20240829PAC to Staff 175 Attachment E-1.pdf

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L77 Working Agreement
International Brotherhood of Electrical Workers, Local 77
ROCKY MOUNTAIN Chehalis Gas Generation Plant
POWER Term of Agreement:
A DIVISION OF PACIFICOflP
January 26, 2021 — January 25, 2024

TABLE OF CONTENTS
Section Page
Article I: General Conditions and Terms 1-2
Harmony Clause 1.1 1
Term of Contract 1.2 1
Changes or Amendments 1.3 1
Union Activities 1.4 2
Article 2: Scope of Agreement 2-3
Union Membership 2.1 2
Bulletin Board 2.2 3
Article 3: Management Rights 3-4
Article 4: Discipline and Disciplinary Action 4
Probationary Period 4.1 4
Just Cause 4.2 4
Article 5: Classifications Covered 4
Classifications 5.1 4
Article 6: Grievances and Arbitration 4-7
Grievance Process 6.1 4
Arbitration Process 6.2 6
Labor Management Committee 6.3 6
Article 7: Employment Benefits 7-12
Holidays 7.1 7
Personal Time 7.2 8
Bereavement 7.3 9
Military Leave 7.4 9
Jury Duty 7.5 10
Pay Periods 7.6 10
Occupational Disability Benefits 7.7 10
Health and Welfare Benefits 7.8 11
Defined Contribution Plan —401(k) Plan 7.9 11
Life Insurance Benefit 7.10 12
Short-term Disability Benefit and Leave 7.11 12
Long-term Disability Benefit and Leave 7.12 12
Article 8: Seniority, Bid and Award Procedures 13-14
Seniority Rules 8.1 13
Job Bidding and Award Procedure 8.2 14
Article 9: Layoff/Reduction in Force (RIF) and Recall 15
Layoff 9.1 15
Recall 9.2 15
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TABLE OF CONTENTS
Section Page
Article 10: Working Rules 15-20
Working Rules 10.1 15
Overtime 10.2 16
Rest Periods 10.3 16
Meals 10.4 16
Breaks 10.5 17
Training 10.6 17
Worker's Safety Rules 10.7 17
First Aid and Portable Defibrillator(s) 10.8 18
Differential Pay 10.9 18
Scheduling Personal Leave 10.10 18
Manning the Plant 24 Hours 10.11 18
Control Room 10.12 19
Schedules 10.13 19-20
Article 11: Compensation 20
Compensation 11.1 20
Exhibit "A": Minimum Qualifications,
Certifications, Classifications 21-22
Minimum Technical Qualifications A.1 21
Combustion Turbine Control Room Operator Certification A.2 22
Combustion Turbine Operator Certification A.3 22
All Operators Control Room Certified A.4 22
Wage Table A.5 23
Signature Page 23
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AGREEMENT
THIS AGREEMENT is made and entered into by and between PACIFICORP, hereinafter
called the "Company" and LOCAL UNION NO. 77 OF THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS, hereinafter called the "Union."
ARTICLE 1.0 - GENERAL CONDITIONS AND TERMS
1.1 HARMONY CLAUSE
1.1.1 The Company and Union recognize that harmonious relations should be
maintained between them and with the public. The Company and Union
have a common and sympathetic interest in the progress and future of the
electrical industry. All will benefit by continuous peace and by adjusting any
differences which may arise by rational, common sense methods.
1.1.2 The Company and Union agree that the public interest requires the efficient
and uninterrupted performance of all Company services, and to this end
pledge their best efforts to avoid or eliminate any conduct contrary to this
objective. During the term of this Agreement, the Union shall not engage in
any strikes, work stoppages, slowdowns, coordinated interruptions or any
other coordinated delays of work. The Company shall not lockout its
employees during the term of this agreement.
1.2 TERM OF CONTRACT
1.2.1 The parties hereby agree this agreement will be in full force and effect upon
ratification through January 25, 2024, and from year to year thereafter
unless either party notifies the other party not less than sixty (60) days prior
to January 25, 2024, of its desire to terminate or amend same. Without
giving such notice of termination, this Agreement shall be subject to such
changes or modifications as shall be mutually agreed upon by the parties.
1.3 CHANGES OR AMENDMENTS
1.3.1 Any change or amendment to this Agreement shall be in writing and duly
executed by the parties hereto.
1.3.2 Nothing in this Agreement is intended or shall be used to violate any
municipal ordinance, state law, or safety standard, or any other legal public
requirement, nor is it intended to allow public or personal danger to continue
to the detriment of the general public, the Company or the employee. Any
amendment to this Agreement shall be reduced to writing in detail, dated,
and signed by both parties to this Agreement. Copies of all amendments to
this Agreement shall be distributed, at a minimum, as follows:
a. One copy each to both the Company and Union signatories,
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b. One copy to IBEW Local No. 77,
c. One copy shall go through the lines of the affected organization and
shall be maintained electronically on the Company's intranet.
1.4 UNION ACTIVITIES
1.4.1 An employee who accepts an assignment or appointment by the Union that
takes the employee away from regularly assigned duties shall be
considered to be an employee of the Union during the entire period of that
assignment or appointment. When an employee is conducting Union
activities, those activities are for the benefit of the Union and therefore any
injuries occurring while performing those responsibilities shall not be
construed as injuries occurring in the course of the employee's employment
with the Company. The Union agrees to defend, indemnify and hold the
Company harmless against any and all claims, suits, orders or judgments
inclusive of State Industrial claims brought or issued against the Company
as a result of any such Union assignment or appointment. This provision
shall not apply in the following situations:
a. An employee meeting with the Company's management
representatives to discuss local items in a labor/management
meeting;
b. All authorized Union shop steward duties including grievance
investigation, grievance and discipline related meetings, and other
shop steward related activities during work time onsite;
c. An employee meeting with the Company's management
representatives in collective bargaining to resolve local issues; and
d. An employee participating in joint negotiations which include the
Company's management representatives and other management
representatives at which he/she is primarily representing employees
of his/her own Plant location.
ARTICLE 2.0 - SCOPE OF AGREEMENT
2.1 UNION MEMBERSHIP
2.1.1 All employees of the Company coming within the classifications covered by
this Agreement shall, as of this date, be required to share in the cost of
maintaining and operating the Union as their collective bargaining agency
in accordance with its rules, and shall be members thereof in good standing.
The foregoing provisions shall not be construed as denying the Company
the right to select its employees regardless of whether such employees are
members of the Union, but it is the intent of the parties that new employees
covered under this Agreement should become members in good standing
of the Union within thirty-one (31) days after the date of their employment.
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2.1.2 The Company will deduct Union membership dues from the wages of all
regular employees who authorize such deductions by signing and
submitting a Company written authorization form. The Company will submit
to the Union monthly payment and a listing of such deductions, giving the
amount deducted opposite the employee's name. Such deductions shall
continue until revoked by the employee and shall also include such Union
deductions as Political Action Committee ("PAC") or Committee on Political
Education ("COPE") as may be designated by deduction authorization by
each Union member.
2.1.3 The Union shall indemnify the Company against any and all claims,
demands, suits or other forms of liability arising out of or by reason of action
taken or not taken by the Company in complying with the provisions of this
Article. If an improper deduction is made, the Union shall refund directly to
the employee any such amount.
2.1.4 The Union shall at all times keep the Company notified in writing of the name
of the person(s) designated by the Union to act as the shop steward. The
shop steward must be an employee of the Company engaged in work for
the Company covered by this Agreement.
2.1.5 Union business shall be conducted without interference or impact upon
Company operations and shall be conducted by the Union as denoted in
Article 1.4.1, at the Union's expense, provided that a shop steward(s) may
use a reasonable amount of time during regular work hours and onsite in
the grievance investigation and resolution process. In no case shall a shop
steward(s) receive overtime for performing grievance resolution activities.
Under no circumstances shall the Company dismiss or otherwise
discriminate against an employee for making a complaint or giving evidence
with respect to alleged violation of any provision of the Agreement.
2.2 BULLETIN BOARD
2.2.1 The Company shall provide the Union a separate bulletin board for the use
of the Union in posting officially signed bulletins or correspondence.
ARTICLE 3.0 - MANAGEMENT RIGHTS
3.1 MANAGEMENT RIGHTS
3.1.1 Management will define, communicate and implement the rules, objectives
and goals of the company. It will lead and direct employees. It will provide
resources and equipment for safe and efficient work. It will accomplish these
responsibilities through the exercise of all the rights and prerogatives
associated with management and exercised by it. The right, subject to the
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terms of this Agreement, to employ, promote, discipline and discharge
employees, and the management of the property, are reserved by and shall
be vested in the company. The Company recognizes its obligation to
provide notice and opportunity to bargain with the Union over all mandatory
subjects of bargaining.
3.1.2 Some core duties of Senior Technicians & Operators (CTO, CTCRO)
include duties which are typically retained by management. These duties
include planning, managing contractors, and budgeting. Management
retains its right to perform these duties using non-bargaining unit
employees.
ARTICLE 4.0 - DISCIPLINE AND DISCIPLINARY ACTION
4.1 PROBATIONARY PERIOD
4.1.1 All employees are subject to an initial six-month probationary period.
Employees serving their initial Company probationary period shall be
subject to discharge/termination for any reason without just cause and
without any recourse to the grievance procedure.
4.2 JUST CAUSE
4.2.1 Discipline up to and including termination, other than described in Article
4.1.1, shall be subject to just cause.
ARTICLE 5.0 - CLASSIFICATIONS COVERED
5.1 CLASSIFICATIONS
5.1.1 Employment classifications covered by this Agreement and eligible for
Union membership are shown in Exhibit A — Minimum Qualifications,
Certifications, Classifications and Wage Scales.
ARTICLE 6.0 - GRIEVANCES AND ARBITRATION
6.1 GRIEVANCE PROCESS
6.1.1 An Employee covered under the terms of the Agreement has the right to
access the Grievance Process regarding any dispute concerning the
interpretation or application of this Agreement.
At the request of the employee, a Union Steward is permitted to assist the
employee at each step of the grievance process.
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Any settlement reached at Step 1 or Step 2 of the grievance process does
not alter the term of the Agreement and does not create a precedent and/or
past practice.
Time is of the essence. Time limitations within the Grievance Process may
only be extended by mutual agreement of the parties.
6.1.2 Step 1: If the Union believes there has been a violation of a provision set
forth in this Agreement, it shall present a grievance to the immediate
supervisor of the area of the Company affected by the concern. Such
submittal shall be made within ten (15) calendar days from the time of the
event or disagreement causing the complaint. The grievance will contain a
detailed statement of the facts and event upon which the grievance is
based, the specific contract provision(s) allegedly violated, any materials or
information to identify the issues, and the requested remedy. The Company
shall respond in writing within thirty (30) calendar days. The parties agree
to make every effort to settle the grievance promptly at this stage.
6.1.3 Step 2: If the grievance is not resolved at Step 1, the Union Business
Representative shall then forward the written grievance to the Company
Plant Manager or the Manager's designee within fifteen (15) calendar days
after receipt of the Company's Step 1 written response. Upon submittal of
the written grievance, the Union Business Representative informs the
Company if a meeting with management is requested. If a meeting is
requested, it is scheduled within fifteen (15) calendar days from the date of
the request. Meeting participants may include an employee(s), shop
steward, Union Business Representative, Union Business Manager,
Company designee(s), and Labor Relations representative. The purpose of
the meeting is to provide the opportunity to discuss facts so that a good faith
effort can be made to resolve the dispute if possible. Both parties agree to
make best efforts to exchange information known at the time of the Step 2
meeting. The Company shall forward the Company's written reply to the
Union within fifteen (15) calendar days from the date of the filing of the Step
2 grievance or the meeting date, whichever is later.
6.1.4 Step 3: If the grievance is not settled at Step 2 above, the Union or the
Company may request the grievance be decided by an arbitrator in
accordance with the Arbitration Process of this Agreement. Notice of such
request shall be made in writing within fifteen (15) calendar days after the
Union receives the Company's Step 2 decision. The written notice of referral
to the Arbitration Process must include the question(s) at issue and the
desired remedy.
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6.2 ARBITRATION PROCESS
6.2.1 In the event an employee grievance is not settled in Step 2 of the Grievance
Process of the Agreement, the dispute may be submitted to arbitration.
Disputes referred by the Union to the Arbitration Process shall be made in
writing and filed with the Company, employee and Labor Relations
Representative within thirty (30)calendar days after the final Step 2 decision
has been issued by the Company. Disputes referred by the Company to the
Arbitration Process shall be made in writing to the Union Business
Representative within thirty (30) calendar days after the cause that gives
rise to the Company's dispute. Time is of the essence.
The Arbitrator shall be selected through the Federal Mediation and
Conciliation Service (FMCS). The FMCS shall be directed to provide a list
of seven (7) or nine (9) names of Arbitrators, with the number decided by
mutual agreement of parties, who are members of the National Academy of
Arbitrators. The expense of the list will be borne equally by both parties.
Each party shall alternately strike one name from the list until only one name
remains. The parties will alternate in striking first from list to list.
6.2.2 Arbitrator's Role:
a. The jurisdiction of the arbitrator shall be over disputes between any
regular employee covered by the Agreement and the Company that
arise out of complaints concerning discipline/discharge actions, or
interpretations or application of terms of the Agreement. The jurisdiction
of the arbitrator is limited to interpretation of the Agreement and the
application of its provisions to the grievance under consideration. Any
decision by an arbitrator may not add to, eliminate or revise the terms of
the Agreement.
b. The decision of the arbitrator shall be final, conclusive and binding upon
both parties.
c. Each party pays for the preparation and presentation of its case to the
arbitrator. The expense of the arbitrator and any other incidental
expenses such as hotel, travel and court reporters are split evenly
between the two parties.
6.2.3 Time limitations within the Arbitration Process may only be extended by
mutual agreement of the parties.
6.3 LABOR MANAGEMENT COMMITTEE
6.3.1 The Company and the Union shall establish a Labor-Management
Committee composed of the Plant Manager or the Manager's designee and
two additional management representatives, the Business Representative
or the Representative's designee, the shop steward and one additional
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Union member or as otherwise agreed upon by both parties. This
Committee may meet as frequently as may be determined by the parties,
but not less than twice per year unless both parties agree, and shall only
meet after an agenda has been prepared at least one (1) week in advance
of any meeting date agreed upon; or the Committee may meet on call if an
emergency problem arises which can be properly discussed by the
Committee. This Committee shall meet during regular working hours or
during non-working hours only by mutual agreement of the parties.
Employees serving on the Committee as Union members will be considered
as being on Union business when such Committee meets during regular
work hours, and the Company will pay the employee's regular salary and
shall be reimbursed by the Union. The Committee referred to in this section
shall function in a consulting capacity and shall not be considered as a
decision making body. Accordingly, the Labor-Management Committee
shall not discuss grievances.
ARTICLE 7.0 - EMPLOYMENT BENEFITS
7.1 HOLIDAYS
7.1.1 Holidays are as follows:
New Year's Day Martin Luther King, Jr. Da
Memorial Day Fourth of Jul
Labor Day Veteran's Da
Thanksgiving Day Day After Thanksgiving
Christmas Day Floating Holiday 1
For Employees working a Monday through Friday workweek:
If a holiday falls on a regularly scheduled work day, the employee shall
observe that day as the holiday.
If a holiday falls on a Saturday, the Friday preceding shall be observed as
the holiday.
If a holiday falls on a Sunday, the following Monday shall be observed as
the holiday.
7.1.2 For those employees working rotating shifts other than the regular Monday
through Friday work week:
The actual date of the holiday shall be observed as the holiday.
7.1.3 Employees shall receive eight (8) hours holiday pay for each recognized
holiday. Operators on relief schedule will take the designated holiday off
with 8 hours of holiday pay unless scheduled to work the holiday.
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7.1.4 The Floating Holiday must be scheduled with management prior to being
granted. The Floating Holiday must be taken in the payroll year it was
allocated. The Floating Holiday has no cash value at termination or
retirement.
7.2 PERSONAL TIME
7.2.1 The Company has established a Personal Time (PT) Program for all regular
employees to allow for continuation of pay when an employee is away from
work for almost any reason. Employees may use personal time however
they wish subject to Company-business requirements.
7.2.2 Each employee will start accruing personal time as set forth in the chart
below:
Anniversary Year Per Pay Annual Personal Maximum
Period Leave Accrual Accrual
0-4 6.00 hours 144 hours (18 days) 252 hours
(0 through 48 months)
5-12 7.67 hours 184 hours (23 days) 322 hours
(49 through 144 months)
13-23 9.67 hours 232 hours (29 days) 406 hours
(145 through 276 months)
24+* 11.00 hours 264 hours (33 days) 462 hours
(277 of more months)
*Only available to employees hired before January 1, 2017
7.2.3 Use of Personal Time shall be granted in accordance with Article 10.10.1
Scheduling Personal Time and upon approval by the employee's
Supervisor or designee. Approval of unplanned use of Personal Time shall
be sought as early as practicable. All other use of Personal Time shall be
scheduled such that advance approval is sought.
7.2.4 It is the intention that Personal Time be granted by the Company upon
shorter notice for emergencies, death, illness or serious accident in the
immediate family. Notification of absence due to sickness or injury shall be
given to the employee's supervisor or designee, prior to the start of the
regular work shift. In the case of a recognized emergency, notification
should be given at the earliest opportunity.
7.2.5 An employee may access his/her Personal Time, if necessary, for the
employee's illness or injury, as well as in circumstances qualifying under
the Washington Family Care Law or approved leave under the Federal
Family and Medical Leave Act (FMLA).
7.2.6 In case of retirement of any active employee, one hundred percent (100%)
of the Personal Time bank will be paid to the employee. In case of the death
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of any active employee, one hundred percent (100%) of the Personal Time
bank will be paid to employee's designated beneficiary.
7.2.7 Any employee who has accumulated Personal Time as herein provided and
who terminates employment with the Company shall be paid (cashed out)
for their accumulated Personal Time.
7.2.8 Employees can accumulate a maximum of 1.75 times their annual personal
leave accrual. Once personal leave reaches the maximum accrual amount,
per-pay-period accruals cease. It is only when an employee's personal
leave falls below the maximum accrual amount that employees will begin to
accrue per-pay-period personal leave again.
7.3 BEREAVEMENT LEAVE
7.3.1 In the event of a death in an employee's family, the employee will be
provided up to three (3) days (equivalent to 24 hours) paid leave. For the
purposes of such leave, family includes: spouse, parents including step-
parents, children including step-children, siblings, grandparents and
grandchildren. The employee shall notify the employee's supervisor of the
qualifying reason for bereavement leave prior to the start of the leave.
7.4 MILITARY LEAVE
7.4.1 Employees who are members of reserve military organizations, including
the National Guard, will continue to be paid by the Company at their regular
straight-time wage less the amount of their military pay for the duration of
the active duty leave.
There is no salary continuation for employees on military leave during
absences for purposes of military training duty. Employees may choose to
use Personal Time for this type of leave.
Applicable state and federal laws will apply.
7.4.2 REQUEST FOR MILITARY LEAVE
Employees who are called for active duty must provide the following
information to employee benefits and their supervisors:
1. Date they are to report for duty
2. Expected length of the duty
3. Contact name and phone number while they are away
4. Military pay allowance schedule
5. Notification of military leave form (orders must indicate "active duty"
for pay continuation)
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A service member must apply for re-employment within a certain period of
time after his/ her service ends. The time period depends on the duration of
the service:
Duration of Service Deadline for Application for Re-Emplo ment*
Less than 31 days Generally, by the beginning of the first full scheduled work week
following the period of service and after the employee has been
released from active duty and has been at his/her place of
residence for at least eight hours
31 to 180 days By 14 days after completion of the service
More than 180 days By 90 days after completion of the service
*This deadline may be extended depending on certain circumstances outlined by
USERRA, please see the law.
7.5 JURY DUTY
7.5.1 Employees shall be provided paid administrative leave by the Company for
jury duty. Employees must provide their supervisor a copy of the jury duty
notice as soon as possible after receiving it. Supervisors may also require
copies of the papers received at jury duty as proof of jury service.
Employees, who are summoned for jury duty, are expected to report for
work on any regular workday, or major portion of a workday, during the
period of jury service when they are not required to report for jury duty. For
example, if an employee is normally scheduled to work on a Saturday or
Sunday, they are expected to report to work on those days during the jury
duty leave provided that the courts are not in session.
7.6 PAY PERIODS
7.6.1 The Company will pay employees at least twice a month, and will designate
the regular pay days.
7.7 OCCUPATIONAL DISABILITY BENEFITS
7.7.1 In the case of any disability incurred by a regular employee in the service of
the company which is covered by Washington State Industrial Insurance for
or Workers' Compensation, the Company will pay to such disabled
Employee an occupational short-term disability benefit equal to the
difference between seventy-five percent (75%) of his/her regular straight-
time wages and the amount of state compensation for such period as
he/she may be receiving such compensation, for a maximum period of six
(6) calendar months for each continuous period of occupational disability.
Benefits shall begin on the next scheduled workday following the date of
injury or illness, which renders an Employee unable to report to work and
shall continue until the date of certification by a licensed physician that the
Employee is capable of (a) returning to work in his regular job or (b) when
the Employees applies for and receives benefits under the Company's
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Long-Term Disability Plan, but in no case to exceed a period of six (6)
months to the day the occupational disability occurred or the date the
Employee was no longer able to work, whichever is latest.
This benefit can be supplemented in the same means as the STD benefit.
At the end of 180 days of coverage, the employee is subject to the
provisions of the LTD benefit the benefit under this Article will cease.
After an employee has returned to work from an occupational 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.
7.8 HEALTH AND WELFARE BENEFITS
7.8.1 The Company will make contributions to the IBEW/Western Utilities Health
and Welfare Trust for regular full-time and regular part-time employees
covered by this agreement and any changes to Company and employee
contributions for future calendar years will be communicated in October of
the preceding year.
7.8.2 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.
Employee contribution will be 25% of the cost of the Comprehensive Plan
and Company contribution will be 75% of the cost of the plan until December
31, 2024.
7.8.3 All present and future retirees 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, and are responsible to pay
the full premium.
7.9 DEFINED CONTRIBUTION PLAN — 401(k) Plan
7.9.1 Employees may participate in the PacifiCorp K Plus Employee Savings
Plan. For the term of this agreement, consistent with the plan, eligible
employees shall receive a 65% match on the first 6% of eligible plan
compensation up to any regulatory limits. Additionally, eligible employees
may receive up to a 1% discretionary award based on corporate
performance, including safety if the employee has contributed at least one
percent (1%) during the calendar year and was employed on the first and
last day of the calendar year.
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7.9.2 Employees will be eligible for a four percent (4%) enhanced fixed
contribution based on their regular base wages.
7.10 LIFE INSURANCE BENEFIT
7.10.1 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 two (2) times the employee's annual regular wages.
7.11 SHORT-TERM DISABILITY BENEFIT AND LEAVE
7.11.1 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.
7.11.2 Employees may elect to supplement this benefit to receive 100% of their
regular pay first by use of any available Personal Time.
7.11.3 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.
7.12 LONG-TERM DISABILITY BENEFIT AND LEAVE
7.12.1 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.
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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. 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.
7.12.2 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.
ARTICLE 8.0 - SENIORITY, BID AND AWARD PROCEDURE
8.1 SENIORITY RULES
8.1.1 The following seniority rules shall apply to all employees covered by this
Agreement.
8.1.2 The Company shall create and maintain a current bargaining unit seniority
list for the Chehalis Plant. The list shall be updated by the Company no later
than February 1 st and August 1 st each calendar year.
8.1.2.1 An employee's seniority shall be based on the original date of the
employee's continuous employment with the Company at the
Chehalis Plant.
8.1.2.2 All employees are subject to an initial six-month probationary period
during which time seniority does not apply. Employees may be
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terminated during the probationary period for any non-
discriminatory reason. Employees terminated during the
probationary period do not have access to the grievance procedure.
The probationary period may be extended by mutual agreement of
the Company and the Union.
8.1.3 Employees who are granted leaves of absence shall accrue seniority.
8.1.4 The Company will give thirty (30) calendar days' notice to the Union and
employees in advance of a layoff. When factors listed in 8.1.6 are
considered, the employee with the least seniority will be displaced.
8.1.5 In cases where two or more employees start work on the same day, the
date of application for employment shall establish priority of position on the
seniority list.
8.1.6 It is understood and agreed that in all cases of promotion, increase or
decrease of personnel, or recall after lay-off, the following factors shall be
considered and if factors (b) and (c) are sufficient, applicable seniority shall
prevail.
a. Length of continual service.
b. Knowledge, training, ability, skill, adaptability and efficiency.
c. Fit for Duty.
8.2 JOB BIDDING & AWARD PROCEDURE
8.2.1 When vacancies covered under this agreement occur, the following bid
procedure will apply.
8.2.2 Notice of vacancies and new jobs shall be posted for a period of not less
than five (5) days. If an employee is on an approved leave, the Company
will make best efforts to notify the employee of the job opening and the
employee will be given an equal opportunity to bid.
8.2.2.1 A vacancy notice will be furnished to the Union. Bids must be made
before the closing date specified in the notice of the vacancy.
8.2.2.2 The Company will provide a Notice of Award to the Union.
8.2.3 The Company shall, within ten (10) days of the bid closing, make the award
or announce that there were no qualified bidders.
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ARTICLE 9.0 - LAYOFF/REDUCTON IN FORCE (RIF) AND RECALL
9.1 LAYOFF
9.1.1 The Company will give 30 calendar days' notice to the Union and
employees in advance of a layoff. After the Company has determined the
need for a reduction in force, the Company and the Union will meet to review
the circumstances that created the need for the reduction(s).
9.1.2 There shall be no layoffs as a result of Company use of contractors,
subcontractors, part-time employees, seasonal employees, or temporary
employees.
It is understood that certain maintenance activities must be performed by
contractors in order to maintain the warranty of equipment, contractual
provisions or business efficiencies. Employees represented by this
Agreement will cooperate in the performance of such activities.
9.2 RECALL
9.2.1 Regular full-time employees laid off from the Company shall retain rights to
recall to the job classification from which they were reduced for a period of
one year from the date of reduction, during which time they shall retain their
seniority.
9.2.2 During this one-year period, no employee(s) or contractors shall be hired or
promoted to fill a job classification from which a bargaining unit employee
has been reduced unless and until the reduced bargaining unit employee
has been offered reinstatement to the job classification from which reduced.
9.2.3 Recall rights established by this section are contingent upon the reduced
employee keeping the Company informed of their current address and
telephone number and, upon receipt of an offer of reinstatement, reporting
for work within two (2) weeks of receipt of such offer. If the employee fails
to report for work within the two (2) weeks and has not made alternate
arrangements with the Company, the employee shall have waived and
forfeited all rights to employment with the Company. As a result, the
Company may hire, promote or fill the job classification immediately.
ARTICLE 10.0 -WORKING RULES
10.1 WORKING RULES
10.1.1 The following working rules apply to all employees in classifications covered
by this Agreement unless specifically covered elsewhere in this agreement.
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10.1.2 By mutual agreement between parties, employees covered by this
Agreement may be temporarily assigned to special shifts at straight-time
rates for eight hour periods Monday to Friday. Such special shifts shall not
last longer than thirty (30) calendar days, but may be extended by mutual
agreement between parties.
10.2 OVERTIME
10.2.1 Employees shall be paid at the rate of time and one-half (1'/2) for all time
worked other than their regular scheduled shift, except that Company
recognized holidays shall be paid at the rate of double time (2X).
10.2.2 Maintenance employees who are off duty and called to work will be paid
overtime pay beginning at the time of the call. Paid response time shall
not exceed one (1) hour pay. Employees shall be paid a minimum of two
(2) hours for any call out, inclusive of response time. Employees are
required to respond to emergency call-outs in a reasonable time
period.
Operations employees who are off duty and called to cover a vacant shift
within two (2) hours of the start of the shift will be paid, overtime pay
beginning at the time of call.
10.3 REST PERIODS
10.3.1 Employees called out for duty who work for four (4) or more cumulative
hours after the end of their scheduled hours shall be paid at the overtime
rate (except intermission for meals) from their start time until relieved from
duty. Relief from duty shall not be less than eight (8) consecutive hours.
10.3.2 If an employee's eight (8) hour rest period goes into their scheduled hours,
the employee will be paid at their straight time rate for those rest hours,
provided they report for duty at the conclusion of the rest period. Employees
may request to use approved leave for the rest of their regular scheduled
shift and will receive the rest time pay.
10.4 MEALS
10.4.1 Operators do not observe a meal break but eat at the convenience of the
work being performed. Maintenance staff are provided an unpaid one-half
(1/2) hour meal period. Maintenance staff required to work during the unpaid
one-half (1/2) hour meal period of their regularly scheduled shift shall
receive an extra one-half (1/2) hour of overtime pay or in lieu of pay for the
missed meal, may end their regular shift one-half (1/2) hour early subject to
management approval.
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10.4.2 In those instances when any employee is held over more than two (2) hours
or provided less than four (4) hours of notice for a callout lasting more than
four (4) hours and for each subsequent four (4) hour increment thereafter,
the Company will provide a meal.
10.4.3 In lieu of providing a prepared meal, the company may pay the employee
one-half (1/2) hour of straight time pay in accordance with their wage scale
for any meal missed.
10.5 BREAKS
10.5.1 Maintenance employees shall be allowed two (2) fifteen (15) minute break
periods each eight-hour (8) work period, one (1) in the first half and one (1)
in the second half. There shall be an additional third (3rd) break period in the
last third of any twelve-hour (12) work period.
10.6 TRAINING
10.6.1 An employee attending off-site training shall be compensated at their
normal rate of pay for their regular work shift and shall incur no loss of
regular pay for the pay period in which the training occurs. Any travel
expenses such as mileage and meals shall be reimbursed in accordance
with Company policy.
10.7 WORKER'S SAFETY RULES
10.7.1 The Company and the Union have a mutual interest in fostering safe
working conditions for all employees. The Company and the Union will
endeavor to create and maintain a safety focus that will define the Company
and Union as leaders in providing and promoting a safe workplace. The
Company shall sponsor and administer a comprehensive safety process
that addresses all applicable regulatory requirements. All employees who
fail to follow established safety rules, procedures and policy will be subject
to appropriate disciplinary action.
10.7.2 The Company will provide such safety devices and equipment, other than
safety toe shoes, as may be reasonably necessary for the health and safety
of its employees. The Company shall provide a safety toe shoe allotment of
$120.00 per year for a maximum of $360.00 over three (3) years for each
employee whose classification may require wearing safety toe shoes. A
rebuild of work boots is acceptable as long as the employee provides
receipts for the rebuild cost. Allotment will be made January 1st of each
year. Once a reimbursement is requested by the employee in any given
year, the allotment bank resets to zero.
Those employees whose job duties require wearing safety toe shoes will
wear them at all times while on the clock.
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10.7.3 When work cannot be performed safely, additional help and/or expertise
shall be provided or the work postponed.
10.8 FIRST AID AND PORTABLE DEFIBRILLATOR(S)
10.8.1 All employees covered by this Agreement are required to attend training to
obtain first aid certification and subsequent refresher/certification renewal
training provided by the Company to maintain valid first aid certification.
Such first aid training must include coverage of cardio-pulmonary
resuscitation (CPR).
10.8.2 All training and class attendance to comply with Article 10.8.1 shall be on
paid Company time and at no cost to the employees.
10.8.3 The Company will place a portable defibrillator(s) at an appropriate location
site(s) at the Chehalis facility. All employees covered by this Agreement are
required to attend training provided by the Company on its use. The
Company shall ensure that the defibrillation device(s) are maintained and
kept in working order.
10.9 DIFFERENTIAL PAY
10.9.1 Shift differential pay for operators of four percent (4%) shall be paid for all
work hours between 6:30 PM and 6:30 AM (the following day) for all
scheduled and non-scheduled work hours including overtime hours.
10.10 SCHEDULING PERSONAL LEAVE
10.10.1 Seniority shall determine the Personal Leave scheduling priority at the
start of each year provided the senior employees have established their
Personal Leave schedules prior to March 31 of each year by completing
the applicable Personal Leave request forms. After March 31 of each year,
Personal Leave scheduling shall be determined by order of the vacation
requests on a first come first served basis.
10.11 MANNING THE PLANT 24 HOURS
10.11.1 Employees will normally be limited to no more than sixteen (16)
consecutive hours of work.
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10.12 CONTROL ROOM & MAINTENANCE
10.12.1 Non-bargaining unit Company employees who exercise management
rights to adjust, control, or otherwise utilize equipment in the Control
Room automatically assume full responsibility for any consequences.
10.12.2 Non-bargaining unit Company employees who may or may not
exercise management rights and/or are not fully qualified to perform
operational activities and/or maintenance such as adjustment or
repair on plant equipment shall assume full responsibility for any
consequences for any maintenance actions or activities they take or
perform.
10.13 SCHEDULES
10.13.1 The Combustion Turbine (CT) operator will work one of the following
schedules with the work week beginning on Monday:
10.13.1.1 Nine-person, four crew rotation, 12-hour schedule with one
relief operator.
Mon Tue Wed Thu Fri Sat Sun Work
A Shift D D D D 48
B Shift N N N 36
C Shift N D D D 48
D Shift N N N 36
Relief 8 8 8 8 8 40
10.13.1.2 Eight-person, four crew rotation, 12-hour schedule.
Mon Tue Wed Thu Fri Sat Sun Work
A Shift D D D D 48
B Shift N N N 36
C Shift N D D D 48
D Shift N N N 36
10.13.1.3 Other schedules as may be mutually agreed upon by the
Company and Union. The parties agree that the impact of
other shifts or schedules is the proper subject of bargaining.
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10.13.2 The relief operator position shall be posted and filled by bidding. If there
are no bidders, it shall be filled by the lowest seniority person meeting the
minimum qualifications for the position. The relief operator schedule shall
be an eight (8) hour shift from 7:OOAM — 3:30PM M-F. It is also agreed
that the relief operator may be assigned to cover the shifts of absent
employees working M-F, including the night shift except Friday night, with
no loss of their normal forty (40) hours worked each week.
10.13.3 Maintenance employees will work one of the following schedules:
10.13.3.1 6:30AM — 5:OOPM M-TH or T-F
10.13.3.2 7:OOAM — 3:30PM M-F
10.13.3.3 Other schedule as may be mutually agreed upon by the
Company and Union.
10.13.3.4 During outages employees may be placed on an "outage
schedule" to help shorten the duration of the outage. This may
consist of an eight and one half (81/2), ten and one half (101/2)
or twelve and one half (121/2) hour schedule.
10.13.4 No loss of hours worked shall result, for the affected Employees involved
in shift changes, for any pay period affected. Except as provided for under
Article 10.13.2 (relief operator position), if changes must be made to the
scheduled hours of work or scheduled days of the week, notification of the
revision shall be made at least five (5) calendar days prior to the effective
date of the change.
ARTICLE 11.0 - COMPENSATION
11.1 COMPENSATION
The 2017 wage rate for all classifications are noted in Exhibit "A" which is effective
upon ratification of the Agreement.
General Wage Increase (GWI) of 2.5% for all classifications, effective January 10,
2022.
General Wage Increase (GWI) of 2.25% for all classifications, effective January
26, 2022.
General Wage Increase (GWI) of 2% for all classifications, effective January 26,
2023.
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EXHIBIT "A"
MINIMUM QUALIFICATIONS, CERTIFICATIONS, CLASSIFICATIONS
Table A.1 — Minimum Technical Qualifications
Positions Minimum Technical Qualifications
Combustion Turbine Operator . Two years of experience in the operation of a generating facility or
equivalent experience or educational training
• Successfully pass an exam to determine applicant's knowledge and skill
level of operating plant processes, electrical distribution, generation,
water/steam cycles and turbine operation
• Effective communication skills
. Basic proficiency with computers and related software
• Demonstrated team working skills
Combustion Turbine Control . Three years or more experience as a Control Room Operator or shift
Room Operator leader in the operation of a generating plant, a similar facility or
equivalent experience or educational training
• Successfully pass an exam to determine applicant's knowledge and skill
level of operating plant processes, electrical distribution, generation,
water/steam cycles and turbine operation
• Effective communication skills
. Basic proficiency with computers and related software
• Demonstrated team working skills
Journey Level Plant • At least 3 years of journey level mechanical maintenance experience in
Mechanic the maintenance of a large generating plant or similar industrial facility
or process
• Effective communication skills
• Basic proficiency with computers and related software
• Demonstrated team working skills
Journey Level Plant • At least 3 years of journey level electrical maintenance experience in
Electrician the maintenance of a large generating plant or similar industrial facility
or process
• Effective communication skills
• Basic proficiency with computers and related software
• Demonstrated team working skills
Journey Level . At least 3 years of journey level instrumentation and controls
Instrumentation & Controls maintenance experience in the maintenance of a large generating plant
Technician or similar industrial facility or process
• Effective communication skills
• Basic proficiency with computers and related software
• Demonstrated team working skills
The Company maintains the right to hire qualified employees at the level it deems
appropriate.
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EXHIBIT "A"
MINIMUM QUALIFICATIONS, CERTIFICATIONS, CLASSIFICATIONS
A.2 Combustion Turbine Control Room Operator Certification
A.4.1 It is the goal of the Company to have all operation personnel control room
certified. Existing employees at the time of the signing of this Agreement who
do not have control room certification must obtain certification prior to
December 31, 2019, providing that eighty-five percent (85%) of the signed off
qualifications are obtained within the first eighteen (18) months. Following the
first eighteen (18) months, the Company may implement bi-weekly progress
checks to ensure that final qualification is achieved prior to December 31, 2019.
Failure to obtain certification in the specified time frame may result in
termination. Employees hired after ratification of the Agreement that fail to
obtain certification within eighteen (18) months may be subject to termination.
A.3 Combustion Turbine Operator Certification
A.3.1 Combustion Turbine Operators will be required to advance through the plant
specific levels of knowledge by successfully passing the required Combustion
Turbine Operator (CTO) certification courses with a passing score and
successful demonstration of practical knowledge of plant operations as outlined
in the "Qualification Card Program". Advancement will take place at the pace
dictated by the employee's initiative, but will not exceed six (6) months from the
date of hire. Within an additional eighteen (18) months from meeting
qualifications for CTO, the employee must successfully complete qualification
for Combustion Turbine Control Room Operator including completing
qualification guide, passing the written exam, and passing an Oral Board.
Passing score on the written exam is defined as score of 85% or better.
Failure to obtain or maintain certification in the specified time frame may result
in termination.
A.4 All Operators Control Room Certified
A.4.1 It is the goal of the Company to have all operation personnel control room
certified. Existing employees at the time of the signing of this Agreement who
do not have control room certification must obtain certification within eighteen
(18) months. Failure to obtain certification in the specified time frame may result
in termination.
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A-5 WAGE TABLE
IBEW Local 77 Wage Table 2020-2023
Wage Schedule and Job Classifications
Job I Pa Scale 2.5% 1 2.26% 2.0%
Job Classification I Code I Group 112V2020 1/1012022*1112612022 1/2612023
i
Combustion Turbine Operator 8075 8075 38.37 39.33 40.21 41.01
Combustion Turbine Control Room Operator 8076 8076 47.10 48.28 49.37 50.36
Journey Level Plant Mechanic 8077 8077 47.15 48.33 49.42 50.41
Journey Level Plant Electrician 8078 8078 48.03 49.23 50.34 51.35
Journey Level Instrumentation&Controls Technician 8079 8079 50.64 51.91 53.08 54.14
*Ratification Date
Dated this JY� day of , 2022.
LOCAL UNION NO.77 OF THE PACIFICORP
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
Rex Habner Allison Lupico
Business Manager/Financial Secretary Labor Relations Specialist
Stephen M. Cant, CIH Brad Richards
Business Representative VP,Thermal Generation
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