ARTICLE 19 BEREAVEMENT LEAVE

19.1 Upon the death of a full-time Officer’s immediate family member, the Officer will be granted up to three (3) days leave with pay, not including the Officer’s regular days off, in order for the Officer to make arrangements for and to attend the funeral.
19.2 For the purposes of this Article immediate family member is defined as an Officer’s spouse, child, parents, siblings, grandparents and grandchildren, including immediate family members by step or in-law relation. This Article includes the above-mentioned
family members of same sex couples.
19.3 Bereavement Leave shall not be considered as time worked for the purposes of computing overtime.
19.4 Upon the death of a qualifying person under Section 19.2, the Facility Administrator or their designee will consider, on a case-by-case basis, requests to extend Bereavement Leave up to a maximum of five (5) days.

ARTICLE 18 JURY DUTY

18.1 Officers are required to provide a copy of the Notice of Jury Service upon receipt. They are required to inform their supervisor as soon as possible after learning the specific date of service required. Upon presenting documentation of jury service performed the Company shall reimburse the Officer for each regularly scheduled hour missed. The Officer will receive his straight-time hourly pay rate, up to twelve (12) hours per scheduled workday missed to a maximum of fifteen (15) days in any 12-month period. In the event an Officer is required to serve more than fifteen (15) days of jury duty in any twelve (12) month period, the Facility Administrator, at his sole discretion, may authorize additional paid time. Transportation fees provided to Officers for serving as a juror shall not be considered as jury duty pay. Officers are expected to return to work if excused from jury duty in time to perform at least four (4) hours of a scheduled work shift.
18.2 Jury duty shall not be considered as time worked for the purpose of computing overtime.

ARTICLE 17 EXCUSED/UNEXCUSED ABSENCES AND TARDINESS

17.1 The Company and the Union agree that prompt and consistent attendance is an important part of the performance record each Officer builds from the day they are hired. The success of an Officer depends in large measure on how well he performs the job each day. Attendance in a detention environment is essential to providing for the safety and security of the facility and providing the services required of the Company and the Client. Officers are expected to work their scheduled shifts and if unable to do so, to follow certain guidelines that will assist their fellow Officers and facility Management to meet contractual post assignment obligations.
17.2 The processes below allow for a number of occurrences of tardiness and/or unexcused absences before any discipline is administered, because it is recognized that a reasonable amount of absence due to a bona fide sickness or emergency situation is often beyond the control of the Officer. On the other hand, the parties agree that the facility is entitled to a reasonable degree of regularity in the attendance of Officers, and that disciplinary action is proper for failure to adhere to a reasonable attendance standard. Therefore, procedures contained in this Article will be consistently applied to all Officers.
17.3 All absences from work, other than those allowed in this Agreement will be considered unexcused absences. Unexcused absences will result in progressive disciplinary action that could lead to discharge. Officers will not be required to forfeit Vacation Time to compensate the Company for an unexcused absence.
17.4 Excused absences are those absences that have been approved in advance by the Officer’s supervisor. Examples of an excused absence are vacation time, jury duty, bereavement leave, etc. The provisions of this Article do not apply to the conditions required by state or federal regulations i.e., FMLA, Military Leave, or other governing statutes.
17.5 An unexcused absence is defined as any absence from work that has not been preapproved by the Officer’s Supervisor. An example of an unexcused absence is calling off a scheduled shift less than four (4) hours prior to their scheduled reporting time. A rolling six (6) month period is the applicable period of time within which occurrences are counted under this section. Each separate time an employee is absent is counted as one “occurrence” and the Officer will receive three (3) points for each occurrence. Consecutive days of absence for the same reason will count as only one “occurrence” except as provided in Section 17.5 (e) below. Each time an Officer is tardy he will receive one (1) point.
All absences from work, other than those allowed in this Agreement (i.e. vacation, bereavement leave, jury duty, etc.) will be considered unexcused absences. Any Officer who’s established attendance record or circumstances of any absence are questionable may be required by the Company to produce evidence of illness.
Unless an emergency occurs which prevents the giving of notice that the Officer is unable to work his scheduled shift, the facts and circumstances of which may require verification, the Officer shall personally notify the shift supervisor at least four (4) hours before the scheduled beginning of his shift. If possible, Officers shall give earlier notice.
If any Officer is absent for three (3) consecutive workdays or if the illness occurs in conjunction with an Officer’s excused absence, proof of illness in the form of a doctor’s medical certificate may be required. For absences of less than three (3) days, a doctor’s certificate may be required if the Company has reasonable grounds to believe that the Officer has been, or is, abusing this process. Any misrepresentation will result in discipline as outlined in Article 14.
Patterns of unexcused absences, such as calling in before or after: days off, paydays, company holidays or functions, scheduled vacation days, calendar holidays or other events, will cause Officers to come to the attention of their supervisors who will discuss the issue with them, set expectations for future performance and begin the progressive disciplinary process as outlined in Article 14.
As noted in Article 5.3, any Officer who is absent for a period of three (3) consecutive days without notifying their supervisor or higher authority will be considered as having abandoned their position and their employment will be terminated.

17.6 Tardiness is defined as failing to report for duty at the scheduled reporting time within the parameters established by the time keeping system.
17.7 All Officers will start with a zero point balance upon ratification of the CBA. A rolling six (6) month period is the applicable period of time within which occurrences are counted under the procedure. An Officer’s record of points for absenteeism and tardiness occurrences will be tallied, tracked, trended and reported continuously through the Company’s information systems. Each individual point will be verified for validity before each disciplinary action is issued.
The following accumulative total points received during the rolling six (6) month period are considered thresholds in terms of when disciplinary action may be taken:
3 points ———- Coaching
6 points ———- Counseling
9 points ———- Written Reprimand
12 points ——– Final Written Reprimand
15 points ——– Dismissal
17.8 The Company reserves the right to discharge Officers who, in its opinion, demonstrate a continuing pattern of abusing this process.
17.9 As an incentive for Perfect Attendance, Officers have the opportunity to earn two (2) Perfect Attendance Days per year. If an Officer has Perfect Attendance for a six (6) month period between January 1 and June 30 or between July 1 and December 31, they will receive one personal paid holiday for each period. The holiday must be taken within the six (6) month period following the award. Officers must inform their supervisor at least two weeks in advance of taking any earned paid personal holiday. Perfect Attendance is defined as having no unexcused absences or tardiness.

ARTICLE 16 MANAGEMENT RIGHTS

16.1 Subject to the express provisions of this Agreement, management’s rights include those listed in this Article as well as any rights that are usual and customary.
16.2 The management of the Company’ s operations and direction of the working forces, including, but not limited to: establish new jobs; abolish or change existing jobs; assign and change work duties and responsibilities; employ; promote; demote; train; transfer; layoff; recall; discipline for Just Cause, suspend or discharge; determine the number of employees necessary for any operation; determine the number of hours to be worked; schedule hours of work, including starting and quitting times and meal and break times; increase and decrease the work force; establish, change, and maintain performance standards and methods; deploy the workforce within the facility in the manner it considers the most effective and efficient to meet the operational needs; determine the qualifications, efficiency and ability of employees; maintain the efficiency of operations and employees; determine services to be offered; determine the source of supply for all services, goods, or materials; institute technological changes or improvements in operations; use temporary employees from third party providers, as long as it does not result in layoff or reduction of hours of bargaining unit members; transfer operations; decide the number and location of facilities; close a facility or a portion thereof; acquire, sell to or merge with other companies; require the taking of physical, mental, drug, or alcohol tests; require Officers to consent to credit checks; require Officer’s complete cooperation in investigation of potential theft or fraud; and make and revise such reasonable rules and regulations in connection with the Company’s operations and the conduct and duties of its employees in respect of such operations as are deemed advisable, will be vested exclusively in the company, subject only to such limitations as are specifically set forth in this Agreement.
16.3 The Company need not necessarily exercise rights reserved to it, or if the Company does exercise its reserved rights in any particular way, such will not be deemed a waiver of its right to exercise them in other ways not in conflict with the express provisions of this Agreement. The Company maintains and retains all management rights and the enumeration of management’s rights herein shall not be deemed to exclude any other management rights.

ARTICLE 15 SAVINGS CLAUSE

15.1 Should any part of this Agreement, or any portion therein contained be rendered or declared illegal, invalid, or unenforceable by a court of competent jurisdiction, inclusive of appeals, if any, or by the decision of any authorized governmental agency, such invalidation of such part of this Agreement shall not invalidate the remaining portions thereof. In the event of such occurrence, the parties agree to meet as soon as practical, and if possible, to negotiate substitute provisions for such parts or portions rendered or declared illegal or invalid. The remaining parts and provisions of the Agreement shall remain in full force and effect.

ARTICLE 14 JUST CAUSE

14.1 Except where otherwise provided in this Agreement, where appropriate, the Company will adhere to concepts of progressive discipline, which it defines as the corrective process of applying penalties short of dismissal where conduct is of a less serious nature. The nature of discipline should be appropriate to the conduct and need not begin with the least serious disciplinary action. Acceptance of the principle of progressive discipline does not limit the Company’s authority to immediately dismiss for serious offenses that cannot be condoned.
14.2 No Officer shall be disciplined or discharged without Just Cause. The Company shall provide the Union with a copy of all disciplinary action forms. Any Officer not granted a required security clearance by the Client shall be terminated with no recourse to either the grievance or arbitration procedures set forth in Article 12 of this Agreement.
14.3 The following violations are representative only of the reasons that constitute Just Cause for immediate dismissal. The list of violations below is not an all-inclusive list:
Proven dishonesty,
The use, sale, possession or introduction into the facility of contraband,
Any type of theft,
Aiding or Abetting an escape,
Insubordination,
Fighting,
Being under the influence of illegal drugs or alcohol,
Leaving a duty post without being properly relieved,
Inattention to post (sleeping, etc.),
Sexual and other forms of harassment, in conjunction with the Company’s general orders and regulations,
Unnecessary and/or Excessive Use of Force,
Failure to respond to an emergency,
Failure to obey lawful orders,
Failure to fully and truthfully participate in any facility investigation or attempt to obstruct a facility investigation,
Refusal to allow a search of themselves and/or their property,
Falsification of Company or Client records,
Unauthorized possession of Company, Client or other’s property.
14.4 Disciplinary action will consist of:
First Written Reprimand – Written disciplinary action given to an Officer by his supervisor or supervisor’s designee regarding their violation of a behavioral or performance standard, policy or procedure with guidance or instructions for correcting the issue.
Second Written Reprimand
Third Written Reprimand
Final Reprimand – The “last chance” for the Officer to make immediate and sustained improvement in performance and behavior. The Officer has the right to file a grievance solely to determine whether or not the allegation upon which the disciplinary action was based is sustained and not whether or not the penalty is appropriate.

Dismissal – The result of a serious breach of a rule, standard, practice, policy, procedure or as a result of repeated disciplinary violations. The Officer has the right to file a grievance solely to determine whether or not the allegation upon which the disciplinary action was based is sustained and not whether or not the penalty is appropriate.

Informal coaching which is defined as instantaneous, verbal correction to minor job performance or behavioral issues are not considered disciplinary actions. As such, these coaching sessions should not be documented on a disciplinary action form. Informal coaching sessions may occur between each of the disciplinary actions listed above (i.e. First Written Reprimand, Second Written Reprimand, Third Written Reprimand and Final Reprimand).

To decide on the appropriate action the Company may consider: the seriousness of the Officer’s conduct, employment record within the prior year, ability to correct the conduct, actions taken for similar conduct by other Officers, how the conduct affects detainees, the client, the public and other relevant circumstances. At any step in the above process, Officers may (at the discretion of the Company) be placed on a Work Improvement Plan (WIP) as a last attempt to assist the Officer to be successful.

14.5 Any Officer who is under investigation by any law enforcement agency; including those for, or charged with, a felony or misdemeanor will be placed on administrative leave without pay pending the outcome of the investigation. If an Officer enters a plea of guilty or nolo contendere to the criminal charges stemming from the arrest, then the Officer will be terminated with no recourse to either the grievance or arbitration procedures set forth in Article 12 of this Agreement. If the Officer is found not guilty or the charges are dropped, the Officer will be reinstated with no back pay, but with no loss of seniority.
14.6 Disciplinary actions, excluding statutory claims that have been upheld, will remain in an Officer’s personnel file, but cannot be used against the Officer after the expiration of 12 months from the date of the last violation.

ARTICLE 13 UNIFORMS

13.1 Seasonal uniforms and equipment shall be supplied where required by the Company, and replaced as necessary. Uniforms or equipment worn or used by the Officers who are on duty shall be prescribed by the Company, and no deviation from the Company’s requirements shall be practiced except when allowed by the Company.
13.2 Each Officer shall be supplied with the following uniform items:
3 – pairs of uniform shirts and pants
1 – baseball style cap
1 – winter coat (issued to Outdoor Recreation, Perimeter and GTI Officers)
1 – winter knit cap (issued to Outdoor Recreation, Perimeter and GTI Officers)
1 – pair of gloves (issued to Outdoor Recreation, Perimeter and GTI Officers)
1 – mini flashlight and holder
1 – key chain and holder
1 – name tag and badge
1 – CPR Mask
1 – trouser belt
4 – belt keepers

13.3 The Company will provide an annual boot allowance in the amount of one hundred dollars ($100.00) to be used for purchasing footwear meeting the Company’s specifications. Transportation Officers are no longer provided boots as part of their uniform compliment and are eligible for this allowance.
All Officers will be eligible for the annual boot allowance on the first paycheck after April 1, throughout the term of this collective bargaining agreement.

If April 1 falls prior to the newly hired Officer completing their 90-day probationary period, the boot allowance will be awarded after the completion of the 90-day probationary period, and, thereafter, annually on the first paycheck following April 1. Officers are only entitled to one boot allowance per calendar year.

13.4 Uniforms, equipment, and other Company issued items remain the property of the Company and must be returned upon separation if requested by the Company.

ARTICLE 12 GRIEVANCE PROCEDURE AND ARBITRATION

12.1 The parties agree that all problems should be resolved, whenever possible, before the filing of a grievance but within the time limits for filing grievances stated elsewhere in this Article, and encourage open communications between the Company and Officers so that resorting to the formal grievance procedure will not normally be necessary. The parties further encourage the informal resolution of grievances whenever possible. A grievance is defined as an alleged violation of a specific term or provision of this Agreement. At each step in the grievance process, participants are encouraged to pursue appropriate modes of conflict resolution. The purpose of this Article is to promote a prompt and efficient procedure for the investigation and resolution of grievances.
12.2 It is the intent of the parties to first provide a reasonable opportunity for resolution of a dispute through the grievance procedure and arbitration process.
12.3 An Officer who believes that any provision of this Agreement has not been properly applied or interpreted may present his grievance to be settled by the following procedures. During each step of the grievance procedure the Company has the right to perform a reasonable investigation into the complaint. The investigation may include but is not limited to: conducting interviews, having Officers prepare written statements, and reviewing records.
In order to advise a grievant, representatives of the local Union may request copies of the information used by the Company to reach its conclusions for any response to a grievance that was filed by bargaining unit members through the Local. Disclosure of any confidential information relative to individual Officers will require written authorization from the subject Officer(s). Officers will hold the Company harmless for any information it provides to the Union with the Officer’s appropriate authorization. Information that is not relevant to the grievance in question is considered privileged or confidential by the Company or the Officer in question or that is protected by state or federal law will not be made available.
Informal Resolution: The aggrieved Officer shall first discuss his grievance with the Shift Steward, and if the Shift Steward considers the grievance to be valid, then the Officer and the Shift Steward will contact the Officer’s supervisor within five (5) workdays of the incident (unless mutually extended in writing) and will attempt to effect a settlement of the complaint. If a resolution is achieved at this informal level, the matter does not need to be reduced to writing and will be considered closed. If the Officer contacts his supervisor to modify the grievance, the Shift Steward will be given the opportunity to be present and such modification will be in conformity with this Agreement. A supervisor will respond to these informal grievances within five (5) workdays (unless mutually extended in writing).
Step 1: An Officer who believes he has an unresolved grievance shall discuss the grievance with his Shift Steward who shall reduce the grievance to writing, sign it and obtain the signature of the grieving Officer (if the Officer is willing to sign it), and along with the affected Officer will present the written grievance to the Assistant Warden of Security (or designee) within five (5) workdays after the occurrence of the facts giving rise to the grievance.

The Assistant Warden of Security (or designee) will have five (5) workdays from the date the grievance to respond to either an original or amended grievance. The Assistant Warden of Security (or designee), at his discretion, may schedule a meeting to discuss the issue with the Shift Steward and attempt to reach resolution of the grievance. The Assistant Warden of Security (or designee) will respond to the grievance in writing. If resolution is reached at this level the grievance will be considered settled based on the answer provided by the Assistant Warden of Security (or designee).
An official grievance will provide (at a minimum) the following information:
The specific terms of the Agreement alleged to have been violated;

The proposed remedy being sought by the grievant;

The name of the grievant;

Date of submission.

Step 2: If the grievance is not resolved in Step 1, the local Union President (or designee) will request a meeting to discuss the grievance with the Facility Administrator (or designee) within five (5) workdays of the denial by the Assistant Warden of Security (or designee). The Facility Administrator (or his designee) shall respond in writing within ten (10) workdays of the presentation of the grievance stating his final answer.
Step-3: If the grievance is not resolved in Step 2, the local Union President (or designee) within ten (l0) workdays (excluding Saturdays, Sundays and Holidays) of the denial by the Facility Administrator, will submit the grievance, in writing to the Company’s Western Region Vice President (or designee). The local Union President will make a copy of the unresolved grievance and also send it to the
Union’s Regional Representative. The Company’s Western Region Vice President (or designee) and the Regional UGSOA Representative will, within 20 workdays of receipt of the unresolved grievance, arrange to review the grievance together in an attempt to resolve the matter. This review may be by telephone or teleconference, electronic mail, or by arranged personal meeting. Grievances related to suspension (or unpaid administrative leave) or termination will be submitted directly to Step-3 of the grievance process.
Grievances processed in accordance with the requirements of Section 12.3 that remain unresolved may be processed to arbitration by the Union, giving the Company’s Director of Employee and Labor Relations written notice of its desire to proceed to arbitration not later than 45 business days after the Step 3 grievance response.

Officers have the right to have a Union representative present during each step of the grievance process. It is understood between the parties that the local Union President, Vice President (or designee), Shift Steward or alternate may act as the representative in question. Officers may not request a specific union representative to represent them in any actions.
As referenced in this Article, workdays do not include Saturday, Sunday, Holidays.

12.4 Only those grievances which have been processed in strict accordance with the requirements of the above paragraphs and which remain unsettled shall be processed to arbitration in accordance with the procedures and limitations described herein.
12.5 The Union shall have the power to determine whether or not a grievance filed by a member of the Unit should be submitted at each step of the grievance process or if unresolved grievances should be submitted for arbitration. The time limits set forth in each step of the grievance procedure may be extended by mutual agreement in writing and such extended time limits shall then be considered as applicable to the grievance involved for the purpose of this section. In the event the Union requests an extension of time to review any Step of the grievance process, the Company shall grant said extension, not to exceed the amount of the original timeline for that specific Step (i.e. Step 1 is 5 workdays).
12.6 The arbitrator shall be selected from a panel of seven (7) proposed arbitrators, submitted by the Federal Mediation and Conciliation Service (FMCS). The party requesting arbitration shall be responsible for contacting the FMCS to obtain the list. If the two parties cannot agree on an arbitrator during the review of the original list, a second list of prospective arbitrators may be requested from the FMCS. If the parties still cannot agree on an arbitrator then the strike method will be used on the second list. The party requesting arbitration will strike the list first.

12.7 The arbitrator shall be governed at all times wholly by the terms of this Agreement. The arbitrator shall neither add to, subtract from, modify nor alter the terms or provisions of this Agreement. Arbitration shall be confined solely to the application and/or interpretation of this Agreement and the precise issue(s) submitted for arbitration.

12.8 No claim for back wages under this Agreement shall exceed the amount of earnings the Officer would have otherwise earned by working for the Company, less any and all compensation the Officer received from any other source, including unemployment compensation. Under no circumstances will interest charges be included in any award for back pay.
12.9 All fees and expenses of arbitration shall be borne equally by the parties. Each party shall bear the cost of preparing and presenting its own case. The party desiring such transcript shall be responsible for scheduling a reporter to record the proceedings. The requesting party is responsible for the cost of the reporter and the transcript of the proceedings. If the opposite party timely requests a copy of the transcript at the hearing, the reporter and transcript costs will be equally split between the parties.
12.10 The decision or award of the arbitrator shall be final and binding upon the Company, the Union and the grievant, provided any party may appeal to an appropriate court of law a decision that was rendered by the arbitrator acting outside of or beyond the arbitrator’s jurisdiction, pursuant to applicable law.
12.11 It is the specific intention of the parties that the grievance and arbitration procedures set forth herein are the exclusive and sole mechanism for the resolution of any grievances, disputes, disagreements or claims made under or related to this Agreement.
12.12 Nothing contained herein shall prohibit the Company’s ability to file and process its own grievance under the procedure outlined above.
12.13 In the event the parties settle any grievance prior to a final and binding determination by an arbitrator, such settlement shall be on a non-precedent setting basis unless the parties affirmatively state otherwise in writing signed by both parties. Evidence of any such non precedent setting settlements shall not be admissible in any proceedings under this Article, including but not limited to, arbitration hearings.
12.14 The Company will provide copies of all disciplinary notices to the affected Officer and Union.

ARTICLE 11 SENIORITY

11.1 For the first three (3) months worked following successful completion of facility preservice training and orientation, an Officer shall be regarded as probationary and shall have no seniority. Probationary Officers may be disciplined or discharged without recourse to the grievance procedure. Officers discharged during their probation do not have any rights under this Agreement. However, Probationary Officers shall be represented by the Union concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to promotions, transfers, layoffs or discharge. The Company may extend the probationary period in increments of 30-day blocks for up to a total of 90 additional days. The Union will be notified of the need to extend an Officer’s probationary period.
11.2 Officers who have lost seniority as set forth in Section 11.7 of this Article, and Officers who terminate or leave the bargaining unit prior to completion of the probationary period shall be required, upon rehire or reentry into the bargaining unit, to serve the probationary period again.
11.3 After completion of the probationary period an Officer’s seniority under this Agreement shall revert to the Officer’s date of hire as a Detention Officer at the Northwest Detention Facility. Seniority of Officers who start work on the same date shall be determined by the Officer’s last name on date of hire. The last name that comes first alphabetically will be the most senior. Seniority is defined as the length of continuous service as an Officer at the Northwest Detention Facility. For those Officers who were employed by Corrections Services Corporation (CSC) and had uninterrupted service upon the transition to the Northwest Detention Facility, their continuous length of service with CSC shall be included in the determination of seniority.
11.4 The purpose of seniority is to establish Officers’ rights and privileges based on the length of service in the bargaining unit. Seniority under this Agreement will have no influence on promotions or advancement within the Company. The benefits of seniority are limited to those specifically mentioned in this Agreement.
11.5 Seniority will be accrued from the Officer’s date of hire regardless of part-time or full time status.
11.6 The Company agrees to prepare an updated site seniority list of Officers covered by this Agreement a copy of which will be furnished to the Union upon request.
11.7 Officers will lose their seniority, and shall be discharged for any of the following:
Is laid off for more than 12-months;

Absent due to illness or injury for more than six (6) months, or length of employment, whichever is less. Absences taken pursuant to the applicable federal and/or state laws are exempt under this provision;

Discharged for Just Cause;

Gives a false reason for a leave of absence and/or engages in other employment during such leave;

Fails to meet qualification/re-qualification requirements in accordance with the Company, the Client and/or other Governmental Agency’s regulations having jurisdiction;

Fails to obtain and/or maintain a security clearance;

Fails to return from layoff upon recall as provided below;

If the Officer voluntarily resigns or retires; or

If the Officer is convicted of a felony, thereby being unable to be licensed.

11.8 Layoff and recalls from layoff will be made on the basis of seniority. Officers acting as President or Vice President of the Local shall not be laid off provided that work, which they are qualified for and willing to perform is available in their present Classification. Stewards will be laid off and recalled from layoff on the same basis as provided for other Officers except that in the event a unit or shift is deactivated and is later reactivated, the Stewards shall be the first Officers to be recalled to that unit or shift, provided work which they are qualified and willing to perform is available. Positions requiring “special training and/or skills” will be exempt from the seniority process.
11.9 Laid-off Officers shall have callback rights for a period of twelve (12) months or length of employment whichever is less, and shall retain their accumulated seniority as of the date of layoff.
11.10 In case of re-employment, Officers who have been laid off shall be notified to return to work, at their last known address, in reverse order of lay-off. The notice will be by certified mail return receipt. In the event a former Officer so notified fails to report for work within five (5) calendar days after receipt of such notice, his seniority shall be terminated.
11.11 It will be the responsibility of the laid-off Officer to keep the Company notified of any change of address, and current phone number.
11.12 An Officer who is activated or drafted or who volunteers for military service in the armed forces of the United States, shall accumulate full seniority during the term of such service, provided such veterans are honorably discharged from active duty and apply for reemployment as an Officer within 90 days after such discharge from military service, provided the Officer still meets all eligibility requirements. The above is limited to a six (6) year period; however, in time of war there will be no limit.
11.13 An Officer who is or has been transferred from the bargaining unit shall cease to accumulate seniority. If the Officer returns to the bargaining unit within six (6) months he shall retain the seniority he had at the time he transferred out of the bargaining unit.
11.14 When making selections to fill vacant “specialized posts”, i.e. Lead Classification Officer, Kitchen Officer, Armory Locksmith Officer, Court Security Officer and Transportation
Officer, when all other factors are equal, seniority will be used to determine the selection.

ARTICLE 10 DUES CHECK OFF

10.1 Subject to the limitations of any state or federal law, the Company agrees to deduct from the first paycheck earned each calendar month by a member of the Union covered by this Agreement, the Union membership dues and initiation fees uniformly levied by the Union in accordance with said Union’s constitution and by-laws, of each member of the Union who has in effect at that time a proper authorization card executed by the Officer, authorizing the Company to make such deductions. A minimum of fifteen (15) workdays prior to the first deduction, the Union will advise the Company of the exact dollar amount due from each Officer.

10.2 All sums collected in accordance with such signed authorization cards shall be remitted by the Company to the UGSOA International Office no later than the fifteenth (15th) of the month subsequent to the month in which such sums were deducted by the Company.

10.3 The check-off authorization card to be executed and furnished to the Company by the Union and the Officers shall be the official Union authorization for check-off of dues, a copy of which shall be attached and made part of this Agreement as Appendix A. The Company shall accept no other form, unless the substitute is mutually agreed upon by the parties.

10.4 The Union accepts full responsibility for the authenticity of each check-off card submitted by it to the Company, and any authorizations, which are incomplete or in error shall be disregarded by the Company, and shall be returned to the Union for correction. The Union agrees that upon receipt of proper proof, it will refund to the Officer any deduction erroneously or illegally withheld from an Officer’s earnings by the Company, which has been transmitted to the Union by the Company.

10.5 No deduction of Union dues will be made from the wages of any Officer who has executed a check-off form and has been transferred to a job not covered by this Agreement or who is not in a pay status.

10.6 Anytime there is a change in the deduction authorization the Company will have a minimum of fifteen (15) workdays to put the change into effect.

10.7 An Officer who has executed a check-off form and who resigns or is otherwise discharged from the employ of the Company shall be deemed to have automatically revoked his assignment, and if the Officer is recalled or re-employed, further deduction of Union dues will be made only upon execution and receipt of a new check-off form.

10.8 Collection of back dues owed at the time of starting deductions of any Officer, and collection of dues missed because the Officer’s earnings were not sufficient to cover payment for a particular pay period, will be the responsibility of the Union, and will not be the subject of payroll deductions.
10.9 Deduction of membership dues shall be made, provided there is a balance in the paycheck sufficient to cover the amount after all other deductions authorized by the Officer or required by law have been satisfied. In the event of termination of employment, the obligation of the Company to collect dues shall not extend beyond the pay period in which the Officer’s last day of work occurs.
10.10 The Union agrees to indemnify the Company and hold it harmless against any and all claims, suits or other forms of liability which may be made against it by any party for amounts deducted from wages as herein provided.
10.11 Solicitation of Union membership or collection or checking of dues will not be conducted during working time. The Company agrees not to discriminate in any way against any Officer for Union activity, but such activity shall not be carried out during working hours except as specifically allowed by the provisions of this Agreement.