Transcription
SEIU Local 26 Security Officers Contract - DOWNTOWNMarch 3, 2013 – February 29, 2016
Signatory CompaniesThe following companies are signatories to this contractagreement:ABM SecurityAllied Barton SecurityAmerican SecurityG4S Secure Solutions (USA)Securitas Security ServicesViking SecurityWhelan SecurityAlthough each company signed the contractindividually, the terms of the contract areidentical for all of them and the provisions applyto you and your employer.SEIU Local 26706 N. 1st Street, #110Minneapolis, MN 55401855-265-6225www.seiu26.org2
Table of ContentsAGREEMENT . 4WITNESSETH . 4ARTICLE 1: TERRITORIAL JURISDICTION . 4ARTICLE 2: RECOGNITION . 6ARTICLE 3: UNION MEMBERSHIP . 7ARTICLE 4: NON-DISCRIMINATION . 9ARTICLE 5: TRAINING. 10ARTICLE 6: MEDICAL/PHYSICAL REQUIREMENTS . 11ARTICLE 7: JOB CLASSIFICATIONS. 12ARTICLE 8: WAGES: . 13ARTICLE 9: OVERTIME . 15ARTICLE 10: HOLIDAYS . 15ARTICLE 11: VACATIONS . 16ARTICLE 12: LEAVE OF ABSENCE . 17ARTICLE 13: INSURANCE . 20ARTICLE 14: SENIORITY . 25ARTICLE 15: JOB VACANCIES . 27ARTICLE 16: MANAGEMENT RIGHTS . 29ARTICLE 17: NO STRIKES, PICKETING, LOCKOUTS . 32ARTICLE 18: GENERAL . 33ARTICLE 19: DISCIPLINE PROCEDURES . 37ARTICLE 20: GRIEVANCE PROCEDURE . 40ARTICLE 21: SEVERABILITY . 45ARTICLE 22: BIDDING PROCEDURE . 45ARTICLE 23: 401K . 47ARTICLE 24: WAIVER. 48ARTICLE 25: TERMS & DURATION OF AGREEMENT . 503
AGREEMENTThis Agreement is made and entered into as of the 3rd dayof March, 2013, between [Company Name] (hereinaftercalled the "Company") and the Service EmployeesInternational Union (SEIU), Local 26, Change to Win,(hereinafter called the "Union").WITNESSETHWHEREAS, the employees of the Company have elected tobargain collectively with the Company , and for saidpurpose a majority of same have affiliated themselves asmembers of the Service Employees International UnionLocal 26, an affiliate of Change to Win, and have chosensaid Union to bargain collectively on their behalf for wages,hours of employment and working conditions.ARTICLE 1: TERRITORIAL JURISDICTION1.1 The covered territory in this agreement shall be definedas the geographic territory within the Minneapolis andSt. Paul corporate city limits.1.2 "Most Favored Nations:" In the event the companytakes over servicing any building covered by section1.1 of this Agreement from another employer who is4
party to an agreement with the union covering thesecurity officers at such facility, the company mayadopt the economic terms in effect at the building, evenif those terms are lower than those contained in thisagreement. No agreement shall be made by the Unionwith other Companies in this industry which containsany terms more favorable to any Company than theterms of this agreement, including TerritorialJurisdiction. The Union agrees to inform the Companyupon the signing of this Agreement by any newsignatory.1.3 Subcontracting: there shall be no subcontracting ofbargaining unit work, with the following exceptions:a)use of off duty police officers;b)any signatory to the Agreement;c)in the case where a client requires m itscontract a SBA, MBE, WBE contractor; ord)in the case of specialized functions (such as, butnot limited to, canine patrols, and/or armedguards), the Employer may hire or engagesecurity personnel for up to and including ninety(90) days to provide the specialized functions5
without such personnel being covered by theterms of this Agreement, subject to extension bymutual consent. Consent shall not beunreasonably withheld. If an employee performingspecialized functions is hired into a regularposition, his or her time performing a specializedfunction shall count towards his or herprobationary period under this Agreement.ARTICLE 2: RECOGNITION2.1 The Company recognizes the Union as the exclusivebargaining agent for its employees engaged in thecontract security industry, wherever employed in thecovered territory, performing security services, includingall full-time and part-time security guards/officers,including working lead personnel employed in officebuildings, public buildings, public arenas, conventioncenters, but exclusive of:a. Allexecutive, salaried supervisors, salesemployees, clerical, professional, as defined by lawand all other non- security/guard/officer positionemployees of contract security companies.b. Hourly Paid Supervisors, Foremen. An "hourlypaid supervisor" or "foreman" is defined as an6
employee with the authority to hire, discharge,discipline or otherwise effect changes of the statusof employees on a job.Whenever the word "Company" is used inAgreement, it shall apply only individually toemployees covered by this Agreement, and not toof those excluded; and none of the provisions ofAgreement shall apply to the excluded employees.thistheanythisARTICLE 3: UNION MEMBERSHIP3.1 Union Shop: The Company agrees that all employeespresently employed and all new employees, in coveredterritory as defined in Article I, shall, as a condition ofemployment, join the Union within thirty (30) days afterthe effective date of this Agreement and shall continuetheir membership during the life of this Agreement.3.2 Dues Withholding: The Company agrees to withholdfrom the wages of each employee working over twentyfour (24) hours or more in any calendar month, andpay to the Union, all initiation fees and dues requiredby the Union. The Company will deduct such dues inequal amounts each paycheck, and immediatelyforward the amount with a digital spreadsheet of a listof employees' names and the addresses and7
deductions of each to the Union. In addition, quarterly,the Company will also provide the Union with Name,Address and Worksite. The Union will notify theCompany in advance of any changes in dues, inwriting. The Union agrees to indemnify and saveharmless the Company from any and all liabilities itmay suffer as a result of agreeing to be bound byArticle 3, including court costs and reasonableattorneys' fees.3.3 Probationary Employees: All new employees hiredafter the effective date of this Agreement shall not beconsidered regular employees of the Company untilafter a probationary period of ninety (90) days. Duringthe probationary period the employees will berepresented by the Union, and will be covered by anyof the terms and conditions, unless otherwise notedherein, of this Agreement but may be dischargedwithout cause and without recourse to the grievanceprocedure of this Agreement.3.4 Check-offs for other voluntary contributions: TheCompany agrees to make payroll deductions for eachemployee who had authorized such deductions inwriting in amounts and at the times stated in theauthorization into the Unions Committee on PoliticalEducation Fund,8
3.5 Union Obligation: The Union will provide all newmembers with a copy of the wage rates.ARTICLE 4: NON-DISCRIMINATION4.1 The Union and the Company agree they shall notdiscriminate in violation of federal or state law againstany applicant or employee in hiring, promotions,assignments, suspensions, discharge, terms andconditions of employment, wages, training, recall orlay-off status, because of race, color, ancestry, religion,creed, national origin, age, sex, maternity status, sexualorientation or against a qualified individual with adisability (defined by the Americans with DisabilitiesAct). No employee or applicant for employmentcovered by this Agreement shall be discriminatedagainst because of membership in the Union oractivities on behalf of the Union.4.2 Subsequent Proceedings: The negotiations whichculminated in this Agreement were an equal effort byboth the Company and the Union with equalresponsibility for the results. Therefore, in the event theCompany is charged or sued because of an allegedequal employment violation arising out of these termsand conditions of this Agreement, on the basis of race,9
creed, color, age, religion, national origin, sex,disability, veteran status, marital status or Unionmembership (under state, federal or local laws orregulations), the Union shall be immediately joined asa party to such charge or suit and the Union agrees todefend the Company's position and bear equally allresponsibility and costs that may result from suchproceedings.ARTICLE 5: TRAINING5.1 Representatives of the Union and the Company shallmeet and confer to establish a joint labor andmanagement industry undertaking in an effort to theextent possible and practical to develop an organizedplanned system of training and accreditation,identifying client's needs, surveying security practicesand developing a measurable qualifications program.5.2 Training Documents: All employees are required to signany document that the Contractor provides tosubstantiate training, i.e., safety, MSDS, OSHA, etc.5.3 The Company will provide proper equipment and site-specific training to reasonably protect officers.5.4 Post Orders by necessity are general guidelines and to10
the extent possible shall reflect site- specific jobrequirements of the Company and the Client.ARTICLE 6: MEDICAL/PHYSICAL REQUIREMENTS6.1 Medical Examination: In any case where there is aquestion as to the employee's ability to carry on or dothe work, the Company shall have the right to require amedical/physical examination, and if such employee isfound to be medically/physically unfit to perform theessential elements of their position, the employmentrelationship may be terminated. The Company shallalso have the right to require a medical/physicalexamination of all new employees. The Company shallpay the expense of such examination.6.2 Drug Testing: The Company reserves the right toestablish and enforce any lawful policy concerningemployee use, possession or transfer of drugs ortesting for drugs as a condition of employment. [n theevent there are reasonable grounds to suspect anemployee is using drugs or under the influence ofdrugs on the job, the Company reserves the right toimpose any and all discipline, including termination forrefusal to submit to lawful testing. The Company shallpay the expense of such drug testing.11
6.3 Security and Background: The Company reserves theright to conduct necessary personal backgroundinvestigations. Any refusal to supply or authorizeaccess to information or lack of cooperation on the partof the employee in the course of such investigationmay result in termination of employment and should beconsidered just cause. Failure to meet State orFederal requirements will be just cause for termination.The Company will be responsible for the costassociated with background checks for union membersin good standing.6.4 Fingerprinting may also be required. Any refusal tosupply or authorize access to information or lack ofcooperation on the part of the employee in thecourse of such investigation may result in terminationof employment.ARTICLE 7: JOB CLASSIFICATIONSFor the purpose of this Agreement the followingclassifications will be applicable:7.1 Full-TimeSecurity Officers: Regularly scheduledemployees who work thirty-five (35) or more hours perweek who perform security duties.12
7.2 Part-Time Security Officers: Regularly scheduledemployees who work less than thirty-five (35) hoursper week, who perform security duties.ARTICLE 8: WAGES:8.1 Employees will receive not less than the followingminimum wage rates:New OfficerSenior Officer*3/3/3013 3/1/2014 3/1/2015 12.50 12.50 12.50 13.70 14.05 14.40All employees will receive a raise no less than thefollowing on March 1, 2013 of .50, .35 on3/1/2014and .35 on 3/1/2015. Any additional raise percalendar year will be at the discretion of the Company.*Senior Officer is any officer who has completed 4years of seniority. This increase occurs on theOfficers/Employees seniority date.8.2 Any increase received by a security officer sinceJanuary 1, 2013 would apply toward the raise listedabove.8.3 Intentionally Deleted.13
8.4 With the expressed exception of Section 8.3, nothingin this provision shall result in reduction of the wagerate of any bargaining unit employee who wasemployed at the time of the ratification of thisAgreement.8.5 A Company may, at its discretion, grant a discretionaryincrease in the wage rates set forth in this Article 8 inthe calendar year preceding the date on which theincrease becomes due, and if it does, the Company mayrequire that such an increase count toward the nextscheduled increase as set forth and required by thisArticle 8.8.6 Employees shall be paid at the regular wage rate forall account-specific, State-mandated CEU andCompany-required training. Time spent in this trainingshall count towards calculation of overtime. Overtimewill be paid in excess of forty (40) hours in a workweek.8.7 Hours spent in new employee orientation will be paidat current minimum wage no later than uponcompletion of the probationary period.14
ARTICLE 9: OVERTIME9.1 All time worked in excess of forty (40) hours per weekshall be considered overtime and paid for at time andone-half.9.2 In situations where an employee is called back towork on the same day one (1) hour or more after theirshift ends, employee will be paid no less than three (3)hours in duration.ARTICLE 10: HOLIDAYS10.1 If the employee works the holiday listed below theyget paid time and one-half for the hours worked on theholiday. Holidays include:New Year's DayLabor DayMemorial DayThanksgiving DayIndependence DayChristmas Day10.2 If an employee's regularly scheduled shift falls on arecognized holiday listed above and that shift is cancelledthey will be paid at straight time. If the employee whoseregularly scheduled shift falls on a recognized holidaylisted above and the employee works that shift, they willbe paid at 1 ½ times their regular rate of pay. TheCompany reserves the right to reschedule any such15
affected employee to work on any such holiday.ARTICLE 11: VACATIONS11.1 Upon completion of one (1) year continuous service ofat least one thousand seven hundred twenty (1720)paid hours and excluding plant closings, an employeeshall be entitled to the vacation pay per the schedulebelow. Each regular employee who has continuousservice with the Company and who qualified for his orher full vacation each year will be covered by thefollowing schedule of maximum vacations:Effective upon ratification: 1 year continuous service will accrue up to 40 hours 3 years continuous service will accrue up to 80 hours 8 years continuous service will accrue up to 120 hoursVacation will accrue at the following rates: 0-3 years:.0192 hours per hour worked 3-8 years.0385 hours per hour worked: 8 years:.0577 hours per hour worked11.2 An employee must satisfy the continuous service andthe hour requirements to qualify for a vacation,whether full or partial. Qualifications for full vacation areboth one (1) year of continuous service and aminimum of one thousand seven hundred twenty16
(1720) paid hours and excluding plant closings, in suchperiod of continuous service.11.3 Vacation requests must be submitted in accordancewith the current Company policy in effect at the timethe employee requests vacation.11.4 In the event of a conflict between the vacationpreferences of two or more employees within alocation, the employee with the greater length ofservice with the Company shall have preferenceprovided the employees have submitted their requestsprior to March 31. After March 3 I, vacations areawarded on a first-come first-award basis.11.5 Vacation will be administered in accordance with thecurrent Company policy in effect at the time of therequest.11.6 Carry over: an employee may carry over up to forty(40) hours of any unused vacation from the previousyear.ARTICLE 12: LEAVE OF ABSENCE12.1 Employees will be granted a leave of absence at theCompany's discretion.17
12.2 Disability Pay: This benefit is available for full-timeemployees who have completed their probationaryperiod at a rate of Effective 3/3/13 45% of regularpay; Effective – I/1/14 – 47% of regular pay andEffective 1/1/15 – 49% of regular pay per weekupon ratification and through the term of thisAgreement; not to exceed 12 weeks within a 12 monthperiod (The 12 month period is calculated backwardsfrom the 1st day of the recently requested leave). Thebenefit begins after the eighth day of total disability or onthe first day of hospitalization, whichever comes first.12.3 FMLA (Family Medical Leave Act): Part-time or full timeemployees with one year of employment who haveworked at least I ,250 hours may take up to 12 weeksunpaid leave for the birth, foster care or adoptionplacement of a child or for a serious illness of anyimmediate family member or for him/herself. This timeoff is covered under the Family Medical Leave Act of1993 (FMLA). An employee must submit a statementfrom a medical physician verifying the need to be off ofwork at the time the medical leave is requested.12.4 Military Leave: All reservists or National Guardmembers are required to notify the Company within one(1) day of receiving orders of training exercises18
requiring time off of work. Military leave will be withoutpay or at the discretion of the Company. While onMilitary leave, seniority will continue to accrueuninterrupted, and upon return from the leave anycontract wage increase that occurred while the memberwas on leave shall apply.12.5 Funeral Leave: All full-time employees will be alloweda period of up to three (3) days off with pay to makearrangements for and attend the funeral of a mother,father, spouse or child. Up to two (2) days off with paywill be allowed for a brother, sister, current mother-inlaw, or current father-in-law. Employees will be allowedup to one (I) day off with pay to attend funerals forgrandparents, grandchildren and great- grandchildrenand current brothers/sisters- in-law. The Companyreserves the right to require proof of attendance at thefuneral.All part-time employees will be eligible forbereavement pay if arranging and/or attending thefuneral occurs during their normal scheduled work dayfor relatives listed above, not to exceed the full-timebenefit. Employees will be paid only for normalscheduled work day(s) missed.12.6 Jury Duty: Administered in accordance with the law. Ifemployee works second or third shift, they will be given19
unpaid time off as well.12.7 Union Leave: Upon at least ten (10) business days ofadvance written notice, one (I) employee of thecompany shall be granted up to twelve ( 12) weeksunpaid leave in any consecutive twelve ( 12) monthperiod for union business, extendable by mutualagreement. The union will be responsible for allbenefits and acc
Securitas Security Services Viking Security Whelan Security . pay the expense of such drug testing. 12 6.3 Security and Background: The Company reserves the right to conduct necessary personal background . calenda
