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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 Ep NOV, O PAC I F I CO R P n MrQAM!lbGW FWAGY H"fl#GS comft%W 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 i 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 ii 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 iii 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. 1 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 2 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 3 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 4 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. 5 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 6 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. 7 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. 8 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 9 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 10 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 11 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 12 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 13 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. 14 • 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. 15 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. 16 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. 17 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 18 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. 19 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. 20 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: 21 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. 22 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 24 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 25 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 26 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 28 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 31 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. 33 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 48 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 60 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 61 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. 62 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. 63 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. 64 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. 65 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 66 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. 67 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; 68 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. 69 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 70 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). 71 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. 72 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. 73 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. 74 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; 75 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 76 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. 77 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 78 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 79 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. 80 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. 81 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. 82 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. 83 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. 84 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. 85 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. 86 • 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. 87 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. 89 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 90 • 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 91 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 96 L Cfl O It M It O O O O M M O Cfl CO CO CO t Q r- Cfl M N O r- O M M O O M O N N M M 4 00 600 N N Cfl CO 00 CO CO CO O O M O M f� N � Cl) Cl) Cl) Ln LO N Cl) Cl) Ln LO It LO LO N O N L (fl O It LP) O I� It 0) O r- Cl) f- N r- Cfl M N I-- 't O - 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