CBA_MERITUS_SPFPA (2023-2026).pdf

AGREEMENT

BETWEEN

INTERNATIONAL UNION,

SECURITY, POLICE AND FIRE PROFESSIONALS OF AMERICA

(SPFPA)

AND

MERITUS SOLUTIONS GROUP

EFFECTIVE

May 15, 2023

TO

June 15, 2026

Table of Contents

Contents

Preamble

Article 1: Recognition

Article 2: Bargaining Obligations

Article 3: Management's Retained Rights

Article 4: Probationary Period

Article 5: Classifications

Article 6: Wages and Compensation

Article 7: Seniority

Article 8: Scheduling and Hours of Work

Article 9: Overtime

Article 10: Benefits

Article 11: Holidays

Article 12: Vacation

Article 13: Sick Leave

Article 14: Leaves of Absence

Article 15: Physical Examinations

Article 16: Physical Agility Test

Article 17: Disciplinary Action and Discharges

Article 18: Grievance and Arbitration

Article 19: Training, Licenses, Certifications, Medical Examinations

Article 20: Union Administration

Article 21: Union Security and Membership

Article 22: No Strikes-No Lockouts: Continuity of Operations

Article 23: Equal Opportunity (Non-Discrimination)

Article 24: Terms of Agreement

PREAMBLE

Preamble

It is the purpose of this Agreement to promote and ensure harmonious relations, cooperation, and understanding between MERITUS SOLUTIONS GROUP and Employees covered under this

Collective Bargaining Agreement represented by the International Union, Security, Police and Fire

Professionals of America (SPFPA). The intent is to ensure a true Collective Bargaining Agreement through partnering and interest base bargaining processes, and to establish standards of wages, hours, working conditions, and other conditions of employment.

ARTICLE 1

RECOGNITION

Article 1: Recognition

1.1 This agreement is entered between MERITUS SOLUTIONS GROUP (hereinafter referred to as the “Company” or “Management”) and the International Union, Security, Police and

Fire Professionals of America (SPFPA) (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 by the National Labor Relations Act.

1.2 The Unit is defined as all federal contract security officers employed by the Company at the US Army Corps of Engineers Galveston in the State of Texas (hereinafter referred to as “Employee(s)”), excluding all other employees, employed in any capacity such as Area

Managers, Captains, Lieutenants, Training Officer, office or clerical employees, and professional employees as defined in the National Labor Relations Act. Excluded employees may perform bargaining unit work for staffing, scheduling, or emergency requirements that do not reduce bargaining unit work below forty hours per week for bargaining unit members as long as bargaining unit members are willing and available to work.

ARTICLE 2

BARGAINING OBLIGATIONS

Article 2: Bargaining Obligations

2.1 Obligation to Bargain: The parties acknowledge that during the negotiations, which resulted in the Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to all proper subjects of collective bargaining, that all such subjects were discussed and negotiated upon, and that the Agreements contained herein were arrived at after the free exercise of such rights and opportunities.

2.2 Separability: In the event that a provision of this Agreement is held to be unlawful by a court of final jurisdiction or is rendered unlawful by a state or federal statute, all other provisions of this Agreement shall remain in full force and effect. In the event a provision of this Agreement becomes unlawful by such judicial or legislative action, the parties shall meet for the limited purpose of negotiating a substitute for said affected clause.

ARTICLE 3

MANAGEMENT'S RETAINED RIGHTS

Article 3: Manageme nt's Retained Rights

3.1 Subject only to such limitations as may be imposed by this Agreement and applicable statute, the Company retains the sole and exclusive right to manage its business and to direct the working force, including but not limited to the right to schedule work, to determine shifts, to assign work and working hours to Employees, to determine the amount and location of work, to determine the type of services performed, to establish reasonable quality and performance standards, to determine the most efficient means of providing service, to require every Employee to comply with normal, reasonable operating procedures, to formulate and enforce reasonable Company rules and regulations which are equitably applied, to hire Employees, to discipline (including discharge) for just cause, to promote, demote, layoff and transfer Employees, to maintain the discipline and efficiency of Employees, to judge skill, ability and physical fitness in a reasonable, nondiscriminatory manner, to control and regulate the use of all equipment and other property of the Company and/or the Government; provided, however, that with respect to any action which results in a change in established work rules, and/or existing hours of work Company shall give such prior notice to the Union as feasible and shall negotiate with the Union upon request.

The Company explicitly retains any and all rights which are not covered by this Agreement and which it previously exercised. Management of the business and direction of the security force are exclusively the right of Management. The rights include the right to:

A. Hire.

B. Assign work.

C. Promote, demote.

D. Discharge, discipline, or suspend for just cause.

E. Determine when overtime shall be worked.

F. Determine the qualifications of an Employee to perform work.

G. Require Employees to observe reasonable Company rules and regulations.

Note: The Company will provide Employees and the Union the Company

Handbook with any written rules and regulations not expressly covered in this agreement.

3.2 Any of the rights, power or authority the Company had prior to the signing of the

Agreement are retained by the Company except those specifically abridged or modified by this Agreement and any supplemental Agreements that may hereafter be made.

ARTICLE 4

PROBATIONARY PERIOD

Article 4: Probationary Period

4.1 Each newly hired Employee, upon working their first post, shall be engaged for a probationary period of 180 days and become a probationary Employee of the Company.

During the probationary period, Employees will not have recourse to the grievance and arbitration procedure for discharge and discipline.

4.2 The Company agrees the Lieutenant is responsible for providing USACE mandated training in addition to the site and post specific training necessary to newly hired

Employees to properly, effectively, and confidently work assigned posts on the Galveston

USACE Reservation. The Company also agrees that an existing Employee’s primary responsibilities are as a Guard Force and therefore shall not be solely responsible for providing newly hired Employees site and post specific training.

A. The Union acknowledges probationary Employees may need additional guidance and on-the-job training (OJT) to build upon the foundational training received during their new hire training program, and Employees shall provide that training as necessary to ensure an effective Guard Force.

4.3 The Company shall notify the Union of all new Employees hired and of all Employees terminated, forwarding their address, phone number, job classification, and department.

ARTICLE 5

CLASSIFICATIONS

Article 5: Classifications

5.1 Employees are expected to meet all qualifications required by the Government Service

Contract with the Army Corps of Engineers.

5.2 Employee Classifications:

A. Full-time Employees are those Employees who are assigned a minimum of 32 hours per work week on a regularly scheduled basis.

B. Part-time Employees are those Employees who are not assigned a minimum of

32 hours in any one (1) workweek on a regularly scheduled basis or cannot meet the requirements of full-time Employees (work standardized shift hours, attend regularly scheduled Guard mount, work extended shifts, etc.)

C. Sergeant/Lead Officer: The Lead Officer shall be a bargaining unit employee who is preapproved by management. The Lead Officer will be authorized to work productive bargaining unit work in combination with Lead Officer assignments without authority to hire, fire, or recommend discipline. This is not intended to limit an officer from writing a report of fact about any incident.

When working as Sergeant/Lead Officer, the employee will be paid a differential of $2.69 per hour in addition to his/her base rate for all hours worked as a Lead

Officer/Sergeant to include Health and Welfare for all hours worked up to 40 hours per week/2080 per year.

D. Supervisors/Lieutenants and other non-bargaining unit personnel will not perform bargaining unit work except in the case of emergency, training or instruction, or when no other bargaining unit employee is available and only until such time as a bargaining unit employee can be called in and assume the assignment

ARTICLE 6

WAGES AND COMPENSATION

Article 6: Wages and Compensation

6.1 Guard II Wages: Currently in effect the Guard II wage rate is $17.90

A. Effective March 1, 2024 the Guard II wage rate shall be $19.90

B. Effective March 1, 2025 the Guard II wage rate shall be $20.90

C. Effective March 1, 2026 the Guard II wage rate shall be $21.95

6.5 Failure to Notify: Employees who report to work for their scheduled shift without having been notified not to report, and work is not available, shall be compensated two (2) hours of pay at the regular rate of pay (or applicable overtime rate), including all benefits and allowances. Acts of God and failure of equipment beyond the Company’s control shall nullify this requirement.

6.6 Training Error: If an Employee is unable to work due to an error by Management regarding the training provided to the Employee, the Employee will be paid for their normally scheduled hours they are unable to work due to the error, including all benefits for those hours, until such time as the correct course of training has been provided.

6.7 Equipment: The Company will issue each Employee 1 weapon, ammo duty, two (2) shirts, two (2) pairs of pants, one (1) coat, one (1) cap, and all necessary badges/etc. required to be sewn onto clothing, and any additional equipment required by the Government and/or

Company. Uniform and equipment items will be cared, maintained, and secured by the employee. Weapons will not be left in an employee’s personal vehicle, and will be cleared/secured in accordance with their provisions outlined in their weapons issue form.

A. In addition, the Company will reimburse Employees up to $50.00 for boots as needed but no more than once annually, reimbursed through expense report with proper receipt.

ARTICLE 7

SENIORITY

Article 7: Seniority

7.1 Seniority for all purposes shall mean the total length of uninterrupted time the Employee has been employed by the Company and Predecessor Companies under the United States

USACE Security Contract.

7.2 An Employee’s seniority date shall begin on the date the employee arms and works their first Guard II post.

A. If two or more Employees work their first post on the same date, their seniority status will be determined by the Employee’s last four digits of their social security number, the lowest being the most senior.

7.3 Supervisory Positions: Employees promoted to a full-time supervisory position will not accumulate seniority while holding a supervisory position but shall retain seniority accumulated prior to promotion to a supervisory position. The seniority date will be pushed forward to adjust the seniority by the number of days not in the bargaining unit.

Example: An Employee with a seniority date of 1/1/2018 is promoted to a Supervisory position and then transitions back to Guard II status 180 days later. The Employee’s new seniority date is reduced by 180 days to 6/30/2018.

7.4 When a reduction in the workforce is necessary, to include a reduction in available work hours, the Company will first seek volunteers for layoff or reduction in work hours. After seeking volunteers, the Company shall reduce part-time Employees first choosing the least in seniority first, followed by the next least senior part-time Employee and so-on. If further reductions are necessary, the Company shall reduce full time Employee(s) with the least seniority first, followed by the next least senior full time Employee and so-on. Recall will be in the inverse of layoff.

7.5 It is the responsibility of the laid-off Employee to keep the Company advised, by certified mail, of any changes in their mailing address. The Employee shall inform the Company of their intent to return to work within 72 hours after receipt of certified notice from the

Company of recall. The Employee will then have a maximum of five (5) calendar days to report for duty.

7.6 An Employee’s seniority will be terminated upon the occurrence of any of the following:

A. Employee is discharged for just cause.

B. Employee voluntarily quits.

C. Employee fails to express intent to return to work, and/or does not return to work in accordance with the requirements in this article.

D. Employee fails to report to work for three (3) consecutive scheduled days without notifying the Company, except in cases beyond their control.

7.7 The Company shall provide an up-to-date seniority list of Employees, and post said list on the union bulletin board on the first of every month, and the Company shall furnish a duplicate copy of such seniority list to the Union at least quarterly or upon request, advising of any additions or deletions thereto.

ARTICLE 8

HOURS OF WORK AND SCHEDULING

Article 8: Scheduling and Hours of Wor k

8.1 The typical scheduled workweek for full-time Employees shall consist of five (5) consecutive days worked, followed by two (2) consecutive days of rest. This does not prohibit the Company from implementing alternative schedules in the future, with Union notification.

A. Management retains the right to assign a limited number of full-time Employees alternate schedules, by order of seniority with lowest in seniority being assigned first, due to manning shortages, operational necessity, or when required due to a change in governmental requirements such as post changes, FPCON changes, etc.

8.2 Work Shifts: The typical scheduled work-shifts shall be the below listed shifts. This does not prohibit the company from implementing alternative schedules in the future, with

Union notification.

A. Control Center:

1. 0700-1500

2. 1500-2300

3. 2300-0700

Alternate work schedule

1. 0700-1900

2. 1900-0700

B. Main Gate:

1. 0700-1800 or 0600-1800

C. Rover:

1. 0600-1400 or 0700-1400

D. Special Events:

1. any 8 hour block established by USACE

E. Natural Disasters/Emergencies

1. 0700-1900 or 1900-0700

8.3 Scheduling: The Company acknowledges meeting contractual obligations and accomplishing the mission requires having a stable workforce with a positive mindset and high morale, leading to increased job performance and attention to detail resulting in improved work performance, fewer mistakes, and less accidents. The Company also acknowledges that a fundamental aspect to maintaining high morale and positive mental health is having a fair, equitable, predictable, and stable schedule resulting in a work/life balance allowing Employees to plan accordingly to spend time with family, complete errands, attend scheduled appointments, pursue hobbies, etc. In that spirit, it is agreed that to the extent possible, unless required by operational necessity:

A. Schedule changes shall occur in emergency circumstances only due to operational necessity (asset schedule change) or unavoidable situations including Employee sick leave, no-calls, no-shows, callouts, or other last-minute emergencies that require a schedule change, etc.

B. Management shall practice a zero-tolerance policy regarding repeated short-notice schedule changes. Employees shall be required to use sick leave, vacation, or coordinate schedule changes (shifts or workdays) directly with fellow employees.

C. Management shall post the shift schedule 4 weeks in advance.

D. Management shall schedule overtime pursuant to Article 9.

E. Employees shall be given at least eight (8) hours of rest between work shifts unless approved by the Employee.

F. Employees shall be given immediate notice when schedule changes occur requiring a change in work days.

G. Management shall schedule Employees equitably and impartially for all posts they are qualified to work, thus ensuring proper post rotation occurs resulting in

Employees maintaining proficiency in all posts. As such, employees are not authorized to trade posts with other employees without prior management approval.

H. Management shall schedule the Employee with the lowest seniority first if an

Employee must work a shift other than their preferred shift.

I. Full Time Employees shall be assigned to the same shift during the same workweek.

J. Full-time Employees will be scheduled based on their shift bid, pursuant to Article

8.7, prior to part-time Employees being scheduled.

K. Rotation of main gate, roving and control center scheduling – employees will be rotated on a monthly basis from the main gate, roving patrol and control center where every 3rd week an employee is assigned to control center based on operational availability. During Alternate 12 hour shift schedule the rover and main gate will rotate into the control center once per month.

8.4 Management shall maintain a record of the schedule to be made available at Employee or

Union request.

8.5 Excessive Hours: The Company agrees that at no time will an Employee be required to work in excess of 12 continuous hours unless emergency conditions exist such as an increase in manning requirements due to an operational necessity, national emergencies, or a weather event requiring employee to stay on location.

8.6 Substitutions: Employees may be permitted to trade and/or donate posts, shifts, or workdays with other Employees, provided each Employee is qualified to perform the duties, and the trade will not cause the Company to pay overtime or other compensation greater than what it would have if the trade had not occurred.

A. All trades must occur in the same workweek.

B. Trades shall be at the discretion of management. All agreed trades will be finalized in writing (via email to all parties involved).

8.7 Full-time Employee Shift Bid: The shift bid shall allow full-time Employees to bid for their preferred shift by order of seniority. The shifts are either day or night. The Company may be required to assign employees, by order of seniority with least senior being chosen first, unwanted shifts or days off due to operational necessity.

A. Shift bids shall be conducted on a semi-annual basis with the bid implemented on the first day of January and July.

B. Employees shall be given two (2) weeks to participate in shift bid.

C. Part-time Employees shall not participate in the shift-bid.

D. After implementation, Management will give the shift bid form to the Union.

8.8 Part-time Employee Shift Preference: Part-time Employees shall be given the opportunity to choose a preferred shift. Management shall attempt to schedule part-time

Employees based on their shift preference. Part-time Employees may be assigned non-preferred shifts as required by operational necessity.

8.9 Mandatory Shift Coverage: In the event of an emergency situation, no call/no shows, or the failure of Employees to call-off from work, the Company shall have the right to postpone relief and mandate an Employee work extended shift hours. Pursuant to Article

9.3, Management shall first attempt to schedule Employees on the Overtime List. If additional mandatory shift coverage is still required, Management will assign employees, by order of seniority, the least senior being chosen first. In some circumstances and on a case-by-case basis at Management discretion, an Employee shall be exempt from working a mandatory extended shift for reasons including illness, important appointments, childcare issues, etc.

8.10 Leave Without Pay (LWOP): Employees “calling out” from a scheduled day of work shall be required to use vacation or sick leave for the number of hours they were scheduled to work. Once an Employee no longer has vacation or sick leave, calling out will be considered “Leave Without Pay” and the Employee will be subject to disciplinary action pursuant to Article 17. At Management’s discretion and in limited circumstances on a case-by-case basis, Management can approve LWOP.

8.11 Breaks: The parties agree to abide by Texas State regarding rest breaks. Employees working posts not allowing self-relief are entitled to bathroom breaks. Bathroom breaks shall not exceed ten (10) minutes for every four (4) hours worked, and employee must be properly relieved before taking break.

8.12 At Management’s discretion and in limited circumstances on a case-by-case basis (extreme illness, personal injury, critical childcare issues, family emergencies, etc.), Employees shall be allowed to turn in their duty weapon(s) and depart base before their scheduled relief is present for duty, if it has been verified their relief will arrive within two hours.

8.13 Emergency/Natural Disaster Team Scheduling

When an emergency situation occurs due to a natural disaster a team of volunteer employees will be determined who will work and stay on location during the emergency.

If there are no volunteers, the lowest seniority on a rotation basis will be assigned.

During the emergency situation, the employees will work 12-hour shifts. For all hours employees are required to stay on site he/she is paid at the current rate of pay in the CBA, to include H&W, and applicable overtime for all hours worked over forty (40) hours in the week. When employees are not required to stay on site during hours they are not working the employee shall not receive pay for those hours.

ARTICLE 9

OVERTIME

Article 9: Overtime

9.1 It is recognized by both the Company and the Union that overtime may need to be scheduled and worked at various times. When overtime is required, the Company shall notify the Employee as far in advance as reasonably practical to do so.

9.2 Overtime pay is calculated at one-and-one-half (1.5) times the regular rate of pay for all hours paid over 40 hours in one (1) workweek. Paid hours for the purposes of overtime calculation shall include hours worked, mandatory appointments for the purposes of maintaining job requirements (training, badge renewal, medical appointments, etc.).

9.3 Overtime List: An overtime sign-up list will be made available to Employees seeking overtime. Overtime includes scheduled overtime and overtime for the purposes of short-notice shift coverage due to call-outs, etc. Employees can add or remove their name from the overtime list at any time.

A. Employees on the list will be offered overtime on a rotating basis, by order of seniority, and will have first right of work or refusal.

B. Employees will not work mandatory overtime unless there are insufficient volunteers. Mandatory overtime will be assigned on a rotating basis, by order of seniority, with the lowest in seniority assigned first.

9.4 Once overtime has been assigned, either by a posted schedule or verbally with Management

(Sergeant/Lieutenant/Captain), the overtime cannot be taken away unless no longer required due to changes in operational necessity (asset arrival/departure, etc.).

9.5 Employees will not be given time off to offset the payment of overtime. Employees will not be required to stand by or suspend work in order to offset the payment of overtime.

Employees will not be required to stand by or absorb idle time without being paid the regular rate of pay (or applicable overtime rate), including all benefits and allowances.

ARTICLE 10

BENEFITS – Health & Welfare Article 10: Benefits

10.1 Employees may elect to enroll in the Company Group Health Plans for themselves and eligible dependents. Employees may only opt out of the Company Group Health Plans.

Employees who participate in the Company Group Health Plans shall have any surplus, after medical costs have been paid, directed to their Company sponsored 401(k) plan.

10.2 Employees who opt out of the Company Group Health Plans may elect to have their funds directed into the Company sponsored 401(k) plan, or have the option of receiving Health and Welfare in cash in their paycheck.

10.3 Health and Welfare will be earned for all paid hours including hours worked, mandatory appointments for the purpose of maintaining job requirements (training, badge renewal, medical appointments, etc.), holiday hours worked, vacation, and sick leave, not to exceed

40 hours per week.

10.4 Health and Welfare Rate:

A. Currently in effect the Health and Welfare rate is $4.41 per hour.

B. Effective March 1, 2024 the Health and Welfare rate will be $4.85

C. Effective March 1, 2025 the H&W rate will be $4.90.

D. Effective March 1, 2026 the H&W rate will be $4.95.

10.5 Either Party may elect to re-open Section 10.4 of this Article upon submission of written notice to the other Party not less than sixty (60) days period to March 1, 2025 and March

1, 2026, for the sole and exclusive purpose of negotiations changes to the H&W wages set out in Section 10.4 of this Article for March 1, 2025 or March 1, 2026. During any such re-opener, neither party is obligated to consider or negotiate any provisions of this

Agreement other than those set out in Section 10.4 of this Article, and all other provisions remain in full force and effect to include the No Strike/No Lockout Provision of this

Agreement.

ARTICLE 11

HOLIDAYS

Article 11: Holidays

11.1 Employees shall receive holiday pay at their normal hourly rate for the following eleven

(11) days:

A. New Year’s Day G. Columbus Day

B. Martin Luther King Jr’s Birthday H. Veterans Day

C. Washington Birthday I. Thanksgiving Day

D. Memorial Day J. Christmas Day

E. Independence Day K. Juneteenth

F. Labor Day

A. Holiday pay will be received on the “observed” date of the holiday.

B. Employee must work or be on pre-approved leave the week of the holiday to be eligible to receive holiday benefit pay.

E. Assigning employees to work holidays:

a. Volunteering (first come first serve)

b. Selection on a rotating basis (the same guard will not be selected to work back to back holidays).

c. Since all schedules are posted 30 days in advance, all employees will be aware if they are working (or not working) a holiday in advance.

11.2 Full-time Employees: All full-time Employees receive eight (8) hours of holiday benefit pay.

11.3 Part-time Employees: All part-time Employees receive eight (8) hours of prorated holiday benefit pay.

11.4 Prorating: All hours worked the pay period preceding the holiday will be divided by 80, the possible hours in a pay period, and then multiplied by eight (8), the total possible hours, resulting in the number of prorated holiday hours earned.

Example: A part-time Employee works 30 hours the pay period preceding the holiday.30 hours is divided by 80 (and rounded to nearest hundredth) resulting in 0.38, which is then multiplied by 8 resulting in 3.04 hours, which is always rounded up to the nearest one-quarter hour, resulting in 3.25 hours of holiday pay.

Part-time Employee Holiday Proration Formula:

𝐻𝑜𝑢𝑟𝑠 𝑊𝑜𝑟𝑘𝑒𝑑

) 𝑋8 = 𝐻𝑜𝑙𝑖𝑑𝑎𝑦 𝐻𝑜𝑢𝑟𝑠

ARTICLE 12

VACATION

Article 12: Vacation

12.1 Employees shall be eligible for earned vacation upon the completion of one (1) year of continuous employment (not to include pre-assignment training) and each subsequent anniversary to the seniority date with the Company or to the seniority date with the predecessor to the Government Contract. Although vacation accrues during the anniversary year, vacation shall not vest and employees shall not be entitled to vacation under the below schedule in Section 12.3 until the employee has completed twelve (12) months of continuous employment on the government contract. If an employee separates from employment for any reason with less than one year and one day of employment with the

Company or its predecessor, Employee shall not be entitled to any vacation pay.

12.2 Part-time Employees will receive prorated vacation pursuant to Article 12.4

12.3 Employees shall receive vacation as follows:

A. 80 hours on their first-fifth anniversary.

B. 120 hours on their sixth-tenth anniversary.

C. 160 hours on their eleventh anniversary and each anniversary thereafter.

Anniversary: *Hours Earned:

1-5 Years 80 Hours

6-10 Years 120 Hours

11+ Years 160 Hours

*prorated pursuant to Article 12.4

12.4 Vacation time for all employees is earned based on the employee’s hours worked. The amount earned is calculated by the number of hours worked in the previous year, plus vacation time actually taken, plus sick time actually taken, divided by 1664 (32 hours per week X 52 weeks per year), and then multiplied by the maximum vacation hours for that employee’s years of service. No employee may earn more than the maximum for that employee’s years of service.

12.5 The Company will pay out the Employee’s prior years unused vacation hours at the current wage rate within 30 days of the Employees annual vacation drop.

12.6 Employees are encouraged to use vacation hours on an annual basis. However, in some circumstances and on a case-by-case basis, the Company may grant requests to cash out unused vacation days for lump sum payments if it does not draw the Employee’s vacation balance below 40 hours.

12.7 Vacation Requests:

A. Vacation requests shall be on a first-come, first-served basis and shall not be based on seniority.

B. Vacation requests shall be submitted no more than one (1) year in advance.

C. Employees should submit vacation requests at least 15 days in advance to ensure short notice changes to the posted schedule do not occur. Vacation requests should not cause short notice schedule changes, excluding extenuating circumstances on a case-by-case basis, and shall be denied/approved at Management discretion.

D. Employees shall have only the number of vacation days scheduled and “on the books” that they accrued on their last anniversary date. This decreases situations where Employees request large blocks of vacation throughout multiple months, decreasing perceived vacation availability for other Employees, only to shorten and/or cancel the vacation as the dates near.

Example: If an Employee accrued 80 hours of vacation on their last anniversary date, they cannot request 40 hours of vacation in the months of June, July, August, and September totaling a combined 160 hours of scheduled vacation.

E. No more than 10% of the guard can be on vacation at any given time.

12.8 Vacation balances will be paid, at the current wage rate, upon termination of employment.

ARTICLE 13

SICK LEAVE

Article 13: Sic k Leave

13.1 The provisions of this Article meet the requirements of, and remain generally compatible with, Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors.

13.2 All union members will accrue one (1) hour of sick leave for every 30 hours worked.

13.3 Sick leave is capped at 56 hours. Once an Employee has accrued 56 hours, no additional sick leave will be accrued. No more than 56 hours shall be accrued in a single calendar year. Any unused hours will be carried over to the following plan year with a maximum balance of fifty-six (56) hours at any time.

13.4 On a case-by-case basis Management shall allow Employees the ability to go into a negative sick leave balance, essentially allowing future earned sick leave to be used.

13.5 The following reasons are considered to be approved usage of sick leave:

A. An Employee's mental or physical illness, injury, or health condition; to accommodate the Employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an Employee's need for preventive medical care.

B. To allow the Employee to provide care for a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care for a family member who needs preventive medical care.

C. When the Employee's place of business has been closed by order of a public official for any health-related reason, or when an Employee's child's school or place of care has been closed for such a reason.

D. Absences that qualify for leave under the Domestic Violence Leave Act.

For the purposes of this article, family members include: A child, including a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis, is a legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling.

13.6 Sick leave shall not be taken on an otherwise scheduled day off.

13.7 An Employee desiring to use sick leave for an illness shall notify Management no later than four (4) hours prior to the start of shift, excluding circumstances beyond the

Employee’s control on a case-by-case basis. This notice is conducted by phone call only

(no voice mails, texts, or emails). Employees who consistently fail to provide sufficient notice could be subject to disciplinary action pursuant to Article 17.

13.8 Upon separation from the Company for any reason, Sick Leave hours are not paid out.

ARTICLE 14

LEAVES OF ABSENCE

Article 14: Leaves of Abse nce

14.1 Leaves of Absence: Employees will continue to accrue seniority for the duration of the absence, shall be subject to lay-off according to their seniority, and at the end of such absence, will be entitled to resume their employment duties with the Company with their original seniority status and all job and recall rights. Employees shall submit a written request to Management immediately upon determining the absence is required.

A. Bereavement: Full-time Employees who suffer the death of a family member will be granted a leave of absence with pay. Employees will receive eight (8) hours of the regular hourly rate for each day claimed with a maximum of 120 hours per calendar year. Employees will receive up to 24 hours per occurrence. Family members shall include spouse, child, father, father-in-law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, aunt, uncle, grandchild, grandparents, and spouse’s grandparents. Employees may be required to provide the Company with verification of the death, i.e. a funeral home card, newspaper, or similar published article or copy of a death certificate.

B. Jury Duty: Full-time Employees summoned for Jury Duty will be granted a leave of absence with pay receiving the regular hourly rate for each day of jury duty not to exceed eight (8) hours per day for a maximum of 40 hours annually. Upon notification to serve as a juror, the Employee shall submit the notification letter to

Management as early as possible, but no later than one (1) week prior to the scheduled jury duty. The Employee shall bring in verification from the Court Clerk for each day of jury duty. Employees who are subpoenaed, or summoned in relation to their current employment, will receive the regular hourly rate for the length of the summons.

A. Employees shall sign over any payment received from the County Clerk to the Company.

C. Family Medical Leave Act: Employees requesting a leave of absence as prescribed by the Family Medical Leave Act will be granted leave without pay for up to 12 weeks. Employee’s Company paid health care coverage will be continued for up to 12 weeks.

D. Military Service: Employees in the Armed Forces Reserve or National Guard will be granted a leave of absence without pay for the duration of required monthly or annual field training obligations or for the duration of a deployment. Employees recalled to Active Duty will be granted a leave of absence without pay for the duration of their recall. In accordance with the ESGR, the Annual Drill/AT schedule will be provided to the employer in advance. If recalled to active duty, the employee will provide a copy of his/her orders to the employer.

E. Union Duties: Employees in an elected or appointed position or office of the

Union, whose duties require their absence from work, will be granted a leave of absence without pay for the term of such office or position.

F. Occupational Injury/Illness: Employees unable to work due to a work-related injury or illness shall be eligible for a leave of absence without pay for the duration of their injury or illness and may also receive payment from workers compensation in relation to their work-related injury or illness.

14.2 Non-Occupational Injury/Illness: Employees unable to work due to a non-occupational injury or illness may be granted a leave of absence without pay for up to 12 weeks in a one

(1) year period as prescribed by the Family Medical Leave Act. During the absence, Employees will continue to accrue seniority. If the injury or illness requires an absence longer than 12 weeks of FMLA, the Employee will be subject to termination by the

Company and be given the opportunity to be rehired and resume employment with the

Company, based on manning requirements, when able to return to work and meet all necessary requirements of employment.

A. Once terminated and rehired, if the lay off period is less than one (1) year, Employees shall retain their seniority, but their seniority shall be recalculated and pushed forward based on the length of their absence from the bargaining unit.

B. Once terminated and rehired if the lay off period is greater than one (1) year, Employees shall lose their seniority and be rehired with a new seniority date.

14.3 All other leaves of absence not covered above may be granted at the Company’s sole discretion for a period not to exceed 30 days. For leaves of absence 30 days or less, Employees will continue to accumulate seniority and at the end of such absence, be entitled to resume their employment duties with the Company with their regular seniority status and all job and recall rights. For leaves of absence greater than 30 days, Employees will retain seniority accumulated prior to their absence, but will not accumulate seniority during their absence, and at the end of such absence, their seniority will be recalculated based on the length of their absence, and be entitled to resume their employment duties with the

Company with all job and recall rights.

A. The Company benefits for the Employee will be cancelled after 30 days and the

Employee will be eligible for COBRA benefits.

B. Employees shall submit a written request to the Company stating the approximate length and reason for the leave of absence. Employees will make every effort to submit the written request with enough advance notice to alleviate the need to change a posted schedule and failure to do so could result in Management denying the request.

C. Leaves of absence will not be granted for Employees to work elsewhere.

D. Employees who exceed 16 hours of unpaid absence in a 60-day period are subject to the disciplinary policy pursuant to Article 17.

ARTICLE 15

EXAMINATIONS

Article 15: Physical Examinat ions

15.1 The Company may require, as a condition of initial and continued employment, that

Employees submit to medical examinations to determine fitness for duty. Such examinations may include laboratory tests to detect the presence of alcohol or illicit drugs or other medications that may impair ability to perform assigned job duties. Such laboratory tests may be administered before the commencement of work, after layoffs or leaves of absence in excess of 30 calendar days, after on-the-job accidents, and upon reasonable suspicion of drug or alcohol use or impairment. The Company may also require

Employees to undergo such physical examinations randomly or tri-annually per USACE contract requirements.

16.4 Medical Screening: Employees shall accomplish a medical screening and receive medical clearance prior to being hired. Medical screenings are required every 3 years upon hiring.

ARTICLE 16

HEIGHT AND WEIGHT REQUIREMENTS

Article 16: Physical Agil ity Test

16.1 In accordance with the contract, all employees must be within height and weight standards upon hire, and all must remain within the established height and weight standards. All employees will be provided with a copy of the USACE Height and Weight Standards.

16.2 Current Employees. Any employee currently employed under this contract that meets the height and weight standards and at a later date fails to meet the standards will be notified that he/she has 60 days from the date of notification to adhere to the height/weight standards. During the probation period, the employees shall continue to perform their normal duties. If the proper height/weight standard is not met within that time, the contractor will be notified, and the employee will be removed from the contract.

16.3 If height/weight standard is not met due to a medical issue where a doctor’s waiver has been provided, the employee has 60 days after the employee is cleared by their physician to meet height/weight requirements.

ARTICLE 17

DISCIPLINARY ACTION AND TERMINATION

Article 17: Disciplinary Action and Disc harges

17.1 Disciplinary actions will utilize a system of progressive discipline. For each offense type, the appropriate progressive disciplinary action shall be administered. Disciplinary action must be taken within ten (10) working days after the Company’s investigation of the alleged violation. The system of progressive discipline consists of the following actions:

A. Verbal warning

B. Written warning

C. Suspension up to one (1) day

D. Suspension up to three (3) days with Final Warning

E. Termination

17.2 It is expressly agreed and understood that the Company shall have the right to establish from time-to-time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. The employer shall have the right to determine the level of discipline. Employee violations subject to disciplinary action includes, but is not limited to:

A. Excessive tardiness, no-calls, no-shows, callouts, lack of providing 4 hours’ notice for absences, etc.

B. Call offs for previously denied Vacation, LWOP requests, or in conjunction with holidays.

17.3 The Company retains the right to skip any part of the progressive discipline process for serious Employee misconduct. Serious misconduct includes, but is not limited to:

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR Sections 101-20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or

DHS), insubordination (including, without limitation, deliberate failure to carry out assigned tasks), and conducting personal affairs during official time. The term

"personal affairs" as used in this paragraph does not include the making of telephone or other inquiries concerning the status of children or family members or the provisions of their care provided that such activities have been approved by the

Employee's supervisor. Long distance telephone calls shall not be made at

Government or Company expense.

C. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

D. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the

Government or Company.

E. Theft, vandalism, or criminal acts.

F. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the

Company's Alcohol and Drug Abuse Policy.

G. Improper use of official authority or credentials.

H. Unauthorized use of communications equipment or Government property.

I. Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.

J. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Performance Work Statement.

K. Violation of state or federal laws regarding the possession or use of a firearm.

L. Unauthorized post abandonment.

M. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation.

N. Falsification of time records.

O. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

P. Sexual, racial or verbal harassment in violation of Company policy.

Q. Failure to appear for work without notice ("no-call no-show") except in cases when the Employee was unable to provide proper notice to the Company due to extreme injury or illness, or other extenuating circumstances.

17.4 Any time an Employee is to be interviewed and disciplinary action may be taken, the

Employee shall have a Union representative present if requested. Both the Employee and

Union representative are entitled to know what the meeting is about and are entitled to consult prior to the interview. The representative will conduct themselves in accordance to the Weingarten Act. If Union representation is not immediately available, the Employee reserves the right to choose suitable representation (without Management approval or input) from among unit members.

17.5 Should any United States Government authority deny access to the facility, or revoke clearance or access to the facility where bargaining unit members work, the Company agrees to furnish the Union documentation of such government action. Removal by the government would preclude bargaining unit member’s right to pursue the matter through the grievance and arbitration procedure in Article 15. If documentation is available and permissible by the government, the Company will provide it to the Union: If no documentation is provided, then the grievance and arbitration procedure and just cause provision would be applicable.

17.6 The Company shall have the right to discipline, suspend, or terminate an Employee for just cause only.

ARTICLE 18

GRIEVANCE AND ARBITRATION

Article 18: Grievance and Arbitration

18.1 Informal Procedure: The parties shall attempt to resolve all disputes arising in connection with this Agreement on an informal basis. If the parties are unable to resolve such dispute informally, the party making the claim shall, within the applicable time limit set forth below, serve a written grievance on the other party.

18.2 When the Company requests a meeting with Union committee members during working hours, the committee members will not be docked for time lost to attend such meetings.

However, pay for such meeting shall not extend to hours in excess of eight (8) hours in one

(1) workday. In the event of a grievance on the graveyard shift, the Company agrees to meet with the Union at a time convenient to both parties.

18.3 Grievance: A grievance shall be defined as any dispute concerning the application or interpretation of this Agreement, or disputes concerning wages, hours, or working conditions of Employees. However, only grievances concerning the interpretation or application of specific provisions of this Agreement shall be subject to arbitration hereunder.

A. Step 1: Discipline, suspension or termination shall be for just cause only. Any grievance relating to the discipline, suspension, layoff, or termination of an

Employee must be served in writing to the Lieutenant within ten (10) working days of the date upon which the discipline, suspension, layoff, or termination, of the occurrence, or discovery of the issue which gave rise to the dispute, or the grievance shall be null and void.

The Contract Manager and a Union representative shall meet within ten (10) working days of the service of said grievance for the purpose of discussing and, if possible, settling said grievance. The Company shall give the Union its answer to the grievance and its reasons therefore within ten (10) working days of the conclusion of such meeting. If the grievance is not settled, then:

B. Step 2: The Company, and/or a designated representative, and the Union President and/or International Union Representative, or their designated representative, shall meet within ten (10) working days after receipt of the Company’s answer to the second step of this grievance procedure, or within ten (10) working days of the meeting with the Contract Manager if no such answer is served, for the purpose of discussing and, if possible, settling said grievance.

If a settlement cannot be reached within ten (10) working days from the meeting, the Local Union will refer the grievance to the International Union for review to request arbitration. If the grievance is not settled, then:

If a settlement cannot be reached within ten (10) working days from the meeting, prior to Arbitration, either party may request to the other party it wishes to submit to non-binding Grievance mediation. The parties agree to abide by the guidelines of the Federal Mediation Conciliation Service (FMCS) for grievance mediation.

Should grievance mediation not resolve the matter, either party may serve notice on the other party it wishes to proceed to Arbitration.

18.4 Arbitration: Either party may make a written request for arbitration. The written request must be served on either the Contract Manager or designee, or President of the Local Union or designee. If such request is not served on the other party within 30 days of the conclusion of the procedure, the grievance will become null and void.

A. Whenever a timely request for arbitration has been made pursuant to this Article, the Company and the Union’s representative shall meet for the purpose of selecting an impartial arbitrator.

B. If the parties are unable to agree upon an…