Transcription
SEIU Local 26 Security Officers Contract – SUBURBSMarch 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 . 14ARTICLE 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 . 46ARTICLE 22: BIDDING PROCEDURE . 46ARTICLE 23: 401K . 48ARTICLE 24: WAIVER. 49ARTICLE 25: TERMS & DURATION OF AGREEMENT . 503
AGREEMENTAGREEMENTThis Agreement is made and entered into as of the 3rd dayThisAgreementand enteredintoName]as of the(hereinafter3rd dayof March,2013,is e](hereinaftercalled the "Company") and the Service Employeescalledthe "Company")and Localthe 26,ServiceEmployeesInternationalUnion (SEIU),Changeto Win,InternationalUnion(SEIU),Local26,Changeto Win,(hereinafter called the "Union").(hereinafter called the "Union").WITNESSETHWITNESSETHWHEREAS, the employeesof the Company have elected tobargain collectively with the Company, and for saidWHEREAS, the employees of the Company have elected topurpose a majority of same have affiliated themselves asbargain collectively with the Company , and for saidmembers of the Service Employees International Unionpurpose a majority of same have affiliated themselves asLocal 26, an affiliate of Change to Win, and have chosenmembers of the Service Employees International Unionsaid Union to bargain collectively on their behalf for wages,Local 26, an affiliate of Change to Win, and have chosenhours of employment and working conditions.said Union to bargain collectively on their behalf for wages,hours of employment and working conditions.ARTICLE 1: TERRITORIAL JURISDICTION1.1 TheARTICLEcovered territoryin this agreementshall be defined1: TERRITORIALJURISDICTIONas the geographic territory within the 7 county metroareacoveredbut exclusiveMinneapolisSt. Paul1.1 Theterritory in ofthistheagreementshall andbe definedcorporatecitylimits.as the geographic territory within the Minneapolis andSt. Paul corporate city limits.1.2 "Most Favored Nations:" In the event the companytakes Favoredover servicingany Inbuildingcoveredsection1.2 "MostNations:"the eventthe stakes over servicing any building covered by section1.1 of this Agreement from another employer who is44
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
c.employee withauthorityto hire,todischarge,discipline oremployeewiththe theauthorityhire, discharge,otherwise effectchanges ofeffectthe statusof employeesa job.disciplineor otherwisechangesof the onstatusof employees on a job.All employees working in “Critical Infrastructure.” Criticalinfrastructure shall be defined as petroleum refineries, powerWheneverthe facilities,word "Company"is usedin this(butplants, nuclearhospitals and urgentcare facilitiesAgreement,it clinics),shall andapplyonlypatrolindividuallyto thenot medicalvehicleofficers servicingmultiaccounts.covered by this Agreement, and not to anyemployeesof those excluded; and none of the provisions of thisWhenever the word "Company" is used in this Agreement, it shallAgreementshall apply to the excluded employees.apply only individually to the employees covered by thisAgreement, and not to any of those excluded; and none of theUNION MEMBERSHIPprovisionsARTICLEof this 3:Agreementshall apply to the excludedemployees.3.1 Union Shop: The Company agrees that all andall newemployees, in covered3.1 territoryUnion Shop: The Company agrees that all employees presentlyas defined in Article I, shall, as a condition ofemployed and all new employees, in covered territory asemployment,join the Union within thirty (30) days afterdefined in Article I, shall, as a condition of employment, jointheeffectivedatethis daysAgreementshall datecontinuethe Union within thirtyof (30)after theandeffectiveof thistheirmembershipthe theirlife ofmembershipthis Agreement.Agreementand shallduringcontinueduring the lifeof this Agreement.3.2 Dues Withholding: The Company agrees to withhold3.2 fromDues theWithholding:Companyagreesto withholdfrom thewages ofTheeachemployeeworkingover )four (24) hours or more in any calendar month,hoursand n,allpay to the Union, all initiation fees and dues requiredfees and dues required by the Union. The Company willby the Union. The Company will deduct such dues indeduct such dues in equal amounts each paycheck, andamountspaycheck,equalimmediatelyforwardeachthe amountwith a anddigital immediatelyspreadsheet offorwardthe amountnameswith anda digitalspreadsheeta list of employees'the addressesand of a listof employees' names and the addresses and77
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 Officer3/3/3013 3/1/2014 3/1/2015 10.00 10.00 10.00All employees will receive a raise no less than thefollowing on March 1, 2013 of .30, .30on3/1/2014, .30 on 3/1/2015, and .30 on 8/1/2015. Anyadditional raise per calendar year will be at thediscretion of the Company.8.2 Any increase received by a security officer sinceJanuary 1, 2013 would apply toward the raise listedabove.8.3 Intentionally Deleted.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 was13
employed 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.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.14
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 suchaffected employee to work on any such holiday.15
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 twenty(1720) paid hours and excluding plant closings, in suchperiod of continuous service.16
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.12.2 Disability Pay: This benefit is available for full-time17
employees 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,
Securitas Security Services Viking Security Whelan Security . four (24) hours or more in any calendar month, and pay to the Union, all initiation fees and dues required by the Union. The Company will deduct such dues in .
