HomeMy WebLinkAbout20240829PAC to Staff 175 Attachment A-1.pdf LABOR AGREEMENT
BETWEEN
ROCKY MOUNTAIN POWER
(LARAMIE)
AND
LOCAL UNION 57 OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
AFFILIATED WITH AFL-CIO
June 26, 2020 to June 25, 2023
p N 0 .
?B �
ROCKY MOUNTAIN
POWER
A DIVISION OF PACIFICORP
I
TABLE OF CONTENTS
Page
Article 1.0 Purpose and Scope of Agreement 1
Article 2.0 Term of Agreement Separability of Provisions 2
Article 3.0 Union Security 2
Article 4.0 Strikes and Lockouts 3
Article 5.0 Union and Company Representatives 3
Article 6.0 Grievance Procedure 4
Article 7.0 Arbitration 5
Article 8.0 Holidays 6
Article 9.0 Personal Time 7
Article 10.0 Short-Term Non-Occupational Disability Plan 9
Article 11.0 Short-Term Occupational Disability Plan 13
Article 12.0 Apprentices 14
Article 13.0 Seniority 14
Article 14.0 Changes in the Workforce 15
Article 15.0 Safety Rules 18
Article 16.0 Job Descriptions 19
Article 17.0 Working Rules 21
Article 18.0 Hours of Work 23
Article 19.0 Wages 25
Article 20.0 Retirement, Insurance & Leave of Absence Plans 28
Article 21.0 Notional Health Reimbursement Account (HRA) 31
Article 22.0 Definitions 32
Article 23.0 Wage Schedule and Job Classifications 39
i
Dated June 26, 2014
Between
Rocky Mountain Power Company
and
International Brotherhood of Electrical Workers Local Union No. 57
THIS AMENDED AGREEMENT, dated June 26, 2020, by and between Rocky Mountain Power
Company, hereinafter called the "Company", and INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS LOCAL UNION NO. 57, hereinafter called the "Union",
WITNESSETH:
WHEREAS, the Company and the Union, the Union as the recognized and certified bargaining
agency for certain of the Company's Employees in the "Laramie District" of the Company (said
Employees being those specifically referred to in this Agreement), have been mutually bound by
and subject to a Working Agreement dated June 26, 2004.
WHEREAS,the Union has indicated its desire further to amend the said Working Agreement, and
WHEREAS, the Company also desires to amend said Agreement:
NOW, THEREFORE, the Company and the Union have mutually agreed that the said Working
Agreement shall be amended to read henceforth as follows:
1.0 PURPOSE AND SCOPE OF AGREEMENT
1.1 The Company, the Union and its members recognize that the Company is engaged in a public
service requiring continuous operations, and that the welfare of the public is dependent on such
operation.
The Union, its officers and members who are Employees of the Company agree that they will
individually and collectively continue to promote the welfare of the Company in the performance
of its public utility responsibility by efficient work and loyal cooperative support.
1.2 The purpose of this Agreement is, in the mutual interest of the Company and its Employees,
to provide for harmonious, collective bargaining and for the operation of the Company's Laramie
District under methods which will further, to the fullest extent possible, the safety, welfare and
health of Employees, economy of operation, quality of service to the Company's customers and
protection of the Company's property. By this Agreement, the parties hereto recognize that it is
the duty of the Company and the Employees to cooperate fully, individually and collectively, for
the advancement of these purposes.
1.3 The Agreement applies to and covers full-time Employees regularly employed in the
Company's Laramie District in the job classification listed in Article 22 hereof, BUT
EXCLUDING (a) guards: (b)professional and supervisory Employees as defined by the National
Labor-Management Relations Act as amended: (c) confidential Employees: (d) salesmen, and (e)
office and clerical Employees.
1
1.4 Newly created classifications may hereafter be included hereunder by mutual written consent.
2.0 TERM OF AGREEMENT SEPARABILITY OF PROVISIONS
2.1 This Agreement shall remain in full force and effect from June 26, 2020, up to and including
June 25, 2023, and thereafter until terminated. Either party may terminate this Agreement on or
at any time after June 25, 2023,by giving at least sixty(60) days prior written notice to the other,
together with the reason or reasons therefor. However, if at such time this Agreement would
otherwise terminate because of such notice the parties are negotiating for a new agreement, the
terms and conditions hereof shall continue in effect so long as such negotiations voluntarily
continue.
2.2 This Agreement may be opened for proposed modification or amendment at any time after
June 25, 2023, by either party, giving at least sixty (60) but not more than ninety (90) days' prior
written notice to the other party. Within ten (10) days after the receipt of such notice, the parties
shall agree on a day to exchange proposals which will be mailed via certified mail. The notice
shall specify the particular Articles affected and the modifications or amendments desired. A
discussion of such proposals shall begin no later than twenty (20) days following receipt by
certified mail unless the time is extended by mutual consent. If no agreement or settlement is
reached,this Agreement shall remain in full force and effect until terminated as provided in Section
2.1.
2.3 If any part of this Agreement is, or is hereafter found to be, in contravention of the laws or
regulations of the United States of any state having jurisdiction, such part shall be superseded by
the appropriate provisions of such law or regulation so long as the same is in effect, but all other
provisions of this Agreement shall continue in full force and effect. Upon any such determination
being made,the Company and the Union will promptly negotiate and endeavor to reach agreement
upon a suitable substitute therefor.
3.0 UNION SECURITY
3.1 The Company recognizes the Union as the exclusive Bargaining Agent for the Employees
covered by this Agreement. Nothing in this Agreement shall be construed as abridging the rights
of the Company, the Union, or individual Employees under the provisions of any applicable law,
or as requiring the performance by any of the foregoing of any act in violation of any such law.
3.2.1 It is the policy of the Company and the Union not to discriminate against any Employee
because of race, religion, color, sex, age, or national origin.
3.2.2 Use of the male or female gender in this Agreement shall include the opposite gender.
3.3.1 The Company will, during the term of this Agreement, deduct and remit, monthly, to the
Secretary of the Union the normal and usual dues uniformly required of its members by the Union,
of those Union members as shall voluntarily authorize the Company to do so. Such written
authorization must be in lawful,mutually acceptable form, and shall be forwarded to the Company
through the Financial Secretary of the Union.
2
3.3.2 The Financial Secretary of the Union will keep the Company currently advised of the
monthly dues to be deducted from the wages of each Employee who, pursuant to Section 3.3.1,
shall have filed the required dues deduction authorization with the Union and the Company.
3.3.3 An Employee may revoke his dues deduction authorization by written notice directed to the
Company and the Union by registered mail. Such revocation will be effective upon receipt of such
notice.
3.4 The Company acknowledges receipt of copies of the Union's bylaws and of the constitution of
the International Brotherhood of Electrical Workers.
3.5 The Company, in contracting work, will use its best efforts to preserve the good will and
harmonious relations existing between the Union and the Company.
3.6 Effective June 26,2000,this Agreement shall be binding upon the successors of the Employer,
and no provisions, terms or obligations contained herein shall be affected, modified, altered or
changed in any respect whatsoever by the sale, conveyance,transfer, assignment, consolidation or
merger of the Employer's operations covered by this Agreement or affected, modified, altered or
changed in any respect whatsoever by any change of any kind in the legal status, ownership or
management of the Employer's operations covered by this Agreement, or by change geographical
or otherwise, in the location or place of business of the Employer. In consideration of the Union's
execution of this Agreement,the Employer promises that its operations covered by this Agreement
shall not be sold, conveyed, transferred or assigned to, or consolidated or merged with, any
successor without first securing an enforceable agreement of the successor to assume the
Employer's obligations under this Agreement.
4.0 STRIKES AND LOCKOUTS
4.1 The Union will not authorize a strike, work stoppage, or slowdown, and the Company will not
engage in a lockout because of any proposed change in this Agreement or of any dispute over
matters related to or covered by this Agreement. The Union will take every reasonable means
within its power to induce Employees engaged in a strike,work stoppage,or slowdown in violation
of this Agreement to return to work; but the Union, its officers, representatives or affiliates shall
not be held responsible for any strike, work stoppage, or slowdown which the Union, its officers,
representatives or affiliates shall have expressly forbidden in violation hereof.
4.2 All disputes or controversies arising under this Agreement shall be determined and settled
solely and exclusively by the grievance and arbitration procedures provided for herein.
5.0 UNION AND COMPANY REPRESENTATIVES
5.1 The Union shall designate a Grievance Committee of not more than three (3) members who
shall be Employees of the Company, and shall also designate one(1) steward for each department.
The Union will file names of these representatives and will give prompt written notice to the
Company of any changes in said representation.
5.2 The Company will at all times keep the Union informed in writing of the names of the
Company's Superintendents or other representatives in each work location with whom grievances
shall be processed in the Grievance Procedure described in Section 6.1.
3
5.3 The names of the respective Union and Company representative designated to handle matters
arising under this Agreement in each work group shall be posted on the Company's bulletin boards.
5.4 A Union Steward shall,upon request to his Superintendent,be given reasonable time off with
pay at his regular rate to process any grievance pertaining to the work group in which he is then
acting as the Union's representative.
5.5 Union officers, upon request to the Company, shall be given reasonably sufficient time off,
without pay, to transact Union business.
5.6 An Employee appointed or elected to represent the Union during Contract negotiations with
the Company shall be given reasonable time off without pay to transact negotiations.
5.7 An Employee appointed or elected to represent the Union at any meeting with the Company
called by or agreed to by the Company to discuss any matter covered by this Agreement, except
as provided in Section 5.6, upon request to the Company, shall be allowed time off to attend such
meeting with pay at his regular rate for the hours required for attendance at such meeting which
otherwise would have been worked by him. The number of Union Representatives so entitled to
leave with pay shall be subject to mutual agreement between the Company and the Union.
5.8 The Company will make available on its bulletin boards space for the posting of Union
bulletins and notices. Such notices shall be signed by the Union representatives designated as
provided in Section 5.1 hereof.
6.0 GRIEVANCE PROCEDURE
6.1 The Company and the Union will deal with each other,through their respective representatives,
with respect to any dispute involving the interpretation, application, or alleged violation of any
provisions of this Agreement or any alleged action of the Company or its Supervisors which
unjustly or unlawfully affects the Employee's job or any benefits arising out of his job. All such
matters shall be adjusted in accord with the Grievance Procedure hereafter defined,unless the time
limits as established, shall be extended by mutual agreement of the parties.
6.2 Step One. In the event a grievance arises between an Employee, or Employees, and the
Company, such grievance shall be discussed between the Employee(s) involved, the Union
Steward and the employee's immediate Supervisor within five (5) working days of the date of its
occurrence. At such meeting every attempt shall be made to satisfactorily settle the grievance.
If the grievance is not settled at this Step One, the Steward shall within five (5) working days
reduce the grievance to writing on Form 2435 setting forth in detail the grievance, the
circumstances from which it arose, the contract clauses alleged to have been violated, and the
remedy sought and present such written grievance to the employee's immediate Supervisor, with
a copy to the Union. The Supervisor shall within five (5) working days complete a report of the
grievance discussion.
4
6.3 Step Two. The Supervisor shall, within ten (10) working days, review the grievance file,
investigate as necessary, and prepare his proposed second step grievance settlement (Form 2437)
and forward it to the Union. The Union shall within twenty(20)working days after receipt of the
proposed settlement, review the grievance file, investigate as necessary, and prepare a response.
If the Union rejects the proposed settlement, the Union President or his designated representative
shall complete and sign Form 2437 stating in detail the reasons that the proposed settlement is not
acceptable and the Working Agreement clauses relied upon to support the Union's position. He
shall forward the copies as shown on Form 2437.
6.4 Step Three. The Company's Director of Labor Relations or his designated representative shall
within twenty(20) working days after receipt of the Union's rejection of the proposed settlement,
meet in Wyoming with a representative of the Union grievance committee. The pay and expenses
of any other persons involved in this grievance hearing shall be borne by the party who requests
their presence. The Company's representative shall prepare in writing an answer within fourteen
(14)working days after the meeting of the Company and Union. If the grievance is not submitted
to arbitration in the forty-five(45)day period following delivery of the third step settlement by the
Company to the Union, the grievance will be canceled without prejudice.
6.5 Termination of an Employee during his probationary period shall not be grievable under the
provisions of this Agreement.
6.6 Any Employee alleging that he has been unjustly discharged, suspended, or demoted shall file
a written grievance with the Company and the Union within ten (10) working days after such
discharge, suspension or demotion. The Company and the Union recognize that such a grievance
shall be heard within five (5) calendar days of the date of filing as provided in Section 6.3 hereof,
unless such time is extended by mutual agreement. If an Employee is found to have been unjustly
discharged, suspended, or demoted, such Employee will be returned to work with full seniority
and all rights and privileges restored and compensation for all lost time. An Employee shall be
deemed to have waived his right to settlement of such an alleged grievance if he fails to file a
written grievance within the ten(10) day time limit stipulated herein.
7.0 ARBITRATION
7.1 Any dispute or controversy arising out of or relating to this Agreement, or any grievance as
herein defined, not settled in direct negotiation provided for in the preceding Article 6.0 may be
submitted to arbitration (upon the initiative of either party to this Agreement upon notice to the
other party) in the manner and form hereinafter provided.
7.2 The notice of intention to arbitrate shall contain a statement setting forth the nature of the
dispute, the section or sections of this Agreement claimed to have been violated, and the remedy
sought.
7.3 The Company and the Union shall thereupon jointly request the Federal Mediation and
Conciliation Service to submit to each party a copy of a list of names, alphabetically arranged, of
seven(7)persons each fit to act as a neutral arbitrator.
5
7.4 The Company and the Union shall then strike from their respective lists the name or names of
the nominees not desired as an arbitrator.
7.5. The first name to appear upon such list which is acceptable to both the Company and Union
shall be designated and act as Arbitrator. If such person refuses or is unable to so act, then the
next mutually acceptable name upon such list shall act as Arbitrator.
7.6 The time and place of the hearing shall be determined by the Arbitrator, who shall give at least
seven (7) days' notice in writing of such time and place to the parties. The rules and mode of
procedure to govern at said hearing shall correspond in all other respects as nearly as may be
possible to the rules of procedure for hearings provided for in the latest Voluntary Labor
Arbitration Rules promulgated by the American Arbitration Association.
7.7 The arbitration shall be confined to the issues raised by the notice of intention to arbitrate, and
after the Arbitrator is designated, no new or different claim may be submitted to him except with
consent of the Arbitrator and of both parties.
7.8 The expenses of witnesses shall be paid by the party producing such witnesses. The
Arbitrator's fee and expenses and the total cost of the stenographic record, and one transcript each
for the Arbitrator and the parties shall be prorated equally among the parties. Any and all other
expenses of the arbitration shall be borne equally by the parties unless and to the extent that they
may agree otherwise with respect to a particular proceeding.
7.9 The Arbitrator shall not annul, alter, or disregard any provision of this Agreement, nor render
any decision except in respect to the matter specifically committed to him.
7.10 The decision of the Arbitrator shall be in writing and shall be rendered within thirty (30)
calendar days of the close of the arbitration hearing.
7.11 The Company and the Union agree to take all the steps necessary to facilitate the arbitration,
and to abide by and perform the award made in such arbitration.
8.0 HOLIDAYS
8.1 The following days shall be recognized as holidays: New Year's Day, Memorial Day,
Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,Friday after Thanksgiving Day,
Christmas Day, and for each regular full time Employee, after having completed his probationary
period, 2 floating holidays to be scheduled per Section 9.3. The Company will have the right to
schedule not more than thirty percent(30%) of the Employees to observe the Friday before Labor
Day as a holiday in lieu of the Friday after Thanksgiving and to work that Friday after
Thanksgiving as a scheduled work day.
8.2 When a holiday falls on Sunday, it shall be observed on the following Monday except as
provided in Section 8.1. When a holiday falls on Saturday, it will normally be observed on the
preceding Friday; however, the supervisor, upon at least one (1) weeks' notice, may, by mutual
agreement with the men affected,assign the number of Employees necessary to maintain minimum
service to the Company's customers to work on Friday and observe the holiday on the following
Monday. When an Employee's basic workweek is other than Monday through Friday, and a
6
holiday falls on a regularly scheduled day off,then the first work day of the Employees workweek
closest to the holiday shall be observed as his regular scheduled day off.
8.2.1 No adjustment other than permitted by Sections 8.1 and 8.2, of the day on which a holiday
is observed by an Employee shall be permitted.
8.3 Each regular,full-time Employee shall receive in any week in which he is scheduled to observe
a holiday, a holiday allowance of eight(8)hours'pay at his regular straight-time rate as defined in
Section 21.7,provided he reports for work or is on paid disability leave on his regularly scheduled
workdays immediately preceding and following the holiday, or reports for work on one of such
days and is on paid disability or Personal Time on such holiday. Temporary Employees will not
receive holiday pay for a holiday observed during the first thirty (30) days of such temporary
employment.
8.3.1 Each regular,part-time employee shall receive holiday pay for all regular hours missed when
an observed holiday falls on their scheduled work day.
8.4 Time worked on any holiday shall be accounted and paid for as time worked on any other day;
provided, however, that work performed on an observed holiday shall be paid for at the overtime
rate of pay.
9.0 PERSONAL TIME
9.1 Personal Time. Personal time replaced the traditional time based benefits provided Employees
previously. It is a bank of days to be used by an Employee when away from work for reasons of
vacation,personal illness, accident, family sickness or personal business.
9.2 Eligibility. Each full-time and part-time Employee in the classification covered by this
Agreement who shall have completed at least one (1) full payroll period of continuous service,
will accrue personal time on a payroll period basis to be credited to his personal bank each payroll
period, commencing with the first payroll period of 2002.
Regular part-time employees shall receive a pro-rate personal time allowance based on Section
9.2.1 for full time employees, and pro-rated per the chart below. Regular part-time employees will
begin accruing personal time hours beginning September 26, 2001.
Hours of Work per Week Accrual Rate
Under 20 0%
20-29 75%
30-35 88%
Over 35 100%
This pro-rated benefit will be applied to the schedule in Section 9.2.1 based on the number of years
of service as a regular part-time or regular employee. Years of service are defined as calendar
years with part-time work for part-time employees.
7
9.2.1 Personal Time Allowance. The number of hours of personal time awarded an Employee at
the end of each payroll period shall be based on the full payroll period worked. Personal time
allowance can be determined by using the following chart:
Personal Time Award Chart
Length of Service Hours Per Year Hours Per Pay Period
1 st month through 4 years 144 6
(1 st through 481h months)
5th year through 1 Ith year 192 8
(49th through 132nd months)
12th year through 20th year 240 10
(133rd through 240th months)
21 st year and beyond 288 12
(241 st month and beyond)
9.3 Pre Scheduled Personal Time -personal leave time which may be granted to begin at any time
during the payroll year, due consideration being given to (a) minimum interference with the
Company's business and(b) seniority. Employees shall make their personal time leave requests at
least fourteen (14) calendar days prior to the beginning date of the requested leave.
9.3.1 Seniority rights in the preferential scheduling of personal time leave must be exercised prior
to April 1. Each employee may select only one (1)preferred personal time period which must be
continuous. If he elects to split his personal time accrual, the remainder may not be scheduled
until all Employees with less seniority have been afforded a chance to schedule a preferred
personal leave period.
9.4 Unscheduled Personal Time -personal leave time not scheduled as provided in Section 9.3 or
9.3.1, whereby an Employee may be allowed to use personal leave time (not to include personal
illness or injury,or family sickness),provided his request does not create scheduling problems and
no additional expense is caused the Company by such scheduling, subject to the notice provisions
of Section 10.8.
9.4.1 Unscheduled Personal Leave Time which is used for (a) personal illness or injury, or (b)
family illness or injury, may at the Company's reasonable discretion, require a physician's
verification of disability.
9.5 Rate of pay. Personal Time Leave pay shall be at the Employee's regular straight-time rate as
defined in Section 21.7.
9.6 Disability. In the event that disability as defined in Articles 10 and 11 of the Agreement occurs
prior to and interferes with the scheduled personal time leave, the personal time may be
rescheduled.
9.7 Holidays. If a holiday is observed under this Agreement during an Employee's paid personal
time, he shall receive holiday pay only for that day.
8
9.8 Personal Time Carre - All remaining personal time in an Employee's individual bank
may be carried over with maximum limits to the amount of 320 hours that can be accumulated.
9.9 On December 25th of each year, beginning on December 25, 2006, any personal time hours
above the 320 hour limit will be deferred into the employees' supplemental disability leave bank.
Supplemental hours will be used to supplement disability leaves per Articles 10 and 11.
9.10 Personal Time Pay pon Termination - All personal time remaining in an Employee's
personal time bank and any personal time accrued will be paid at 100% of the employees' regular
rate when he retires, is terminated by the Company, is laid off, or resigns.
9.11 Personal time will not continue to accrue to an Employee's personal bank when employment
ceases under any of the provisions of Section 9.10, except as may be required under Section 6.6.
9.12 Time spent in the military service shall be considered time worked for the purpose of
determining that rate of personal time accrued under the preceding sections of this Agreement,
provided the Employee had left the employ of the Company to enter military service and returned
to his employ within such time as may be prescribed by law. Each Employee, upon leaving his
job to enter military service, may receive pay for all personal time credited in his personal time
bank as provided in Section 9.2.1. Upon resuming work for the Company, as provided above,the
Employee will receive, in the year of his reemployment,personal time credits to his personal bank
equivalent to what he would have received had he been continuously employed throughout the
preceding payroll year, less any payments previously made to him on account of accrued personal
time credited for the same prior year.
9.13 Time spent on personal leave of absence in excess of two (2) continuous weeks for reasons
other than disability(as defined in Articles 10 and 11),military service, and jury duty, shall not be
considered time worked for purposes of per pay period personal time accrual.
9.14 Time spent on Short-Term disability Leave shall be considered time worked for purposes of
per pay period personal time accrual.
9.15 Personal time credits shall not accrue while an Employee is receiving or is eligible to receive
insurance benefits under the Company's Long-Term Disability Income Insurance Plan.
10.0 SHORT-TERM NON-OCCUPATIONAL DISABILITY PLAN
10.1 The Company agrees to provide the following Disability Benefit Plan in order that eligible
Employees may be insured against loss of pay when unable to work because of illness or injury.
The Union pledges its cooperation with the Company in preventing abuse of the Plan by its
members and in the enforcement of Section 10.9 hereof. The complete details of this Plan are
summarized in the Summary Plan Descriptions. It is available to employees covered by this
agreement.
10.2 Cost of Plan- The entire cost of the Disability Benefit plan shall be borne by the Company.
9
10.3 Definition of Disability - Any bona fide non-occupational illness or injury which results in
the inability of an Employee to perform the duties of his job shall be considered disability for the
purpose of this Section, subject to the exclusions listed under the following Section 10.4.
10.4 Exclusions - No Employee shall receive benefits under the Plan for any disability which is
caused by:
• Intentional self-inflicted injury;
• Participation in a felony or in a violent disorder or riot; or
• An act of war(declared or undeclared)
10.5 Eli_ig bilitX - Each full-time and regular part-time employee on the first day of the month
following start of full-time employment shall be eligible for benefits under this plan.
10.6 Plan Coverage - An Employee who suffers a disability as provided in Section 10.3 shall,
subject to the provisions of this Article 10.0, receive Short-Term Non-Occupational Disability
Benefits as provided herein.
10.6.1 The initial five(5) days or forty hours of the disability waiting period shall be paid from an
Employee's personal time bank provided there is a remaining balance credited. An Employee who
suffers a disability and has no remaining personal time credit in his personal time or supplemental
time bank will receive no pay for the initial forty(40) hour waiting period.
10.7 Benefits that begin after an Employee has been off work for forty hours, pro-rated for part-
time employees shall continue until the date of certification by a licensed physician that the
Employee is capable of(a) returning to work to his regular job or(b) when the Employee applies
for and receives insurance benefits under the Company's Long-Term Disability Income Insurance
Plan, but in no case to exceed a period of six (6) months from the date disability occurred or the
date the Employee was no longer able to work, whichever is latest.
10.7.1 Five (5) consecutive workdays, shall be defined as forty hours of work,pro-rated for part-
time employees the Employee is off work from the same disability within a ten (10) consecutive
workday or eighty (80) hour period. The Employee's sixth (6) day of disability or hours above
forty(40) would start the short-term disability period.
An Employee who has met the forty (40) hour requirement, as defined in this Section, who has
been receiving short term disability benefits for at least fourteen (14) full calendar days and who
is released to return to work, shall not have to meet another forty (40) hour requirement if he
becomes unable to perform his duties and provides medical certification from a licensed physician
substantiating a recurrence of the same injury or illness within fourteen (14) calendar days of his
return to work. If the accumulated periods of disability exceed a total of six(6)months, the Long
Term Disability Plan will become effective.
Employees who have exhausted their STD benefit and have not qualified for long-term disability
benefits and are unable to return to work will be provided two additional months of unpaid leave
in which to attempt to qualify for long-term disability benefits or return to work. At the end of
these two months, if the employee has not returned to work or qualified for additional benefits,
10
their employment may be terminated. If the employee subsequently qualifies for long-term
disability benefits during the next four months, (a total of six (6) months) they will be viewed as
having qualified for such benefits and their rights will be restored.
Employees who have exhausted their LTD benefit and have not qualified for Social Security
disability benefits and are unable to return to work will be provided two additional months of
unpaid leave in which to attempt to qualify for such benefits or return to work. At the end of these
two months, if the employee has not returned to work or qualified for additional benefits, their
employment may be terminated. If the employee subsequently qualifies for Social Security
disability benefits and additional long-term disability benefits during the next four months, (a total
of six months) they will be viewed as having qualified for such benefits and their rights will be
restored.
10.7.2 The benefit paid to an Employee under Section 10.7 shall be equal to seventy-five percent
(75%) of his regular straight-time rate of pay for the hours of a normal workday.
10.7.3 An Employee who has hours credited to and remaining in his supplemental disability leave
bank (see Section 10.15), will automatically have hours subtracted from the bank which, when
applied to the Short-Term Disability compensation provided under Section 10.7.1, will increase
the disability provision to one hundred percent(100%)of the Employee's regular straight time rate
of pay.
10.7.4 An Employee who has hours credited to an remaining in his Personal Time Bank and who
does not have any hours in a supplemental Disability Leave Bank may apply the required number
of hours from his personal time bank to bring his disability compensation provided under Section
10.7.2 up to one hundred percent (100%) of his regular straight-time rate of pay.
10.8 Notice and Evidence of Disability-An Employee unable to report for work because of illness
or injury shall notify the designated Supervisor of his absence and the reason therefor as promptly
as his available means of communication permits.
In order to receive benefits under Section 10.7, the Employee shall make application to the
Company and provide medical evidence of disability on forms to be provided by the Company.
The expense of such medical evidence shall not be borne by the Company. The Company, at its
option, may require an examination of the Employee absent because of claimed disability either
during the period of such claimed disability or upon the Employee's return for work,by a physician
to be designated and paid for by the Company.
10.9 Emplo. e�ponsibilitX-Misrepresentation by an Employee of the facts with respect to any
disability for which benefits may be claimed by the Employee under this Plan shall disqualify the
Employee for such benefits, and shall be just cause for disciplinary action.
10.10 If any Employee's regular rate of pay changes while they are receiving disability pay, their
disability benefit under this article will be adjusted accordingly.
11
10.11 Additional Disability CoMpensation - In the event that a non-occupational disability is
covered by any state, federal or other disability benefit law, the benefits provided in Section 10.7
shall not be superseded thereby:but in no case shall the sum of such state,federal or other disability
benefits or compensation and the benefits under Short-Term Disability Plan or the Long-Term
Disability Insurance Plan exceed the benefits otherwise payable under Section 10.7.
The Employee will be paid a disability allowance equal to the difference between the percentage
provision provided herein and the amount of state, federal or other compensation.
10.12 Payment of benefits under this Article 10 shall cease if:
1. You no longer meet the definition of an eligible employee; (retire or terminated)
2. You no longer meet the definition of disability;
3. You fail to provide requested information,proof of disability, or relevant medical records;
4. You misrepresent facts or falsify records pertaining to your disability claim;
5. You perform work outside of PacifiCorp;
6. You fail to remain under the care of a licensed physician or to follow recommended courses
of treatment, including participation in requested independent medical exams;
7. You fail to return to work when allowed by your physician;
8. You fail to accept or participate in suitable light-duty work offered by the company and
approved by a qualified physician;
9. You refuse to cooperate with an assigned nurse, vocational counselor, or similar
professional;
10. You engage in activities that impede your return to work.
or when insurance benefits under the Company's Long-Term Disability Income Insurance Plan
begin.
10.13 Holiday-No disability benefits shall be paid for any day for which holiday pay is paid under
this Agreement.
10.14 Personal Time - If an Employee is on paid Personal Time off and suffers a disability, he
shall notify the Company of such disability as promptly as available mean of communication
permits. If the disability continues for five (5) consecutive calendar workdays and the Employee
would have worked those days within his normal work schedule,the Employee will be eligible for
benefits under this Article 10 provided that the verification requirements of Section 10.8 are met.
10.15 Supplemental Disability Leave Bank - An Employee who, under the previous Disability
Benefit Plan, has earned hours credited to and remaining in the Plan on June 25, 1989 shall have
one-half(1/2) or fifty percent(50%) of the total placed in a Supplemental Disability Leave Bank.
10.15.1 An Employee, who following layoff or leave of absence, returns to active employment
with the Company within one (1) year of the start of such layoff or leave, and whose date of
beginning continuous service is retained in accord with the provisions of Section 21.10 hereof,
shall be entitled to restoration of the hours remaining in his Supplemental Disability Leave bank
at the time he left active employment.
12
10.15.2 Upon the retirement or termination of employment of an Employee all current benefit
credits in the Supplemental Disability Leave Bank will be canceled, subject, however to the
provisions of Section 10.15.1.
11.0 SHORT-TERM OCCUPATIONAL DISABILITY PLAN
11.1 The Company agrees to provide the following disability benefit plan, in order that eligible
Employees may be insured against loss of pay when unable to work because of illness or injury.
The Union pledges its cooperation with the Company in preventing abuse of the Plan by its
members and in the enforcement of Section 10.9.
11.2 Cost of Plan- The entire cost of the Disability Benefit Plan shall be borne by the Company.
11.3 Definition of Disability - Any bona fide occupational illness or injury which results in the
inability of an Employee to perform the duties of his job shall be considered disability for the
purpose of this Section.
11.4 Plan Coverage - An Employee who suffers a disability as provided in Section 11.3 shall,
subject to the provisions of this Article 11.0,receive Short-Term Occupational Disability Benefits
as provided herein.
11.5 Occupational Illness or Injury-Benefits shall begin on the next scheduled workday following
the date of injury or illness,which renders an Employee unable to report to work and shall continue
until the date of certification by a licensed physician that the Employee is capable of(a) returning
to work in his regular job or (b) when the Employee applies for and receives insurance benefits
under the Company's Long-Term Disability Income Insurance Plan, but in no case to exceed a
period of six (6) months from the day the disability occurred or the date the Employee was no
longer able to work, whichever is latest.
An Employee on the day of injury will receive compensation at this regular straight-time rate as if
he had worked a regular shift.
11.5.1 The benefit paid an Employee under Section 11.5 shall be equal to seventy-five percent
(75%) of his regular straight-time rate of pay for the hours in a normal workday.
11.5.2 The hours credited to and remaining in an Employee's Supplemental disability leave bank
may be used for increasing an Employee's disability provisions under Section 11.5.1 to one
hundred percent (100%) of his regular straight time rate of pay.
11.5.3 An Employee who has hours credited to and remaining in his Personal Time Bank and no
hours in their Supplemental Disability Leave Bank may apply the required number of hours from
his bank to bring his disability compensation provided under Section 11.5.1 up to one hundred
percent (100%) of his regular straight time rate of pay.
11.6 In the case of any disability incurred by a regular Employee in the service of the Company
which is covered by State Industrial Insurance or Worker's Compensation, the Company will pay
to such disabled Employee an occupational disability allowance equal to the difference seventy-
five(75%)of his regular straight-time wages and the amount of state compensation for such period
13
as he may be receiving for a maximum period of six (6) months from the day disability occurred
or the date the Employee was no longer able to work, whichever is latest.
11.7 Payment of benefits under this Article 11 shall cease per the same provisions contained with
Section 10.12 of this agreement.
12.0 APPRENTICES
12.1 The ratio of Apprentices to Journeyman shall be not more than one (1) Apprentice to three
(3)Journeymen,provided, however,that one(1) Apprentice in each line and service crew may be
allowed by mutual consent of the Company and the Union.
12.2 Not more than one(1)Apprentice shall be assigned to a crew on maintenance or construction
work, except that when one (1) Apprentice is in this fifth (5th) or sixth (6th) period, another
Apprentice in the first (1 st) or second (2nd) period may be assigned to a crew containing at least
four (4) Journeyman Lineman. This ratio shall not be exceeded in the routine operation of any
crew.
12.3 Each Apprentice shall work under the supervision of a Journeyman.
12.4 During the third (3rd) and fourth (4th) six-month periods of his training, a Lineman
Apprentice may be assigned to a service crew with one (1) Journeyman.
12.5 No Apprentice shall be permitted to work on live wires apparatus and/or equipment operated
at voltages in excess of 750 volts until the fourth (4th) six months'period of his training.
12.6 The term "Journeyman" where used in this Agreement shall include Apprentices, subject,
however, to the foregoing provisions of this section.
13.0 SENIORITY
13.1 Seniority Defined. Seniority is defined as the length of continuous service worked by an
Employee for the Company.
13.2 When Acquired. Seniority shall first be acquired by a regular Employee on the day following
the completion of six (6) months' continuous service and shall date back to the first (1 st) day of
such service.
13.3.1 Seniority. Seniority status, when acquired, shall be evidenced by a seniority date for
the Employee, which shall be the date of the beginning of his continuous service.
13.3.2 An Employee's seniority status and date shall not be affected by absence from work on the
account of-
(a) Illness under approved sick leave, or
(b) Injury in line of duty covered by State Industrial Insurance or Workers Compensation laws,
or
14
(c) Time spent on approved leave of absence for service in the armed forces of the United
States, provided the Employee returns to the Company's service following release from
military service within six (6) months of first becoming eligible for release from military
service, or
(d) Service as a regularly empaneled venire man or juror as required by a Court, or
(e) Layoff, provided he is reemployed by the Company within a period of one (1) year
following such layoff, or
(f) A regularly approved leave for reasons other than sickness, occupational injury,jury duty,
or military service, provided such personal leave of absence does not exceed one (1) year
in length, or
(g) A regularly approved leave for full-time employment as an officer or agent of the Union,
provided such leave does not exceed one (1) year in length.
13.4 Loss of Seniority. An Employee shall forfeit all accrued seniority and, if reemployed
subsequently, have only the status of a new Employee, under any of the following conditions:
(a) When he resigns his employment with the Company, or
(b) When he is discharged for just cause, or
(c) When he is laid off for a period exceeding one (1) year, or
(d) When, following layoff, he fails to report for work within three (3) weeks after written
notice from the Company by registered mail to his last known address, or
(e) When absent on a regularly approved leave for reasons other than sickness, occupational
injury,jury duty, or military service as hereinbefore defined, for a period exceeding one
(1) year, or
(f) When he fails to return to work at the expiration of a leave of absence.
13.5 The Company will prepare and post seniority lists when this Agreement is executed and
delivered to the Company. The Union will be furnished copies of these lists,which will be revised
annually. The seniority dates shown on the lists shall govern, unless written requests for change
in date is received by the Company's Manager of Labor Relations within thirty(30) calendar days
of the date of posting.
14.0 CHANGES IN THE WORK FORCE
14.1 General Provisions
14.1.1 Notice of Layoff. The Company will give regular Employees who have acquired seniority
status two (2)weeks' notice of layoff.
14.2 Promotions
15
14.2.1 Notice of openings in regular jobs in the classifications specified for posting in the Wage
Schedule section of this Agreement will be posted on the Company's bulletin boards. Such notice
of vacancy will remain posted for seven(7)calendar days and shall state the job classification,rate
of pay, location, and starting date.
14.2.2 Employees desiring to be considered shall make written application on forms to be
furnished by the Company setting forth their qualifications for the job,as directed on the bid notice.
Such applications shall be mailed within ten (10) calendar days of the date of posting of the bid
notice, via U.S. Mail, with one (1) copy to the Company and one (1) copy to the Union. Mailing
addresses for the Company and Union offices are shown on the bid notice.
14.2.3 In selecting the Employee for the job opening so posted,the qualifications to be considered
shall be ability, knowledge of the work, experience, physical fitness, and seniority. In any test
necessary to determine the ability and knowledge of the work required to perform the job, the
Union will be afforded the opportunity to have a representative review the test and be present
during the testing. The test grade shall not be the sole factor in selecting the successful bidder.
Seniority shall govern among the applicants who are qualified.
Qualified for the purpose of this section is defined as the ability of the successful bidder to assume
all duties and responsibilities of the position and to produce at an acceptable standard following a
minimum break in period, but without further training.
An Employee who has served less than one (1) year as a Journeyman on the Company payroll
since (1) his date of hire as a Journeyman, or (2) his date of completion of Journeyman training
will not be considered qualified for promotion to a regular position that requires the direction of
others.
14.2.4 The Company may temporarily assign to a vacancy whomever it deems qualified, (a) for a
period of not to exceed six(6)months to fill a temporary job, or(b) for such period as will provide
the Company reasonable time for the posting, reception of bids, and consideration of bids for the
filling of a regular job.
A series of temporary assignments to cover vacation relief, sick or accident relief or short-term
temporary work shall not be considered as a single continuing vacancy for the purpose of
subsection(a) above.
14.2.5 Basis of rejection of an applicant will be furnished by the Company if requested in writing
by the rejected bidder.
14.2.6 The Company will post on its bulletin boards notice of all positions filled under this Section
14.2. Questions respecting any such placement must be mailed to the Company within five (5)
days of the date of notice thereof is posted.
14.3 Transfers
14.3.1 An Employee promoted by the Company to a position outside this Agreement will retain
his seniority status and date.
14.3.2 Refusal of transfer for any reason by an Employee shall not in any manner impair the
Employee's seniority status or deprive such Employee of further opportunity for advancement. In
16
the event, however, that an Employee refuses transfer offered for the purpose of maintaining his
continuity of service, such Employee may then be laid off, pursuant to Section 14.6.1 hereof.
14.4 Moving Expenses
14.4.1 The successful bidder will pay his own expenses to the site of the job on which he has bid
or for which he has been selected provided that if the job requires that the Employee relocate and
provides an increase in his regular straight-time rate of pay, he will be reimbursed for his actual
moving expenses up to a maximum of $450, but not more than once in any twelve (12)
months/period. Reimbursable moving expenses shall be limited to charges for a licensed moving
company, or rental fees and mileage charges for a rental truck or rental trailer, plus mileage
allowance one way for one private automobile, and hotel and meals for the Employee and his
dependents for a maximum of three (3) days.
14.4.2 A regular Employee transferred at the request of the Company shall have his moving
expenses paid by the Company.
14.5 Placement of Physically Limited Employee
14.5.1 If an Employee by reason of physical limitations is unable to perform the requirements of
his regular job classification,he may be placed in a suitable job by mutual agreement between the
Company and the Union.
14.5.2 The placing of a disabled Employee in a different job shall not constitute an increase in the
Company's normal working force.
14.5.3 Each case shall be considered on its merits by a panel consisting of the Business Manager
of the Union, the Wyoming Labor Relations Manager and two additional members, one of whom
shall be designated by the Business Manager of the Union and the other by the Wyoming Region
Manager. The panel shall have the authority to waive the seniority and bidding provisions of this
Agreement in order to place the disabled Employee, and it shall determine the seniority rights of
such Employee.
14.5.4 If an Employee by reason of non-occupational, temporary partial disability is unable to
perform the requirements of his regular job classification, and in the judgement of his attending
physician and the Company's medical consultant such temporary,partial disability will prevail for
six (6) months or less, and the Employee is capable of performing useful work in another job
classification, the Company may offer the Employee such available work. If he accepts, his rate
of pay during such temporary assignment shall be the greater of (a) the rate of pay for job
classification to which he is assigned, or(b)ninety percent(90%) of his regular straight-time rate.
If the Employee accepts the available work as provided above but becomes physically unable to
continue the temporary assignment or cannot resume his regular job assignment at the end of the
six (6) months'period, all time spent on disability since the onset of that disabling condition shall
be accumulative for determining the 180 day qualifying period for Disability Income Benefits
under the Long Term Disability Income Insurance Plan.
14.5.5 When an Employee having ten (10) or more full years of continuous service can no longer
perform his regular work because or permanent partial disability resulting from age, personal
illness, or injury, or from a compensable injury suffered in the service of the Company, he may,
17
upon request,or upon the recommendation of his Supervisor,be assigned to another job within his
existing abilities subject to the following provisions.
14.5.6 This disability shall not be the result of conditions excluded in Section 10.4 hereof, or of
self-employment, or employment by others (except on Union business) for remuneration or of
disability resulting from service in the Armed Forces.
14.5.7 If a disabled Employee is placed in a job carrying a rate lower than his regular pay rate,his
pay in the lower rated job into which he is placed shall be determined by adding to the rate of the
new job three percent (3%) of the difference between his old job rate and new lower job rate for
each full year of continuous service; provided that in no case shall the Employee receive a rate for
the new job which is greater than his old job rate,or the Journeyman rate. The rate thus established
is subject to change only as and when the rate for the Employee's classification at the time of
disability is changed. A new rate shall then be recalculated in accord with the formula, based on
the revised rate for the disabled Employee's former job classification, but using the service credit
originally used in calculating his adjusted rate.
If such permanent-partial disability is the result of an injury suffered in the service of the Company
compensable under Worker's Compensation laws, the amount of payments received as Permanent
Partial Disability award compensation pursuant to law shall be credited against the foregoing
increase in rate until such time as the total credits equal the total Permanent Partial Disability
Compensation received or to be received, at which time the Company will pay the increased rate
calculated as provided above.
14.6 Force Reduction
14.6.1 When, because of reduction of force or change in Company operations, it becomes
necessary to lay off Employees, probationary Employees in the classification affected shall first
be laid off. The Employee in the classification affected having the most recent seniority date shall
next be laid off.
14.7 Rehire Following Lao
14.7.1 An Employee laid off after having acquired seniority status and date as herein defined, shall,
if vacancies occur within a period of one (1) year following such layoff in the classification in
which he was laid off,be given an opportunity to return to a like job in order of his seniority date.
Such opportunity shall be by means of a registered letter from the Company delivered to the last
known address of the laid off Employee. An Employee's reemployment privileges shall be lost if
he fails, within one (1) week of delivery of such notice, to advise the Company of his intention to
return to work within two (2) weeks.
15.0 SAFETY RULES
15.1 The Company's Accident Prevention Manual shall, by this reference, be a part of this
Agreement as though set forth fully herein. The parties to this Agreement pledge strict adherence
to the rules embodied in the Manual and the rules and regulations of the State of Wyoming.
15.2 Regular Employees will be given the opportunity for first aid training on the job and are
required to have and keep current a Medic First Aid card or the equivalent.
18
New Employees will be required to obtain a Medic First Aid card or equivalent on their own time
during their probationary period of employment prior to being granted status as a regular full-time
Employee.
15.3 Random Drug and Alcohol Testing
The parties agree to the language contained in the random drug and alcohol testing and post-
accident drug and alcohol testing Memorandum of Agreement effective 6/13/2014, and attached
in the MEMORANDUMS OF AGREEMENT AND LETTERS OF UNDERSTANDING section
of this agreement.
16.0 JOB DESCRIPTIONS
16.1 The following job descriptions apply to the job classifications listed in Article 22.0 hereof,
and shall not be construed as preventing an Employee from performing or assisting in other work
normally assigned to another classification.
16.2.A Line Foreman is a supervising Employee who: (a)is in charge of a job and directs the work
of others, and (b) is qualified as a Journeyman in the particular work under his supervision, and
(c) does not engage in the manual work of his trade, except in case of emergency, or in case the
crew is working on de-energized or secondary voltage lines in which case he may perform work
on the ground.
16.3 A District Line Foreman is a supervisory Employee at an established District or Local
Headquarters responsible on a continuing basis for the direct supervision of an assigned crew and
the work they perform. He shall: (a) be a qualified Journeyman Lineman; (b) supervise a crew of
not more than four(4)other men when engaged in line construction or maintenance work; (c)work
with the men under his supervision to the extent that it does not interfere with his supervisory
responsibilities; and (d) be responsible for job planning, work methods, equipment application,
construction standards and job reporting for the jobs assigned.
16.4 A Line Working Foreman is a supervising Employee who: (a)is in direct charge of a job, (b)
is qualified as a Journeyman, and (c) works with the men under his supervision. He directs the
work of(a) not more than four (4) men, not more than two (2) of whom, including himself, are
Journeyman, or(b)not more than two (2) other Journeymen, or(c)three(3) or more men working
as Helpers.
16.5 A Journeyman Lineman is an Employee who has satisfactorily completed an appropriate
training program or who has had at least three (3) years of experience in classification and has
passed the Journeyman Lineman exam. He will have the ability to deal effectively with all aspects
of line work, transmission and distribution. As assigned, a Journeyman will train and direct the
work of an Apprentice in that trade.
16.6 A Journeyman Troubleshooter is a Journeyman Lineman, who possesses the ability to deal
effectively with the Company's customers, and who is qualified to (a) construct and maintain
distribution lines, services street lights,transformers,and related equipment, (b)install and remove
meters, (c) read and change charts on all types and sizes of meters, (d) investigate and handle
customer service complaints, including those involving radio interference, and (e) collect
delinquent accounts.
19
16.7 A District Meterman is an Employee who is a qualified Journeyman Meterman located at a
District Headquarters and is responsible for the meter supplies, equipment and records for his
assigned area and performs installation and maintenance of customer metering equipment in that
area. He may supervise no more than one (1) other Journeyman engaged in metering equipment
installation or maintenance.
16.8 A Journeyman Meterman is an Employee who (a) installs, tests and maintains all types and
sizes of customers' meters, instruments and associated equipment and wiring, (b) does routine
testing of all types and sizes of meters when assigned to such work, (c) makes load and voltage
surveys, (d) reads demand meters and changes charts, (e) does instrument transformer testing and
repairing, (f) supervises Meterman Apprentices and Meter Testers, and (g) tests direct current
meters, assisted by another Journeyman or Meterman Apprentice.
16.9 An Apprentice is an Employee who enters the service with little or no experience and with
the intention of learning one or more branches of the trade. After the completion of three(3)years'
training, he shall be advanced to Journeyman, provided he has demonstrated that he is fully
qualified for the responsibility of such Journeymen's rating and has passed the Journeyman exam.
16.10 A Line Equipment Man is an Employee who (a)regularly operates and drives a truck when
it is engaged in line or station construction or maintenance and which is of a nominal rating of
11/2 ton or larger, equipped with a boom and power driven winch, hole digger, or which is used
for hauling poles, and (b) works as a Groundman when not driving or operating the equipment in
his charge.
16.11 A Groundman is an Employee who is qualified to perform labor on overhead or underground
lines and to help Lineman or Servicemen do semi-skilled work. He does not climb poles or towers.
16.12 A Meter Reader is an Employee whose major duty is reading all types of meters used to
measure the use of service and to record accurately such readings. Coincidental with his regular
meter reading, he may also call on customers whose accounts are delinquent to negotiate full or
partial payment and to accept and receipt such payments. May connect and disconnect single
phase self-contained meters upon completion of designated meter connect/disconnect training,and
performs other work as assigned. May be called out after regular work hours to make connections.
16.13 A Connector/Disconnector is an Employee who after completion of designated meter
connect/disconnect training be assigned under the Company's cold service and delinquent account
policies to connect and/or disconnect residential single phase self-contained meters, reads meters,
distributes collection notices, collects monies due the Company when required and performs other
work as assigned.
16.14 A Warehouse Man performs stores functions under the direction of Supervision. The
classification of Warehouseman shall be used for upgrade purposes only.
16.15 A Journeyman Estimator is an Estimator who through general experience shall have all the
qualifications of an Estimator and will be located in headquarters in which there is no construction
manager or site agent and an estimator is needed. Estimator provides scheduling and coordination
of work requirements and assignments in addition to estimating duties and other duties as assigned.
It is the basic intent for Estimator positions to work the normal hours of the operating location.
However, in the interests of customer service, when there is a mutually agreed customer
20
appointment or justification based on project workload and job efficiency the visit shall be made
between 7 a.m. and 7 p.m. Monday through Friday. Scheduling of appointments for the Estimator
outside of the normal hours of the operating location will be done by the Estimator.
Meals for Estimator positions are as follows:
(a) Lunch will normally be taken midway in the employees' shift. However, the employee
may advance or delay lunch to meet customer needs.
(b) Monday through Friday the dinner meal period will normally be 7 p.m. to 7:30 p.m.
However, once the employee has worked forty straight-time hours in a week, the dinner
meal period will revert to 6 p.m. to 6:30 p.m.
17.0 WORKING RULES
17.1 Overhead Distribution
17.1.1 Framing of poles in pole yards may be done by a pole yard crew under the direct supervision
of a Journeyman Lineman receiving a Journeyman Lineman's rate of pay.
17.1.2 Erecting of poles and towers shall be done under the supervision of a Foreman who is a
Journeyman Lineman. The majority of Employees in crews erecting poles, tower or substations
therefore shall be Journeyman Linemen.
17.1.3 Pole stubbing and hole digging shall be done under the supervision of a Journeyman
Lineman. A Journeyman Lineman shall be assigned to each mechanical hole digger.
17.1.4 Connecting and disconnecting of service wires and meters shall be done by a Journeyman.
Meters may be connected or disconnected in accordance with Sections 16.12 and 16.13.
17.1.5
(a) Emergency line work and work on customers'premises shall be done by Journeymen.
(b) Connect/Disconnect call outs on the weekend will be accomplished by the Journeymen
Lineman on call.
17.1.6 Tools. Linemen, Electric Servicemen, Lineman Apprentice, and Metermen, shall furnish
and replace when necessary, pliers, skinning knives, climbers, straps, belts and safety straps,
except for replacement of safety strap, climber straps and replaceable gaffs as detailed in Rocky
Mountain Power Policies.
17.1.7 The Company will provide reimbursement up to one hundred dollars ($100.00) annually
for Employees in the Lineman or Meterman classifications who submit receipts for hand tools
required for their jobs.
17.1.8 The Company will provide reimbursement up to two hundred dollars ($200.00) annually
for Employees in the Lineman classification who submit receipts for safety-toe boots required for
their job. This reimbursable amount may be banked for two years, for a maximum payout of four
hundred dollars ($400.00) every other year.
17.1.9 Rubber Gloving on voltages up to 25,000 volts:
21
1) All required personal protective equipment(to include five (5) F. R. rated summer weight
shirts and one (1) F. R. winter weight coat.) will be provided by the Company. The F.R.
winter weight coat will be replaced by the Company as warranted.
2) Training and gloving will be on a voluntary basis.
3) Rubber glove training and certification will be required before gloving voltages over 5 KV
and recertified every three (3) years. The Company will retain the option to give refresher
training more frequently, as needed.
4) When working voltages of 5,001 — 25,000 volts, work shall be done from insulated
platforms or approved bucket trucks that are tested every six months.
5) Approved and tested rubber insulating cover up will be used.
6) Linemen working jobs involving rubber glove work will receive a five percent (5%)
upgrade per day.
17.2 Underground Distribution
17.2.1 Installation and maintenance of all direct burial underground electrical circuits, both
primary and secondary including pad-mounted transformers and enclosures, shall be done by
regular line construction and maintenance classifications.
17.3 Pay for employees required to work away from headquarters:
Employees working a limited distance from headquarters will normally be returned to headquarters
when travel time one way is one hour or less. Transportation furnished should minimize travel
time to and from the job. Large equipment maybe left at the work area. Supervisors will determine
when overtime is to be paid.
When an employee is working out of town for two (2) or more nights, the employee will be
compensated at seven percent (7%) above base pay for all hours worked out of town, including
travel time. Travel for training outside the Company service territory, apprentice school training,
and positions receiving the seven percent (7%) Travel Differential in their base pay are not
included in this paragraph.
Employees who are directed to report for work away from headquarters or to return from such
work on other than their working time, whether it be after working hours or on regular days off,
shall be compensated at prevailing overtime rates.
17.4 Expense Reimbursement
When employees are required to travel out of headquarters and be away overnight, lodging will be
provided by the Company. All other expenses will be included in a per diem payment per IRS
guidelines for meals and incidental expenses (MME). The full MME rate will be available for
full days away from headquarters and 75% of the full rate will be available for partial days of
travel,defined as the day leaving or the day returning to headquarters. Additionally,on days where
there was a Company-provided meal consumed or a Company-provided meal was made available,
the partial day rate of 75%would be provided.
22
Additionally, if the Internal Revenue Service (IRS) makes adjustments to the reimbursement rate,
the new rate will become effective on the date identified by the IRS.
The Company recognizes that there may be times when an employee may desire to travel back to
their headquarters on a particular evening to attend to personal matters. If such a circumstance
occurs, the following guidelines would be applicable:
1) The employee would discuss this with their supervisor in advance
2) The employee would be responsible for their own transportation to and from the work
location
3) The employee would leave the work site at the end of the work hours for that day and return
at the beginning of the work hours the following day
4) The employee would be entitled to the full day per diem identified above if the work
assignment continued beyond the day they returned to the work site after attending to their
personal matters.
5) The employee would receive a lump-sum amount of$70 in lieu of the daily per diem and
hotel expense. This lump-sum amount is considered taxable income and is not subject to
the Company matching contributions per Section 7.11.1 of this agreement.
6) This accommodation is to be used for isolated circumstances and is not intended to
materially increase the driving time required to and from the work location, be used as a
substitute for the Company-provided lodging and per diem on a regular basis or to elevate
the risk to employee safety.
2. Employees dispatched from regular headquarters to other headquarters will be paid the regular
wage rate for such time consumed in traveling as is lost from their regular working period, and
also all traveling expenses incurred. Transportation facilities may be furnished by the Company.
3. Any employee requested to use their personal vehicle on Company business shall be
compensated for such use at the current Internal Revenue Service(IRS)rate per mile.Additionally,
if the IRS makes adjustments to the reimbursement rate,the new rate will become effective on the
date identified by the IRS.
18.0 HOURS OF WORK
18.1 The workweek shall coincide with the calendar week and shall consist of seven (7) days
beginning on Sunday at 12:01 a.m.
18.2 The workday shall coincide with the calendar day and shall consist of twenty-four(24)hours
beginning at 12:01 a.m., provided that an Employee who works regularly scheduled night shift
starting before midnight and continuing past midnight shall be considered as having worked one
(1) day only.
18.3 Eight (8) hours a day on the job shall constitute a day's work, and the regular hours of work
shall be from 8:00 a.m.to 5:00 p.m.,with one(1)hour off for lunch at noon, except that the regular
workday for Stores Employees may begin between the hours of 7:00 a.m. and 8:00 a.m.
23
Arrangements may be made by mutual consent between a Superintendent and a crew for a one-
half(1/2)hour lunch period, in which case the regular workday will end at 4:30 p.m.
18.4 Five(5)eight-hour days shall constitute a week's work. The two(2)days off shall be Saturday
and Sunday.
18.5 Work in excess of eight(8) hours per day, and work in excess of five (5) eight-hour days, or
forty(40)hours in any workweek shall be considered overtime,but hours of work for which daily
overtime is allowed shall not be included in computing weekly overtime. Hours allowed for
observed holidays and other time off with pay shall not be considered hours of work for purposes
of computing weekly overtime.
18.6 An Employee sent away from headquarters shall travel on Company time and shall be paid
his regular scale of wages and all necessary expenses until returned to headquarters. Headquarters
shall be the place where the Employee is regularly employed. An Employee so assigned shall be
returned to his regular headquarters on Company time no less frequently than every other weekend.
18.7 In the event a crew wishes to return from the site of the work to headquarters or other suitable
eating establishment, Company will supply equipment to transport the crew to and from such
headquarters or establishment, provided that the elapsed time for traveling and eating will not
exceed the normal one-hour lunch period and that the time spent in such travel shall not be
considered time worked. A crew or an individually assigned Employee who has arranged to
observe one-half(1/2)hour lunch period shall eat lunch at the job site.
18.8 The intent of this Section is to ensure that Employees are not required to work extended
periods beyond normal meal times, and the intent is not to accommodate such delays by payment
of premium time.
Regular meal times are designated as follows:
(a) Breakfast- 6:00 a.m. to 7 a.m.
(b) Lunch 12 Noon to 1 p.m.
(c) Dinner- 6:00 p.m. to 7:00 p.m.
(d) Suppertime- for men working past midnight shall be 12 Midnight to 1:00 a.m.
No pay shall be allowed under this Agreement for time spent in eating meals, except if an
Employee is required to work through his regular breakfast period, he shall be provided breakfast
by the Company, and if the delayed breakfast period occurs within his regular hours of work, such
time shall not be deducted from his regular hours of work for pay purposes.
When conditions imposed upon the Company require that work be performed for a customer's
convenience during the regular lunch period,the Foreman may,upon at least one(1)hours' notice,
advance the meal time one-half(1/2) hour, or delay it one (1) hour without penalty. In the event
an Employee is required to work during his regular lunch period, or his lunch period as
hereinbefore adjusted, he shall be paid his regular straight time wage plus premium pay for such
lunch period and until released for lunch.
24
If any meal period, other than the regular lunch period as provided above is delayed for more than
three (3) hours on instruction of the Supervisor, the Employee shall receive an additional hour's
pay at the straight-time rate for each hour worked beyond the start of the established meal period
until he is released to eat a hot meal.
The premium pay will continue until the Employee arrives at the meal location and no payment
will be made for the time used for the meal period other than a delayed breakfast eaten within the
Employee's regular hours of work. Only meals eaten will be paid for by the Company.
18.9 Meal allowance will be provided by the Company in compliance with section 18.8.
(a) Regular meal times will be honored unless delayed upon instruction of the Supervisor.
(b) Meal allowance. The following amounts will be added to the Employee's pay check:
a. Breakfast $10.00
b. Lunch $10.00
C. Dinner $18.00
19.0 WAGES
GWI—2020 2.5% effective 6/26/2020
GWI—2021 2.5% effective 6/26/2021
GWI—2022 2.5% effective 6/26/21
19.1 Overtime is defined as (a)time worked in excess of eight (8) hours per day, (b) time worked
in excess of five (5) eight (8)hour days or forty(40)hours in any work week, except that hours of
work for which daily overtime is paid shall not be included in computing weekly overtime, (c)
time worked on a non-workday, and(d)time worked outside of regular work hours on a workday.
Compensation will not be paid for the time required to eat a meal under this Section 19.1, except
as otherwise provided under this Agreement.
19.1.1 Overtime compensation at the rate of one and one-half(11/2) times the regular straight
time rate of pay shall be paid to Employees for hours worked as defined in Section 19.1 except
that:
(a) Time worked by an Employee on his day off which is scheduled as a Sunday shall be paid
at the rate of two (2) times the straight time rate. For the purposes of determining the
overtime rate of pay for Saturday or Sunday, the first regularly scheduled day off in any
calendar work week is a Sunday and the 2nd regularly scheduled day off is a Saturday.
This rule applies to both rotating and special shifts.
25
(b) Employees who are scheduled to work and do work or are called out to work on a holiday
recognized under this Agreement, shall be paid the rate of two(2)times the regular straight
time rate of pay.
(c) Time worked by an Employee between the hours of 10:00 p.m. and 6:00 a.m. which are
outside of his normal shift or his shift herein adjusted, shall be paid at the rate of two (2)
times the straight time rate.
(d) An Employee who is called to work and does work more than four (4) hours after 12:01
a.m. shall receive two (2) times the straight time rate for all hours worked until 8:00 a.m.
19.1.2 Employees who have acquired seniority status shall be afforded equal opportunity for
overtime work in any shop or on any job. No combination of circumstances shall result in more
than one hour premium payment for each hour worked in addition to any straight time or overtime
pay required by the Working Agreement.
19.2 Employees shall be paid at the overtime rate for all time worked on other than their regular
shift or day, including work during meal periods when such time is not a part of their regular shift.
19.3 An Employee temporarily assigned to work at a higher job classification listed in Section
22.0 through 22.2 hereof shall be paid the higher rate for all time worked in such classification.
During regular straight-time hours, fractional hours worked at the higher classification will be
reported to the next full hour. Overtime worked at the higher classification will be reported for
the actual time worked.
However, no Employee other than a qualified Journeyman or Apprentice, as provided in Sections
12.4 and 12.5 may be assigned to perform the skilled worked covered by the Journeyman
classification.
19.3.1 The rate of pay of an Employee temporarily transferred to a lower paid classification shall
not be reduced.
19.4 When two (2) or more Journeyman are working together unsupervised on maintenance or
construction, one (1) of them shall be designated as Foreman and shall receive the rate of pay
provided for the appropriate classification.
19.5 An Employee relieved from duty after being on duty less than four (4) hours of his shift or
day shall receive pay for four (4) hours. After being on duty four (4) or more hours, he shall
receive eight (8) hour's pay. An Employee relieved from duty at his own request for other than
weather conditions shall be paid only for the time actually worked. If Employees report for work
at the beginning of their regular shift and it is mutually agreed between the Superintendent and the
majority of the members of a given crew that weather conditions are such that they cannot work,
such crew shall be relieved from duty and shall be paid for one (1) hour at the straight-time rate,
provided,however,that in case of emergency,crews may be required to work regardless of weather
conditions.
26
19.6 An Employee working overtime must first receive approval for said overtime from his
immediate Supervisor or his representative.
19.7 An Employee called for duty before the beginning of his regular shift and who works three
(3)hours or less immediately before their shift shall work their regular shift hours at their straight-
time rate.
19.7.1 An Employee called out for duty before the beginning of their next regular shift, and such
work includes the eight(8)hours prior to their normal starting time and exceeds the three(3)hours
in 19.7, will earn one (1) hour paid rest at their regular rate of pay for each hour worked during
this eight (8) hour period. The Employee may earn sufficient paid time to cover their entire next
regular shift. If they earn a partial shift amount, they may be required to work at the beginning of
their shift until they have worked sufficient hours to cover their regular shift pay or report to work
after they have used their paid rest for a portion of their regular shift. With supervisory approval,
they may use personal time or up to four (4) hours of time without pay to cover the remaining
hours of the shift not covered by the paid rest accumulation.
An employee who is required to work their normal shift, will be compensated at the appropriate
overtime rate until they are released. An employee called back to work before the expiration of
their rest period will be paid at the appropriate overtime rate until released from work.
19.7.2 If,after having elected to take his regular day off for relief,he is called back to work without
a minimum of eight (8) hours relief from duty, he shall receive one (1) hours premium pay in
addition to his regular straight-time pay for each hour worked on his regular shift.
19.7.3 If required by Supervision to work his regular shift after having worked more than four(4)
hours in advance of his regular shift on that day, he shall receive one (1) hour's premium pay in
addition to his regular straight-time pay for each hour worked on his regular shift.
19.7.4 If called out to work on his regular shift after a minimum of eight(8)hours relief from duty,
he shall be paid at his regular straight-time rate.
19.8 An Employee reporting to work or called from his home on other than his regular day or shift
shall receive pay at the overtime rate for a minimum of two (2) hours, including not more than
one-half(1/2) hour required for reporting for duty; provided, however, that if he is called within
two (2) hours of the beginning of his regular shift, he shall be paid at the overtime rate only from
the time he was called or from one-half(1/2) hour prior to the time he actually reports for work,
whichever is later, until the start of his regular shift, and further provided that the minimum call-
out guarantee shall not apply to subsequent call outs other than those which occur after two (2)
hours from the time of the preceding call out. If at least(6)hours' notice has been given, time for
pay purposes shall begin from the time the Employee reports for duty and shall end when he returns
to headquarters. Call out time with less than six (6) hours' notice shall begin when the Employee
is called, and shall end when he returns to the place from which he called, but the maximum
reporting time allowable with pay shall be one-half(1/2) hour, with similar maximum allowable
for return after release from work.
27
No travel allowance for return to the place from which he was called shall be payable if the time
worked extends into the Employee's regular work shift and he is released from work at the end of
that regular shift.
19.9 An Employee who is on standby duty by request of his Superintendent during his regular time
off shall receive one (1) hour's straight-time pay for each eight (8) hour period or major fraction
thereof he is subject to and available for call, provided that an Employee on standby duty on a
holiday as defined in Article 8 hereof shall receive two (2) hour's straight-time pay for each eight
(8) hour period or major fraction thereof that he is on call. Such payments for standby duty shall
be at the Employee's regular rate of pay and shall be in addition to compensation for the services
of such Employee when actually called out while standing by.
19.10 An Employee, other than a Shift Worker, engaged in overtime work or work on a observed
holiday, will be provided meals by the Company at the regular meal periods specified in Section
18.8 during such work period, except that if six(6)hours' notice has been given prior to scheduled
overtime, Employees shall provide their mid-shift meal as they would on a normal working day,
or if he is released from work under the provisions of Section 19.8 in time to return to his home at
regular meal times.
19.11 An Employee working over eighty (80) feet above the ground, except on buildings where
no exceptional hazards exist, shall receive one(1)hour's additional pay at his regular straight-time
rate for each hour worked at such height.
19.12 An Employee transferred to a position in which he has had no previous experience shall be
given a reasonable break-in period with an experienced man in that position without an increase
in pay. In all other cases, Employees will be paid the rate prescribed in Article 22 hereof for the
classification in which they are working except that the rate of pay of an Employee temporarily
transferred to a lower paid classification shall not be reduced.
19.13 The Company will pay Employees at least twice a month, and will designate the regular pay
days. If a pay day falls on Saturday, Sunday or holiday, pay day shall be the preceding business
day.
20.0 RETIREMENT,INSURANCE &LEAVE OF ABSENCE PLANS FOR EMPLOYEES
20.1 The provisions of the Company's Retirement Plan for Employees (approved by the
Stockholders on October 19, 1948) with respect to retirement of Employees thereunder will
govern and control in any case where conflict might otherwise arise or be claimed to exist between
any provision of said Retirement Plan and any provision of this Working Agreement.
20.2 The Retirement Committee appointed under the Plan will give the Union timely notice of any
difference of opinion or dispute which may arise between the Retirement Committee and any
member of the Union with respect to the administration of the Plan as it may affect such Employee,
with opportunity for the Union to be heard by the Retirement Committee with respect to the
disposition of such difference of opinion or dispute.
28
20.2.1 For employees hired prior to July 1, 2009, freeze the current final average pay plan and
provide an enhanced fixed 401 K contribution of annual base pay as set forth below:
Base Credits:
Employment status Base Contribution
Hired after July 1, 2009 4.0% of annual base pay
<Age 40 as of July 1, 2009 4.0% of annual base pay
Age 40 as of July 1, 2009 6.5% of annual base pay
Transition Credits:
The Company will provide additional contributions (annual base pay), as set forth below:
Employment status Transition Credits
Hired after July 1, 2009 None
<Age 40 as of July 1, 2009 None
Over 40 as of July 1, 2009 3 years 7.0% - (1 st year),
5.0% - (2nd year), and
4.0% - (3rd year)
20.2.2 Retiree medical- Employees hired on or after 6/26/09 are eligible at 55 years of age with
ten (10) years of service for access only with no subsidy by the Company.
20.3 The Company and union jointly participate in the IBEW/Western Utilities Health and Welfare
Trust that provides Medical, Dental, Vision, Group Life Insurance, Accidental Death and
Dismemberment Insurance and EAP-Mental Health Benefits. The Company also provides Short
Term Disability and Long-term Income Insurance Plans for Employees.
20.3.1 The Company will make contributions to the IBEW/Westem Utilities Health and Welfare
Trust for regular and regular part time employees covered by this agreement per Section 20.3.1
and any changes to Company and employee contributions for future calendar years will be
communicated in October of the preceding year.
20.3.2 These contributions will be divided in half and deducted on a per paycheck basis.
Additionally, these deductions will be made on a pre-tax basis in accordance with Section 125 of
the IRS code.
Employees will also have the option of choosing a non-contributory benefit plan that will provide
a different level of benefits and is described in the applicable summary plan description.
Effective January 1, 2012 the Employee contribution will be 25% of the cost of the premium Plan
and Company contribution will be 75% of the cost of the plan until December 31, 2013.
29
Effective January 1, 2014, and for the duration of the agreement, the Employee contribution will
be 25%of the cost of the Plan and Company contribution will be 75%of the cost of the plan based
upon the cost of the comprehensive plan and employee enrollment. These contributions will be
determined and communicated in October each year.
Regular part-time employees will be allowed to choose the appropriate level of coverage from the
above options and the Company will make the associated monthly premium contribution.
20.3.4 In the event an active employee dies as a result of a workplace accident, the employees'
spouse and Plan eligible dependents at that time will continue to receive medical,vision and dental
benefits at no cost to them for the first three(3)years after the accident. Following that time,these
benefits will be available at the appropriate "monthly employee rate" for the selected coverage's
until the employee would have reached age 55. At that time, the spouse and eligible dependents,
if any, would receive retiree medical coverage with the Company subsidy calculated as if the
employee had reached age 55 and retired.
20.4 The Company has established a 401(k)Plan(K-Plus Plan) for Employees which will permit
participants to save from 1% to 50% of pay in 1% increments on a pre-tax basis. For the term of
this agreement,unless modified through mutual agreement,the first 6%of an Employee's eligible
pay placed in the Plan will be matched by the Company in employee directed cash at 65% of the
employee's savings rate.
20.5 Employees covered by this agreement are also eligible for an annual 1% matching (also
known as"fixed")contribution based on Berkshire Hathaway Energy Holdings Company's annual
net results and other corporate goals, including safety. To be eligible for this contribution an
employee must be employed on the first and last working day of the calendar year and be
contributing at least 1% of their pay to the plan. The matching contribution is limited to 1% of
eligible compensation for the plan year.
20.6 The Company will give the Union timely notice of such changes in the Retirement and Group
Insurance plans as may be authorized by the Company's Board of Directors.
20.7 The Company will provide business travel accident insurance for all employees covered by
this agreement.
20.8 If a regular Employee is summoned by court or agency order to testify regarding facts of
events which became known to the Employee during his assigned work hours, full pay will be
granted for that period of absence required to comply with such order; provided, however, that no
pay will be granted for adverse action against Company, its agents, or subsidiaries. When full pay
is granted by the Company, witness fees received from a court or complainant will be endorsed to
the Company.
20.9 Leaves of Absence. Leaves of absence for such personal reasons as family death,jury duty,
military service, and the like,will be granted as provided in the Company's Pacific Power Policies,
copies of which have been furnished to the Union, and which are available for inspection by any
30
Employee upon request to his Supervisor. The Company will give the Union timely notice of any
change in this eave policy.
20.10 Regular employees, who have worked for the Company, had a break in service and then
returned to work with the Company, will be given credit for benefit purposes for their entire time
worked for the Company. This bridging of service will apply to all Company-provided benefit
programs and be effective prospectively upon ratification of this agreement.
21.0 Notional Health Reimbursement Account (HRA)
The Company agrees to create a Notional Health Reimbursement Account (HRA) from
Supplemental Hours at Retirement. The Company and Union agree to Create Article 21.0 in
th4e CBA and add the following:
A Notional Health Reimbursement account will be established for employees of IBEW Local
57 at retirement to use for retiree medical and premium expenses. The employee will receive
65 percent of any supplemental hours accrued in that bank as of their last day of work.
Upon retirement from the company (55 years of age and 5 years of service or 55 years of age
and 10 years of service depending on the date of hire) accumulated supplemental hours will
be valued at 65 percent of the employees' base wage and a notional health reimbursement
account will be created and funded for the employee. The account will be managed by the
third party administrator of the Company's choosing, currently WageWorks.
The notional health reimbursement account will be available for the retiree and any eligible
dependents to use for monthly medical premiums, deductibles, co-pays and all other eligible
expenses per Internal Revenue Service guidelines and provided for under the PacifiCorp
Retiree Health Plan.
A surviving spouse or eligible dependent that predeceased by the PacifiCorp retiree will have
access to the notional health reimbursement account. The remaining balance in the notional
health reimbursement account expires when all eligible parties have died or no longer satisfy
eligibility rules of the PacifiCorp Retiree Health Plan. Funds cannot be transferred or willed
to other parties.
In the event of an active employee death who is of retirement age 55 and older with 5 or 10
years or service (depending on their hire date) and would have been eligible for the notional
health reimbursement account, an account will be created in the surviving spouse and/or
eligible dependents name.
When the retiree reaches age 65 and all parties in the family are transitioned off the
Company's group plan and any remaining balance in the notional health reimbursement
account will be transferred to One Exchange (name change to Vis Benefits). This is typically
done in February of each year. The funds with third party administrator will be eligible for
use until the transfer occurs.
31
22.0 DEFINITIONS
The following terms have the meaning stated wherever used in this Agreement:
22.1 The probationary period of an Employee is the first six (6) months of his employment. This
period shall be extended by any time spent on disability or leave,by an Employee, in order to meet
the probationary period requirement.
22.2 A regular Employee is one hired for indefinite tenure, not limited at time of hire by a stated
term or for a specific project.
22.3 A temporary Employee is one hired for a specific project or definite period, in either event
not exceeding six (6) months, with such limited period of employment stipulated at time of hire.
22.4 A full-time Employee is one whose regular workweek is forty(40) hours.
22.5 A part-time Employee is one whose regular workweek is less than forty(40) hours.
22.6 A casual Employee is one employed in other than a Journeyman classification who has no
regularly established workweek,whose days or hours of work are not fixed, and who works solely
on call.
22.7 Regular straight-time rate is that rate payable to an Employee at his primary classification as
established by the Company records,provided that, if an Employee has worked at a secondary and
higher-rated classification in more than 160 of the last 320 hours immediately preceding a holiday
or vacation period,such higher rate shall be considered the"regular straight-time rate"for purposes
of holiday or vacation pay.
22.8 A payroll month is a period beginning with the first day of the payroll period established by
the Company (presently the twenty-sixth (26th) day of the calendar month) and ending with the
last day of such payroll period(now the twenty-fifth (25th) day of the succeeding month).
22.9 A payroll year is the twelve (12) months' period ending with the last day of the final pay
period in a year(now the twenty-fifth(25th) day of December).
22.10 Continuous service of an Employee is the period of continuous time worked by him for the
Company, which period shall begin with the first day of his most recent continuous employment
by the Company. The date of beginning continuous service shall be retained and the term thereof
shall remain unbroken in the event of layoff or leave of absence not exceeding one (1) year,
provided that the Employee at time of layoff or commencing leave has completed his probationary
period. Time spent on approved leave because of disability as defined in Articles 10.0 and 11.0
shall be considered as time worked for the purposes of this definition.
22.11 A regular job is a position the duration of which is not limited to a specific project or to a
definite term.
32
22.12 A temporary job is a position established for a specific project or limited term.
22.13 An "emergency" as referred to in this Agreement is defined as an unforeseen circumstance
that calls for immediate action.
IN TESTIMONY WHEREOF, the parties hereto have caused this Working Agreement to be
executed by their authorized officers, respectively, as of the day and year first above written.
Subject to the approval of the International President of the International Brotherhood of Electrical
Workers.
nt Donohue Greg
Business Manager Labor Relations
IBEW Local 57 PacifiCorp
33
Drug and Alcohol Testing
June 13, 2014
PacifiCorp and IBEW Local 57 agree to the following provisions related to Drug and Alcohol
Testing of employees covered by the Laramie collective bargaining agreement.
Employees are prohibited from selling, possessing, using, transferring, or purchasing illegal
drugs or alcohol on Company time or property or while in a Company or leased company
vehicle or when representing the Company. Employees are prohibited from working while
under the influence of illegal drugs or alcohol. This agreement does not preclude the Company
from taking any actions required by Federal regulations.
IBEW Local 57 Laramie represented employees will be subject to drug and alcohol testing
as follows:
Random Drug and Alcohol Testing
Random Drug and Alcohol Testing means that the tests are unannounced, that individuals
are selected on a random basis, and that the odds of being tested are equal for all employees
in the random testing pool. This pool includes all bargaining unit employees that do not
have the requirements of a CDL.
A third-party contractor may be responsible for the random selection process. The contractor
and/or PacifiCorp will notify management of the names of employees selected to be tested.
Management will coordinate a testing date. Management will not announce pending random
drug and alcohol testing until the time of the appointment. Each employee selected for testing
shall be tested during the defined testing period. Once notified of selection for a random test,
the employee must immediately report to the facility for testing.
After completing the testing process, the employee is required to return to work unless
instructed not to do so by the medical review officer (MRO) or unless the test results are
positive. Employees will not be required to report for a random test while on regular scheduled
days off, vacation or sick leave. Employees will not be suspended without pay pending the
results of a random drug and alcohol test.
The random pool of employees shall include all Local 57 represented employees and all
management of the business unit. No more than 20% of the pool shall be randomly selected
annually. Each employee in the random pool shall have an equal chance of being tested each
time selections are made.
Post-Accident Drug and Alcohol Testing
Employees may be required to submit to a post-accident drug and alcohol test in the
following instances:
• involved in an on the job accident
34
• involved in an OSHA recordable event
• involved in an accident which involves property damage that is reasonably estimated
at the time of the accident to exceed $1000 or is classified as a preventable vehicle
accident
Employees who are required to submit to a post-accident test will not be returned to work
until the results of the test are known. If the test result is negative, the employee will be
made whole for regular work time missed as a result of the test.
Reasonable Suspicion Drug and Alcohol Testing
Reasonable suspicion is defined as trustworthy evidence which would cause a prudent person
to suspect that the employee has used or is under the influence, or impaired. Reasonable
suspicion testing for drugs and alcohol is permissible only when reasonable cause exists that
an employee has used or is under the influence of alcohol or illegal drugs while on Company
time, property, in a Company vehicle or while representing the Company.
Before ordering an employee to submit to a drug and alcohol test, the employee's supervisor
must seek approval of his/her supervisor, if practicable. The supervisor ordering a drug test
must as soon as practical write a narrative report of the information and observations which
gave rise to the order to take a drug test.
Following a reasonable suspicion drug and I or alcohol test, the employee tested may be
suspended without pay until the results are received. If the test result is negative, the
employee shall be made whole for regular work time missed as a result of the test.
Testing
All employees are subject to random drug and alcohol testing. The testing is in addition to but
not combined with random testing of employees subject to CDL requirements but will be
conducted using collection, laboratory and MRO and other standards, including but not limited
to laboratory designation, testing and quality control, and levels for determining positive tests
the same as those set for CDL drug and alcohol testing.
For non-CDL employees urine tests will be performed to detect the following
controlled substances regardless of state laws:
• Marijuana
• Cocaine
• Opiates (codeine, morphine, heroin, synthetic opiates)
• Amphetamines
• Phencyclidine (PCP)
• Benzodiazepines
• Barbiturates
• Methadone
• Propoxyphene
35
• Metabolites of all substances listed above
Drugs may be added or deleted and PacifiCorp reserves the right to test for other controlled
substances as necessary.
Quick tests may be utilized by the company to obtain testing results where they do not violate
existing regulations. Split samples will always be taken if possible. Employees may request that a
split sample test be performed. The cost of the split sample test is the responsibility of the
employee.
Information regarding the design and administration of the random testing process will be
supplied to the union upon request. All reports on monitoring of the contract laboratory shall be
available for inspection by the Union upon request. The Union will have the right to copies of
such reports,at its expense.
Disciplinary Action
An employee who experiences personal or work-related problems associated with drug or
alcohol use is urged to use the Employee Assistance Program (EAP). Self-referral to the
EAP is particularly encouraged.
Those who self-refer before they are notified they have been selected for testing, and
before work performance problems arise will not be disciplined or require a return-to-
work agreement to return to their positions. However, ongoing work related issues may
result in disciplinary action up to and including termination. Information regarding EAP
services can be obtained from the EAP provider or the employee benefits and disability
services department.
An employee who voluntarily enters into a rehabilitation program will be eligible to use sick leave
and/or vacation until they are released to return to work in accordance with company policies and
the applicable collective bargaining agreement.They may be eligible for FMLA and/or short-term
disability subject to the terms and conditions of the FMLA policy and/or short- term disability
program. If all paid time off is exhausted then their time off will be without pay. Rehabilitation
costs will be covered in accordance with the employee's respective health care coverage.
Employees who have failed a drug/alcohol test and are offered a return to work agreement are
subject to medically-supervised tests to detect any continued use of drugs or alcohol, ordered by
the Company, with or without cause, at any time, for the period of time recommended by the
rehabilitation professional treating the employee.
Employees who have entered rehabilitation and returned to work, but whose subsequent
drug/alcohol tests show continued use of drugs or alcohol may be disciplined up to and including
discharge.
36
The refusal of an employee to submit to a drug/alcohol test which is properly ordered under this
agreement is a violation of Company policy and may be grounds for disciplinary action,up to and
including discharge.
While PacifiCorp encourages voluntary substance abuse treatment, the company will take
appropriate action, including mandatory rehabilitation orders or disciplinary actions that
may include termination of employment, for employees who violate the prohibitions listed
in this policy and/or are deemed unfit to work due to the use of drugs and/or alcohol.
Any disciplinary actions taken continue to be subject to the grievance and arbitration
procedure contained in the collective bargaining agreement(s) between the parties.
This agreement supersedes and replaces all prior agreements and arbitration awards
between the parties regarding drug and alcohol policies and/or testing. Any modification
of this Memorandum of Agreement must be agreed to by both parties.
c4.er � 13�y if t2 f t'F
Brent Donohue / Date obcrt Clemens / Dotc
Declared Emergency
anuary 2003
During 2003 Negotiations,the parties agreed to create new parameters for working, compensation
and employee rest during extended, major restorations efforts. Timely response and employee
safety are the foundations for this initiative.
The Managing Director Field Operations or higher level management will be responsible for
announcing a Declared Emergency. A Declared Emergency occurs when the Company anticipates
having the work force on duty more than twenty-four (24) continuous hours. Once announced,
local management will inform each employee directly,if they are assigned to work under the terms
of the Declared Emergency.
The Rules of pay for employees working a Declared Emergency are as found in Article 4 of the
Agreement with the following exceptions:
1. Employees shall not be required to work any longer than 24 continuous hours unless the
restoration will be completed within 4-6 hours after the Declared Emergency has been
announced. For every 24 hour period or major fraction thereof,the employee shall be provided
up to eight hours of paid rest at their regular straight-time rate, provides that either:
a) the employee returns to work directly after the end of their rest period or
b) the employee returns at their regularly scheduled shift time due to the emergency being
declared over.
37
In the Case of situation a), the employee will return to work with no change in their pay status
from their pre-rest period pay status. In the case of situation b),the employee will be paid at his/her
straight-time rate for the rest period, even if the emergency is complete mid-way through the rest
period.
2. Once restoration is completed and the employees have completed a rest period, they shall
return to the appropriate rate of pay per the agreement.
3. The parties agree to convene a Labor/Management meeting promptly after the completion of
the first restoration completed under the terms of this Declared Emergency agreement. The
purpose of this meeting will be to review schedules, restoration time frames, safe work
practices and any other potential problems or operating practices that may be improved during
Declared Emergencies.
38
23.0 ROCKY MOUNTAIN POWER/IBEW LOCAL 57 LARAMIE
WAGE SCHEDULE AND JOB CLASSIFICATIONS
6/26/2020
Job Pay Scale 2nd 3rd 4th
Code Group Classification 1st Level Level Level Level
8142 8142 Line Foreman 49.21
8143 8143 District Line Foreman 48.39
8172 8172 District Line Foreman (Rubber Gloving) 50.81
8144 8144 Line Working Foreman 46.93
8164 8164 District Meterman 45.86
8145 8145 Journeyman Lineman 43.82
8174 8174 Journeyman Lineman (Rubber Gloving) 46.46
9473 9473 Journeyman Lineman Troubleshooter Rubber Gloving) 47.39
9472 9472 Journeyman Estimator 44.26
8153 8153 Journeyman Serviceman 43.82
1401 1401 Journeyman Lineman Troubleshooter 44.25
8175 8175 Journeyman Serviceman (Rubber Gloving) 46.46
8165 8165 Journeyman Meterman 43.82
8151 8151 Lineman Apprentice 32.86 35.94 38.55 40.31
8189 8189 Estimator, Senior 40.75
8270 8270 Estimator Apprentice 32.86 35.94 38.55 40.31
8154 8154 Line Equipment Man 27.90
8156 8156 Groundman 12.97 18.97 23.43 27.90
7252 7252 Service Coordinator A (Laramie) 26.95
7229 7229 Service Coordinator B (Laramie) 24.50
7230 7230 Service Coordinator C Laramie 22.44
7231 7231 Service Coordinator D (Laramie) 20.35
2420 2420 Meter Reader 17.70 19.30 24.14
9160 9160 Meter Reader 17.70 19.30 24.14
2437 9167 Connector/Disconnector(2) 30.79
39
23.0 ROCKY MOUNTAIN POWER/IBEW LOCAL 57 LARAMIE
WAGE SCHEDULE AND JOB CLASSIFICATIONS
6/26/2021
Job Pay Scale
Code Group Classification 1st Level 2nd Level 3rd Level 4th Level
8142 8142 Line Foreman 50.44
8143 8143 District Line Foreman 49.60
8172 8172 District Line Foreman (Rubber Gloving) 52.08
8144 8144 Line Working Foreman 48.10
8164 8164 District Meterman 47.01
8145 8145 Journeyman Lineman 44.92
8174 8174 Journeyman Lineman (Rubber Gloving) 47.62
9473 9473 Journeyman Lineman Troubleshooter (Rubber Gloving) 48.57
9472 9472 Journeyman Estimator 45.37
8153 8153 Journeyman Serviceman 44.92
1401 1401 Journeyman Lineman Troubleshooter 45.36
8175 8175 Journeyman Serviceman (Rubber Gloving) 47.62
8165 8165 Journeyman Meterman 44.92
8151 8151 Lineman Apprentice 33.68 36.84 39.51 41.32
8189 8189 Estimator, Senior 41.77
8270 8270 Estimator Apprentice 33.68 36.84 39.51 41.32
8154 8154 Line Equipment Man 28.60
8156 8156 Groundman 13.29 19.44 24.02 28.60
7252 7252 Service Coordinator A (Laramie) 27.62
7229 7229 Service Coordinator B (Laramie) 25.11
7230 7230 Service Coordinator C (Laramie) 23.00
7231 7231 Service Coordinator D Laramie 20.86
2420 2420 Meter Reader 18.14 19.78 24.74
9160 9160 Meter Reader 18.14 19.78 24.74
2437 9167 Connector/Disconnector(2) 31.56
40
23.0 ROCKY MOUNTAIN POWER/IBEW LOCAL 57 LARAMIE
WAGE SCHEDULE AND JOB CLASSIFICATIONS
6/26/2022
Job Pay Scale
Code Group Classification 1st Level 2nd Level 3rd Level 4th Level
8142 8142 Line Foreman 51.70
8143 8143 District Line Foreman 50.84
8172 8172 District Line Foreman (Rubber Gloving) 53.38
8144 8144 Line Working Foreman 49.30
8164 8164 District Meterman 48.19
8145 8145 Journeyman Lineman 46.04
8174 8174 Journeyman Lineman (Rubber Gloving) 48.81
9473 9473 Journeyman Lineman Troubleshooter (Rubber Gloving) 49.78
9472 9472 Journeyman Estimator 46.50
8153 8153 Journeyman Serviceman 46.04
1401 1401 Journeyman Lineman Troubleshooter 46.49
8175 8175 Journeyman Serviceman (Rubber Gloving) 48.81
8165 8165 Journeyman Meterman 46.04
8151 8151 Lineman Apprentice 34.52 37.76 40.50 42.35
8189 8189 Estimator, Senior 42.81
8270 8270 Estimator Apprentice 34.52 37.76 40.50 42.35
8154 8154 Line Equipment Man 29.32
8156 8156 Groundman 13.62 19.93 24.62 29.32
7252 7252 Service Coordinator A (Laramie) 28.31
7229 7229 Service Coordinator B (Laramie) 25.74
7230 7230 Service Coordinator C (Laramie) 23.58
7231 7231 Service Coordinator D (Laramie) 21.38
2420 2420 Meter Reader 18.59 20.27 25.36
9160 9160 Meter Reader 18.59 20.27 25.36
2437 9167 Connector/Disconnector(2) 32.35
41