Vous êtes sur la page 1sur 39

COLLECTIVE BARGAINING AGREEMENT Between G4S Government Solutions, Inc.

And International Union, Security, Police and Fire Professionals of America (SPFPA) & its Amalgamated Local 108 At HOLSTON ARMY AMMUNITION PLANT KINGSPORT, TN
OCTOBER 1, 2013 SEPTEMBER 30, 2016

AGREEMENT BETWEEN G4S GOVERNMENT SOLUTIONS, INC. and INTERNATIONAL UNION, SECURITY, POLICE, AND FIRE PROFESSIONALS OF AMERICA & ITS AMALGAMATED LOCAL 108 AT HOLSTON ARMY AMMUNITION PLANT

PAGE PREAMBLE ARTICLE 1 ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 .......................................................................................................................................... 2

3 INTENT & PURPOSE .................................................................................................... 4 RECOGNITION & SCOPE ........................................................................................... 5 NON-DISCRIMINATION ............................................................................................. 6 CONTINUITY OF OPERATIONS ................................................................................ 7 COMPANY REGULATIONS ........................................................................................ 8 MANAGEMENT RIGHTS ............................................................................................ 9 ADJUSTMENT OF GRIEVANCES .............................................................................. 11 SENIORITY .................................................................................................................... 15 HOURS OF WORK & WORKWEEKS ......................................................................... 16 LEAVES OF ABSENCE ............................................................................................... 18 GENERAL WAGE PROVISIONS .................................................................................. 19 OVERTIME COMPENSATION ..................................................................................... 20 HOLIDAYS ..................................................................................................................... 21 VACATION ..................................................................................................................... 22 INSURANCE ................................................................................................................... 23 HEALTH & WELFARE .................................................................................................. 24 SICK LEAVE ................................................................................................................... 25 MISCELLANEOUS PROVISIONS .................................................................................. 27 DUES CHECK-OFF ........................................................................................................... 29 FUNERAL LEAVE ........................................................................................................... 30 JURY DUTY ..................................................................................................................... 31 HEALTH & SAFETY ....................................................................................................... 33 SEPARABILITY OF CONTRACT .................................................................................. 34 DURATION ......................................................................................................................

SIGNATURE PAGE APPENDIX 1

35

36 DRUG & ALCOHOL POLICY ........................................................................................

PREAMBLE This Agreement is entered into this 1st day of October, 2013, by and between G4S Government Solutions, Inc., hereinafter referred to as the "Company," and the International Union, Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local108, hereinafter referred to as the "Union. The parties acknowledged that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understanding and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

ARTICLE 1 INTENT & PURPOSE This Agreement evidences the desire of the parties to promote and maintain harmonious relations between the Company, its employees, and the Union as their representative. It is the intent and purpose of this Agreement to assure sound and mutually beneficial industrial and economic relationships between the parties, to provide an orderly and peaceful means of resolving grievances, and to set forth the basic agreement between the parties covering rates of pay, wages, hours of work and other conditions of employment. The Union, the Company and all employees are bound by and hereby pledge their cooperation in observing all provisions of this Agreement.

ARTICLE 2 RECOGNITION & SCOPE The Company recognizes the International Union, Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local 108 as the exclusive collective bargaining representative for all employees designated by the National Labor Relations Board's Certification of Representatives issued on March 22, 2005, in case No. 10-RC-15505 including all full time and regular part-time Security Officers employed by the employer at the Holston Army Ammunition Plant located in Kingsport, Tennessee. Excluding all other clerical employees, confidential employees, captains, professional employees and supervisors as defined in the Act

ARTICLE 3 NON-DISCRIMINATION The Company and the Union agree they will not discriminate against any employee or applicant for employment because of race, creed, religion, sex, color, age, or national origin, or against the qualified physically handicapped. The parties further agree to comply with all applicable Federal Laws and Executive Orders pertaining to non-discrimination, including all orders issued by the Office of Federal Contract Compliance and any other orders which are applicable to government contract operations such as that conducted by the Company. As used herein, the words "he, "his, and "employee" refer to both male and female employees.

ARTICLE 4 CONTINUITY OF OPERATIONS The parties recognize the sensitive nature of the services provided by the Company to the U. S. Government and, therefore, agree that all operations of the Company shall during the term of this Agreement, continue without interruption. The Union collectively, and each employee individually, agree they will not, during the term of this Agreement, call, engage in or sanction in any way any strike, sympathy strike, work stoppage, slowdown, illegal picketing, sit-down, sit-in, boycott or any other interference with or interruption of the Company's operations for any reason whatsoever. The Union collectively, and the employees individually, hereby expressly waive any statutory right they may have to engage in any such activity during the term of this Agreement. During the life of this Agreement, there will be no lockout of the employees. In the event of any work stoppage, by another labor group involving the client's property or operations, employees will continue to man posts and carry out assignments for the protection of life, property, and protection of security interests. Any employee during the term of this Agreement who engages in any of the activities described in paragraph 2 above shall be subject to immediate disciplinary action up to and including discharge.

ARTICLE 5 COMPANY REGULATIONS Any rules, regulations, or directives which are now in effect, or which may be later imposed upon the Company by its Client, the Department of the Army (DOA), or any other Governmental Agency having jurisdiction will apply with equal force and effect to the employees hereunder. Employees are also required to adhere to Company Rules and Regulations, not withstanding any possible conflict with any provisions of this Agreement. Copies of Rules and Regulations so imposed will be made available to the Union upon request.

ARTICLE 6 MANAGEMENT RIGHTS Except as provided elsewhere in this Agreement, the full right and authority to administer and/or manage the Company's business, including but not limited to the direction of the working force, the right to plan, direct, expand, reduce and control operations, to hire, to assign, to transfer, to suspend, discipline or discharge for just cause, to relieve employees from duty because of lack of work or at client request, and the right to introduce any new methods and to make reasonable rules and regulations as may be necessary for the successful operation of the facility involved herein shall be vested exclusively in the Company. Any major changes to methods, rules, and/or regulations will be discussed with the Union prior to implementation. This statement of management rights which remains unimpaired by this Agreement is not intended to exclude others, which are not mentioned herein. In exercising these rights, it is also agreed the Company will not violate any of the provisions of this Agreement.

ARTICLE 7 ADJUSTMENT OF GRIEVANCES For the purposes of this Agreement, the word grievance shall mean any dispute between the Employer and the Union, or between the Employer and an employee as to specific meaning, application, or interpretation of the terms of this Agreement. A probationary employee shall not have any rights under this Article. Informal Step: The employee and/or his or her Union representative shall present the grievance or dispute orally to the Captain within five (5) business days of its occurrence or when the employee knew, or by reasonable diligence should have known, of its occurrence. The Captain shall orally respond to the grievance within five (5) business days. Step 1: If the grievance is not settled at the informal step, employee and/or his or her Union representative shall, within five (5) business days of the date the Captain responded, submit the grievance in writing to the Security Chief or his designee. The Security Chief shall respond to the grievance within five (5) business days of receipt of the grievance. Step 2: If the grievance is not resolved in Step 1, the Local Union President or his designee will request, in writing, review of the grievance by the Site Project Manager or his designee within seven (7) working days of the denial by the site Security Chief or his designee. The Site Project Manager or his designee shall respond in writing within seven (7) working days of the presentation of the grievance. Step 3: If the grievance is not resolved in Step 2, the Local Union President or his designee within ten (10) days of the denial by the Site Project Manager or his designee, will submit the grievance, in writing, to the Company Sr. Manager, Labor Relations, or his/her designee, and the International Union, Regional Director or his designee. The Company Sr. Manager , Labor Relations and the Project Manager or his/her designees, and the International Union, Regional Director and the Local Union President will meet on the grievance at a mutually convenient time and/or place. This meeting may take place telephonically due to the wide spread geographical locations of the parties. The Sr. Manager, Labor Relations shall respond in writing with ten (10) working days of the hearing on the grievance. Grievances which have been processed in accordance with the requirements of the above Paragraph and which remain unsettled shall be processed to arbitration in accordance with the following procedures and limitations: a. The Union, within twenty (20) days after the rejection of the grievance by the Sr. Manager , Labor Relations or his/her designee, will in writing, notify the Company of its intent to invoke arbitration, and the Company and the Union will jointly attempt to agree upon the selection of a neutral arbitrator to hear the case. Should the parties fail to agree upon the selection of an arbitrator, the Union will request the Federal Mediation and Conciliation Service to supply a list of seven (7) arbitrators to hear the case. A copy of this request will be sent to the Company. This request will be made within five (5) days after failure of the parties to agree upon an arbitrator. An arbitrator will be selected from the list supplied by the Federal Mediation and

Conciliation Service by the parties alternately striking from the list until one name remains and this individual will be the arbitrator to hear the case. b. The arbitrator may make such investigations as he/she deems proper and may examine the witness or witnesses of each party. Each party shall have the right to cross-examine the witness or witnesses of the other party. When an investigation is conducted by the arbitrator, he/she shall be accompanied by at least one (1) representative of the Company and the Union. c. The decision of the arbitrator shall be submitted in writing and shall be final and binding to all parties to this Agreement. Unless written authority is given, the decision shall be made within thirty (30) days following the close of the hearing. Each party hereto shall bear the expenses of preparing and presenting its own case. The cost and all expenses of the arbitrator shall be borne equally by the parties. d. The arbitrator's authority shall be limited to finding a direct violation of the express purpose of the contract provision or provisions in question other than an implied indirect purpose. The arbitrator cannot modify, amend, add to, detract from or alter the provisions of this contract nor substitute his/her judgment for that of management. In the event that an arbitrator shall determine that an employee has violated a Company rule, regulation or policy for which said employee was charged, the arbitrator shall not have the right to reduce, modify, or in any way alter the penalty assessed by the Company. Any grievance involving discharge, layoff or other potential accumulating back pay liability shall be commenced at Step 2 of this procedure and the written grievance shall be presented to the Project Manager in charge of the operation, or in his/her absence, to his/her designee within five (5) days after the occurrence of the facts giving rise to the grievance. Any grievance shall be considered null and void if not filed and processed by the Union, or the employees represented by the Union, in strict accordance with the time limitations set forth above. There shall be no recognition of a continuing grievance so as to frustrate the intent of strict adherence to these time limitations. Failure of the Company to act within the time limit set forth in any step shall entitle the Union to proceed to the next step of the grievance procedure. In a particular case, any time limit specification may be extended by mutual agreement between the Company and the Union. The party requesting the time limit extension will confirm, in writing, the agreed-upon extension date(s) to the other party for signature.

10

ARTICLE 8 SENIORITY During the first ninety (90) days an employee is employed, he shall be regarded as a probationary employee and shall have no seniority rights whatsoever, however, after the employee has completed ninety (90) days of employment, his seniority shall accrue from the most recent day of full time hire by the Company. While an employee is a probationary employee, he may be disciplined or discharged by the Company without recourse to the grievance procedure. Seniority under this Agreement shall be the first day of full time or employment. Seniority of employees who start work on the same date and shift shall be determined by the lowest of the last four digits of their social security number (SSN). Vacancies in the bargaining unit will be made on the basis of seniority and the ability to perform the job, to include experience and work record, but if two (2) employees are equally qualified, the senior employee will be given the vacancy. Upon request, employees will be provided the reason for being passed over. Layoff due to reduction in force and any subsequent recall shall be on the basis of seniority, provided the senior employee has the qualifications and ability to perform the work. The employee with the least seniority shall be laid off first. Recall from layoff will be in the inverse order of layoff. a. Recalls thereafter shall be affected on a seniority basis to the extent that employees are qualified to fill the available assignments. Laid-off employees shall have call back rights for a period of 12 months and shall retain their accumulated seniority while on layoff, but will not continue to accrue seniority during the period of layoff. In case of re-employment, employees who have been laid off shall be notified, at their last known address. The notice will be by certified mail return receipt. In the event a former employee so notified fails to report for work within five (5) days after receipt of such notice, his/her seniority shall be terminated. It will be the responsibility of the laid-off employee to keep the Company notified of any change of address. b. An employee who is given a notice of recall after a layoff shall notify the Company of his intent to return to work with twenty-four (24) hours, excluding Saturdays, Sundays, and holidays, after receipt of the notice is sent to his last known address by certified mail, return receipt requested. Such recall shall be made prior to hiring new employees if the laid off employee is able to return to work within five (5) days after such notice is provided for above, unless such time is extended by mutual consent. The Company agrees to prepare 2 site seniority lists (full time and part time) for employees covered by this Agreement, a copy of which will be furnished to the Union quarterly. The seniority lists will be kept up to date quarterly by the Company or sooner if there are changes. If an employee who is promoted within the bargaining unit is found not capable of performing the job during the first ninety (90) days, he shall revert to his former classification without loss of
11

seniority once a replacement has been identified and OJT as needed. An employee may also voluntarily elect to revert back to his former classification without loss of seniority. However, if an employee chooses to revert back to his former classification, he shall not be reconsidered for one (1) year. An employee in the bargaining unit who is promoted to a supervisory position over bargaining unit employees shall retain that seniority which he had at the time of his promotion for a probationary period of ninety (90) days. If the Company chooses to return said employee into the bargaining unit within the ninety (90) day probationary period, he will return to a job which his retained seniority enables him; however, if the promoted employee wishes to remain in the supervisory position and works one (1) day past the probationary date of said employees promotion to a supervisory position, then said employee will no longer retain any seniority in the bargaining unit. A promoted employee may voluntarily elect to revert back to his former classification in the bargaining unit only during the first ninety (90) days after his promotion. The Company agrees to prepare separate seniority lists for all full time and part time employees; a copy of which will be furnished to the Union and a copy posted on the bulletin board. Revised seniority lists shall be prepared and furnished to the Union at the expiration of each six (6) month period. These seniority lists will place all employees in Seniority order based on their hire date at Holston Army Ammunition Plant regardless if they are full time or part time. However, for purposes of layoff and OT fills, the procedures as set forth in this Article above and in Article 12, Overtime Compensation. The decision as to the number of employees to be scheduled for training/retraining, and the number of Security Officers to be utilized at any one time shall be at the sole discretion of the Company. The Company retains the unilateral right to implement the contractual standards for qualifying Security Officers and the method of administering those standards; such standards and the method of administering such standards, equally applied to all employees may not be the subject of a grievance under the Grievance/Arbitration provisions of the Agreement. Employees may lose their seniority, and employment shall be terminated for any of the following: (a) (b) (c) (d) Is laid off for more than twelve (12) months or length of employment, whichever is less is absent for on-the-job or off-the-job illness or injury for more than twelve (12) months (excluding FMLA leave) or length of employment, whichever is less. Discharge for just cause Employees who have not notified the Company after three (3) consecutive work days will be assumed to have terminated their employment unless the reason for such absence is beyond the control of the employee. Overstays a leave of absence without just cause Gives a false reason for a leave of absence and/or engages in other employment during such leave.
12

(e) (f)

(g) (h) (i) (j)

Fails to meet qualification/requalification requirements in accordance with DOA and/or other Governmental Agencies regulations having jurisdiction Fails to return from layoff upon recall as provided in paragraph 3 above If he/she voluntarily resigns or retires Is denied site access by the Client. This termination is not grievable. The Company will provide the Union with a copy of the correspondence from the client removing the employee from the Site.

The senior employee who desires the shift and days off due to said vacancy will be given his Part time employees will have seniority only among part-time employees. Any part-time employee who becomes a full-time employee shall be placed upon the seniority roster for full-time employees on the date he/she is termed a full-time employee, provided the employee has completed a probationary period as set forth in Paragraph 1 above. For purposes of this Agreement, a part-time employee is defined as an employee who is regularly scheduled to work a less than forty (40) hour workweek. Full-time employees, who, after completing their probationary period, are thereafter voluntarily placed on the part-time roster, will not retain their full-time seniority while working as a parttime employee. If they later return to full-time employment, they will be placed at the bottom of the seniority roster. In the event of a layoff, probationary and part-time employees will be laid off before any full-time employees. The Company shall carry no more than 25% of the workforce, as part time employees. However, part time employees will be required to work at least 24 available hours per week Part time employees shall not gain seniority on the full time seniority roster until such time as they become a full time employee. Should a vacancy occur on any shift, the following procedure will be used in filling that vacancy: preference to the shift and available days off provided he notifies the security captain in writing, following the guidelines as set forth in this article. Regardless of the situation, Management reserves the right to place personnel in the following: Dispatch and Post 4. All vacancies with the exception of those listed in paragraph 13 above will be restricted to the initial vacancy. If the senior employee is absent for any reason at which time a vacancy occurs on a shift; three (3) attempts on three (3) separate days (1st, 3rd, and 5th) will be made to contact said individual concerning the vacancy. If the individual cannot be contacted, he forfeits his right to bid on the vacancy. All vacancies occurring on a shift shall be posted for five (5) calendar days and filled from applicants within 15 days thereafter.. To be eligible for a vacancy, an employee must bid for the shift in writing before the five (5) calendar days have expired. An employee who has been laid off from full time status, but is retained as a part time employee shall retain his full time seniority strictly for the purpose of computing continuous service with the Company and to reconcile any seniority disputes which may arise between employees. If the
13

employee is laid off and no work is available to him as a part time employee, then the employee has recall rights for twelve (12) months as provided in Section 8.4. Under no circumstances can it be construed that an employee in part time status has any rights to benefits provided to full time employees.

14

ARTICLE 9 HOURS OF WORK & WORKWEEKS The workday is defined as the 24 hour time period commencing with the employees regular starting time. For payroll purposes the normal workweek shall commence at 0001 a.m. on Monday and end 168 hours thereafter. The normal basic hours of work for employees covered by this Agreement shall be eight and four tenths (8.4) hours per day or forty two (42.0) hours per week; and a 12 hour rotating shift consisting of four consecutive 12.4 hour days and three consecutive 12.4 hour days. However, nothing herein shall be construed as guaranteeing any specified number of hours of work or pay per week Days off for full-time employees shall be consecutive wherever reasonably possible following group rotation and set days off. Work schedules shall be posted five (5) days prior to the beginning date, if possible, for the following seven (7) day period. Employees may mutually agree to exchange schedules, provided the Shift Supervisor approves. It is understood that the Company may first attempt to fill any scheduled or unscheduled absence with any full time first and then part time employee that does not cause an overtime situation. However, if the absence can only be filled at an overtime rate, it shall be distributed among employees as equally as possible. When an absence occurs that will cause overtime, the following Company/Union OT procedure will apply. Any employee called in to work at a time other than his normal shift will be guaranteed four (4) hours work or four (4) hours pay at the applicable hourly rate. A call out is considered to be after an employee has completed his normal shift and has punched out and departed from Building 140. When an employee is scheduled and reports for work at his regular starting time, and upon instruction of his supervisor is not used, he shall be paid for four (4) hours at his regular rate of pay. Overtime rates of one and one-half (1 1/2) times the regular rate of pay shall be paid for all time worked in excess of forty (40) hours in any one (1) work week. The following hours shall be counted as time worked for the purpose of computing overtime vacation, funeral leave, jury duty, or duty as a witness if it is work related.

15

ARTICLE 10 LEAVES OF ABSENCE Non-probationary employees may be eligible for the following unpaid leaves of absence in accordance with the procedures set forth below. All leaves of absence shall be requested in writing and be submitted not less than two (2) weeks prior to the effective date of said leave. Upon receipt of such request the Company will respond to the employee in writing either approving or disapproving the leave. (a) Military Leave Leaves of absence for the performance of duty with the U.S. Armed Forces, or with a Reserve component thereof (excluding two day a month requirements) shall be granted in accordance with applicable law. A copy of the employees orders must be provided the Company prior to the effective date of the leave. (b) Union Leave Employees who accept a full-time position with the Union shall be granted a leave of absence not to exceed twelve (12) months without affecting his seniority rights. Such leave may be renewed on an annual basis if requested in writing prior to the expiration of the leave. Employees elected or appointed to attend a Union convention shall be granted a leave of absence not to exceed two (2) weeks annually. The Union will notify the Company not less than two (2) weeks prior to such leave. Union leaves shall be limited to not more than two (2) employees at any one time. (c) Medical Leave Employees may be granted a medical leave in accordance with the Family Medical Leave Act (FMLA) during which time the employee shall continue to accrue seniority. Seniority shall not accrue after twelve (12) weeks of leave. Such leave may be granted upon written request of the employee. Should the Family Medical leave be related directly to the employee's or family member's serious health condition a medical certification must be presented prior to the leave or as soon as practicable after the illness commences. The Company, may require at Company's expense, the employee be examined by a doctor designated by the Company to confirm the need for a leave. The Company may require a periodic physician's verification for continued leave of absence. The Company will require a doctor's release for return to work, without work restrictions, when the employee serves notice of his/her intention to return. Upon his/her return, the employee exercises his/her seniority into his/her previous classification. (d) Personal Leave

16

A full-time employee may be granted unpaid leave for personal reasons, at the sole discretion of the Company, where such employee has exhausted his vacation and sick leave eligibility and operational conditions and personnel availability permit.

17

ARTICLE 11 GENERAL WAGE PROVISIONS During the term of this Agreement, employees shall receive the following minimum hourly rates of pay on the dates indicated. Effective 10/1/2013 $13.40 $14.20 Effective 10/1/2014 $13.77 $14.59 Effective 10/01/2015 $14.15 $14.99

Classification Security Officer Security Dispatcher

18

ARTICLE 12 OVERTIME COMPENSATION Overtime at the rate of time and one-half will be paid for all hours worked in excess of forty (40) in any one workweek. No overtime work shall be required or permitted, except by direction of the proper supervisory personnel of the Company, except in cases of emergency where prior authority cannot be obtained. There shall be no pyramiding or duplication of premium or overtime pay. In the event more than one premium seems to be due under this Agreement, only the higher premium shall apply. Overtime will not be offered if the available hours can, at the option of the Company, be filled by part-time employees at a straight-time rate of pay. In the event of a no-show, the employee on duty will be held over until his/her replacement reports for duty. Such employees total shift shall not exceed 12.4 hours if assigned to an 8 hour shift, and employees total shift shall not exceed 16.4 hours if assigned to a 12 hour shift. In the event overtime cannot be filled from the volunteer overtime list, then the Company has the right to mandate the overtime be worked. Mandated overtime applies to all members of the security force. Mandated overtime will be rotated whenever possible. The Company and the Union will develop an overtime procedure that will be used to guarantee the distribution of overtime as equally as possible. The parties agree that the overtime Procedure is a living document and that any changes or alterations of this procedure in the future will be made by mutual agreement.

19

ARTICLE 13 HOLIDAYS During the term of this Agreement the Company will provide full-time non-probationary employees the following paid holidays: New Years Day Memorial Day 4th of July Labor Day Veterans Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Christmas Day Employees Birthday

Eligible employees who do not work on a holiday listed above will be paid eight (8) hours pay at their straight-time hourly rate, provided the employee has completed his/her last scheduled shift prior to the holiday, his/her next scheduled shift after the holiday and has not called-off on such holiday, if scheduled to work. Hours paid under this paragraph will not be considered as hours worked for the purpose of computing overtime. Eligible employees who work on a holiday listed above will be paid at their straight-time hourly rate for all hours worked on the holiday, plus eight (8) hours holiday pay at their straight-time hourly rate. When holiday shift manning requirements are reduced, employees normally scheduled to work on that shift will be offered the available work on a seniority basis. Part time employees earn holidays based on a pro rata basis based on the number of hours they work the week preceding the holiday.

20

ARTICLE 14 VACATION After one (1) year of continuous service, the Company will provide 80 hours paid vacation annually, for full-time employees. After five (5) years of continuous service, the Company will provide one hundred twenty (120) hours paid vacation annually, for full-time employees. After ten (10) years of continuous service, the Company will provide one hundred sixty (160) hours paid vacation annually, for full-time employees. Employees are eligible to take vacation after their anniversary date of employment each year. Vacations must be taken in the twelve (12) month period following each anniversary date of employment, and cannot be carried over from one anniversary year to another. Pro-rata vacation shall not be paid. Any employee who has not earned vacation at the time of termination shall not be entitled to any percentage or part thereof, however an employee who has earned a full vacation and their employment is terminated prior to taking vacation shall be entitled to vacation pay, unless the employee has been discharged for cause involving monetary or material loss by the Company. If a holiday named in Article 13 Paragraph 1 hereto falls during an employees vacation period, such employee shall be entitled to receive pay for such holiday (eight (8) hours at the employees straight-time hourly rate), or another day off with pay (eight (8) hours at the employees straighttime hourly rate) scheduled by mutual agreement between the employee and the Supervisor. Hours paid under this paragraph will be considered as time worked for the purpose of computing overtime. Vacation preferences shall be submitted to the Company for approval, and the most senior employee shall be given preference, the time when each employee takes his/her vacation shall be determined by the Company and shift staffing requirements shall be considered. Employees entitled to vacation will not be given pay in lieu thereof unless mutually agreed to by the Company and the employee. There will be no carrying over vacation hours into the next contract year. All unused hours of vacation will be paid out on the employees anniversary date.

Employees may take one (1) week (40 hours) of vacation or one (1) day (8 hours) at a time, provided the employee submits a vacation request, in writing, to their supervisor not less than 72 hours in advance. Employee will be required to schedule at least one (1) week of vacation time off consisting of five (5) consecutive work days. Employees are required to submit vacation requests in writing to their supervisor on or before January 31st of each year. Unscheduled vacation thereafter will be granted by seniority on a first-requested basis. Part time employees will accrue vacation on a pro rata basis based on the number of hours they work.
21

ARTICLE 15 INSURANCE The employees have chosen NOT to participate in the Company or Union Medical Benefits Plans, or any other fringe benefits the employees currently are participating in. However, the Union reserves the right to participate in the Company sponsored Medical Plans or the Union Sponsored Medical Plans each year during Open Enrollment. If the Union decides to participate in either plan, the entire workforce must participate. There may only be one plan chosen (Company or Union) each year during open enrollment. Notification to the Company of the Unions desire to participate must be given at least 30 days prior to open enrollment. The open enrollment period at the Holston Army Ammunition Plant begins the month of February for a March 1st start date each year.

22

ARTICLE 16 HEALTH & WELFARE Effective October 1, 2013 the Company will pay to each employee $3.90 per hour for all compensated hours up to a maximum of forty (40) hours per defined workweek or 2,080 hours per year. Effective October 1, 2014, the Company will pay to each employee $4.00 per hour for all compensated hours up to a maximum of forty (40) hours per defined workweek or 2,080 hours per year. Effective October 1, 2015, the Company will pay to each employee $4.10 per hour for all compensated hours up to a maximum of forty (40) hours per defined workweek or 2,080 hours per year. These H&W rates will be made to employees through direct deposit as part of wages.

23

ARTICLE 17 SICK LEAVE During the term of this Agreement full-time non-probationary employees shall accrue four (4) Sick Leave hours for every one (1) month worked not to exceed forty-eight (48) hours per anniversary year of employment. Sick Leave hours shall be paid at the employees straight-time hourly pay rate, eight (8) hours per day. Sick Leave hours paid will not be considered as hours worked for the purpose of computing overtime. Sick Leave hours may be carried over from one anniversary year to another with a maximum accrual of three hundred sixty (360) hours. Upon termination of employment, Employee shall forfeit any accrued but unused Sick Leave. An employee shall notify the supervisor on duty at least three (3) hours before the employees scheduled starting time for work that he will be absent due to sickness or injury, except in the case of extenuating or emergency circumstances. An employee who is absent for six (6) calendar days or more shall notify the supervisor on duty at least twenty-four (24) hours in advance of his shift that he intends to return to work so as to permit proper scheduling of the work force. Sick pay will commence on the first day of employees illness. Any employee who is absent for two (2) calendar day or more shall bring evidence of having consulted a physician regarding that illness The Company retains the right to ask for an excuse for less than 2 days if abuse is suspected. Part time employees are not eligible for sick leave. However, should a full time employee go to part time status either voluntarily or forced, that employee will not lose any accrued sick leave nor will they earn further sick leave while in part time status.

24

ARTICLE 18 MISCELLANEOUS PROVISIONS The Union recognizes that it is the responsibility of employees to familiarize themselves with reasonable rules established by the Company's client, and faithfully to report all violations thereof. The Union agrees that employees shall discharge all duties as assigned to them impartially and without regard to any Union or non-Union affiliation of any employee of the Company's client, and that failure to do so constitutes sufficient cause for discipline, up to and including discharge. It is understood between the parties that no provision of this Agreement will apply to any supplementary guard force working during the existence of a labor dispute involving the client's employees; such supplementary force will not result in job loss or in the loss of normal hours to permanent employees coming under this agreement while the supplementary force is being utilized. The Union recognizes the principle of management responsibility, and that the Company must furnish satisfactory service in accordance with the demands of the Company's clients and the requirements of the particular job. Qualified employees will receive their applicable rate of pay for time spent for required training and annual weapons requalification. Written notice of disciplinary action involving dismissal or suspension from duty shall be provided to the affected employee. A copy of all discipline or reprimand notices will be provided to the individual employee concerned, and said employee shall sign the first copy of said notice to acknowledge his/her receipt only. Employees may request to view their personnel file at reasonable times with prior notice. The Company and the Union agree to share the cost of having this Agreement printed and will furnish the Union sufficient copies for distribution to the bargaining unit. The Company shall provide for a Bulletin Board for use by the Union with the understanding the Union shall neither post nor distribute any letters, handbills, or notices etc., elsewhere on the site. Bulletin Board postings shall be limited to: Notices of recreational-social events. Notices of election of Union officers. Notices of results of election Notices of meetings. Notices of official Union Business. The Union may designate one employee for each shift to act as its shop steward in the handling and processing of official grievances. Each shift may have one (1) alternate, who shall function as the shop steward only when the regular shop steward is absent or unavailable. The local Union will keep the Company currently advised, in writing, of the identity of the shop stewards and
25

their alternates, as well as the identity of the local Union officials, and only employees named by the local Union as currently holding any of the above positions will be recognized by the Company as representing the Union. The Company will furnish the regulation uniform and required equipment. Uniforms or equipment worn or used by the employees who are on duty shall be prescribed by the Company, and no deviation from the Company requirements shall be practiced except with the consent of the Company. Uniforms and equipment remain the property of the Company and/or Client. Damaged or worn out articles of clothing or equipment may be returned to the Company for replacement at no cost to the employee. The cost of replacement articles of clothing or equipment shall be borne by the employee if the articles of clothing or equipment are lost, stolen, or damaged as the result of the employees negligent or intentional conduct. All uniforms and Company and/or Client equipment must be returned to the Company upon termination of employment. Failure to comply with this requirement will result in the cost of said uniforms and equipment being deducted from any monies due the employee. The parties agree that all past disciplinary actions which occurred one (1) year or more previous of this contract will not be used as a basis for further disciplinary action against an employee. An employee called before any supervisor for alleged violations of rules and regulations that may result in disciplinary action may, at his/her request, have a Union Representative with him/her. Employees will be permitted to exchange post assignments with approval of the Shift Supervisor. As a condition of employment, all employees must elect direct deposit at an agreed upon Bank or Credit Union. The Joint Labor/Management committee will meet on a quarterly basis to promote a better understanding between the Company and the Union. This forum is not for the purpose of discussing grievances. No more than 2 representatives from each side shall attend the meeting. The meeting shall be held at a time, place, and be of duration mutually agreed to by the parties. Either side that wishes to discuss topics shall present an agenda of said topics to the other side no less than seven (7) days in advance of the scheduled meeting date.

26

ARTICLE 19 DUES CHECK-OFF SECTION 1: All officers hereafter employed by The Employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment. SECTION 2: An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union, whichever employed under, and for the duration of, this Agreement. SECTION 3 Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988). SECTION 4: In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the Employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the Employer and the officer, and the Employer will not be required to discharge that officer.

SECTION 5: Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

27

Dues Check off SECTION 1: The Employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the Employer to do so on a properly executed payroll deduction card in the form attached as Appendix C. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted, along with a summary sheet including the names, addresses, social security number and local union number of officers and the amount of dues deducted from each, shall be remitted to the Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month and The Employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld. The Employer will provide to the International quarterly reports that will include officers name, address, city, state, zip code, and current wage rates, sorted by Union Local. The Employer shall also inform The International Secretary/Treasurer, in writing, of the change of status of any bargaining unit employee, i.e. medical leave, military leave, promotion out of the bargaining unit etc. SECTION 2: The Union agrees it will promptly furnish to the Employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the Employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made. SECTION 3 The Union agrees to indemnify the Employer against any loss or claim, which may arise as a result of The Employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the Employer any erroneous or improper overpayment made to it.

28

ARTICLE 20 FUNERAL LEAVE During the term of this Agreement, in the event of death in the immediate family of a full-time employee, the employee will be granted up to three (3) days funeral leave with pay for the purpose of attending the funeral, not including such employee's days off, providing the employee substantiates the need for such leave. Pay hereunder shall be at the employee's straight-time hourly rate; however, such pay will not be applicable if the employee receives pay for such days off under any other provisions of this Agreement. For the purpose of this Article, the "immediate family" is defined as follows: Employees Parents, Grandparents, Siblings, Spouse, Children and Grandchildren and the Parents, Grandparents and Siblings of the Employees Spouse. An employee must attend funeral or services to be eligible for payment provided in this Article. Employees may be requested to provide documentation in order to receive pay under this Article.

29

ARTICLE 21 JURY DUTY A regular "full-time" Security Officer will be granted a leave of absence to perform Jury Duty. Such Security Officer will be paid the difference, if any, between his/her Jury Duty pay and his/her regular straight time hourly rate for a maximum of ten (10) days. Reimbursement shall be payable only if: a. b. The Employer receives prior notification. Security Officer provides evidence to the Employer that the Jury Duty was performed on the day or days for which reimbursement is claimed.

30

ARTICLE 22 HEALTH & SAFETY The Union's role in health and safety is advisory. The Company encourages the Union's active participation. The Company and Union recognize the importance of maintaining a safe working environment, cooperating toward the objective of eliminating health and safety hazards by educating, training, and expecting employees to follow all health and safety rules and procedures. The Union recognizes the desirability of maintaining safe and clean working conditions at all times and agrees to cooperate with the Company in maintaining these conditions. Occupational accident, injury, and illness records shall be kept and maintained by the Company. No employee who, in good faith, believes that there exist an unsafe condition, changed from the normal hazards inherent in the operation, so that there is risk of death or serious injury, shall be required to continue work on that job until its safety is evaluated. The Company will provide approved protective clothing and safety equipment, as necessary, for the safety and health of all employees. If an employee sustains an injury or occupational disease covered under the Tennessee Worker's Compensation Act, the employee shall be examined and treated at no cost to the employee, including specialty care directed by the Company physician. a. If the Company physician directs special care, the Company shall provide pertinent information to the examining physician. For each examination under this paragraph, the Company shall make available to the employee upon written request the following: (1) (2) (3) The results of the medical examination and tests. The physician's opinion concerning the employee's health status. The physician's recommended limitations, if any, upon the employee's continued occupational activity.

b.

c.

A written opinion obtained by anyone shall not reveal specific findings or diagnoses unrelated to this occupational injury or illness. Copies of an employee's medical record including but not limited to those items described in paragraph (b) above shall be made available to the employee upon submission of a written authorization signed by the employee.

d.

Committees appointed by the Company to investigate accidents in which a bargaining unit


31

employee has been injured would include an appropriate bargaining unit employee.

32

ARTICLE 23 SEPARABILITY OF CONTRACT In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction or through government regulations or decree, such decision shall not invalidate the entire Agreement and the parties hereto agreed renegotiate such provision or provisions of this Agreement for the purpose of making them conform to the decree or such government statutes so long as they shall remain legally effective. It is the express intention of the parties hereto that all other provisions not declared invalid shall remain in full force and effect.

33

ARTICLE 24 DURATION Except as otherwise provided herein, this Agreement becomes effective on October 1, 2013, and shall continue in full force and effect until midnight, September 30, 2016 and from year to year thereafter, unless either party receives written notice from the other party, not less than sixty (60) days, nor more than ninety (90) days, immediately prior to the expiration date, of its intention to amend, modify or terminate this Agreement, provided that if the Company shall cease to operate guard services at this site, this contract shall automatically terminate and the rights and obligations of both the Union and the Company hereunder, shall automatically cease except with reference to those employees covered herein shall remain in the employment of the Company for the purpose of performing work arising from the termination provisions of the Company agreement with the Client, and as to such employees, this Agreement shall continue in effect until termination of employment of such employees.

34

APPENDIX 1 DRUG AND ALCOHOL POLICY FOR FEDERAL CONTRACTS OR GRANT RECIPIENTS

PURPOSE

To ensure that all G4S Government Solutions, Inc. locations that are receiving federal government contracts or are grant recipients of $25,000 or more are in compliance with the provisions set forth in the Drug-Free Workplace Act of 1988. All management personnel working on federal government contracts are to ensure that the following procedure is implemented on the local level. (A violation of the policy may lead to termination of the government contract, suspension of payments, or debarment.) Interpretation and administration of the provisions of this policy must be conducted in close coordination with the Human Resources Department at Headquarters. Except when undergoing prescribed medical treatment, as stated below, any unlawful use, sale, distribution, manufacture, or possession of narcotics, drugs, controlled substances or alcohol, while on duty, or on Company property, is an offense subject to termination of employment. Off the job use of substances or alcohol which adversely affects an employees job performance, or which jeopardizes the safety of other employees, the public or Company equipment, is proper cause for administrative or disciplinary action up to and including termination of employment. The illegal use, sale, or possession of narcotics, drugs, or controlled substances, at any time, shall be proper cause for severe disciplinary action up to and including, termination of employment. Employees undergoing prescribed medical treatment with a controlled substance should immediately report this treatment to their supervisor. Although not grounds for disciplinary action, the use of controlled substances, as part of a prescribed medical treatment program, requires a medical certificate from the prescribing physician stating that job performance will not be impaired by treatment. If job performance could be impaired, a medical leave of absence is required. At several locations, the Companies tests for controlled substances. Employees may receive information from local management regarding such testing and disciplinary action for positive results or failure to submit to urinalysis or blood screening.

RESPONSIBILITY

POLICY

36

DRUG AND ALCOHOL POLICY FOR FEDERAL CONTRACTS OR GRANT RECIPIENTS PROCEDURE All employees must receive a copy of this Policy and then read and sign the Drug-Free Workplace Certification Form (W-170A) as well as the Urinalysis/Blood Test Release Form (W-170). Both forms should be permanently retained in the employees personnel file. Additionally, any convictions of employees for drug related violations will be reported to the federal contracting agency within ten days of learning about such conviction.

37

Vous aimerez peut-être aussi