Exhibit 10.37


 


Revision 2


20 August 2003


 


AGREEMENT


 


BETWEEN


 


PARAGON SYSTEMS, INC.


 


AND


 


 


INTERNATIONAL UNION


SECURITY, POLICE AND FIRE PROFESSIONALS OF
AMERICA


(SPFPA)


 


AND ITS


AMALGAMATED LOCAL 711


 


FOR


 


SECURITY EMPLOYEES


 


AT THE


 


JOHN C. STENNIS SPACE CENTER


HANCOCK COUNTY, MISSISSIPPI


 


EFFECTIVE MAY 5, 2003


 


EXPIRES NOVEMBER 5, 2006


 

















 


INDEX


 


	
  Subject

  	
   

  
	
   

  	
   

  
	
  ARBITRATION

  	
   

  
	
   

  	
   

  
	
  ASSIGNMENT OF WORK

  	
   

  
	
   

  	
   

  
	
  BULLETIN BOARDS

  	
   

  
	
   

  	
   

  
	
  DISCIPLINE
  AND DISCHARGE

  	
   

  
	
   

  	
   

  
	
  DURATION

  	
   

  
	
   

  	
   

  
	
  EQUAL EMPLOYMENT

  	
   

  
	
   

  	
   

  
	
  GENERAL
  PROVISIONS

  	
   

  
	
   

  	
   

  
	
  GRIEVANCE
  PROCEDURE

  	
   

  
	
   

  	
   

  
	
  HOLIDAYS

  	
   

  
	
   

  	
   

  
	
  HOURS OF WORK AND OVERTIME

  	
   

  
	
   

  	
   

  
	
  INSURANCE PROGRAM

  	
   

  
	
   

  	
   

  
	
  LEAVES OF ABSENCE

  	
   

  
	
   

  	
   

  
	
  MANAGEMENT RIGHTS

  	
   

  
	
   

  	
   

  
	
  NOTICES

  	
   

  
	
   

  	
   

  
	
  PART-TIME

  	
   

  
	
   

  	
   

  
	
  PENSION PLAN – IRA

  	
   

  
	
   

  	
   

  
	
  PURPOSE
  OF THE AGREEMENT

  	
   

  
	
   

  	
   

  
	
  RECOGNITION
  AND EXCLUSIVE REPRESENTATION

  	
   

  
	
   

  	
   

  
	
  SAVINGS CLAUSE

  	
   

  
	
   

  	
   

  
	
  SCOPE OF AGREEMENT

  	
   

  



 

















 


	
  SENIORITY

  	
   

  
	
   

  	
   

  
	
  SICK LEAVE

  	
   

  
	
   

  	
   

  
	
  SIGNATURE OF
  THE PARTIES

  	
   

  
	
   

  	
   

  
	
  STRIKES AND LOCKOUTS

  	
   

  
	
   

  	
   

  
	
  UNIFORMS AND EQUIPMENT

  	
   

  
	
   

  	
   

  
	
  UNION REPRESENTATION

  	
   

  
	
   

  	
   

  
	
  UNION SECURITY – DUES DEDUCTION

  	
   

  
	
   

  	
   

  
	
  VACATIONS

  	
   

  
	
   

  	
   

  
	
  WAGES

  	
   

  
	
   

  	
   

  
	
  WAIVER

  	
   

  



 

















 


AGREEMENT


 


This agreement is entered
into by and between Paragon Systems, Inc. and its successors and assigns
(hereinafter called the “Company” or “Employer”) and the International Union,
Security Police and Fire Professionals of America (SPFPA) and its amalgamated
Local No. 711 (hereinafter referred to as the “Union”).


 


ARTICLE I


 


EQUAL EMPLOYMENT OPPORTUNITY


 


Section
1.1.   The parties hereto agree that there will be
no discrimination against any employee or applicant for employment because of
race, color, religion, sex, national origin, or membership or non-membership in
any labor organization, as provided by law. 
The Company shall give due consideration to qualified Vietnam era
veterans and to handicapped individuals as provided by law.


 


Section
1.2.   Where the masculine gender is used herein,
it shall refer also to the feminine gender and vice versa.


 


ARTICLE II


 


PURPOSE OF THE AGREEMENT


 


It is the intent and purpose
of the Company and the Union that this Agreement shall promote and improve
industrial and economic relations between the Company and its employees, and to
set forth provisions with respect to rates of pay, wages, hours of work and
other conditions of employment covering employees of the Company, and to
provide a peaceful method of adjusting grievances that may arise in the course
of employment between the Employer and the employees with respect to wages,
hours, and other conditions of employment and to provide for an orderly
collective bargaining relationship between the Company and the Union.


 


ARTICLE III


 


RECOGNITION
AND EXCLUSIVE REPRESENTATION


 


Section
3.1.   The Company recognizes the INTERNATIONAL
UNION, SECURITY POLICE AND FIRE PROFESSIONALS OF AMERICA (SPFPA) and its
amalgamated Local No. 711, as the sole and exclusive bargaining representative
for the purpose of


 


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collective
bargaining with respect to rates of pay, wages, hours of employment and other
conditions of employment, for the employees of the Company as described in
Section 3.2 of this Article and in accordance with the National Labor Relations
Act, as amended.


 


Section 3.2.  
For the purpose of this agreement, the term “Employee” shall include all
guard employees including security dispatchers and part-time guard employees
employed by Paragon Systems, Inc. at the John C, Stennis Space Center in
Hancock County, Mississippi, as certified by the National Labor Relations Board
in Case Number 15-RC-7238, dated April 4, 1986, excluding all other employees
including office and clerical employees and supervisors as defined in the Act.


 


ARTICLE IV


 


UNION SECURITY – DUES DEDUCTIONS


 


Section 4.1.  
For the convenience of the Union and employees who are members of the
Union, the company agrees to deduct the initiation fee and the regular monthly
Union dues from the pay check of such employees who authorize such deduction as
provided for herein.


 


Section 4.2.  
An employee who desires the Union dues to be deducted from his pay shall
submit to the Company a full executed authorization card, as approved by the
parties, assigned by said employee, from whom wage deductions are to be made as
provided herein.


 


Section 4.3.  
Deductions shall be made monthly for the accrued regular monthly dues of
each employee in the bargaining unit, for whom the above authorization has been
received, beginning with the pay for the first full pay period beginning in
each month following the month in which an employee’s authorization is received
and deduction shall continue in like manner monthly thereafter.


 


Section 4.4.  
The Union accept all responsibility for the authenticity of each of said
authorizations and any said authorizations which are incomplete or in error
shall be disregarded by the Company. 
Authorizations which are incomplete or in error will be returned to the
Union immediately for correction.  The
Union shall indemnify and hold the Company harmless against any claims, demands,
lawsuits, or other forms of liability that may arise out of or by reason of
action taken by the Company in making payroll deductions as herein provided or
in complying with this Union Security Article.


 


Section 4.5. In cases where deductions for
dues are made from the pay of any employee who has previously paid such dues,
the Union will make refund directly to such employee.


 


Section 4.6.  
Deductions shall be remitted to the designated Financial Officer of the
Union not later than fifteen (15) days after deductions are made.  The Company shall furnish the designated
Financial Officer of the Union monthly with the records of those for whom
deductions have been made.


 


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Section 4.7.  
The authorization for dues deductions for any employee who is
transferred to a classification outside the bargaining unit shall be
automatically voider upon the effective date of such transfer.


 


ARTICLE V


 


MANAGEMENT RIGHTS


 


Section 5.1.  
Except as expressly modified or excluded by a specific provision of this
Agreement, all statutory and inherent managerial rights are retained and vested
exclusively in the Company, including but not limited to the right, in its sole
and exclusive judgment and discretion to: determine the qualifications for
employees; hire; determine the number, location, and types of posts; direct the
workforce and manage the business; assign work and work locations; discontinue
any posts temporarily or permanently; assign, promote, demote, layoff, recall,
and transfer employees; discipline, suspend and/or discharge employees for just
cause; remove employees from duty because of lack of work or for other
legitimate reasons; maintain order, efficiency and capability of employees in
operations; determine the composition and number of shifts and the starting and
ending times of each shift; introduce any new or improved methods or
facilities; make and amend reasonable rules and regulations as necessary or
desirable and require employees to observe said rules and regulations; and
select individuals in its sole discretion for promotion to
supervisory/managerial positions.


 


Section 5.2.  
The above rights of management are not inclusive of all manners
[ILLEGIBLE] rights which belong to management. 
Any other rights, powers or authority the Company had prior to signing
this Agreement are retained by the Company, except those which violate express
provisions of this Agreement.


 


ARTICLE VI


 


STRIKES AND LOCKOUTS


 


Section 6.1.  
The Union and all employees agree that during the life of this
Agreement, there will be no secondary boycotts, strikes, work stoppages, slow
downs, picketing or other interruption of work.  Any employee who engages in any of the above activities may be
subject to immediate discharge or other disciplinary action.


 


Section 6.2.  
The Company agrees there will be no lockout of employees during the life
of this Agreement.


 


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ARTICLE VII


 


HOLIDAYS


 


Section 7.1.  
Full-time employees covered by this Agreement shall be paid
straight-time pay for eight (8) hours for each of the following Holidays on
which they are not required to work:


 


 


NEW YEAR’S DAY


 


MARTIN LUTHER
KING’S DAY


 


PRESIDENTS DAY


 


MEMORIAL DAY


 


FOURTH OF JULY


 


LABOR DAY


 


COLUMBUS DAY


 


VETERAN’S DAY


 


THANKSGIVING
DAY


 


CHRISTMAS DAY


 


BIRTHDAY


 


Section 7.2.  
The above designated holidays will be paid as follows:


 


a.     The permanent Desk Sergeant/Dispatcher will
receive holiday pay on the calendar day on which they fall.


 


b.     All other employees covered by this Agreement (to
include the relief Desk Sergeant/Dispatchers) will receive holiday pay on the
day the holiday is observed by the client.


 


Section 7.3.  
In addition to the Holidays listed in Section 7.1 full time employees
shall be granted any Holiday that is designated by the U.S.  Government as a holiday, or other day which
federal employees are not required to report to work under Presidential
Proclamation and will be paid as provided, in this Article, provided the
Company receives approval for reimbursement for the Holiday from NASA.


 


Section 7.4.  
An employee who is required to work on a Holiday shall, receive eight
(8) hours of holiday pay at his straight time rate.  In addition, he shall be paid at the rate of one and one-half (11/2)  times his straight time rate for all
hours worked on the holiday.  Part-time
employees (not eligible for holiday pay) shall receive pay at the rate of one
and one-half (11/2)  times
their straight time rate as full compensation for all hours worked on the
holiday.


 


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Section 7.5.  
In order to be eligible for Holiday pay as provided in Section 7.1
above, an employee must have been on pay status during the work week in which
the Holiday falls, must have worked his last scheduled workday prior to and his
next scheduled workday after such Holiday, unless his absence is excused by the
Company


 


Section 7.6.   If a  holiday
falls within an employee’s vacation period, the employee shall receive regular
holiday pay in addition to vacation pay.


 


Section 7.7.  
An employee eligible as provided in this Article to receive holiday pay
who is scheduled to work on a holiday and refuses or fails to report to work
without reasonable cause, as determined by the Company, shall not receive holiday
pay.


 


Section 7.8.  
When an employee’s Birthday falls on an otherwise designated holiday as
provided in this Agreement, he shall receive holiday pay for his birthday in
addition to holiday pay for the holiday. 
The employee’s birthday is defined as the employee’s date of birth.


 


Section 7.9.  
Time paid for but not worked as a Holiday shall not be considered as
time worked for the purpose of computing weekly overtime.


 


ARTICLE VII


 


ASSIGNMENT OF WORK


 


An employee
assigned to work in another classification in the bargaining unit on a
temporary basis for the convenience of the Company shall continue to receive
his regular hourly rate, unless such work is in a higher paying classification,
in which case he shall receive the higher rate of pay for all hours worked in
the higher classification.


 


ARTICLE IX


 


BULLETIN BOARDS


 


Section 9.1.  
The Company agrees to provide a glass enclosed bulletin board in
building 2201 (Briefing Room) for the use of the Union for the following
purposes:


 


(A)  Notice of Union
Meetings.


(B)   Notice of Union
Elections and Results


(C)   Notice of Union
Appointments


(D)  Any other notice
deemed necessary for communication with union members


 


Section 9.2.  
Prohibited use of glass enclosed Bulletin Board provided by the Company:


 


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(A)  Anti Company
related notices


(B)   Anti Client or
Government related notices


 


ARTICLE X


 


LEAVES OF ABSENCE


 


Section 10.1.   Employees elected or selected to full time jobs in the Union,
which take them from their employment with the Company, shall, upon written
request to the Company, receive a leave of absence, without pay or benefits,
for a period of one (1) year or less. 
Upon completion of their leaves of absence, they shall be reinstated at
the wage rates existing at the time of their return, providing work is
available to them or for them according to their seniority.  Seniority shall be retained and shall
accumulate during such leave.


 


Section 10.2.   A leave of absence without pay for a period of up to thirty (30)
calendar days may be granted at the sole discretion of the Company to not more
than two (2) employees at any one time for personal reasons without loss of
seniority or benefits.  Such leave may
be extended an additional thirty (30) days without loss of seniority or accrual
of vacation and sick leave, but the employee shall be required to pay 100% of
the cost to continue any insurance during the extended period of leave.  An employee is limited to one (1) leave of
absence under this section per calendar year. 
This provision is not applicable for a one day leave of absence. The
leave of absence must be requested in writing and the Company shall
approve/disapprove in writing.


 


Section 10.3.   Employees who have worked for the Company for at least one (1)
year are eligible for an unpaid leave of absence up to twelve (12) weeks in
accordance with the Family and Medical Leave Act of 1993.  The Company will continue to pay the Company
share of any medical or dental premiums during the time of this leave; the
employee shall continue to pay his share of any premiums.  There shall be no loss of seniority while an
employee is on Family & Medical Leave.


 


Section 10.4.   Leave of absence without pay will be granted to not more than
two (2) employees at a time to attend regional, state, or national conventions
of the Union each year.  There will be
no loss of seniority while on such leave.


 


Section 10.5.   Employees are eligible for leave of absence in accordance with
applicable federal and state law when called to active military duty or for
required annual training in the United States armed Services, Reserves, or
National Guard.  The employee shall
furnish the Company a copy of his military orders at the time the leave of absence
is requested.  Such leave is unpaid,
except that the Company will reimburse the difference between the employee’s
straight time pay and military pay for up to two (2) weeks of required annual
training per year.


 


Section 10.6.   Leave of absence shall be granted to employees who are summoned
for jury duty or subpoenaed as a witness. 
Any employee summoned to jury


 


6

















 


duty or
subpoenaed as a witness shall present the summons or subpoena to the Company in
a timely manner.  Employees shall be compensated
based on the difference between the jury or witness pay and their regular
straight time rate for up to eight (8) hours for each scheduled work day
missed, up to a maximum of ten (10) days per calendar year.  Employees will be required to produce evidence
that they were called and required to serve on a jury or as a witness on the
days for which compensation is requested. 
If subpoenaed as a witness for the Company, the employee will be paid
regardless of the time.


 


Section 10.7.   In the event of death in the immediate family of an employee he
[ILLEGIBLE] be granted three (3) days’ emergency leave at his regular rate of
pay (not to exceed a total of twenty four (24) hours of pay), not including
such employee’s days off.  If the
Company requests, the employee must furnish acceptable evidence of death and
relationship of the deceased to the employee. 
Immediate family shall be defined as the employee’s parents, spouse,
children, brothers, sisters, grandparents, grandchild, father-in-law, mother in
law, brothers in law, sisters in law, sons in law, daughters in law.


 


Section 10.8.   An employee who is unable to report to work because of illness
or injury, shall retain his seniority for one (1) year, except that he shall be
subject to layoff according to his seniority.


 


Section 10.9.   Except as otherwise herein provided, it is agreed by the parties
that there shall not be any loss of seniority while employees are on such
leaves of absence as provided for in this Article, however employees shall not
accrue vacation or sick leave or receive holiday pay during any leave of
absence that extends beyond thirty (30) days. 
An employee who is on a leave of absence that exceeds thirty (30) days
must pay the entire cost of any health insurance premium (Company and employee
share) he wishes to continue during the absence, except that the Company shall
continue to pay the Company share of medical and dental premiums for an
employee who is on Family & Medical Leave for up to twelve (12) weeks or as
otherwise provided by federal or state law.


 


Section 10.10.   No employee will engage in employment with another employer
while on a leave of absence as provided for herein.


 


Section 10.11.   Any employee who has been on a leave of absence due to the
employee’s own serious health condition for three (3) days or more will present
a doctor’s certificate stating the employee’s fitness to return to work.  The employee may be required to report to
the Company’s designated physician for certification of fitness to return to
work.  In the event of a difference of
opinion between the employee’s doctor and the Company’s doctor, a third doctor
will be selected by the Company and the employee to determine the employee’s
fitness to return.  The employee and the
Company will share the cost of the third doctor equally.  The opinion of the third doctor will be
final and binding on the Company and the employee.


 


Section 10.12.   Employees may be granted four (4) unpaid Personal Days per
month, subject to approval by the Project Manager or on-duty shift captain, and
at the Company’s sole discretion. 
Personal days may be taken in four (4) hour increments, but no more than
eight (8) hours in duration for a total of thirty two (32) hours per month.  Personal days will not accrue from year to
year or month to month.  Employees are
not


 


7

















 


required to
exhaust all available sick leave or vacation leave, but may not substitute
[ILLEGIBLE] or vacation leave once a personal day is requested and
granted.  Personal days will not be
granted at the time requested if overtime will be required to fill the
employee’s absence.  When requesting
personal days, the employee will give the Company no less than two (2) hours
prior notice, but not more than eight (8) hours notice.  No more than two (2) people per shift may be
approved for personal days at any one time. 
Personal days are exempt from Section 10.11.


 


Section 10.13.   In the event an employee is scheduled for a leave of absence for
thirty (30) days or more, the vacancy will be filled in accordance with Section
13.10.


 


ARTICLE XI


 


VACATIONS


 


Section 11.1.   All full time employees who have been employed on a full time
basis at the Stennis Space center Facility, Hancock County, Mississippi as a
guard shall accrue vacation per pay period at a rate that is in accordance with
the following schedule:


 


	
  One (1)
  year, but less than (5)

  	
   

  	
  Two (2)
  weeks (80 hours)

  
	
   

  	
   

  	
   

  
	
  Five (5)
  years, but less than eight (8)

  	
   

  	
  Three (3)
  weeks (120 hours)

  
	
   

  	
   

  	
   

  
	
  Eight (8)
  years or more

  	
   

  	
  Four (4)
  weeks (160 hours)

  



 


Section 11.2.   The pay for each week of vacation shall be equal to the
employee’s regular weekly wage, that is forty (40) hours’ pay at his straight
time rate.


 


Section 11.3.   Vacation preferences shall be submitted to the Company for
approval and employees with the greatest seniority will be given first choice
in selecting the time of their vacation. 
The Company will attempt to honor as many vacation requests as possible,
but the Company retains the right to approve or disapprove vacations in
accordance with the orderly operation of the business.  Vacation may be taken one day at a time.


 


Section 11.4.   Employees may carry over up to one (1) year’s accrued but unused
vacation hours from one year to the next year. 
Employees may request a cash-out of all unused vacation hours once per
year during the pay period immediately following their anniversary date.  If a cash out is not requested, all accrued
vacation in excess of one (1) year’s accrued leave will automatically be cashed
out.  Cash out of vacation hours will
not be allowed at any other time during the year.


 


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Section
11.5.   Employees who have completed one year of
service and who are laidoff, or who discontinue service with the Company for
any reason other than a discharge for cause, shall be paid their accrued
vacation at the time of such job severance.


 


ARTICLE XII


 


SICK
LEAVE


 


Section
12.1.   Each full-time employee is eligible for up
to one hundred four (104) hours of paid sick leave per year, which will accrue
at the rate of four (4) hours per bi-weekly pay period.


 


Section
12.2.   Compensation for lost time as provided
above shall be paid on regular pay days following the absences.


 


Section
12.3.   At the end of each contract year, employees
may carry over up to 13 days of sick leave into the next contract year or
submit a request in writing for a cash out. 
Accrued sick leave in excess of 13 days will be paid automatically to
the employee at the end of the contract year.


 


Section
12.4.   An employee shall notify the Supervisor on
duty at least two (2) hours before the employee’s scheduled starting time for
work that he will be absent due to sickness or injury, except in the case of
extenuating circumstances.


 


Section
12.5.   An employee who is absent for three (3)
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. 
An employee who is absent for three (3) calendar days or more shall
bring evidence of having consulted a physician regarding that illness.


Section
12.6.   in addition to absences caused by the
employee’s illness or injury, the Company may charge an employee’s absence to
sick time or pay off sick leave under the following conditions, provided
however, the employee has sick time available.


 


(1)           Employee leave the service of the Company.


(2)           Employee is terminated for just cause, other than theft.


(3)           Employee has more sick hours accrued than allowed by contract, at the
end of the contract year.


(4)           Employee leaves during his shift causing an overtime situation.


(5)           Employee fails to report to his scheduled
shift, causing an overtime situation.


(6)           Any unexcused absence that causes overtime.


 


The Company’s decision to so
charge an employee’s sick time shall be in addition to any other discipline
allowed by this contract.


 


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ARTICLE XIII


 


SENIORITY


 


Section
13.1.   Seniority is defined as an employee’s total
length of continuous services as a full time guard in the bargaining unit at
The John C Stennis Space Center.


 


Section
13.2.   Promotions in the bargaining unit will be
made on the basis of seniority and the ability to perform the job, but if two
(2) employees are equal in ability, the senior employee will be given the
promotion.  Employees passed over will
be given the reason for being passed over, at their request.


 


Section
13.3.   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 the inverse order of layoff.


 


Section
13.4.   Any full time employee who is laid off for
lack of work will receive two (2) weeks notice or two (2) weeks pay in lieu of
such notice, it shall be the responsibility of the laid off employee to keep
the Company notified of any change in address. 
Notice will be deemed given when it is mailed via certified mail, return
receipt requested to the last known address in the employee’s personnel
record.  Employees who have been laid
off shall have recall rights for a period of eighteen (18) months and shall
retain their accumulated seniority while on layoff, but will not continue to
accrue seniority during the period of layoff.


 


Section
13.5.   An employee who is given a notice of recall
after a layoff shall notify the Company of his intent to return to work within
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 three (3) days after such notice is provided for above,
unless such time is extended by mutual consent.


 


Section
13.6.   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
seniority once a replacement has been identified and trained.  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 considered again for a
higher classification job for one (1) year.


 


Section
13.7.   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)


 


10

















 


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 thirty (30)
days after his promotion.


 


Section 13.8.   During the first one hundred twenty (120) 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 one
hundred twenty (120) days of employment, his seniority shall accrue from the
most recent day of 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.  Part-time employees shall have no seniority
rights whatsoever.


 


Section 13.9.   The Company agrees to prepare seniority lists covering present
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 thereafter, however, they will be furnished more often if
as many as five (5) employees are deleted or added to the seniority list.  It is the Union’s duty to resolve any
dispute between employees covered by this Agreement as to their respective
seniority and to advise the Company of the resolution thereof.


 


Section 13.10.   Should a vacancy occur on any shift, the following procedure
will be used in filling that vacancy:


 


(1)           The senior
employee who desires the shift and days off due to said vacancy will be given
his 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.


 


(2)           All shift
bids for days off will be restricted to the initial vacancy.  If an 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.  In filling a vacancy, the Company will allow
no more than two (2) moves to fill a vacancy and thereafter, the Company
retains the right to fill the vacancy at its option.  To be eligible for a vacancy, an employee must bid for the shift
in writing before the five (5) calendar days have expired.  In making such transfer, it shall not result
in overtime that would not ordinarily have been worked.  In applying this Section 13.10, it is
understood consideration will be given to maintaining the necessary experience
and capabilities on each of the shifts and in doing so, if necessary, the least
senior employee on each shift capable of performing the job, may be transferred
to another shift for the sole purpose of maintaining the necessary experience
and capabilities of the designated shift.


 


11

















 


Section 13.11.   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 employee is laid off and no work is
available to him as a part time employee, then the employee has recall rights
for eighteen (18) months as provided in Section 13.4.  Under no circumstances can it be construed that an employee in
part time status has any rights to benefits provided to full time employees contained
in the CBA.


 


Section 13.12.   An employee shall lose his seniority if he:


 


(1)           Voluntarily
quits;


 


(2)           Is
discharged for just cause;


 


(3)           Does not
return on time from a leave of absence granted under Article 10 hereof;


 


(4)           Fails
while on layoff, upon receipt of notice from the Company that work is
available, to report to the Company his availability for work within
twenty-four (24) hours;


 


(5)           Fails,
while on layoff, upon notice from the Company that work is available to report
to the Company for work within three (3) working days unless such time is
extended;


 


(6)           Transfers
out of the bargaining unit, except as provided in Sections 13.6 and 13.7 of
this Article;


 


(7)           Is absent
for two (2) consecutive working days without notifying the company, except in
the case of a verifiable emergency.


 


(8)           Is awarded
compensation for a permanent total disability due to injury or illness as
defined by the insurance carrier, Social Security Administration, or VA.


 


(9)           Has not
worked for the Company for one (1) year for any reason, except as provided in Article
13.4 for employees awaiting recall.


 


Section 13.13.   No employee that has been awarded a shift bid may trade with
another employee until at least sixty (60) days from the date of the actual
transfer of the awarded bid.


 


Section 13.14.   Bargaining unit employees may, and are encouraged to, apply for
supervisory or managerial positions outside the bargaining unit.  However, the Company retains the right to
fill the position at its own discretion from inside or outside the bargaining
unit.


 


12

















 


Section 13.15.   Dispatcher/Desk Sergeants shall have seniority among
themselves.  Any vacancy that becomes
available in the Dispatcher/Desk Sergeant position shall be filled by the
senior Dispatcher/Desk Sergeant who desires the vacancy.


 


Section 13.16.   Any employee may request in writing to the Company to revert
back to a part time status, provided there is work available to the employee as
a part time employee.  The employee will
be placed in the lowest seniority position available to him in the part time
ranks.  If the Company grants the
employee his request, the employee will not retain any seniority rights within
the full time ranks, as provided for in the CBA.  The employee’s return to a full time status will be provided for
in Section 23.7.


 


ARTICLE XIV


 


HOURS OF WORK AND OVERTIME


 


Section 14.1.   The work day shall be from the beginning of the employee’s
regular shift to the beginning of the same shift on the next day.


 


Section 14.2.   The work week shall begin at 0001 hours on Monday and end at
2400 hours the following Sunday (168 hours later).


 


Section 14.3.   The normal basic hours of work for employees covered by this
Agreement shall be eight and one-half (8.5) hours per day and forty two and
one-half (42.5) hours per week; however, nothing herein shall be construed as a
guarantee of hours.


 


Section 14.4.   Days off for full-time employees shall be consecutive wherever
reasonably possible.


 


Section 14.5.   Work schedules shall be posted ten (10) days prior to the
beginning date, if possible, for the following twenty-eight (28) day
period.  Employees may mutually agree to
exchange schedules, provided the Company approves.


 


Section 14.6.   When it is necessary for an employee to work unscheduled hours,
he shall not be laid off during his regular schedule to offset overtime.  He shall be permitted to work his regular
scheduled days as if no work was performed outside his schedule.


 


Section 14.7.   In addition to Section 14.8, the Company shall allow an overtime
list of those full time employees requesting to be called for available
overtime when no part-time employees are available; and a separate list will be
maintained for the full time employees not wishing to be utilized for casual
overtime.


 


13

















 


a.             The overtime list being allowed is contingent
on the following conditions:


 


(1)           More than
one (1) employee on a particular shift request to be on the overtime shift.


 


(2)           Full time employees sign an agreement to be
on the overtime list.  List to be
maintained by the Shift Captains.


 


(3)           Employees
on the overtime list may request to be taken off the list at any time but, will
not-be allowed to return to the overtime list for sixty (60)-days.


 


(4)           Overtime
hours will be maintained for three (3) month periods, referred to as
quarters.  At the end of each quarter,
all overtime hours worked or refused will be removed from the overtime list and
all employees on the list will begin the new quarter with zero (0) hours.


 


b.             The Company may supersede the Overtime
List if:


 


(1)           Less than
two (2) employees on a particular shift remain on the overtime list, in which
case all full time employees will be considered in accordance with Article
14.8.


 


(2)           A national
emergency; natural disaster or any condition that requires the Company to use
demand overtime exists.


 


(3)           All
employees on the overtime list are unavailable to work overtime.  Then, the available overtime will be filled
in accordance with Section 14.8; however, nothing contained herein shall be
construed that any full time employee, provided he is not on the refusal list,
has relinquished his right to refuse or accept the available overtime, as
provided for in Section 14.11.


 


Section 14.8.   It is understood that the Company may first attempt to fill any
scheduled or unscheduled absence with a part-time employee to avoid
overtime.  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 procedure will be followed:


 


(1)           Full-time
employees on the overtime list who are scheduled to work the succeeding shift
will be offered the opportunity to report to work four (4) hours early.


 


(2)           Should all
full time employees on the overtime list refuse the available overtime,
scheduled full time employees not on the overtime list on the succeeding and
preceding shifts will be offered the opportunity to report four (4) hours early
or four (4) hours over respectively.


 


14

















 


(3)           employees on the succeeding shift refuse the available overtime, then
the full time employee on the overtime list on the preceding shift will be
offered the opportunity to work eight (8) hours overtime.


 


(4)           The Company is then only obligated to call full time employees on the
overtime list on their scheduled days off for eight (8) hours overtime only.


 


(5)           If all full time employees on the scheduled days off refuse the
overtime then the Company may offer eight (8) hours or four (4) hours overtime
to a part time employee working the succeeding or preceding shift, or to a
part-time employee who has worked out for the week and are on their scheduled
off days; however, no employee will be forced to work sixteen (16) hours in
succession.


 


(6)           In the event a full time employee on the overtime list on the
succeeding shift desires to report four (4) hours early for this overtime, then
full time employees on the preceding shift on the overtime list will be offered
the opportunity to work four (4) hours over if the full time employees on the
preceding shift, on the overtime list refuse the available overtime, then full
time employees on the refusal list may be offered the opportunity after which a
part-time employee on the preceding shift may be offered the opportunity to
work four (4) hours over.


 


(7)           Should all full time employees refuse the
available overtime, then the full time employees on the overtime list, on the
succeeding and preceding shift with the least amount of overtime worked, or
offered, will be forced to work.


 


(8)           Should full time employees on the overtime list be unavailable, then
the full time employee on refusal list on the succeeding and preceding shift
with the least worked or offered, will be forced to work.


 


(9)           In any case, the full time employee with the least amount of overtime,
worked or offered will be offered the overtime first.  Should the full time employee’s time be equal, the senior full
time employee will be asked first. 
Should a full time employee be forced to work.  It is understood that those employees requesting in writing, not
to be utilized for overtime, may still be utilized in the event of demand
overtime.


 


Section
14.9.   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 2201.


 


Whenever
an off duty employee is called by a supervisor, or his designee, must speak to
the employee for the overtime, the supervisor, or his designee, must speak to
the employee for the overtime to be accepted or refused.


 


Section
14.10.   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


 


15

















 


for four (4) hours at his
regular rate of pay.  This provision shall
not apply in the event of work stoppage caused by a labor dispute of employees
covered by this Agreement, or in case of a flood or disaster over which the
Company has no control.


 


Section 14.11.   The Company will maintain an up-to-date overtime roster showing
the overtime hours worked or refused by employees.  The overtime record snail be made available to employees on
request, by the supervisor.


 


Section 14.12.   Overtime rates of one and one-half (1 1/2) times the regular
rate of pay shall be paid:


 


(1)           For all
time worked in excess of eight (8) hours in any one (1) work day or in excess
of forty (40) hours in any one (1) work week.


 


(2)           For all time worked on a full-time
employee’s scheduled days off provided he has worked all of his other regularly
scheduled hours during the week.


 


(3)           In the
event of an emergency site closure declared by the Emergency Operations Center
(EOC), due to weather related conditions, when employees not covered by this
collective bargaining agreement are not required to report to work on a
scheduled work day, and are compensated for lost wages; employees covered by
the CBA who are scheduled for work and report to work during a site closure (as
referenced above); will receive the overtime rate for all hours worked during
the site closure.


 


Section 14.13.   Where more than one (1) overtime rate is applicable to the same
hours worked the higher of the applicable overtime rates will be used.  In no case will overtime payments be
duplicated or pyramided for the same hours worked.


 


Section 14.14.   Employees who perform work on the second (swing) shift shall be
paid thirty cents ($.30) per hour shift differential for each hour in addition
to his regular base rate.  Employees who
perform work on the third (graveyard) shift shall be paid fifty ($.50) per hour
shift differential for each hour in addition to this regular base rate.


 


Section 14.15.   The following hours shall be counted as time worked for the
purpose of computing overtime - sick leave, vacation, funeral leave, jury duty,
or duty as a witness.


 


Section 14.16.   An employee who has been suspended for disciplinary reasons or
who is on a leave of absence for more than five (5) days shall have the hours
in the overtime book adjusted to reflect the average number of overtime hours
worked by or offered to employees on his same shift who are on the overtime
list.


 


16

















 


ARTICLE XV


 


UNION REPRESENTATION


 


Section 15.1.   The Union shall be represented by one (1) committeeman, and one
(1) alternate per shift.  The alternate
committeeman shall act as committeeman only when the regular committeeman is
absent.


 


Section 15.2.   Committeeman will not be transferred off their regular shift
without the permission of the involved employee.


 


Section 15.3.   A written list of the Local Union Officers and Committeeman
shall be submitted to the Company as well as any changes in such list, as soon
as such has been determined by the Union.


 


Section 15.4.   Should the Union desire to discuss with the Company subjects no
pertaining to grievances, disputes, interpretations or applications of the
terms of this Agreement, a meeting with representatives of the Company will be
arranged upon written request.  An
International Representative may also be present and participate in such
meetings.  Under no circumstances will
the Union conduct business/discussions regarding any issues, with the company
customers except the NASA Labor Relations Officer.


 


Section 15.5. 
The Company agrees that the authorized Union Representatives shall not
be hindered, coerced, restrained or interfered with in the performance of their
duties of investigating, presenting, and adjusting grievances as provided in
this Agreement.  In so doing, the Union
Representatives shall not in any way neglect the performance of their assigned
duties in order to adjust grievances.


 


Section 15.6.   An employee who is called to an office or otherwise for the
purpose of being disciplined or a reprimand may request a committeeman or the
local Union President or Vice President and they will be sent for before any
action is taken by the Company.  If the
Union President or Vice President is requested but is not readily available,
the Union will be called.  If the
employee refuses representation, the Union will be notified and advised prior
to the discipline/reprimand meeting, the violation(s) of Company rules and
regulations or the CBA, and the intent and scope of the aforementioned meeting.


 


Section 15.7.   The Company shall pay up to four (4) negotiators representing
the Union at their straight time rate for the time spent during the employee’s
nominally scheduled work period while negotiating a collective bargaining
agreement with the Company, up to a maximum of eight (8) hours per day for two
(2) days.


 


17

















 


ARTICLE XVI


 


GRIEVANCE PROCEDURE


 


Section 16.1.   A grievance is hereby defined as a dispute or controversy
regarding the interpretation of or application of this Agreement.  Any grievance arising between the Company
and the Union or employee(s) represented by the Union shall be settled in the
following manner.


 


Step 1.            An employee or his committeeman having a
complaint or grievance under this Agreement shall discuss the grievance with
the Immediate Supervisor within ten (10) calendar days, or as soon as the
employee had knowledge of the grievance or complaint, or else further
processing is prohibited.


 


Step 2.            If the matter is not resolved by the
Investigator/Day Shift Captain by the next business day (excludes Saturdays,
Sunday, and Holidays); after the Step 1 meeting, then the complaint or
grievance shall be reduced to writing and submitted to the Investigator/Day
Shift Captain or his designee within, seven (7) calendar days after the
Investigator/Day Shift Captain’s response or, if no response, the date such
response was due.  Within five (5)
calendar days from the receipt of such written grievance or complaint, the
Investigator/Day Shift Captain or his designee shall submit his answer in
writing to the aggrieved employee and the committeeman.


 


In reducing the grievance to writing, the following information shall
be stated with reasonable clearness: 
The exact nature of the grievance, the act or acts complained of, by
whom, and when they occurred, the identity of the employee or employees who
claimed to be aggrieved, the provisions, if any, of this Agreement that the
employee or employees claim the Company has violated, and the remedy sought.


 


Step 3.            If the grievance is not resolved in Step 2,
the Union may appeal the grievance by notifying the Project Manager or his
designee in writing within five (5) calendar days after the Union receives the
written answer from the Company in Step 2: Within ten (10) calendar days of
such appeal, a meeting will be held between the Union’s designated
representatives and such management representatives as the Company may
designate.  In the event the grievance
is not resolved at the Step 3 meeting, the Company representative will give a
written answer to the grievance five (5) calendar days from the date of the
Step 3 meeting.


 


18

















 


Step 4.            If the grievance has been processed in
accordance with the requirements of the aforesaid paragraphs and remains
unsettled, the Union may proceed to arbitration within ten (10) days after the
receipt of the Company’s answer in Step 3 above, in accordance with Article 17.


 


Section
16.2.   No settlement of any grievance shall be
deemed a precedent or admissible in any arbitration proceeding.


 


Section
16.3.   It is a specific condition precedent to the
processing of grievances that the time limits specified herein shall be
strictly complied with and are jurisdictional unless waived mutually by the
Union and the Company.  Therefore, any
grievance not originated and processed by the Union within the time limits and
manner provided herein shall be considered settled on the basis of the decision
which was not appealed by the Union, and the matter closed and final and on all
parties and thereafter that particular grievance shall not be presented for
consideration or more the basis for any character of action or proceeding by
any employee or the Union under the Agreement or otherwise.


 


Section
16.4.   For the purposes of this Article and
Article 17, holidays recognized under this contract shall be excluded computing
time period.


 


Section
16.5.   Time limits set forth in this Article may
be extended by mutual agreement in writing between the Project Manager or his
designated representative and the Union President or his designated
representative.


 


ARTICLE XVII


 


ARBITRATION


 


Section
17.1.   If no satisfactory settlement of a
grievance results from the Grievance Procedure outlined in Article 16, the
grievance may be taken to arbitration in the manner hereinafter provided.


 


Section
17.2.   In the event of arbitration, the party
desiring arbitration will meet with the other party seven (7) calendar days
from the date of notice of arbitration and attempt to mutually agree upon an
arbitrator.  If the parties cannot agree
mutually on an arbitrator within seven (7) calendar days they immediately will
jointly write the Federal Mediation and Conciliation Service in Washington,
D.C. for a list of a seven (7) arbitrators from which the parties shall select
an arbitrator to hear the case.  If the
pane! is unacceptable to either party, a new panel shall be requested.


 


Section
17.3.   Within fifteen (15) calendar days after
receipt by the Company and the Union of the list of seven (7) arbitrators, the
Union’s designated representative and, the Company’s designated representative
will select the arbitrator by alternately striking a name from the list until
only one (1) name remains and he will be the arbitrator to hear the case.  The party to strike first shall be
determined by the toss of a coin.


 


19

















 


Section 17.4.   The expenses and fees of the arbitrator, as well as, the other
joint expenses of holding the arbitration shall be borne equally by the Union
and the Company; however, each party shall bear the expense of its own
representatives witnesses, and preparing and presenting its own case.  The minutes of any arbitration case may be
recorded by qualified report if either party so requests.  The party requesting that the minutes be
recorded shall pay the cost of the recording of such reporter.  However, if the other party desires a copy
of the minutes so recorded he shall share the expense of the reporter.


 


Section 17.5.   The-jurisdiction and authority of the arbitrator and his opinion
and award shall be limited to the interpretation of the written provisions of
this Agreement.  The arbitrator shall
have no power to add to, subtract from, or in any way modify the terms of this
Agreement.  The arbitrator selected
shall have no power or authority to substitute his judgment for that of the
Company in cases where the Company has retained discretion or the right to act
under this Agreement.  In cases of
discipline or discharge, the Arbitrator may reverse the action of the Company
or modify the penalty imposed only if it is established by clear and convincing
evidence that the Company’s action was clearly arbitrary.  In no case shall the imposition of a penalty
provided in a written company rule or regulation be deemed arbitrary.  The party contending that a violation has
been committed shall bear the burden of proof and the burden of going forward
in all cases, except those cases involving discharge.  The decision of the arbitrator shall be final and binding upon
the Company, Union and employee(s).


 


Section 17.6.   The arbitrator shall not have authority or be empowered to grant
extension or renewal of this Agreement.


 


Section 17.7.   The Company shall not be required to pay back wages prior to the
date a written grievance was filed with the Company.  All awards of back wages shall be limited to the amounts of wages
the employee would otherwise have earned from his employment with the Company
during time periods as above defined, less any unemployment or other
compensation that he may have received from any source during the period he was
off from work.


 


ARTICLE XVIII


 


DISCIPLINE AND DISCHARGE


 


Section 18.1.   No employee covered by this Agreement who has successfully
completed his probationary period shall be disciplined or discharged except for
just cause.


 


Section 18.2.   Just cause for discharge or discipline may be, but is not
limited to, failure to meet or maintain client requirements, violations of the
Company’s reasonable rules and regulations or other valid reasons.  The Company has the right to amend or issue
new Company Rules and Regulations at any time with due notification to the
employees.


 


20

















 


Section 18.3.   An employee who is disciplined or discharged will be shown a
copy of the Disciplinary Counseling Report (DCR).  The employee is required to sign the DCR, but in doing so does
not mean that the employee agrees with the contents of the DCR, only that he
has read same.  In imposing any
disciplinary action on a current charge, Company shall not take into account
any written discipline occurring more than twelve (12) months previously.  The Company shall not take into account any
documented verbal counseling more than nine (9) months previously, unless the
documented verbal counseling is for the same-offense, employee shall have the
right to grieve on a DCR.


 


Section 18.4.   There will be no harassment of the Employer or the Union by
either Union or non-Union employees. 
Any report of any employees, Union or non-Union, making as a practice anti-union
or anti-employer statements, or otherwise attempting to damage the relationship
of the Company and the Union will be considered a proper basis for a grievance.


 


Section 18.5.   An employee committing a minor infraction of Company rules or
regulations as determined by the Company, may be called to an office or
otherwise for the purpose of a counseling session, to discuss the
violations.  The intent of such
counseling meetings is to discuss the infraction with the employee and ways to
correct the problem; also to discuss with the employee, his past employment
record.  The employee shall have the
right to request Union representation for such counseling session.  The counsel session will be documented as a
documented verbal counseling.  However,
nowhere herein contained can it be construed that a counsel session is the same
as a written warning as provided for in Section 18.3.  The employee is required to sign the documented verbal
counseling, but in so doing, this does not mean the employee agrees with the
contents of the counsel document, but only that he is in receipt of and has
read same.


 


ARTICLE XIX


 


UNIFORMS AND EQUIPMENT


 


Section 19.1.   The Company will furnish sufficient issues of uniform shirts,
trousers, (summer and winter) caps, gloves, jackets, rubber boots, top coats,
rain coats and pants, and any other equipment excluding personal items of
clothing which the Company requires employees to use in the performance of
their duties.


 


Section 19.2.   The Company will dry clean or launder shirts, trousers and top
coats.


 


21

















 


ARTICLE XX


 


WAGES


 


Section 20.1.   The following rates of pay shall be effective on the dates
indicated and thereafter for employees covered by this Agreement:


 


	
  Guard

  	
   

  	
  11/05/03

  	
   

  	
  11/05/04

  	
   

  	
  11/05/05

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  New Hire

  	
   

  	
  $

  	
  10.92

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  6 Months

  	
   

  	
  11.76

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  12 Months

  	
   

  	
  14.00

  	
   

  	
   

  	
   

  	
   

  	
   

  
									



 


Section 20.2.   The Dispatcher/Desk Sergeant rate of pay will be the guard rate
plus $0.50 per hour.


 


Section 20.3.   Part-time employees shall receive the guard rate plus $0.40 per
hour.


 


ARTICLE XXI


 


GENERAL PROVISIONS


 


Section 21.1.   Non-bargaining unit employees, including supervisory employees,
shall not perform bargaining unit work except in the case of emergencies or for
training employees.


 


Section 21.2.   Pay days shall be bi-weekly, every other Friday.  The Company reserves the right to change pay
periods or paydays for legitimate business reasons, provided the Union and employees
are given at least three (3) weeks notice of the change.


 


Section 2.1.3.   If it is impossible for an employee to vote on his own time, the
Company shall allow the employee a reasonable period of time off without pay
from assigned Company duties to vote in a national, state, or local election.


 


Section 21.4.   It is agreed that employees will be given necessary relief for
restroom breaks.


 


Section 21.5.   Employees shall remain at their post until properly relieved or
until instructed to leave by supervision; when so relieved, he may leave his
post and log out.


 


Section 21.6.   An employee injured on the job while performing his work, shall
be paid his regular straight time rate for time lost from work receiving
medical attention on that day up to the balance of his regular shift in which
the injury occurred, if he is unable to return to work during the shift.


 


22

















 


Section 21.7.   It is agreed and understood that employees will be required to
meet all requirements in the Company’s contract with NASA and any requirements
established thereafter by NASA, including but not limited to firearms
requirements.  Each employee, upon
request, will be furnished with 100 practice rounds each six (6) month period.


 


Section 21.8.   Any employee working on an overtime assignment will not be permitted
to bump the relief dispatcher.


 


Section 21.9.   In the event of the death of an employee, accrued sick and
vacation pay, or any unpaid scheduled work the employee had completed prior to
his death, shall be paid to the surviving spouse, or to the estate of the
deceased.


 


Section 21.10.   If a full time employee calls to request time off, the on-duty
shift captain may authorize the time off by radio or will obtain the telephone
number of the employee and return the telephone call in a timely manner.


 


ARTICLE XXII


 


INSURANCE PROGRAM


 


Section 22.1.   The Company shall pay 100% of the cost of the premium for
medical, dental, life and AD&D insurance coverage for the full-time
employee.  The Company shall contribute
seventy-five percent (75%) of the health care premium toward dependent
coverage, if the employee elects such coverage.  Deductions for dependent coverage shall be deducted each pay
period.  The Company may offer supplemental
employee and dependent coverage which will be paid 100% by the employee through
payroll deduction if elected.


 


Section 22.2.   Should the cost of premium levels exceed the current rates, any
increase in premium shall be shared seventy-five percent (75%) by the Company
and twenty-five percent (25%) by the employee for dependent health
coverage.  Should insurance rates
decrease, any decrease in premium shall be credited seventy-five percent (75%)
to the Company and twenty-five percent (25%) to the employee for dependent
health coverage.  The Company will
notify the Union in advance of any change in premium (up or down).


 


Section 22.3.   Employees who do not participate in the plan will not receive
monetary rebates.


 


Section 22.4.   The Company reserves the right to change Insurance providers
and/or plan no more than once per calendar year providing current benefits are
not reduced.


 


23

















 


ARTICLE XXIII


 


PART-TIME


 


Section 23.1.   It is agreed that there will be a limit of 35% part-time
employees of the total bargaining unit employed by the Company during the term
of this Agreement.


 


Section 23.2.   Part-time employees will not receive fringe benefits, nor shall
they have any seniority rights under the contract.


 


Section 23.3.   No part-time employee will be worked more than forty (40) hours
in a week unless all full-time employees have refused such overtime.


 


Section 23.4.   The Company will identify all part-time employees as such by
date of hire on a separate section of the regular seniority list to be
furnished to the Union.


 


Section 23.5.   No part-time employee will be used to fill a Dispatcher Slot
when a full time employee qualified to perform the job is on duty and desires
to perform the work.


 


Section 23.6.   Part-time employees will have seniority among part-time
employees only.  After becoming a
full-time employee the employees seniority will begin on the first day worked
as a full-time employee and if he has been employed as a part-time employee for
a period of six (6) months or longer he will not be required to serve another probationary
period.


 


Section 23.7.   Part-time employees will be offered openings in the full time
ranks in order of their part-time seniority. 
If all part-timers decline offers of full-time employment, the Company
may hire from outside the bargaining unit.


 


Section
23.8.   It is understood that the Company may use
part-time employees whenever possible to avoid overtime.  If possible, the following procedures or
guidelines will be followed in the use of part-time employees to fill scheduled
or unscheduled absences created by full time employees for any reason.  The Company may supersede these procedures
if by following such, over time would be caused that would not ordinarily have
occurred:


 


(1)           The senior part-time employee will be
offered work first, provided all part-time employees hours worked from the
previous week are equal.


 


(2)           The part-time employee with the least amount
of hours worked or offered from the previous week shall be offered work first.


 


24

















 


(3)           If all part-time employees hours worked are
equal, then the available work will be filled by seniority within the ranks of
part-time employees.


 


(4)           If all hours worked, are not equal from the
previous week, then the part-time employee with the least amount of hours
worked will be first, the part-time employee with the most hours worked will be
last to be offered work.


 


The last shift worked by a part-time employee may not allow the
part-time employee to be called first for the start of the next work week.  In any case, the part-time employee with the
least amount of hours or the senior part-time employee, whichever applies, will
be called for the first available shift that would not result in him being paid
overtime, that ordinarily would not have occurred.


 


Section 23.9.   In the event a part-time employee is unavailable for work for
any reason, with the exception of military leave, he will not be allowed to
work again until all part-time employees who were available for work are offered
work before stated part-time employee; nor shall he be returned to his original
position in the rotation of the part-time ranks for the duration of the work
week.  The Company may choose to
supersede these procedures if it may result in overtime that ordinarily would not
have occurred.


 


Section 23.10.   The following procedures may be followed in an attempt to
contact part-time employees for available work:


 


(1)           Any
part-time employee contacted by a beeper/pager will be given thirty (30)
minutes to return the attempted contact before the Shift Captain attempts to
contact another part-time employee.


 


(2)           The
on-duty supervisor must speak to the part-time employee, when possible, if
offering the available work.


 


(3)           Only phone
calls to the residence of the part-time employee’s beeper/pager contact, a
personal contact, or any other telephone number supplied by the part-time
employee may be used to charge a part-time employee as being unavailable.


 


(4)           A
part-time employee will not be charged as unavailable more than once for the
same work offered.


 


ARTICLE XXIV


 


WAIVER


 


The waiver or
any breach of any of the provisions or terms of this Agreement by either party
does not constitute a precedent for any future waiver or enforcement of such
breach.


 


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ARTICLE XXV


 


SAVINGS
CLAUSE


 


In the event that any
portion of this Agreement is invalidated by the passage of legislation or an
award of a court of competent jurisdiction, such invalidation shall apply only
to those portions thus invalidated, and all remaining portions of this
Agreement not invalidated shall remain in full force and effect.


 


ARTICLE XXVI


 


PENSION
PLAN-IRA


 


Section
26.1.   For the duration of this collective
bargaining agreement, the Company agrees to make a contribution to individual
IRA Accounts established in the name of each employee covered by this agreement
at Hancock Bank, SSC Branch, Mississippi as follows:


 


(1)           The Company shall make a contribution to the above named program on the
basis of $0.60 per hour worked up to a maximum of forty (40) hours per week for
all hours worked.


 


(2)           Payments to the Program are due by the twentieth day of the month
following the month in which they are accrued.


 


Section
26.2.   The IRA account must be set up by each
full-time employee within the first pay period of full-time status.


 


Section
26.3.   The Company has no responsibility for the
IRA accounts, other than to make contributions in accordance with Section 26.1.


 


ARTICLE XXVII


 


NOTICES


 


Section
27.1.   Any notices required under the terms of
this Agreement shall be given in writing to the following:


 


26

















 


(1)           To the Company – Addressed to:


 


William
L. Turner


Project
Manager


Paragon
Systems, Inc.


Building
3101


Stennis
Space Center, MS 39529


 


 


(2)           To the Union – Addressed to;


 


President,
Local Union 711


Building
2201


Stennis
Space Center, MS 39529


 


Section
27.2.   Either party desiring to change the
identity of the person to be addressed as set forth in Section 27.1 may do so
at any time by giving notice thereof to the other party in writing by certified
mail.


 


ARTICLE XXVIII


 


SCOPE OF
AGREEMENT


 


During the negotiations
resulting in an Agreement, the Company and the Union each had the unlimited
right and opportunity to make demands and proposals with respect to any subject
matter as to which the National Labor Relations Act imposes an obligation to
bargain.  This Agreement contains the
entire understanding, undertaking, and agreement of the Company and the Union,
after this right and opportunity, and finally determines all matters of
collective bargaining for its term. 
Changes in this Agreement, whether by addition, waiver, deletion,
amendment, or modification, must be reduced to writing and executed by both the
Company and the Union.


 


ARTICLE XXIX


 


DURATION


 


Section
29.1   This Agreement becomes effective May 5,
2003 and will remain in full force and effective until midnight, Nov. 5, 2006,
and from year to year thereafter, unless either party gives written notice, 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.


 


27

















 


Section 29.2  
For the purpose of negotiating changes in wages, the parties shall meet
on or about August 1st of each contract year.


 


28

















 


IN
WITNESS THEREOF, the parties hereto have signed this agreement on this 5 day of
May 2003.


 


 


	
  INTERNATIONAL
  UNION SECURITY

  	
  PARAGON
  SYSTEMS, INC.

  
	
  POLICE,
  FIRE, PROFESSIONALS OF AMERICA

  	
   

  
	
  AMALGAMATED
  LOCAL 711

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ Bobby R. Jenkins

  	
   

  	
  /s/ Charles Keathley

  	
   

  
	
  Bobby R. Jenkins

  	
  Charles Keathley

  
	
  Vice President

  	
  President

  
	
  SPFPA – Region 10

  	
  Paragon Systems, Inc.

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/ [ILLEGIBLE]

  	
   

  	
  /s/ William Turner

  	
   

  
	
  SPFPA – Local 711

  	
  William Turner

  
	
   

  	
  Project Manager

  
	
   

  	
  Paragon Systems, Inc.

  
	
   

  	
   

  
	
   

  	
   

  
	
  /s/
  [ILLEGIBLE]

  	
   

  	
   

  
	
  SPFPA – Local 711

  	
   

  



 


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