SECTION 1. This Agreement is made and entered into on the 1ST day of October 2018, by and between Janus Global Operations (JGO) a sub-contractor of URS Federal Services, hereinafter referred to as the "Contractor", and the Security Police Association of Nevada (SPAN), hereinafter referred to as the "Union". This Agreement shall apply to all Security Force work performed supporting all operations of the Nevada Test and Training Range (NTTR) and affiliate locations of the Range Support Services Program II (RSS II Contract) as such work is to be performed by members of the bargaining unit. If the Contractor should be awarded, or initiate, additional security work under Contract No. FA8240-15-R-3102 in the State of Nevada during the term of this Agreement in the classifications covered by this Agreement, such additional work and the individuals engaged in such work shall also be covered by the terms of this Agreement.
SECTION 2. Anytime the masculine gender is used in this Agreement, it shall also apply to the female gender. All provisions of this Agreement shall apply to male and female employees alike.
SECTION 3. It is the intent and purpose of this Agreement to assure a sound and beneficial industrial relationship among the parties by setting forth the benefits, wages, hours, working conditions and other terms and conditions of employment and by providing an orderly and peaceful means of adjusting and resolving disputes and grievances which may arise during the life of this Agreement.
SECTION 4. This Agreement shall be binding upon the parties hereto, and no provisions, terms or obligations shall be affected, modified, altered or changed in any way by the consolidation, merger, sale, transfer, contracting out or assignment of either party, or affected, modified, altered or changed in any way by any change of any kind in the legal status, ownership or management of the Union or the Contractor.
SECTION 1. The Contractor shall recognize the Union as the exclusive representative for the purpose of collective bargaining for all employees working under this Agreement (pursuant to Section 29 U.S.C. § 159(a)) and engaged in Security Force duties within the RSS II heading (Contract No. FA8240-15-R-3102) supporting the Department of Defense (DOD) at all facilities incidental thereof, including assignments to off-site projects of the DOD covered under the contractor’s Performance Work Statement (PWS) with the DOD within the State of Nevada or other such locations directed by the client as required.
SECTION 2. In the event it becomes lawful in the State of Nevada to include a Union Security clause in this Collective Bargaining Agreement, the parties will meet and negotiate in good faith to agree on a lawful Union Security clause that will be implemented as soon as reasonably practicable.
SECTION 3. This Agreement shall cover all working conditions, wages and hours of employment affecting the employees covered by this Agreement engaged in contract Security Force duties but excluding all Managers, Majors, Captains, Lieutenants, Training Officers, Quality Control, Clerical employees and all Supervisors as defined by the National Labor Relations Act.
SECTION 1. Due to the sensitivity, protection requirements and the operations being conducted by the Contractor and other organizations at all locations covered by the RSS II Contract, the Contractor and the Union agree that the Contractor’s operations must not be interrupted during the term of this Agreement.
a) In recognition of the above, the Union collectively, and the employees covered by this Agreement agree they will not engage in or sanction any strike, sympathy strike, work stoppage, slowdown, picketing, sit-down, sit in, or boycott of the Contractor's operations at any location covered by this Agreement where work is performed by members of the bargaining unit. The Union shall support the Contractor in maintaining its operations during the term of this Agreement.
SECTION 2. The Contractor agrees there will be no lockout of the Union or of employees represented by the Union during the term of this Agreement.
SECTION 3. Any violation of Section 1 or 2 of this Article shall not be subject to the provisions of Article 19, Grievance and Arbitration Procedures.
SECTION 1. Except as specifically limited by this Agreement:
SECTION 2. Union representatives with the proper security clearance shall have the right, upon request, to review the PWS.
SECTION 1. The Union agrees that where Government security regulations are placed upon the Contractor by authorized government individuals, agents or agencies such regulations will govern the acceptance or rejection of an employee for work coming under those regulations.
SECTION 2. The Union agrees that should an employee be removed from the payroll due to the employee’s failure or inability to meet or comply with Government security regulations placed upon the Contractor or the employee’s site access is denied or rescinded by the Government, such action shall not be subject to Article 19, Grievance and Arbitration Procedures.
SECTION 3. Upon the application of Section 2 above, the Contractor shall provide the Union with information provided by the authorized agent of the Government which shall support the directed action of the Contractor.
SECTION 4. Copies of directives, if provided by the client, or written explanation from JGO Management regarding security requirements and the implementation or changes thereto will be made available to the Union within 30 calendar days. The provisions of Article 35 shall apply.
SECTION 1. The Contractor recognizes that it is required by law not to discriminate against any applicant for employment because of race, age, creed, color, national origin, sex, sexual orientation, veteran status or disability and hereby declares its acceptance and support of such laws. The Contractor and the Union agree to comply in all respects with all applicable laws and Executive Orders regarding nondiscrimination. The Contractor and the Union both agree to comply with all state and federal laws with respect to employees covered by this Agreement.
SECTION 2. The Contractor shall be the sole judge as to the competence or relative competence of all applicants and the Contractor may reject any job applicant. The Contractor retains complete authority to determine eligibility for employment for all job applicants and the right to conduct necessary screening to determine eligibility.
SECTION 3. The Contractor will make written notification to the Union within thirty (30) days of any work status change(s) (promotions, shift change, work location, etc.) of current employees covered by this Agreement.
SECTION 4. The Contractor shall permit off duty members of the Union Executive Board to address all New-Hires during orientation with a reserved half (1/2) hour period absent management personnel.
SECTION 5. The Contractor will consider individuals submitted by Union members for employment vacancies.
SECTION 1. A Joint Labor - Management Committee will be established between the contractor and the Union to discuss mutual solutions to issues and or concerns affecting Labor-Management relations.
a) Representation:
b) Date and Time of Meetings:
c) General Guidelines:
d) Additional actions:
SECTION 1. The Contractor agrees to pay all employees for all time spent in employment and termination processing which is required by the Contractor at the employee’s applicable hourly rate of pay.
SECTION 2. The records of the Human Resources Department of the Contractor shall be determinative of the amount of processing time involved.
SECTION 3. Employees returning to work from a leave of absence without pay shall be entitled to payment for processing time spent in Human Resources or the Security Department; as such time is required by the Contractor.
SECTION 1. The standard workweek for employees covered by this Agreement shall begin at any hour after 0001 hours (12:01 a.m.) on a Monday at the start of a full shift and shall end at 2400 hours (12:00 midnight) the following Sunday or the completion of a shift started on the Sunday.
SECTION 2. The workday for employees covered by this Agreement normally begins on any designated calendar day at the start of their normal scheduled shift and shall end twenty-four (24) hours later.
SECTION 3. The Contractor shall have the right to schedule employees other than as described above to meet customer operational requirements. Any change exceeding twenty-one (21) calendar days shall be considered a permanent change. The Contractor and the Union agree to meet and discuss the impact of any permanent schedule change.
SECTION 4. The normal workday, workweek and shifts at all work locations shall continue with the respective schedules in effect as of the date of ratification of this Agreement. Schedules will be posted weekly at duty locations. Schedules shall be posted between three (3) and seven (7) days in advance of the start of the standard workweek.
SECTION 5. All full-time employees covered by this Agreement and placed on the work schedule shall have a guaranteed 40 hours of pay (except R-1 during weeks with a scheduled Article 12 Holiday. Those R-1 employees scheduled to work will have their holiday hours counted towards their 40 hours of pay but not toward overtime).
SECTION 6. Employees will be allowed to trade shifts and/or posts within a workweek provided such requests are approved by the appropriate supervisor(s) and result in no significant increase in costs.
SECTION 7. The Contractor shall draft an onsite document which reflects all station hours, times and other miscellaneous provisions concerning durations of hours for posts and patrols of all locations covered by this Agreement.
SECTION 1.
SECTION 2. Section 1 shall not apply if the employee involved reports for work in an unfit condition or is unable to perform said work for some other reason which is of his own responsibility.
SECTION 1. Employees covered by this Agreement are to be paid overtime for hours worked at the rate of one and one-half times (1½ X) their applicable hourly rate for any of the following conditions:
SECTION 2. The opportunity for overtime work will be offered equally among all employees assigned at an operational location based on the overtime assignment roster and Overtime Call-Out Duty procedures.
SECTION 3. All full-time employees will be offered overtime duty positions prior to any part-time or casual employee being offered the overtime working hours.
SECTION 4. Overtime shall not be paid under this Article for more than one reason for the same hours worked. There will be no pyramiding of overtime set forth in Section 1 above.
SECTION 5. When Force-Out Duty Overtime is required, the Contractor shall have the right to assign employees to work. Volunteers currently at the location will be solicited first. If volunteers are not available, the required overtime will be assigned to the available work location employees in order of reverse seniority using applicable current force-out rotation lists.
SECTION 6. “Duty Roster” and “Schedule” are considered the same.
SECTION 7. Weekly or daily schedules will not be altered by the Contractor to avoid the payment of, or scheduling of overtime. This Section shall not restrict the Contractor’s right to change an employee’s assigned post within his assigned schedule and location.
SECTION 8. Employees required to commence work prior to the established scheduled time shall be paid at the overtime rate for all time worked prior to such starting time.
SECTION 9. If there is notification of the ECP/TCP requirement at least twenty-four (24) hours in advance, then the staffing of all closure assignments of any ECP/TCP shall be done with designated ECP/TCP overtime assigned personnel at the overtime rate of pay.
SECTION 1. Employees shall receive a rest period of not less than eight (8) hours between the termination of any work and the commencement of another shift, except in cases of emergency. The period of rest shall begin when the employee has completed his duties at the end of his assigned shift.
SECTION 2. Employees not receiving at least an eight (8) consecutive hour break commencing at the end of a work shift will be paid at the rate of one and one-half times (1½ X) their base rate for all hours worked in the next work shift until such time as an eight (8) hour break is provided.
SECTION 3. If to comply with the eight (8) hour break provision it is necessary to delay the employee’s starting time, it is agreed that the Contractor shall have the right to change the starting time without loss of wages to the employee.
SECTION 1. The following days shall be recognized as designated holidays:
Employees working under this Agreement shall receive a maximum of eighty (80) hours of holiday pay per calendar year, prorated according to date of hire and/or termination.
SECTION 2. Holiday pay will be paid at the rate of eight (8) hours, at the base hourly rate, per holiday for ten (10) holidays per calendar year. To be eligible for holiday pay, an employee must be in pay status or on approved leave on his scheduled workdays immediately preceding and following the observed holiday. Individuals on long-term leaves of absence (duration greater than thirty (30) days), are not eligible for holiday pay.
SECTION 3. An employee required to work on a day observed as a holiday within Section 1 will be paid at the rate of pay of one-and one-half times (1 1/2x) the hourly rate of pay for the first eight (8) hours worked and two times (2x) the rate of pay for all hours worked thereafter. Such time worked will count as time worked for computing overtime.
SECTION 4. A holiday that falls on an employee’s scheduled day off will not be counted as time worked for purposes of computing overtime.
SECTION 5. Employees required to work on a holiday will be paid in accordance with Article 10 and such work will be counted as time worked for the purpose of computing overtime. In no case will hours, projected to be worked on a holiday, be subtracted from forty (40) hours for computing overtime.
SECTION 6. On government directed non-performance days other than observed holidays and weekends, the regularly assigned security screening personnel from “G” will report for duty at P-1 to perform security screening training for personnel at this location. The duty hours for this training will be determined by management however, the duration shall be at least equal to the hours normally worked by “G” personnel.
SECTION 1. All employees will report to their assigned jobsite/work location on their own time. There will be no compensation paid for time spent in travel by an employee to and from his assigned jobsite/work location when travel is in association with weekly assigned schedules or as provided for in this Article.
SECTION 2. The Contractor will provide transportation to Locations “G” and “T” (only) from the Greater Metropolitan Area and return. Transportation will be provided at no cost to the employees. However, if normal transportation is not available, transportation to and from the work locations will be via Contractor/Client owned vehicles. The driver of such vehicles will be in a work status and will be designated a Shuttle Driver. To fill a Shuttle Driver call out, the Contractor will utilize the overtime assignment roster in accordance with Article 10, Section 2, “Overtime”. If there are not sufficient volunteers for the overtime Shuttle Driver position, the Contractor may force out employees for mandatory overtime in accordance with Article 10. It is understood by both the Contractor and Union that:
SECTION 3. If for any reason, other than mission activities, there is a delay in transportation returning to the transportation pick up point exceeding one (1) hour, all end of cycle passengers from Location “T” will receive a travel stiped of $67.50 and end of cycle passengers from Location “G” will receive $45. If transportation is arranged through shuttle, the driver shall be in full pay status as provided in Section 2 and not entitled to the travel stiped as provided in this Section.
SECTION 4. Employees who are directed by the Contractor to use their privately-owned vehicles due to non-availability of Contractor/Client owned transportation will be in a work status while driving between locations. The driver of such vehicle will be paid the current Joint Travel Regulation mileage rate. Reimbursed mileage will not exceed the travel distance from the Greater Metropolitan area location to that of the agreed upon locations (as assigned) and the return distance, regardless of where the Employee resides.
SECTION 5. The parties acknowledge that all lost work time having been created by transportation delays/revisions incurred in travel to Range locations covered by this Article shall not be cause for any deduction in hours or wages of any employee covered under this Agreement.
SECTION 1. The Contractor may have employees subject to this Agreement submit to a medical examination in connection with an offer-of-employment, annual, fitness for duty or termination action. Examinations will be conducted by the Contractor physician(s).
SECTION 2. Employees returning to work following a serious health condition, as defined under the Family Medical Leave Act (FMLA), shall provide a return to work certification and may be required to certify fitness for duty through the Contractor physician(s).
SECTION 3. Medical tests when required by the designated Contractor physician, will be part of the annual medical process to be paid for by the Contractor and administered on paid time. Example: If the Contractor designated physician requires additional medical testing to make a fit for duty determination, such testing will be paid for by the Contractor.
SECTION 4. Reports resulting from any examination specified above shall be made available to the employee involved upon written request by that employee.
SECTION 5. It is not the intent of the Contractor to use the results of any of the above medical examinations against the employee involved unless the results show that the employee is unable to perform the duties of the position, continuation on the job would be detrimental to him, continuation on the job would be hazardous to other persons, or for the application of physical fitness standards.
SECTION 6. In the event a dispute arises between the parties over the Contractor's use of the results of a medical examination against an employee pursuant to the above provision, such dispute shall be subject to the Grievance and Arbitration Procedures set forth in Article 19.
SECTION 1. The Contractor and the Union seek to establish Light Duty work positions which have been determined to be a benefit to each of the parties. If the client authorizes these positions to become activated, the Contractor and the Union agree to meet to discuss the implementation of these positions to the Program prior to the scheduling of any member subject to this Article/Agreement.
SECTION 1. Authorized representatives of the Union shall have access to those areas where contract Security Force work is being performed to visit employees on the job for determining that this Agreement is being carried out. Visitations are subject to Security and Safety regulations of applicable U.S. Government agencies. The Union agrees that it will give a courtesy notification to security management of visits and that its representatives will not disrupt operations.
SECTION 2. One (1) working Union Steward may be appointed at the discretion of the Union for each flight, at each location covered by this Agreement who will represent the employees on the job, subject to the supervision of the local Union President. The Union will keep the Contractor advised of the identity of the Stewards as well as the Executive Board members representing the Union, and only employees currently holding these positions will be recognized by the Contractor as representing the Union. If the Contractor has just cause to discharge a Union Officer, absent exigent circumstances the Contractor will inform a Union Executive Officer prior to any action.
SECTION 3. All Union Officers are working employees who shall in addition to their regularly assigned work, will be permitted to conduct Union business and conduct Contractor meetings during working hours. At no time will these duties jeopardize the security of the work location(s). The Union agrees that such duties shall be performed as expeditiously as possible and the Contractor agrees to allow Union Officers a reasonable amount of time for the performance of such duties. Union officials will be allowed reasonable time off to perform Union business without cost to the Contractor. Such time off shall be reported as “LWOP- Authorized Union Business” in the current time keeping program.
SECTION 4. The Contractor shall provide the Union with space(s) allotted for bulletin boards with the understanding that the Union shall not post any hard copy letters, handbills or notices elsewhere. Where space does not permit bulletin boards, the Union will provide a continuity book and/or a Clip-Board.
SECTION 5. Union business involving discussion(s) with Contractor Management shall be permitted to take place on Contractor time. There shall be two (2) Executive Board members present when necessary to discuss policy issues, etc. The place and time of meetings referred to herein will be established by Agreement of the parties.
SECTION 1. The Union will be advised of proposed changes to hours, schedules (daily/weekly), personnel policies, procedures and other practices materially affecting working conditions, and which are within the administrative control of the Contractor prior to the implementation of such proposed changes.
SECTION 1. To the extent consistent with the below provisions, the Union and the Contractor agree to abide by the RSS II Program Substance Abuse Prevention and Oral Swab Specimen policies.
SECTION 2. The Contractor agrees to pay an employee for time spent in a substance abuse test ordered by the Contractor. If such test is conducted outside normal scheduled hours, it will be paid at time spent subject to a minimum of four (4) hours. Such time will be count as time worked for the purpose of computing overtime.
SECTION 3. The Contractor agrees that should an employee identify oneself, and request alcohol/drug abuse treatment, they will be subject to the Family Medical Leave Act, if eligible. The Contractor will assist the employee with actions that shall permit the employee to participate in a Contractor’s Employee Assistance Program as outlined in the RSS II Program Substance Abuse Prevention policy.
SECTION 1. Grievance Defined. For this Agreement, a grievance is defined as a claim or allegation by an Employee in the bargaining unit, or by the Union, that the Contractor has violated, or is violating, a provision(s) of this Agreement.
SECTION 2. Grievance and Arbitration Procedure:
All arbitrations shall be held before a single arbitrator. The written demand for arbitration shall set forth the grievance(s) to be arbitrated, the section or sections of this Agreement alleged to have been violated, and the relief sought. Representatives of the Union and the Contractor shall attempt to select an arbitrator, but if they are unable to do so within ten (10) calendar days after the demand for arbitration, the parties shall request the FMCS to submit a list of seven (7) arbitrators. The parties will alternate every other arbitration which party will strike the first name from the list. Following the first strike, the parties will alternate striking arbitrators until one arbitrator remains who shall be appointed to hear the grievance. The arbitrator shall be notified of his selection by a joint letter from the Union and the Contractor or thru their legal counsel/representatives.
The arbitrator shall not have any authority, jurisdiction or power to alter, amend, change or modify, add to or subtract from any of the provisions of this Agreement. The arbitrator’s award shall be based solely upon his interpretation of the meaning or application of the provisions of this Agreement. The award of the arbitrator shall be final and binding upon the Union, the employee(s) involved, the Contractor and its personnel thereafter. The expenses and fees of the arbitrator and court reporter shall be shared equally by the Union and the Contractor.
SECTION 3.
SECTION 4. Union Officers and other necessary witnesses appearing on behalf of the Union shall have reasonable time off without pay to appear as witnesses during grievance and arbitration hearings. The Contractor is not responsible for any travel costs or expenses incurred by Union officers or witnesses appearing on behalf of the Union or the individual grievant.
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