COLLECTIVE BARGAINING AGREEMENT
TRINITY PROTECTION SERVICES, INC.
UNITED GOVERNMENT SECURITY OFFICERS OF
LOCAL 223 (CALIFORNIA)
October 1, 2010 – September 30, 2011
ARTICLE I PARTIES AND TERMS OF AGREEMENT .............................................................4
ARTICLE II INTENT......................................................................................................................5
ARTICLE III RECOGNITION .......................................................................................................6
ARTICLE IV WORK OF BARGAINING UNIT EMPLOYEES ...................................................7
ARTICLE V MANAGEMENT RIGHTS .......................................................................................8
ARTICLE VI DISCIPLINE AND DISCHARGE ...........................................................................9
ARTICLE VII NO STRIKES/NO LOCKOUT .............................................................................12
ARTICLE VIII REDUCTION OR INCREASE IN FORCES ......................................................13
ARTICLE IX PROBATIONARY/TEMPORARY BARGAINING UNIT EMPLOYEES ..........14
ARTICLE X GRIEVANCE PROCEDURE ..................................................................................15
ARTICLE XI ARBITRATION .....................................................................................................17
ARTICLE XII CONTRACT MANAGER AND SITE SUPERVISOR ........................................19
ARTICLE XIII HOURS OF WORK .............................................................................................20
ARTICLE XIV OVERTIME .........................................................................................................22
ARTICLE XV SCALE OF WAGES .............................................................................................23
ARTICLE XVI HOLIDAYS .........................................................................................................24
ARTICLE XVII PERSONAL TIME OFF ....................................................................................25
ARTICLE XVIII JURY/WITNESS DUTY ..................................................................................28
ARTICLE XIX BEREAVEMENT LEAVE/OTHER LEAVE .....................................................29
ARTICLE XX NOTICE ................................................................................................................30
ARTICLE XXI CONFLICTS WITH THE LAW .........................................................................31
ARTICLE XXII SAFETY AND HEALTH ..................................................................................32
ARTICLE XXIII MILITARY LEAVES OF ABSENCE ..............................................................33
ARTICLE XXIV UNION REPRESENTATIVES ........................................................................34
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ARTICLE XXV DUES CHECKOFF ............................................................................................36
ARTICLE XXVI POSTING ..........................................................................................................37
ARTICLE XXVII UNIFORMS .....................................................................................................38
ARTICLE XXVIII HEALTH AND WELFARE BENEFITS .......................................................39
ARTICLE XXIX FILLING A VACANCY ..................................................................................40
ARTICLE XXX SENIORITY .......................................................................................................42
ARTICLE XXXI PARKING .........................................................................................................45
ARTICLE XXXII PHYSICAL EXAMS .......................................................................................46
ARTICLE XXXIII PERSONAL DATA .......................................................................................47
ARTICLE XXXIV "ARMED OFFICER" CERTIFICATION .....................................................48
ARTICLE XXXV UNFORESEEN CIRCUMSTANCES.............................................................49
ARTICLE XXXVI UNION SECURITY ......................................................................................50
ARTICLE XXXVII WORK INJURIES ........................................................................................51
ARTICLE XXXVIII PERSONNEL RECORDS...........................................................................52
ARTICLE XXXIX TRAINING ....................................................................................................53
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PARTIES AND TERMS OF AGREEMENT
THIS AGREEMENT is made and entered into effective this 1st of October 2010, between
TRINITY PROTECTION SERVICES, INC., hereinafter referred to as the Company, and
International Union, United Government Security Officers of America, and its Local Number
223, hereinafter referred to as the Union(s).
This agreement will be effective from the date first written above and shall continue in full force
and effect until Midnight, September 30, 2011. Thereafter, it shall be considered automatically
renewed for successive periods of twelve (12) months unless, at least ninety (90) days prior to
the end of any effective twelve month (12) period, either party shall serve notice upon the other,
as prescribed herein, that it desires cancellation, revision, or modification of any provision or
provisions of this Agreement. If either party serves such notice, the parties shall engage in good
faith bargaining and attempt to reach an agreement with respect to the proposed change or
changes at least sixty (60) days prior to its expiration. This agreement shall be passed on to the
successor to the extent that the law would make the provisions of this agreement binding.
The Company recognizes its responsibility, under the Service Contract Act, to submit this
document to the Government Contracting Officer in a timely manner along with an appropriate
request to modify the contract with the government to include this document.
The term Client shall refer to the Department of Homeland Security (DHS) or any successor
Agency of the Federal Government responsible for the contracting of security services for the
Federal Facilities to which the Employer is contracted. The Company and the Union recognize
that the Federal Government is not a party to this agreement unless the Federal Government
elects to send an authorized representative to sit at the negotiation table and negotiate the terms
and conditions of employment and properly execute this document along with the parties.
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Section 1. The general intent of this Agreement is to promote the mutual interests of the
Company and its Bargaining Unit Employees, and to provide for the operation of the Company's
business under methods which will further, to the fullest extent possible, the safety of the
Bargaining Unit Employees, protection of property, and avoidance of interruptions to service.
The parties to the Agreement hereby agree to cooperate fully for the purpose of preventing and
Section 2. This Agreement covers only those matters specifically contained herein and
supersedes all prior collective bargaining agreements between the Company and the Union.
Section 3. The Union and the Company agree to work sincerely and wholeheartedly to the
end that the provisions of this Agreement will be applied and interpreted fairly, conscientiously,
and in the best interest of all concerned. The Union and the Company agree that they will use
their best efforts to cause the Bargaining Unit Employees, individually and collectively, to
perform and render loyal and efficient work and services on behalf of the Company. Neither the
Company's or the Union's Representatives nor their members will intimidate, coerce or
discriminate in any manner against any employee of the Company by reason of his/her
membership and activity or non-membership or non-activity in the Union. Neither the Company
nor the Union will discriminate against any employee because of race, color, religion, sex, sexual
orientation, age, national origin, Vietnam Era Veteran status, or disability. The Company and
the Union recognize that the object of providing equal employment opportunities for all people is
consistent with the Company and Union philosophy, and the parties agree to work sincerely and
wholeheartedly toward the accomplishment of this objective.
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Section 1. The Company hereby recognizes the Union as the sole and exclusive Bargaining
Representative with respect to rates of pay, wages, hours of employment, or other terms and
conditions of employment for all Security Officers (Guards) as defined in Section 9 (b) (3) of the
National Labor Relations Act, as amended, employed by the Company under the Department of
Homeland Security or successor Agency, contract or any successor contracts, covering the
Sacramento, CA and surrounding areas including the cities listed below and the counties of
Mendocino, Sutter, Del Norte, Alpine, Amador, Nevada, Sierra, Tehama, Modoc, Siskiyou,
Trinity, Sacramento, San Joaquin, Placer, Shasta, El Dorado, Calaveras, Butte, Stanislaus,
Lassen, Lake, Yolo, Humboldt, Napa, Solano, Sonoma, and Del Norte excluding all office
clerical employees, professional employees, employees not physically working on the
Government sites, employees enrolled or participating in pre-assignment training programs
offered by the Company and supervisors as defined in the Act. Employees represented by the
Union as described in the preceding sentence are refereed to herein as Bargaining Unit
Employees. Note: A supervisor is an individual having authority, in the interest of the
employer, to hire, transfer, suspend, lay off, recall, demote, promote, discharge, assign,
reward, or discipline other Bargaining Unit Employees, or responsibility to direct them to
adjust their grievances, or effectively to recommend such action.
All full-time regular and part-time security officers, guards, security police officers, and
sergeants employed by the Employer working inside and outside of Federal Buildings located in
the cities of Auburn, Carmichael, Chico, Citrus Heights, Crescent City, Eureka, Lodi, Manteca,
Modesto, Oroville, Placerville, Redding, Roseville, Sacramento, Stockton, Ukiah, Yreka, Yuba
City, and Folsom Dam in Folsom, California; excluding all office employees, clerical employees,
secretaries, Captains, Lieutenants, Management Personnel, and supervisors as defined in the Act.
Section 2. The Company recognizes that Bargaining Unit Employees performing work under
this agreement are covered under the Service Contract Act and as such, the Service Contract Act
and determinations are the minimum standards applicable.
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WORK OF BARGAINING UNIT EMPLOYEES
Section 1. The work of Bargaining Unit Employees shall be the work historically performed
by the Bargaining Unit Employees within the bargaining unit and new or additional bargaining
unit work assigned to the unit by the Company or predecessor Contractor. The Contract
Manager, Project Manager, Site Supervisor, and/or their substitutes/replacements may be called
to perform the duties of a Security Officer only in emergency situations (Security Officer not
reporting for duty, late for duty, becoming sick while on shift, etc.) until a Bargaining Unit
Employee may be called in. In emergency situations, if there is not a Bargaining Unit Employee
that may be called in without that Bargaining Unit Employee incurring excessive travel expenses
or without placing undue financial hardship on the Company, the Contract Manager, Project
Manager, Site Supervisor, and/or their substitutes/replacements shall be allowed to perform the
duties of a Security Officer. In the case of an Officers leaving in an Emergency, Management is
not required to attempt to call in a replacement if less than two (2) hours remain until the end of
that Officers shift.
Section 2. Bargaining Unit Employees covered by this agreement are contracted employees
that are contracted to the Federal Government and as such, are covered by the Service Contract
Section 3. Management and Administrative employees of the Company will not work
Bargaining Unit positions (productive hours) covered under this contact except as stipulated in
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Section 1. Except as otherwise specifically provided in this Agreement, the Union
recognizes the right of the Company to operate and manage its affairs in all respects and the
powers and authority which the Company has not officially abridged, delegated, granted or
modified by this Agreement are retained by the Company. Management rights include, but are
not limited to, the following:
A. The determination of policy, including the right to manage its operations in all
respects except as specifically modified by this Agreement;
B. The right to assign work hours, including shift assignment and overtime except as
specifically modified by this Agreement;
C. The right to assign Employees to other duties except as specifically modified by
D. The right to hire, promote and transfer Employees; and to suspend, demote,
discharge or take other disciplinary action for just cause except as specifically modified by this
E. The right to determine the size of the work force, the determination of job
classifications and ranks based on duties assigned and the determination of the number of
personnel on each shift except as specifically modified by this Agreement;
F. The determination of safety, health, and property protection measures except as
specifically modified by this Agreement;
G. The establishment, modification, addition and enforcement of rules, regulations,
policies and procedures necessary to carry out the lawful operations of the Company except as
specifically modified by this Agreement;
H. The introduction of new, improved or different methods and techniques of
operations or of changes in existing methods and techniques except as specifically modified by
I. The determination of the number of ranks and the number of Employees in each
rank except as specifically modified by this Agreement; and
J. The determination of the amount of supervision necessary.
Section 2. The Company agrees to notify the Union, in writing, prior to any changes in
policy or work rules affecting the Bargaining Unit Employees in order for the Union to register
any suggestion or objection prior to implementation. This applies to permanent or extended
policy or rules and not immediate or temporary policy or rules required to handle imminent or
12942.001.1533728v2 Page 8 of 54
DISCIPLINE AND DISCHARGE
Section 1. The Union recognizes and acknowledges that the Company has the duty of
maintaining good discipline among its Bargaining Unit Employees and the Company recognizes
and acknowledges that a good training program and progressive discipline are the keys to a
Section 2. The Company shall have the right to discipline and discharge Bargaining Unit
Employees for just cause. The disciplinary action will be administered within seven (7) calendar
days of the offending conduct, excluding Saturday, Sunday, and holidays, unless for operational
reasons the seven (7) calendar day period has to be extended, however, disciplinary action will
not be withheld for an unreasonable period of time. The Company will notify the Union as soon
as practical, in writing, of any such impending disciplinary action. The Company's receipt of a
Form 2820 is serious event that reflects poorly on the Company and the subject Officer. If a
Form 2820 is issued as a result of act or omission of an Officer, the Form 2820 is presumed to be
Section 3. The Company agrees that all discipline will be administered only when there is
just cause and will normally use progressive discipline methods to assure just, equal and fair
treatment of all Bargaining Unit Employees. Progressive discipline does not prohibit termination
without other formal disciplinary steps (verbal or written warning) in the case of serious or
egregious violations. The Company will facilitate the Unions investigation by providing access
to all applicable records and documents.
Section 4. If an officer fails the third range qualification session he/she shall be terminated
without recourse to the grievance arbitration procedure of the contract.
Section 5. After imposing a penalty for an offense, the Company may suspend all or part of
such penalty or penalties on condition of good behavior.
Section 6. When an individual accepts employment with the Company, they are expected to
conduct themselves with proper regard for the rights of others.
Section 7. While on Company or Client premises for the purpose of investigating a
grievance a Representative of the Union shall remember they are on the Clients property and
maintain a professional demeanor at all times when present before the Client or the Clients
Bargaining Unit Employees, visitors, or customers. During representation meetings, both parties
agree to conduct themselves in a mutually respectable, professional manner.
Section 8. The Company and the Union agree that attendance is very important to the
Company's Operation. Calling off at the last minute or arriving late for duty interrupts your
fellow Officers lives and interferes with the Company's ability to fulfill their Contract with the
Client. The Company and the Union urges all Officers to be punctual to work and give as much
notice as practical when calling off from duty, but not fewer than four hours from the start of
her/his shift. The Company agrees that a Doctors excuse will not be required until the third
consecutive call off. See employee handbook for the Company's attendance policy.
12942.001.1533728v2 Page 9 of 54
Section 9. The Company and the Union agree that the supervisor should not assume
Bargaining Unit Employees will learn rules by word of mouth. Initially, work rules may be
communicated orally, but it is necessary to reinforce this communication in writing.
Announcements in newsletters and notices on bulletin boards are the most common forms of
communication and may be reinforced by inclusion in policy manuals, collective bargaining
agreements and Employee handbooks. Once published and posted, copies of rules and policies
should be accessible to management and Bargaining Unit Employees at all times to encourage an
atmosphere of open communication and prevent policies from becoming "sacred "Documents".
Supervisors who enforce work rules consistently and without discrimination gain the respect and
cooperation of their Bargaining Unit Employees. This respect can be quickly lost if some
Bargaining Unit Employees are allowed to "bend the rules". Being overly lenient or overlooking
rules altogether invites disrespect and over a period of time the rules become dormant and
unenforceable. By establishing clear, reasonable, and understandable work rules,
communicating the rules to Bargaining Unit Employees and applying the rules consistently, the
supervisor is setting the standards for Employee performance and behavior. As one might
expect, not every Employee will measure up to performance standards or comply with
established work rules.
Section 10. All Employment actions whether interview or disciplinary meeting will count as
time worked and the Bargaining Unit Employee will be compensated for that time provided the
action occurred during the employee's scheduled shift.
Section 11. Because nepotism can have a major negative impact on the work force, it is
agreed that a supervisor can not directly supervise relatives working under this contract. This is
meant to deter special treatment of one Employee over another.
Section 12. The Bargaining Unit Employee will be entitled to an appeal process available
through the Company and Government Contract in accordance with the Federal Acquisition
Regulations (Title 48 CFR) and the Administrative Procedures Act.
Section 13. The Company agrees that unauthorized personnel shall not administer or threaten
discipline. This shall be reserved for appropriate managers and the Company will not unduly
intimidate Bargaining Unit Employees during investigations or interviews by "ganging up" on
the Bargaining Unit Employees with more than two (2) Management members questioning the
Bargaining Unit Employee during an interview. All such interviews or questioning shall be
conducted in private and professional behavior shall be the rule. Cursing or abusive language
will be considered as improper behavior for Management personnel.
Section 14. A Bargaining Unit Employee who earns/receives four (4) Disciplinary Infractions
(as defined below) within twelve (12) months shall be immediately placed on probation for one
hundred twenty (120) days. Upon the successful completion of the probation, such employee
shall continue his/her employment without loss of seniority .
A Disciplinary Infraction is any violation of a work rule, policy or procedure imposed by
the Company, the Federal government or any unit, department, agency or other thereof which
applies to the Bargaining Unit Employee's employment. A Disciplinary Infraction includes, but
is not limited to: failure to properly wear credentials, possession of the wrong ammunition, use
12942.001.1533728v2 Page 10 of 54
of cell phone while on duty, sleeping, fighting, not in possession of the proper equipment, Form
139 errors, causing the issuance of a Form 2820.
The discipline described in this section is not exclusive. The Company may impose the
appropriate measure of discipline it deems appropriate given the totality of the circumstances.
12942.001.1533728v2 Page 11 of 54
NO STRIKES/NO LOCKOUT
Section 1. There shall be no strikes (including sympathy or wildcat strikes), sit-downs, slow-
downs, work stoppages, boycotts, or any acts honoring a picket line that interfere with the
Company's operations during the term of this Agreement by the Union, its officers, and
members. The Company recognizes the Bargaining Unit Employees right to participate in
"informational picketing" on their own time. It is understood that the foregoing proscriptions are
specifically intended to include, but are not limited to, the following:
The honoring of a picket line of any other organized unit at the Company or of
any other group or individual; and
The participation in or support or encouragement of any consumer boycott,
advertising boycott, or information picketing of any other organized unit at the
Company that causes interference with the Company's operation, the
Government's operation or the Client's operation.
Section 2. The Union agrees that it will not authorize, ratify, or condone any strike or any
other activity described herein. In the event of any strike or any other proscribed activity not
authorized, ratified, or condoned by the Union, the Union and its officers, agents, and
Representatives will make every good faith effort to end such activity. Such good faith efforts
must include, but are in no way limited to the following:
The Union will, as soon as possible, declare to the Union's board and to the
Company that such action is unauthorized;
The Union will inform all Bargaining Unit Employees who participate in the
strike or other proscribed activity that it is their individual responsibility; and
The Union will instruct all Bargaining Unit Employees involved in the strike or
other proscribed activity to immediately cease this violation of their Agreement
and to return to work.
Section 3. The Employer agrees that there shall be no lockout during the life of this
Section 4. Any Bargaining Unit Employee who is involved in the illegal strike or other
illegal proscribed activity may be immediately terminated.
12942.001.1533728v2 Page 12 of 54
REDUCTION OR INCREASE IN FORCES
Section 1. Bargaining unit seniority shall be calculated from the last date of hire into the
bargaining unit by region as defined in Article XXX, Section 2 within this document.
Section 2. If laid off for lack of work, a Bargaining Unit Employee shall be retained on the
recall list for a period of time equal to his/her total length of Bargaining Unit Service, but in no
event longer than two (2) years.
Section 3. Whenever there is to be a reduction in force in the Bargaining Unit, probationary
Bargaining Unit Employees will be laid off first. The following procedure will be used to lay off
remaining Bargaining Unit Employees:
(a) Bargaining Unit Employee(s) with the least Bargaining Unit seniority and
classified as other than full time will be the first to be laid off.
(b) Any excess hours created by the above action will be offered to the
remaining Bargaining Unit Employee (s) in seniority order. The Company may
require all Bargaining Unit Employees retained from the layoff to assume a forty
(40) hour assignment. If a Bargaining Unit Employee retained from layoff
declines to work an increased schedule, the Bargaining Unit Employee may be
subject to layoff. Bargaining Unit Employees assuming an increased schedule of
hours shall not be allowed to decrease hours without permission of the Company.
(c) The Company shall layoff Bargaining Unit Employees in seniority order
after all of the above procedures have been followed.
Section 4. Bargaining Unit Employees will be given a minimum one (1) week notice of lack
of work, provided the Company receives the notification from the Client to that effect prior to
the one (1) week requirement.
Bargaining Unit Employee (s) notified of lack of work will be given the opportunity to fill any
available opening within the Bargaining Unit provided no additional special training or moving
expense is required.
Section 5. Bargaining Unit Employees recalled from lay-off shall be so recalled in like
manner: reverse order of seniority, the last laid off is first to be recalled. All Bargaining Unit
Employees who are laid off will be notified in writing of all times and places for testing(s) and
qualification(s) to offer the Bargaining Unit Employees the opportunity to keep their "training"
current. Once a Bargaining Unit Employee receives written notification, they have seven (7)
days in order to respond before the Company goes to the next eligible Bargaining Unit
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PROBATIONARY/TEMPORARY BARGAINING UNIT EMPLOYEES
Section 1. New Bargaining Unit Employees shall be considered as probationary Bargaining
Unit Employees for the first sixty (60) calendar days of continuous employment starting with the
first day physically worked on a post. An Employee's probationary period can be extended, for
an additional thirty (30) calendar days, by their supervisor, if needed to complete Security
screening or training, and after notification, in writing, to the Union of such reasons.
Section 2. The Company shall have the right to discharge or otherwise discipline
probationary Bargaining Unit Employees during or prior to the end of the probationary period,
with or without cause.
Section 3. Probationary Bargaining Unit Employees shall be entitled to all benefits,
economical and non economical, and shall be afforded representation concerning wages, hours,
and conditions of work, but shall not have rights to the grievances or arbitration with respect to
termination or other discipline
Section 4. The Company and the Union agree that the purpose of the probationary period is
to allow the Company the opportunity to evaluate the newly hired Employee under normal
working conditions. All parties agree the probationary Bargaining Unit Employees will be
treated with the same respect as any other Employee and they shall not be harassed or
intimidated into handling excessive workloads or work assignments not required of regular
Bargaining Unit Employees.
Section 5. The Union will be notified whenever a new hire training class is scheduled. The
Union shall have the right to speak to new hires during the orientation or training period and the
Company will facilitate the Union by allowing time to speak for fifteen (15) minutes prior to the
first day of working on the contract.
12942.001.1533728v2 Page 14 of 54
Section 1. Any grievance as defined herein initiated by a Bargaining Unit Employee or
group of Bargaining Unit Employees shall be handled in accordance with this grievance
Section 2. A grievance is defined as a claim or dispute with the Company by a Bargaining
Unit Employee or a group of Bargaining Unit Employees involving an alleged violation by the
Company of the terms of this Agreement. Grievances resulting in a suspension or discharge may
commence at Step 1 of the grievance procedure. Whenever a grievance form is filled out as part
of the Union records, a copy will be given to the Company.
Section 3. (Informal Step) The Bargaining Unit Employee(s) will attempt to resolve the
grievance by discussion with the applicable Supervisor (dependant on the site) within seven (7)
calendar days, of the time the events giving rise to the grievance became known, either with or
without their designated Union Representative, as the Bargaining Unit Employee shall elect, in
an attempt to settle the grievance. Pending settlement of the dispute and/or grievance, the
Supervisor's order shall be followed.
Section 4. Step 1: Upon receiving the decision of the Supervisor in the Informal Step,
within ten (10) calendar days, the Bargaining Unit Employee(s), if dissatisfied with the
Supervisor's disposition of the request or complaint, may formally present the alleged grievance
in writing to the Contract Manager, with or without their designated Union Representative being
present, as the Bargaining Unit Employee(s) may elect. The grievance presented in this Step
shall be set forth in writing on appropriate forms. The written grievance must recite the Article
of this Agreement, which the individual and/or the Union allege the Company has violated. The
Contract Manager shall be required to answer the complaint within ten (10) calendar days, in
The grievance form must be signed by the Union Representative, as applicable, and dated and
signed by the Bargaining Unit Employee, as applicable. Two (2) copies will be given to the
Contract Manager for disposition. The Contract Manager will sign and date the form and return
one (1) copy to the Bargaining Unit Employee(s) or Union Representative.
Grievances to be discussed at Step 1 meetings may be investigated by the appropriate Union
Representative who shall be afforded such time as may be reasonably necessary for purposes of
If the Contract Manager's decision is not appealed to Step 2 within ten (10) calendar days, the
grievance shall be considered settled on the basis of the decision made and shall not be eligible
for further appeal.
Section 5. Step 2: Any response to a grievance having been processed through Step 1
without satisfactory settlement, including appeals to Step 2, shall be reduced to writing by the
Union Representative, as applicable, signed and dated by the aggrieved Bargaining Unit
Employee, as applicable and the Union Representative, as applicable and submitted to the
12942.001.1533728v2 Page 15 of 54
Contract/Project Manager within ten (10) calendar days. Within ten (10) calendar days from
receipt of the written grievance, the Program/Division Manager will submit an answer in writing
to the Union.
Section 6. Step 3: In the event that a grievance has been processed through Step 2 without
satisfactory settlement, either party may request in writing within ten (10) calendar days, a
meeting between the International Union's designated Representative(s) and the Company's
designated Representative(s) to attempt to resolve the matter prior to appeal to arbitration. This
meeting will occur no later than ten (10) calendar days after receipt of request for the meeting by
either party unless other arrangements are mutually agreed upon by both the Company and the
Union. The location of the meeting will also be determined by both parties and/or may be
conducted via conference call or other electronic means. The results of this meeting will be
reduced to writing signed and dated by both the Union Representative and the Company
Representative and each will receive a copy.
In the event that a grievance has been processed through Step 3 without satisfactory settlement,
the dissatisfied party may, by written notice served on the other party within ten (10) calendar
days, from the date of the Step 3 meeting, appeal the grievance to arbitration.
Section 7. Only the Union or the Company may require arbitration of the other party to this
Section 8. Any grievance submitted that does not conform to this agreement will be
considered null and void. Though this procedure is not intended to prevent the Bargaining Unit
Employee's grievance(s) from being addressed.
Section 9. The Union shall have the right to file a group grievance or grievances involving
more than one (1) Bargaining Unit Employee at the Informal Step of the grievance procedure
without the signature of the Grievants and to process the grievance to arbitration without a
Bargaining Unit Employee's signature.
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Section 1. If arbitration is requested in accordance with the above requirements in Article X,
the parties may agree to pick an Arbitrator or either party may request the American Arbitration
Association to submit a list of seven (7) Arbitrators' names from which to select an Arbitrator
When the list is received, either party may reject the list within five (5) week days of receipt of
the list and request the American Arbitration Association to supply a second list of seven (7) new
names. When the parties have received a list of Arbitrators, and neither side has rejected the list
within the time allowed, the Representative of the party requesting arbitration shall strike one (1)
name from the list. This process shall then be repeated with the parties alternating strikes in
sequence until only one (1) name remains. The person whose name remains on the list shall be
Section 2. Jurisdiction of the Arbitrator selected shall be limited to:
Adjudication of the issues which, under the written terms of this Agreement, are
subject to submission to arbitration;
Arbitrability of the issue;
Interpretation of the terms of this Agreement which are applicable to the issue
presented to the Arbitrator; and
The rendition of a decision or award which in no way modifies, adds to, subtracts
from, changes, or amends any term or condition of the Agreement or conflicts
with the provisions of the Agreement;
Section 3. The following rules shall apply to any arbitration under this Agreement:
The Arbitrator may consider hearsay evidence. The fact that evidence is hearsay
will go to the strength of the evidence, not admissibility.
The Arbitrator shall render a written decision which shall include a statement of
the reasoning and grounds upon which such decision or award is based;
The Arbitrator's award must be based solely on the evidence and arguments
presented to the Arbitrator by the respective parties in the presence of each other,
and the arguments presented in the written beliefs of the parties; and
The Arbitrator shall render the written decision or award within thirty (30)
calendar days of the date the parties' post-hearing briefs are due if the parties
agree to briefs or the Arbitrator orders briefs, otherwise the decision shall be
issued within 30 days following the close of the hearing.
Section 4. Any dispute which arises under the Agreement but which is based on events that
occur after its termination is expressly excluded from the jurisdiction of the Arbitrator.
12942.001.1533728v2 Page 17 of 54
Section 5. The Arbitrator's decision will be final and binding upon the Company, and the
Section 6. Only grievances which involve an alleged violation by the Company of a
provision in this Agreement and which are processed in the manner and within the time limits
herein provided shall be subject to arbitration. Notwithstanding any other provision of the
Agreement, no grievance shall be arbitratable with respect to:
Any matter involving the administration, interpretation, or application of any
insurance plans, which will be governed by applicable Law;
A decision of the Company to not hire an Employee to work on the Government
Contract based on the U.S. Government's or any of its Officials' lawful written
determinations that an Employee is unacceptable to the Government to perform
service on the service contract irrespective of the lawful reason or reasons the
U.S. Government, or any of its Officials find the Employee unacceptable to
perform services. Evidence of the Government's determination shall be given to
the Employee upon termination from the Company. The employee will be
entitled to an appeal process available through the Company and Government
Contract in accordance with the Federal Acquisition Regulations (Title 48 CFR)
and the Administrative Procedures Act.
Section 7. Arbitrator's fees and expenses shall be shared equally by the Union and the
Company. Each party will bear its own legal expenses and costs incident to witnesses. Either
party may order a transcript of the proceeding without obligating the other party to do so.
12942.001.1533728v2 Page 18 of 54
CONTRACT MANAGER AND SITE SUPERVISOR
The operation of and the authority over the security force shall be vested exclusively in the
Company through its Representatives, the Contract Manager and/or Site Supervisor. The
Manager and/or Site Supervisors may be called to perform the duties of a Security Officer only
in emergency situations (Security Officer not reporting for duty, late for duty, becoming sick
while on shift, bona-fide disasters, or any post created additionally to existing assignments, etc.).
In emergency situations, if there is not a Bargaining Unit Member that may be called in without
that member incurring excessive travel expenses or without placing undue financial hardship on
the Company, the Manager or Site Supervisor shall be allowed to temporarily perform the duties
of a Security Officer.
Section 1. Unless otherwise abridged in this agreement, Bargaining Unit Employees shall
perform any and all bargaining unit work pertaining to their respective work assignments.
Section 2. The Company and the Union shall negotiate the days and nights or combination
of days and nights of shifts which Bargaining Unit Employees shall work during the workweek.
Section 3. The Contract Manager and Site Supervisor shall have the authority to call their
work force or any part of it to work at different hours in Emergency situations or to temporarily
comply with the Clients request.
Section 4. The Site Supervisor shall post a two (2) week work schedule every other Monday
by 2:30 PM PST. If changes are to be made (i.e. vacation scheduling, emergencies, vacancies,
or unforeseen assignments), the Site Supervisor will make every effort to change as few
Bargaining Unit Employees' schedules as possible. Management will notify all effected
Bargaining Unit Employees of said changes either in writing or verbally with written notes of
times and methods. Notice will not be considered proper notification if simply left on voice mail
or posted notice.
12942.001.1533728v2 Page 19 of 54
HOURS OF WORK
Section 1. Forty (40) hours within the seven (7) day workweek defined below shall
constitute a week's work. The workweek shall be from Sunday 0001 to 2400 hours Saturday,
Section 2. The Parties acknowledge and agree that, because of the nature of the specialized
armed security work undertaken by the Bargaining Unit Employees, the facilities where the
Bargaining Unit Employees will be assigned and the duties assigned to Bargaining Unit
Employees, certain Bargaining Unit Employees may not be able to be relieved of all duty in
order to take a 30-minute off-duty meal break. The Union, on behalf of any or all Bargaining
Unit Employees agrees that in consideration of a Bargaining Unit Employee's waiver of a 30-
minute unpaid meal period during which the Bargaining Unit Employees would be relieved of all
duty, the Company will provide the Bargaining Unit Employees with an on-duty meal period.
Such meal period shall be considered hours worked for which a Bargaining Unit Employees will
be paid. No Bargaining Unit Employees shall be denied an opportunity to eat a meal.
Section 3. Depending on the requirements of the location, a paid on-duty meal period or an
unpaid off-duty meal period, not to exceed thirty minutes (30), shall be provided on each shift of
five (5) hours or more and the Company will make every attempt to provide the on duty meal
period in the middle of the Bargaining Unit Employee's shift. The Company shall designate the
time of said meal period, but not in the first hour or the last hour of the work shift except in
unusual circumstances. Any work shift in excess of thirteen (13) hours will receive a second
paid on-duty, or an unpaid off-duty, meal period of thirty (30) minutes.
Section 4. Each Bargaining Unit Employee will be given a paid fifteen (15) minute break for
every four (4) hours of continuous work. The Company will make every effort to provide the
rest period in the middle of the four (4) hour period.
Section 5. The Company agrees to compensate all Bargaining Unit Employees working
under this Collective Bargaining Agreement for all hours worked as defined by the Department
of Labor, Wage and Hour Division, Service Contract Act, and the contractual requirements with
the Client, and any other applicable law or regulation.
Section 6. A Bargaining Unit Employee called in to work will be guaranteed a minimum of
three (3) hours of work or pay.
Section 7. Unless operational situations require additional hours, or a Bargaining Unit
Employee agrees to work a schedule of greater than six (6) days per work week, Bargaining Unit
Employees shall be given at least one (1) full day of rest each work week.
Section 8. When a schedule change occurs and a Bargaining Unit Employee is not notified
and as a result, two (2) Bargaining Unit Employees report to work for the same assignment
(post), both Bargaining Unit Employees will be guaranteed a full shift's pay or work. The
decision to have the additional Bargaining Unit Employee work or go home will be at the Site
12942.001.1533728v2 Page 20 of 54
Section 9. The Company will ensure that any Bargaining Unit Employee affected by this
section will be able to practically take their break(s) and meal period throughout their shift (i.e.
secure their post and eat a meal on location and/or use the break room during a patrol). While on
break(s) and meal period, Bargaining Unit Employees are required to stay on-call and to respond
to emergency situations as they arise.
Section 10. Once a shift has started and a Bargaining Unit Employee is caused to travel from
their assigned post to cover another post on a temporary basis, the Bargaining Unit Employee
will be compensated for the time spent in transit at their normal rate of pay and be reimbursed for
mileage at the current IRS allowable rate.
Section 11. When a Bargaining Unit Employee must travel in excess of one hundred (100)
miles round-trip from his/her assigned post to temporarily cover a post, the Company shall
provide mileage reimbursement for the distance traveled in excess of 100 miles. If the
Bargaining Unit Employee has no assigned post, mileage will be calculated from the employee's
home address on file with employer. If multiple days are spent at this distant post, the Company
shall provide a hotel or lodging and meal per diem at the current GSA rate for each night spent
out of town. The Company has the right to assign two (2) Bargaining Unit Employees of the
same sex to a hotel room. Visit GSA.gov for current rates.
12942.001.1533728v2 Page 21 of 54
Section 1. Overtime payment shall be as follows:
At the rate of time and one half for hours worked in excess of forty (40) hours in
any given workweek, except where the Company and the Union have reached
written agreement to the contrary. The intent of this exception is to explore the
legal and financial possibility of three (3) twelve (12) hour shifts as a regular
workweek, when feasible.
The overtime wage shall not include H&W payment.
Leave time is always disregarded in computing overtime.
Holiday hours are disregarded in computing overtime.
The Company shall make every effort to distribute overtime fairly and equally by
using the seniority system.
Section 2. If a Bargaining Unit Employee works a holiday, or is called in when not
scheduled, their schedule later in the defined workweek will not be adjusted to prevent overtime
payments without the Bargaining Unit Employee's approval.
Section 3. For the Purposes of all economic and non-economic Articles of this Agreement,
the Union and the Company agree to recognize that there may be a difference between a
Bargaining Unit Employee's anniversary date on the Government Contract (Government
Seniority), and the Bargaining Unit Employee's Bargaining Unit Seniority date (definitions
provided in Article XXXII).
Section 4. Scheduled overtime shall not be mandatory unless all Bargaining Unit Employees
at first decline the overtime by the Seniority system and then overtime shall be issued by reverse
seniority following standard procedures to the extent allowed by California law.
12942.001.1533728v2 Page 22 of 54
SCALE OF WAGES
Section 1. Security Officers covered by this agreement will be paid the applicable rate listed
in the Wage Schedule attached hereto.
Section 2. New hire and incumbent Bargaining Unit Employees, while attending initial post,
annual, refresher or any other type training specific to the work site, required by law or required
by the client, will be paid at the wage rate established in the Wage Schedule attached hereto and
will be considered time worked. If attendance at training classes results in the Bargaining Unit
Employee working in overtime, the applicable pay rates will be paid at time-and-a-half.
Section 3. The Company will make every effort to assure Bargaining Unit Employees
paychecks are accurate. When there is an error, a Bargaining Unit Employee will receive the
correction within three (3) business days of the Company being notified. Any error less than
$150.00 shall be included in their next regular paycheck.
Section 4. Paydays will be semi-monthly. The company always has had and currently has
the right to set its paydays on any date within two weeks of the close of the payroll period,
except as otherwise provided in this article.
Section 5. The Company may offer Bargaining Unit Employees Direct Deposit to the bank
of the Bargaining Unit Employees choice.
Section 6. The Company will try to have "paycheck stubs" which clearly identify the
payment of each benefit and the identity of any funds deducted.
12942.001.1533728v2 Page 23 of 54
Section 1. The following paid holidays will be provided annually including any Presidential
declared Holidays (example Christmas Eve):
New Years Day Labor Day
Martin Luther King's Birthday Columbus Day
Presidents Day Veterans Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Section 2. All holidays shall be observed on the day designated by the Federal Government.
Section 3. Holiday pay will be administrated according to CFR 29, sections 4.174 and 4.176
Bargaining Unit Employees normally scheduled 36 hours or more per defined workweek will
receive the full eight (8) hours holiday pay.
All other Bargaining Unit Employee's holiday pay will be administrated in the following manner:
(a) Bargaining Unit Employees receive holiday pay based upon the number of
hours worked in the previous defined workweek. Holiday hours paid to a
Bargaining Unit Employee are calculated as the number of regular hours worked
(regular productive, training hours, holiday, and authorized paid time off taken)
divided by thirty-six (36) hours. The result is multiplied by eight (8) hours.
(b) The maximum amount of holiday pay earned by any Bargaining Unit
Employee as a result of this calculation shall not exceed eight (8) hours.
Section 4. Bargaining Unit Employees normally scheduled to work on a holiday, who do not
work due to the post not being covered on a holiday, will be compensated for the difference
between holiday pay and actual hours lost up to a maximum of eight (8) hours per holiday as per
the Bargaining Unit Employees normal schedule for that particular day of the week. This benefit
designed to compensate for a normal workweek and the extra benefit can not be used to increase
the Bargaining Unit Employees hours over forty (40) in a week unless the Bargaining Unit
Employee is specifically requested to work extra hours in that holiday week.
12942.001.1533728v2 Page 24 of 54
PERSONAL TIME OFF
Section 1. The following Personal Time Off (PTO) schedule will be observed:
One year 104 Hours Five years 160 Hours Ten years 200 Hours
PTO includes vacation, sick leave, and personal time off with pay.
Section 2. PTO will be administrated according to CFR 29, sections 4.173 and 4.176
Bargaining Unit Employees whose pay records indicate that they regularly worked 36 hours
(including regular productive, training, holiday, and authorized PTO taken) or more per defined
workweek from the prior year's Government Seniority anniversary date to the current year's
Government Seniority anniversary date will receive the full maximum hours of PTO earned for
their years of service.
All other Bargaining Unit Employee's PTO will be administrated in the following manner:
(a) Bargaining Unit Employees earn PTO based upon the number of regular
hours worked (regular productive, training, holiday, and authorized PTO taken)
from the previous year's Government Seniority date to the current year's
Government Seniority date divided by 1,872 hours. The result is multiplied by
the maximum number of PTO hours attainable for their years of service. The
maximum amount of PTO earned by any Bargaining Unit Employee as a result of
this calculation shall not exceed the maximum hours attainable for their years of
service. PTO pay will be earned in whole hour increments only, fractions of
hours will be rounded off.
(b) The maximum amount of PTO earned by any Bargaining Unit Employee
as a result of this calculation shall not exceed the maximum hours attainable for
their years of service. PTO will be recorded and paid in whole hour increments
only, fractions of hours will be rounded off.
(c) Except in emergency call off situations, PTO request will be made in
writing, normally with a two (2) week notice and the Company will approve or
deny the request in writing within seven (7) days of submission. Once approved,
in writing, by the Company, the PTO can not be denied by the Company, except
in Emergency situations. If the Company cancels the approved PTO request and
the Bargaining Unit Employee incurs cancellation fees as a result, the Company
will reimburse the Bargaining Unit Employee for all loses.
(d) argaining Unit Employee may use up to twenty-four (24) hours of PTO for
injury, illness or A Bother personal business without the normal two (2) week
notice. The Bargaining Unit Employee must still provide as much notice as
reasonably possible. In all cases, the Bargaining Unit Employee will be required
12942.001.1533728v2 Page 25 of 54
to call the supervisor on duty four (4) hours prior to the beginning of their shift,
unless circumstances beyond the Bargaining Unit Employees' control prevent him
or her from calling in four (4) prior to their shift. Unforeseen circumstances may
include but are not limited to sudden illness, weather related incidents such as
power failure, floods, storm damage, or accident (auto, personal). This 24 hour
limit shall not apply to an absence of three (3) days or more due to illness, if the
Employee provides a Doctors excuse.
Section 3. When more Bargaining Unit Employees request PTO during the same time period
than the Company has relief for, Bargaining Unit Seniority shall be the deciding factor, except in
bona fide emergency situations. See Section 12.
Section 4. The Bargaining Unit Employee may utilize PTO time to which they are entitled,
with approval from the Contract Manager or Site Supervisor in a minimum increment of four (4)
Section 5. The Company reserves the right, in operational emergency situations, to schedule
and change the PTO time of any Bargaining Unit Employee and to generally administer the PTO
plan to assure efficient and orderly operation of the Company.
Section 6. Bargaining Unit Employees will be required to call the supervisor on duty four (4)
hours prior to the beginning of their shift, unless unforeseen circumstances do not allow for the
Bargaining Unit Employee to call in four (4) hours prior to their shift. Unforeseen circumstances
may include but not limited to sudden illness, weather related incidents such as power failure,
floods, storm damage accident (auto, personal). The Company will not deny the use of PTO pay
when a Bargaining Unit Employee is absent due to illness.
Section 7. All PTO will be available to the Bargaining Unit Employee at the Bargaining Unit
Employee's Government Seniority date and PTO remaining from the previous year will be paid
out as defined in this agreement.
Section 8. Any PTO left unused by the next anniversary date, will be paid out with Health
and Welfare payment for all hours on the paycheck covering the payroll of which the anniversary
date falls. When a Bargaining Unit Employee leaves Employment with the Company, for any
reason, any remaining PTO will be paid out with Health and Welfare payments.
Section 9. A Bargaining Unit Employee, who has PTO time accredited, can request payment
in lieu of taking leave at any time during the year. The Employee may be limited to forty (40)
hours of PTO in lieu of leave during any one payroll period.
Section 10. A Bargaining Unit Employees PTO balance shall be listed on their paycheck stubs
showing the amount available, if possible, the amount used during the appropriate pay period,
and the total amount used for their current anniversary year and PTO used shall be listed
separately from wages.
Section 11. Bargaining Unit Employees shall "bid" on their approved vacation schedule by
January 31 of each year. Immediately after January 31, the Company will determine the amount
of Bargaining Unit Employees they can release for any given week. They will then place the
12942.001.1533728v2 Page 26 of 54
approved Bargaining Unit Employees name on the calendar using the Seniority System as the
determining factor. Any PTO request made after January 31st of each year will be handled on a
case by case basis using first come, first serve basis. Once a Bargaining Unit Employees
vacation is approved, no other Bargaining Unit Employee can use the Seniority System to
"Bump" the approved Bargaining Unit Employees.
12942.001.1533728v2 Page 27 of 54
Section 1. A Bargaining Unit Employee shall notify the Company that they have been
summoned for jury within twenty-four (24) hours after the receipt of a jury duty summons and
shall notify the Company that they have been excused or released from jury duty within twenty-
four (24) hours after being excused or released. A Bargaining Unit Employee will be released
from their work assignment service for each day that they are required to serve jury duty and will
be paid the difference between the fee received for such services and the amount of straight-time
earnings lost by the Employee by reason of such service, provided the Employee submits
evidence of the total amount received as a juror, up to a limit of forty (40) hours total per week.
Section 2. Any security officer who witnesses an occurrence, which is in connection or
related to the contract between the Company and the Client contract, and as a result of the
witness of said occurrence and pursuant to proper subpoena, has to testify in court as part of his
duty as a Security Officer employed by the Company, will be paid for any expenses and the
difference between the fee received for such services and the amount of straight-time earnings
lost by the Bargaining Unit Employee by reason of such service as a Company/Client witness,
provided that the Bargaining Unit Employee submits evidence of the total amount received as a
witness and the total amount of court time spent as a witness, up to a limit of forty (40) hours
total per week.
Section 3. Jury duty pay, in Section 2, will not be paid in addition to any other type of pay
for the same days. The hours paid for, but not worked, will count as hours worked.
12942.001.1533728v2 Page 28 of 54
BEREAVEMENT LEAVE/OTHER LEAVE
Section 1. A Bargaining Unit Employee who is absent from work because of the death and
funeral of their wife, husband, registered domestic partner, mother, father, son, daughter, sister,
brother, grandfather, grandmother, grandson, granddaughter, Aunt, Uncle, Nephew, or Niece will
be granted one (1) paid normal work day bereavement leave at straight-time pay. Also included
are current step- , in-law and registered domestic partners relationships based on the above
Section 2. Notices of intent to be absent on bereavement leave shall be given by the
Bargaining Unit Employee to the Contract/Project Manager or Site Supervisor as soon as the
need is known. The Company will not require a Death Certificate as proof of qualification, but
may request a copy of the obituary or other public documents.
Section 3. No more than one (1) occurrence in a calendar year will be paid under this
provision. Additional days off may be taken as leave without pay or PTO may be used, subject
to the approval of the Company.
Section 4. No absence shall be granted in cases where, because of the distance or for other
cause, the Bargaining Unit Employee does not attend the funeral of the deceased.
Section 5. Bereavement pay will not be in addition to any other type of pay for the same
days, or when the Bargaining Unit Employee is on approved leave of absence for any other
reason. The hours paid for, but not worked, will count as leave with pay.
Section 6. FMLA leave will be administered in accordance with the applicable federal and
state and local laws and will be incorporated into this agreement as well as any amendments,
additions, or modification of these laws during the term of this agreement.
Section 7. Bargaining Unit seniority shall accumulate during the period of any approved
unpaid leave of absence up to a maximum of six (6) months, subject to the provisions of this
Section 8. Bargaining Unit Seniority shall terminate after nine (9) months of continual
unpaid leave of absence and upon return to work, the Bargaining Unit Employees Bargaining
Unit Seniority shall begin on the first day the Bargaining Unit Employee works on a post
covered under this agreement.
12942.001.1533728v2 Page 29 of 54
Section 1. Whenever notice is to be given under the terms of this Agreement to either party
hereto, it shall in all cases, except where some other method is otherwise agreed to, be sent by
"Certified Mail, Return Receipt Requested or any other form of delivery providing proof of
delivery," to the following addresses with respect to the Company and the respective Union(s)
Trinity Protection Services, Inc.
9315 Lago Drive West #230
Largo, MD 20774-4755
Attn: Mr. Greg Hollis
Fax (307) 333-7485
UGSOA International Union UGSOA Local 223
8620 Wolff Court, Suite 210 PO Box 492
Westminster, CO 80031 Elk Grove, CA 95759
Fax 303-650-8510 Fax
Email firstname.lastname@example.org Email email@example.com
12942.001.1533728v2 Page 30 of 54
CONFLICTS WITH THE LAW
Section 1. In the event any federal, state or local law conflicts with any provision of this
Agreement, the provision or provisions so affected shall no longer be operative or binding upon
the parties, but the remaining portion of the Agreement shall continue in full force and effect.
This does not apply to state or local laws superseded by federal laws such as the Service Contract
Act which supersedes other laws.
Section 2. The Company and the Union will negotiate with respect to any provision of this
Agreement deemed no longer operative by law.
12942.001.1533728v2 Page 31 of 54
SAFETY AND HEALTH
Section 1. The Company agrees to maintain conditions of health, safety and sanitation in
conformity with all applicable federal and state laws.
Section 2. The Company shall attempt to offer discount programs to a physical fitness center
to help promote proper physical fitness. The facility should provide all the common machines
for weight training and physical fitness found in "24 Hour Fitness", "Pure Fitness", and "Bally
Section 3. The Company shall offer Hepatitis B vaccines to all Bargaining Unit Employees
at no cost to the Bargaining Unit Employee during the regular biannual physical.
12942.001.1533728v2 Page 32 of 54
MILITARY LEAVES OF ABSENCE
Section 1. Bargaining Unit Employees shall be afforded military leave and re-employment
rights in Compliance with the Uniformed Services Employment and Reemployment Rights Act
of 1994 (USERRA). Military Leave is available during periods of active duty or active duty for
training. Bargaining Unit Employee's requiring military leave shall furnish a copy of their orders
to their supervisor. Bargaining Unit Employees shall turn in all weapons to the Company for
safekeeping while on leave.
12942.001.1533728v2 Page 33 of 54
Section 1. The Union shall designate from the Bargaining Unit Employees such
Representatives as it deems appropriate and the Company shall recognize them as such. There
may be Shift Stewards at sites and alternates for each. Alternate Steward(s) shall only function
in their assigned Shift Steward's absence, as applicable. The Union shall notify the Company
within seventy-two (72) hours of the names of those so elected or appointed. When it is
necessary for any Union Representative to leave work for the purpose of handling a grievance,
he/she shall first notify the Contract Manager or Site Supervisor and shall again advise the
Contract Manager or Site Supervisor after the business has been concluded. The Company
agrees to recognize a maximum of 10 Union Stewards.
Section 2. The Company will permit an authorized Representative of the Union an unpaid
leave of absence to attend meetings and/or conventions of the Union, provided a written request
is received by the Contracts Manager two (2) weeks prior to the beginning of such leave and
providing that this leave doesn't negatively impact Company operations.
Section 3. The Company agrees to cooperate with all Union Officials when they are
performing the requirements of their Office. The Company and the Union must remember, both
are Companies, and as such, both need to treat each other in a professional and appropriate
Section 4. Steward System
The Union agrees that the stewards will work at their regular jobs at all times
except when they are relieved to attend to all the business of the Grievance
Procedure as outlined in this Agreement.
If the Bargaining Unit Employee requests, the Company will call for a steward
prior to any disciplinary action taken, whether it be written or verbal. The
supervisor, at the request of the Bargaining Unit Employee, will release the
steward as soon as possible.
Section 5. The Company recognizes the right of the Union to designate local Union Officials
outside of the defined unit.
Section 6. The Company will recognize Union Representatives special status as defined by
the National Labor Relation Act and all the Agency's decisions and interpretations and any other
protections provided by Federal Law. The Union recognizes these protections do not relieve the
Union from good sound business practices and the common respect normally given in business
Section 7. The Company recognizes that when the Union Representatives are functioning in
their Union capacity, normal Company policies do not apply as at that point they are not acting
as Bargaining Unit Employees of the Company.
12942.001.1533728v2 Page 34 of 54
Section 8. The Stewards shall not be paid when he or she is performing his or her Steward
duties under the contract.
Section 9. The Stewards cannot solicit membership, receive applications, meet to transact
Union business or to investigate grievances during the steward's work shift except during breaks
or other off duty times. With notice to the Company, steward can schedule meetings with
Bargaining Unit Employees at their job sites during off-duty lunch or rest periods. No Union
activity may take place on Federal owned or leased space, except those activities allowed Federal
Unions with the consent of the Property Manager.
12942.001.1533728v2 Page 35 of 54
Section 1. The Company agrees to deduct dues as designated by the Union on a once a
month basis from the second (2nd) paycheck of each month. These deductions will be made
only upon written authorization from the Bargaining Unit Employee on a form provided by the
Union. The Bargaining Unit Employee, upon thirty (30) days' written notice served upon the
Company and the Union, may revoke such authorization. It is understood that such deductions
will be made only so long as the Company may legally do so. Union dues are currently two (2)
hours of the Bargaining Unit Employees straight time wages and the Union will notify the
Company of any changes. The Union agrees to pay to the Company an administration fee equal
to $2.25 per month for each Officer for whom the Company deducts union dues and other
charges. At the time that dues are remitted by the Company to the Union, the Company will
submit a list of the names with hire date of the Bargaining Unit Employees hired under this
Agreement during the same month for which the Company is remitting dues to the Union and an
invoice for the administration fee.
Section 2. The Company will remit all such deductions less the amount of the monthly
administration fee to the International Union Financial Officer or Treasurer within five (5)
business days from the date that the deduction was made, via regular check, on a monthly basis.
The Union agrees to hold the Company harmless from any action or actions growing out of these
deductions commenced by a Bargaining Unit Employee against the Company, and assume full
responsibility of the dispositions of the funds so deducted, once they are paid over to the Union.
Errors made by the Company in the deduction or remittance of monies shall not be considered by
the Union as a violation of this provision, providing such errors are unintentional and are
corrected when brought to the Company's attention. The Company will not be responsible to
collect or deduct dues in arrears.
12942.001.1533728v2 Page 36 of 54
Section 1. The Company shall make a bulletin board available for use by the Union for the
posting of notices at each work location or building.
Section 2. It is understood that where space cannot be made available, then a
Company/Union Bulletin Book may be provided for the same purpose. Only a designated Union
official may remove notices posted by the Union. Only the Company designated Representative
may remove Company notices.
12942.001.1533728v2 Page 37 of 54
Section 1. The Company shall issue all items of uniform and equipment which are
prescribed by the Federal Government and in accordance with the contractual agreement
between the Federal Government and the Company at no cost to the Bargaining Unit Employee;
making available such list to the Union or its Representative(s).Uniforms and equipment are the
property of the Company. Bargaining Unit Employees are required to turn in all uniforms and
equipment upon termination from the Company.
Section 2. The Company will furnish all full time Bargaining Unit Employees with five (5)
uniform pants and Uniform shirts without cost to the Bargaining Unit Employee and three (3)
sets for Bargaining Unit Employees who normally work less than thirty six (36) hours per week.
Uniforms include all required garments, outerwear, and supplemental equipment required to
perform the duties required (duty belt, weapon holding devices, handcuff case, badges, raincoats,
caps, appropriate cold weather coats, disposable gloves, and other protective devices as required
by the Client or Law). The Company will provide at no cost to the Bargaining Unit Employees,
replacement uniforms and equipment as needed when they are worn out and cannot be repaired.
Section 3. The Company will provide, at no cost to the Bargaining Unit Employee,
handcuffs, extendable baton, *stinger flash light with holder, and *holder for *medical gloves so
they are readily available in a medical emergency (*includes authorization to wear on the duty
Section 4. The Company will make every effort to provide semi-automatic weapons a part of
the Officers equipment, where authorized by the Client.
Section 5. If a Bargaining Unit Employee's personal property is damaged or destroyed in the
line of duty or during an engagement with a suspect, it will be repaired or replaced with an
identical item or one of comparable quality. Items within this provision include but are not
limited to eyeglasses, watches or other items that are allowed to be worn or carried in accordance
to the Company dress code not to exceed $200.00 per item.
12942.001.1533728v2 Page 38 of 54
HEALTH AND WELFARE BENEFITS
Section 1. The Company will pay to each Bargaining Unit Employee $3.80 per regular hour
paid, including regular productive pay, authorized PTO pay, holiday pay, and training pay as
health and welfare pay for the purpose of purchasing medical related insurance, up to a
maximum of 40 hours per defined workweek and 2,080 hours per year October 1, 2010 through
September 30, 2011.
Section 2. Health and welfare requirements will be administrated according to 29 CFR
Section 3. The Company shall have the right to offer retirement and health benefit programs
or Insurance through payroll deduction as long participation is totally voluntary.
Section 4. The company agrees to use the health and welfare benefit solely to pay medical
premiums or 401(k) contributions based on the prior election of the Covered Employee. All
employees must either chose the company's medical or 401(k) plan.
Section 5. All monies left over from the Bargaining Unit Employee's medical premium will
automatically be applied to the Bargaining Unit Employees elected fund(s) in the company's
Section 6. All Bargaining Unit Employees including those who choose to participate
primarily in the medical plan established by the Company wishing to switch or discontinue
participation in, or contribution to, a particular fringe benefit plan shall be permitted to do so
only during "open enrollment periods" as permitted under the relevant plan documents.
12942.001.1533728v2 Page 39 of 54
FILLING A VACANCY
Section 1. Unless specifically described herein, when a vacancy occurs in any classification,
it will be distributed to all sites within the Local Bargaining Unit and posted for a period of Five
(5) days setting out the position and responsibilities. During the five (5) day posting
requirement, the Company may temporarily assign any qualified Bargaining Unit Employee to
cover the vacant post. All eligible Bargaining Unit Employees will be allowed to bid on said
job. Satellite sites may receive their notification of vacancy by fax. Bidding/filling of vacancies
will be specific to the Local Union covered in this Agreement. Vacancies will be offered first by
region, and then Company wide.
Section 2. Eligible Bargaining Unit Employees must complete a written request for the
posted position and file it by the end of the posting period.
Section 3. When a vacancy occurs, the vacancy will be offered to the most senior Bargaining
Unit Employee who meets the requirements for the job vacancy. If a Bargaining Unit Employee
is deemed unsuitable for a particular assignment by the client, the Company will provide, in
writing, all documentation and reasoning from the Government, for determining this
unsuitability, to the Union.
Section 4. In the interest of maintaining continuous operations, the Employer may
temporarily assign a Bargaining Unit Employee to a vacant or new position until the job is filled
in accordance with this Article, or assign a Bargaining Unit Employee to a position that is part of
a temporary security assignment directed by the Client, including temporarily assigning a
Bargaining Unit Employee to a work site within or outside of the area defined by this
Agreement. To the extent feasible, the assignment shall be a voluntary selection based on
seniority. In the absence of volunteers, assignments shall be made on a reverse seniority basis.
Bargaining Unit Employees so assigned will receive the higher of the base hourly wage available
to Bargaining Unit Employees regularly assigned to the site to which they are being transferred,
or their regular hourly wage they receive at their regular site under this Agreement.
Section 5. Due to the changing work environment, all Bargaining Unit Employees are
subject to assignment anywhere within the bargaining unit on an as-needed basis. Selection will
be made from available Bargaining Unit Employees not otherwise already working or committed
to work, based on the seniority system. Failure to comply with the assignment may lead to
Section 6. If multiple vacancies occur or a position opens which will create multiple
openings, the Company and the Union may agree to a complete shift bid to expedite the process.
Section 7. When filling a vacancy or placing an employee whose post has been eliminated or
who has been removed from his/her post at the request of the government in writing, the
Company will place the employee in a comparable position, based upon classification, to the
extent practicable. Such placement and filling of vacancy will be done on the basis of seniority
unless other pertinent and demonstrable factors – required clearances, training, skill and ability,
12942.001.1533728v2 Page 40 of 54
disciplinary record and/or language proficiency/deficiency establish an eligible Bargaining Unit
Employee with less seniority as the best candidate.
12942.001.1533728v2 Page 41 of 54
Section 1. Government Seniority shall be defined by 29 CFR 4.173 as:
(a) The total length of time spent by a Bargaining Unit Employee in any
capacity in the continuous service of the present (successor) contractor, including
both the time spent in performing on regular commercial work and the time spent
in performing on the Government contract itself, and
(b) Where applicable, the total length of time spent in any capacity as a
Bargaining Unit Employee in the continuous service of any predecessor
contractor(s) who carried out similar contract functions.
Government Seniority shall be used in determining the applicable fringe benefits earned by
Bargaining Unit Employees under provisions of the Service Contract Act and this agreement.
A Bargaining Unit Employee transferred between sites on the Federal Government Contract and
successor contracts, will maintain their Government Seniority.
Government Seniority lists shall be furnished by the Company, within five (5) days, to the proper
Union officials or the President's designated Representative after they make the request for these
lists to the Company in writing. A Bargaining Unit Employee's standing on the Government
Seniority List will be final unless protested in writing to the Site Supervisor or Contract Manager
in districts without a "Site Supervisor" no later than thirty (30) calendar days after the original
list has been posted. The Company may require the Bargaining Unit Employee to initial and
date, for verification, next to their Government Seniority date.
The Government Seniority of a Bargaining Unit Employee shall be terminated for the reasons
outlined in 29 CFR 4.173:
(a) "Where an Employee quits, is fired for cause, or is otherwise terminated
(except for temporary layoffs), there would be a break in service even if the
Employee were rehired at a later date."
(b) Seniority may be restored by a "make whole" order issued by a competent
jurisdiction or agreement between the Company and the Union.
Section 2. Bargaining Unit Seniority shall commence on as a Bargaining Unit Employee's
first day working as a Security Officer, on a post in one of the regions designated by the
Employer – either (i) North which is comprised of all posts in Chico north to the Oregon border;
(ii) Bay Area which is comprised of Napa, Solano and Sonoma Counties only; and
(iii) Sacramento which is comprised of all other posts covered by this Agreement – in the
jurisdiction of the Local unit under the following classifications, unless modified due to transfer
out of the unit or termination of bargaining unit seniority as defined below.
12942.001.1533728v2 Page 42 of 54
Section 3. Bargaining Unit Seniority shall be used for the purposes of vacation schedules,
vacancies and extra work.
Section 4. Any Bargaining Unit Employee permanently transferred out of the designated
Local Bargaining Unit for any reason shall lose their Bargaining Unit Seniority as it applies to
the order of layoff and recall, filling of vacancies, vacation schedules, and extra work. It is not
the intent of the Employer to transfer any Bargaining Unit Employee out of the bargaining unit
without the Bargaining Unit Employee's consent.
Section 5. Any Bargaining Unit Employee who is promoted to a non-bargaining unit
position for more than sixty (60) days shall lose their Bargaining Unit Seniority. If they return to
the bargaining unit at a later date, their Bargaining Union Seniority will start on that return date.
Section 6. The Union shall maintain all records of Bargaining Unit Seniority lists and
present them to the Company when requested by the Company in writing and make the current
list available for any Bargaining Unit Member.
Section 7. The Bargaining Unit Seniority of a Bargaining Unit Employee shall be terminated
for any of the following reasons:
The Employee relationship is terminated;
A settlement with a Bargaining Unit Employee has been made for total disability,
or for any other reason if the settlement waivers further employment rights with
the Employer; and/or
Bargaining Unit Employee is permanently transferred out of the bargaining unit.
Section 8. To facilitate the varied status of Bargaining Unit Employees covered under this
Local, there will be three (3) separate classifications of Bargaining Unit Employee status with
three (3) separate seniority list as defined below.
Full Time Bargaining Unit Employees are Bargaining Unit Employees that normally work thirty-
five (35) or more hours per week and has a regular scheduled shift (bid shift). The Company
will offer all Full Time Bargaining Unit Employees the opportunity to work a minimum of
thirty-five (35) hours a week. Any reduction in the workforce that reduces the number of
available hours will be handled through the procedure outlined in Article 8 Reduction in forces.
Relief personnel are Bargaining Unit Employees that currently do not have a regular scheduled
shift but are used to fill open shifts and regularly work thirty (30) or more hours per week when
hours are available. These Bargaining Unit Employees are waiting on a permanent regularly
scheduled shift to become available and are providing vacation and other relief.
Occasional/Part Time personnel are Bargaining Unit Employees that are unable to normally
work thirty (30) hours a week and are used for fill in when they are available. These Bargaining
Unit Employees normally have other commitments, and are trying to supplement their income
and are unable to fill a regularly scheduled full time shift.
12942.001.1533728v2 Page 43 of 54
Section 9. A Full Time Bargaining Unit Employee or Relief Bargaining Unit Employee
moving downwards in classification will maintain their current Bargaining Unit seniority date.
Occasional/Part time Bargaining Unit Employees or Relief Bargaining Unit Employees moving
upwards in classification will be assigned a new Bargaining Unit Seniority date beginning the
first day they work under the new classification.
12942.001.1533728v2 Page 44 of 54
The Company will make every effort to provide free parking spots, at no cost to the Company,
within reasonable distance from the worksite.
12942.001.1533728v2 Page 45 of 54
Physical/medical exams may be required by operation of the government contract or should the
Employer have concerns regarding a Bargaining Unit Employee's fitness for duty. The
Employer may designate the physician or clinic, at its discretion. The Employer shall pay
Bargaining Unit Employees at their regular pay up to a maximum of two hours for the time spent
taking an employer or Client requested medical examination and cover all cost of the exams. No
payment shall be made for travel time. A Bargaining Unit Employee shall be paid for mileage
only when s/he must travel more than fifty miles for the exam at the rate of 35¢/mile.
A. The Company may, at any time with just cause, order a Bargaining Unit
Employee to undergo medical examinations, at the Company' expense. The Company will make
available the examination results to the Bargaining Unit Employee if it is determined by
competent medical evaluation that the Bargaining Unit Employee in question is not physically fit
B. The Bargaining Unit Employee may employ a licensed physician of his own
choosing and at his own expense for the purpose of conducting a physical examination for the
same purpose as the physical examinations made by the licensed physician employed by the
Company. A second doctor's opinion must be made within the scope of the requirements of the
government contract for physical fitness. These requirements must be supplied to the Bargaining
Unit Employee requesting the second opinion.
C. A copy of the findings of the physician chosen by the Bargaining Unit Employee
shall be furnished to the Company and in the event that such findings verify the findings of the
physician employed by the Company, no further medical review of the case shall be afforded.
D. In the event that the findings of the physician employed by the Bargaining Unit
Employee do not agree with the finding of the physician employed by the Company, the two
physicians shall select a third physician to examine the Bargaining Unit Employee at the
Company's expense. The findings of the third Physician shall be controlling.
12942.001.1533728v2 Page 46 of 54
Bargaining Unit Employees shall notify the Employer and the Union, in writing of their proper
mailing address and telephone number or of any change of name, address, or telephone number.
The Company shall be entitled to rely upon the last known address in the Employer's official
records. Remember, you may be required, by state law, to inform your State licensing Agency of
your change of address within thirty (30) days. Most states will revoke your weapons license for
failure to report your correct address.
12942.001.1533728v2 Page 47 of 54
"ARMED OFFICER" CERTIFICATION
Section 1. Whenever State or Local law requires the Employer to file any type paperwork
for the recertification of their "Armed Officer" certification, the Bargaining Unit Employee shall
notify their immediate supervisor, in writing, two (2) months in advance of the expiration of their
"armed" Certification. The Company will return all necessary documents and an application to
the Bargaining Unit Employee for completion of their renewal not more than seventy-two (72)
hours of receipt of the Bargaining Unit Employee notification.
Section 2. The Company will be responsible for any fees required by the Government to
issue a Certification or Permit to carry a weapon and/or any recertification or renewal training
cost that is required in order to work for the Company on this contract.
12942.001.1533728v2 Page 48 of 54
If a work facility is closed due to weather, utility outage, acts of God or War, and the Bargaining
Unit Employee is sent home as a result, the affected Bargaining Unit Employee(s) will receive
full compensation for the time lost for that day. If the Bargaining Unit Employee is notified of
the closure prior to leaving home, they will be allowed to use PTO for the hours lost.
12942.001.1533728v2 Page 49 of 54
A. A Bargaining Unit Employee who is a member of the Union at the time this
Agreement becomes effective shall continue membership in the Union for the duration of this
Agreement, to the extent of tendering the membership dues uniformly required as a condition of
retaining membership in the Union.
B. A Bargaining Unit Employee who is not a member of this Union at the time that
this Agreement becomes effective shall, within ten (10) days after the 30th day following the
effective date of this Agreement either:
1) become a member of the Union and remain a member; or
2) become a "fee payer" as defined by current law and Union Policy.
C. In the event the Union requests the discharge of a Bargaining Unit Employee for
failure to comply with the provisions of this Article, the Union shall provide the appropriate
documentation to the Company requesting that a Bargaining Unit Employee be discharged. The
effective date will be no sooner than six (6) weeks after the date of notice (Note: This six (6)
week requirement may be extended when prospective replacement Bargaining Unit Employees
does not meet the minimum licensing and suitability requirements during the hiring process).
The notice shall also contain reason for the discharge. The Company will inform the Bargaining
Unit Employee of his/her impending discharge effective date. In the event the Union
subsequently determines that the Bargaining Unit Employee has remedied the default prior to the
discharge date, the Union will notify the Company and the Company will not be requested to
discharge that Bargaining Unit Employee.
D. Bargaining Unit Employees hired after this Agreement becomes effective and on
the effective date of the completion of their probationary period shall:
1) become a member of the Union and remain a member; or
2) become a "fee payer" as defined by current law and Union Policy.
E. the Union acknowledges its duty to represent all Bargaining Unit Members
regardless of Membership status.
12942.001.1533728v2 Page 50 of 54
Section 1. Small superficial seemingly unimportant injuries could result in serious
complications. Every injury must be reported to the Supervisor on duty. Reporting promptly
helps prevent problems and delays in receiving benefits, including medical care you may need.
If your employer does not learn about your injury within 30 days and this prevents your
employer from fully investigating the injury and how you were injured, you could lose your right
to receive workers' Compensation benefits.
Section 2. The Company agrees to post information about your workers' compensation
rights, including the right to pre-designate your personal physician in case of job injury. If your
employer or the insurer created a medical provider network, the employer or insurer is required
to give all Bargaining Unit Employees written information about rights, procedures, and services
while being treated within the network.
Section 3. The Company shall provide Workman's Compensation Coverage for all
Bargaining Unit Employees and the Company agrees that it is illegal to punish or fire you for
having a job injury, or for filing a workers' compensation claim when you believe your injury
was caused by your job. It's also illegal for your employer to punish or fire co-workers who
testify in your case. The Company agrees that the California Labor Code (Section 132a)
prohibits this kind of discrimination.
Section 4. Bargaining Unit Employees, who are injured on duty and leave work to receive
treatment for those injuries, will be paid for the remainder of their shift.
Section 5. Bargaining Unit Employees who are off work due to a work injury will continue
to accumulate Bargaining Unit Seniority unless the Employment relationship severs as
determined by this document.
Section 6. The Company agrees that the Employer is responsible to fill out and file the
appropriate notifications to the Federal OSHA and the Company agrees that the Bargaining Unit
Employee shall not fill out the reporting requirements.
12942.001.1533728v2 Page 51 of 54
Section 1. Bargaining Unit Employees, upon request, may review their personnel files in
their entirety and dispute the validity of the contents and Bargaining Unit Employee may make
copies of any Document contained in their file at no charge to the Bargaining Unit Employee.
Section 2. If a Bargaining Unit Employee wishes to dispute an item in their personnel file,
they shall inform the Contract/Project Manager, in writing, of the item(s) being disputed and the
reason for the dispute and the Contract/ Project Manager will provide an answer, in writing,
within ten (10) calendar days. If the Bargaining Unit Employee is not satisfied with the answer
from the Contract/Project Manager they should resort to the grievance procedure.
12942.001.1533728v2 Page 52 of 54
Section 1. The Company will pay the direct cost of each Bargaining Unit Bargaining Unit
Employee's California State Guard Card, State Weapons Card, CPR Card, First Aid Card and
any other certification or training required by the Government Contract. Under no circumstances
shall a Bargaining Unit Employee be required to pay any of the above licenses or permit fees
without being reimbursed by the Company, except that the Company is not required to reimburse
a Bargaining Unit Employee for the cost of cards obtained prior to employment with the
Company. Bargaining Unit Employees will be paid at the currently applicable hourly rate of pay
only for the minimum amount of time required for recertification. New hires will be paid $12.00
per hour for time spent on new hire training.
Section 2. Bargaining Unit Employees will use the weapon they have been issued by the
Company to practice.
Section 3. Company will make two-hundred (200) rounds of quality ammunition available to
the Bargaining Unit Employees for the purpose of range practice and appropriate targets.
Section 4. The Company will provide access to a centrally located gun range, once every
three (3) months, during a specific two-week period for the officers to practice.
Section 5. Officers will be paid at their then current applicable rate for the time actually
spent at the shooting range. However, if the guard fails to pass the "shoot" the rate to be paid to
that guard is $10 per hour for the failed shoot and subsequent training sessions and shoots.
Officers shall be reimbursed at the current IRS rate per mile for each mile in excess of seventy-
five (75) miles round trip for travel to the first shoot only. For any subsequent shoots, mileage
shall be reimbursed at the IRS rate for miles in excess of one hundred (100) miles in a roundtrip.
If attendance at a training session requires an overnight stay, the Company shall provide a hotel
or lodging and meal per diem at the current GSA rate for each night spent out of town. The
Company has a right to assign two (2) Bargaining Unit Employees of the same sex to a hotel
room. Visit www.gsa.gov for current rates.
Section 6. An officer shall have up to three total range qualification sessions to achieve
weapons qualification within two (2) months The officer shall be paid $12.00 per hour for each
of the eight (8) hour training sessions attended, if any, before the second and third range
requalification sessions. If an officer fails the third range qualification session he/she shall be
terminated without recourse to the grievance arbitration procedure of the contract. The officer's
status during the period of time of training for and participating in the range qualification
sessions shall be an unpaid leave of absence.
12942.001.1533728v2 Page 53 of 54
IN WITNESS THEREOF, the parties have caused their Representatives to sign this Agreement
on __________, 2010, as full acknowledgment of their intention to be bound by the Agreement.
Tammie Bowie, Vice President Greg Hollis, President
UGSOA International Union Trinity Protection Services, Inc.
Joseph M. Gonzalez, President
UGSOA Local 223
Danny Lee Davis, Vice-President
UGSOA Local 223
12942.001.1533728v2 Page 54 of 54
COMPONENTS OF PROGRESSIVE DISCIPLINE
The Company and the Union agrees that the meaning of "just cause" is very complicated and the
following is a general guideline to be used as a training aid and this guideline is not intended to
be used as a definitive part of the contract or a required basis for arbitration resolution.
1. Adequate Warning. Did the Employee know, or should the Employee have known, that
the behavior could result in disciplinary action? Was the Employee properly trained in
the requirements of their job? Are the work rules posted where the Employee has
reasonable access to them? Work rules must be communicated to Bargaining Unit
Employees, and indicate that failure to comply may result in disciplinary action.
2. Reasonable Rules. Was the rule or order reasonable, safe, and related to the Company's
3. Violation of Rule. Prior to administering the disciplinary action, did the Company, make
an effort to discover whether the Employee did, in fact, violate the rule or order? An
Employee has the right to know the offense with which he/she is being charged and to
defend that behavior. Therefore, the supervisor should advise the Employee as
specifically as possible of the offense charged and verify that the Employee did what they
are about to be disciplined for.
4. Fair Investigation. Did the supervisor conduct a thorough investigation of the facts and
circumstances, including the Employee's explanation, prior to administering disciplinary
action? This requires the supervisor to actively seek information in a fair, objective, and
nondiscriminatory manner, not just passively wait for people to come forward and
volunteer information. In addition, the investigation should be documented in writing.
This is one of the most critical elements at each step of the discipline process. It makes sense to
provide the Employee an opportunity to hear the charges, understand the evidence, and offer an
explanation before the disciplinary action occurs. In other words, the Employee should be given
an opportunity to present "the other side of the story." It is essential to extend this opportunity at
all levels of discipline.
A. Representation/Witness: When the supervisor schedules a meeting to discuss the
problem, tell the Employee it is part of your investigation and may lead to
disciplinary action. Tell the Employee arrangements will be made to have a
Representative/witness present, unless the Employee does not want anyone else
present. For Unionized Bargaining Unit Employees, there are individuals
designated by the Union to act as Representatives. If the Employee refuses
representation, make sure to make a note the Employee refused representation and
attempt to have Employee sign a written statement that they choose to refuse
representation. If the Employee raises no objection to having a Representative
present, contact the Union and arrange for the Representative to be present.
12942.001.1533728v2 Page 1 of 3
i. Role of the Union Representative The Union Representative's role is to
assist the Employee in understanding the basis for the disciplinary action
and to assist in presenting the Employee's response.
ii. Role of the Witness The role of the witness is much different from that of
the Union Representative. The witness is present to verify what was said
and may take notes for the Employee. The witness does not serve an
B. Investigatory Meeting. Whether it involves a general job performance problem or
a specific policy violation, the structure of the investigatory meeting is the same.
Inform the Employee of the problem and the evidence that currently exists and
ask the Employee for an explanation or response. At the conclusion of the
meeting, inform the Employee that disciplinary action may result if the complete
investigation shows it is warranted. It is recommended that a final decision not be
announced in the meeting. As facts are gathered, witnesses are questioned and
evidence reviewed, you need to document the investigation, including dates,
times, names of the persons questioned and the information they provided. Take
time to reflect on all available information and to discuss the matter with upper
management and Employee Relations. This will assist the supervisor in making a
sound disciplinary decision (all of this must be done in a timely manner).
5. Substantial Proof. Is there substantial proof for the case? Substantial evidence or proof of
guilt must exist to clearly establish that the Employee did, in fact, violate the work
standard or rule. The best evidence is that which is documented or witnessed and is not
rumor, unsupported accusations, or superficial allegations. Hearsay evidence will often
be admitted in arbitration proceedings, but generally will be accorded little weight and is
usually not accepted as truth. Hearsay consists of information given by a person who
states not what he/she knows of their own knowledge, but what he/she has heard from
others. It is unlikely that a decision will be supported by hearsay evidence alone.
6. Equitable Treatment. Have the rules, orders, and penalties been consistently enforced?
Bargaining Unit Employees in similar situations should be treated in a similar manner.
Each disciplinary problem is unique and requires that the disciplinary process be flexible
in order to select the most appropriate course of action. However, it is important not to
overlook the principle of equity or fairness. This principle requires that Bargaining Unit
Employees in similar circumstances should be treated in a similar manner. Equity does
not mean the supervisor should always impose the identical disciplinary action for the
same offense. In other words, disciplinary action does not have to be identical to be
"fair". At times it is necessary to treat Bargaining Unit Employees differently to be fair.
This may be based upon differences in the length of employment, discipline history, level
of responsibility, or other circumstances. All of these factors affect the level of
Another component of equitable treatment is the principle of Past Practice. By definition, "past
practice" is a reasonably uniform response to a recurring situation over a substantial period of
time which has been recognized, implicitly or explicitly, and in situations where the contract
12942.001.1533728v2 Page 2 of 3
language is ambiguous. It is significant to note that a past practice may be established on a
Company-wide basis, confined to an Agency or Contract, or limited to an operation or small
group of Bargaining Unit Employees. A review of the following components will determine if a
past practice exists.
7. Appropriate Discipline. Was the disciplinary action related to the seriousness of the
offense, to the Employee's record, and to the Employee's level of responsibility within the
Company? Generally, minor offenses and first occurrences should result in less severe
disciplinary action. Major offenses and repeated occurrences should result in more
severe disciplinary action.
Together, these seven (7) elements constitute the principles of just cause. They also incorporate
the other basic principles of a sound disciplinary system, namely, progressive discipline,
equitable treatment, and past practice. A determination that all seven (7) components are present
will lead to the conclusion that just cause for disciplinary action does exist.
12942.001.1533728v2 Page 3 of 3
(North & Sacramento Regions)
Beginning October 1, 2010, the Company agrees to pay not less than the following minimum
Job Position Rate
Security Officers while in training $12.00
Bargaining Unit Employees hired on and after June 6, 2007
for the first nine (9) months of employment $20.85
Security Officer with less than five (5) years government seniority $25.10
Security Officer with five (5) or more years government seniority $26.10
Lead Officers shall receive an additional $0.75 an hour.
12942.001.1533728v2 Page 1 of 2
(Napa, Solano and Sonoma Counties)
Beginning October 1, 2010, the Company agrees to pay not less than the following minimum
Job Position Rate
Security Officers $21.85
12942.001.1533728v2 Page 1 of 1