HomeMy WebLinkAbout20240829PAC to Staff 175 Attachment A-2.pdf 11 / /
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\ Local 57 Laramie
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International Brotherhood of Electrical Workers, Local 57
Affiliated with the AFL-CIO
ROCKY MOUNTAIN Term of Agreement:
POWER June 26, 2023 — June 25, 2028
A DIVISION OF PACIFICOFP
PacifiCorp/ SEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
TABLE OF CONTENTS
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...........................................................4
Article 5.0 Union and Company Representatives ................................4
Article 6.0 Grievance Procedure .......................................................... 5
Article 7.0 Arbitration............................................................................ 6
Article 8.0 Holidays .............................................................................. 7
Article 9.0 Personal Time..................................................................... 9
Article 10.0 Short-Term Non-Occupational Disability Plan................... 11
Article 11 .0 Short-Term Occupational Disability Plan .......................... 15
Article 12.0 Apprentices ....................................................................... 16
Article13.0 Seniority............................................................................ 17
Article 14.0 Changes in the Workforce ................................................ 18
Article 15.0 Safety Rules......................................................................22
Article 16.0 Job Descriptions ...............................................................23
Article 17.0 Working Rules.........................................................25
Article 18.0 Hours of Work.........................................................28
PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
Article 19.0 Wages..................................................................29
Article 20.0 Retirement, Insurance & Leave of Absence ..................... 33
Article 21 .0 Notional Health Reimbursement Account (HRA) .............. 37
Article 22.0 Definitions ......................................................................... 38
Letters of Agreement ........................................................41
Article 23.0 Wage Schedule and Job Classifications...........................46
PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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, 2023, 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.
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2023-2028 Collective Bargaining Agreement
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.
1.4 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, 2023, up to and
including June 25, 2028, and thereafter until terminated. Either party may terminate
this Agreement on or at any time after June 25, 2028, 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, 2028, 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.
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2023-2028 Collective Bargaining Agreement
3.2.1 Neither the Company nor the Union will discriminate against any
employee or applicant as it relates to any of the terms of this Agreement,
because of race, color, religion or religious creed, age, national origin,
ancestry, citizenship status (except as required by law), gender
(including gender identity and expression), sex (including pregnancy),
sexual orientation, genetic information, physical or mental disability,
veteran or military status, familiar or parental status, marital status or
any other category protected by local, state, or federal law. The
Company and Union will cooperate to provide a work environment free
of harassment and discrimination.
Any use of gendered pronouns in this Agreement is intended to be all-
inclusive and gender neutral, and use of "they," "them," or "their"
throughout this Agreement is also intended as a gender-neutral
pronoun. Use of they/them/their shall mean a single worker or employee
unless otherwise specified. Gender-specific terms are not intended to
be discriminatory but are the trade terms used to describe certain
positions, e.g., "Journeyman." (Amended 6/26/23)
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.
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 their 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
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2023-2028 Collective Bargaining Agreement
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 District Managers or other representatives in each work location with
whom grievances shall be processed in the Grievance Procedure described in
Section 6.1.
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 their District Manager, be given reasonable
time off with pay at their regular rate to process any grievance pertaining to the work
group in which they are 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.
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2023-2028 Collective Bargaining Agreement
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 their regular rate for the
hours required for attendance at such meeting which otherwise would have been
worked by the Employee. 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 their 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.
6.3 Step Two. The Supervisor shall, within ten (10) working days, review the grievance
file, investigate as necessary, and prepare their 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 their 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. They shall forward the copies as shown
on Form 2437.
6.4 Step Three. The Company's Director of Labor Relations or their 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
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2023-2028 Collective Bargaining Agreement
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 their probationary period shall not be grievable
under the provisions of this Agreement.
6.6 Any Employee alleging that they 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 their right to settlement of such an
alleged grievance if they fail to file a written grievance within the ten (10) daytime
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 district 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.
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
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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 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
them.
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, Martin Luther
King Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day,
Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve, Christmas Day,
and for each regular full time Employee, after having completed their probationary
period, two (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 workday.
New regular employees will be allocated floating holidays according to the
following schedule:
Month of Hire Number of Floating Holidays
December 26 through April 25 2
April 26 through November 21 1
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
Beginning in payroll year 2025, the Company will either: (1) provide one
additional floating holiday (total of three (3) floating holidays), or(2) implement
Juneteenth as an observed holiday.
If Juneteenth is not implemented as an observed holiday, beginning in payroll
year 2025, the following chart will be used for floating holidays:
Month of Hire Payroll Year 2025 Number of Floating Holidays
December 26 through April 25 3
April 26 through November 21 2
(Amended 6/26/2023)
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 holiday falls
on a regularly scheduled day off, then the first workday of the Employees workweek
closest to the holiday shall be observed as their 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 the Employee
is scheduled to observe a holiday, a holiday allowance of eight (8) hours' pay at the
Employee's regular straight-time rate as defined in Section 21.7, provided the
Employee reports for work or is on paid disability leave on their 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 workday.
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.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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 the Employee's 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.
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
1st month through 4 years 144 6
1 st through 48th months
5th year through 111h 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)
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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 the Employee elects to
split their 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 the
Employee 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, the Employee shall receive holiday pay only for that day.
9.8 Personal Time Carry Over - 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 Upon 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 they retire, is terminated by the Company, is laid off,
or resigns.
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2023-2028 Collective Bargaining Agreement
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 their employ within such time as may be prescribed
by law. Each Employee, upon leaving their job to enter military service, may receive
pay for all personal time credited in their 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 their reemployment, personal time credits to their personal
bank equivalent to what the Employee would have received had they been
continuously employed throughout the preceding payroll year, less any payments
previously made to them 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 Short-Term
Disability Program Description. It is available to employees covered by this
agreement.
10.2 Cost of Plan - The entire cost of the Short-Term Disability Program shall be borne
by the Company.
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 their job shall be considered
disability for the purpose of this Section, subject to the exclusions listed under the
following Section 10.4.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
10.4 Exclusions — No Employee shall receive benefits under the Program for any
disability which is caused by:
• Intentional self-inflicted injury; while sane or insane
• Participation in a felony or in a violent disorder or riot; or
• An act of war (declared or undeclared)
• The committing of/or attempting to commit a felony or misdemeanor
10.5 Eligibility— Each full-time and regular part-time employee scheduled to work 20 or
more hours a week, 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 Non-Occupational Short-
Term 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 their personal time or supplemental disability leave
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
medical provider that the Employee is capable of (a) returning to work to their
regular job or (b) when the Employee applies for and receives insurance benefits
under the Company's Long-Term Disability Policy, but in no case to exceed a period
of 180-calendar days 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 (6th) day of disability or hours above forty (40) would
start the short-term disability qualified 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 they become unable
to perform their duties and provides medical certification from a licensed
provider substantiating a recurrence of the same injury or illness within
fourteen (14) calendar days of their return to work. If the accumulated periods
of disability exceed a total of 180-calendar days, eligibility for the Long-
Term Disability Plan will become effective.
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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
60-calendar days of unpaid leave in which to attempt to qualify for long-term
disability benefits or return to work. At the end of the 60-calendar day
period, if the employee has not returned to work or qualified for additional
benefits, 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 employment rights will be restored.
Employees who have exhausted their LTD benefit and are unable to return to
work will be provided 60-calendar days of unpaid leave in which to attempt
to qualify for such benefits or return to work. At the end of the 60-calendar
days, if the employee has not returned to work or qualified for additional
benefits, their employment may be terminated. If the employee subsequently
qualifies for 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 their 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 their 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 and remaining in their Personal Time
Bank and who does not have any hours in a supplemental Disability Leave
Bank may apply the required number of hours from their personal time bank
to bring their disability compensation provided under Section 10.7.2 up to one
hundred percent (100%) of their 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 their absence and the
reason therefor as promptly as their 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 independent medical
examination of the Employee absent because of claimed disability either during the
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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 Employee Responsibility - 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.
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 Program or the Long-Term Disability Policy 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 or functional capacity 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 medical provider;
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.
11.You decline to participate in a rehabilitation program that PacifiCorp
considers appropriate for your situation and is approved by an independent
physician.
or when insurance benefits under the Company's Long-Term Disability Income
Insurance Plan begin.
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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,
the Employee 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 their
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 their Supplemental Disability Leave
bank at the time they left active employment.
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 Short Term Program 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 their 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 Occupational Short-Term
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 that the Employee
is capable of (a) returning to work in their regular job or (b) when the Employee
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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 180-calendar
days 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 the Employee 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 their 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 their
regular straight time rate of pay.
11.5.3 An Employee who has hours credited to and remaining in their Personal
Time Bank and no hours in their Supplemental Disability Leave bank may
apply the required number of hours from their bank to bring their disability
compensation provided under Section 11.5.1 up to one hundred percent
(100%) of their 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 their regular straight-time
wages and the amount of state compensation for such period as they may be
receiving for a maximum period of 180-calendar days 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 (1st) 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.
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12.4 During the third (3rd) and fourth (4th) six-month periods of the Employee's 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 their 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 (1st) day of such service.
13.3.1 Seniority Date. Seniority status, when acquired, shall be evidenced by a
seniority date for the Employee, which shall be the date of the beginning of
their 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
(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 the Employee 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:
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(a) When the Employee resigns their employment with the Company, or
(b) When the Employee is discharged for just cause, or
(c) When the Employee is laid off for a period exceeding one (1) year, or
(d) When, following layoff, the Employee fails to report for work within three (3)
weeks after written notice from the Company by registered mail to the
Employee's 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 the Employee 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
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 bid board. Such notice of vacancy will
remain posted for seven (7) calendar days and shall state at a
minimum, the job code, job classification and location. (Amended
6/26/23)
14.2.2 Employees desiring to be considered for the opening(s) shall
complete an electronic application using the designated system via
the Company intranet, within seven (7) calendar days of the date of
the posting of such notice, setting forth their qualifications for the
job.
Openings shall be awarded within ten (10) calendar days after bids
are closed with an exception for the established apprenticeship and
Foreman vacancy joint selection processes. An Employee who bids
a job and is awarded it must accept or reject the appointment when
offered. (Amended 6126/23)
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If a bid is awarded and subsequently becomes vacant within thirty
(30) days from the date the job was originally awarded, it shall not be
necessary to again post the job. The Company shall have the
discretion to either repost the position or utilize the previous bid
sheet starting from the top. These provisions shall also apply if
another position within the same classification and headquarters
becomes available within thirty (30) days from the date of the last job
posting. When the Company exercises the use of this provision, it
shall notify the Union in advance. (Added 6/26/2023)
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) their date of hire as a Journeyman, or (2)
their 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
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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 their 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 the event, however, that an Employee
refuses transfer offered for the purpose of maintaining their 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 their own expenses to the site of the job on
which the Employee has bid or for which they has been selected provided
that if the job requires that the Employee relocate and provides an increase
in their regular straight-time rate of pay, the Employee will be reimbursed
for their 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 their dependents for a maximum of three (3) days.
14.4.2 A regular Employee transferred at the request of the Company shall have
their 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 their regularjob classification, the Employee 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.
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14.5.4 If an Employee by reason of non-occupational, temporary partial disability
is unable to perform the requirements of their regular job classification, and
in the judgement of their 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
the Employee accepts, their rate of pay during such temporary assignment
shall be the greater of (a) the rate of pay for job classification to which the
Employee is assigned, or (b) ninety percent (90%) of their 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
their 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 their 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, the Employee
may, upon request, or upon the recommendation of their Supervisor, be
assigned to another job within their 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 their
regular pay rate, their pay in the lower rated job into which the Employee is
placed shall be determined by adding to the rate of the new job three
percent (3%) of the difference between the 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 their 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 their adjusted rate.
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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 Layoff
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 the Employee was laid off,
be given an opportunity to return to a like job in order of their 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 the Employee fails, within one (1)
week of delivery of such notice, to advise the Company of their 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.
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.
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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. Deleted 6/26/23
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. The Employee 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
individual(s) under their supervision to the extent that it does not interfere with their
supervisory responsibilities; and (d) be responsible for job planning, work methods,
equipment application, construction standards and job reporting for the jobs
assigned.
16.4 Deleted 6/26/23
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. The Employee 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.
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 their assigned area and performs installation and
maintenance of customer metering equipment in that area. The Employee 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
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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, the Employee shall be advanced to
Journeyman, provided the Employee has demonstrated that they are 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 their 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. The
Employee 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 their regular meter reading, the Employee 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 appointment or justification based on project workload and job
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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 Deleted 6/26/2023
17.1 .8 The Company will provide reimbursement up to two hundred dollars ($200)
annually for Employees in the Lineman classification who submit receipts
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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:
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 shall be classified
in the Journeyman Lineman (Rubber Glove) classification with
the higher wage rate as outlined in the Wage Table of this
Agreement. (Amended 6/26123)
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 may be
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 Laramie service
territory, apprentice school and training are excluded from this provision.
(Amended 6/26/2023)
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.
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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.
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.
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.
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.
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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 a.m. to 5 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
a.m. and 8 a.m. Arrangements may be made by mutual consent between a District
Manager 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 their 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 their 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 mealtimes, and the intent is not to accommodate
such delays by payment of premium time.
Regular mealtimes are designated as follows:
a) Breakfast — 6 a.m. to 7 a.m.
b) Lunch —12 Noon to 1 p.m.
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c) Dinner— 6 p.m. to 7 p.m.
d) Suppertime —for Employee's working past midnight shall be 12 Midnight to 1
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 their regular breakfast period, the
Employee shall be provided breakfast by the Company, and if the delayed breakfast
period occurs within their regular hours of work, such time shall not be deducted
from their 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 mealtime one-half(1/2) hour, or delay it one
(1) hour without penalty. In the event an Employee is not released for a lunch or
is released outside of the delay above, the employee will receive one-and a
half times their regular rate of pay for the lunch period missed. (Amended
6/26/2023)
18.9 Meal allowance will be provided by the Company in compliance with section 18.8.
a) Regular mealtimes will be honored unless delayed upon instruction of the
Supervisor.
b) Meal allowance. The following amounts will be added to the Employee's
paycheck:
a. Breakfast $10.00
b. Lunch $10.00
c. Dinner $18.00
19.0 WAGES
General Wage Increases (GWI)
GWI 2023: 4.0% effective June 26, 2023
GWI 2024: 4.5% effective June 26, 2024
GWI 2025: 2.5% effective June 26, 2025
GWI 2026: 2.5% effective June 26, 2026
GWI 2027: 2.5% effective June 26, 2027
• Spot increase: In addition to the general wage increase, a targeted
2% journeyman classification spot increase will be applied.
General wage increases and other provisions are outlined in the term sheet,
dated June 1, 2023, and primarily contained herein, between IBEW Local 57
and the Company.
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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 their 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.
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 p.m. and 6
a.m. which are outside of their normal shift, or their 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.
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2023-2028 Collective Bargaining Agreement
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 their
shift or day shall receive pay for four (4) hours. After being on duty four (4) or more
hours, the Employee shall receive eight (8) hour's pay. An Employee relieved from
duty at their 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 District Manager 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.
19.6 An Employee working overtime must first receive approval for said overtime from
their immediate Supervisor or their representative.
19.7 An Employee called for duty before the beginning of their 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
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2023-2028 Collective Bargaining Agreement
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 their regular day off for relief, the Employee
is called back to work without a minimum of eight (8) hours relief from duty,
they shall receive one (1) hour premium pay in addition to their regular
straight time pay for each hour worked on their regular shift.
19.7.3 If required by Supervision to work their regular shift after having worked
more than four (4) hours in advance of their regular shift on that day, the
Employee shall receive one (1) hour's premium pay in addition to their
regular straight time pay for each hour worked on their regular shift.
19.7.4 If called out to work on their regular shift after a minimum of eight (8) hours
relief from duty, the Employee shall be paid at their regular straight-time
rate.
19.8 An Employee reporting to work or called from their home on other than their 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 the Employee is called within two (2) hours of the beginning of their
regular shift, they shall be paid at the overtime rate only from the time the Employee
was called or from one-half(1/2) hour prior to the time the Employee actually reports
for work, whichever is later, until the start of their 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 they return to headquarters.
Call out time with less than six (6) hours' notice shall begin when the Employee is
called and shall end when they return to the place from which they are 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.
No travel allowance for return to the place from which the Employee was called shall
be payable if the time worked extends into the Employee's regular work shift and the
Employee is released from work at the end of that regular shift.
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19.9 An Employee who is on standby duty by request of their District Manager during
their regular time off shall receive one (1) hour's straight-time pay for each eight (8)
hour period or major fraction thereof the Employee 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 the Employee 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 the Employee is
released from work under the provisions of Section 19.8 in time to return to their
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
their regular straight-time rate for each hour worked at such height.
19.12 An Employee transferred to a position in which the Employee 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.
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2023-2028 Collective Bargaining 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.
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
<A e 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
<A e 40 as of July 1, 2009 None
Age 40 as of July 1, 2009 3 Years— 7.0% 1st Year
5.0% 2nd Year
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/Western 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.
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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, 2024, the Employee contribution will be 22% of
the cost of the Plan and Company contribution will be 78% 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. (Amended 6/26/2023)
Effective January 1, 2025, the Employee contribution will be 22% of
the cost of the Plan and Company contribution will be 78% 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. (Amended 6126/2023)
Effective January 1, 2026, the Employee contribution will be 20% of
the cost of the Plan and Company contribution will be 80% 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. (Amended 6126/2023)
Effective January 1, 2027, the Employee contribution will be 20% of
the cost of the Plan and Company contribution will be 80% 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. (Amended 6/26/2023)
Effective January 1, 2028, the Employee contribution will be 20% of
the cost of the Plan and Company contribution will be 80% 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. (Amended 6126/2023)
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.
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2023-2028 Collective Bargaining Agreement
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 coverages 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.
Beginning in Plan Year 2024 (December 26, 2023), the Company match will
be increased from 65% to 100% per eligible dollar up to 6% deferred by the
employee and will be invested per the employee's direction. The definition of
pay for the employee and employer match to the Plan includes regular pay,
personal time, holiday and overtime payments. The specifics of the K Plus
Plan eligible compensation are contained within the summary plan
description and plan document. (Added 6126/2023)
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.
Note: Section 20.5 of this Agreement shall be deleted and removed (no longer
in effect) in its entirety at the close of the 2023 plan year (effective 12/25/2023)
(Added 6/26/23)
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.
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2023-2028 Collective Bargaining 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 their 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 Employee upon request to their Supervisor. The
Company will give the Union timely notice of any change in this leave 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.
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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.
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 their
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 their 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
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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 the
Employee for the Company, which period shall begin with the first day of their 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 their
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.
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.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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.
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL UNION 57
Kevin Owen
Business Manager
IBEW Local 57
ROCKY MOUNTAIN POWER
Julie Lewis
Vice President of Human Resources
PacifiCorp
Subject to the approval of the International President of the International Brotherhood of
Electrical Workers.
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PacifiCorp/IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
Letters of Agreement
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.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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
• 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 /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 employee's urine tests will be performed to detect the following controlled
substances regardless of state laws:
• Marijuana
• Cocaine
• Opiates (codeine, morphine, heroin, synthetic opiates)
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
• Amphetamines
• Phencyclidine (PCP)
• Benzodiazepines
• Barbiturates
• Methadone
• Propoxyphene
• 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.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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.
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.
tatf'lDonohue / Date obert Clemens /
Declared Emergency
January 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
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
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.
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.
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
MEW Local 57 Laramie Wage Table
Effective Effective Effective Effective Effective
Year AM
Job Classification (Level) , . - , . - , . - , . - , . -
(4%GWI) (4.5%GWI) (2.5%GWI) (2.5%GWI) (2.5%GWI)
Lines - Rubber Gloving
Dst Line Fmn (Rubber Gloving) 1 8172 8172 59.06 61.72 63.26 64.84 66.46
Jmn Lmn Troubleshooter 1 9473 9473 55.08 57.56 58.99 60.47 61.98
Jmn Lineman (Rubber Gloving) 1 8174 8174 54.00 56.43 57.85 59.29 60.77
Lines
District Line Foreman 1 8143 8143 53.93 56.36 57.77 59.21 60.69
Jmn Lmn Troubleshooter(57 1 1401 1401 49.32 51.54 52.82 54.14 55.50
Laramie
Jmn Lineman 1 3274 8145 48.84 51.04 52.31 53.62 54.96
Appr Lineman (Rubber Gloving) 6 3279 8151 46.40 48.49 49.70 50.94 52.21
Appr Lineman (Rubber Gloving) 5 3279 8151 44.44 46.44 47.60 48.79 50.01
Appr Lineman (Rubber Gloving) 4 3279 8151 42.49 44.40 45.51 46.65 47.82
Appr Lineman 3 3279 8151 40.54 42.36 43.42 44.51 45.62
Appr Lineman 2 3279 8151 38.58 40.32 41.33 42.36 43.42
Appr Lineman 1 3279 8151 35.16 36.75 37.67 38.61 39.57
Groundman 2 3296 8156 31.75 33.17 34.00 34.85 35.72
Groundman 1 3296 8156 29.30 1 30.62 1 31.39 1 32.17 1 32.98
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement
Effective Effective Effective Effective Effective
1 . . 1 . . 1 . . 1 • 6/26/2027
Year Job Pay 1 1 1 1 . 1
Job Classification (Level) Code ScaleWageWage Wage Wage Wage
Grou
Estimating
Jmn Estimator(415) 1 9472 9472 49.33 51.55 52.84 54.16 55.51
Appr Estimator 6 3736 8270 46.86 48.97 50.19 51.45 52.73
Appr Estimator 5 3736 8270 44.89 46.91 48.08 49.28 50.51
Appr Estimator 4 3736 8270 42.91 44.85 45.97 47.12 48.29
Appr Estimator 3 3736 8270 40.94 42.78 43.85 44.95 46.07
Appr Estimator 2 3736 8270 38.97 40.72 41.74 42.78 43.85
Appr Estimator 1 3736 8270 35.52 37.11 38.04 38.99 39.97
Clerical
Service Coordinator A(Laramie) 1 7252 7252 30.03 31.38 32.17 32.97 33.80
Service Coordinator B (Laramie) 1 7229 7229 27.30 28.53 29.25 29.98 30.73
Service Coordinator C (Laramie) 1 7230 7230 25.01 26.14 26.79 27.46 28.15
Service Coordinator D (Laramie) 1 7231 7231 22.68 23.70 24.29 24.90 25.52
Metering
Meterman/Dst 1 3306 8164 51.12 53.42 54.76 56.12 57.53
Jrm Meterman 1 3311 8165 48.84 51.04 52.31 53.62 54.96
Meter Reader(3rd 6 Months) 3 2420 2420 26.37 27.56 28.25 28.96 29.68
Meter Reader(2nd 6 Months) 2 2420 2420 21.08 22.03 22.58 23.14 23.72
Meter Reader(1st 6 Months) 1 2420 2420 19.33 20.20 20.71 21.23 21.76
Other
Connector/Disconnector 1 2437 9167 33.64 35.16 36.04 36.94 37.86
Line Equipment Man 2 460 8154 35.37 36.96 37.89 38.83 39.80
Line Equipment Man 1 460 8154 31.12 32.52 33.33 34.17 35.02
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PacifiCorp/ IBEW Local 57 Laramie
2023-2028 Collective Bargaining Agreement