Article 40: Part-Time or Casual Employees

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SECTION 1. The parties recognize the potential need for part-time or casual employees. The parties understand that this flexibility is not intended to avoid the use of full-time employees in a situation where a full-time employee is operationally justified. The “spirit and intent” of having part-time or casual employees is to have a readily available pool of qualified personnel.

SECTION 2. Part-time or casual employees will only be assigned to fill vacancies due to new or short-term mission requirements but there shall be no displacement of full-time employees.

SECTION 3. Except as required by law, part-time or casual employees shall not receive step progressions, vacation accruals, OPL, seniority or any additional benefits. In the event of a reduction in force, full-time employees affected by the reduction in force shall have the priority to fill vacancies.

SECTION 4. Part-time or casual employees will not be used to fill full-time positions on a continuous basis. Part-time or casual employees may request consideration for full-time employment vacancies.

SECTION 5. Part-time or casual employees who become full-time employees shall not be required to serve a new probationary period provided they have successfully completed their original probationary period during their part-time or casual employment.

• a) Step progressions, vacation accruals, OPL, seniority, and all additional benefits will become effective on the full time hire date or eligibility date.

SECTION 6. All full-time employees will be offered overtime duty positions prior to any part-time or casual employee being offered to the open temporary duty position. Nothing in this Article shall preclude full-time employees from working overtime.

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SECTION 1. Termination of Employment: No employee, after having completed his/her probationary period, shall be disciplined or discharged without just cause. An employee who has completed the designated probationary period must be given a written warning and a reasonable opportunity to correct the deficiency prior to discharge. All warning notices are void after one (1) year. No written warning is required when an employee is discharged for dishonesty, willful misconduct, drunkenness or drinking on the job, being under the influence of a controlled substance on duty, unlawful possession of a controlled substance, refusing to submit to testing for drug or alcohol usage in accordance with the provisions of Article 19 of this Agreement, serious improper behavior or discourtesy toward a customer or guest, insubordination, failure to report to work without just cause, or walking off the job during a shift.

SECTION 2. When an employee is disciplined or discharged, any prior disciplinary action of that employee within the prior one (1) year shall be considered in determining the just cause of the discipline or discharge. The prior discipline does not have to be for the same offense for which the Employee is being discharged or disciplined. 

SECTION 3. The Contractor will notify the Union of all disciplinary action. The Union will be provided a copy of all Discipline or Termination Letters that are issued to members of the bargaining unit.

SECTION 4. "Disciplinary Letters" shall become null and void one (1) year after issue and may not thereafter be used as a basis for or in support of any subsequent disciplinary action against the Employee unless the record demonstrates a recurring history of the same or similar violation over a period of time.

SECTION 5 Employees have the right to Union representation at all meetings with management that could result in disciplinary actions or other adverse consequences, up to and including termination. In cases of written reprimand, suspension without pay, or discharge, the Contractor agrees to notify the appropriate Union representative prior to taking such action when reasonably possible. 

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SECTION 1. Use of Deadly Force. The Contractor shall provide for the legal defense and related expenses, of any employee named as a defendant in any civil action arising out of the reasonable performance of their duties within the scope of employment, including off range if directed, in accordance with the following publications and instructions upon which each employee is provided annual training:

- AFI 31-117 “Arming and Use of Force by Air Force Personnel”

- AFM 31-222 “Air Force Use of Force Manual”

- AFM 31-229 “USAF Weapons Handling Manual”

- AFM 36-2227 “Combat Arms Training Program Individual Use Weapons Publication”

- APM 10-100 “The Airman’s Manual”

- Location specific Operating Instructions

The obligation to provide defense support ceases upon a finding of guilt in a criminal court, where it is clear the employee was not acting in accordance with the above standards. 

SECTION 2. Employees shall immediately notify the Contractor of any threatened or pending claims of legal actions falling within the scope of this Article. 

SECTION 3. When an employee takes or attempts to take a human life in the performance of duties, the Contractor will encourage the employee’s utilization of the EAP Program.

SECTION 4. Any employee that shall be burdened with loss of time from employment as a consequence of any Section within this Article shall remain as an active employee and paid at the applicable rate of pay for no less than a forty (40) hour work week (including benefits) for the duration of the Employer’s initial investigation. 

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1) Employees initially shall be hired as a “Probationary Officer”. After successfully completing one hundred-eighty (180) days of service, they shall automatically advance to Security Officer I.

2) Upon competition of one (1) year of continuous service as a Security Officer I, the employee shall be automatically advanced to the Security Officer II classification on that date.

3) Upon completion of two (2) year of continuous service as a Security Officer II, the Employee shall be automatically advanced to Security Officer III classification on that date.

4) Upon completion of two (2) year of continuous service as a Security Officer III, the Employee shall be automatically advanced to the Security Officer IV classification on that date. 

5) The above system applies to all current employees working within the bargaining unit as well as all future hires. 

All wages shall be paid on a designated bi-weekly payday (Fridays). When employees are laid off or discharged, they must be paid wages due to them at the time of layoff or discharge in accordance with the provisions of applicable Nevada Statutes. 

All pay discrepancies which result in a correction payment over one hundred ($100) dollars to the employee shall be provided by a separate check payment/direct deposit not included with the employees’ normal payment of payroll wages. Applicable deductions shall apply. 

It is hereby agreed between the Union and the Contractor that the benefits enumerated below are similar to those enjoyed by other employees of the Range Support Services II Program and are subject to adjustment upward or downward for all employees of the Range Support Service II Program, including those covered by this Collective Bargaining Agreement, at the discretion of the Contractor. The rationale for any adjustments will be made clear prior to implementation. Such adjustments shall not be subject to Article 19, Grievance and Arbitration. 

As these Group Insurance Plans are provided by outside vendors and/or are Companywide plans, the Contractor may find it necessary or desirable to amend, revise, replace, or terminate some or all of the plans during the life of this Agreement. Should this occur, the Contractor will immediately advise the Union of such changes and, at the written request of the Union, will meet as soon as possible to negotiate modifications. 

Part-time and casual employees will not be entitled to Contractor Benefits.

1) Contractor Paid Premiums

• Basic Life Insurance - equal to one (1) times an employee’s base annual salary, but in no event less than eighty thousand dollars ($80,000.00) or more than one hundred fifty thousand dollars ($150,000.00).
• Accidental Death & Dismemberment Insurance - equal to one (1) times the employee’s base annual earnings, but in no event less than eighty thousand dollars ($80,000.00) or more than one hundred fifty thousand ($150,000.00).
• Business Travel Accident Insurance – equal to three (3) times the employee’s base annual earnings, subject to a maximum of one million dollars ($1,000,000.00).
• Employee Assistance Program (EAP)
• Contractor Sponsored 401(k) Program – All employees in the bargaining unit will participate in the Contractor sponsored 401(k) account program. The Contractor will make monthly cash contributions equal to five percent (5%) of the employee’s gross compensation into their savings plan account. The provisions of this program are as stated in the Summary Plan Description to be provided to all eligible employees except the Contractor contribution will be limited to that stated above.
• Employee Educational Assistance

2) Additional Employee Voluntary Plans (at employee’s cost)

• Medical Insurance
• Dental Insurance
• Vision Insurance
• Short Term Disability Insurance – Benefit of 66 2/3% of base weekly earnings less any statutory disability payments (Maximum of two thousand three hundred eight dollars ($2,308.00) per week)
• Long Term Disability
• Dependent Life Insurance
• Supplemental Life Insurance - Composite rates for this insurance shall be the same prorated rates for all employees and not be based on the age of employees.
• Supplemental Accidental Death & Dismemberment
• Flexible Spending Account
• 401(k) Employee pre-tax contributions

3) All employees covered by this Agreement who were employees pursuant to an Agreement between the Contractor or any predecessor contractor and the Union shall be entitled to receive at least the same value of benefits for Life Insurance, Disability Insurance and other listed benefits without the need or requirement for re-qualifying for said coverage or benefits.

4) Flexible Benefits Program

• Employees covered by this Agreement are eligible to participate in the RSS II Flexible Benefits Program. Under this program, the Contractor will provide each covered full-time employee with a Flexible Benefits Credit of $378.21 bi-weekly. This amount shall remain constant until such time as a negotiated change is agreed to by the Union and the Contractor. 

1) The Contractor will ensure the furnishing of all uniforms, equipment and weapons (where required) for employees assigned to the Greater Metropolitan area locations is adhered to. These employees covered by this Agreement will be provided with three (3) short sleeved and three (3) long sleeved uniform shirts, and three (3) uniform pants. At the completion of one (1) year, the employee shall receive an additional two (2) long sleeve shirts, two (2) short sleeve shirts and two (2) pairs of pants. All uniforms thereafter shall be replaced on a one for one basis of serviceability. Uniform, jackets, coats and boots as appropriate to the location, will be issued thru the Contractor.

2) Employees covered by this Agreement and assigned to those locations outside the Greater Metropolitan area issued Government Furnished Equipment (GFE) will be provided an initial issue of three (3) sets of uniforms, two (2) pair of desert boots, belt, hat, coats, jackets and any other equipment needed for duty at those locations. At the completion of one (1) year, the employee shall receive an additional two (2) sets of uniforms. Re-issue of uniforms will be conducted based upon serviceability standards of exchange one for one. All equipment as appropriate to these locations, will be provided by the Client. 

3) No uniforms or parts of uniforms, equipment, badges, buttons, or insignia other than as prescribed by the Contractor may be worn while on duty. 

4) The current practice regarding cleaning of uniforms will continue for the term of this Agreement.

5) Required Personal Protective Equipment (PPE) will be provided at no cost for employees assigned to all RSS II Operations. 

6) Equipment and weapons supplied by the Contractor remain the property of the Contractor. All Contractor equipment must be returned to the Contractor upon termination of employment. Failure to comply with this requirement will result in the cost of said equipment being deducted from any monies due to the employee. 

Consistent with Article 35, Department of Defense Orders, Directives, and/or Regulations, the Collective Bargaining Agreement, the Contractor and employees shall comply with all applicable health and safety regulations.

When requested, the Contractor will provide safety glasses (prescription or nonprescription) to employees under existing RSS II contract policy. Should Federal or client regulations result in changes to duty equipment which would influence the type of prescription glasses required, the Contractor shall provide these at no cost to the employee annually. 

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All employees covered under this Agreement must maintain good general health without physical injuries, defects or abnormalities, which would interfere with the performance of duties. Each employee must meet certain requirements for which the minimum standards are:

1. Properly proportioned height and weight (in accordance with Weight Requirements by Age Group/Gender chart);
2. Possess binocular vision correctable to 20/30 (Snellen);
3. Able to discriminate among standard colors;
4. Capable of hearing ordinary conversations at twenty (20) feet and whispered conversations at ten (10) feet with each ear with/without the benefit of a hearing aid; and
5. Able to perform normal or emergency duties requiring moderate to arduous physical exertion, such as:

                    a) Standing or walking for an entire shift;

                    b) Climbing stairs or ladders; 

                    c) Lifting or carrying objects weighing up to fifty (50) lbs.;

                    d) Running for a short distance; and

                    e) Self-defense. 

SECTION 1. Effective January 1st, 2019 all employees must meet the physical requirements shown in the accompanying chart.

SECTION 2. Compliance with the standards will be evaluated at each employee annual physical. Any employee not meeting such requirements will be placed in the Weight Control Program. The Contractor contracted physician will provide the employee with a target weight that an employee must lose in order to be within height/weight standards and be removed from the Weight Control Program. 

SECTION 3. Employees not meeting the weight standards will be required to lose 30% of that target weight during the first year in the Weight Control Program, 30% in year two in the Weight Control Program, and the remaining 40% during the third year in the Weight Control Program. The Contractor contracted physician will evaluate the employee’s success or failure to meet his target weight loss percentage during the employee’s annual physical. This physical will be scheduled as soon as possible following each anniversary year. 

SECTION 4. Employees who feel they have a unique body type (e.g. weight lifter who has low body fat) may request a body fat index measurement as an alternate method for determining whether or not they meet the standard. The Contract contracted physician will determine the employee’s body fat percentage by measuring seven fields: gender, age, height, weight, neck, waist and hips (females only). These values will be entered into the body fat calculator found at http://fitness.bizcalcs.com/Calculator.asp?Calc=Body-Fat-Navy. Males must be at 25% body fat or lower and females must be at 31% body fat or lower to be within acceptable standards. 

SECTION 5. While on the Weight Control Program, employees who fail to meet the established weight standards during any annual physical will be terminated.