activity.

08.3.0 In accordance with applicable Federal Regulations, there shall be no discrimination against any employee or applicant for employment because of their race, creed, sex, age, national origin, handicap, or veteran status.

Further, it is agreed that the provision of this Agreement will apply equally to all employees regardless of their race, creed, sex, age, national origin, handicap, or veteran status.

09.00.00 OVERTIME

09.1.0 No overtime shall be compensated for unless work is performed at the direction of an authorized supervisor. A supervisor, for purposes of authorizing overtime, is defined as a shift supervisor (LT), the training officer (LT) or the site manager (CAPT).

09.2 .0 In addition to regular straight time pay, overtime pay shall be paid as follows:

09.2.1 At fifty percent (50%) of the employee's hourly rate for:

a. All hours worked in excess of eight (8) on any regularly scheduled work day.

b. All hours worked consecutively in excess of eight (8) hours.

c. All hours worked in excess of forty (40) on any regularly scheduled work week.

09.2.2 Part-time employees who work six (6) consecutive days will be paid time and one half for all hours worked on the sixth day, provided they have worked a minimum offour (4) hours on each of the previous five (5) days.

09.3.0 Jt is understood and agreed that the Company reserves the right to require employees covered by this Agreement to perfonn overtime work. When necessary, such as due to refusals to overtime offers, the available junior guards or guard on duty will be required to work.

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09.4.0 It is recognized by both Parties that the needs of the business may require overiime work and that jobs involved must be matmed by qualified employees working on ru1 overtime basis. It is futiher recognized that overtime scheduling errors may occur in the administration of the provisions of this section. However, if such errors occur the Guard(s) may discuss the matter with the Guard Captain to reduce the possibility of future incidents. If dissatisfied after this discussion they may file a written complaint with the President.

09 .4.1 To the extent feasible, overtime will be distributed equally among those volunteer employees, provided the employee is qualified to perform the required work.

09.4.2 The opportunity to work overtime will be offered to the available Guard on the volunteer list who has the least number of overtime hours worked and/or charged. However, where it is more practical to do so, a guard from a preceding shift may be held of over or a Guard on a subsequent shift may be called or scheduled out early.

09.4.3 Tn emergency situations, including the inability of a supervisor to contact off-duty Guards in sufficient time, the scheduling and assigmnents of overtime will be handled as required by the situation.

10.00.00 SENIORITY

I 0.1.0 New employees and those rehired after a break in continuous service, regardless of classification, shall be considered on probation for a period of ninety (90) calendar days from the date of hire. Such employees shall be paid probationary wages defined by Section 28.1.2 of this Agreement.

1 0.2.0 For purpose of this Article, seniority is defined by the length of company service, which commences with the day on which its employee begins to earn wages under the Agreement in any classification hereunder. When two or more employees commence accmal of seniority on the same date, the employee who has been working on the guard contract the longest prior to working for current conh·actor will have seniority. If two or more employees are hired on the same day, neither of which have prior experience on this contract, a lottery will be held to determine the most senior.

10.3.0 Seniority lists of the employees covered by this agreement giving name, the seniority date and job classification shall be maintained by the Company. Tlu·ee (3) copies of the seniority lists shall be provided to the Chief Steward semi-annually.

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1 0.4.0 Seniority shall be broken and employees shall have their names stricken from Seniority List under and of the following circumstances:

1 0.4.1 Discharge for just cause

10.4.2 Resignation

1 0.4.3 Failure to be recalled from layoff within twelve (12) months after such layoff.

1 0.4.4 Failure to report to work upon expiration of an approved leave of absence without prior notice to and an excuse acceptable to the Company.

1 0.4.5 Accepting employment wjthout approval while on an approved leave of absence.

1 0.4.6 Unexcused absence from work for a period of tlu·ee (3) consecutive work days .

I 0.4. 7 Retirement of the employee in accordance with the Company's established retirement policy.

1 0.4.8 In recall, the Company shall mail a certified letter notice of recall to the appropriate employee. Recalled employees must respond within seventy two (72) hours after receipt of notification and must rcp01t to work within ten ( 1 0) calendar days unless extended by the Company.

10.4.9 All notices required under the provisions of this article shall be sent to the employee at the last address filed by the employee with the Company.

Each laid-off employee shall keep the Company informed in writing (certified mail) of their current address. Notice by the Company to the employee's mailing address so listed with the Company shall be considered as fulfilling the recall notice requirements.

11.00.00 REDUCTION IN WORK FORCE AND RECALL

11.1.0 Permanent reductions in force shall be effected in inverse order of seniority, provided the Company can fill all vacant positions with qualified employees from the remaining workforce. Employees moved to new jobs as a result of a permanent reduction in force will be given thirty

(30) days to learn the duties of the new position.

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12.00.00 LEAVE OF ABSENCE

12.1.0 Upon approval of the Company, a leave of absence without pay up to ninety (90) days may be granted an employee. During such leave, the employee will accrue seniority for the ninety (90) days of the leave of absence.

12.1.1 An employee accepting gainful employment while on leave of absence, except as specifically approved in writing by the Company, automatically terminates employment with the Company.

12.2.0 Employees, who by reason of bona fide illness or pregnancy, require time off will be granted appropriate leaves of absence. In maternity cases, the employee must submit, to the Supervisor, certification of the anticipated date of birth. Such leaves will be in accordance with the applicable State and Federal regulations. During such leaves, the employee will retain and continue lo accrue seniority.

12.2.1 On the anniversary date of this contract, and yearly thereafter, each employee will be allocated annual sick leave, to be paid at their hourly straight time rate. Employees attaining full-time status prior to any contract anniversary date will be allotted a pro-rata number of hours. Each employee will be reimbursed at a straight time hourly rate for all unused sick leave hours on the anniversary date of this agreement. At the request of the employee a maximum of forty (40) hours of unused sick leave may be carried over to the following year.

The hours of sick leave will be accrued as follows:

3.0 hours every two (2) weeks, not to exceed seventy-eight (78) hours each year.

12.2.2 Part-time employees will receive prorated sick leave hours in proportion to the average number of hours worked over the twelve ( 12) months prior to the sick time claimed unless an employee has been working for less than twelve ( 12) months; in that case, the sick leave hours will be based on the total average number of hours worked for all weeks prior to the sick leave claimed.

12.3.0 Annual military leave will be granted to employees.

12.4.0 If an employee enters into any branch of the Armed Forces, they shall continue to accumulate seniority with the Company during their absence to the extent provided by the appropriate Federal statute as may be

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Union Initial: r~ applicable to them, and shall be entitled to exercise such seniority rights upon release from service provided that they shall apply and qualify for re employment by the Company in accordance with the terms of the applicable law.

12.5.0 Upon written request from the bargaining un_itls Secretary/Treasurer, four Union officials shall be entitled to a leave of absence without pay to attend local seminars and the Regional Convention of the International Guards Union of America. Four (4) shall also be allowed to attend the International Convention of the Union. These Offtcers shall have available ninety (90) days for this pmvosc. Time off without pay as described in this paragraph is in addition to that which is provided in paragTaph I 2.1 .0 above. Therefore, Union officials shall not be penalized seniority, holiday or vacation benefits for attending.

12.6.0 In the event of death in the employee's immediate family, each full-time employee shall be paid for a maximum of four (4) days absence during the employee's normal work week.

Part-time employees will be paid a minimum of two (2) days bereavement and up to four (4) days bereavement based on a pro-rated average number of hours worked over the previous twelve (12) months to the time claimed.

12.6.1 For the purpose of this Agreement, immediate family is defined as: parent, spouse, sibling, child, step-child, grandparent, grandchild, brother or sister-in-law, spouse's parents or grandparents.

12.6.2 An employee may request up to four additional days of funeral leave without pay, if the services fall within the geographical distances noted below, from the employee's residence:

400 - 799 miles, one extra clay

800 - 1199 miles, two extra days

1200- 1599 miles, tlu·ce extra days

Over 1600 miles, four extra days

12.7 .0 It is agreed and understood by the parties that any employee who is subpoenaed for Jury or Witness duty will be paid his or her regularly scheduled hours for the pay period by the Company. Upon receiving his or her check from the Comt, a copy will be made and sent to the Company.

The Company will then deduct the appropriate amount from the employee's paycheck in the following pay period. Excluded from deduction from employee's paycheck is money received from the Court

C&D Jniliai :~- Union In.itial: r.· ~ while on his or her regularly scheduled days off and money received from the court for travel time. Excluded from the above are persons deemed as a Plaintiff or Defendant by the Court.

12.8.0 On the anniversary date of this contract and yearly thereafter, each employee will be allocated personal leave to be paid at their hourly straight time rate. Employees attaining full-time status prior to any contract anniversary date will be allotted a pro rated number of hours, not to exceed the yearly allocation noted below. Each employee will be reimbursed at a straight time hourly rate for all unused personal leave hours in the attainment of the following CBA anniversary date, or at the employee's option. At the employee's option he/she may choose to rollover up to forty ( 40) hours of sick leave and forty ( 40) hours of personal leave each year on the anniversary of the CBA. All hours over forty (40) will be paid at the straight time rate on the first pay period after the mmiversary date.

Effective 10/0 l/20 10: will continue to accme four ( 4) hours every two (2) weeks.

Employees desiring to utilize their personal leave must contact management twenty-four (24) hours prior to starting personal leave. The Company agrees to allow a maximum oftwo (2) personnel off per day under the provisions of this article if mission demands permit it. Personal leave will be allottecJ on a first come first serve basis.

13.00.00 HEALTH AND SAFETY

13.1.0 The Union will elect two representatives for voluntary pmticipation in the joint Company/Union safety committee as outlined in the Corporate Safety and Accident Prevention Plan. All committee members will be expected to donate up to eight hours per month in the performance of their safety duties.

13 .2.0 Employees shall be required to comply with all safety rules and regulations established by the Company and Government agencies, and to wear such protective clothing or use such safety equipment as may be required and furnished by the Company. Use of seat belts is mandatory. Failure to use seat belts will result in disciplinary action leading up to discharge.

13.3 .0 Employees will use their best efforts to prevent any acts of sabotage or willful damage to Company property or employee property or materials.

To that end, members of the Union will report to the Shop Steward or Union representatives any acts of sabotage or willful damage to property or materials, or any threat to sabotage or willfully damage such property.

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The Union will, upon receipt of such reports, take the matter up with the Company and use its best efforts in assisting the Company to prevent unsafe conditions.

13.4.0 Should the Company have reason to believe an employee covered hereby is physically or mentally unable to satisfactorily perform the duties of their job classification, such employee shall be required to take such medical examinations as may be directed by the Company. The Company shall pay for each such examination of that injury or illness. If the employee catmot meet the physical or mental requirements of C & D Security Management, Inc's, Government contract they shall be discharged.

13 .5.0 Each employee must successfully complete an mumal physical examination administered by a Company approved physician. Failure to pass this examination will result in dismissal. Each guard will be paid three (3) hours wages for all Company directed physical examinations.

The Company will pay for the pre-employment physical examinations and annual physical examinations.

14.00.00 ADJUSTMENT OF GRIEVANCES

14.1.0 The Union may appoint working employees as Stewards. The Chief Steward and an alternate will be appointed in the Stallion Range Center area and a Shop Steward and an alternate will be appointed in the Mid range. The duties of the Stewards will be to receive, but not to solicit grievances from employees. The Union recognizes and agrees that the Stewards shall carry out their duties with no interference with the orderly progress of Company work.

14.1.1 For the purpose of this Agreement, the term "solicit" means the Steward will receive grievances from employees and not petition for grievances;

however, this docs not limit the Steward of notifying an employee(s) that they have been grieved due to a breach or violation of the Agreement.

14.2.0 The Parties expressly declare that they have bargained between them on all phases of hours and working conditions and that the specific terms of this contract represent their full and complete agreement without reservation or unexpressed understanding. Any aspect of hours and working conditions not covered by a particular provision of this Agreement is declared to have been expressly eliminated as a subject for grievance or bargaining, and during the life of this Agreement may not be raised for further bargaining or negotiations without the specific written consent of all Parties hereto.

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14.3.0 Any employee feelh1g they have been aggtieved by a violation of any of lhe specific, but not implied, terms of this agreement, should make every efthrt to resolve the grievance directly wilh their supervisor. The employee may have the Steward pre.qent ifthey so desil'e.

14.4.0 For the purpose of this Agreement, the term 11grievnnceu means any dispute between the Company and the Union; Ol' between the Company and the employee concerning the effect, inlerpr~ation, application, claim, breach, or violation of this Agreement.

14.4.1 In the event a grievant fails to present their grievance to the Company withh1 te11 (10) work days after the occurrence of the said grievance, the said gl'ievance shall be cousidered as having been. settled and no further action can be taken thereon. ("Work days" are defined as Monday through Friday excluding holidays.)

14.5.0 The Company desires that ·unfairness or favoritism to its employees shall not exist and all gdcvanccs shall be settled. whenever possible. with the immediate supervisor 1nvolved. It is the intent and pu11.mse nf the Parties to provide a fair and equitable procedure for the orderly settlement of all grievances. Any grievance which an employee or the Union may have with the Company with respect to wages, hours or other conditions of employment shall be discussed by the employee with such emplnyee's immediate supervjsor in an attempt to settle the matter. The Union Steward may be present at the time of this initial discussion in keeping with the election of tim employee. The immediate supervisor shall give an orf!l answer iuunediately, if possible, but in no event later than three (3)' working days after the discussion. Ifthe oral nnswel' does not settle the matter, then the employee and/or the Steward.or other Union Official may' proceed with the matter as follows:

14.5.1 Within five (5) working days after tl1e receipt oftlle oral answer, the Steward and/or Union Official may present the grievance in writing to the Guord Cat>tain. Such written grievance shall set forth a statement of the grievance, of the facts on which it is based, the date of the occurrence, the specific Article 01· Articles oftl1c Agreement allegedly violated, and the remedy or correction rcqutJsted. The Guard Captain shall m~l wilh appropriate Union representatives and/or employee within five (5) wol'king days after the receipt of the gtievance and attempt to settle the matter. The Guard Captain shall render the decision hl writing to the Steward and the employee within tlu-ee (3) working days after such meetillg. lf a settlement is reached, the matter shall then he consi<.Jered closed.

14.5.2 If not satisfactorily settled as outlined in Paragraph 14.05.1 above, lhe gtievance nuw the11 be a[)pealed in wt·iting to the Regional Director no

C&D 1nitiaE~ Union Initial: 7;<.,/ http:Steward.or http:keepi.ng lS.OO.O later than five (5) working !lays ailer n~ceipt by the Steward ofthc decisiont·endered in 14.05. 1 hereof: The Regional Director shall meet with the Uuion representative in nn attempt to resolve the matter and render a written decision thereon within five (5) working days after receipt of such appeal. If not satislactorily settled as outlined in Paragraph 14.05.1 abovej the gtievance may then be appealed in writing to the Executive V.P. no later thm1 five (5) working days after receipt hy Che Steward of the tiecision rendered in14.05.1 hereofTI1e Executive V.P. shall meet with the Union representative in an attempt to resolve tbe matter and render a written decision thereon within five (5) working days after receipt of such appeal. By mutllal agreement of the Partiesj the numbt:r of working days specified above may be extended. If n meeting in person is not practical. it may be held via conference call

14.G.O If any grievance arising out of interpretation of an alleged violation of the terms a11d conditions of this Agt:ecment is pro-perly processed according to tn~ grievance procedure herein estabJisl1ed~ and no satisfactory adjustment or settlement is reached, such grievauce may then be appealed to arbitration as pl'ovided it1 this Agreement, provided such w1itten notice of appeal is filed by the Union with the Vice President no late1· than ten (10) working days after receipl by the Union l'cprese.ntative of the decision rendet·ed in Paragraph 14.05.02 of the grievunw procedure~ otherwise> such decision shall be final and the employee shall have nu furlher recourse.

14.7.0 It is understood nnd agreed that an employee covered hereby may be represented by the Shop Steward or other duly appointed official oflhe ' Union, and at any and all conferences with the Company arising from the processing of any formal grievance hereunder; provided, however, tlmt such representation shall be limited at anyone time to no more fuan two

(2) Stewards who arc employed by tlle Company.

14.8.0 A grievance challenging an employee's discharge for cause shall be presented in writing directly to the Regional Director and taken up as provided in 14.05.02. No such grievance shall be considered unless submitted within ten ( 1 0) working days :fi:om the date of such discharge.

ARBITUATION

15.1 .0 111ose grievance.<~ which clearly involve an alleged violation of a provisiolt of this Agreement or an allegation that is has not been properly inte1preted or applied. moy be cmTied beyond the grievance procedure into arbitration under this Article. Either the Union or the Company may reque.'llt arbitration of such a grievance in writing at any time during a pedod often

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(1 0) working day:s followiug the last step of the grieV'dnce procedure.

Upon such timely request, the arbitration shall proceed as follows:

1 5.1.1 The Company and tbe Union shalt choose a neutral Arbitrator, nnd if they cannot agree upon a name~ they shall select ti'Om a list of five (5) to be submitted by the Federal Mediation and Conciliation Service, by alternately striking names fi·om the list until only one ( 1) remains. The Arbitrator, tlms chose11 shall decide the matter amllhcir decision shall be final and binding to all Parties. The Arbitrator shall have no au(hority to alter, add to, or ignore the tenns negotiated into this Ag~·eement The Arbitrator shall be limited to finding the facts and to app1y them to the terms of this agreement. The Al'bitrator shall not add meanings to tllis Agreemenllhat were negotiated. All other matters have been resolved by negotiations between the Parties. Each Party shall bear its own cost plus one-half (1/2) the cost oft he neutral Arbitrator. Each Party shall pay one half (1/2) of the cost of the aggtieved employee's time lost :fi:om work for appearance at the at·bitratiou proceedings.

15.1.2 Hxcept fiS provided in this Agreement, in no event shall the Company be pena]iwd or in any way Hable formonehrry damages priol' to the five (5) work days precedjng the submissionB of the grievance to the Management.

l 5.1.3 The Parties will jointly submit a signed statement setting forth the issue or issues to be decided by the Arbitrator, the specific contract violations, and the remedy sought. The issue or issues shall be the sole mntter to be decided by the Arbitrator. Should the Parties fail to agree upon the issue, each Party may submit a separate statement of issue it <.:onsiders in the ' dispute and the Arbitrator shall dctem1ine at or before the hearing lhe issue or issues to be arbitrated. '

15.2.0 The Arbitrator shall render his decision within the thirty (30) days of the close of the arbitration hearing. The Arbitrator's decision or award shall be in writing and should l'eveal the reasoning and grounds ou which it is based.

15.3.0 Tile Parties agree that either Party may be represented at arbitration hearings as they may choose and designate. Evidence may be 11resented either ontlly or in writing or both.

15.4.0 Each of the Parties will assume the compensation and other expenses of witnesses called or summoned by it.

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16.00.00 FULL TIME EMPLOYEES

16.1.0 For the purpose of the Agreement a full-time bargaining unit employee is dcfmcd as: 1) an employee who is assigned to work on pt!rmanent post and patrol duty; 2) an employee guaranteed f011:y (40) hours Jler week minimum at those pennanent posts and patrol duties as designated it1 item number one. Permanent posts a11d patrols are those posh; and patrols that arc required to be perfom1ed by the Company tor an indefinitt: period of time.

A part-time employee includes all other employee::; who are members of the bargaining mnt.

17.00.00 BIDDING PROCEDURES

18.00.0

17 .1.0 When a vacancy occurs in the bargaining unit, the Comt>any will post the vacancy on the bulletin board at Tularosa Gate and Stallion Range Center, for seven (7) working days. Any employee may submit a bid for the vacant position on a fom1 provided by the Company. Within nine (9) days afier the close ofbids the Cotnpany will notifY the selected employee and pnst the results on the bulletin board at Tularosa Gate and Stallion Range Cet1ter. Selection will he made based on seniority, skill qualifications, and ability to perfonn the job. It is understood and agreed, however~ thal skill, qualifications and ability to pcrfonn the job are deciding factors, the Com)lany shall be the soJe judge of such skill. q_ualifications and ability. If the Uniou believes that the Compat1y has made an ermr in j udgmcnt in , selecting the employee for promotion, the Union may subject the matter to the grievance procedure but not to arbitration.

The Company will temporari1y fill the vacant position with flll1·time or parlhiimc employees at its discretioLt dudng the bidding process as required.

'11te Company will submit bid fonns for all en1ployees who are absent fi·om duty for any Comt)any approved reason for two or more of the four days LhaL lhe bid is posted. If the absc11t person is the most ::oenior bidder then tne bid pmc~ss will b~ halted until an expression of interest is received :fi:om the absent employee.

GENERAL

18 .1. 0 Nothing in this Agl'ecment shall be construed to prevent supervisory personnel, or otl1er oflicialR ofthe Cumpany, fium discussing any matter

C&D lnitial~ .~) Unionluitinl: £/ http:17.00.00 http:16.00.00 with an employee relating to that employee's relationship with the Company. It is understood and agreed that such private discussions may be held without the presence of Union rcpl'csentntives, and if an employee thereafter feels thel"e is just cause for a grievance, they shall then have all rigllts of representation. However, should disciplinary action be anticipated prior to or as a result of said discussinns then the Company shall require that the employee have Union representation present during the discussion. No agl'eements shaH be binding that conflict with the provisions of this contract.

18.2.0 11'le Company will continue, as necessary, to accept applications fi·om bona fide manpower training programs. Manpower programs are defined herein as, Student cooperative education programs and similar type manpower training pro~-ams to aid veterans, disadvantaged group::; and the like, including GOETA.

18.3 .0 In th~ !:'vent the Company wishes to place a consenting employee covered by this Agreement in a position of Lieutenant or higher it is agn."Cd that:

18.3 .1 The Company shall place this employee on a thirty (30} consecutive day probationary petiod.

18.3.2 At the end of the thirty (30) consecutive day probationary period the employee will be rctumcd to the old position in the Union with no loss of seniority or will furfcit aU seniority in the Union.

18 .4.0 Gual'ds wlll be fumished tive (5) each Uniforms by the Compatty. In addition to items specified by the Government Contract, each guard shnll be issued a shidd und metal name tag) inscribed with the employee's Last name. Failure to exercise reasonable care of Company-furnished uni fonns will b~: cause for discipli11.ary action. Unifhrms will not be worn by guards while off duty, except while en route between home and work.

Rct>lacement of worn-out uniform items will be on a one for one basis only. unless the employee presents an acceptnble excuse to the Guard Captain in writing. TI1e Guard Captain or designate willmak.c an allowance for fair wear tear ofunif01ms. The date ofis.crue and condition at time of issue wm he considered. The Company will pay:

5.5% ofbase rate pay for maintenance and cleaning ofunifonns including foot gear and accessories.

Each uniformed employee shall provide, not only their own foot gear And gloves as described by Company policy, but will also provide their own 2-cel1 flashlights with batteries, gloves, footwear (black, plain toe with walking heel), and web gear. holstel' for a contmctor specified weapon, 2n belt with buckle1 handcuff case, and conlract.ol' specified ammunition case, all of which will be black nylon. Any

C&D Initial: ~ Union Initinl: !'!:/ employee who has previously purchased such tKl uipment in compliance with prior rcquh·cmcnts shall be provided with or reimbursed for the ntwly specified equipment.

18.5.0 It is l-ecogni?:ed that qualilk-ation with the weapon is required on a course specified by the cognizant Govemment agency. Therefore, the Company will provide adequate weapons and ammunition :m lhat each employee can qualify in weapons marksmanship. 111e Company will provide each employee with 3 company paid attempts to qualify semi-annually. The Company will provid~ 2 s~parate days on which the 3 attempts to qualify may be scheduled. The employee may elect whether to schedule 2 attempts on the first day or 2 attempts on the second day.

lf an employee tails to qualify before his/her cutTcnt certification expires, his/her certification will remain in effect until its current expiration date.

An employee may elect to re-qualify at the weapons refresher tmining course for encll renewaL If 11ecessary, a 4th attempt will be conducted at lhe employee's own expense and time. If the employee rlneM not succt~sl:ifully qualify within 30 days of the 3rd attempt, the employee will be tenninated at the expiration ofhisfher certification. If the 4tb attempt has not been succe."isfully compleled pdor Lo the expiration of his/her catification, the employee wil1 be removed fhnn th~ schedule.

18.5.1 Additional range time will be made available tlmx: (3) times per year.

Employees may participate on a volunteer basis. Employees will be required to reimburse the Company fot· all ammunition expended. The Com patty will provide a Range Master during these p1·nctice sessions for purpose.q of safety and assistance.

18.5.2 Eacl1 employee will be required to participate in a night frring tiuniliarization ex.erchse once am1ually.

19.00.00 PERSONNEL STANDARDS

19.1.0 It is 1-ecognized that each unifmmed employee must meet the minimum acceptable level of performance in each standard. it is fw·ther understood that any member of the bargaining nnit who cannot meet and mainlain the minimum standards as specified by the Company or by Oovemment directive shall he di:~mil'lsed from employment.

19.2.0 Each uniformed employee shall he t-equh-ed to take a urinalysis drug detection test annually. Sucll urinalysis tests must be administered by a supervisor who is defined as a shift !iUpervisor (LT), training officer (I.T) or the Rite mm1ager (CAPT). In addition, each such employee shall at

C&D Iuitial:~ Union Initial: '/ l, http:11).00.00 http:l'eCogI117.ed random times and without pdor notice, be required to undergo one additional such detection test between annual testing,

19.2.1 Eaclt unifonued employee will also be required to submit to a urinalysis test fur drugs, under the following circumstances:

-~Involvement in an accident or incident resulting in injury, loss of Ufe1 or damage to Company m· Government pmpcrty.

""·When there is reasonable SUSl>icion that L11e individual is under the influence of or has in their possession alcohol, and or illegal or illicit drugs whi1e on duty. (Reasonable suspicion may be based on the effected individual's actions or bcJ1avior, odor of breath or substantiated report of possessiotl of alcohol ami or illicit or illegal drugs while on duty).

19.2.2 Tite urinalysis screening for dmg,c; will be administered by Certified Laboratory, using two scpat'ate methods oftesting.

19.2.3 The urinalysis screening will test for the following drugs:

--Amphetamines

-~-Dat·hiturates

--Cannabis

---Cocaine

-·· Benzadiazctincs

--• Methaqualones

---Opiates

---Phencyclidines

19.2.4 Employees who are hospitalized, or on vacation during the collection phase will be requiTed to submit a urine specimen within twenty-foul" (24) hours after their retuJ'll to duty.

19.2.5 It is agreed that specimen collection will take place at locations detetmined by the Company. Each employee wiH report to the collection point within a reasonable amount of time. Collection procedures nnd control of specimens will be outlined in appropriate Company din~ctives.

19.2.6 It is underl'ltond and agreed that any member of the bargaini11g m1it who l'efbses to submit a specimen or fails to provide a specimen at the

C&D Initial:-~ collection point within a tluee (3) hour peliod, shall be informed that failure to provide the specimen as directed is grounds for dismissal from employment and tbe effected employee will he dismissed fi:om employmcnL.

19.2.7 Consistent wit11 paragraph 19.02.1, if a Supervisor determines that an employee is impaired by alcohol or drugs while on duty, then that employee shall be removed from duty m1d reque.~ted to submil to a lest of their blood or wine to determine content. if ru1y. Tn the interest of safety, if an employee is impaired by alcohol or dtUgs every effort will be made to insure that the employee is not allowed to endanger olhcrs or themselves.

lf necessary, tbis will include chauffeuring the individual to Lhcir residence.

19.2.8 It…