HomeMy WebLinkAbout20240829PAC to Staff 175 Attachment D-1.pdf LABOR AGREEMENT
For
POWER SUPPLY
BETWEEN
PACIFICORP
AND
LOCAL UNION 57 OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL
WORKERS
AFFILIATED WITH AFL-CIO
January 26, 2020 to January 25, 2023
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PAC I F I CO R P
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Table of Contents
Article 1 1
INTRODUCTION AND RECOGNITION
Article 2 4
UNION BUSINESS
2.3 Leave for Union Business 4
2.4 Appointment of Stewards 4
2.5 Union Dues Deductions 4
2.6 C.O.P.E. Deductions 5
Article 3 5
EMPLOYMENT, SENIORITY,JOB CHANGES
3.1 Employee Classifications 5
3.2 Posting and Bidding 5
3.3 Seniority 8
3.4 Displacement Process 9
3.5 Layoff Provisions 12
Article 4 13
HOURS OF WORK AND COMPENSATION
4.1 Hours of Work 13
4.2 Overtime 14
4.3 Compensation Provisions 17
4.4 Expense Reimbursement 19
4.5 Shift Differential 20
4.6 Travel Differential 20
4.7 Weekend - Rotation Coverage 20
4.8 Certified Mechanics 20
4.9 Multi-Unit Control Room Operator 20
4.10 Maintenance Journeymen on Shift 21
4.11 Valve Repair Certification, Mechanics 21
Article 5 21
GRIEVANCE PROCEDURE AND JOINT EXECUTIVE COMMITTEES
5.1 Adjustment And Arbitration 21
5.2 Joint Executive Negotiating Committees 23
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Article 6 24
WORK RULES AND PRACTICES
6.1 Safety And Environmental 24
6.2 Power Supply Working Rules 25
6.3 Regular & Temporary Headquarters 25
6.4 Job Site Reporting 26
6.5 Use of Contractors 27
6.6 Apprenticeships 27
6.7 Hours and Schedules 29
6.8 Shift Operations 30
6.9 Overtime Procedures 31
6.10 Performance Reviews 34
6.11 Hold Over Transportation 34
6.12 Break Periods 34
6.13 Weekend Coverage Crews 35
6.14 Training 35
6.15 Temporary Upgrade Protocols 35
Article 7 36
EMPLOYEE BENEFIT PROGRAMS
7.1 Holidays 36
7.2 Vacations and Sick Leave 37
7.3 Short-term Disability Benefit and Leave 43
7.4 Long-term Disability Benefit and Leave 44
7.5 Personal Leave of Absence 45
7.6 Medical Examinations and Return to Work Notice 45
7.7 Industrial Injury/Workers Compensation 46
7.8 Military Leave 46
7.9 IBEW/Western Utilities Health and Welfare Trust 47
7.10 Defined Benefit Retirement Plan 48
7.11 Defined Contribution Retirement Plan 49
7.12 Life Insurance Benefit 50
7.13 Employee Assistance Plan 50
7.14 Bereavement Leave 50
7.15 Random Drug and Alcohol Testing 50
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Article 8 50
DURATION OF AGREEMENT
8.1 Term of Agreement 50
MEMORANDUMS OF AGREEMENT AND LETTERS OF UNDERSTANDING
Drug and Alcohol Testing 53
Drafting and Designer Advancements 56
Payment For Meals 59
Vacation And Sick Leave Provisions For Employees Who Leave Company For 60
Fulltime Employment With I.B.E.W., Local 57
Creation Of A Taft-Hartley Pension Trust Fund 61
Maintenance Special 12 Hour back to Back Shifts 64
Shift Trades 65
Deletion Of"Journeyman Mechanic/Certified" And Clarification Of Requirements 66
To Agree With ASME Code
Power Supply Thermal Working Foreman 68
Company Housing 68
Laboratory Technician— Steam Plant 69
Classification Flexibility 70
Vacation Scheduling 73
Out-Of-Town Travel Equalization 73
Temporary Hiring Hall Employees 75
12-Hour Shifts 78
Hydro Maintenance Foreman Classification 84
Hydro Compliance Technician 86
Designer/Temporary Project Leader 88
Letter Of Agreement—Rest Period 89
Travel Time For Training 89
RE: MOA's In Previous Collective Bargaining Agreement 90
MOA's Not Included In Contract 91
Union Officials 92
Meetings 93
Index 95
Wage Table 97
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THIS AGREEMENT made and executed this 26th day of January 2020, by and
between PACIFICORP d/b/a ROCKY MOUNTAIN POWER COMPANY, a
corporation, its successors and assigns, hereinafter referred to as the "COMPANY,"
and LOCAL UNION NO. 57 OF THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, an affiliate of the AFL-CIO, hereinafter referred to as
the "UNION," WITNESSETH:
THIS AGREEMENT shall be binding upon the Company, its successors and
assigns. The Company promises that its operations covered by this agreement shall
not be sold, merged, conveyed, or otherwise transferred or assigned to any successor
without securing the agreement of the successor to assume the Company's
obligations under this Agreement. The Company expressly authorizes the Union to
seek judicial relief, without exhausting the grievance machinery, in cases involving
successorship.
That for the purpose of facilitating the peaceful adjustment of differences that may
arise from time to time between the parties hereto, and to promote harmony and
efficiency to the end that the Company, the Union and the general public may
mutually benefit, the parties hereto contract and agree with each other as follows:
Article 1
Introduction and Recognition
1.1 The Company is a public utility engaged in the public service of generating,
transmitting and distributing electric power and energy in the states of Utah, Idaho
and Wyoming. The Union has been designated and selected by a majority of the
employees of the Company, excluding management and those supervisory officials
who have authority to hire and fire, as their representative for the purpose of
collective bargaining, and pursuant to the provisions of the Labor Management
Relations Act of 1947 (29 USCA-159 (a)) has been certified by the National Labor
Relations Board as the exclusive representative of all such employees for the purpose
of collective bargaining in respect to rates of pay, wages, hours of employment and
other conditions of employment. The Union recognizes the right of each employee
to join or refrain from joining any labor organization and will not unduly solicit
nonmember employees to become members. The Union will act fairly and
impartially for all employees for whom it shall be a bargaining agency.
1.2 The Company, to facilitate the continuous performance of such service, will
meet with the Business Manager of the Union in reference to any matter coming
within the scope of this Agreement, and will cooperate with the Union in its efforts
to promote harmony and efficiency among all of the employees of the Company.
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1.3 Work of the type regularly and customarily performed by bargaining unit
employees which is being performed by employees excluded from the bargaining
unit by the NLRB order of May 28, 1971, in cases 27 - UC - 19 and 27 - UC - 20 on
the basis that such employees were supervisors, shall not be performed by such
supervisors except to the extent such work was performed by them prior to May 28,
1971, nor shall replacements for such supervisors exceed the amount of bargaining
unit work performed by their predecessors. Further, in no event shall supervisors, as
defined above, perform work regularly and customarily performed by bargaining
unit employees on a routine basis which exceeds 20 percent of such supervisory
employees' average monthly work effort.
Work performed by supervisory employees as defined in A above, necessitated
because life or property is in danger, shall not be considered work regularly or
customarily performed by bargaining unit employees for the purpose of applying
Section A hereof.
1.4 The Union acknowledges that the employees covered by this Agreement, will
not, during the term of this Agreement, be called upon or permitted to cease or
abstain from the continuous performance of the duties pertaining to the positions
held by them with the Company; and the Company acknowledges that it will not,
during the term of this Agreement, undertake to lockout or prevent such continuity
of performance by said employees insofar as such performance is required in the
operation of the Company. Any difference that may arise between the above parties
during the term of this Agreement shall be settled in the manner hereinafter provided
in Article 5.
1.5 The Union, on behalf of its members (who are employees of the Company),
represents that they will individually and collectively perform loyal and efficient
work and service and that they will cooperate in promoting and advancing the
welfare of the Company and the protection of its service to the public at all times.
1.6 In the event mandatory laws or government rules or regulations applicable to,
or in conflict with, any of the provisions of this Agreement shall become effective
and binding upon the parties hereto with respect to such conflicting provisions, this
Agreement shall be subject to modification to the extent required thereby.
1.7 Should the Company acquire any properties in Utah, Idaho or Wyoming
within the recognized jurisdiction of Local 57 IBEW of a public utility nature, or
should current properties become available for representation by Local 57, the
parties will meet for the purpose of establishing working rules, wages and hours for
the property so acquired.
1.8 Should the Company construct any new steam plants or expand current steam
generating facilities, hydroelectric stations or substations, before these stations are
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placed into operation, the parties hereto will meet for the purpose of establishing
working rules, wages and hours for the employees involved in said new stations.
Should the Company construct or acquire any combustion turbine generating
facilities, either simple cycle or combined, the parties will meet to discuss the issues
associated with the creation of a new collective bargaining agreement or an appendix
to this agreement that reflects the technology, staffing required, and operating
methodologies for such units.
1.9 Should the Company establish any new department or materially rearrange
any of its present departments so that the definitions or rules then in effect will not
apply, then the parties hereto will meet at least 30 days before said change is to be
made for the purpose of arranging classifications, wages, hours and schedules of
work.
1.10 All employees of the Company coming within the classifications covered by
this Agreement after one month's continuous employment should and, where
permitted by law, shall be required to share equally in the cost of maintaining and
operating the collective bargaining agency in accordance with its rules.
1.11 All provisions of this general Agreement are to apply unless specifically
covered or modified by a Department Rule.
1.12 Nothing in this Agreement is intended or shall be used to violate any
municipal ordinance, federal or state law, regulation, or safety standard, or any local
government requirement, nor is it intended to allow public personal danger to
continue to the detriment of the general public, the Company or an employee.
1.13 This Agreement shall be subject to amendment at any time by mutual consent
of the parties hereto. Such amendment must be reduced to writing, state the effective
date of the amendment, and be executed in the same manner as this Agreement.
1.14 Neither the Company nor the Union will discriminate against any employee
or prospective employee, in application of any of the terms of this Agreement,
because of race, color, national origin, sex, age, religion, disability or veteran status.
The Company and Union will cooperate to provide a productive and harassment-
free work environment.
1.15 The supervision and control of all operations and the direction of all working
forces, including the right to hire, to suspend or discharge for proper cause, or to
transfer employees or to relieve employees from duty because of lack of work, or
other legitimate reasons, are vested exclusively in the Company. The Company
retains the right to exercise discipline in the interest of good service and the proper
conduct of its business. An employee, who has been laid off, disciplined or
discharged or the employee's representative shall be advised of the reason or reasons
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for such action upon request, and shall be entitled to a hearing as hereinafter provided
in Article 5.
Article 2
Union Business
2.1 An employee who requests time off for Union activities in addition to regular
time off shall be granted such request if such time off will not inconvenience the
operations of the Company or increase its operating expenses; provided, further, that
such employee shall receive no compensation from the Company for such time off.
2.2 The Company will permit the Union to use reasonable space for the purpose
of posting officially signed Union Bulletins upon Company bulletin boards.
2.3 An employee elected to office in the Union or an employee appointed for
duties in the Union with the consent of the Company, who is required to spend a part
or all of his/her time in the employ of the Union, shall not lose his seniority with the
Company on account of time off for Union duties. On returning to work with the
Company, such employee, if qualified, shall be returned to the employee's original
duties at the then prevailing wage scale for such position if such position then exists;
otherwise the employee shall be given such position as the employee may be
qualified to fill. The effect of this provision is that such employee is considered to
be on leave of absence for the period of time in which the employee is employed by
the Union.
2.4 The Union Business Manager shall have the right to appoint a steward to serve
in each of the local units. The stewards will be the representatives of the Union and
will be responsible for the handling of matters related to compliance with provisions
of the Agreement in the units. Stewards will be allowed reasonable time to perform
these duties during working hours without loss of pay. Stewards and local
management will work collectively to ensure time spent addressing local issues
respects the operating demands of the work location. The Union will inform the
Company's Labor Relations Directors of the names of stewards and effective dates
of their appointments immediately upon their selection.
2.5 The Company agrees to deduct from each of their regular and regular part-
time employees, the regular monthly union dues as established by Local 57 IBEW.
Before any such deductions will be made, Local 57 shall obtain and deliver to the
Company the signed voluntary written authorization of the employee who has agreed
to these deductions. The amount of those deductions shall be paid to the Financial
Secretary of the Local Union along with a list showing the name of each employee
and the amount deducted. Monthly dues (not including initiation fees, fines or
assessments) shall continue to be deducted until the employee gives written notice
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through certified U.S. Mail to Local 57 and the Union notifies the Company to end
this deduction.
2.6 Employees may authorize the Company to make deductions supporting the
Committee on Political Education (C.O.P.E.). These deductions will be forwarded
to the Union and the means to stop these deductions will be the same as outlined
above in Article 2.5
Article 3
Employment, Seniority, Job Changes
3.1 Employee Classifications
Regular Employee
Employment in a regular position requiring eight hours per day, five days per week
of a regular work week. All Company benefit programs are available to employees
in this classification.
Regular Part-time Employee
Employment in a regularly constituted job requiring at least twenty (20) hours of
work each week. All Company benefit programs are available to this classification
as defined in this agreement.
Temporary Employees
Includes all employees not covered above. Specifically includes employees hired for
periods with known ending dates such as summer vacation relief, construction and
student employment. Participation in Company employee benefits is strictly limited
to those programs required by law.
Hiring Hall Employees
Includes employees performing work under the jurisdiction of this collective
bargaining agreement in accordance with the terms of the Memorandum of
Agreement included in the appendix of this agreement.
3.1.1 Probationary Period
All regular, regular part-time and temporary employees are subject to an initial six
month probationary period. Employees may be terminated during that probationary
period for substandard performance or any other non-discriminatory reason.
Employees terminated during their probationary period do not have access to the
grievance procedure within Article 5 of this agreement.
During the initial six-month probation period, a new, regular and regular part-time
employee will be eligible to bid only if he/she is performing satisfactorily.
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When a regular part-time employee continues on to regular full-time employment,
no additional probationary period will be required if this change of status has
occurred over 130 workdays paid from the original date of hire as a regular part-time
employee.
When a temporary employee continues on to regular employment, the probationary
period will have commenced with the date such employee last began continuous
work for the Company as a temporary employee.
3.1.2 Filling Vacant Positions
The parties hereto acknowledge that in all cases of bidding, transfer, promotion,
increase or decrease of personnel, or recall after layoff, the following factors shall
be considered, and where factors (2), and (3) are relatively equal, length of
continuous service shall govern:
(1) Length of continuous service;
(2) Minimum qualifications; knowledge, training, ability, skill, adaptability and
efficiency;
(3) Physical fitness;
If there are no current minimum qualifications for a position, the parties will meet
to determine such qualifications that are mutually agreeable.
(Exceptions to the above section are specified in Departmental Working Rules
contained in Article 6.)
3.2 Posting and Bidding
3.2.1 All positions shall be filled by posting the position for bid. Bids for the position
must be made electronically within seven (7) working days of posting. Employees
must apply on the intranet through the Electronic Application Tracking System. The
receipt date and time stamp will be used regarding timeliness of bid. The employee
with the greatest seniority shall be chosen if qualified as set forth in Section 3.1.2.
These procedures are not restricted within the Power Delivery or Power Supply
agreement, and employees have full access between agreements for these purposes.
Bids will be posted on Monday on the Company bid board for seven (7) working
days. Should no bidders accept the position or no employee apply during the first
posting period, the Company will post the position on the bid board for a second
seven (7) working day period. It is intended that all bidders must either accept or
withdraw their bids from the date that the first bid period closes until the second bid
period would start (generally five calendar days). If positions require an orientation
the bid must be accepted or rejected upon completion of the orientation.
• Union to have access to electronic bids
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3.2.2 Vacancies and new positions shall be posted for bid on all bulletin boards
within ten (10) days after the vacancy or new position occurs. For the convenience
of the Company, temporary assignments may be made for a period of thirty (30)
calendar days until bids are received and permanent assignments made.
If the Company decides that a position or vacancy will not be filled, the Union will
be notified of such decision within ten (10) days after the vacancy occurs.
3.2.3 Employees shall not be required to exercise their bidding seniority and shall
not sacrifice any future rights to bid on positions through failure to do so. An
employee who bids/bumps a job successfully and accepts it will be obligated to
move to the new job and live within a reasonable distance from their headquarters.
Reasonable distance will be determined by mutual agreement by the parties hereto
taking into account such things as response time, number of available employees,
and other conditions deemed necessary for efficient Company operation and
customer service. When a bid is awarded to an employee, that employee will be
paid at the new pay rate starting with the 11 th or 26th of the month,whichever occurs
first following the award of the bid. An employee who bids unsuccessfully on a
vacancy shall not sacrifice further rights to bid.
If a vacancy occurs for the same position within 30 days of the original bid award,
the original bid list will be used to fill the subsequent vacancy. If no one from the
original list is placed in the vacancy, a new posting will occur.
3.2.4 Name of employee awarded the position for bid shall be posted on bulletin
boards with the next weekly posting after the appointment is made.
3.2.5 It shall be the responsibility of the Labor Relations Department to distribute
bids and awards of bids to a uniform list of locations in the Company.
3.2.6 When an employee successfully bids to or is transferred to a new position
within the Company, in accordance with Section 3.1.2, such employee shall be given
a reasonable break-in period, not exceeding ninety (90) calendar days.
3.2.7 When an employee successfully bids to or is transferred to a new classification
with a higher rate of pay, the employee shall be placed in the lowest step on the new
pay schedule which will result in an increase in pay approximately equal to the step
increases within the new pay schedule, except in the apprentice classification. All
apprentices will start on the first step of the apprentice schedule, unless modified by
the Joint Power Supply Apprentice Committee.
3.2.8 When an employee successfully bids to or is transferred to a new
classification, with a lower pay schedule, the employee shall be placed in the new
schedule with a credit equal to the employee's seniority, except in no case will an
increase in wages be allowed in such transfer.
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3.2.9 The Company will be required to pay relocation assistance for employees
bidding from one geographical location to another more than 50 miles as follows:
1) Relocation assistance will be paid for all employees who bid jobs that
carry a higher pay schedule
2) Relocation assistance will be paid for all employees who bid to positions that
carry the same or lower pay schedule when bidding to a schedule 24 position
or greater.
3)Relocation assistance will be paid only once in a 2 year period of time if the
employee bids to a schedule 23 or lower position.
Relocation assistance in the amount of$3000 will be paid after the employee has
provided proof of a new relocation address to the Company.
In situations where an employee is forced to move (more than 50 miles) from one
location to another because his/her job has been eliminated, the Company will
reimburse for moving expenses. Such expenses will be limited to household
furnishings and personal effects. Moving arrangements will be made by the
employee's supervisor. An employee may choose to move their own possessions
after receiving a written estimate from the Company's contracted moving company.
The employee reimbursement for this self-move will be sixty (60) percent of the
written estimate from the Company's moving vendor.
The Company will pay mileage on an employee's automobile for one trip to the new
work location. Any other automobile or vehicle (e.g., tractor, trailer, boat, etc.) will
be moved at the employee's expense.
3.2.101n the event of a temporary curtailment in the Company, employees may be
transferred to other areas within the Company to do such work as may be available
and suitable to their skill and experience, provided that no employee of more
seniority may be displaced by an employee so transferred who has less seniority,
and Section 3.2.8 will apply regarding pay.
3.3 Seniority
3.3.1 Seniority for regular employees shall be deemed to accrue from the day an
employee last began continuous work for the Company. Seniority for bidding and
bumping will continue to accrue during periods of absence for medical reasons,
leave under Family Medical Leave Act(FMLA), short-term and long term disability.
Previously acquired seniority shall not be lost by reason of an involuntary layoff or
break in continuous work due to no fault on the part of the employee, provided,
however, that in the event of such layoffs, or breaks in continuous work, seniority
shall not accrue for the period of such absence from work.
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3.3.2 Regular part-time employees shall accrue seniority in direct ratio with the
number of hours worked per year. If a regular part-time employee becomes a regular
full-time employee, their seniority date will be established to reflect the actual hours
worked as a regular part-time employee.
A temporary employee shall not accrue seniority for bidding purposes. When a
temporary employee continues on to regular employment, seniority shall be deemed
to accrue from the day such employee last began continuous work for the Company
as a temporary employee.
3.3.3 Transfers from one work group or location to another or from one
occupational group to another will be allowed, if eligible, for thirty (30) days, with
the approval of local management. At the expiration of this time, if for some reason
it is necessary that it be extended, it can be done with the approval of the parties
hereto.
3.3.4 A seniority list shall be made and posted when this Agreement takes effect,
and this list shall remain in effect until deviations there from are decided upon.
3.3.5 Employees covered by this Agreement who leave the bargaining unit for
supervisory positions or assignment to non-bargaining positions in the Company and
thereafter return within ninety (90) days of leaving will be without loss of bidding
seniority earned prior to leaving the bargaining unit. Should such an employee return
to the bargaining unit after more than ninety (90) days in a supervisory position, the
bidding seniority the employee had earned prior to leaving the bargaining unit will
be restored after the employee has served one (1) year in a bargaining unit position.
Such employees will be placed in mutually agreed to bargaining unit positions for
which they are qualified.
3.3.6 Employees covered by this Agreement who leave the bargaining unit for other
PacifiCorp, Electric Operations bargaining unit positions and thereafter return within
ninety (90) day of leaving will be without loss of bidding seniority earned prior to
leaving the bargaining unit. Should such an employee return to the bargaining unit
after more than ninety(90) days,the bidding seniority the employee had earned prior
to leaving the bargaining unit will be restored after the employee has served one (1)
year in a bargaining unit position.
3.4 Displacement Process
3.4.1 If there is a required reduction in staffing at a location or on a fixed shift
schedule, the least senior employee(s) in the identified classification(s) will be the
individual(s) impacted by this displacement. These procedures are not restricted
within the Power Delivery or Power Supply agreement, and employees have full
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access between agreements for these purposes. The process for addressing this
situation is listed in the order they are applied, which is as follows:
1. After the Company has determined the need for a reduction in force or
adjustments to the workforce at a specific location or work schedule, the
Company and Union will meet to review the circumstances that created the
need for the reduction(s).
2. The Company and Union will review options for placing the impacted
employees into positions in a geographic proximity that would preclude
the employee from moving from their current principle residence. This
may include placing employees in vacant positions. These placements
would be in the employee's current classification or by employee choice,
a vacancy in a lower classification that they have previously satisfied the
bid qualifications, if any. It is understood that the definition of geographic
proximity is a distance of up to 45 miles from the employee's current work
location. After mutual agreement between the Company and the Union,
this distance could be expanded by voluntary agreement by the impacted
employee(s).
3. If there are multiple employees impacted by a displacement and multiple
locations or positions available, Company seniority under this agreement
will be used to allow the impacted employees to choose their work location
and position, until all impacted employees are placed in new positions or
locations.
4. If it is not possible to place an impacted employee as described above, the
employee can then displace a less senior employee under the following
conditions:
• The employee has previously held regular full time status and performed
work in or is bid qualified to perform the duties of the classification that
they desire to bump; their same classification or a lower classification that
they are qualified to perform at the time of the displacement.
• Employees will be notified in writing of their alternatives under this
paragraph and have five (5) calendar days in which to make their decision.
3.4.2 Employees will not be allowed to move up in pay schedule because of a
reduction in forces, and Section 3.2.8 will apply regarding pay. The only exception
to this will be like classifications in the Power Delivery and Generation agreements,
as mutually agreed to by the Union and the Company, at the time of the reduction.
3.4.3 If the impacted employee does not possess sufficient seniority to displace
another employee in their own classification or another classification that they are
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qualified to perform, they may accept layoff with recall in accordance with Article
3 Section 3.5
3.4.4 Additional Provisions
1. Moving expense will be paid for all employees required to change their
primary residence due to this process.
2. Apprentices cannot be displaced by journeyman or any other employee with
more seniority.
3. Displaced employees will have five (5) calendar days to identify their choice
of options identified in 3.4.1 (4) above. If any employee does not make a
decision within five (5) days, they will be laid off with recall rights.
4. All displacement will be coordinated through the Labor Relations' groups.
5. In certain operating locations placements may be restricted if a specific area
becomes severely impacted by the displacement process. In these cases the
Company and Union will review the situation and mutually agree to
temporarily restrict displacements in that area.
6. If an employee displaces another employee with lower pay their pay will go
to the level and step as established in the latest Company/Union Agreement
for bidding across or down. (Section 3.2.8)
7. Anyone displacing a position in an advancement progression must meet the
entry-level qualifications and have time in grade experience required for that
position prior to displacing such a position.
8. If two (2) employees from different locations displace the same individual,
Company seniority within Local 57 rules. The second employee will be given
three (3) calendar days to make another selection.
9. Bidding rights are maintained at all times for individuals involved in the
displacement process as per the Company/Union Agreement, until the
employee has been laid off.
3.4.5 Recall to Previous Classification
If any employee has been displaced and accepts a lower paying position, they will
retain recall rights to this classification prior to regular bidding. Vacancies in
classifications with individuals with recall rights will be offered to individuals on
the recall list in seniority order. The employee will have no more than two (2) days
to accept or reject the offer of recall. If an employee declines recall to their previous
classification, the next senior person will be offered the position until all employees
have been offered the position. If all employees have rejected this recall, the least
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senior employee will be offered recall a second time. Each employee who rejects
recall in inverse order of seniority for the second time for the specific vacancy will
forfeit their recall rights and are removed from the recall list. If all employees decline
the return to their former classification, the position will be posted for bid. With this
agreement, the recall list to previously held classifications reflects these guidelines.
3.4.6 Grandfathering
With this agreement, all grandfathering for the purpose of the displacement process
is considered expired and grandfathered employees will displace from their current
classifications and accept the rate of pay at their new classification.
3.4.7 Displacing Temporary Employees
Regular or regular part-time employees may displace temporary employees in
classifications up to and equal to their original position, provided they are qualified.
While the employee is on the temporary job assignment, they will be classified on
the payroll, for benefit purposes, as regular or regular part-time employees so their
benefits stay in place even though the employee is displacing a temporary employee
in a temporary assignment.
If the temporary assignment ends, the employee will again be allowed to displace
another regular, regular part-time or temporary employee and these displacement
rules will apply.
Regular or regular part-time employees who displace a temporary employee and are
eventually laid off will maintain their recall rights as per the Company/Union
Agreement. However, if an employee is in a temporary position and has waived their
right of recall to their original position and the temporary assignment ends for
whatever reason, such employee will be laid off with no further recall privileges.
Employees working through the Local 57 Hiring Hall are not subject to the terms
and conditions of this displacement process.
3.5 Layoff Provisions
3.5.1 The Company will give reasonable notice to employees in advance of a layoff
or transfer and will make available for inspection the names of employees who
are to be laid off.
If any employee accepts layoff with recall, they do not have bidding rights while on
layoff and will have recall rights as outlined below.
3.5.2 Should an employee who has been laid-off fail to return to work within two
(2) weeks after being notified to return to work, via certified mail at their address of
record, or if no work has become available prior to the end of three (3) years' time
from the date the employee was laid-off, whichever is earlier, the employee's
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seniority shall thereupon cease; and if later the employee returns to the Company, it
shall be without seniority. Seniority will not accrue during the time an employee was
laid-off.
If an employee has been laid off, they will be recalled as described above. In
addition, a laid off employee will be recalled to any position up to or equal to their
original position provided they are qualified and after the position has been offered
to qualified active employees through the above process and the position bid with
no qualified bidders.
If any employee is recalled within the timeframes identified their seniority will be
restored to the date that the layoff occurred for bidding, displacement and benefit
purposes.
In the event of an involuntary lay-off, affected employees shall receive COBRA
insurance benefits provided by the company. One 1) month of COBRA shall be
paid for each year of employee's service, up to eighteen (18) months.
3.6 Job Security'
3.6.1 Each employee covered under this agreement, who is active on the payroll on
the January 26, 2013, will be provided security against loss of employment
for the duration of this Agreement, subject to the following:
a. Employees hired after January 26, 2013 will not have this protection.
b. In the event of lack of work, or to respond to regulatory mandates, the
Company may reduce employees. Where this occurs, the Company shall meet
with the Union Business Manager to identify the lack of work and discuss the
impact on those employees affected.
Article 4
Hours of Work and Compensation
4.1 Hours of Work
4.1.1 Eight consecutive hours (except time out for meals) shall constitute a normal
day's work for the Company. Hours of work may be advanced or retarded from the
normal start time, by mutual agreement of the Company and Union, except where
'New section added June 2013,replacing Memorandums of Agreement:
Job Security Provisions,May 18, 2001,Delivery
Job Security,January 2003,Delivery
Targeted Voluntary Enhanced Severance Program,June 21, 2000,Delivery
Job Security Provisions,December 3, 2003, Supply
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continuous shifts or emergencies require other hours. The Company may establish
new shifts and schedules and the terms and conditions associated with such shifts or
schedules is the proper subject of bargaining. Employees shall receive a minimum
notice of five (5) working days prior to changing their current regular shift schedule.
This language applies to indefinite shift schedule changes and not temporary
changes of schedules.
4.1.2 Five days (40 hours) shall constitute the normal workweek for all employees,
the days following in sequence unless otherwise specifically provided in the
departmental working rules.
4.1.3 Employees reporting for regular work are to be credited with at least two
hours' time, whether worked or not, if their immediate superior directs that no other
work be attempted on that day.
4.1.4 When employees are required to travel out of headquarters, they are, except
in emergencies, to be notified not later than quitting time on the previous day.
4.1.5 Whenever the nature of a particular service rendered by the Company to the
public necessitates continuous regular service, the Company shall establish such
regular workweeks and shifts as are deemed necessary and desirable to enable the
Company to render such service. By agreement of the parties hereto, working hours
and shifts may be so arranged as to permit continuous work "back-to-back" over a
two-week period.
4.1.6 If the Company transfers personnel from one shift to another, no loss in
regular pay shall result. A minimum of sixteen hours off duty between shifts shall
be allowed except in emergencies or where otherwise agreed to by the parties hereto.
When the Company changes an employee's shift schedule, compensation for the
inconvenience shall be one and one-half times the regular rate of pay for the first
new shift.
4.2 Overtime
4.2.1 Overtime is the actual time worked by a regular employee other than the
employee's regular working hours. Regular part-time employees are paid overtime
when work exceeds eight (8) consecutive hours in a day or on Saturday or Sunday
or their first or second day off of their consecutive days off as described above.
4.2.2 Employees who are required to work overtime shall be paid for such overtime
as follows:
Time and One-half
• For work beyond eight (8) hours in a day or hours outside the normal daily
work schedule or work week or the regular hours or days of a temporary shift.
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• For work during the regular hours on a Company holiday
• For hours worked after satisfying the provisions within Article 4, Section
4.2.10
Double Time
• For all hours after 16 continuous hours until the appropriate break in hours
has been satisfied as described in Section 4.2.3.
• For all hours worked outside of the normal work hours on designated
Company holidays
• When multiple time and one-half pay provisions overlap, double time would
be paid during the overlap time period.
It is understood that the double time rate of pay is the maximum overtime payment
for any hour worked. This does not preclude the payment of holiday pay during a
designated holiday in addition to double time.
4.2.3 Unpaid rest periods of 4 to 6 hours, as determined by supervision, shall not
change the pay status of two times regular rate for employees who return to work
immediately after such rest periods. Rest periods of exactly six (6) hours or more
will be sufficient to change one's pay status. If such unpaid rest periods extend into
the employee's regular scheduled work hours, such employees will receive only
straight time pay for the rest period hours occurring during the employee's regular
scheduled work hours. Any call-out within two hours of an employee's regular
quitting time or within two hours of a previous call-out shall be bridged back to the
previous quitting time or previous callout for the purpose of calculating sixteen (16)
continuous hours to achieve double time compensation. Employees will be paid only
for time worked and do not receive compensation for the bridged time identified
above.
4.2.4 Any employee coming within the classifications covered by this Agreement
shall not be required to take time off during the regular working day to compensate
for overtime worked or to be worked. Compensatory time off is not authorized
within this agreement.
4.2.5 Overtime is to be distributed as equally as is practicable among the employees
employed in any classification of work where such overtime is worked.
4.2.6 A current list of employees working overtime shall be posted at their
respective headquarters, showing overtime hours worked for the month and
cumulative totals for the calendar year.
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4.2.7 When non-rotating shift employees are off duty and called back for
overtime work, overtime shall begin at the time of call unless at least seven(7)hours
advance notice of the beginning of the overtime work has been given. In no case
shall overtime be computed at less than two hours except when an employee is called
within two (2) hours before their regular shift. In this case the overtime will be paid
from the actual time of call.
When rotating shift employees are called for overtime work, overtime will be paid
from the actual time of call when response time is two hours or less. When
employees are contacted between Midnight and two-hours prior to the beginning of
a regular dayshift, compensation will begin at the actual time of call. In no case shall
overtime be computed at less than two hours unless the employee is called within
two (2) hours before their regular shift.
If prearranged overtime work is canceled with less than four hours' notice to the
employee the employee will be compensated with two hours overtime pay. The
overtime rate will be paid at the same rate as would have been paid for the first two
scheduled hours.
4.2.8 The Union will not present or prosecute claims for overtime, including
penalties, assessable under pertinent state or federal laws, rules or regulations unless
such claims are presented to the Company within sixty(60) days after the completion
of the work for which such overtime has been performed.
4.2.9 Employees who are required to work more than two (2) hours overtime after
the regular quitting time shall be compensated for a meal by the Company. The next
subsequent meal will be compensated at five and one-half (5 1/2) hours with
additional meals at intervals of not more than six (6) hours thereafter while they
continue to work. Meals will be compensated by the Company for employees who
report to work more than two (2) hours before their regular starting time, including
holidays and regular days off.
Pre-arranged overtime meals on holidays and regular days off will be compensated
as stated in "Payment for Meals" Memorandum of Agreement.
4.2.10Employees called to duty six hours or more before the beginning of regular
hours, and who work three hours or more of the six hours immediately preceding the
beginning of regular hours and all or part of the next regular hours either at
emergency or regular work, shall be paid at one and one-half times the regular rate
of pay for all hours actually worked.
Note: Only those call-outs that include time worked within the six (6) hours
immediately preceding regular hours are to be used in the application of the
paragraph.
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4.2.11 Employees called for duty less than six hours before the beginning of regular
working hours or shift hours shall be paid at one and one-half times their regular rate
of pay (except intermission for meals) from the time they are called until relieved
from duty or the beginning of the regular shift. Regular working hours or shift hours
following shall be paid at straight-time rates.
4.2.12Employees who are directed to report for work away from headquarters or to
return from such work on other than their working time, whether it is after working
hours or on regular days off, shall be compensated at prevailing overtime rates. This
ruling does not change our regularly established practice of paying expenses only
for nighttime travel by public conveyance.
4.2.13Pay 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 Company service
territory, apprentice school training, and positions receiving the seven percent (7%)
Travel Differential in their base pay is not included in this paragraph.
4.3 Compensation Provisions
4.3.1 Pay day shall be not later than the 5th and 20th days of each month, provided
that when pay days fall on Sunday or a holiday, employees shall receive their pay
on the preceding workday.
All compensation for Utah employees shall be transmitted by direct deposit.
Employees working in Wyoming or Idaho may choose to be exempt from
participating in the agreed upon requirement to have all employee pay
transmitted by direct deposit.
4.3.2 Employees of the Company shall be paid on an hourly basis, semimonthly.
4.3.3 Employees hired for temporary employment who are fully qualified to
perform the work required shall be paid not less than the regular rate established by
this Agreement for the classification under which such employees are working.
However, no employee shall be paid less than the regular rate for a period longer
than four workweeks.
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4.3.4 An employee who performs the duties of a higher classification for a
temporary period as assigned shall be paid at the prevailing wage rate for the time
actually worked on the higher classification.
The Union will not present or prosecute claims for temporary advancements,
including penalties, assessable under pertinent state or federal laws, rules or
regulations unless such claims are presented to the Company within sixty (60) days
after the completion of the work for which such temporary advancement has been
performed.
4.3.5 The Relief person shall have the same classification as that of the highest class
employee regularly relieved.
4.3.6 As far as possible, when employees are assigned to vacation, or emergency
relief of other employees, they shall receive temporary advancement according to
seniority and minimum qualifications.
Compensation for such temporary assignment shall be either the appropriate
bargaining unit pay schedule or 6% above present wage rate in the event no
bargaining unit schedule is applicable.
At termination of the relief period, employees shall have the right to return to the job
left when going on relief.
In such cases where a bargaining unit employee substitutes for a supervisor, the
employee will be paid at a rate of 10% above the employee's current rate of pay for
the time the employee substitutes for the supervisor. The employee will remain in
the bargaining unit during such time without the authority to hire and/or fire.
When there is need for a temporary foreman within any classification, the
Temporary Foreman upgrade will be offered by seniority to the affected work group.
The hourly rate of 10% above the employee's current rate of pay for all hours
worked.
4.3.7 During the term of this Agreement, the Company will pay wages to its
employees at such rates and for such classifications as are set forth in the attached
Exhibit A Part I and Part II which by reference is incorporated herein and made a
part of this Agreement.
a. GWI — 2020 2.5% effective 1/26/2020
b. GWI — 2021 2.5% effective 1/26/2021
c. GWI — 2022 2.5% effective 1/26/2022
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4.4 Expense Reimbursement
4.4.1 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.
4.4.2 Employees dispatched from regular headquarters to other headquarters will
be paid the regular wage rate for such time consumed in traveling as is lost from
their regular working period, and also all traveling expenses incurred. Transportation
facilities may be furnished by the Company.
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4.4.3 Any employee requested to use their personal vehicle on Company business
shall be compensated for such use at the current Internal Revenue Service (IRS) rate
per mile. Additionally, if the IRS makes adjustments to the reimbursement rate, the
new rate will become effective on the date identified by the IRS.
4.5 Shift Differential
Shift differential payments will be made to employees for hours worked as follows:
8 hour shift Employees:
• 7:00 am to 3:30 pm 0%
• 3:30 pm to 11:00 pm 4%
• 11:00 pm to 7:00 am 7%
10 hour shift Employees:
• 7:00 am to 5:30 pm 0%
• 5:30 pm to 11:00 pm 4%
• 11:00 pm to 7:00 am 7%
12 hour shift Employees:
• 7:00 am to 7:00 pm 0%
• 7:00 pm to 7:00 am 7%
Premiums are calculated on the employee's base rate.
4.6 Travel Differential
For positions designated as "traveling", requiring the employee to spend 50% or
more of their work nights away from home base pay increased by 7%.
4.7 Weekend - Rotation Coverage
Positions designated as weekend coverage - base pay increased by 2% if assigned to
weekend coverage rotation.
4.8 Certified Welding, Mechanics
For positions previously designated as "certified welding" positions - base pay
increased by 3%.
4.9 Multi-Unit Control Room Operator
For positions previously designated as "multi-unit" positions — base pay increased
sc
by 3%. New "Multi-unit" operators will be paid 3% above the base pay of the 1
nd rd
year, 2 year and 3 year as they progress through the certification process.
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4.10 Maintenance Journeymen on Shift
These positions will primarily perform maintenance work and operations duties that
they have been trained to do in a safe manner. The maintenance craft employee will
become a part of the rotating shift operations crew and will perform whatever duties
appropriate to repair and operate the plant. Once the employee has received he
required training for the operations duties, their base pay will be increased by 3%
for the duration they are assigned to the operations crew.
The Joint Executive Power Supply Committee will review and modify work rules as
necessary.
4.11 Valve Repair Certification, Mechanics
For positions previously designated as "journeyman plant mechanic safety value"
base pay increased by 3%.
Article 5
Grievance Procedure and Joint Executive Committees
Adjustment and Arbitration
5.1.0 Employees of the Company shall have the right to a hearing on any difference
of opinion with respect to matters of promotion, demotion, discipline, layoff or
discharge.
5.1.1 Labor disputes or differences arising between the Company and the Union
and the employees of the Company, including differences or disputes as to the
meaning, application or operation of any provision of this Agreement, or differences
referred to in the previous section, shall be settled in the manner herein provided;
and the Union confirms that there shall be no quitting or suspension of work by any
member of the Union during or on account of any such dispute or difference.
5.1.2 Grievances with respect to matters of promotion, demotion, discipline, layoff
or discharge shall be presented within ten (10) working days from the date of such
promotion, demotion, discipline, layoff or discharge. The timeframes contained
within this Article can be extended by mutual agreement of the parties.
5.1.3 All disputes or differences between the Company, the Union and the
employees of the Company shall be adjusted as follows:
Should an employee have a complaint, the employee and/or the Union Steward shall
discuss the complaint with the immediate supervisor. Failing a satisfactory
resolution of the employee's complaint, the matter may be determined to be a
grievance and shall be dealt with as follows:
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First Step:
The Grievance will be reduced to writing and submitted to the appropriate supervisor
and/or plant manager by the Union Steward. The appropriate supervisor and/or plant
manager will meet with the Union Steward and the aggrieved employee. The
Grievance will be responded to in writing and returned to the Union Steward within
a five (5) working day period.
In the case of terminations of employment, grievances will be immediately expedited
to the Third Step of this procedure.
Second Step:
The Union may request a second step hearing through the Company Labor Relations
Department within five (5) working days from the date the Company's first level
response was received. If a response is not made within the five (5) working days,
the grievance is considered closed.
If the Union requests a second level hearing within the time stated above, a meeting
must be held within fifteen (15) working days between a Union Staff representative
and the appropriate higher level of management and Labor Relations.
At the conclusion of this meeting, the Company will have five (5) working days to
respond, or the grievance will be considered closed, and the Union's requested
settlement awarded.
Third Step:
The Union may request a third step hearing through the Company Labor Relations
Department within ten (10) working days from the date the Company's second level
response was received. If a response is not received by the Company within the ten
(10) working days, the grievance is considered closed.
If the Union requests a third step hearing within the time stated above, the grievance
will be reviewed at the next monthly Joint Grievance Resolution Committee (JGRC)
meeting. This meeting will be led by the Director of Labor Relations and the Staff
of Local 57, and scheduled at least once per month. This forum is to be used to
resolve grievances prior to arbitration. A grievance may be held over to the next
monthly meeting if additional time is required to investigate the associated issues.
Both parties are committed to timely resolution of all grievances. To this end, all
pertinent information specific to a grievance must be presented to both parties at
least five working days prior to arbitration and no new information may be presented
at a future arbitration pertaining to this grievance.
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At the conclusion of this meeting, Labor Relations will have ten (10) working days
to provide the Company's response, or the grievance will be considered closed and
the Union's requested settlement awarded.
Fourth Step:
In the event a dispute or difference is not settled promptly and to the satisfaction of
the parties through one of the methods above provided, such dispute or difference
shall be submitted immediately to arbitration. The Union must request Arbitration
within twenty-five (25) working days from the date the Company's third level
response was received. An impartial arbitrator shall be selected by contacting the
Federal Mediation and Conciliation Service (FMCS) to furnish a list of seven (7)
arbitrators. From that list of arbitrators, the Business Manager of Local 57 and the
Director of Labor Relations will, in turn, strike a name from the list. The remaining
name shall be the arbitrator.
The award of the arbitrator shall be final and binding upon both parties and upon the
employee(s) involved. The fees and expenses of the arbitrator, and any other
expenses agreed to by the parties prior to the arbitration, shall be shared equally by
the Company and the Union. The arbitrator shall have the power and authority to
arbitrate only those matters expressly made subject to arbitration by the terms of this
Agreement, and shall rule only on the issues submitted in writing for arbitration. The
arbitrator shall not have power to alter or amend the Agreement.
This provision shall not be construed to prevent further conferences between the
parties hereto for the purpose of settling the dispute at any time before the decision
of the arbitrator.
5.1.4 In the event it is decided in the manner provided in this Agreement that an
employee has been suspended, demoted, laid off or discharged without cause the
employee's record shall be cleared of such charges and the seniority rights restored;
and the employee shall be reimbursed for any loss of wages resulting by reason of
such suspension, demotion, layoff or discharge.
5.2 Joint Executive Negotiating Committees
The parties recognize the value of regular and open dialogue addressing all the issues
facing the efficient operation of the Company and the Union's business.
Accordingly, the parties agree to establish the following:
Joint Executive Power Supply Committee
Meeting quarterly and as needed, these groups will be composed of the
appropriate local Directors and Managers and the Director of Labor Relations for
the Company, and a member of staff for the Union and the Business Manager's
designees. Agendas will be prepared in advance and the parties will review and
23
resolve all the issues of opportunity or concern for either party.
The charter for these committees is to negotiate collectively in a collaborative
manner, on all issues pertaining to the collective bargaining agreement. The
committee members will receive clarity on their level of authority from their
perspective leadership. Sub-committees may be formed to address specific issues
within the business and report back to the Executive Committee.
Article 6
Work Rules and Practices
6.1 Safety and Environmental
6.1.1 Management shall realize their responsibility for the safety of company
employees and the public. It shall be their duty to see that work under their
supervision is being done properly and in accordance with the company Safety Code;
that company employees are supplied with proper tools and protective devices; that
they are sufficiently instructed in the proper and safe manner of doing such work;
and that they will not be permitted to continue to do any work found to be unsafe to
themselves or fellow employees.
6.1.2 Safety is everyone's responsibility, and employees at all levels have a
responsibility for the safety of themselves and others. The company, union, and
employees are committed to maintaining the principle of providing a safe working
environment. Safety is paramount and shall never be compromised in the pursuit
of other objectives.
6.1.3 Both the Company and Union (on behalf of the employees), represent that the
Federal Occupational Safety and Health Act and all supporting regulations made
applicable to the Company will be observed.
6.1.4 For employees who are required to wear safety shoes the company will
reimburse the individual up to $80 per year. The employee may accrue the yearly
benefit for up to 3 years ($240 maximum every three years) per the Safety Shoe
Reimbursement Policy. Safety Shoe Reimbursement benefit will be made available
on the first of the year.
6.1.5 All individuals within Power Supply shall work to minimize the adverse
environmental effects that result from power generation and shall promote programs
that will improve the environment. Employees shall operate in compliance with
established environmental laws and regulations, as well as Company, Business Unit,
and local policies and procedures.
6.1.6 Where the company requires employees to use prescription spoggles, the
required prescription spoggles shall be provided by the company through a
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vendor of the company's choice. The employee shall be responsible for proper
care and maintenance of the spoggles.
6.2 Power Supply Working Rules
6.2.1 The parties agree that they may supplement this Agreement from time
to time by formulating such necessary working rules as are pertinent to the
particular work areas and operations of the Company.
6.2.2 Such additional rules by reference shall be incorporated herein and considered
a part of this Agreement and subject to its terms and provisions.
6.2.3 In the event that the Company requires any employee to install a telephone,
fax machine or other electronic equipment, the Company will provide and maintain
this equipment.
6.2.4 When one or more boilers are on bank or under pressure there shall be a
Control Room Operator (CRO) on duty. Duty is defined as in the vicinity not
necessarily the control room.
6.2.5 When an employee is required to install scaffolding within a power plant
boiler furnace, or to work from a scaffold, swing stage, or on climbers within a
power plant boiler furnace, such employee shall receive additional compensation
equal to 4% of the employee's daily base pay for each shift that the employee is
required to work from such equipment. Such compensation will not be allowed
when the employee is working from scaffolding attached to the boiler walls with
access from stairs. Overtime worked under these conditions will be calculated on the
base hourly rate.
6.3 Regular & Temporary Headquarters
6.3.1 Power Supply consists of the following bid locations: Blundell, Carbon,
Gadsby, Hunter, Huntington, Little Mountain, Naughton, and Power Supply
Support Staff. Grace Area, Ashton Area, Oneida Area, Lifton Area, Idaho Hydro
Area Maintenance, Pioneer Area, Granite-Olmsted Area, Santa Clara Area, Utah
Hydro Area, Maintenance, NTO, OUC. Classifications are identified in Exhibit A.
6.3.2 The Company, at its option, may establish "Temporary Headquarters" at
any location where suitable board and lodgings can be obtained or provided. The
determination as to whether such headquarters are temporary or permanent shall
be made and the employee so notified in advance of transfer.
6.3.3 "Temporary Headquarters" is considered to mean any headquarters
established by the Company for the purpose of engaging in work as covered in
this Agreement where such work will continue for a temporary period, defined as
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no more than ninety (90) days. After the application of this rule, regular working
rules shall apply.
6.3.4 Employees hired to work out of temporary headquarters will not be
allowed board and lodging expenses.
6.4 Job Site Reporting
6.4.1 Employees working out of headquarters, office, or shops shall travel from
headquarters to headquarters, office to office, or shop to shop on Company time;
employees normally shall report at the headquarters, office or shop where they are
regularly employed; however, employees may be temporarily assigned to report to
an alternate location within forty-five (45) road miles from their regular
headquarters, for a period of no longer than 14 consecutive days, except by mutual
agreement.
6.4.2 When management designates a job site or temporary headquarters as a
reporting location, other than their established headquarters, an employee assigned
to that location will receive zone pay according to the following schedule:
0 to 5 miles Free Zone
5+ to 15 miles $2.00 hourly
15+ to 30 miles $3.00 hourly
30+ to 45 miles $3.50 hourly
Temporary headquarters will have suitable parking and sanitary facilities.
a) Employees will be assigned on a voluntary basis for non-overtime
assignments. If the assignment is not filled from volunteers, the employee
will be assigned by least senior within classification. All employees in the
classification will be forced before the same employee is forced to take a
second assignment. The employee will travel on their own time to and from
the new work location and will be required to use their own transportation to
get to and from the temporary assignment. There may be situations in which
employees take Company provided transportation. The Company will
determine these situations.
b) When employees are working these jobs and overtime will be involved, the
overtime equalization list will be used to solicit volunteers. Overtime worked
at the temporary location will be charged on the employee's regular overtime
list. During this temporary assignment, employees will not be called for
emergency work at their home plant unless there is no other alternative.
c) Prior to employees accepting these assignments, they shall be notified of the
reporting location and proposed duration of the job. Employees who are
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assigned to rotating shifts will not be eligible for job site reporting unless agreed
to by the parties.
6.5 Use of Contractors
6.5.1 The Company will not contract any work for the specific purpose of laying off
or demoting employees.
6.5.2 The Company agrees to meet at the Union's request to discuss any proposal
from the Union to provide services currently provided by any specific contractor
in a more efficient, cost effective manner.
6.6 Apprenticeships
6.6.1 The Joint Power Supply Apprenticeship Committee (JPSAC) is comprised of
equal representatives from the Company and Union. The committee is the governing
body for the administration and training of Power Supply apprentices.
6.6.2 Apprentice positions will be filled from the Power Supply Apprenticeship
Pool. Previous pools for Plant Electrician, Instrument and Control Technician and
Plant Mechanic will be combined into one pool. Senior employees bidding an
apprenticeship will be required to attend the Plant Apprentice or Hydro Apprentice
orientation before being offered the apprenticeship.
6.6.3 Prerequisites for the Apprentice pool are:
1. Satisfactory completion of the NJATC aptitude test
2. Satisfactory completion of Power Plant Fundamentals or two years Power
Plant experiences.
3. A current performance evaluation must be satisfactory or better.
4. Approved application by both the Company and the Union.
5. Additional requirements for the apprentice pool may be established by the
JPSAC
Employees with active discipline are not eligible to apply to the pool.
*** Note*** Once the curriculum and schooling has been secured for the
Competency Based Apprenticeship Program. The Company will then implement
27
the program as defined in the Tentative Agreement Signed on 11/1/18 between
the parties.
6.6.4 Application for admission into the Power Supply Apprentice pool will
be made by submitting three copies of such application to the following:
• One (1) copy to immediate supervisor
• One (1) copy to the Union Committee
• One (1) copy to the Secretary of the JPSAC
When practical the Company will bid an apprentice position prior to hiring a
journeyman from outside this collective bargaining agreement or from outside the
company.
6.6.5 Apprentice positions in Power Supply will be bid in one of two ways:
1. Designated Locations: for training and the Journeyman position is guaranteed
at the bid location.
2. Training Location Subject to a Permanent Location: for training only and the
company guarantees that an equivalent Journeyman position will be opened
within Power Supply for each Apprentice who journeys out.
A permanent location must be secured within ninety (90) days after becoming a
Journeyman or the employee will be placed in a vacant position. Apprentices within
three (3) months of taking their Journeyman exam may bid on journeyman
vacancies. If awarded a journeyman position through bidding, the apprentice will
finish their apprenticeship at their original location before relocating to the new
location, if applicable.
Apprentices cannot be displaced through the provisions of Article 3.4
6.6.6 Apprentices must be familiar with the safety code and are required to have a
good working knowledge of first aid, including CPR. They shall expand their
knowledge of proper use of safety devices, safe working methods and facility
specifications as their apprenticeship progresses. Should it be difficult for
apprentices to gain field experience in certain phases of work in the permanent
location, they may be transferred temporarily to another location where appropriate
types of work are being done. It is understood that during their apprenticeship period
they will be required to attend Apprentice Training sessions.
Apprentices may perform work for which they have been approved under the safety
code by the Safety Committee and the Joint Power Supply Apprentice Committee,
or work under the direct supervision of a Journeyman.
Before Apprentices, other applicants and external hires may be classified as
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Journeyman, Joint examiners shall first test the Apprentices or external hires. Both
the Company and the Union shall select their Examiners. The Examiners shall pass
or fail Apprentices, other applicants or external hires based on qualifications and
exams.
6.6.7 Hydro Apprentice pay rates will be established as a percentage of the
Journeyman rate in the classification of their jobs. The percentages are as follows:
• Trainee = 75% of the associated Journeyman rate
• Operations = 80% of the associated Journeyman rate
• Mech or Elec — 85% of the associated Journeyman rate
• Mech or Elec — 90% of the associated Journeyman rate
All Apprentices may be assigned to rotating shift work or straight shifts as needed
for training purposes.
Apprentices who have served their full apprenticeship and have passed their
Journeyman test under this Agreement for rating as a Journeyman, shall be put on
that Jouneyman rate of pay.
6.7 Hours and Schedules
6.7.1 Power Supply workweek will begin at 11:OOp.m. Saturday, and continue until
the following Saturday at 11:00 p.m.
Shifts are as follows:
Non-rotating Maintenance Shifts 8-hours:
Day Shift 7:00 a.m. to 3:30 p.m.
Afternoon Shift 3:00 p.m. to 11:30 p.m.
Night Shift 11:00 p.m. to 7:30 a.m.
Non-rotating Maintenance Shifts 10-hours:
Day Shift 7:00 a.m. to 5:30 p.m.
Rotating 8-hour Shift Work:
Day Shift 7:00 a.m. to 3:00 p.m.
Afternoon Shift 3:00 p.m. to 11:00 p.m.
Night Shift 11:00 p.m. to 7:00 a.m.
Rotating 12-hour Shift Work:
Day Shift 7:00 a.m. to 7:00 p.m.
Night Shift 7:00 p.m. to 7:00 a.m.
29
Temporary 12-hour Maintenance Shifts are established for a minimum of 5 regular
workdays.
Day Shift:
7:00 a.m. to 3:30 p.m. regular hours
3:30 p.m. to 7:30 p.m. as overtime
Night Shift:
11:00 p.m. to 7:30 a.m. regular hours
7:00 p.m. to 11:00 p.m. as overtime
6.7.2 When transferring employees from one shift to another, no loss in regular pay
shall result. A minimum of sixteen hour off duty between shifts shall be allowed
except in emergencies or where otherwise agreed to by the parties hereto. When the
Company changes an employee's shift schedule, compensation for the
inconvenience shall be one and one-half times the regular rate of pay for the first
new shift. An exception to this provision is defined in Article 6.8.2 for relief
operators.
6.8 Shift Operations
6.8.1 Shift work employees may be assigned to straight shifts for purposes of
training, overhauls, outages and emergencies, to facilitate plant operation.
6.8.2 Relief operators should be used in all appropriate situations before another
operator is called out on overtime. When an operator is required to work relief which
causes a change in their regular days off, they will be paid at the rate of time and
one-half their regular rate for the first shift. In such cases, if the relief operator is
compensated for a shift change, the employee will not be credited on the overtime
record for this compensation.
6.8.3 When overtime is required to cover established scheduled shift vacancy; the
vacancy will be filled per the call out procedure.
6.8.4 In providing for emergency relief for operators on shift(as for example in case
of illness), other employees from either rotating or regular shifts and who are not
necessarily working the same schedule of hours as the employees relieved, may be
transferred to the relief duty and shall receive no overtime therefore, provided they
have received at least six hours' notice of the impending transfer to the relief duty.
6.8.5 Employees' day off shall be as mutually arranged by the parties hereto.
6.8.6 Except when relieved at their own request, operators relieved from duty in
less than four hours shall be paid for not less than four hours. If relieved from duty
after more than four hours, they shall be paid for not less than eight hours.
30
6.8.7 Whenever the Company establishes shift operations and/or maintenance,
determination of classifications, wages, hours and schedules of work will be agreed
to by the parties hereto.
6.8.8 The parties have agreed to establish a Power Supply Shift Work Committee
to develop consistent shift relief rules and other items concerning rotating shifts.
6.9 Overtime Procedures
6.9.1 Overtime Guidelines (effective December 26, 2003): These guidelines shall
govern unless otherwise agreed to and reduced to writing by the parties. It is the
intent of the parties to apply guidelines in a uniform and consistent manner where
practical. It is mutually agreed that there are differences between "Call-out, &
Hold-over Overtime" as defined in the Guidelines contained in 6.9.28.
6.9.2 The Company shall adhere to these guidelines and the Union will make every
effort to assure workers are available with a minimum of calls. The parties agree to
use a system of self- identification wherein employees will be able to indicate their
willingness and availability to work overtime.
6.9.3 Except in an emergency, overtime will not be scheduled for more than
eighteen(18)hour periods including any regular shifts associated with that overtime.
6.9.4 When it is necessary to work overtime to cover a shift, employees of the same
classification and workgroup who have volunteered and who have the least number
of total hours will be given the first opportunity for the overtime.
6.9.5 The Company will maintain a list for each classification within a work group.
This list will include actual overtime hours worked either in or outside an
employee's classification, available overtime hours (red hours), and total hours (red
plus actual). All bargaining unit employees will have their name on the list and how
they can be contacted after hours. A Master Overtime List will be made available
to employees at each location on a regular basis plant by plant.
6.9.6 Red hours will be assigned to all eligible employees in a classification not
on the overtime volunteer list who have lower total hours than those individuals
who work the overtime in an amount equal to the actual hours worked up to a
maximum of 18 hours per day.
6.9.7 A second list will be maintained for people who have volunteered to work
outside of their classification, for work they are qualified to perform. Employees
must be on the volunteer list within their own classification to be eligible for
overtime outside of their classification.
6.9.8 Overtime availability must be communicated no later than 3 hours after the
beginning of the shift. As employees report to work each day the Company will
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provide a mechanism by which employees may indicate their willingness to work
overtime. One mechanism will be for those employees who are available and have
an interest in working in their classification on that day. A second mechanism will
be for those employees who are interested in working overtime on that day and in
any location at the Plant where they are trained to safely perform the required duties.
This indication of a willingness to work overtime will be valid from the beginning
of the employee's shift through the beginning of the employee's next scheduled
shift excluding days off.
6.9.9 Employees not scheduled to work for reasons of vacation, regularly scheduled
days off or Holiday may indicate their interest in working overtime on these days
off by contacting the Generation Clerk who maintains the overtime list. This contact
must be made no later than 9:00 AM. Employees may indicate a willingness to work
overtime for specific days or for blocks of days during these scheduled days off.
6.9.10 If an employee has volunteered for the daily overtime and an emergency
arises and they need to have their name removed from the volunteer list, it is the
employee's responsibility to contact their supervisor as soon as possible. The
supervisor must then make necessary notification to have an employee's name taken
off the list. Employees, who have placed their name on the volunteer list and
subsequently request and are granted vacation, will be removed from the volunteer
list until they return to work on a regular scheduled shift, and place themselves on
the volunteer list.
6.9.11 It is the employee's responsibility to verify that the list reflects the
employee's volunteer status for the time period specified by the list.
6.9.12 When the need for overtime occurs, the employee in the particular
classification or work group who has the least total hours will be the employee
contacted for the overtime opportunity. Employees who do not have the lowest total
hours may be asked to stay with "Low Man" where job continuity is required.
6.9.13 Overtime assignments associated with unit overhauls, planned outages, etc.,
may be made for the duration of the work assignment. When the overtime
assignment exceeds seven (7) calendar days, opportunity for reassignment will be
given to volunteers.
6.9.14 If no employee volunteers for the overtime it will become necessary to force
employees in the classification to perform the required work. In this situation
employees with the least number of actual overtime hours worked will be required
to work.
6.9.15 In the event an employee is unable to respond to a force, a department level
or plant manager's level authorization with written documentation that supports the
32
legitimacy of the failure to work will be required. (Calling the control room and
being placed on the sick list is not considered proper notification in a force situation.)
Employees should understand that refusal to work when being forced is a form of
insubordination and serious disciplinary action could result.
6.9.16 Lunch periods worked will not be considered to be an overtime opportunity
but, overtime worked during a lunch period will be logged on the overtime list.
6.9.17 The supervisor or control room operator initiating the call for overtime will
log pertinent data concerning all attempts made in person or by telephone, including
time of call. When contacting employees by telephone, a call will consist of six (6)
rings or a message left on an answering machine including the time of day and call
back information.
6.9.18 Employees who are on vacation will not be contacted for overtime work
unless they have indicated to the Company of their willingness to do so. For this
purpose, vacation is considered to be that period of time including all regular days
off immediately before, during, and immediately after the scheduled vacation.
6.9.19 Employees may request to be contacted for overtime during their scheduled
vacation periods by contacting the Company. The company will only contact these
employees if no other volunteers are obtained from the overtime list. If any
employee makes this request, all applicable rules will apply.
6.9.20 Employees who have called off sick and have been logged on the sick list
will not be contacted for overtime. Logging on the sick list must be done before the
beginning of the shift.
6.9.21 Overtime worked by an employee who is temporarily assigned to a different
classification will be added to overtime record in the employee's regular
classification.
6.9.22 An employee's position on the overtime list will be carried forward into the
succeeding year for the purpose of offering employees overtime work. On December
31 st of each year the overtime list will be zeroed. Employees will stay in the same
order as they were at the end of the previous year using one-hour increments as
placeholders.
6.9.23 Employees must provide a current and accurate phone number or an alternate
means of contact. An employee must be able to respond to a call-out within one hour
of the call or make arrangements with the calling supervisor.
6.9.24 New employees will be averaged in to their respective classification or work
group. The employee will be placed in the middle of the actual and total overtime
hour's columns.
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6.9.25 An employee who has been off of work for 30 consecutive work days or more
will be placed back on the overtime list at the same level that he/she was at when
their leave from work began. Example: If the employee was fifth from the low man
when they went on leave they will be fifth when they return to work. The actual
number will be an average of the individual above and the individual below the
employee at the time they return.
6.9.26 If the employee was at the number one position when they left, they will be
number one when they return. The spread will be the same as it was between the
first and second position when the employee left.
6.9.27 If the employee was high on overtime list when they left, they will be high
on the list when they return to work. The spread will be the same as it was between
the highest employee and the next highest employee when the employee went on
leave.
Disciplinary action will be taken against anyone who deliberately violates these
overtime rules.
Guidelines:
Hold Over
1. Volunteers will be utilized first
2. Offer overtime using current list starting with low person
3. Force as needed using force list
Call-outs
1. Use call-out procedure in section 6.9 of Collective Bargaining Agreement.
6.10 Performance Reviews
6.10.1 With the dramatic changes in the Power Generation business and the need for
all employees to enhance their skills, it is important that employees are given timely
and accurate feedback on their performance and training level. Performance
evaluations will be re-established to help develop individual training and
performance plans. The Joint Executive Power Supply Committee (JEPSC) will
work together to develop the format and standards for employees performance
reviews.
6.11 Hold Over Transportation
6.11.1 The Company will provide transportation to employees who are held over for
overtime and do not have transportation home as a result of the holdover overtime.
6.12 Break Periods
6.12.1 There shall be 2 fifteen minute paid break periods. The first break period shall
34
be between the starting time and lunch period. The second shall be between lunch
period and ending time.
6.13 Weekend Coverage Crews
6.13.1 If a holiday falls on Monday, Tuesday or Wednesday, the crew going off
will cover the holiday. If a holiday falls on Thursday or Friday, the crew coming
on will cover the holiday.
6.14 Training
6.14.1 Power Supply Management shall provide a minimum of eight (8) hours of
paid time yearly for the joint training of management and union stewards. The Union
may also provide separate training for its stewards for which the company will
provide up to eight (8) hours annually per steward.
6.14.2 In order to bid any non journeyman classification within Power
Supply, candidates must have two years power plant experience or have
completed Power Plant Fundamentals.
6.14.3 The Company shall provide adequate training and time for that training
as required for all employees. Additional rules shall apply to Apprentices.
6.15 Temporary Upgrade Protocols
6.15.1 It is not the intent of the management to avoid posting regular positions by
utilizing temporary assignments. Temporary assignments lasting more than 6
months require mutual agreement between the parties. An employee may be
assigned temporarily to perform the duties of a higher classification for which the
employee is qualified.
6.15.2 For temporary job vacancies of 30 days or less, the senior qualified employee
in the core work group may be upgraded. This employee will remain on their original
overtime list.
6.15.3 For temporary job vacancies of more than 30 days, the senior qualified
employee in the same plant shall be upgraded. This employee will be placed on the
overtime list in the new classification and an employee status change to the new
classification will be completed. All overtime worked in the new classification will
be carried back to their original classification.
6.15.4If a temporary assignment lasts more than 6 months, the temporary
assignment will be discontinued unless there is mutual agreement to extend. At the
end of the temporary upgrade, employees will return to the job they left before
accepting the upgrade.
35
Article 7
Employee Benefit Programs
7.1 Holidays
7.1.1 Holidays recognized by the parties shall be as follows: New Year's Day,
Human Rights Day, celebrated on the third Monday in January, Memorial Day, July
4th, July 24th, Labor Day, Thanksgiving Day, The Day After Thanksgiving and
Christmas Day, and one Floating Holiday.
The Floating Holiday must be scheduled with management prior to being granted. If
an employee is called to work from a scheduled Floating Holiday they will be
considered to be working a holiday and paid accordingly. The floating holiday must
be taken in the payroll year that it is allocated and cannot, for any reason, be carried
into the following payroll year.
When a holiday occurs on an employee's regular workday, that day shall be the
holiday for that employee.
For employees working a Monday through Friday workweek: When a holiday falls
on Sunday, the following Monday shall be recognized as the holiday. When a
holiday falls on Saturday, the preceding Friday shall be recognized as the holiday.
For employees working a schedule other than a Monday through Friday workweek:
When a holiday falls on the first day off in any workweek, the preceding workday
shall be recognized as the holiday. When a holiday falls on the second day off in any
workweek, the following workday shall be recognized as the holiday.
7.1.2 When a holiday occurs during an employee's normal workweek, an employee
who is either scheduled or called out to work on such holiday, in addition to holiday
pay, will receive an amount equivalent to time and one-half(1 1/2) rate for regular
hours worked and two times (2) the regular rate for all additional hours worked.
Temporary employees who are required to work on holidays will be paid at time and
one-half the regular rate of pay for all hours worked.
Employees called out on a holiday will receive an amount equivalent to time and
one half(1 1/2) the regular rate for hours worked during their regularly scheduled
shift and two times (2) the regular rate for all hours worked prior to or after their
regularly scheduled shift.
36
7.1.3 Regular part-time employees shall receive holidays as follows:
Hours of Holiday Pay for Allocation Rate for
Work Regular Floatine Holiday
Under 20 0 0
20-29 6 6
30-35 7 7
Over 8 8
If a regular part-time employee's actual work schedule deviates from the defined
work schedule identified above for an extended period of time, the local
management and steward will meet to review the reasons for this deviation and
determine if a new defined work schedule is appropriate. If a new defined work
schedule is implemented, adjustments to the pro-rated benefit schedules within this
Article would be warranted, beginning from the time the actual hours worked mirror
the new defined work schedule.
7.2 Vacations and Sick Leave
December 26, 2013 eligible employees will receive a 2014 allocation of sick leave
and vacation equal to 6 months. Commencing with the June 26 - July 10, 2014 pay
period, and thereafter, sick leave and vacation will be accrued and allocated on an
hourly basis each per pay period.
7.2.1 Vacation
All regular employees will be entitled to vacation in accordance with the following
schedule:
• Vacation Allocation
• Allocation of vacation will be made twice per year; on December 26 and on
June 26.
• Eligible employees will receive an allocation equal to 6 months service
according to years of service.
• Allocations will be earned during the six (6) months following the allocation.
• At the time of termination, retirement or death employees having used the
allocation in excess of what is earned shall have a pro rata deduction taken
from their final pay. Authorization for this deduction shall be deemed to have
taken place at the time of the ratification of this collective bargaining
agreement.
• The definition of Full Calendar Years of Service is from January .1 st through
December 31 st of the following year when making this allocation at the
beginning of the new payroll year, specifically December 26th. Additionally,
37
employees hired between December 26th through the 31 st of a calendar year
will receive 48 hours of vacation initially and go to the 2nd through 4th year
schedule on December 261h of the following year.
In Year of Hire
Month of Hire Hours of Vacation
December 26t' through February 24
March through April 20
May through June 25, 2014 16
Years of Service SemLannual Pay Period Accrual
After st
Full Year 2 2-000
2-4
25+ 120 10.000
A signed Authorization for Payroll Deduction is required for employees to take
vacation prior to it being earned. Supervisors should ensure that all employees
affected by this provision are required to complete the form attached to this
communication and return the completed form to PacifiCorp Payroll at LCT
1800.
Vacation Allocation Chart* Subsequent Years
Years Semi —
Of Annual
Full Annual
Vacation
Calenda Hours of
Allocation
r Year Vacation
of December
2013
Service
1st 48 24
2-4 80 40
5-9 120 60
10-14 160 80
15-24 200 100
>25 240 120
38
Employees with a tier advancement anniversary date before June 26„ or January
Pt will receive the greater tier six month allotment at the commencement of the
Allocation period.
All employees are eligible to carryover eighty (80) hours of vacation annually.
Unused vacation above eighty (80) hours on December 25' each year will be
credited to an individual Supplemental Account with no maximum limit. The
supplemental account can only be used to supplement short term disability, worker's
compensation, and upon retirement the Retiree HRA.
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 their entire time
worked for the Company when calculating this allocation. This bridging of service
will apply to all Company-provided benefit programs.
Regular part-time employees shall receive vacation allotment as follows: However,
this prorated benefit will be applied to the schedule above based on the number of
calendar years the employee has provided service as a regular part-time or regular
full-time employee.
Hours of Work per Week Allotment Rate
Under 20 0%
20-29 75%
30-35 88%
Over 35 100%
A temporary employee shall not accrue vacation. When a temporary employee
continues on to regular employment within the same calendar year as they began
their temporary employment, vacation shall commence to accrue from the day such
employee last began continuous work for the Company.
Note: Continuous work being 8 hours a day, 5 days a week of a regular work week.
7.2.2 Earned and unused current year vacation allocation will be paid at the current
regular rate of pay to the employee upon termination or retirement, or to the
beneficiary of a deceased employee or their estate if there is no identified
beneficiary.
7.2.3 Sick Leave
All new regular employees will be entitled to sick leave in accordance with the
following schedule:
39
New Hires
Month of Hire Hours of Sick Leave
December 26th through 24
February
March through April 20
May through June 25 16
Subsequent Years
Annual
Years Of Hours Pay Period
Service of Sick Accrual
Leave
0-1 48 2.000
2+ 80 3.333
Sick leave may be accrued at the rate of eighty(80) hours per full calendar year after
the first year of service. The Union will work in cooperation with the Company to
see that sick leave benefits are utilized for the purposes defined within this
agreement.
Regular part-time employees shall receive sick leave accrual as follows:
Hours of Work per Week Accrual Rate
Under 20 0%
20-29 75%
30-35 88%
Over 35 100%
A temporary employee shall not accrue sick leave. When a temporary employee
continues on to regular employment within the same calendar year as they began
their temporary employment, sick leave shall commence to accrue from the day such
employee last began continuous work for the Company.
7.2.4 Employees shall not receive pay in lieu of vacation.
7.2.5 At the option of the Company, vacation and sick leave allowances in excess
of those herein provided may be granted by the Company applicable to the year for
which they are announced, provided that any such additional allowances will be
available to all employees qualifying therefore on the basis of seniority.
7.2.6 Earned vacation time may be applied during the effective years as sick leave
40
for STD. However, all accumulated sick leave must be exhausted before vacation
time can be used for this purpose.
7.2.7 Vacations as provided in this Article shall be in accordance with the following
provisions:
(1)Selection of vacation periods shall be made according to seniority in each group,
provided that the department head for good cause may change any selected date if
necessary for the performance of the Company's public service. Vacation schedules
for each particular year are to be worked out as promptly as possible and are to be
planned to avoid disruption of work and to occasion as little inconvenience and
additional expenses to the Company as possible.
(2)The vacation period shall be calculated with consideration of any intervening
holidays.
(3) All use of vacation is subject to management approval. Denial of such approval
shall not be unreasonable or arbitrary.
7.2.8 Employees, with the consent of the department head, may elect to split their
vacation as needed. In such event the right of selection by seniority shall apply to
the first period selected. When scheduling of relief personnel is required, reasonable
notice of intent to take vacation may be required by department management.
7.2.9 Employees entitled to vacation, sick leave, who are absent from work due to
injuries sustained in the line of duty, may elect to take their vacation and sick leave
allowances during such absence from work. If during such absence an employee
receives compensation under any State Workers Compensation Law, the amount of
any such payment received shall not be deducted from the employee's vacation and
sick leave allowances. The total amount to be received by the employee, either by
paycheck or by payments under such Workmen's Compensation Acts, shall be equal
to, but shall not exceed the employee's regular pay.
7.2.10 Employees will be allowed to use their sick leave, in hourly increments, for
the following reasons: illnesses or injuries, accidents, doctor appointments, dentist
appointments and family medical emergencies.
7.2.11 Unused sick leave will be accumulated up to a balance of a maximum 200
hours. Unused sick leave above the 200 hour accumulation on December 25' each
year will be credited to an individual Supplemental Account with no maximum limit.
The supplemental account can only be used to supplement short term disability,
worker's compensation, and STD upon retirement.
• Sick leave may not be used to attend funerals and bereavement leave is
defined in Section 7.15 of this Article. Sick Leave At the time of termination
41
or retirement employees will normally be paid 100% of accumulated sick
leave, up to 160 hours, at the employee's current rate of pay at the time of such
retirement or termination.
• If a retiring employee provides three calendar months' notice, or upon death,
the employee shall be paid up to 200 hours of accumulated sick leave at the
employee's current rate of pay at the time of retirement or death.
• In the event of death, such payment shall be made to the employee's
beneficiary or their estate if there is no identified beneficiary.
In order for a retiring employee to receive the additional 40 hours of accumulated
sick leave the following process must be adhered to:
• At a minimum of three calendar months prior to retirement the employee
must provide written notice of their intent to retire.
• The notice must specify the retirement date being selected by the employee.
• The notice of retirement must be sent to the employee's direct supervisor with
a copy to PacifiCorp Human Resources and a copy to the employee's
Managing Director or Vice President.
• A copy of the notice will be placed in the personnel file of the employee.
• The individuals identified must receive the notice of retirement at least 3
calendar months prior to the actual retirement date.
• Should an employee change the selected retirement date to a date earlier than
three calendar months that employee shall not be eligible to receive the
benefit.
All other sections of the respective current Collective Bargaining Agreements and
memorandums of Agreements not specifically mentioned will remain in place for
the duration of the agreement.
7.2.12 Unscheduled Sick leave utilized the day before or the day after a paid holiday
as defined in Article 7 Section 7.1.1 has significant detrimental impact to the
Company's operation. Employee's desire approved paid time off in association with
such holidays and the Company schedules the maximum number of employees off
on such days in order to accommodate these requests. Likewise, unscheduled sick
leave utilized repeatedly on days surrounding scheduled days off has significant
detrimental impact to the Company's operations. Employees who establish a pattern
of unscheduled sick leave utilization in association with Company paid holidays or
their scheduled days off will be provided notice of such pattern absences and
continued absences in this regard will result in progressive discipline.
7.2.13 Sick leave benefits are not additional vacation days and are to be used for the
reasons defined in Section 7.2.10 of this agreement. An Employee unable to report
42
for work because of illness or injury shall notify the designated supervisor of their
absence and the reason for their absence as promptly as their available means of
communication permits. Sick leave benefits will not be paid for any period of
absence in which an Employee fails, without good cause, to give prompt notice as
described above. The Company may require an employee to provide medical
evidence to substantiate their absence.
7.2.14 Misrepresentation by an Employee of the facts with respect to any sick leave
utilization shall disqualify the Employee for such benefits, and will result in an
investigation of the employee's conduct consistent with Company policy.
7.2.15 Time paid for but not worked that falls in an employee's normally scheduled
workweek shall be included as time worked for the purpose of calculating overtime.
7.3 Short-term Disability Benefit and Leave
7.3.1 The Company will provide a Short-term disability (STD) benefit to cover
periods of extended absence from work due to personal injury or illness. A Plan
summary is available to all employees. This benefit equals 75% of regular pay and
covers absences for up to 180 days for each unrelated illness or injury. There is a
forty(40)regular working hour waiting period for this benefit, or a pro-rated amount
for regular part-time employees and employees can utilize their sick leave or
vacation during this time.
STD benefits for normal pregnancies will be six (6) weeks and STD benefits for
Caesarian deliveries will be eight (8) weeks.
7.3.2 Employees can supplement this benefit to receive 100% of their regular pay
first by use of any available balance in their Individual Supplement Account then
any available vacation or sick leave balance.
7.3.3 Employees who have exhausted their STD benefit and have not qualified for
Long-term disability benefits and are unable to return to work will be provided two
additional months of unpaid leave in which to attempt to qualify for long-term
disability benefits or return to work. At the end of these two months, if the employee
has not returned to work or qualified for additional benefits, 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.
7.3.4 A notional Health Reimbursement account will be established for eligible
employees of IBEW Local 57 at retirement to use for retiree medical and
premium expenses. The Company and the Union agreed that employees who
retire (i.e. age 55 with 5 years of service or 55 with 10 years of service depending
on hire/rehire date) would be eligible for this account.
43
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 date of hire) accumulated
supplemental hours will be valued at 65 percent of the employee's current base
wage and a notional health account will be created and funded for the employee.
The account will be managed by the third party administrator of the
Company's choosing, currently WageWorks.
The notional health reimbursement account will be available for the retiree and
any eligible dependents to use for monthly medical premiums, deductibles, co-
pays and all other eligible expenses per Internal Revenue Service Guidelines
and provided for under the PacifiCorp Retiree Health Plan.
A surviving spouse or eligible dependent that is 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.
In the event of an active employee death who is of retirement age 55 and older
5 or 10 years of experience (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 OneExchange (name change to
Via Benefits) for the purpose of Medicare benefits as approved by the IRS. This
is typically done in February of each year. The funds with third party
administrator will be eligible for use until the transfer occurs.
7.4 Long-term Disability Benefit and Leave
7.4.1 The Company will provide a Long-term disability (LTD) benefit to cover
periods of extended absence from work due to personal injury or illness. The Plan
document drives the delivery of this benefit and the Summary Plan Description is
available to all employees. This benefit equals 60% of regular pay and covers
absences after 180 days of STD benefits for each unrelated illness or injury. This
benefit will continue for twenty-four (24) months and may extend beyond that
timeframe if the employee becomes qualified for Social Security disability benefits
and is unable to perform all occupations.
7.4.2 Employees who return to work from LTD will have the following options in
the order listed:
1. Return to their previous classification and location that is currently vacant.
44
This would include new classifications resulting from negotiated changes to the
employee's previous classification while they were on LTD.
2. Displace a less senior person who currently occupies their previous
classification at that location
3. Access to all rights under the displacement process
Employees returning from LTD or on LTD have the right to bid on vacancies under
the terms of this agreement provided they are physically able to perform the work
and meet the qualifications of the position, if any.
Employees who return to work from LTD during a calendar year will begin to accrue
vacation and sick leave upon their return based on years of service.
7.4.3 Employees who have exhausted their LTD benefit and have not qualified for
Social Security disability benefits and are unable to return to work will be provided
two additional months of unpaid leave in which to attempt to qualify for such
benefits or return to work. At the end of these two months, if the employee has not
returned to work or qualified for additional benefits, their employment may be
terminated. If the employee subsequently qualifies for Social Security disability
benefits and additional long-term disability benefits during the next four months, (a
total of six months) they will be viewed as having qualified for such benefits and
their rights will be restored.
7.4.4 Employees who have been terminated at the end of the twenty-four (24)
months of LTD benefits associated with a mental health disorder may have
additional rights as outlined in a separate agreement between the Union and the
Company.
7.5 Personal Leave of Absence
7.5.1 With written approval of the operating Director or Managing Director and
written concurrence of the Director of Labor Relations a maximum of six months'
leave of absence may be granted to employees for reasons other than illness,
provided they can be spared from duty. Employees on such leave of absence shall
not be deemed to have forfeited seniority rights accrued prior to leave of absence.
Such employee shall receive no compensation from the Company for this time off
and details of the leave will be included in the application.
7.6 Medical Examinations and Return to Work Notice
7.6.1 The Company reserves the right to require physical examinations of its
employees in accordance with its rules and regulations.
7.6.2 Employees, on rotating shifts, returning from sick, accident or other
unscheduled absence must give at least one shift notice before returning to work.
45
7.6.3 Employees who are absent from work for a period of more than six months
by reason of curtailment of employment or injuries incurred while on duty may be
required by the Company to pass the regular physical examination required at that
time by the Company for new employees. The Company will pay for such
examinations.
7.7 Industrial Injury/Workers Compensation
7.7.1 An employee of the Company, who is injured while on duty, shall be entitled
upon recovery to return to the employee's former position without loss of seniority,
provided the employee is physically and mentally qualified to return to work. The
Union confirms, on behalf of the employees of the Company, that any employee
advanced or transferred during such absence will consent to such demotions as are
necessary to make room for such employees returning to work.
7.7.2 The Company will provide a benefit to any employee injured on the job equal
to 75% of their regular pay commencing with the date of injury for absences up to
180 days for unrelated industrial injuries. This benefit is coordinated with the state
provided workers compensation benefit. This benefit can be supplemented in the
same means as the STD benefit described in Article 7.3.2 above. At the end of 180
days of coverage, the employee is subject to the provisions of the LTD benefit
described in Article 7.4 above and the benefit under this Article 7.7.2 will cease.
7.7.3 After an employee has returned to work from an industrial injury, the
Company agrees to grant paid leave at 75%of the employee's current rate for follow-
up medical visits. This benefit can be supplemented in the same means as the STD
benefit described in Article 7.3.2 above.
7.8 Military Leave
7.8.1 An employee covered by this Contract who, in order to perform active service
in the military forces of the United States, has left or shall leave a position with the
Company other than a temporary position, and thereafter returns to the Company
within 90 days after satisfactory completion of service or training in such forces, and
presents a certificate to that effect, shall, if qualified to perform the duties of such
position, be without loss of seniority, restored thereto or to a position of like
seniority, status and pay, unless circumstances have so changed as to make it
impossible or unreasonable to be so restored. The following stipulations shall apply
to employees returning from military leave:
1. They shall be given the benefit of vertical increase of pay granted during their
absence.
2. They shall be allowed accrued vacation or sick leave benefits for the year in
which they return to work.
46
3. They shall be given accrued seniority for bidding and, if need be, for bumping.
7.8.2 Leave without pay for the purpose of attending regular training sessions, such
as military training sessions, will be granted to employees who are members of
reserve units of the Armed Forces or of the National Guard.
Military Leave Temporary Duty will be granted by the employee's supervisor upon
prompt presentation of the official notice from the military unit concerned. Such
leave will be granted by a letter signed by the supervisor, addressed to the employee,
with a copy to the Human Resources Department.
7.9 IBEW/Western Utilities Health and Welfare Trust
7.9.1 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 7.9.2 and any changes to Company and employee
contributions for future calendar years will be communicated in October of the
preceding year.
7.9.2 These contributions will be divided in half and deducted on a per paycheck
basis. Additionally, these deductions will be made on a pre-tax basis in accordance
with Section 125 of the IRS code.
Employees will also have the option of choosing a non-contributory benefit plan that
will provide a different level of benefits and is described in the applicable summary
plan description.
Effective January 1, 2012 the Employee contribution will be 25% of the cost of the
premium Plan and Company contribution will be 75% of the cost of the plan until
December 31, 2013.
Effective January 1, 2014, and for the duration of the agreement, the Employee
contribution will be 25% of the cost of the Plan and Company contribution will be
75% of the cost of the plan based upon the cost of the comprehensive plan and
employee enrollment. These contributions will be determined and communicated in
October each year.
Regular part-time employees will be allowed to choose the appropriate level of
coverage from the above options and the Company will make the associated monthly
contribution.
7.9.3 All present and future retirees who were employed before January 1, 2007
will be covered by the Company's Retiree Medical, Dental, Vision and Life
Insurance Plans. New Hires employed on or after January 1, 2007 will be eligible
for access only to the Company's Retiree Medical, Dental and Vision Insurance
Plans upon reaching age 55 with ten (10) years of service, responsible to pay the full
47
premium.
For retirees hired before January 1, 2007, who obtain age 65 or become eligible for
Medicare, the Company will establish a Health Reimbursement Arrangement
(H.R.A.) for the retiree to use to purchase medical insurance on the private market
through the company's third party administrator (currently Extend Health) for the
retiree and any eligible dependents. This account will be established the first of the
month in which the retiree turns age 65 or becomes eligible for Medicare. If the
retiree should die prior to their eligible dependents, their eligible dependents will
continue to receive an annual HRA allocation and have access to the HRA for
purchasing medical insurance. The amount of the annual HRA allocation is
determined based on the retiree's age and service points at retirement as set forth
below:
Age & Service Annual HRA Allocation per Person(maximum of
Points three people)
89.5 and over $1,575
84.5 - 89.4 $1,400
79.5 - 84.4 $1,225
74.5 - 79.4 $1,050
69.5 - 74.4 $ 875
64.5 - 69.4 $ 700
up to 64.4 $0
Employees hired on or after January 1, 2007 will have the ability to enroll in post-
65 medical plans through Extend Health or similar administrator but are not eligible
to receive an HRA allocation.
7.10 Defined Benefit Retirement Plan
7.10.1 For employees hired before July 1, 1999 and who were fifty (50) years of age
or more on July 1, 1999, their retirement benefits will be provided through the
PacifiCorp Retirement Plan and include all previously negotiated benefits.
On July 1, 1999 the Company and the Union formed the PacifiCorp/IBEW Local 57
Retirement Trust to benefit employees under fifty (50) years of age on that date and
employees hired after that date. The details of this work are captured in the
Memorandum of Agreement contained within this agreement and the Plan
Document.
7.10.2 Credits against ongoing Company contributions to the PacifiCorp/IBEW
Local 57 Retirement Trust will be recognized for asset transfers for members whose
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retirement benefit in the PacifiCorp Retirement Plan is transferred to the Trust. The
amount of the credit will be based upon the difference in the liability for the
transferring PacifiCorp Retirement Plan benefit using the statutory required
assumptions and the assumptions used for purposes of determining the minimum
required contributions for the Trust.
At such time the Company's defined benefit plan is amended and in such manner
that transfers of accrued benefits for employees transferring into a position covered
by the Company's plan may be transferred from the Trust, such periodic plan to plan
transfers will be made. Ongoing Company contributions to the trust will be increased
to the extent that the liability for the transferred Trust benefits (using the statutory
required assumption) exceeds the liability for the transferred benefits (based on the
assumptions used for the purposes of determining the minimum required
contribution for the PacifiCorp Retirement Plan). However, both parties recognize
that even though PacifiCorp may adopt a Cash Balance plan formula, certain, or no,
transfers may qualify to be transferred to the PacifiCorp Retirement Plan, as
ultimately determined by PacifiCorp. The intent of this language is that calculations
will be made in the same manner for transfers each way between the Trust and the
PacifiCorp Retirement Plan, when such transfers are possible.
Employees hired on or after June 26, 2013, and transferred employees not
already participating in the trust, shall receive a 4%base pay contribution into
an enhanced 401(k) account, and will not participate in the trust.
7.11 Defined Contribution Retirement Plan
7.11.1 Employees may participate in the PacifiCorp K-Plus Employee Savings &
Stock Ownership Plan. Employee contributions will be matched on the following
schedule:
Years of Percentage of Regular Pay Eligible for the Company
Service Matching Contribution
1-9 4%
10-14 5%
15 and above 6%
The Company match will be paid at eighty-five cents (.85) per eligible dollar
deferred by the employee and will be invested per the employee's direction. The
definition of pay for the Company match is regular pay only, including sick leave,
vacation and holidays. The definition of pay for employee deferrals to the Plan
includes regular and overtime payments. The specifics of the K-Plus Plan are
contained within the summary plan description.
49
7.12 Life Insurance Benefit
7.12.1 The Company will pay premiums equal to 50% of the cost of the life
insurance benefit, to the IBEW/Western Utilities Health and Welfare Trust for up to
two (2) times the employee's annual regular wages.
7.13 Employee Assistance Plan
7.13.1 All employees and their covered dependents will be eligible for services
under a comprehensive Employee Assistance Program and Substance Abuse
Rehabilitation benefit program. Benefits will be provided from the IBEW/Western
Utilities Health & Welfare Trust.
7.14 Bereavement Leave
7.14.1 All Regular employees will be provided up to three (3) days paid
bereavement leave for each death in the immediate family. Immediate family is
defined as husband, wife, daughter, son, mother, father,brother, sister, grandmother,
grandfather, grandson, granddaughter, mother-in-law, father-in-law, sister-in-law,
brother-in-law, son-in-law, daughter-in-law, grandmother and grandfather of the
employee's spouse. Also included are step-family members as indicated above for
immediate family. Employees requiring more than three days will use vacation to
supplement additional time off.
7.14.2 Bereavement leave may be utilized for funerals with prior notification to
supervision of one's absence from work for this purpose. Documentation that the
employee attended the funeral may be requested from their supervisor. Such
documentation would include written confirmation of attendance from a funeral
director or church leader.
7.14.3 The Company will make every reasonable effort to accommodate instances
where multiple employees from a location desire to be absent from work to attend a
funeral. No additional time or premiums will be paid to travel employees to cover
the absences that result from this accommodation.
7.15 Random Drug and Alcohol Testing
7.15.1 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 4/12/2012, and attached in the MEMORANDUMS OF AGREEMENT
AND LETTERS OF UNDERSTANDING section of this agreement.
Article 8
Duration of Agreement
8.1 This Agreement shall remain in full force from the date of signing hereof until
50
11:59 P.M., January 26, 2020 and will remain in effect until January 25,2023 until
either party notifies the other party, not less than sixty (60) days prior to the
expiration of this Agreement or of any extension thereof, of its desire to terminate
or amend the same. If either party desires an amendment within ten (10) days after
the receipt of such notice, the parties shall agree on a day to exchange proposals and
which will be mailed via certified mail, the substance thereof shall be contained in
such notice.
8.2 In the event such notice is given, a discussion of such proposals shall begin
no later than twenty (20) days after the exchange of said proposals, unless the time
shall be extended by mutual consent. The parties hereto will hold joint conferences
for the purpose of negotiating a new Agreement or amendment with regard to wages,
hours, working conditions and/or other matters of collective bargaining to take the
place of or amend this Agreement.
8.3 In the event negotiations fail to reach an agreement as of the anniversary date
of the contract, the parties are free to pursue any and all legal means to resort to
economic pressure to resolve the contract including the right to strike or lockout.
The Union will not strike and the Company will not lockout its employees after
January 25, 2023 without providing the other party sixty (60) days written notice of
such action. If written notice is provided, such action may be taken after 11:00 P.M.
on the 61 St day.
51
Dated the Vb day of Deoeaber.2019
PACEMORP
By Id GregSaNh
Director
Labor Rdadms
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
LOCAL UNION 57
By/%!Brent D(muhuc
Bucinecc!►tanager
Approved by:
INTERNATIONAL BROTHERHOOD
OF ELECTRICAL WORKERS
By
Interaadonal President
52
Drug and Alcohol Testing
April 12, 2012
Memorandum of Agreement
Between
IBEW Local 57
And
PacifiCorp
Drug and Alcohol Testing
PacifiCorp and IBEW Local 57 agree to the following provisions related to Drug
and Alcohol Testing of employees covered by the Rocky Mountain Power,
PacifiCorp Energy, Combustion Turbine, and Laramie collective bargaining
agreements.
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 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.
53
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 10% of the pool shall be
randomly selected annually. Each employee in the random pool shall have an equal
chance of being tested each time selections are made.
Post-Accident Drug and Alcohol Testing
Employees may be required to submit to a post-accident drug and alcohol test in the
following instances:
• involved in an on the job accident
• 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.
54
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. 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.
55
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.
An employee who tests positive as a result of a drug/alcohol test with no aggravating
circumstances shall not be considered to have committed an offense rising to the
level of termination.
An employee who tests positive as a result of a drug/alcohol test with aggravating
circumstances will be terminated. Aggravating circumstances may include but are
not limited to the following:
• A prior positive test;
• A post-accident referral;
• A reasonable suspicion referral;
• Active "Return to Duty" provisions;
• A follow-up referral;
• Aggravating circumstances may also include a positive drug/alcohol test
while there is active formal discipline in effect for the employee.
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
modificat' f this Memorandum of Agreeme t be agreed to by both parties.
�IZ�ZD/Z �f IZ�l2
Brent Dano6ue / at C e=w / DaW
Drafting And Designer Advancements
October 5, 2006
It is agreed between PacifiCorp Energy and I.B.E.W., Local 57 the following:
The purpose of the advancement without bidding proposal is to allow a direct career
path in the drafting and designer field of work. Employees shall be given the
opportunity to advance to levels within the progression, which meet their ability
and expertise. Levels of progression and drafting assignments shall be determined
56
by the needs of the Company at specific locations without requiring the position to
be bid.
Drafting Advancements
Associate Drafter, Grade 20, is the entry level in the drafting progression. The
position is to be bid and awarded on the basis of Article 3.1.2. The successful
employee shall be allowed twelve months to complete on-the-job training, which
will consist of work experience. Associate Drafters will be advanced after a
minimum of one (1) year of satisfactory performance to:
Drafter, Grade 24, is the 2nd level in the drafting progression. The employee
shall be allowed three (3) years to complete the on-the-job training. Drafters will
be advanced after a minimum of three (3) years of satisfactory performance to:
Sr. Drafter, Grade 27, is the 3rd level in the drafting progression. Employees at
this level may be allowed to advance to a Designer after successful completion of
prescribed technical courses identified for this discipline. (If a position is available)
(C Grade or better) and on- the job training to:
Designer, Grade 30, is the 4th level in the drafting progression. Employees at this
level may be allowed to advance to Senior Designer after a minimum of Four (4)
years of satisfactory performance as a designer in the particular discipline and
having obtained an AS degree in Drafting Technology or an AS Degree in
Engineering Design/Drafting Technology with a "C" grade or better : (If a position
is available)
Sr. Designer, Grade 33, is the 5th level and final level in the drafting progression.
Bidding
Drafting Positions, levels I through 3
All entry job vacancies will be bid as an Associate Drafter regardless of the grade
vacated. Minimum Qualifications: Must pass Company drafting test.
Designer, level 4
Jobs will be bid prior to hiring from outside the Company.
Minimum Qualifications: Must have successfully obtained an AS degree in
Drafting Technology or a AAS Degree in Engineering Design/Drafting Technology
and a minimum of three (3) years' experience as a Sr. Drafter.
Sr. Designer
57
If there are no employees in designer positions eligible for advancement in the
specific discipline at the location, the position will be bid 1 st and hired from outside
the Company if no qualified bidders.
Bumping
Drafting Positions
In the event of a Reduction in Forces, employees who are in drafting positions and
choose to "bump" a lower grade drafting position will maintain their current drafting
grade/pay.
Designer Positions
In the event of a Reduction in Forces, employees who are in Designer positions and
choose to "bump" a lower classification in the drafting progression will receive the
pay and grade commensurate with a Sr. Drafter.
Designers and Sr. Designers may "bump" as Designers into different disciplines.
Training
Drafting Positions, 1st level through 3rd level
Employees will be reimbursed according to the Company's tuition reimbursement
for prescribed technical courses.
Employees may be required to take technical courses on their own time. Classes
may be taken during Company time with local management approval.
Designer Positions,4th level and above
Employees will be reimbursed according to the Company's tuition reimbursement
program in obtaining an AS Degree in Drafting Technology or an AAS Degree in
Engineering Design/Drafting Technology upon completion with a "C" grade or
better.
Employees may be required to take technical courses on their own time. Classes
may be taken during Company time with local management's approval.
Employees desiring to progress must show continuous progress and complete the
specific discipline training.
Miscellaneous
Joint Committee be formulated to:
• Devise, formulate and develop entry level drafting exam, intermediate drafting
exam and designer evaluation.
• Representatives from the committee administer and grade evaluations.
• Evaluate and recommend required course work for all levels of progression.
58
• Create core prerequisites that are common to all disciplines.
• Hear and act on any disputes arising with the training program.
In the event that a vacancy cannot be filled through advancement at the specific
location. The position will be bid before hiring. Employees who are currently in
drafting positions shall remain and maintain their wages in accordance with the
CBA.
Payment For Meals
June 26, 2013
Payment For Meals During Extended Work Hours
Payment for meals will be made to bargaining unit classification employees and
management personnel when extended working hours are required by the Company.
The provisions of Section 4.2.9, 4.2.10, and 4.2.11 of the agreement between
I.B.E.W., Local 57, and the Company cover the cases of extended days and early
call out. Employees will be allowed a reasonable period of time to eat meals
provided under this policy but will be on their own time during the meal period -
time off for meals is not subject to overtime pay.
The Company will reimburse employees $10.00 for breakfast, $11.00 for lunch, and
$20.00 for dinner.
The type of meal to be reimbursed will be determined by the hour during which the
meal would normally be furnished. The following time periods will be used in
making this determination:
Breakfast 2:O1am to 9:59am
Lunch 10:00am to 1:59 m
Dinner 2:00 m to 2:OOam
Meal allowances will be disallowed for bargaining unit employees if no overtime
is reported for the corresponding day that is marked for the meal allowance.
Out-Of-Town Expenses
Expenses for employees required to be away from home station overnight on
Company business will be provided as stated in Section 4.4.1 of the Labor
Agreement.
Unscheduled Call-Outs
When an employee is called out more than two (2) hours after their regular shift or
on a holiday or regular day off, a meal will be compensated for after working four
(4) contmupus hours, and additional meals at intervals of not more than five and
one-half(5 /2) hours thereafter while they continue to work.
Pre-Arranged Overtime Meals On Holidays And Regular Days Off
Pre-arranged overtime is defined as work for which notification to report for work
is given no later than 12 hours prior to the start of the overtime assignment.
59
For prearranged work on holidays and regular days off, employees will not be
compensated for meals unless starting time is more than two (2) hours before or
quitting time is more than more than (2) hours after the employee's normal working
shift.
Call-Back Within Two Hours Of Regular Quitting Time
Employees who are called back to work within two (2)hours of their regular quitting
time will be compensated for a meal two (2) hours after their regular quitting time,
and additional meals at intervals of not more than six (6) hours thereafter while they
continue to work.
Emergency Service Work Out-Of-Town
Crews working out-of-town on emergency service restoration who would qualify for
the overtime meal reimbursement provision of the Agreement, may elect to be
compensated on their paychecks for qualifying overtime meals for the period of
time they are performing emergency service restoration. Under no circumstances
will an employee be reimbursed for the same meal under both the out-of-town and
overtime provisions of the Agreement.
Effective Date: June 26, 2013
Vacation And Sick Leave Provisions For Employees Who Leave
Company For Fulltime Employment With I.B.E.W., Local 57
April 1, 1982 1
Employees who leave the Company to work full time for I.B.E.W. Local 57 will
be placed on a leave of absence for the period of time in which the employee is
employed by the Union. However, payment for accumulated sick leave will not be
made.
If and when the employee returns to work, as per Article 2.5.3 of the Agreement,
vacation and sick leave will again commence to accumulate when the employee
returns to the Company.
Sick leave that was accumulated prior to the employee leaving the Company will
be combined with sick leave accumulated from the time the employee starts work
with the Company. Payoff of one hundred percent (100%) of accumulated sick
leave will not be made until the employee gives written notice of intent not to
return to the Company, or returns to the Company and subsequently retires,
terminates, or dies.
EFFECTIVE DATE: January 25, 1985
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Creation of a Taft-Hartley Pension Trust Fund
my 1, 1999
Considerable effort has been expended towards the creation of a Single Employer
Taft-Hartley Trust to deliver retirement benefits for employees of PacifiCorp
represented by IBEW Local 57, International Brotherhood of Electrical Workers
(IBEW). This memorandum of agreement (MOA) will document the provisions
for the creation, administration and funding of this trust. Additionally, this MOA
will detail an agreement to adjust the current retirement benefit for those
employees 50 years of age and older on or before July 1, 1999. With an
overwhelmingly positive vote of the members of IBEW Local 57 and employees
of PacifiCorp, we are now prepared to finalize this agreement.
Definitions
Union: Local 57, International Brotherhood of Electrical
Workers (IBEW)
Company: PacifiCorp
Pension Eligible For regular full-time employees, the base hourly pay
Compensation for the majority of the month multiplied by 173.333
(PEC): hours plus incentive plan payments up to the 4% of
pay as defined in the Performance Share Plan. For
regular part-time employees, PEC is calculated based
on actual hours worked.
Final Average The average monthly "eligible compensation" in the
Pay (FAP): sixty (60) highest consecutive calendar months of the
last 120 calendar months of employment.
Covered A PacifiCorp employee covered by the collective
Employee: bargaining agreement between PacifiCorp and IBEW
Local 57
Trust: Jointly Administered Single Employer Taft-Hartley
Trust titled: PacifiCorp/IBEW Local 57 Retirement
Trust Fund
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Trustees: Four (4) members of IBEW Local 57 and Four (4)
members of PacifiCorp's management who will act as
fiduciaries for this Trust and its beneficiaries.
Single Employer Trust
As defined by statute, this Trust is being created as a Single Employer Taft-Hartley
Trust. The parties acknowledge that there have been discussions about the potential
opportunities and challenges of expanding this Trust to Multi-employer status at a
future date. The parties agree to continue these discussions and any decision in this
regard would require the approval of the management of the Company, the
leadership of IBEW Local 57 and the Trustees of the Trust.
The parties agree that the effective date of the provisions of this MOA will be July
1, 1999.
Employees Fifty (50) Years of Age and Older
Any Covered Employee who is fifty (50) years of age on or before July 1, 1999 will
remain in the PacifiCorp Retirement Plan and have their existing benefits calculated
under the greatest of all the existing plan provisions and the additional formula of-
1 2/3% of FAP per Benefit Year of service, up to 30 years, plus 0.5% of FAP per
Benefit Year of service over 30 years.
Early retirement reductions for this formula are 4%per year from age 65 if length of
service at time of retirement is less than 30 years and 4% per year from age 64 if
service at time of retirement is equal to or greater than 30 years. This calculation will
be compared to the current formulas used in calculating benefits of Covered
Employees and the largest benefit amount will be provided. Liabilities and assets for
employees' benefits in this group will remain in the PacifiCorp Retirement Plan.
Employees Less than Fifty (50) Years of Age
Any Covered Employee less than fifty years of age on July 1, 1999 will have their
vested accrued benefit calculated in the PacifiCorp Retirement Plan based upon
service and pay through a future date to be communicated. This calculation will be
in accordance with current regulations and will be communicated to employees at a
future date. The parties understand that the lump-sum value of this vested accrued
benefit is not eligible to be distributed to employees without a termination from
PacifiCorp and is subject to fluctuations based on the prevailing GATT rate and
discount period in effect at the time the employee actually takes a distribution of the
benefit.
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For service beginning on or after July 1, 1999, these employees will receive
retirement benefits from the Trust based upon the plan design approved by the
Trustees of the Trust.
Funding Obligation to the Trust
The parties agree PacifiCorp's funding obligation to the Trust is the subject of
collective bargaining between PacifiCorp and IBEW Local 57, recognizing that the
contribution cannot be less than the minimum required nor more than the maximum
deductible amount, as provided for in the Internal Revenue Code. With this
agreement there will be an initial annual funding level of 7.0% of Pension Eligible
Compensation (PEC) of those Covered Employees less than 50 years of age on July
1, 1999. This initial funding level was agreed to based on a commitment to a "cost
neutral" solution for retirement funding for all Covered Employees, additional
resources negotiated in the 1998 Wage Re-opener discussions, and minimal
additional resources provide by PacifiCorp. Future contributions from PacifiCorp
will be the subject of collective bargaining between PacifiCorp and IBEW Local 57.
The expenses to establish and operate the Trust will be borne by the Trust as
permitted by law. There continues to be an account identified with the work order
"Taft" which contains the unused balance of the $157,000 directed towards a
retirement plan solution from the 1998 Wage Re-opener. These resources will
continue to be dedicated to the Trust creation as mutually agreed to by the parties,
and any remaining balance will be deposited to the Trust upon its activation.
Initial and Future Contributions To The Trust From PacifiCorp
PacifiCorp will make the 1999 contribution (1/2 of the annual amount) as quickly as
possible after the Trust is established. For 2000, PacifiCorp will make 1/2 of the
annual contribution as quickly as possible after January 1, 2000.
Transfer of Assets and Liabilities from the PacifiCorp Plan
Significant conversation has occurred in addressing the issue of transferring to the
Trust the assets and liabilities for the vested accrued benefits for Covered Employees
under 50 years of age. Recognizing the risks and potential rewards of transferring
these assets and liabilities, along with the complications and expense of completing
a termination basis calculation as defined by IRS Code Section 414(1), the parties
have agreed to an alternative strategy described in the Letter of Understanding and
will reconsider a transfer of assets and liabilities from time-to-time in the future.
Letter of Understanding
A Letter of Understanding between PacifiCorp and IBEW Local 57 supplements this
memorandum of agreement.
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Maintenance Special 12 Hour Back to Back Shifts
October 5, 2006
This memo is developed to give a clear understanding of the overtime and
shift change procedures to Maintenance employees.
Shift change guidelines
1. A minimum of sixteen hours off duty between shifts changes shall be allowed
except in emergencies or where otherwise agreed to by the parties hereto.
Supervisors shall notify employees of a shift change as soon as possible. In
emergencies and mutual agreements between the employee and supervisor, less
than sixteen hours off duty between shifts is an option.
2. When the Company changes an employee's shift schedule, compensation for
the inconvenience shall be one and one-half times the regular rate of pay for the
first day of the new shift. No additional pay will be received when going back to the
regular shift.
3. Shift changes will be filled by using the overtime list beginning with low man.
Red and black hours will be given with all overtime. If the shift change is turned
down, red and black hours will apply for the duration of the scheduled time.
4. When a 12 hour shift is scheduled and an employee has vacation scheduled for
a period of up to 2 days, he/she may accept the overtime and supervisor will make
arrangements to cover those days. If the vacation scheduled request is for 3 or more
days, he/she would not be available for the overtime.
5. If the 12 hour shift change occurs during the middle of the week, those personnel
assigned to report to the plant at 7:00 p.m. will be sent home at noon on straight time
pay for a rest period. For job continuity, the appropriate weekend shifts will be
included as part of assignment.
6. 12 Hour back to back shifts shall be established for work that is expected to
last one week or more in duration. If the particular job is completed, personnel
assigned will be changed back to their normal shift.
7. Shifts will be asked for on a weekly basis and may be extended by mutual
agreement.
8. Employees assigned to a project on both day and night shift will be left on the
project for the duration of the job. If at all possible, personnel will not be pulled to
handle other jobs that arise. The shift supervisor may use a Journeymen for
emergencies until other Journeyman can respond. If additional overtime for the
assigned project is required it will be offered to employees assigned to the project
before offering to others in the same classification.
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Hours
Two 12-hour shifts may be established when 24-hour coverage is needed. Day shift
will be 07:00 AM to 3:30 straight time and 3:30 to 7:30 overtime.
Back shift hours will be 7:00 PM to 11:00 PM overtime, and 11:00 PM to 7:30
AM straight time.
Breaks, meals and shower time
Two 15 minute breaks, one 30 minute lunch break and one 15-minute shower
time is provided for a 12-hour shift.
The supervisor and crew should determine the best time to take breaks and
lunch. Shower time and one break are at the end of the shift.
Red and black hours
Employees accepting the coverage will receive 4 black hours for each 12-hour shift
worked. Employees who decline the coverage will receive 4 red hours for each 12-
hour shift not worked.
Red hours will only be received one time for this given job assignment. An
employee who turned down all 12 hour shifts for a week would receive the
appropriate red hours. If later in the week, the employee is asked to work on a
different project, and turns it down, the employee will received additional red
hours. If in the above example, the employee accepted the second request to work,
he/she would receive black hours for the hours actually work and also keep the red
hours already received.
Other Overtime
In the event additional coverage is needed for other jobs. The Supervisor can request
that the employees that are on site change jobs to respond to the new need.
Employees on 12 Hour Back to Back shift will only be asked for additional
overtime after the overtime has been offered to others in classification.
ShiltTrades E I
May 17, 2001
This letter is to restate the language and intent of the "Shift Trades" agreement
signed by the parties with and effective date of January 26, and January 13, 1999.
1. The shift trade must be approved by the supervisors involved.
2. The shift trade must be agreed to by both employees involved.
3. The shift trade must be between two employees of the same classification.
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4. The shift trade must occur and be worked in the same workweek.
5. A shift trade may not cause an employee to extend his work day by more than 4
hours.
6. No overtime will be paid for shift trading. In order to prevent an overtime
situation, the shift trade must be arranged such that no employee is caused to
work more than 40 hours per workweek.
7. A shift trade agreement form must be completed at least 48 hour in advance
of the shift trade and kept on file for each shift trade.
8. The actual hours worked for the shift trade must be recorded on the timesheet,
and a copy of the signed shift trade agreement attached.
9. Shift starting and quitting times will be in accordance with the working
agreement.
10.Control for compliance and appropriate usage of this policy will be the
responsibility of the plant manager and the employees utilizing this agreement.
Deletiodwf "Journeymawmechanic/Certiff7-ied nd Clarification of
Requirements to Agree with ASME Code
Aug 1, 2001
Staffing
All Journeyman Mechanic positions will be Grade 32C regardless of welder or
valve repair certification.
All Journeyman Mechanics who are fully certified in welding will receive a 3%
adder over base salary.
All Journeyman Mechanics who are fully certified in valve repair will receive a
3% adder over base salary.
Management has the right to determine the number of certified mechanics required.
If additional certified mechanics are required, mechanics who are not certified will
be given the opportunity to certify, based on seniority. If an inadequate number
agree to volunteer for certification, the least senior mechanics will be forced to
certify. If fewer certified mechanics are required, the number will be reduced by
seniority on an individual plant basis.
Certification
A fully certified mechanic is defined as follows:
Welding
One who has passed tests on four procedures utilizing two processes, i.e.: SMAW -
Open butt-carbon steel
SMAW - Backing ring-stainless steel
GTAW- Open butt, carbon steel-low alloy
GTAW- Open butt, stainless steel
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Bargaining unit employees
Bargaining unit employees may be utilized to train.
The selection of bargaining unit trainers will be from the senior certified mechanic
who has the ability to train. Schools or other trainers may also be utilized to train
welders. Certification test will be under the direction of a Welding Supervisor or
his designee.
Initial Certification
The time allowed for initial certification will be ten (10) working days to train and
practice, with five (5) working days to take the tests over a twenty-five (25) working
day period.
Upon a recommendation of the tester and plant management, this period may be
extended for a short period.
Maintaining Certification
Certification should be maintained by performing welding utilizing Work Orders
or Travelers.
If an individual has not maintained his/her certification by welding within the time
period as allowed by the ASME Code, he/she, at that point, is no longer certified to
perform Code welding. The Company will schedule two (2) days to renew
certification. A test coupon must be completed for examination each day. If the test
coupon fails to meet Code acceptance criteria, he/she must within the following two-
week period, on his/her own time, develop his/her skills to re-certify. He/she will
then be given two (2) days on Company time to become certified again. If he/she
fails, he/she will, at that point, have his/her pay appropriately adjusted. Any future
attempts to re-qualify will be on the person's own time.
If a mechanic repeatedly lets certification lapse by turning down overtime, the
company may elect to discontinue certification. In these cases, the company will
consult with the union before denying certification.
Valve Repair
Valve Repair - One who has completed the qualification requirements specified in
QCP 14.0 of UP&L's VR Quality Control Procedures Manual.
Time for certification will be determined by overhaul schedules and availability of
training classes.
Apprentices
Apprentices will not be certified as part of their apprentice training.
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Power Supply Thermal Working Foreman
May 17, 2001& AM
The Union and the company agree to establish the classification of Thermal Working
Foreman in the thermaf power plants.
The JEPSC will meet as necessary to establish a Power Supply Thermal Working
Foreman Pool and the requirements for that pool. The committee will govern all
Working Foreman requirements in Power Supply.
January 26, 2004, Hourly rate for Thermal Working Foreman will be $34.36.
Company Housin
May 17, 2001
For employees living in Company-owned housing as of January 26, 1983, such
Company-owned living quarters will be furnished on the following basis:
1. Rent-Free - Semiautomatic plants and switching stations: Cove, Paris, Weber.
2. Isolated areas - Rental $3.00 per room per month with a maximum of $15.00
Ashton, Cove (for Grace Operators), Grace Lifton.
3. Semi-isolated areas - Rent $4.00 per room per month with a maximum of$20.00:
Soda.
4. Non-isolated areas - Rent $5.00 per room per month with a maximum of$25.00:
Pioneer.
Fuel for heating houses will be furnished by the Company.
Employees hired or bidding into positions after January 26, 1983 will not be
required as a condition of employment to live in Company housing, and the
provisions of 2.14.1 and 2.14.2 shall not apply to these employees.
Some employees may be required to reside in company housing to meet a business
need of the Company.
Employees living in Company-owned housing prior to or on January 26, 1983 and
bidding from one hydro station to another after January 26, 1983, may rent
Company-owned housing at the new location, if such housing is available at time
of bid, according to provision of 2.14.1 and 2.14.2
Company housing, when and where available, will be furnished to regular
employees permanently assigned to the operation and maintenance of that facility.
Availability of vacant houses will be recommended to management by local level
supervision after completion by local level supervision after completion of a
thorough inspection. As houses become available, first priority will be given by job
location seniority to existing camp dwellers; plant employees not living in camp;
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new plant employees. An employee moving from company housing or from house
to house will complete the move as soon as possible, not exceeding sixty (60) days.
Management will make periodic inspections to determine maintenance and/or
improvements necessary. Except in the case of extreme emergency, no one will
enter another person's cottage uninvited.
The JEPSC will work with the Hydro department to address housing issues as they
arise.
Laborat�200,�ry Tician - Stea
May 17,
The following procedure will be used in filling jobs that have been bid as Laboratory
Technician in the Steam Plants:
1. The following are the minimum educational requirements for the Laboratory
Technician position:
University of Utah (as of January 26, 2001) Chemistry 1210: General Chemistry
1 (4 semester hours), Chemistry 1230: General Chemistry 1 Lab (1 semester
hour), Chemistry 1220: General Chemistry 2 (4 semester hours), Chemistry
1240: General.
Chemistry 2 Lab (1 semester hour) Mathematics 1050: College Algebra
(4 semester hours)
2. These courses will be the standard against which courses taken at other colleges
will be measured. If courses taken at other colleges are accepted by the
University of Utah for transfer credit for these listed classes, then those courses
taken at other colleges satisfy these educational requirements. A "C" grade or
better in each of the listed courses is required to satisfy this educational
requirement.
3. The University of Utah changes its course numbers and descriptions from time to
time. It is the intent of this educational requirement to specify a minimum first
year college algebra and college chemistry course, with lab. These courses are
those intended for students following a science or engineering curriculum. The
course number or description of this requirement may change as the University
of Utah course numbers or descriptions change, but the level or required course
will not change. If University of Utah course numbers change,this document will
be updated to reflect those new course numbers.
4. All persons holding the Laboratory Technician position at the time of this
agreement are considered fully qualified.
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5. All persons who have been displaced and are on recall to the Laboratory
Technician position are considered fully qualified for future Laboratory
Technician positions.
6. New applicants for the Laboratory Technician position or persons previously
holding a Laboratory Technician position but who chose to leave the laboratory
Technician position then, later, bid a Laboratory Technician position must satisfy
the requirements of Paragraph 1 above.
7. All future Laboratory Technician jobs at all locations will be filled by:
a) bumped Laboratory Technicians with recall rights; b) bidders meeting
qualifications which are described in Paragraph 1 above; or, c) as described in
Paragraph 8 below.
8. If no bids are received from qualified persons as set forth in Paragraph 1, a
Laboratory Technician job may be awarded as follows:
An employee not possessing the qualifications of Paragraph 1 may be awarded the
job subject to completion of the required courses described in Paragraph 1, within
one (1) year of starting the job. Such time period may be extended (to a maximum
of two (2) years) by local supervision to accommodate school schedule. If, at that
time, the required courses are not completed, the employee will have 90 days to bid
a new job.
Or
If no bids are received from employees possessing the minimum qualifications as
described in Paragraph 1,the Company may employ a qualified person with the same
minimum qualifications.
Classification Flexibility
January 26, 2004
As the electric utility industry changes so must the structure of the workforce
in electric generating stations. The ability of the Union and the Company to work
jointly to develop solutions, will afford bargaining unit employees greater job
security and skill enhancement.
The issues addressed in the memorandum include:
1. Training/Safety
2. Job Security
3. Flexible Workforce
4. Workforce Model
5. Maximum Utilization of the Existing Workforce
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6. Consistent Work Practices
Training/Safety
Both parties agree and recognize that safety and training are paramount to the
successful implementation of a flexible work force. Safety will not be compromised
as a result of this agreement. Employees shall be assigned job tasks commensurate
with their skills, training, and knowledge of the job. Training and or retraining will
be provided to employees in advance of being assigned work, which they cannot
perform knowledgeably and safely. Safety and regulatory training will be ongoing.
Employees may be used to initiate, develop, and coordinate needed training
programs. These programs will include both transitional and ongoing programs. The
criteria to be used to determine who will be trained will be volunteers, seniority,
attitude, aptitude, rotation, and the number of trained individuals needed.
A core training program for all employees will include such things as: Power Plant
Fundamentals, Power Supply Safety Handbook, Tagout Procedure, Basic Hand
Tool Use, etc. The Company may use local "Out Reach" programs to supplement
skills enhancement. This is not to be confused with the existing educational
assistance program which is pursued on an individual's own time. Company learning
centers may also be used.
Training programs will be developed on a block/module basis, so they can be
grouped together into various training programs. Each training block and module
will include a knowledge and performance test to ensure competency. By mutual
agreement the Company and the Union, aptitude tests may be used as a prerequisite
for some positions. Annual refresher training and assessment will be developed to
ensure that minimum standard competency is maintained.
When appropriate,journeyman, supervisors and other classifications will be used to
provide classroom and hands on training.
Job Security
The Company and the Union agree that all employees need to continually develop
their skills in order to enhance their opportunity and job security.
The Company will maintain a workforce of regular employees to operate and
maintain plant locations. While the regular workforce performs most of the work,
there are times when temporary employees and/or contractors are needed. It is not
the Company's intent to replace the "Regular Workforce" with contractors; that is
not to be confused with the Company's need to contract specific work in
conjunction with the subcontractor study (See Letter of Agreement "Joint
Contracting Study" dated May 18, 2001).
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Flexible Workforce
Management has the responsibility to meet, confer with and make best efforts
to obtain agreement with the Union prior to initiating or changing Company Policy
relating to the workforce.
The Union and the Company agree that in order to provide increased flexibility,
work boundaries can be expanded (beyond a classification's core responsibilities)
for items encountered incidental to their classification. Employees will typically
perform the core work associated with their job specification.
Non journeymen classifications can use basic hand tools, basic pneumatic tools, and
basic electric tools. Boundaries and tools will be reviewed, discussed, and agreed to
(as the need arises), and may be changed by mutual agreement. Boundaries may
vary from plant to plant, depending upon plant circumstances. The Company will
provide the required tools to perform the work.
All classifications may be assigned to work with journeyman and non journeyman
composite crews.
Employees will be able to be assigned job tasks of equal, lower rated or higher rated
job classifications commensurate with their qualifications (skills, training,
knowledge, requirements). All temporary upgrade rules will be followed.
This Memorandum does not alter previous practices agreed to by the parties
regarding flexibility.
Maximum Utilization of Work Force
The Company and the Union recognize the bargaining unit as the primary work force
they will be given the first consideration to perform the work. Consideration for
using the existing work force will be work-load, amount of overtime worked, and
manpower available at location or other locations. Both parties will support cross
borrowing of employees from plant to plant if it is economical to do so. The
Company may pursue opportunities to generate additional revenue, by marketing
the skill of employees, outside of the company.
Consistent Work Practices
Standard practice at locations is intended to maximize Power Supply's
competitive position, improve stability and morale. This can be accomplished by
the sharing of information and consistent work practices from plant to plant. The
Joint Executive Power Supply Committee will meet on an ongoing basis to review
practices and assure that best practices are communicated and implemented at all
locations.
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Vacation Scheduling
Lkugust 15, 2001
Vacation is scheduled in accordance with Article 7, Section 7.2.6, 7.2.7 and 7.2.8 and
as follows:
1. First and second choice vacation will be granted by seniority in each
classification or work group. Employees will have adequate time to make their first
choice. After everyone has had the opportunity to select their first choice, they
will be given adequate time to make their second choice. In the event employees
have preferences for additional vacation, subsequent selections may be allowed by
management.
2. First and second choice vacation or schedules shall be selected for the following
year by all employees and approved by supervision by December 24. After
December 24, vacation may be changed or scheduled based on availability.
3. If a first choice vacation period comes available due to cancellation or
vacancy that vacation period will be offered to other individuals in that
classification. This vacation period will be offered by seniority from high to low.
4. A short-notice vacation policy will be developed and implemented at each
location. The policy will address the requirements to take short notice vacation and
the number of short notice vacations allowed.
5. Management will control the number of employees in each classification or
work group that may be scheduled off during the same time period. All selections
will be pre-approved and initialed by the supervisor.
6. Vacation periods are considered to be that period of time including all regular
days off immediately before and after the scheduled vacation.
7. Unless changes are mutually agreed to, an employee is entitled to take
vacation when scheduled, so long as the employee remains in that group. If an
employee moves from one group to another group after vacation schedules are
posted, the same vacation schedule will be by mutual consent of the employee and
supervisor.
A floating holiday must be scheduled at least 24 hours in advance and must be
approved by the supervisor.
Out-of-town Travel Equalization
August 15, 2001
For the purpose of this article, out-of-town travel is defined as the time that an
employee is required to work at another plant other than their home plant that will
require the employee to be away from their residence overnight.
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Out-of-town travel shall be reasonably shared by locations, thus preventing plants
with small workforces from receiving an unfair share of forced out-of-town travel.
When traveling out of town employees will be paid the appropriate hourly rate to
travel from location to location.
All employees are expected to take their turn on these assignments. In order to
standardize a staffing procedure for out of town travel for all generating plant
locations, the following items will be followed:
1. A record will be kept at each location of the days that each employee has spent
on out-of- town assignments. A record of the overtime hours worked on these
assignments will also be kept. For the purpose of equalizing the responsibility
and opportunity to work these assignments, the number of days out-of-town will
be the criteria for determining the sequence of rotation of these assignments
among the classification or work group. Overtime hours will be used if there
are an equal amount of days that have been spent traveling out-of-town. At
the end of each year, a copy of this record will be sent to the local union.
2. Employees who have the fewest days out-of-town will be the first asked. When
starting a new out-of-town list, seniority will be the determining factor, asking
from high to low seniority and forcing from low to high seniority.
3. The record on out-of-town overtime hours will not be included with the overtime
record for the work performed at the employee's home plant.
4. The starting time for employee's assigned out-of-town work will be the regular
starting time at the temporary location or as assigned by the plant management.
5. Employees will have the option of using company transportation or using their
own private transportation. Mileage payments for an employee using their own
vehicle will be for the mileage actually incurred by an employee while traveling
between plants and to and from his residence or motel. Employees using their
own automobiles on company business are covered under the company's travel
accident insurance, as well as worker's compensation.
6. Since all employees may not have had an opportunity during a given calendar
year to work an out-of-town assignment, the record of days worked on out-of-
town assignments will be carried with a balance into the succeeding year.
7. A standard form for recording out-of-town work assignments shall be
used by all generating plants. The form will include the classification,
employee's name, number of days out-of-town, number of overtime hours
worked out-of-town. A copy of this form shall be provided to the local union at
the end of each year.
8. The Company will provide as much advance notice as possible to employees
when travel assignments are necessary. This advance notice should be one
week if possible, but no later than quitting time on the previous work day.
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9. When an employee is assigned to work out-of-town, they will be advised of
any weekend overtime to be scheduled. If for any reason weekend overtime is
cancelled, the employee will be paid two (2) hours pay at the overtime rate for
each shift cancelled.
10.Working hours and shifts may be arranged as to permit continuous work "back
to back" over a two (2) week period.
Temporary Hiring Hall Employees
January 26, 2004
With this Memorandum of Agreement between PacifiCorp, the "Company", and
Local Union No. 57 of the International Brotherhood of Electrical Workers, the
"Union", do mutually agree to the terms and provisions necessary for the creation
of a hiring hall for the use of temporary labor within the Company. Individuals
employed under this agreement will be referred to as "Hiring Hall Employees"
(HHE)
The Company and Union, recognize a need to utilize temporary employees to meet
the interests of both parties. Some of the factors include: (1) to have qualified
personnel perform work that is temporary in nature; (2) to avoid the implementation
of the demotion and layoff procedures as a result of adding employees to the regular
work force for work that will not continue in the near future; (3) to work together
cooperatively to meet the objectives of both parties.
It is not the intent of the parties to have temporary employees replace permanent
employees. Notwithstanding any other agreements between the parties, the
Company shall not involuntarily layoff any employee for lack of work or to avoid
producing a full time work force, when needed, in a department or location where
temporary HHE are being utilized.No HHE working under the terms and conditions
of this memorandum shall exceed(6) six months of employment in any one location
and job in a rolling (12) twelve month period without prior written mutual
agreement by and between the Company and the Union.
A. Request For Temporary Employment
When the Company desires to use this referral service provided by the Union, the
Company shall follow the terms within this agreement and request Local 57 refer
applicants for such work. The request shall include:
1. The classification(s)needed;
2. Special skills or training required (i.e. CDL);
3. The work location;
4. The reporting date and who to report to:
5. The duration of the work, if known;
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B. Classifications. Oualifications And Pay Rates
The classifications, qualifications and pay rates shall be those already negotiated by
the parties as contained in the Power Delivery and Power Supply collective
bargaining agreements between PacifiCorp and Local 57 IBEW, unless otherwise
specifically agreed to or excluded by the parties.
C. Priority Of Referrals
HHE applicants shall be prioritized in the following groups:
1. Previous PacifiCorp employees that worked in the same or higher classification
in 3 of the last 24 months.
2. Individuals who meet PaciCorp's entry level, minimum qualifications.
The Company may identify a specific individual for referral based on specialized
skills from the groups listed above.
In administering this referral procedure the Union will develop procedures to provide
a consistent method of referring applicants and assuring that applicants are not
discriminated against.
D. Rejection Of Referrals
The Company may reject any referral that is determined by the Company to be
unsuitable for employment. The Company may terminate HHE at any time during
their employment.
Company may also notify the Union in writing of any individual determined by
the Company who should not be referred to PacifiCorp for employment per the
following:
1. Each notification must be in writing to the Union with a copy mailed to the
last known address of the individual
2. The notification will be in effect for one year from the date of receipt by the Union
Former PacifiCorp employees who were discharged for cause and are not eligible
for rehire and shall not be referred to the Company as a HHE provided the Union has
been notified in writing.
The Company shall furnish the Union written confirmation of all terminations of
these temporary employees.
E. Temporary Status
HHE shall not attain regular status or any entitlements that regular employees
have, unless otherwise agreed to by the parties. HHE will not be entitled to
Company provided benefits other than those agreed upon below.
F. Compensation & Terms
Employment shall commence upon orientation or work at the location and time
requested by the Company. Pay provisions are those provided for in the collective
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bargaining agreement between IBEW Local 57 and PacifiCorp, except where they
are specifically excluded.
The rate of pay for Journeyman Crafts will be the highest rate for the journeyman
position.
The rate of pay for non journeyman positions and positions that have a four-year
step increase progression, is the entry level or initial rate for the progression.
However, if a HHE was previously employed by the Company in the classification
required, and was paid at a higher rate than the entry level rate, up to the 4th year
progression, they would be paid at the highest progression rate achieved while
working for the Company in that classification.
The Company may not downgrade employees from the classification requested
however the Company may upgrade employees in accordance with the Agreement.
(No temporary employee shall receive an upgrade when a regular qualified employee
is readily available).
Payments in Lieu of Benefits shall be paid for each hour worked in addition to the
hourly wages:
Journeyman Craft and Above:
• An amount equal to 3% of the straight-time hourly rate plus;
• An amount equal to $5.05 per hour
Non journeyman Employees
• An amount equal to 5% of the straight-time hourly rate
Employees shall give the company written authorization to deduct two percent
(2%) of gross hourly compensation from their paychecks for this employment
referral. Monies will be forwarded to the union monthly. Payment of this referral
fee in no way obligates the employee join the Union.
Employees covered by the terms and conditions of this Agreement shall not
acquire seniority rights within the collective bargaining agreement(s)between Local
57 IBEW and PacifiCorp.
G. Overtime
Overtime work may be required of HHE on an as required basis. It is not the intent
of this agreement to direct overtime work to HHE at the detriment of those
employees covered under the collective bargaining agreement(s) between Local 57
IBEW and PacifiCorp. Additionally, it is understood that HHE's overtime is not
subject to equalization with employees covered under the collective bargaining
agreement(s)between Local 57 IBEW and PacifiCorp.
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H. Oversight Responsibilities
The Joint Executive Negotiating Committees identified within the previously
mentioned collective bargaining agreements are responsible for the oversight of
this memorandum of agreement and the resolution of any issues arising from
its implementation.
The Joint Committees will review the utilization numbers, the duration of
assignments and overtime hours worked by HHE as a regular course of business.
I. Termination Of Agreement
Either party may terminate this agreement with thirty (30) days written notice.
J. Exclusions To Collective Bargaining Agreement
The following articles within the collective bargaining agreement do not apply
to employees working in accordance with this memorandum of agreement:
Article 2
Article 3
Article 4.2.5; 4.2.13; 4.4.1; 4.6; 4.7; 4.8; 4.9; 4.10; Article 6.1.4; 6.3; 6.4; 6.6;
Article 6.9; 6.16
Article 7 except a HHE required to work on holidays will be paid at time and one-
half rate for all hours worked.
amour Shift
January 26, 2004
The purpose of this Agreement is to balance the desires of the employees, with the
business needs of the Company and safety.
This agreement describes the terms and conditions while working a rotating 12-hour
shift schedule.
This 12-hour rotating shift schedule will be adopted beginning January 2004 as
mutually agreed to. Either the Union or the Company may discontinue the 12-hour
schedule by notifying the other of its intent to do so. The schedule shall, upon
notification to the other party, be returned to an 8-hour schedule provided for by
the current Labor Agreement as soon as mutually agreed upon, but in no event
longer than sixty (60) days from date of notification.
The Company and Union will meet as needed to review and resolve problems that
may arise. The Collective Bargaining Agreement will be the final interpretation
concerning the terms and conditions, not in conflict with this Memorandum of
Agreement (MOA). It is the intent of the parties to resolve problems arising out of
this MOA using the grievance process up to and including the 3rd step of the
grievance process. If the parties are unable to resolve grievances pertaining to this
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MOA, either party may provide notice as outlined above to return to an eight(8)hour
shift.
The following rules for the twelve- (12)hour shift schedule will apply and control:
Work Week:
For employees working this schedule, the workweek will be defined as beginning at
0700 Sunday and ending at 0700 the following Sunday.
Hours of Work:
It is understood that the definitions of "regular hours" in this agreement are the
regular hours for the shift that the employee is properly scheduled for that day.
Regular hours for dayshift (D) begin at 7:00 AM and end at 7:00 PM. Regular hours
for nightshift (N) begins at 7:00 PM and ends at 7:00 AM the following day.
Regular hours for dayshift (r)begin at 7:00 AM and end at 3:00 PM unless scheduled
as defined below.
Shift Schedules:
Employees, plant by plant may determine which template they will work.
Template #1
Schedules will include two 36-hour workweeks, two 48-hour workweeks, one 32
hour workweek.
Sun Mon Tue Wed Thurs Fri Sat Worked Paid
Shift N N N N 48 52
1
Shift D D D 36 36
2
Shift N N N D 48 52
3
Shift D D D 36 36
4
Shift r r r r 32 32
5
Average: 40 41.6
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D = 7AMto7PM
N = 7PMto7AM
r = 7AMto3PM
Template #2
Schedules will include two 36-hour workweeks, two 48-hour workweeks, one 32
hour workweek.
Sun Mon Tue Wed Thurs Fri Sat Worked Paid
Shift D D D N 48 52
1
Shift N N N N 48 52
2
Shift D D D 36 36
3
Shift D N N 36 36
4
Shift r r r r 32 32
5
Average: 40 41.6
D = 7AMto7PM
N = 7PMto7AM
r = 7AMto3PM
Overtime:
Overtime is defined as (a)time worked in excess of forty(40)hours in any scheduled
forty-eight (48) hour workweek or; (b) time worked in excess of 12-hours in a day
or; (c) time worked in excess of thirty-six (36) hours in any scheduled thirty-six
(36) hour workweek or; (d) time worked in excess of thirty-two (32) hours in any
scheduled thirty-two (32) hour workweek.
Shift(s) Vacancies:
When the Company determines coverage is required, employees will be using these
guidelines.
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The first priority is to cover with straight time from within the same classification
as the vacancy.
Journeyman on shift may be used for operator coverage in the following situations:
• Sick leave coverage
• Short notice vacation coverage
• Temporary vacancy coverage
If a Journeyman on shift is covering for an operator and there is a need for a callout
within their maintenance classification, the journeyman will be used to perform the
maintenance work and an operator from the vacant classification will be called. If
no operator is available the journeyman on shift may cover and another
journeyman may be called to perform the maintenance work.
Relief employees (r) will normally be scheduled Monday through Thursday.
With fourteen-calendar day's electronic (e-mail) and posted notice, the 'Y'
employee may be scheduled without a shift change if the employee has two
consecutive days off within their workweek.
No shift change will be paid to relief employees who agree among themselves to
cover vacation with less than 14-calendar days' notice.
Monday through Thursday, relief employees may be assigned to cover
unscheduled vacancies without a shift change. Overtime will be paid after 12-hours
in a day or 32-hours in a workweek. When possible the employee will be scheduled
for two (2) 12-hour shifts and one (1) 8-hour shift during the period of Monday
through Thursday.
Relief employees assigned to cover unscheduled vacancies Friday, Saturday or
Sunday will be paid a shift change for the first shift worked. Compensation for a
shift change will be paid per Section 6.8.2.
Scheduled training may take priority over shift coverage and vacation may not be
granted. Coverage of 36 hours or less may be assigned to one relief employee who
will work all 12 hour shifts and may incur four (4) hours overtime without the
need to use the overtime list. The number of 12 hour shifts plus (r) shifts must total
at least 32 hours for the relief week.
Planned absences requiring relief coverage should be scheduled and approved at
least fourteen days in advance. When proper notice is not given, the relief employee
will not be obligated to change their shift, nor will the Company be obligated to
approve the absence.
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Holidays:
• The "observed holidays" contained within the current collective bargaining
agreement will be the actual holiday for employees working this schedule. All
employees will receive 8-hours of holiday pay.
• An employee who works on a holiday will receive an amount equivalent to the
time and one-half(1 1/2) rate for all hours worked during their regular shift, from
Midnight (12:01 AM) to Midnight (12:00 AM) of the holiday worked. The
employee will receive 2X their rate for all additional hours worked.
• When a holiday falls on a scheduled day off the employees will receive 8-hours
of holiday pay and this payment will not be considered "time worked" for the
purpose of calculating overtime payments within that workweek. However, if the
employee is called in to work overtime on the holiday, the eight hours of work
will be paid at time and one- half and the additional hours of work will be paid at
double time.
• With Management's approval, an employee may schedule the holiday to another
day within the workweek so as to maximize the employee's days off. However,
rescheduling the holiday cannot result in additional overtime cost.
• Floating holidays will be scheduled to include 8-hours of floating holiday pay.
Four vacation hours will be used to supplement holiday pay when the employee
is scheduled off on their regular 12-hour day.
• Employees not required for coverage will be scheduled off on holidays.
• Employees may elect at the beginning of the year to have their Holiday Pay
hours deposited in a Holiday Pay Bank, to be re-distributed in order to equalize
pay periods throughout the year.
Vacation:
• Plant management will determine vacation guidelines. Normally, the same
number of employees available on the relief crew will be allowed off for
vacation in any given workweek. However the parties, plant by plant, will
mutually agree to priority choice guidelines.
• Vacation may be taken in hourly increments when the crew is able to maintain
operations without scheduling a relief employee at additional cost to the
Company.
• Normal days off on either side of scheduled vacation will be considered
vacation and exempt from overtime unless the employee consents to work
overtime.
• Vacation will be charged hour for hour. Time off without pay is not allowed
without Plant Manager Approval.
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Sick Leave:
• Sick leave will be charged the number of hours per the shift that sick leave is
taken. For example, an employee on sick leave on a day they were scheduled for
12 hours work, will be charged with
• 12 hours of sick leave. An employee who is absent 4-hours for a doctor's
appointment would be charged 4-hours of sick leave. When returning from Sick
Leave employees must give at least eight (8) hours' notice before returning to
work.
• Sick Leave may be taken in hourly increments. Routine doctor and dentist
appointments should be scheduled on the employees scheduled days off.
Hourly Compensation:
It is understood that employees working this schedule will be paid on an hourly
basis for actual time worked within each pay period, rather than a bi-monthly salary.
Shift Differential:
Employees working Night Shift (N) will be paid a shift differential of 7.00%
for all hours worked. Employees working Day Shift (D) shall receive no shift
differential. Additionally employees on vacation or sick leave will receive no shift
differential.
Overhauls, Shutdowns and Training:
Employees reassigned to overhaul duties, unit shutdowns or training may revert
to a new schedule and rules during their temporary assignment without a loss of
regular pay. If fourteen calendar days' notice of this change is given, no shift change
is due.
Jury Duty/Subpoenaed Witness:
The parties agree to follow the Company policy. However, shift employees will not
be expected to work night shift and serve without rest. When a night shift employee
is required to serve, the parties will mutually agree to the conditions. If the Company
Policy changes during the duration of this Agreement, the Union has the right to
negotiate the effects of that change.
Bereavement Leave:
Three days as acknowledged in Section 7.14.1 is interpreted as 24-hours.
Continuation of 12-hour shifts:
A joint Company/Union 12-Hour Shift Sub Committee shall be established and
will meet as needed to review the 12-Hour Shift Schedule. The Committee will
continue to encourage input from employees regarding the 12-Hour Shift Schedule.
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The 12-Hour Shift Committee may make recommendations, without obtaining a
vote or approval from the affected employees, to amend this agreement. The
Company Labor Relations Director and the Union Business Manager must approve
and sign all amendments or changes to this agreement.
Meals:
Overtime meals will be compensated as per Section 4.2.9 of the Labor
Agreement. (Regular hours are considered twelve (12) hours; therefore, calculations
for meals will be considered after working more than two hours prior to the start of
a shift, or more than two hours after the shift (14) hours, for those on the twelve
(12) hour schedule. Employees working the 8 hour (r) week, will be entitled to a
meal if they work more than two hours prior to the start of their regular shift, or
work more than two hours after the end of their shift (10) hrs and advance notice
per the Meal MOA is not given.
Shift Trades:
Shift trades may be allowed if there is not additional overtime costs associated with
the trade. The Plant Shift Supervisor must approve trades and the trade must be
completed within a one (1) week rotation period.
Employees may elect at the beginning of the year to have their Holiday Pay hours
deposited in a Holiday Pay Bank,to be re-distributed in order to equalize pay periods
throughout the year.
Effective December 26, 2006
Hydro Maintenance Foreman Classification
January 26, 2004
PacifiCorp and IBEW Local 57 mutually agree to establish a new trial classification
as a result of 2003 contract negotiations. However, the Company does not relinquish
its' typical management rights enjoyed prior to the creation of this classification.
The job description and rules governing establishment, implementation, duties and
responsibilities are as follows:
A Hydro Maintenance Foreman is a supervising employee under the direction of
management who: (a) is a qualified, experienced Journeyman in the branch of the
trade they are employed. (b) manages hydro project(s) and personnel as assigned.
Establishing Positions
1. Positions will be established at Grace and Pioneer headquarters.
2. The jobs will be initially offered to incumbent Substation Foreman and posted
for bid thereafter.
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3. Upon closure of bidding, the parties will arrange for interviews of all qualified
applicants.
4. Selection of the successful candidate will be made jointly by a sub-committee of
the Joint Executive Power Committee, consisting of three (3) Union and three
(3) Company representatives, one of which will be the hiring supervisor. The
Committee must reach consensus as to the selection of the final candidate.
Additionally, this sub-committee would have an on-going role towards
maintaining the training curriculum and evaluating the overall effectiveness of
this position.
5. The Hydro Maintenance Foreman may be assigned to assist Plant Management
with weekend duty responsibilities no more than once in a four week period
unless mutually agreed to by the employee. Overtime provisions will be applied
in this event.
6. A Hydro Maintenance Foreman's regular work schedule shall be agreed to by the
company and union, however, it is understood that they will be expected to
work overtime, as needed, to fulfill the job responsibilities.
7. The Hydro Maintenance Foreman will be required to work in their trade.
8. A Hydro Maintenance Foreman will be responsible for the safety and
productivity of employees under their direction.
9. A Hydro Maintenance Foreman is not required to hire, fire, or discipline.
However they will coach, council and communicate with management when their
efforts are not effective.
10.Temporary upgrades will be at management discretion. When required, the
company shall offer the senior most qualified employee the opportunity to fill the
vacant position.
11.This Letter of Agreement is effective for the duration of the current working
agreement between PacifiCorp and IBEW Local 57 unless extended by mutual
agreement. This agreement may be modified as needed by mutual agreement of
the parties or canceled upon written notification by the Company if the
classification is not effective.
Minimum Bid Requirements
1. A Journeyman Electrician or Mechanic as designated by management and;
2. Has completed all the requirements of the Hydro Maintenance Foreman Pool and;
3. Has five (5) years IBEW Local 57, PacifiCorp Journeyman and;
4. Has two (2) years IBEW Local 57, PacifiCorp hydro experience.
If no employee satisfies the requirements above the joint committee will select the
most qualified employee from candidates who are in classifications identified above.
When an employee is selected who has not met all the requirements of the pool,
they will be required to complete the pool requirements within a specified time
period.
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Hydro Compliance Technician
January 26, 2004
REPORTS TO: HYDRO PRODUCTION MANAGER
Wage: $22.89 - Effective January 26, 2004 (prior to general wage increase)
I. MAJOR FUNCTIONS:
• SAFETY: Inspect, test, operate and maintain safety facilities, and
equipment as assigned.
• SECURITY: Inspect, test, operate and maintain security facilities and
equipment as assigned.
• COMPLIANCE: Perform audits, warehouse equipment, and prepare reports
as assigned.
• ENVIRONMENTAL MANAGEMENT: Coordinate waste management
systems as assigned.
II. TYPICAL DUTIES: SAFETY
• Assist the Hydro Safety Administrator in researching and compiling
information for monthly safety meetings, safety bulletins, reports and special
meetings as needed.
• Organize, file and update pertinent safety information and records as
well as distribute these materials to supervisors and safety department as
required. Present and assist with safety demonstrations.
• Inspect, test operate and maintain all plant automatic, manual and special
agent fire protection equipment and systems including portable extinguishers,
hose stations, diesel and electric fire pumps, etc, in compliance with federal
and/or state health and safety regulations.
• Inspect, monitor, maintain and/or replace fire hoses, Scott-Air Paks, first-
aid kits, protective equipment and related safety equipment on a regular basis
in accordance with prescribed regulations. Conduct inventory of all fire
maintenance equipment, chemicals, special agent supplies and prepares
necessary requisitions as directed. Maintain related files and records.
• Perform annual extinguisher and fire hose inspections.
• Perform and document quarterly safety inspections of assigned Hydro East
facilities.
• Ensure P.E.P. audits are performed annually and assist plant personnel with
90-day follow-up.
• Procure, distribute and warehouse safety supplies as required/requested.
• Perform CPR/First Aid instruction for assigned Hydro East area.
• Act as accident/incident investigation team member.
• Perform safety instrument calibration/maintenance as required.
• Maintain O.S.H.A. regulation records and plant records relating to medical,
non- medical and lost-time accidents as per mandate.
• Pulmonary/auditory function testing.
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• Prepare special reports as needed.
SECURITY
• Inspect, test, operate and maintain security facilities and equipment as
assigned.
• Maintain inventory, warehouse and issue Hydro keys.
• Investigate security concerns.
• Prepare special reports as needed.
COMPLIANCE
• Ensure all safety booms are installed and removed as required by the FERC
and report such to Hydro Compliance.
• Annually audit materials and sites to ensure ability to comply with FERC
requirements.
• Procure, warehouse and distribute FERC required signs.
• Inspect, test and maintain compliance equipment as assigned.
• Prepare special reports as needed.
ENVIRONMENTAL MANAGEMENT
• Ensure compliance to Hazardous Chemical program by performing
inspections, keeping records, updating approved chemical list and disposing
of unwanted chemicals.
• Coordinate Waste management for assigned area.
• Prepare and maintain disposal records for assigned area.
• Act as EMS Team Member.
• Ensure Underground Storage Tank compliance in assigned area.
• Quarterly, inspect underground storage sites/records to ensure compliance.
• Prepare special reports as needed.
The typical duties described herein represent a major portion of the job. Other
similar duties may be assigned. When management determines that it is efficient
to do so, employees in this classification may be assigned duties of less complexity.
III. WORK ENVIORNMENT:
• Outside work in all weather conditions including heat, rain, snow, extreme
cold temperatures to as much as minus 40 degrees below zero.
• Inside work includes hydro plant environments, excessive noise, and office
work.
• Extensive travel and overnight stays throughout assigned area.
POST QUALIFICATIONS (Within 180 days)
• Must obtain and maintain a fire extinguisher inspection certificate.
• Must obtain and maintain First Aid/CPR instruction certificate.
• Must obtain and maintain a CDL driver's with a hazmat endorsement.
• Must have a working knowledge of MS Word, MS Excel, PowerPoint,
SAP, and Outlook.
• All certification costs are paid by the Company.
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KNOWLEDGE & SKILLS
• Completion of Power Plant Fundamentals or two years Hydro Plant
experience.
• Must have excellent interpersonal and communication skills.
• Must be able to effectively instruct and teach.
• Must be familiar with OSHA CFR guidelines.
PHYSICAL REQUIREMENTS
• Must be able to stand, stoop, walk, sit, kneel, and crawl.
• Must have good eyesight and hearing.
• Must be able to lift 50 lbs., several times a day.
• Must be able to work extended hours when necessary.
• Must be able to drive a vehicle for up to three (3) hours at a time.
• Must be able to wear a respirator
Designer / Temporary Project Leader
January 26, 2004
The parties have met and agree to use Designers as Temporary Project Leaders on
power plant projects. The designers will be trained in specific areas to perform
Project oversight and inspections during unit overhauls, and limited non-overhaul
specific project administration. Further, the parties recognize this is not work
classified as being performed by bargaining unit employees. This work is currently
performed by department engineers and by independent contractors. Management
reserves the right to continue to do so.
The purpose of this document is to allow designers the opportunity to perform
temporary assignments when the Designers experience a workload shortage. The
Union agrees these are not typical duties of the designers and will not attempt to
capture these duties as bargaining unit work as a result of this document.
1. The assignments will be temporary and will be by specific project only. When
the specific project is complete, the employee will return to his/her regular job
duties.
2. All pay & expenses will be made under the terms of the current Agreement.
3. Management reserves the right to select the designer for temporary assignment
based on, a) Continuity to the job, b) employee availability, and c) specific
Designer discipline.
4. Employees may refuse these assignments. It will be at the discretion of
Management to assign another Designer within the department, or hire the
services of an independent contractor.
5. Overtime will be project specific, with some projects requiring more overtime,
and others requiring none. Therefore, overtime under these specific projects will
88
not be equalized in the Designer classification or over the course of the year on
these assignments.
6. Employees temporarily upgraded to Project Leader will receive an increase in
their base wage of three (3) percent for all hours worked on the project.
Letter of Agreement - Rest Perio
January 26, 2004
The company acknowledges the concern about employee safety when working
extended hours. Both the company and union recognize there are very complex
issues regarding safety, compensation, and productivity.
Union officials, company labor representatives and management in conjunction
with the Joint Power Supply Executive Committee will discuss specific issues as
they occur. Efforts will be made to change scheduling and work practices to
eliminate exposing employees to extended hours. Discussion items will include
allowing appropriate rest periods for the employees.
Upon ratification, a six-month test period will commence in generation. The
program will consist of the following:
• Once an employee works 18 of the prior 24 hours, the employee will be
relieved from duty for at least a six-hour rest period.
If such unpaid rest periods extend into the employee's regular scheduled work hours,
such employees will receive only straight time pay for the rest period hours occurring
during the employee's regular scheduled work hours.
Travel Time for Trainin
November 1, 2006
This memorandum will establish the rules of compensation for employees required
to travel in order to attend training sessions.
1. Normally, traveling out of town will be scheduled so the employee will be able
to travel on Company time.
2. Normal travel expenses such as mileage reimbursement, lodging and a per diem
(M&IE) will be paid by the Company according to the provisions contained in
the Collective Bargaining Agreement.
3. Employees who are required to travel outside of regular scheduled hours on a
normal workday and do so at the Company's request will be compensated at the
appropriate overtime rate for all hours that exceed ordinary home-to-work travel.
Notwithstanding the above, employees required to travel at some mid-point in
the shift may adjust their shift starting and stopping time to accommodate travel.
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4. Employees required to travel on a regular day off will be compensated at the
appropriate overtime rate for all hours up to eight hours regardless of time of day.
5. Employees required to spend the night away from home may take advantage of
PacifiCorp's Friends and Family policy whereby the employee may elect to stay
with friends or family members and be compensated according to the current
policy amounts.
6. If an employee chooses to drive their personal automobile as opposed to availing
themselves of public transportation, such as air travel when appropriate, travel
time will be compensated only for the lesser amount of time of the different forms
of travel. In situations where an employee chooses to use a personal vehicle
instead of public transportation, mileage paid for such travel by personal vehicle
will not exceed the cost of the public transportation.
7. If an employee elects to be accompanied by a companion who is not an employee
of the Company such travel must be done in a personal vehicle unless corporate
Policy states otherwise. All additional expenses for the companion will be the
responsibility of the Employee.
8. Apprentice travel that is not part of apprenticeship curriculum is covered under
this agreement.
9. Either party may cancel this agreement with 30 days' notice to the other party.
RE: MOA's in Previous Collective
argaining Agreemen
During the discussions within the 2001 Local 57 negotiations, the parties agreed to
review the Memorandums of Agreement contained in the collective bargaining
agreement for their on-going validity or the potential to include the pertinent issue(s)
in the text of the new agreement. The following identifies the MOA's that have
been removed from the agreement.
• Advancement without Bidding Customer Service Department
• Advancement without Bidding Load Research Data Analyst
• Advancement without Bidding for Operations Analyst 33 and Senior
Operations Analyst 37
• Business Trainees in Division Offices
• Business Trainees in the General Office
• Combining Job Classifications of Representative, Planner, Estimator to
Customer Services Representative
• Distribution Dispatcher
• Emergency Call Outs Pursuant to Section 6.2.1
• Employment Procedures for Temporary Employees and Apprentices in the
Construction Section of the Engineering Department
• Joint Power Supply Subcommittee-Flexibility
• Little Mountain Operators
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• Meeting with Local 57 Grievance Committee & Carbon Plant Operators
regarding Working Schedules
• Promotion of"Grandfathered Employees"
• Reduction in Force/Bumping Guidelines
• Reduction in Force Guidelines since Merger of January 9, 1989 Utah Power
& Light Company and PacifiCorp
• Regular Working Hours for Travelling Maintenance Crews in Power Supply
Operations Department
• Reorganization of the Dispatchers Office
• Senior System Dispatcher
• South Temple Steam
• Steam Plant-Holiday Coverage for Crews on Weekend Coverage
• Steam Plant Time-Of Call Procedure
• Steam Plant Vacation Schedules
• Systems & Computer Services Advancement of Computer Programmers
• Systems & Computer Services Advancement by Mutual Agreement
• Working Hours for Overhauls in Steam Power Plants
The MOA's are removed from the agreement without prejudice to either party's
interests and their removal does not alter the original intent that formed the
foundation for these agreements.
Respectfully, Jim Cox
Director Labor Relations
(in lieu of signed original copy)
Even though the following MOA's are not included in this agreement both parties
agree to continue to adhere to their intent and practice.
MOA'S Not Included in Contract
• Blundell Geothermal Plant January 28. 2002
• Criteria for testing non-Journeymen and new hires
• Electronic Tech Trainee
• General Foreman
• Idaho-Utah Hydro (multiple MOA's reflecting evolution of agreements)
• Joint Power Supply Subcommittee Flexibility August 26, 1992
• Journeymen Equipment Mechanics
• Journeymen on Shift work rules
• Journeyman Plant Mechanic/Safety Valve Technician
• Little Mountain Operators
• LOU Generation Engineering April 14, 1997
• Pension Benefits for Employees who transfer into CBA positions
• Summer Employment of Students
• Targeted Voluntary Enhanced Severance Program
• Travel time for training of Bargaining Unit personnel
• Working Forman Training Requirements
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Local Union 57, I.B.E.W.
4551 South Atherton Dr.
Salt Lake City, Utah 84123
Phone (801) 270-5757
Fax No. (801) 270-5758
President Willie Murnin
Vice-President Calvin Ockey
Treasurer Tom Carter
Business Manager & Financial Secretary Brent Donohue
Recording Secretary Dean Ellis
Sr. Asst. Business Manager Gary Cox
Asst. Business Manager James Snyder
Asst. Business Manager Scott Long
Asst. Business Manager Roberta Wilson
Asst. Business Manager Maake Maumau
Executive Board
Travis Hiatt Jeffery Wilson
Aaron Carillo Kurt Killian
Barry Nielsen Tom Boyack
92
EXECUTIVE BOARD MEETS
First Friday, Each Month
EXAMING BOARD
Third Sunday, Quarterly
March, June, September, December
APPRENTICE COMMITTEES MEET
First Friday
LOCAL UNIT MEETINGS
American Fork—2nd Tuesday 4:00 p.m.
Big Piney/Pinedale/Frontier every other month—3rd Monday 4:00 p.m.
Carbon—2nd Wednesday 3:30 p.m.
Cedar City— 1st Tuesday 4:00 p.m.
Currant Creek—3rd Wednesday 3:30 p.m.
Delta— lst Thursday 4:00 p.m.
Dixie— lst Tuesday 7:00 p.m.
Evanston—2nd Monday 4:00 p.m.
Gadsby—2nd Thursday 3:30 p.m.
Grace—3rd Thursday 4:30 p.m.
Hunter—2nd Monday 3:30 p.m.
Huntington—2nd Tuesday 3:30 p.m.
Jordan Valley—3rd Thursday 4:00 p.m.
Lake Side—3rd Thursday 3:30 p.m.
Layton—Last Tuesday 4:00 p.m.
Lava Hot Springs—3rd Thursday 4:00 p.m.
Metro— I"Tuesday 4:00 p.m.
93
Milford/GeoThermal— I"Wednesday 4:45 p.m.
Moab—2nd Thursday 4:00 p.m.
Naughton—3rd Tuesday 3:30 p.m.
Ogden Lines—4th Wednesday 4:00 p.m.
Park City—3rd Wednesday 4:00 p.m.
Preston/Smithfield(alternate)—3rd Thursday 4:00 p.m.
Price—4th Thursday 4:00 p.m.
Rexburg—3rd Monday 4:00 p.m.
Shelley—3rd Wednesday 4:00 p.m.
Telluride/Richfield— I"Wednesday 4:00 p.m.
Terminal—2nd Thursday 4:00 p.m.
Tremonton—4th Thursday 4:00 p.m.
Vernal/Goshen—Various Dates and Times
WCCC—Last Wednesday 5:15 p.m.
WRC/Union Hall—3rd Tuesday 5:30 p.m.
94
A J
Advancement without Bidding:44,71 Job Security: 10,55-56
Apprentices:6,9,21-23,28,53,71 Job Site:20-21
B Joint Executive Committee: 17
Bidding:5-7,9-10,21-22,37,44-45,54,66,71 K
Business Manager: 1,3, 11, 18-19,65,73 K-Plus:39
C I,
Classifications:2,4,8-9, 12, 14,20,24,35,56,59, Layoff:5,7-8, 10, 17-18,59
67,71 Leave of Absence:3,36,47
Committee:4,6, 16-19,21-22,24,27,46,53,57,61, Life Insurance:37,39
65-67,70-72,74
Contractors:21,56,69 M
Contribution: 15,37-39,49-50 Meals: 11, 13, 15,46-47,51,66
Mediation: 18
D Medical:7,33-34,36-38,42-43,68
Designer:44-46,69 Military Leave:36-37
Differential: 13, 15-16,65 Minimum Qualifications:5, 14,45,55,60
Disability:3,7,31,33-35,43 N
Discipline:3, 17,22,33,43-46,67,69
Displacement:8-1Q 35 National Labor Relations: 1
Double Time: 12,64 Notice:4, 10-13,24,32-34,36-37,40,47,57-58,61-
Drafter:44-45 66,71
E Emergency: 13-14,21,24-25,47,54,71 Overtime: 11-13,20-21,233---28,34,39,46-47,50-53,
Employee Assistance:39,43 57-59,61,63-66,69-70
Extended Work Hours:46 P
F, Posting:3,5-6,28
Family Medical Leave:7 Probationary:4-5
Federal Occupational Safety and Health: 19 Promotion:5, 17,71
First Step:6, 17 R
Floating Holidays:64 Recall to Previous Classification:9
Fourth Step: 18 Reduction in Force:8,45,71
G Regular Days Off: 13,24,26,47,57
General Foreman:72
Regular Part-Time Employees:4,7,9-11,29,31-32,
Grandfathering:9 34,37,48
Grievance: 1,4, 17-18,44,62,71 Reimbursement:6, 15, 19,34-35,37,4647,70
Relocation:6
H Representative: 1,3, 17,21,46,66,70-71
Headquarters:6, 11-13, 15,20-21,66 Retirement:29,31,33-35,38-39,48-49
Hiring Hall:4, 10,59 Return to Work: 10, 12,25,27,34-37,42-43
Holiday: 12-14,25,27-29,32-33,39,47,58,61,64,
66,71
I
Injury:33-36
Internal Revenue Service: 15,34
95
S
Safety Shoe: 19
Schedule:2,6,8, 11-14, 18,20,23-26,28-34,36,39,
42,47,50,53,55,57-59,61-66,70-71
Second Step: 17
Seniority:3-10, 14, 18,32,36-37,52,54,56-58,61
Shift:8, 11-13, 15-16,20-21,23-26,29,36,47,50-52,
59,61-66,70,72
Sick Leave:29,31-35,37,39,42-43,47,63,65
Stewards:3,28
Substation Foreman:66
T
Taft-Hartley:48
Temporary Employees:4,9,29,56,59-60,71
Termination: 14, 17,20,24,29,31,33,43-44,46,49-
50,60-61
Third Step: 17-18
Time and One-half: 12,24,29,61,64
Transfer: 1,3,5-7,10-11,20,22,24,35-36,38-39,
42,50,54,72
Travel: 11, 13, 15-16,20-21,39,53,58,68,70-72
U
Union: 1-5,8-11, 13-14, 17-19,21-22,24,28,32,34,
36,38,40,43,47-48,53,55-62,65-66,69-70,73,75
Union Business:3, 11,65
Unscheduled:33,36,47,64
V
Vacant Positions:5,8
Vacation:4, 14,25-26,29-35,37,39,42-43,47,50,
57,63-65,71
Vacations and Sick Leave:29
W
Wage: 1-3,6, 14-15, 18,24,34,39-40,46,49,60,67,
70
Weekend: 16,27,50,59,66,71
Western Utilities Health and Welfare Trust:37,39
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