Exhibit
10.39


 


AGREEMENT


 


BETWEEN


 


 


ITPEU, AFL-CIO


 


AND


 


PARAGON SYSTEMS, INC.


 


Covering Employees at


 


FLETC, Glynco, GA


 


 


	
  EFFECTIVE DATE :

  	
   

  	
  March 1, 2002

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  February 28, 2005

  



 

















 


TABLE
OF CONTENTS


 


	
  ARTICLE

  	
   

  	
  TITLE

  	
   

  
	
   

  	
   

  	
  PREAMBLE

  	
   

  
	
  I

  	
   

  	
  UNION RECOGNITION

  	
   

  
	
  II

  	
   

  	
  UNION SECURITY & MEMBERSHIP

  	
   

  
	
  III

  	
   

  	
  EQUAL OPPORTUNITY

  	
   

  
	
  IV

  	
   

  	
  ACCESS TO UNIT

  	
   

  
	
  V

  	
   

  	
  PROBATIONARY PERIOD

  	
   

  
	
  VI

  	
   

  	
  SENIORITY

  	
   

  
	
  VII

  	
   

  	
  DISCHARGE

  	
   

  
	
  VIII

  	
   

  	
  GRIEVANCE PROCEDURE

  	
   

  
	
  IX

  	
   

  	
  ARBITRATION

  	
   

  
	
  X

  	
   

  	
  MILITARY LEAVE

  	
   

  
	
  XI

  	
   

  	
  LEAVE OF ABSENCE

  	
   

  
	
  XII

  	
   

  	
  BEREAVEMENT LEAVE

  	
   

  
	
  XIII

  	
   

  	
  SHOP STEWARDS

  	
   

  
	
  XIV

  	
   

  	
  LAYOFFS AND RECALLS

  	
   

  
	
  XV

  	
   

  	
  WAGES

  	
   

  
	
  XVI

  	
   

  	
  OVERTIME

  	
   

  
	
  XVII

  	
   

  	
  HEALTH & WELFARE

  	
   

  
	
  XVIII

  	
   

  	
  PENSION

  	
   

  
	
  XIX

  	
   

  	
  VACATIONS

  	
   

  
	
  XX

  	
   

  	
  UNIFORMS & REQUIRED EQUIPMENT

  	
   

  
	
  XXI

  	
   

  	
  INDIVIDUALS CONTRACTS

  	
   

  
	
  XXII

  	
   

  	
  NO STRIKEOUT – NO LOCKOUT

  	
   

  
	
  XXIII

  	
   

  	
  HOLIDAYS

  	
   

  
	
  XXIV

  	
   

  	
  SICK LEAVE

  	
   

  
	
  XXV

  	
   

  	
  EMPLOYEE INJURY

  	
   

  
	
  XXVI

  	
   

  	
  GOVERNMENT REQUIREMENTS

  	
   

  
	
  XXVII

  	
   

  	
  GENERAL

  	
   

  
	
  XXVIII

  	
   

  	
  DURATION

  	
   

  



 

















 


PREAMBLE


 


 


THIS AGREEMENT is entered into by and between Paragon Systems, Inc., hereinafter
referred to as the “Company”, and ITPEU,
AFL-CIO, hereinafter referred to as the “Union”, as
representative of all non-supervisory employees, in the mutual interest of the
employees and the Company to promote and further the efficiency and economy of
operations, to provide orderly collective bargaining relations, a method for
the prompt and equitable disposition of grievances, and a method for the
establishment of fair wages, hours and working conditions for the employees
covered hereunder.  In making this
Agreement, it is recognized to be the duty of the parties to cooperate fully
with each other, both individually and collectively, for the advancement of the
purposes of this Agreement.


 


This Agreement supersedes any and all prior
Agreements between the Company and the Union.


 


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ARTICLE I - UNION RECOGNITION


 


Section A.


 


The Company hereby recognizes the Union as the sole bargaining agent
for all of its Security Guard
employees at FLETC, Glynco, GA
hereinafter referred to as the Base.


 


Section B.


 


Whenever
the words “employee” or “employees” are used in this Agreement, they designate
only such employees as are covered by this Agreement.  Whenever in this Agreement employees or jobs are referred to in
the male gender, it will be recognized as referring to both male and female
employees.


 


Section C.


 


This
Section understands that the parties hereto shall not use any leasing or
subcontracting device to evade the terms of this Agreement.  The Company shall give a copy of this
Agreement to the Contracting Officer at every Base where this Agreement is
applicable.


 


ARTICLE II - UNION SECURITY AND MEMBERSHIP


 


Section A.


 


Union Shop Provision to take effect if
prohibition law invalidated.


 


The
provisions of Article II, Section A, shall be deemed to be of no
force and effect in any state whose law governs this contract to the extent to
which the making or enforcement of such provisions is contrary to statutes,
constitutional amendment or the law of such state, provided, however, that
whenever any such court of last resort having jurisdiction of such questions
finds the state law to be invalid or inapplicable, the provisions of
Section A above shall immediately thereupon be deemed to cover the
bargaining unit or employees directly affected by such declaration of invalidity.


 


Section B.


 


If the
provisions of Article II, Section A shall be deemed to be of no force
and effect, the following shall govern: Employees who are members of the Union
on the date of execution of this Agreement, and employees who join the Union
subsequent to the execution hereof, shall maintain their membership in the
Union as a condition of employment during the term thereof.


 


Section C.


 


The Company
will deduct from the wages of any employee covered by this agreement said
employee’s dues as a member of the Union upon receiving the employee’s
voluntary and individual written authorization for the Company to make such
deductions, signed by the employee.  The
Union shall provide such authorization form. 
The Company will pay over to the proper officer of the Union the wages
withheld for such initiation fees and dues. 
The remittance


 


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shall be
accompanied by a list showing individual names, social security numbers; dates
hired and amount deducted.  The total
remittances are to be made not later than fifteen (15) days after
deduction.  The Union shall advise the
Company of the amount of the initiation fees and dues and the manner in which
it shall be deducted.  The amount so
withheld, less any amounts due to any improper withholding, shall be reported
to the Union monthly.


 


Section D.


 


Payment for
membership dues shall not be required as a condition of employment during
leaves of absence without pay in excess of thirty (30) days or during period of
permanent transfer to a classification not covered by this Agreement.


 


Section E.


 


In the
event of termination of employment, there shall be no obligation upon the
Company to collect dues until all other deductions have been made.


 


Section F.


 


The Company
will make available to the Union a list of newly hired and terminated employees
covered by this agreement.  Such lists
will be prepared monthly and will show the Name, Social Security number,
address, job classification and hire or termination date of such employees who
were hired or terminated during the month for which the list is prepared.


 


Section G.


 


The Company
shall notify the Union of all job openings within the unit covered by this
Agreement.  The Union may refer
applicants for such openings.  In interviewing
and hiring for such job openings, the Company will not discriminate against any
applicant referred by the Union. 
Nothing in this contract, however, shall be construed to create an
exclusive hiring hall arrangement, and the Company shall at all times be free
to advertise and list said job openings from any sources available to the
Company, including, but not limited to, employees employed by the Company at
other locations of the Company or its franchisees not covered by this
Agreement.


 


Section H.


 


The Company
shall be the judge of the qualifications of its employees, but shall give full
consideration, without prejudice to the members of the Union, provided that
they have the necessary qualifications.


 


Section I.


 


The Union
agrees to indemnify and save the Company harmless against any claim, suits,
judgements or liabilities of any sort whatsoever arising out of the Company’s
compliance with the provisions of this Union Security and Membership Article.


 


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ARTICLE III - EQUAL OPPORTUNITY


 


Section A.


 


In
accordance with the established policy of the Company and the Union, the
provisions of this Agreement will apply equally to all employees hereunder,
regardless of sex, color, age, race, creed or national origin.  The Company and the Union also recognize the
desirability of implementing the national policy of providing equal opportunity
to all persons and agree to work actively toward the implementation of that
policy.


 


Section B.


 


There will
be no discrimination against any employee on account of membership in, or
activity on behalf of, the Union.


 


ARTICLE IV - ACCESS
TO UNIT


 


Duly authorized representatives of the Union shall be permitted to
investigate the standing of all employees and investigate conditions to see
that the agreement is being enforced, provided that no interview shall be held
during rush hours, or unreasonably interrupt the duties of the employee.  The Union Representative shall notify the
Company before he/she shall take action with persons involved.  If the Employer is absent, the
representative of the Union shall contact the person in charge of the shift and
inform him of the circumstances.  The
Employer and the Union representative shall conduct themselves in such manner
as to carry out the intent and spirit of this section.


 


ARTICLE V - PROBATIONARY PERIOD


 


Section A.


 


Every new
or rehired employee after a break in seniority under Article VI of this
Agreement shall be on probation for the first ninety (90) days of such
employment.


 


Section B.


 


At any time
during the probationary period, an employee may be discharged for any reason,
and any such employee so discharged shall not have the right to file a
grievance or have other recourse to the grievance procedure.


 


SECTION C.


 


Any
employee promoted to a job classification covered by this Collective Bargaining
Agreement from a lower-paid classification shall be on probation for the first
ninety (90) days of employment in the new classification.  At any time during such a probationary
period, the Company may, for any reason, return the employee to that employee’s
former position without any loss of seniority, and any such employee shall not
have the right to file a grievance or have other recourse to the grievance
procedure with regard to any such return to former classification.  A promoted employee shall, during the ninety
(90) days of the period and thereafter, have the right to file a grievance and
resort to the grievance procedure


 


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with regard
to all other maters covered by this Agreement.


 


ARTICLE VI - SENIORITY


 


Section A.


 


It is
agreed that the Company and the Union will meet for the purpose of establishing
a seniority list for all employees employed in the unit at the time of the
signing of the Agreement.  Said
seniority list will be based upon official records of the Union, of the
company, its predecessors, and State and Federal Agencies, not later than
fifteen (15) days prior to the expiration of the Company’s contract covering
the Base.  The Company shall furnish the
Union and the successor contractor a list of its current employees together
with their dates of hire and the dates their last vacation pay was paid by the
Company.  The following Sections in this
Article shall become applicable and shall be in force and effect upon the
establishment of said seniority list. 
In establishing the initial seniority list for employees at the time of
the signing of this Agreement, employees transferred to the Base covered by
this Agreement shall receive seniority in accordance with their tenure of
service with the Company or its franchise as the case may be, regardless of
where such service was performed.  Other
employees transferred to the Base covered by this Agreement by the Company to
fill vacancies shall likewise receive seniority in accordance with their tenure
with the Company or its franchise, as the case may be, regardless of where such
service was performed.  Seniority shall
for all purposes of this Article be on the basis of job classification.


 


Section B.


 


In the
event that the Company finds it necessary to lay-off employees for any reason,
other than disciplinary, such lay-offs shall be on the basis of job
classification, i.e., the employee on duty in the establishment where the
layoff occurs having the shorter period of continuous service with the Company
shall be laid off before any other employee having a longer period of
continuous service.  The Company agrees
to give preference to such laid off employees in re-employment.  Senior employees shall have preference of
full-time employment at all times if equal distribution of work is
impossible.  Senior employees may,
however, exercise their seniority rights by taking a job in a lower
classification.


 


Section C.


 


Employees
shall have the right to select available work schedules by seniority in job
assignments for which they are qualified. 
Each employee shall be given his work schedule.


 


Section D.


 


Except as
otherwise provided in Section A of this Article, seniority shall be
measured from the date of the employee’s initial hire at the base with the
Company or a predecessor employer engaged in providing similar services at the
base, provided there has been no break in seniority under Section E of
this Article.


 


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Section E.


 


An employee
shall lose his seniority upon his retirement, resignation or discharge for just
cause.  An employee will be considered
to have resigned if he:


 


(1)                                  fails to report to
work on the day following expiration of an authorized leave of absence, unless
failure to report is due to conditions recognized by the Company to be beyond
the control of the employee and he reported such conditions as soon as
possible;


 


(2)                                  is on lay-off for
a period exceeding one (1) year;


 


(3)                                  is absent from
work for two (2) consecutive work days without properly notifying the Company
of the reason for absence even though the reason for such absence is beyond the
control of the employee; or in any event, fails to report for work as scheduled
without such reason;


 


(4)                                  fails, while on
layoff, upon notice from the Company that work is available, to report to the
Company for work as soon as practicable, but not later than seven (7) work days
and provided that the employee notifies the Company within three (3) days of
such notice that he will return to work within the seven (7) day period.


 


The Company
fulfills its obligation under this Section by sending notice by telegram
or by certified letter to the last known address of the employee.  It is the obligation of the employee to keep
the Company informed of his current address and telephone number.


 


Section F.


 


An employee
who has occupied a position with the Company covered by this agreement and who
accepts a position with the Company in a classification not covered by this
agreement will continue to accrue seniority for nine (9) months, after which
period he shall retain his accumulated seniority, provided he remains in the
employ of the employer.


 


ARTICLE VII - DISCHARGE


 


No employee
shall be discharged without just cause, and all dismissals will be subject to
the grievance procedure and arbitration clause.  All reprimands shall be in writing, with a copy given to the Shop
Steward.  Each reprimand shall be
cancelled after one (1) year.  Three (3)
reprimands shall result in immediate dismissal.  Theft, intoxication on the job, failure to perform work as
directed, illegal use of drugs and showing disrespect to management and
government personnel, shall result in immediate dismissal, regardless of the
number of prior reprimands.


 


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ARTICLE VIII - GRIEVANCE PROCEDURE


 


Section A.


 


A grievance
is defined as a claim or dispute by the employer or employee or the Union
concerning the interpretation or the application of this Agreement.


 


Section B.


 


All
grievances must be presented in writing and filed and processed in accordance
with the following exclusive procedure:


 


Step 1:            The employee who
has a grievance shall discuss it with the Project Manager either himself or
through his steward.  If the grievance
is not settled in the Step 1 meeting, it may be appealed by the Union
Representative to the Project Manager to Step 2 within five (5) days of the
Step 1 meeting.  Company grievances
shall be processed beginning with Step 2.


 


Step 2:            The Union
Representative and the Project Manager will discuss the grievance.  If the grievance is not disposed of to the
satisfaction of the party filing the grievance at Step 2, the grievance may be
appealed to Step 3 by the party or representative of the party filing the
grievance by filing a written appeal to the opposing party within seven (7)
days after Step 2.


 


Step 3:            Within seven (7)
days after the appeal of the opposing party, the parties (the Company
represented by its designated representative and the Union represented by its
designated representative) will attempt to settle the grievance.  The party being complained against shall
render the party’s decision within five (5) days of such meeting.  If the grievance is not disposed of to the
satisfaction of the complaining party, the grievance may be appealed to
arbitration by the party filing the grievance lodging a written appeal with the
other party within ten (10) days of receipt of such written decision.


 


Section C.


 


A grievance
involving discharge of an employee shall be brought directly to Step 2 and must
be filed within five (5) days of discharge.


 


Section D.


 


A grievance
not involving discharge shall be without effect unless filed in writing within
seven (7) days from the date the complaining party discovered the facts or
should have discovered the facts giving rise to the grievance.


 


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Section E.


 


At any step of the grievance procedure, the Company or the Union may
designate a substitute for the official designated herein other than persons
who have previously participated in such grievance. The officially designated
representative of either party may be accompanied by two (2) other persons at
any Step of the procedure except Step 1. The parties may mutually agree that
further representatives may be present.


 


Section F.


 


The time limits set forth in this Article may be extended mutually
in writing. Time limits are exclusive of Saturday, Sunday and recognized
holidays.


 


ARTICLE IX -
ARBITRATION


 


Section A.


 


Within ten (10) days after the filing of the notice of the intent to
submit the unsettled grievance to arbitration, the parties shall attempt to
mutually select an impartial arbitrator. If the parties are unable to agree within
five (5) days of that meeting upon the choice of an arbitrator, they shall
request the Federal Mediation and Conciliation Service to submit a list of five
(5) persons qualified to act as the impartial arbitrator. A representative of
the Company and a representative of the Union shall meet within five (5) days
of the receipt of the list and shall alternately strike two (2) names from the
list, the party to strike first to be selected by lot. The fifth (5th),
remaining person shall thereupon be selected as the impartial arbitrator.


 


Section B.


 


During the hearing, each party shall have full opportunity to present
evidence and argument, both oral and documentary. The impartial arbitrator will
render his finding and award in writing within fifteen (15) calendar days after
the conclusion of the hearing. The decision of the impartial arbitrator shall
be final and binding. The impartial arbitrator shall have no authority to
modify, amend, revise, add to or subtract from any of the terms or conditions
of this Agreement.


 


Section C.


 


The fees of the arbitrator and necessary expenses, including
transcript, if desirable, of any arbitration proceeding shall be borne equally
by the Company and the Union except that each party shall pay the fees of its
own counsel or representative. If an employee witness is called by the Company,
the Company will reimburse him for time lost at his regular straight time base
rate.  If an employee witness is called
by the Union or if an employee-grievant is present at the hearing, the Union
will reimburse such personnel for time lost.


 


9

















 


ARTICLE X - MILITARY LEAVE


 


Section A.


 


Employees shall be entitled to military leave in accordance with the
Universal Military Training and Service Act. The company will comply with all
requirements of that Act.


 


Section B.


 


An employee who is a member of a military reserve unit and who is
required to participate in active training will be granted a leave of absence
without pay for the period of such training duty, not to exceed thirty (30)
days in any year.


 


Section C.


 


An employee applying for leave under this Article will give the
Company at least five (5) working days notice prior to reporting date, if
possible.


 


ARTICLE XI - LEAVE OF ABSENCE


 


Section A.


 


The Company may, at its complete discretion, grant employee leaves of
absence for restoration health, medical, dental or other treatment, maternity
leave, or employment by the Union. Any such leave, if granted, shall not
prejudice seniority status for purposes of layoffs and recalls. Denial of any
leave request is not subject to review under Article IX of this Agreement.


 


Section B.


 


Except as otherwise provided herein, a leave of absence under this
Article will not be considered employment time for seniority purposes. For
example, an employee works continuously for nine (9) months and is granted a
thirty (30) day leave of absence without pay. When the employee returns to work
he/she has nine (9) months seniority and will be required to work three (3) more
months in order to have one (1) year of seniority.


 


Section C.


 


Upon return from a leave of absence, the employee will be returned to
work for which he can qualify in his job classification on the basis of
seniority.


 


Section D.


 


Any employee who engages in gainful employment without permission of
the Company while on leave of absence shall be subject to discharge.


 


Section E.


 


All leaves of absence shall be in writing and for specific designated
period of time and an employee may return to work earlier than the specifically
designated date for his/her return only with the consent of the


 


10

















 


Company.


 


ARTICLE XII - BEREAVEMENT
LEAVE


 


Employees shall be entitled to paid bereavement leave as set forth in
local addendum attached hereto.


 


ARTICLE XIII - SHOP
STEWARDS


 


Section A.


 


Shop stewards shall be designated by the Union from the group he or she
is to represent, and the Union will notify the Company of the duly designated
shop steward (s) at the Base.


 


Section B.


 


The shop stewards shall not interfere with the management of the
business or direct any work of any employee, but may advise the Company of any
violations of the Agreement and also notify the employee participating therein.


 


Section C.


 


Prior to leaving the work area, the shop steward will request
permission from the supervisor. The shop steward will not leave the work area
during rush hours.


 


ARTICLE XIV - LAYOFFS AND
RECALLS


 


In the event of a reduction of forces, the Company will give reasonable
notice of layoff, under the circumstances, to the employees with the least
seniority, and will recall employees in the reverse order, such recall to be by
job classification. However, a laid-off employee from a facility other than the
one in which the vacancy occurs may reject the offer, if it would require that
employee to relocate, without loss of seniority and future right of recall.


 


ARTICLE XV - WAGES


 


The schedule of effective wage rates and job classifications for
employees is set forth in the applicable local Addendum attached hereto.


 


ARTICLE XVI  - OVERTIME


 


Section A.


 


One and one-half (11⁄2) times the hourly rate of pay will be paid for all
timed worked in excess of sixteen (16) hours a day.


 


Section B.


 


One and one-half (11⁄2) times the hourly rate of pay will be paid for all
hours worked in excess of (40) hours per week.


 


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Section C.


 


A regular employee who has completed his shift, has left the Company
property and is thereafter called for work at any time prior to two (2) hours
before his next shift, will be provided with four (4) hours of work or pay
therefor at the applicable rate.


 


Section D.


 


When a regular employee works on his scheduled day or days off, he will
be entitled to work for the average number of daily hours performed by said
employee or pay therefor at the applicable rate unless he consents to less
time. No employee shall be compelled to accept overtime work, except in cases
of emergency or when necessary to comply with governmental directives.


 


Section E.


 


An employee whose overtime work period continues into his following
work day, will continue to receive overtime rates for all overtime so worked.
If such overtime work period continues so that its termination falls within
eight (8) hours prior to his resumption of work in the succeeding work day, he
will receive one and one-half (1 & 1/2) times his hourly rate of pay for
all time worked during his next regular work shift. The Company may, however,
direct an employee to report for work after receiving eight (8) hours rest and
if such rest period extends into the employee’s regular shift hours, he will
receive no loss in his straight time base rate of pay.


 


Section F.


 


When an employee works more than eight (8) hours in any twenty-four (24)
hour period due to a change in shift pursuant to his request, or in accordance
with the regular rotation of employees, such employee shall receive only
straight time for the second eight (8) hours or portion thereof worked during
such twenty-four (24) hour period.


 


Section G.


 


When an employee works overtime beyond his shift, he will be entitled
to a ten (10) minute rest period at the completion of his regular shift, and
another such rest period at the completion of his tenth (10th) consecutive hour
if he is required to work beyond ten (10) hours. On the same basis, similar
rest periods will be provided after each additional two (2) hours worked, such
periods will be scheduled as near to the appointed time as practicable, subject
to requirements of the service.


 


Section H.


 


Overtime work will be distributed among the employees qualified to
perform the work necessitating overtime within the appropriate crew or shift as
equitably as practicable. Overtime lists will be made available to shop
stewards on request. The Company will give as much notice of overtime as
practicable.


 


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Section I. 


 


No overtime will be worked except by prior direction of the proper
supervisory personnel of the Company, except in case of emergency and when
prior authority cannot be obtained.


 


Section J. 


 


For overtime purposes, a day is the twenty-four (24) hour period
beginning with the starting time of the employee’s regular work shift. No
employee shall work more than sixteen (16) hours in any given day.


 


Section K. 


 


Nothing herein shall be construed to require or permit the pyramiding
of overtime or overtime pay.


 


ARTICLE XVII  - HEALTH AND
WELFARE


 


The Company shall pay the Health and Welfare Benefits as set forth in
the applicable local Addendum attached hereto, not to exceed eight (8) hours
per day or forty (40) hours per week for each employee.


 


In executing this Agreement, the Company agrees to be bound by the
terms and conditions of the Agreement and Declaration of Trust establishing the
ITPE-Health and Welfare Fund and any amendment duly adopted thereto. The
Company further agrees to be bound by all resolutions and other actions taken
by the Board of Trustees of such Fund.


 


ARTICLE XVII  - PENSION


 


The Company shall pay pension benefits as set forth in the applicable
local Addendum attached hereto, not to exceed eight (8) hours per day or forty
(40) hours per week for each employee


 


In executing this Agreement, the Company agrees to be bound by the
terms and conditions of the Agreement and Declaration of Trust establishing the
ITPE-Pension Fund and any amendment duly adopted thereto. The Company further
agrees to be bound by all resolutions and other actions taken by the Board of
Trustees of such Fund.


 


ARTICLE XIX  - VACATIONS


 


Section A. 


 


Employees shall be entitled to paid vacations as set forth in the
applicable local Addendum attached hereto.


 


Section B. 


 


Vacations will not be accumulated from year to year, nor taken back to
back. If the Company consents, the employee may elect not to take his vacation,
in which case he will receive pay in lieu thereof, on the anniversary date of
his employment.  The employee may take
his vacation in 


 


13

















 


more than one segment with the consent of the Company.


 


Section C. 


 


An employee will receive an extra day’s vacation or be paid an extra
day’s pay for a paid holiday which falls within his vacation period, in
accordance with the provisions of Article XXIII - Holidays.


 


Section D. 


 


Vacations will be granted at times most desired by employees in order
of their seniority within their work shifts, but the final right as to
allotment and scheduling of vacation periods is reserved to the Company in
order to assure the orderly operation of its business. Except in cases of
emergency, a vacation period once assigned will not be cancelled by the Company
except with agreement of the employee.


 


Section E.


 


Temporary layoffs or leaves of absence during the year will not
interrupt the continuity of service for the purpose of eligibility for
vacation, and shall be counted toward the required year for each vacation
period.


 


ARTICLE XX  - UNIFORMS


 


Proper uniforms and safety equipment will be
furnished and laundered by the Company without cost to the employee. However,
the Company may require or permit employees to launder and maintain uniforms
furnished by the Company. When any employee is required or permitted to launder
and maintain Company furnished uniforms, he/she will be compensated in
accordance with the provisions of the applicable local addendum hereto.  (Such payments shall not be for more than
eight (8) hours per day or forty (40) hours per week for each employee.)
Employees will provide their own undergarments, socks, shoes, belts and other
personal items in accordance with the government contract in effect with the
Company.


 


ARTICLE XXI  - INDIVIDUAL
CONTRACTS


 


No employee shall be compelled or allowed to enter into any individual
contract or agreement with the Company concerning the conditions of employment
herein.


 


ARTICLE XXII  - NO STRIKE - NO LOCKOUT


 


Section A. 


 


During the term of this Agreement, the Union shall not authorize, cause
or engage in, sanction or assist in any work stoppage, strike or slow down of
operations.


 


Section B.


 


During the term of this Agreement, the Company shall not cause, permit
or engage in any lockout of its employees.


 


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Section C.


 


The Company reserves the right to discharge or
otherwise discipline any employee taking part in any violation of this
provision of the Agreement.


 


ARTICLE XXIII  - HOLIDAYS


 


Section A. 


 


Holidays, for which every employee will be
compensated at the hourly base rate of pay, are set forth in the applicable
local Addendum attached hereto. In computing the number of hours for which an
employee is entitled to compensation, the proportion which the average number
of hours worked by an employee during the preceding normal work week bears to
forty (40) hours shall be applied to eight (8) hours to determine the number of
paid hours said employee is entitled to receive. For example, if an employee
worked thirty (30) hours during the normal work week preceding the holiday
week, his holiday pay would be computed by 3/4 (30/40) of eight (8) hours and
multiplying the resulting six (6) hours by his hourly base rate of pay.


 


Section B. 


 


Any work performed on a holiday will be paid
at the employee’s regular rate of pay in addition to the holiday pay. If any of
the named holidays fall on a non-working day, the employees shall either
observe the holiday on the following working day or shall receive pay for their
average number of hours normally worked in lieu of the observance above their
normal compensation for work performed.


 


Section C.


 


In the event that one of the holidays shall
occur during the employee’s vacation, the employee will receive an additional
day of paid vacation, unless the employee and the Company agree that he may
receive pay in lieu thereof.


 


Section D.


 


When the Company requires work on any shift
on a holiday, the Company will first seek qualified volunteers for such
work.  If there are not enough
volunteers for such work, the Company will select qualified employees to
protect the work to be performed in reverse seniority; however, if too many volunteer,
the Company will select qualified employees to protect the work in order of
seniority.


 


Section E.


 


In order for an employee to qualify for a paid holiday, he must have
worked his regularly scheduled work day immediately preceding the holiday and
his regularly scheduled work day immediately following the holiday, unless
excused by reason of illness, bereavement leave or other good cause.


 


15

















 


ARTICLE XXIV  - SICK LEAVE


 


Sick leave will be paid as set forth in local addendum attached hereto.


 


ARTICLE XXV - EMPLOYEE
INJURY


 


The Company shall abide by all applicable laws regarding treatment of
and benefits for employees who are injured on the job.


 


ARTICLE XXVI - GOVERNMENT
REQUIREMENTS


 


The Union agrees to cooperate with the Company in all matters required
by the United States Government, and the Union recognizes that the terms and
conditions of the Agreement are subject to certain sovereign priorities which
the United States Government may exercise. The Union agrees that any actions
taken by the Company pursuant to a requirement of the United States Government
shall not constitute a breach of this Agreement.


 


Nothing in this Agreement shall be construed to prevent institution of
any change prior to discussion with the Union where immediate change is
required by the United States Government. 
The Company will however, negotiate with the Union concerning effects of
any such change.


 


ARTICLE XXVII - GENERAL


 


Section A. 


 


This Agreement, when accepted by the parties hereto and signed by the
respective representatives thereunto duly authorized, shall constitute the sole
agreement between them involving the employees covered by this Agreement. Any
alteration or modification of this agreement must be made by and between the
parties hereto and must be in writing.


 


Section B. 


 


In the event any provision of this Agreement is declared invalid by any
competent court or governmental agency on account of existing or future
legislation, such invalidation shall not affect the remaining provisions of
this Agreement.


 


Section C. 


 


Any employee leaving the service of the Company will, upon request from
the employee, be furnished with a letter setting forth the Company’s record of
his job classification, stating his length of service and beginning and ending
rate of pay.


 


Section D. 


 


Employees entering the service of the Company may be required to take a
physical examination, random drug testing, height must be proportional, to
weight, MMPI exam and any other medical or physical requirements according to
the RFP specified by the Company.  Any
time thereafter an employee may be subjected to further physical examinations
during the course of his employment or recall to service after layoff or leave
of absence.


 


16

















 


Where the Collective Bargaining Agreement is
in conflict with the requirements of the Company’s obligation to the
government, the government will take precedence.


 


Section E.


 


Company payroll records with respect to any employee
in the unit whose pay is questioned will be provided upon request of the Union
within a reasonable period of time, except for payroll records with respect to
the current period with respect to such an employee, which may be examined by
the Union upon reasonable request during business hours.


 


Section F.


 


Subject to the express limitations of this Agreement, the Company
retains the sole and exclusive right in its discretion to manage its business,
to hire, discharge for cause, layoff, assign, transfer, promote or demote
employees, to determine the starting and quitting time, to establish or
discontinue or change operations, productions, or work standards, or plant
rules, provided, however, that with respect to any action which results in a
change in established work rules, existing hours of work or the size of the
work force, the Company shall give prior notice to the Union before taking such
action and shall afford the Union a reasonable opportunity to negotiate on such
matters. Nothing herein shall prevent individual employees, either alone or
with a Union representative, from consulting with Company representatives on
problems relating to their individual work schedules.


 


17

















 


ARTICLE XXXI - DURATION


 


Section A.


 


This agreement shall become effective March 1, 2002 and shall continue in full force and
effect until February 28, 2005,
and shall renew itself each successive October 1st
thereafter unless written notice of an intended change is served in accordance
with the Labor Management Relations Act, as amended, by either party hereto at
least sixty (60) days but not more than ninety (90) days prior to the
termination date of the contract.


 


Section B.


 


For the purpose of negotiating changes in wages, group insurance
contributions, sick leave, vacation and holidays, as well as changes in or the
introduction of other fringe benefit programs, the parties shall meet on or
about January 1st of each
contract year. If the parties are unable to reach agreement by sixty (60) days of each year, either party
may terminate this Agreement upon ten- (10) days written notice to the other
party.


 


18

















 


 


IN WITNESS WHEREOF,
the parties hereto have executed this Agreement this 1ST day of
MARCH, 2002.


 


	
  FOR THE UNION:

  	
  FOR THE COMPANY:

  
	
   

  	
   

  
	
  ITPEU, AFL-CIO

  	
  PARAGON SYSTEMS, Inc.

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ Dennis M. Conley

  	
   

  	
  /s/ Charles Keathley

  	
   

  
	
  Dennis M. Conley

  	
  CHARLES KEATHLEY

  
	
  Representative

  	
  President

  
				



 


19

















 


ADDENDUM


 


WHEREAS, Paragon Systems, Inc.
(hereinafter referred to as the “Company”)
and the (hereinafter referred to as the “Union”)
have entered into a Agreement on March 01,
2002 and;


 


WHEREAS, the Union has
been duly designated by the Company’s non-supervisory employees at Federal Law Enforcement Training Center, Glynco, GA
(Security Officers) as their collective bargaining
representative and;


 


WHEREAS, the
aforementioned Agreement provides for the Company and the Union to negotiate
wages and fringe benefits for each facility covered thereby and to enter into
an Addendum setting forth these economic terms,


 


NOW THEREFORE, it is
hereby agreed as follows:


 


WAGES


 


	
   

  	
   

  	
  CURRENT

  	
   

  	
  EFFECTIVE
OCTOBER 01, 2003

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Captain

  	
   

  	
  $

  	
  15.77

  	
   

  	
  $

  	
  16.27

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Sergeant

  	
   

  	
  $

  	
  13.40

  	
   

  	
  $

  	
  13.90

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Security Police Officer

  	
   

  	
  $

  	
  12.36

  	
   

  	
  $

  	
  12.86

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Administrative Assistant

  	
   

  	
  $

  	
  13.14

  	
   

  	
  $

  	
  13.64

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Lead Switchboard Operator

  	
   

  	
  $

  	
  10.49

  	
   

  	
  $

  	
  10.99

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Switchboard Operator

  	
   

  	
  $

  	
  9.49

  	
   

  	
  $

  	
  9.99

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Switchboard/ Clerk

  	
   

  	
  $

  	
  8.46

  	
   

  	
  $

  	
  8.96

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Lead Word Processor

  	
   

  	
  $

  	
  10.77

  	
   

  	
  $

  	
  11.27

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Senior Word Processor

  	
   

  	
  $

  	
  11.77

  	
   

  	
  $

  	
  12.27

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Word Processor I

  	
   

  	
  $

  	
  9.77

  	
   

  	
  $

  	
  10.27

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  CCTV Operator

  	
   

  	
  $

  	
  9.06

  	
   

  	
  $

  	
  9.56

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Dispatcher/Clerk

  	
   

  	
  $

  	
  11.10

  	
   

  	
  $

  	
  11.60

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Clerk

  	
   

  	
  $

  	
  8.46

  	
   

  	
  $

  	
  8.96

  	
   

  



 


PARAGON SYSTEMS, INC.


FLETC, GLYNCO, GA.


 


1

















 


HEALTH
AND WELFARE


 


 


CURRENT:


 


The Company shall contribute to the ITPE Health and Welfare Plan the
sum of Two dollars and twenty-five cents ($
2.25) per hour for all straight time hours worked plus all hours of
paid vacation, holidays and sick leave, for each and every employee covered by
this Agreement.


 


In executing this Agreement, the Company agrees to be bound by the
terms and conditions of the Agreement and Declaration of Trust establishing the
ITPE Health and Welfare Plan and any amendments duly adopted thereto.


 


The Company further agrees to be bound by all resolutions and other
actions taken by the Board of Trustees of such Plan.


 


EFFECTIVE OCTOBER 01, 2003:


 


The Company shall contribute to the ITPE Health and Welfare Plan the
sum of Two dollars and thirty-six cents ($
2.36) per hour for all straight time hours worked plus all hours of
paid vacation, holidays and sick leave, for each and every employee covered by
this Agreement.


 


In executing this Agreement, the Company agrees to be bound by the
terms and conditions of the Agreement and Declaration of Trust establishing the
ITPE Health and Welfare Plan and any amendments duly adopted thereto.


 


The Company further agrees to be bound by all resolutions and other
actions taken by the Board of Trustees of such Plan.


 


PENSION


 


CURRENT & EFFECTIVE OCTOBER 01,
2003:


 


The Company shall contribute to the ITPE Pension Plan the sum of One Dollar ($ 1.00) per hour for all
straight time hours worked plus all hours of paid vacation, holidays and sick
leave, for each and every employee covered by this Agreement.


 


In executing this Agreement, the Company agrees to be bound by the
terms and conditions of the Agreement and Declaration of Trust establishing the
ITPE Pension Plan and any amendments duly adopted thereto.


 


The Company further agrees to be bound by all resolutions and other
actions taken by the Board of Trustees of such Plan.


 


2

















 


ANNUAL BENEFIT FUND


 


CURRENT:


 


For the purpose of providing vacation, holidays, sick leave,
bereavement leave, jury duty and other benefits, the Company shall contribute
to the ITPE Annual Benefit Fund the sum of Two
dollars and thirty-six cents ($ 2.36) per hour worked by each and
every employee covered by this Agreement and/or for each hour for which the
Company makes, or is required to make, direct payment of wages to such employee.


 


In executing this Addendum, the Company agrees to be bound by the terms
and conditions of the Agreement and Declaration of Trust establishing the ITPE
Annual Benefit Plan created thereunder. The Company further agrees to be bound
by any amendments to the aforesaid Agreement and Declaration of Trust and Plan,
together with all resolutions and other actions duly adopted by the Board of
Trustees of the ITPE Annual Benefit Fund.


 


The vacation, holidays, sick leave, bereavement leave, jury duty and
other benefits provided under this Agreement and the eligibility requirements
for such benefits shall be specified in the ITPE Annual Benefit Plan.


 


EFFECTIVE OCTOBER 1, 2003:


 


For the purpose of providing vacation, holidays, sick leave,
bereavement leave, jury duty and other benefits, the Company shall contribute
to the ITPE Annual Benefit Fund the sum of Two
dollars and forty-four cents ($ 2.44) per hour worked by each and
every employee covered by this Agreement and/or for each hour for which the
Company makes, or is required to make, direct payment of wages to such
employee.


 


In executing this Addendum, the Company agrees to be bound by the terms
and conditions of the Agreement and Declaration of Trust establishing the ITPE
Annual Benefit Plan created thereunder. The Company further agrees to be bound
by any amendments to the aforesaid Agreement and Declaration of Trust and Plan,
together with all resolutions and other actions duly adopted by the Board of
Trustees of the ITPE Annual Benefit Fund.


 


The vacation, holidays, sick leave, bereavement leave, jury duty and
other benefits provided under this Agreement and the eligibility requirements
for such benefits shall be specified in the ITPE Annual Benefit Plan.


 


UNIFORM ALLOWANCE


 


CURRENT & EFFECTIVE:


 


All employees will receive an allowance of twenty cents ($.20) paid directly to the employee per hour
worked for the laundering and maintenance of company-provided uniforms. Upon
termination of employment, all clothing and equipment issued to the employee
shall be returned to the Employer in good condition.


 


3

















 


IN WITNESS WHEREOF,
the parties hereto have executed this Agreement this
                   
day
of                                ,
2003.


 


	
  FOR THE UNION:

  	
   

  	
  FOR THE COMPANY:

  
	
   

  	
   

  	
   

  
	
  INDUSTRIAL TECHNICAL AND PROFESSIONAL

  	
   

  	
  PARAGON SYSTEMS, INC.

  
	
  EMPLOYEES UNION, AFL-CIO

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  /s/ Dennis M. Conley

  	
   

  	
   

  	
  /s/ Charles Keathley

  	
   

  
	
  DENNIS M. CONLEY

  	
   

  	
  CHARLES KEATHLEY

  
	
  ITPE Representative

  	
   

  	
  President

  
					



 


4