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HomeMy WebLinkAbout20240829PAC to Staff 175 Attachment E-2.pdf 111 \ Pr`1E0 NOV..7 ` a n O L77 Working Agreement International Brotherhood of Electrical Workers, Local 77 ROCKY MOUNTAIN Chehalis Gas Generation Plant POWER Term of Agreement: A DIVISION OF PACIFICORP January 26, 2024 — January 25, 2029 TABLE OF CONTENTS Section Page Article I: General Conditions and Terms 1-3 Harmony Clause 1.1 1 Term of Contract 1.2 2 Changes or Amendments 1.3 2 Union Activities 1.4 2-3 Article 2: Scope of Agreement 3-4 Union Membership 2.1 3-4 Bulletin Board 2.2 4 Article 3: Management Rights 4 Article 4: Discipline and Disciplinary Action 4-5 Probationary Period 4.1 4 Just Cause 4.2 5 Article 5: Classifications Covered 5 Classifications 5.1 5 Article 6: Grievances and Arbitration 5-8 Grievance Process 6.1 5-6 Arbitration Process 6.2 6-7 Labor Management Committee 6.3 7-8 Article 7: Employment Benefits 8-16 Holidays 7.1 8-9 Personal Time 7.2 9-10 Bereavement 7.3 10-11 Military Leave 7.4 11-12 Jury Duty 7.5 12 Pay Periods 7.6 12 Occupational Disability Benefits 7.7 13 Health and Welfare Benefits 7.8 13-14 Defined Contribution Plan —401(k) Plan 7.9 14 Life Insurance Benefit 7.10 15 Short-term Disability Benefit and Leave 7.11 15 Long-term Disability Benefit and Leave 7.12 15-16 Article 8: Seniority, Bid and Award Procedures 16-17 Seniority Rules 8.1 16-17 Job Bidding and Award Procedure 8.2 17 Article 9: Layoff/Reduction in Force (RIF) and Recall 18 Layoff 9.1 18 Recall 9.2 18 i TABLE OF CONTENTS Section Page Article 10: Working Rules 18-23 Working Rules 10.1 18-19 Overtime 10.2 19 Rest Periods 10.3 19 Meals 10.4 19-20 Breaks 10.5 20 Training 10.6 20 Worker's Safety Rules 10.7 20 First Aid and Portable Defibrillator(s) 10.8 21 Differential Pay 10.9 21 Scheduling Personal Leave 10.10 21 Manning the Plant 24 Hours 10.11 21 Control Room 10.12 21-22 Schedules 10.13 22-23 Article 11: Compensation 23 Compensation 11.1 23 Exhibit "A": Minimum Qualifications, Certifications, Classifications 24-26 Minimum Technical Qualifications A.1 24 Combustion Turbine Control Room Operator Certification A.2 25 Combustion Turbine Operator Certification A.3 25 All Operators Control Room Certified A.4 25 Wage Table A.5 26 Signature Page 26 ii This Agreement is made and entered into by and between PACIFICORP ("Company") and LOCAL UNION NO. 77 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ("Union") (collectively, the "Parties"). 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. 1.1.3 Neither Company nor Union shall discriminate against any employee or applicant as it relates to any of the terms of this Agreement, because of race, color, religion or religious creed, age, national origin, ancestry, citizenship status (except as required by law), gender (including gender identity and expression), sex, pregnancy, sexual orientation, genetic information, physical or mental disability, veteran or military status, familial or parental status, marital status or any other category protected by local, state, or federal law. The Company and Union will cooperate to provide a work environment free of harassment and discrimination. Any use of gendered pronouns in this Agreement is intended to be all inclusive and gender neutral, and use of "they," "them," or "their" throughout this Agreement is also intended as a gender-neutral pronoun. Use of they/them/their shall mean a single worker or employee unless otherwise specified. Gender-specific terms are not intended to be discriminatory but are the trade terms used to describe certain positions (e.g. "journeyman"). (Added 7/26/24) 1 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, 2029, and from year to year thereafter unless either party notifies the other party not less than sixty (60) days prior to January 25, 2029, 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. 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. 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, 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; 2 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 they are primarily representing employees of their 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. 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. 3 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 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 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. 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. Pre-Grievance Resolution Should an employee have a complaint which may rise to the level of grievance, the employee and the Union steward shall be required to first discuss the complaint with their immediate supervisor or plant manager and allow the supervisor five (5) calendar days to resolve the issue to the employee's satisfaction before the employee may formalize their complaint by filing a grievance. Such complaint shall be brought to the supervisor no later than fifteen (15) calendar days from the time of the event or disagreement causing the complaint. Failing a satisfactory resolution of the employee's complaint by the supervisor in the specified timeframe, the matter may proceed as a grievance as follows: (Added 7126/24) 5 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 fifteen (15) calendar days from the Company's pre-grievance resolution response. The supervisor shall notify labor relations of the grievance upon receipt. 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 to the Union 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 shall be 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. 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 6 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 the parties. The Arbitrators shall be 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 (Amended 7/26/24) 6.3.1 The Company and the Union shall have a labor-management committee (LMC). Unless otherwise agreed by the Parties, the LMC shall be composed of the Plant Manager or their designee, two additional management representatives, a labor relations representative, a Union Business Representative or their designee, a Shop Steward, and up to two additional Union employees. 6.3.2 The LMC shall meet at least twice per year unless the Parties agree that more or fewer meetings are needed. Either the Company or Union may request a meeting date and prepare and provide a proposed agenda to the other. The LMC shall only meet after an agenda has been prepared and distributed at least one (1) week in advance of any meeting date agreed upon by the Parties. The LMC may also agree to meet on call, if an emergency problem arises which can be properly discussed by the LMC. 6.3.3 The LMC shall meet during regular working hours unless the Parties agree to meet outside of regular hours. Employees serving on the LMC representing the Union will be considered as being on Union business when the LMC meets during regular work hours, and the Company will pay the employee's regular salary and shall be reimbursed by the Union for that time. The LMC shall function in a consulting capacity and shall not be considered as a decision-making body. Accordingly, the LMC 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. Day Memorial Day Fourth of July Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day Floating Holiday (2) Amended 7/26/24 If the Company adopts Juneteenth as a Company-observed holiday in the future, then Juneteenth shall be added as an observed holiday under the Collective Bargaining Agreement for that year. (Added 7/26/24) 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. 8 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. 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 (PT) 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. 9 7.2.5 An employee may access their 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 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 (Amended 7/26/24) 7.3.1 All Regular employees will be provided up to forty (40) hours of paid bereavement leave for each death in the immediate family. Immediate family is defined as: • A spouse, including individuals in a civil union or domestic partnership • A parent, including stepparent, parent-in-law, civil union and domestic partner's parents • A mother and partner who have experienced pregnancy loss, including miscarriage and stillbirth • A sibling, including sister-in-law or brother-in-law • A child, including child of a civil union or domestic partner, bio logical adopted, foster, stepchild, daughter-in-law or son-in- law • A grandparent or grandchild • An aunt, uncle, niece, nephew, or cousin • Any person over whom the employee is a legal guardian Special circumstances will be given to any other person whose association with the employee was similar to any of the above relationships. 10 Employees may take time off without pay or use any existing paid time off to attend the funeral of a non-immediate family member. Based on business related reasons, this time off will be considered and granted by the employee's manager or supervisor or human resources on an individual basis. Additional time off may be granted depending on various circumstances, such as distance, the employee's responsibility for the funeral arrangements and the employee's responsibility for taking care of the estate of the deceased. Bereavement leave is also available to attend the funeral of a co- worker. The length of time (e.g., days, hours) for such paid leave depends on various circumstances, including distance to the service and relationship. Compensation When bereavement leave is provided, paid time off will be based on the employee's regular work schedule at their regular rate of pay. excluding overtime pay, other premium pay or bonuses. Paid time off for bereavement will not be used to calculate overtime. Reporting and Verification In the event of a death covered under this article, the employee should inform their manager or supervisor immediately or as soon as reasonably practical. The company may require verification of the need for the leave upon the employee's return to work (e.g., a mortuary letter, obituary, etc.). 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. 11 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) A service member must apply for re-employment within a certain period of time after their service ends. The time period depends on the duration of the service: Duration of Service Deadline for Application for Re-Employment* 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. 12 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 their 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 their regular job or (b) when the employees applies for and receives benefits under the Company's 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. 13 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. Beginning January 1, 2025, the following contribution ratio shall be applied for the IBEW Western Utility Health and Welfare Trust: • Plan Year 2025: 20% Employee / 80% Company • Plan Year 2026: 17% Employee / 83% Company • Plan Year 2027: 17% Employee / 83% Company • Plan Year 2028: 17% Employee / 83% Company • Plan Year 2029: 17% Employee / 83% Company (Amended 7/26/24) 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. Beginning plan year 2025, the Company match will be paid at 100% per eligible dollar up to 6% deferred by the employee and will be invested per the employee's direction and there shall be no 1% discretionary award. The definition of pay for employee and employer match contributions to the Plan includes regular, PT, holiday, and overtime payments. The specifics of the K-Plus Plan are contained within the summary plan description. (Amended 7/26/24) 7.9.2 Employees will be eligible for a four percent (4%) enhanced fixed contribution based on their regular base wages. 14 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. 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. 15 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 maintain a bargaining unit seniority list for the Chehalis Plant. On a quarterly basis, the Company shall update the list, provide it to the Union, and post on the Company's intranet page. (Amended 7/26/24) 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 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. 16 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 bid procedure will apply. 8.2.2 Notice of vacancies and new jobs shall be provided by plant management to the Union. The Union shall post the vacancy onsite on the Union's bulletin board for a period of not less than five calendar (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. The Company may simultaneously post vacancies externally during the bid period; however, qualified employee(s) submitting a bid during the bid period shall be awarded the position based on seniority before any external candidate is considered. (Amended 7/26/24) 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) calendar days of the bid closing, make the award or announce that there were no qualified bidders. 17 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. 18 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 (1.5X) 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 callouts 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. 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 19 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 per year for a maximum of $360 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. 10.7.3 When work cannot be performed safely, additional help and/or expertise shall be provided or the work postponed. 20 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. Effective July 26, 2024, the shift differential above shall be seven (7%). (Amended 7/26/24) 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. 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 21 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. 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. 22 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 Effective Effective Effective Effective Effective July 26, January January January January Year 2024 26, 2025 26, 2026 26, 2027 26, 2028 a. GWI-All Classifications 3% 3% 2.50% 2.50% 2.50% b. Market Adjustment to CTO (Job Code: 8075), CRO (Job Code 8076), Mechanic (Job Code 0427) & Electrician Job Code 0428 Only 3% 1.50% - - - c. Market Adjustment to I&C Technician Job Code 0429 1.25% 1% - - - Market adjustments(b.and c.noted above)shall be applied prior to the application of the 2024 general wage increase(a. noted above)but shall be effective the same pay period as the 2024 general wage increase(a.noted above). The Company shall end laundry service for the Mechanic classification effective July 26,2024,and as such shall provide a one-time spot increase of 1%to the Mechanic classification. 23 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 (CTO) 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(CTCRO) 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 Mechanic . At least 3 years of journey level mechanical maintenance experience in 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 Electrician . At least 3 years of journey level electrical maintenance experience in 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 Instrumentation . At least 3 years of journey level instrumentation and controls &Controls Technician maintenance experience in 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 The Company maintains the right to hire qualified employees at the level it deems appropriate. 24 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. AA 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. 25 A-5 WAGE TABLE Effective Effective E4ective Effective Effective GWI3% GWI3% GWI2.50% GWI2.5U°!c GWI2.50°!0 . j PS � : . current Code Group Wage Rate Wage Rate Wage Rate Wage Rate Wage Rate Rate Journey level Plant 427 427 $50.41 $54.01 $56.46 $57.87 $59.32 $60.80 Mechanic Journey level Plant 428 428 $51.35 $54.48 $56.96 $58.38 $59.84 $61.34 Electrician Journey level I&C 429 429 $54.14 $56.46 $58.73 $60.20 $61.71 $63.25 Technician Combustion Turbine 8075 8075 $41.01 $43.51 $45.48 $46.62 $47.79 $48.98 Operator Combustion Turbine 8076 8076 1 $50.36 $53.43 $55.86 $57.26 $58.69 $60.16 Control Room Operator • Effective July 26, 2024 but prior to the application of the 2024 general wage increase a 3% spot increase will be provided to job codes 8075, 8076, 0427 and 0428 while a spot increase of 1.25% will be provided to iob code 0429. • Effective January 26, 2025, but prior to the application of the 2025 general wage increase a 1.5% spot increase will be provided to the job codes 8075, 8076, 0427 and 0428 while a spot increase of 1%will be provided to iob code 0429. Dated this 26 day of July, 2024 LOCAL UNION NO. 77 OF THE PACIFICORP INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ,r Rex Habner Julie Lewis Business Manager/Financial Secretary Vice President of Human Resources Stephen M. Cant, CIH-Ret Business Representative 26