Loading...
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