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HomeMy WebLinkAbout20240829PAC to Staff 175 Attachment I.pdf L197 Working Agreement Utility Workers Union of America, Local 197 PACIFIC POWER Term of Agreement: A DIVISION OF PACIFICORP May 26, 2022 — May 25, 2027 INDEX Agreement Section Page Introduction and Preamble 1 Scope of Agreement 1.0 1 Terms of Agreement 2.0 2 Anti-Discrimination 3.0 3 Union Membership 4.0 4 Deduction of Union Dues 4.2 4 Management Rights 5.0 6 Strikes and Lockouts 6.0 6 Grievance and Arbitration 7.0 6 Apprenticeships 11.0 18 Commercial Driver's License 18.18 43 Contracting Work 1.5 2 Definitions 20.0 50 First Aid Training 14.2 26 Force Reduction 13.5 25 Notice of Layoff 13.1.1 22 Rehire Following Layoff 13.6 26 Gloves 18.14.2 41 High Time 18.11 41 Holidays 8.0 9 Holidays During Vacation Periods 9.7 12 Hours of Work 17.0 35 Meals 17.8 35 Job Descriptions 16.0 28 Leaves of Absence 19.6 48 Court Summons 18.15 42 Personal Reasons 19.6 48 Union Business 4.3.3 5 i Personal Time 9.0 11 Prescheduled Personal Time 9.3 12 Unscheduled Personal Time 9.4 12 Convert to Supplemental Time 9.9 12 Sell Back 9.10 13 Prescription Safety Eye Protection 18.16 42 Rain ear & Tools 18.14.1 41 Retirement and Insurance Plans for Employees 19.0 45 Safety Rules 14.0 26 Safety-Toed Footwear 18.17 43 Seniority 12.0 21 Loss of Seniority 12.5 22 Short Term Disability Plan 10.0 14 Upgrades 13.2.1 23 Work in two or more classifications 18.3 38 Foreman absence 16.5.2 30 Wages 18.0 36 Overtime 18.1.2 37 Paid Rest Provisions 18.6 38 Overtime Callouts 18.8 39 Customer Response Shift 18.9 40 Declared Emergency 18.19 43 Standby 18.21 44 Work Performed on Holidays 18.1.2 37 Wage Schedules and Job Classifications 21.0 51 Working Rules 15.0 26 Workforce Changes 13.0 22 Promotions 13.2 23 Moving Expenses 13.3 24 Placement of Physically Limited Employees 13.4 24 ii AGREEMENT Between PACIFICORP AND UTILITY WORKERS UNION OF AMERICA, AFL-CIO LOCAL 197 Entered into this 15th day of June 2022 between PacifiCorp hereinafter referred to as Company and Utility Workers Union of America, AFL-CIO Local 197, hereinafter referred to as the "Union". WHEREAS the Company and the Union wish to enter into an agreement respecting wages, hours of employment, working and other conditions of employment: NOW THEREFORE, it is agreed as follows: 1.0 SCOPE OF AGREEMENT (Amended 5/26/22) 1.1 The purpose of this agreement is to facilitate the peaceful adjustment of the differences that may arise from time to time and to promote the mutual benefit of the Company, the Union, and the general public. 1.2 Collective Bargaining Agent The Company recognizes Utility Workers Union of America, AFL-CIO Local 197 (the Union), as the exclusive collective Bargaining Agent in all matters concerning wages, hours and working conditions for the Employees covered by this Agreement. Nothing in this Agreement shall be construed as abridging the rights of the Company, the Union, or individual Employees under the provisions of any applicable law, or as requiring the performance by any of the foregoing of any act in violation of any such law. 1.3 Scope This Agreement covers all employees in job classifications listed in Article 16 herein in the Company's service territory within Coos County, Oregon, BUT EXCLUDING (a) Administrative Employees; (b)janitors and building maintenance; (c) security/guards; (d) Energy efficiency/sales personnel; (e) professional/engineering/business analyst personnel; and (f) Employees performing work historically assigned to other bargaining units. New classifications may be added and/or created by mutual written consent. Management positions, as defined by the National Labor Relations Act, are excluded from the terms of this Agreement, and are not entitled to representation by the Union. 1 Should the Company acquire, operate, or construct any new distribution systems, generating stations, substations, or transmission facilities of an electric utility nature within the jurisdictional area of the Union as defined above, the parties hereto agree to meet and negotiate working rules, wages and conditions for the Employees headquartered at such properties. Should the Company construct or acquire any combustion turbine generating facilities within its regulated business, either simple cycle or combined, the parties will meet to discuss topics associated with the creation of a new collective bargaining agreement or an appendix to this agreement that addresses the technology, staffing requirements, and operating methodologies for such facilities. 1.4 Maintaining Service to the Public The Company and its employees, as well as the Union and its members, recognize that the Company is engaged in providing an essential public service requiring continuous operation, and that the welfare of the public is dependent on such operation. To that end, the Company and the Union (including members who are employees of the Company) agree to perform efficient work and service, and jointly cooperate in promoting and advancing the welfare of the Company and the protection of its services to the public at all times. 1.5 Contracted Work The Company will not contract any work which is ordinarily done by its regular Employees for the specific purpose of laying off or demoting such Employees. The Company, in contracting work, will use its best efforts to preserve the good will and harmonious relations existing between the Union and the Company. Upon request of the Union, the Company will make available for review any contract entered into involving work covered by this Agreement. 2.0 TERMS OF AGREEMENT (Amended 5/26/22) 2.1 This Agreement shall remain in full force and effect from May 26, 2022, up to and including May 25, 2027, and thereafter until terminated. Either party may terminate this Agreement on, or at any time after, May 26, 2027, by giving at least ninety (90) days prior written notice to the other party. However, if the parties are negotiating a new Agreement, the terms and conditions hereof shall continue in effect so long as such negotiations voluntarily continue; and any new agreement may be made retroactive to the date the Agreement would otherwise have terminated. 2.2 Notice to Bargain No sooner than 180 days and no later than ninety (90) days prior to the expiration of the Collective Bargaining Agreement (CBA), unless timelines are mutually agreed otherwise, either party may inform the other of its desire to negotiate modifications or amendments to this agreement. Negotiations on the respective proposals shall begin no later than thirty (30) days of the first notice unless such time shall be extended by mutual consent. If no agreement or settlement is reached, this Agreement shall remain in full force and effect until terminated as provided in section 2.1. 2 2.3 Changes Any changes to this Agreement during the Term thereof, shall only be made by mutual written agreement between the Parties. 2.4 Separability If any part of this Agreement is, or is hereafter found to be, in contravention of the laws or regulations of the United States or of any state having jurisdiction, such part shall be superseded by the appropriate provisions of such law or regulation so long as the same is in effect, but all other provisions of this Agreement shall continue in full force and effect. Upon any such determination being made, the Company and the Union will promptly negotiate and endeavor to reach an agreement upon a suitable substitute, therefore. 2.5 Successor's Agreement Effective March 25, 1998, this Agreement shall be binding upon the successors ofthe Company (Employer), and no provisions, terms or obligations contained herein shall be affected,modified, altered or changed in any respect whatsoever by the sale, conveyance, transfer,assignment, consolidation or merger of the Company's operations covered by thisAgreement or affected, modified, altered or changed in any respect whatsoever by any change of any kind in the legal status, ownership or management of the Company's operations covered by this Agreement, or by the change, geographical or otherwise, in the location or place of business of the Company. In consideration of the Union's execution of this Agreement, the Company promises that its operations covered by this Agreementshall not be sold, conveyed, transferred, or assigned to, or consolidated or merged with, any successor without first securing an enforceable agreement of the successor to assume the Company's obligations under this Agreement. 3.0 ANTI-DISCRIMINATION (Amended 5/26/22) 3.1 Anti-Discrimination Declaration Both the Company and the Union agree that they do not discriminate against any employee on the basis of race, color, religion, creed, sex, gender, gender expression, age, national origin, ancestry, disability, marital status, political beliefs, sexual orientation, or military status, in any of their respective activities or operations. Both parties are committed to providing an inclusive working environment for all employees, members, contractors, vendors, clients, and the general public. 3.2 Pronouns The use of "they," "them," or "their" throughout this Agreement is intended as a gender-neutral pronoun, and the use of they/them/their shall mean a single worker or employee, unless otherwise specified. Gender-specific titles, e.g., "Journeyman," are not intended to be discriminatory but remain as historical industry terms. 3 4.0 UNION MEMBERSHIP (Amended 5/26/22) 4.1 Union Membership As a condition of employment, all Employees covered by this Agreement, who are members of the Union on the effective date of the Agreement shall remain members for the duration of this Agreement. Any new employee shall be required tobecome a member of the Union no later than the thirtieth (30th) calendar day following employment 4.2 Union Dues and Remittance The Union shall accept membership upon payment of an initiation fee and dues, uniformly required of all members, and shall not seek the discharge of any employee except for the failure to tender said initiation fee and dues. Initiation fees shall be collected separately by the Union. The Local Union will keep the Company currently advised of the monthly dues to be deducted from the wages of each Employee. The Company will deduct and remit the required dues on a monthly basis to the Financial Officer of the Local Union. Such action will be taken following receipt by the Company of voluntary written and signed authorization using a mutually agreed upon form. Said form shall be forwarded to the Company through the Financial Officer of the Local Union 4.2.1 Delinquency of Dues In case any Employee shall become delinquent under the provisions of the foregoing or shall fail to become or to remain a member of the Union, the Union will notify the Company's Labor Relations representative of such fact in writing; and the Company will notify the delinquent Employee within five (5) workdays that such Employee's employment will cease upon the expiration of five (5) workdays after delivery of such notice, unless in the meantime they shall exhibit to their supervisor a receipt or certificate issued by the Union showing that such Employee has been placed in or restored to membership. If any Employee shall take proper action to entitle them to such membership within five (5) workdays after delivery to them of such notice, their continuity of employment shall not be interrupted by such prior delinquency; but, if the delinquent Employee fails to take such action within such five (5) day period, their employment will be terminated at the end of such period. 4.2.2 Dues for Employees on Long-Term Disability Union members placed on Long-Term Disability shall have union dues waived. 4.3 Designated Representatives The Union shall designate Officers, Executive Board Members, Stewards, and any other representatives in accordance with its own Bylaws. The Union will at all times 4 keep the Company's Labor Relations representative notified in writing of the name of each person designated by the Union to act as the Steward or representative. The names of the respective Union and Company representatives designated to handle matters arising under this Agreement in each work group shall be posted on the Company's website and Union bulletin board(s). The Company will make available bulletin board(s) for the posting of Union bulletins and notices. 4.3.1 Representatives for Meetings with the Company An Employee appointed or elected to represent the Union at any meeting with the Company called by or agreed to by the Company to discuss any matter covered by this Agreement, except as provided in Section 4.3.2, shall upon request to the Company, be allowed time off to attend such meeting with pay at the regular straight-time rate for the hours required for attendance at such meeting which otherwise would have been worked by the employee. 4.3.2 Representatives for Contract Negotiations An Employee appointed or elected to represent the Union during contract negotiations with the Company shall be given reasonable time off without pay to transact negotiations. At the Company's discretion it may offer to pay employees to transact negotiations. If such offer is made, the terms and conditions shall be outlined in a separate Letter of Agreement (LOA) between the parties. 4.3.3 Time for Union Business Union Officers and Representatives, upon request to the Company, shall be given reasonably sufficient time off without pay to transact Union business, except as provided in Section 4.3.1 above. 4.3.4 Non-Interference Declaration It is agreed there shall be no discrimination, interference, restraint, or coercion by the Company against any employee because of Union membership or Union activity. The Union agrees there will be no intimidation, coercion, or inference by the Union, against the Company or any of its employees, or the use of company materials or equipment for Union business except for use authorized by local management. The Company will cooperate with the Union in promoting accord and efficiency among the Employees covered by this Agreement, and it pledges fair and impartial administration of this Agreement. 4.4 Labor-Management Committee and Meetings Should the Union or the Company desire to discuss any problems not pertaining to grievances, the issues shall be taken up during quarterly Labor Management Committee meetings. Anticipated meeting dates to be scheduled in February, May, August, and November of each year unless scheduled otherwise by mutual agreement of the parties. The Labor-Management Committee shall consist of equal representation of labor and management of not more than three (3) per side unless otherwise mutually agreed upon. 5 4.5 National Union Representative(s) National Representative(s) from Utility Workers Union of America, AFL-CIO, shall also serve as representatives of the Union, without exclusion of the Union's local leadership. 4.6 The Union agrees to indemnify and save the Company harmless against any and all claims, demands, suits or proceedings arising out of, or by reason of, any action taken by the Company in reliance upon the dues check off and Union membership provisions of this Agreement or on the correctness of any dues deduction authorization furnished by the Union to the Company. The receipt of Union dues by the Union shall constitute a complete release of the Company for all sums transmitted. 5.0 MANAGEMENT RIGHTS (Amended 5/26/22) The management of the business and assets of the Company along with the direction of its work force, including the right to hire, discharge, or discipline for cause, and to assign, promote and lay-off employees are vested in and reserved by the Company, provided its actions do not conflict with the specific provisions of this Agreement. Additionally, the schedules of production and distribution and the methods, processes, and means of producing and distributing electricity are the exclusive prerogatives of Management. 6.0 STRIKES AND LOCKOUTS (Amended 5/26/22) It is recognized by the parties hereto that the Company is engaged in furnishing an essential service that vitally affects the health, safety, and general wellbeing of the community, and it is recognized that the Company and its Employees who are represented by the Union have a mutual responsibility to the public. In recognition of this mutual responsibility, and in the interest of maintaining a constructive relationship between the parties while honoring the terms of the negotiated Agreement, the Union agrees that it shall not authorize any strike, work stoppage, or slowdown, and the Company agrees that there shall be no lockout during the term of this Agreement over matters related to or covered by this Agreement. The Union will take every reasonable means within its power to induce Employees engaged in a strike, work stoppage, or slowdown in violation of this Agreement to return to work; but the Union, its officers, or representatives, shall not be held responsible for any strike, work stoppage, or slowdown, which the Union, its officers or representatives shall have expressly declared to be in violation of this provision. 7.0 GRIEVANCE AND ARBITRATION PROCEDURE (Amended 5/26/22) The Company and the Union will promptly meet and discuss, through their respective 6 representatives, any dispute involving the interpretation, application, or alleged violation of any provision of this Agreement, or any alleged action of the Company or its supervisors which the Employee feels unjustly or unlawfully affects their job, working conditions, and/or any benefits arising out of their job. All such matters shall be adjusted in accordance with the Grievance Procedure hereafter defined. The time limits established herein may only be extended by mutual written agreement of the parties, and any such extensions shall apply only to the current step. For purposes of this section, a grievance is not considered to exist until the grieving party knows or could reasonably be expected to know of the alleged violations. Under no circumstances will a grievance be accepted if not presented within sixty (60) calendar days after the time the alleged violation(s) occurred. The parties agree to make every effort to resolve grievances at the lowest possible step. Therefore, all grievances will begin at Step One and progress through the following steps, unless mutually agreed to otherwise or as outlined in Section 7.3.1. 7.1 Step One Employee(s) having a grievance, and/or the Union Steward or Officer, shall first discuss the matter within fifteen (15) working days of its occurrence with the immediate Supervisor of the department concerned. The Supervisor will respond to the grievance within ten (10) working days after the grievance meeting is concluded. Failure to respond within this time limit will automatically advance the grievance to Step Two. 7.2 Step Two If the grievance is not settled via Step One, the Union shall submit a written Notice of Grievance to the immediate Supervisor of the department concerned and the Company's Labor Relations representative setting forth the following: (a) The name and job classification of Employee(s) alleging the grievance, (b) The nature of the grievance, and the circumstances out of which it arose, (c) The remedy or correction the Company is requested to make, and (d) The section or sections of this Agreement, if any, relied upon or claimed to have been violated. The Company and the Union will make every reasonable effort to settle the grievance at this point. If the parties reach a resolution, the details shall be committed to writing and signed by both parties. Copies of the signed document(s) will be sent to the Union, the immediate Supervisor, and the Company's Labor Relations representative. If the representative(s) do not settle the grievance directly within ten (10) working days after its presentation by the Union, then Step 3 of the grievance process shall apply. 7.3 Step Three If a grievance is not settled under Step Two, the Union's authorized representative(s) shall meet with the Company's authorized representative(s). Such meeting shall be arranged by and with the Company's Labor Relations representative within fifteen (15) working days of receipt of written notice from the Union's representative requesting the meeting and stating the grievance to be considered. The Company will respond to the grievance in writing within ten (10) working days after the grievance meeting is concluded. The Union and the Company may each call and present witnesses to testify at such meeting, and each shall pay all costs of the appearance of any non-employee witness so called by it. 7.3.1 Termination Grievances Any grievance involving termination of employment, will be initiated at Step Three. Termination grievances must be filed with the Company's Labor Relations representative within ten (10) working days after receiving notice of such termination. 7.4 Arbitration Any dispute or controversy arising out of or relating to this Agreement, or any grievance as herein defined, not settled in direct negotiation as provided for in the preceding Grievance Procedure, may be submitted to arbitration by either party providing written notice to the other party. The parties have agreed to comply with the Industrial Arbitration Rules, of the American Arbitration Association, unless the parties agree otherwise via mutual written consent. The Company and the Union agree to take all steps necessary to facilitate the arbitration, and to abide by and perform the award made in such arbitration. The arbitrator shall have no jurisdiction, power, or authority to amend, modify, supplement, vary or disregard any provision of this Agreement, in any respect whatsoever. The parties understand that in the process of making a determination, the arbitrator may be required to interpret existing language. 7.4.1 Selection of Arbitrator Within ten (10) working days after written request to arbitrate, the Company and Union shall meet to select the arbitrator from the American Arbitration Association or Federal Mediation and Conciliation Service lists of names. If they shall thereafter fail to agree upon the arbitrator within five (5) working days, the parties shall request a panel of five (5) arbitrators from the Director of AAA or FMCS. The representatives of the Company and the Union shall promptly select an arbitrator by the alternate striking of names from said panel. s 7.4.2 Expenses Each party shall bear the expense of preparing and presenting its own case. Expenses of the arbitrator and any incidental expenses mutually agreed upon in advance shall be borne equally by the parties hereto. 8.0 HOLIDAYS (Amended 5/26/22) 8.1 The following days shall be recognized as holidays: New Year's Day Martin Luther King Jr. Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve (Effective January 1, 2022) Christmas Day For each regular full-time Employee two (2) floating holidays to be scheduled per Section 9.3.1 (seniority rights in preferential scheduling). • Effective January 1, 2024, one additional floating holiday will be added for a total of three (3) floating holidays. • Effective January 1, 2025, one additional floating holiday will be added for a total of four (4) floating holidays. In the year of hire, the floating holiday hours will be allocated in accordance with the chart(s) below, pro-rated for part-time employees in accordance with their schedule: Before January 1, 2024: Month of Hire (Payroll Year) Floating Holiday Hours First (1st) Month — Sixth (6th) Month 16 Seventh (7th) Month —Twelfth (12th) Month 8 Effective January 1, 2024: Month of Hire (Payroll Year) Floating Holiday Hours First (1st) Month — Sixth (6th) Month 24 Seventh (7th) Month —Twelfth (12th) Month 16 Effective January 1, 2025: Month of Hire (Payroll Year) Floating Holiday Hours First (1st) Month — Sixth (6th) Month 32 Seventh (7th) Month—Twelfth (12th) Month 24 9 8.2 Observance of Holidays When a holiday other than Christmas Eve/Christmas falls on a Sunday, it shall be observed on the following Monday. When any such holiday falls on Saturday, it shall be observed on the preceding Friday. When the Christmas holiday falls on Saturday, Sunday, or Monday, Christmas shall be observed on Monday and Christmas Eve on the preceding Friday. 8.2.1 Holiday Deferral for Customer Response Shift/Standby Employees required to be on standby (pursuant to Section 18.21) or Customer Response Shift (pursuant to Section 18.9) on an observed Holiday (as defined in Section 8.1) may elect to defer the eight (8) hours holiday pay to another future regular workday within the current payroll year, subject to supervisor approval. 8.3 Holiday Pay Each regular, full-time Employee shall receive in any week in which they are scheduled to observe a holiday, a holiday allowance of eight (8) hours' pay at their regular straight- time rate as defined in Section 20.7, provided they report for work or are on paid disability leave on their regularly scheduled workdays immediately preceding and following the holiday, or reports for work on one of such days and is on paid disability or other approved leave of absence on the other, or is on paid vacation on such holiday. Temporary Employees will not receive holiday pay for a holiday observed during the firstthirty (30) days of such temporary employment. 8.3.1 Regular Part-Time Employees Regular part-time employees will receive pro-rated holidays after thirty (30) days, based upon hours worked as follows: Before January 1, 2024: Hours of Work per Week & Holiday Pay for Regular Annual Allocation Rate for Allocation Percentage Holidays Floating Holidays Under 20 0 0 20-29 (75%) 6 Hours 12 Hours 30-35 (88%) 7 Hours 14 Hours Over 35 (100%) 8 Hours 16 Hours Effective January 1, 2024: Hours of Work per Week & Holiday Pay for Regular Annual Allocation Rate for Allocation Percentage Holidays Floating Holidays Under 20 0 0 20-29 (75%) 6 Hours 18 Hours 30-35(88%) 7 Hours 21 Hours Over 35 (100%) 8 Hours 24 Hours 10 Effective January 1, 2025: Hours of Work per Week & Holiday Pay for Regular Annual Allocation Rate for Allocation Percentage Holidays Floating Holidays Under 20 0 0 20-29 (75%) 6 Hours 24 Hours 30-35(88%) 7 Hours 28 Hours Over 35 (100%) 8 Hours 32 Hours 8.4 Holiday Worked Time worked on any holiday shall be accounted and paid for as time worked on any other day; provided, however, that work performed on an observed holiday shall be paid for at the holiday overtime rate of pay. 9.0 PERSONAL TIME 9.1 Personal Time - Personal time is a bank of days to be used by an Employee when away from work for reasons of vacation, personal illness, accident, family sickness or personal business. 9.2 Eligibility - Each full-time and part-time Employee in the classifications covered by this Agreement who shall have completed at least one (1) pay period of continuous service, will accrue personal time on a per pay period basis to be credited to their personal bank. Regular part-time employees shall receive a pro-rata personal time allowance per the chart below: Hours of Work per Week Accrual Rate Under 20 0% 20-29 75% 30-35 88% Over 35 100% This pro-rated benefit will be applied to the schedule in Section 9.2.1 based on the number of years of service as a regular part-time or regular employee. Years of service for part- time employees are defined as calendar years that include part-time work. 9.2.1 Personal Time Allowance - The number of hours of personal time awarded an Employee shall be based on their length of service as of the end of the pay period. The personal time allowance can be determined by using the following charts: Personal Time Award Chart Length of Service Hours per Year Hours per Pay Period 1 st pay period through 4 years(1 st 144 6 through 481t' month 5t" year through 11t" year (49t" 192 8 through 132nd month 11 Length of Service Hours per Year Hours per Pay Period 121h year through 20th year(133rd 240 10 through 24oth month) 21 st year and beyond (241 st 288 12 month and beyond) 9.3 Pre-scheduled Personal Time is a personal leave time which may be granted to begin at any time during the payroll year, due consideration being given to (a) minimum interference with the Company's business and (b) seniority. Employees should make their personal time leave requests at least fourteen (14) calendar days prior to the beginning date of the requested leave. Employees who cancel prescheduled Personal Time of four (4) consecutive days or more, should do so at least fourteen (14) calendar days prior to the beginning date of the requested leave. 9.3.1 Seniority rights in the preferential scheduling of personal time leave and the employee's floating holiday must be exercised prior to April 30. 9.4 Unscheduled Personal Time Leave is personal time leave not scheduled as provided in Sections 9.3 and 9.3.1 whereby an Employee may be allowed to use personal time leave (not to include personal illness or injury, or family illness), provided their request does not create scheduling problems and no additional expense is caused the Company by such scheduling, subject to the notice provisions of Section 10.9. Notification of absence after regular work shift begins will be considered to be an unexcused absence. 9.4.1 Unscheduled Personal Time Leave which is used for (a) personal illness or injury or (b) family illness or injury, may at the Company's reasonable discretion, require a physician's verification of disability. 9.5 Rate of Pay - Personal Time Leave pay shall be at the Employee's regular straight- time rate as defined in Section 20.7. 9.6 Disability - In the event that disability as defined in Article 10 of this Agreement occurs prior to and interferes with the scheduled personal time leave, the personal time leave may be rescheduled. 9.7 Holidays - If a holiday is observed under this Agreement during an Employee's paid personal time leave, they shall receive holiday pay only for that day. 9.8 Personal Time Carry Over. Employee's individual bank may be accumulated and carried over to the amount of 360 hours on the last day of each payroll year. (Amended 5/26/22) 9.9 On the last day of each payroll year, any personal time hours above the 360-hour limit will be deferred into the employee's supplemental disability leave bank. Supplemental hours will be used to supplement disability leaves per Article 10. (Amended 5/26/22) 12 9.9.1 Leave with full pay, not to exceed three (3) days per calendar year, may be authorized if the Employee's presence is required (a) at home to care for a family member (i.e., husband, wife, child, or parent) because of that member's serious illness, and/or; (b) at a medical facility because the family member is undergoing a serious medical procedure requiring general anesthesia or whose condition threatens a risk of death. Those three (3) days, if authorized, will be deducted from the Employee's accumulated Supplemental Disability Leave bank. 9.10 Personal Time Pay Upon Termination. All personal time remaining in an Employee's personal time bank will be paid at 100% of the employee's regular rate when the employee retires, is terminated by the Company, is laid off, or resigns. Probationary employees, as defined in Section 20.1, who are terminated or who separate employment during their probationary period for any reason, shall have no claim to compensation for unused Personal Time benefits. (Added 5/26/22) 9.11 Personal time will not continue to accrue to an Employee's personal bank when employment ceases under any of the provisions of Section 9.11, except as may be required under Section 6.2. 9.12 Time spent in military service shall be considered time worked for the purpose of determining the rate of personal time accrued under the preceding sections of this Agreement, provided the Employee had left the employ of the Company to enter military service and returned to its employ within such time as may be prescribed by law. Each Employee, upon leaving theirjob to enter military service, may receive pay for all personal time credited in their personal time bank as provided in Section 9.2.1. Upon resuming work for the Company, as provided above, the Employee will receive, in the year of their reemployment, personal time credits to their personal bank equivalent to what they would have received had they been continuously employed throughout the preceding payroll year, less any payments previously made to them on account of accrued personal time credited for the same prior year. 9.13 Time spent on personal leave of absence in excess of two (2) continuous weeks for reasons other than disability (as defined in Article 10), military service, and jury duty, shall not be considered time worked for purposes of per pay period personal time accrual. 9.14 Time spent on Short-Term Disability Leave shall be considered time worked for purposes of per pay period personal time accrual. 9.15 Personal time credits shall not accrue while an Employee is receiving or eligible to receive insurance benefits under the Union's Long-Term Disability Income Insurance Plan. 9.16 Regular employees, who have worked for the Company, had a break in service and then returned to work with the Company, will be given credit for their entire time worked for the Company when calculating this allocation. This bridging of service will apply to all Company-provided benefit programs. 13 10.0 SHORT-TERM, NON-OCCUPATIONAL & OCCUPATIONAL DISABILITY PLAN 10.1 The Company agrees to provide the following Disability Benefit Plan(s) in order that eligible Employees may be insured against loss of pay when unable to work because of extended illness or injury. The Union pledges its cooperation with the Company in preventing abuse of the Plan by its members and in the enforcement of this Section. The complete details of the Short-term Disability Plan are contained within the Plan Document and summarized in the Summary Plan Description. Both are available to employees covered by this agreement. 10.2 Cost of Plan. The entire cost of the Disability Benefit Plan shall be borne by the Company. 10.3 Definition of Disability. Any medically verified illness or injury which results in the inability of an Employee to perform the duties of their job shall be considered disability for the purpose of this section, subject to the exclusions listed under the following Section 10.4. 10.4 Exclusions. No Employee shall receive benefits under the Plan for any disability which is caused by or is the result of the Employee's violation of criminal laws. 10.5 Eligibility. Each Regular full-time Employee and Part-Time Employee on the first day of the month following start of employment shall be eligible for benefits effective the first full month following hiring. However, any employee receiving an occupational injury or illness shall receive benefits immediately in accordance with the State Workers Compensation Laws. 10.6 Non-Occupational Disability. The initial five (5) days or forty (40) hours of the disability waiting period of a non-occupational disability shall be paid from an Employee's personal time bank provided there is a remaining balance credited. An Employee who suffers a disability and has no remaining personal time credit in their bank will receive no pay. 10.7 Benefits that begin after an Employee has been off work for forty (40) hours, prorated for part-time employees shall continue at the rate of 75% of pay 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 Employee applies for and receives insurance benefits under the Union's Long-Term Disability Income Insurance Plan, but in no case to exceed a period of six (6) months from the date the disability occurred or the date the Employee was no longer able to work, whichever is latest. 10.7.1 Five (5) consecutive workdays, shall be defined as forty (40) hours of work, pro- rated for part-time Employees, the Employee is off work from the same disability within a ten (10) consecutive work day or eighty (80) hour period. The Employee's sixth day of disability, or hours above forty (40) would start the short-term disability period. 14 An Employee who has met the forty (40) hour requirement, as defined in this Section, who has been receiving short-term disability benefits for at least fourteen (14)full calendar days and who is released to return to work, shall not have to meet another forty (40) hour requirement if they become unable to perform their duties and provides medical certification from a licensed physician substantiating a recurrence of the same injury or illness within fourteen (14) calendar days of their return to work. If the accumulated periods of disability exceed a total of six (6) months, the Union's Long-Term Disability Plan will become effective. 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 (6) months) they will be viewed as having qualified for such benefits and their rights will be restored. 10.7.2 An Employee who has hours credited to and remaining in their supplemental disability leave bank, (see Section 10.15), may elect to have hours subtracted from the bank which, when applied to the Short-Term Disability compensation provided under Section 10.7, will increase the disability provision to one hundred percent (100%) of the Employee's regular straight-time rate of pay. 10.7.3 An Employee who has hours credited to and remaining in their Personal Time bank and who does not have any hours in their supplemental disability leave bank may apply the required number of hours from their Personal Time bank to bring their disability compensation provided under Section 10.7 up to one hundred percent (100%) of their regular straight-time rate of pay. 10.7.4 Additional Disability Compensation. In the event that a non-occupational disability is incurred by a regular full-time Employee and the disability is covered by any state, federal or other disability benefit law, the benefits provided in Section 10.7 shall not be superseded thereby; but in no case shall the sum of such state, federal or other disability benefits or compensation and the benefits under the Short-Term Disability Plan or the Union's Long-Term Disability Insurance Plan exceed the benefits otherwise payable under Section 10.7. The Employee will be paid a disability allowance equal to the difference between the percentage provision provided herein and the amount of state, federal or other compensation. 10.8 Occupational Illness or Injury benefits shall begin on the next scheduled work day 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 15 is capable of (a) returning to work in their regular job or (b) when the Employee applies for and receives insurance benefits under the Union's Long-Term Disability Income Insurance Plan, but in no case to exceed a period of six (6) months to the day the disability occurred or the date the Employee was no longer able to work, whichever is latest. An Employee on the day of injury will receive compensation at their regular straight-time rate as if they had worked a regular shift. An Employee released by the State Worker's Compensation Department for return to work within said six (6) months' period, but who is unable to perform any job made available to them by the Company, will continue to receive from the Company eighty percent (80%) of their regular straight-time wages for the balance of said six (6) months. 10.8.1 The benefit paid an Employee under Section 10.8 shall be equal to eighty percent (80%) of their regular straight-time rate of pay for the hours in a normal workday. 10.8.2 An Employee who has hours credited to and remaining in their Personal Time bank but no hours in their supplemental disability leave bank may apply the required number of hours from their bank to bring their disability compensation provided under Section 10.8.1 up to one hundred percent (100%) of their regular straight-time rate of pay. 10.8.3 The hours credited to and remaining in an Employee's supplemental disability leave bank may be used for increasing an Employee's disability provisions under Section 10.8.1 to one hundred percent (100%) of their regular straight-time rate of pay. 10.8.4 In the case of any disability incurred by a regular Employee in the service of the Company which is covered by State Industrial Insurance or Worker's Compensation, the Company will pay to such disabled Employee an occupational disability allowance equal to the difference between eighty percent (80%) of their regular straight-time wages and the amount of state compensation for such period as they may be receiving for a maximum period of six (6) months from the day the disability occurred or the date the Employee was no longer able to work, whichever is latest. 10.9 Notice and Evidence of Disability. An Employee unable to report for work because of illness or injury shall notify the designated Supervisor of their absence and the reason therefore as promptly as their available means of communication permit. Such notice shall not be given less than one (1) hour before the beginning of their shift. In order to receive benefits under Section 10.7, the Employee shall make application to the Company and provide medical evidence of disability on forms to be provided by the Company. The expense of such medical evidence shall not be borne by the Company. The Company, at its option, may require an examination of an Employee absent because of claimed disability either during the period of such claimed disability or upon the Employee's return for work, by a physician to be designated and paid for by the Company. Medical evidence will be accepted from any physicians licensed to practice medicine and 16 surgery, including a doctor of osteopathy, a physician's assistant, a podiatrist, a dentist, a clinical psychologist, an optometrist, a naturopath, a nurse practitioner, a nurse-midwife or clinical social worker, authorized to practice and performing within the scope of their professional license, Christian Science practitioners who are listed with the First Church of Christ Scientist in Boston, Massachusetts, and chiropractors. Also includes any medical care provider recognized under the union health plan. 10.10 Employee Responsibility. Misrepresentation by an Employee of the facts with respect to any disability for which benefits may be claimed by the Employee under this Plan shall disqualify the Employee for such benefits and shall be just cause for disciplinary action. 10.11 If any Employee's regular rate of pay changes while they are receiving disability pay, their disability benefits under this Article will be adjusted accordingly. 10.12 Payment of benefits under this Article 10 shall cease if: • You no longer meet the definition of an eligible employee; (retire or terminated) • You no longer meet the definition of disability; • You fail to provide requested information, proof of disability, or relevant medical records; • You misrepresent facts or falsify records pertaining to your disability claim; • You perform work outside of PacifiCorp; • You fail to remain under the care of a licensed physician or to follow recommended courses of treatment, including participation in requested independent medical exams; • You fail to return to work when allowed by your physician; • You fail to accept or participate in suitable light-duty work offered by the company and approved by a qualified physician; • You refuse to cooperate with an assigned nurse, vocational counselor, or similar professional; • You engage in activities that impede your return to work. or when insurance benefits under the Union's Long-Term Disability Income Insurance Plan begin. 10.13 Holiday. No disability benefits shall be paid for any day for which holiday pay is paid under this Agreement. 10.14 Personal Time. If an Employee is on paid Personal Time off and suffers a disability, they shall notify the Company of such disability as promptly as available means of communication permits. If the disability continues for five (5) consecutive calendar workdays or forty (40) hours and the Employee would have worked those days within their normal work schedule, the Employee will be eligible for benefits under this Article 10 provided that the verification requirements of Section 10.9 are met. 17 Any employee who does not report to work due to their own personal illness as described in this section of the agreement and Section 9.4.1, must use their allocated personal time to cover their absence. No Time Off Without Pay (TOWP) will be granted if an employee has personal time hours available. This includes the forty (40) hour waiting period to qualify for short-term disability benefits and any leave under the Family Medical Leave Act. If an employee has a scheduled personal time per Section 9.3.1 and has exhausted their personal time due to these provisions, TOWP will be granted to cover the previously approved time off. A request for extended TOWP that is not covered under the FMLA is addressed in the Company's Leave of Absence Policy. 10.15 An Employee who, following layoff or leave of absence, returns to active employment with the Company within one (1) year of the start of such layoff or leave, and whose date of beginning continuous service is retained in accord with the provisions of Section 20.10 hereof, shall be entitled to restoration of the hours remaining in their supplemental disability leave bank at the time they left active employment. 10.16 Upon the termination of employment of an Employee for any cause other than retirement,all current benefit credits in the supplemental disability leave bank will be canceled, subject, however, to the provisions of Section 10.15. (Amended 5/26/22) Effective September 1, 2022, any active Employee represented by Local 197 who retires will be credited with the value of any unused supplemental leave as follows: Supplemental Leave Hours times Current Hourly Rate times Sixty-Five percent (65%). This value will be applied to a retiree medical benefit solution (Health Reimbursement Account). (Added 5/26/22) 10.17 Employees may donate time from their Personal Time Bank to the general use leave sharing bank or to a specific employee per Company policy. 11.0 APPRENTICES (Amended 5/26/22) 11.1 Not more than one (1)Apprentice shall be assigned to each crew on maintenance or construction work, except that when one (1) Apprentice is in their fourth (4th), fifth (5th), or sixth (6th) period and has been approved for hot line training, another apprentice in the first (1st), second (2nd), or third (3rd) period may be assigned to a crew with the required personnel to complete the work as provided in paragraph 4.21 of the Accident Prevention Manual. 11.2 Each Apprentice shall work under the supervision of a Journeyman. 11.3 No Apprentice shall be permitted to work live wires, apparatus and/or equipment operated at voltages in excess of 600 volts until the fourth (4th) six-month period of their apprenticeship. 18 11.4 The Company and the UWUA 197 Union shall each designate two (2) representatives plus one (1) alternate representative to a Joint Apprenticeship Training Committee, for the purpose of overseeing the apprentice(s) training progression. Should this committee serve in a joint capacity with other union locals or under a different state apprenticeship number, the aforementioned local representatives shall have the responsibility and final decision-making authority in training progression matters for apprentices working under this agreement. 11.5 A Joint Apprenticeship Selection Committee consisting of equal numbers of Company and UWUA 197 Union members shall be formed as needed to support the apprentice/apprentice qualified selection and hiring process. The committee shall be tasked with determining evaluation criteria, administering mechanical skills/ability evaluation, conducting interviews, and ranking applicants. The number of apprentices to be trained shall be determined by the company. 11.6 Apprentice/apprentice qualified Selection Apprenticeship/apprentice qualified positions will be opened as needed to the general population both inside and outside the company, regardless of an individual's current union membership or seniority. Applicants who meet the minimum test scores and who otherwise satisfy the minimum qualifications may be interviewed based on a review of the applicant's documented work history, training, certifications, and geographic location. The top candidates may be offered apprentice or apprentice qualified positions based on the number of openings. The most qualified applicant(s) will be considered. A. Qualifications will be determined using criteria such as: 1. Commitment to safety 2. Work experience 3. Knowledge of the craft 4. Education and training 5. Job Performance 6. NJATC test score of 6 or better for meterman, 6 or better for estimator and 5 or better for linemen, or equivalent test(s). The cost of the NJATC test will be the responsibility of the applicant. 7. Mechanical skills/ability evaluation of applicants may be required to determine the individual's ability to perform activities associated with the respective branch of the trade. The cost associated with this evaluation will be the responsibility of the applicant. 8. Minimum qualifications as applied to all company applicants 9. Geographic location or commitment to remaining a PacifiCorp employee B. Where candidates are otherwise equal: 1. Preference will be extended to Local 197 applicants; local applicants and other PacifiCorp applicants in that order. 19 2. Applicants who have demonstrated initiative to prepare themselves for an apprenticeship in the trade. 3. Obtained a Class A CDL, where applicable 4. The applicant's driving record will also be a factor 11.6.1 Advertising and Recruiting for Positions. Internal advertising and outreach for the Apprentice/apprentice qualified openings will be handled through the Company's posting and recruiting process Notice of postings will be provided to the union. 11.7 An Apprentice's apprenticeship may be terminated by the initiation of the appropriate State Apprenticeship Council, or an Apprentice may voluntarily terminate their apprenticeship without prejudice. They may bid on any available vacancy. If no vacancy exists, they will be terminated. 11.8 The classification of Apprentice-Qualified is an introduction to the Apprentice Lineman, Meterman, and Estimator Program. Therefore, the following provisions will apply to this position: (a) The intent of this position is to prepare employees to be an Apprentice. The job duties of the Apprentice-Qualified will be aligned with those of the Groundman classification. (b) If for any reason an individual fails to complete the Apprentice Qualified training, that individual will be terminated from PacifiCorp without recourse. (c) There will be a five-year limit from the date of hire as an Apprentice Qualified employee to the date of completion of the apprenticeship. (d) This limit may be extended in extraordinary circumstances as determined and agreed to by the company and union. (e) The rate of pay for the Apprentice-Qualified position will be 72% of the approved Journeyman Lineman hourly wage. However, a person accepting this position will be red-lined at their current rate of pay if it is higher than the Apprentice-Qualified rate until such time as the Apprentice-Qualified rate is greater. (f) The Apprentice-Qualified positions will not be subject to displacement by employees in positions that have not met the qualifications outlined in the preceding sections. 11.8 During bargaining in 2017 the parties agreed to adopt a 4,000-hour indentured Apprentice Estimator Program to replace the existing program. In 2018 the company and union each designated equal representation to an Apprentice Estimator program joint committee. The committee reviewed and established the training components and other details of the 4,000-hour program as well as the associated Apprentice Qualified time. The Apprentice Qualified time is based on what is recognized to be an optimum timeframe of 12 to 18 months, with a minimum of 6 months and maximum of 24 months. (Amended 5/26/22) 20 12.0 SENIORITY 12.1 Seniority Defined. Seniority is defined as the length of continuous service worked by an Employee for the Company under this Working Agreement. For a job requiring the status of Journeyman, the length of continuous service with the Company as a Journeyman in the appropriate branch of the trade shall establish seniority, subject to the provisions of Section 12.3.2. 12.2.1 When Acquired. A regular full-time employee shall first acquire seniority on the day following the completion of six (6) months continuous full-time service as defined in Section 20.10 hereof. A regular part-time Employee shall first acquire seniority on the day following the completion of the equivalent of six (6) months continuous full-time service. 12.2.2 A temporary Employee shall not acquire seniority unless they are continuously employed on a full-time basis for six (6) months without a break or leave of absence or layoff. 12.3 Seniority Date 12.3.1 Seniority Status, when acquired, shall be evidenced by a seniority date for the Employee, which shall be the date of the beginning of their continuous service. 12.3.2 When an Apprentice completes an apprenticeship to the Company and becomes a Journeyman, they shall be assigned a new classification seniority date, which shall be the completion date of their apprenticeship. (Amended 5/26/22) 12.4 An Employee's seniority status and date shall not be affected by absence from work on account of: (a) Illness under approved sick leave, or (b) Injury in line of duty covered by Workmen's Compensation, or (c)Time spent on approved leave of absence for service in the armed forces of the United States, provided the Employee returns to the Company's service following release from military service within six (6) months of first becoming eligible for release from military service, or (d) Service as a regularly empaneled venire person or juror as required by a court, or (e) Layoff, provided the Employee is reemployed by the Company within a period of two (2) years following such layoff, or (f) A regularly approved leave for reasons other than those stipulated in (a), (b), (c), (d), and (e) above, provided such leave does not exceed one (1) year in length, or 21 (g)A regularly approved leave for full-time employment as an officer or agent of the Union, provided it does not exceed one (1) year in length. (Amended 5/26/22) 12.5 Loss of Seniority. An Employee shall forfeit all accrued seniority, and, if reemployed subsequently, have only the status of a new Employee, under any of the following conditions: (a) When they resign their employment with the Company, or (b) When they are discharged for just cause, or (c) When is laid off for a period exceeding two (2) years, or (d) When, following layoff, they fail to report for work within four (4) weeks after written notice from the Company, or (e) When absent on a regularly approved leave of absence for reasons other than sickness, occupational injury, jury duty, or military service, for a period exceeding one (1) year, or (f) When they fail to return to work at the expiration of a leave of absence. (Amended 5/26/22) 12.5.1 An Employee who forfeits all accrued seniority under (c) above, and who is subsequently reemployed by the Company within Local 197 service territory, shall be given credit for prior years of service under this Agreement for purposes of establishing a new union seniority date. (Added 5/26/22) 12.6 Seniority lists shall be provided by the company on a monthly basis. The seniority dates shown on the lists shall govern, unless written request (including email) for change is received by the Company's Labor Relations representative and an officer of the Union. The Company and Union shall confer and mutually agree to seniority date revisions. The seniority list shall also be reviewed during quarterly LMC meetings. (Amended 5/26/22) 12.7 An Employee promoted by the Company or transferred to a regular position outside this Agreement shall retain seniority acquired at the time of transfer, but this shall not apply beyond one (1) year from the date of the promotion or transfer. 13.0 CHANGES IN THE WORK FORCE 13.1 General Provisions 13.1.1 Notice of Layoff. The Company will give regular Employees who have acquired seniority status two (2) weeks' notice of layoff. 22 13.1.2 The Company will post on its bulletin boards, notices of all positions filled under the following Sections 13.2.5, 13.2.6, and 13.4.1. Notice will show the seniority date of the person filling the position. Questions respecting any such placement must be mailed to the Manager of Labor Relations within five (5) days of the date notice thereof is posted. 13.1.3 Any dispute arising under this Article 13.0 will be handled under the Grievance Procedure. 13.2 Promotions 13.2.1 The Company shall offer to the senior qualified person of equal or lower wage rate temporary assignment to a vacancy, for such period as will provide the Company reasonable time to receive and consider applications for the permanent filling of such vacancy not to exceed 6 months without bid. The above shall also apply to covering absences but does not apply to section 16.5.2. (Amended 5/26/22) A Journeyman will not be temporarily assigned to a Foreman position during their probationary period as defined in Section 20.1. 13.2.2 Notice of openings in regular jobs in the classifications specified for posting in the Wage Schedule section of this Agreement will be posted on the Company's bulletin boards. Such notice of vacancy will remain posted for seven (7) calendar days and shall state the job classifications, rate of pay, location, and starting date. 13.2.3 Notice of openings in temporary jobs expected to last six (6) months or more will likewise be posted, and the notice will stipulate the nature and probable duration of the temporary job. If the position is subsequently abolished, the Employee at that work location, holding the most recent temporary appointment to the classification affected, shall be downgraded to the classification they formerly held. 13.2.4 Employees desiring to be considered shall make electronic application using the designated system via the Company intranet, within seven (7) calendar days of the date of the posting of such notice, setting forth their qualifications for the job. The Company shall provide the Union with the list of bidders for each posted position. (Amended 5/26/22) 13.2.5 Subject to section 5.0, in selecting the Employee for the job opening as posted, it is agreed that vacancies shall be filled based on seniority, ability and qualifications. Ability and qualifications being sufficient, seniority shall prevail. The Employee selected will be awarded the job and provided training for a mutually acceptable probationary period not to exceed six (6) months in which to demonstrate learning and ability. If the Employee fails to perform satisfactorily within the probationary period, they may be removed from the position. The Employee leaving the job will exercise their seniority under Section 13.5.1. 23 In considering Employees for promotion to classifications, which require the direction of others, the ability to properly plan and direct the work and to promote harmony and efficiency within the crew shall be the basis of the determination of promotion. The Company shall select the qualified senior employee for the position. Selection shall be in accordance with Section 16.5 and 16.5.1 of the CBA, and the minimum qualifications in those sections will be the criteria for evaluation in the probationary period. If the Employee fails to meet the criteria, they may be removed from the position. The Employee leaving the job will exercise their seniority under Section 13.5.1. (Amended 5/26/22) 13.2.6 Selection of the successful bidder will be made, if possible, within thirty (30) calendar days of the date of closing of the notice of job vacancy. If such selection is not made within the stipulated time, notice of the delay and reason therefore will be posted on the Company's bulletin boards. Notice of selections made will likewise be posted. 13.2.7 Basis of rejection of an applicant will be furnished by the Company if requested in writing by the rejected bidder. 13.3 Moving Expenses 13.3.1 A regular Employee awarded or selected for a job requiring relocation (for example, District Lineman) shall be reimbursed for actual moving expenses up to a maximum of two thousand five hundred dollars ($2,500.00) but not more than once in any twelve (12) month period. 13.3.2 Eligible moving expenses as defined by the IRS guidelines shall be limited to the expense of moving the Employee's household goods, mileage allowance one (1) way for one (1) private automobile, and hotel and meals for the Employee and their dependents for a maximum of three (3) days. 13.4 Placement of a Physically Limited Employee 13.4.1 If an Employee by reason of physical limitations is unable to perform the requirements of their regular job classification, they may be placed in a suitable job by mutual agreement between the Company and the Union. 13.4.2 Each case shall be considered on its merits by a panel consisting of the Secretary of the Union, the Company's Manager of Labor Relations, and two (2) additional members, one (1) of whom shall be designated by the Secretary of the Union and the other by the Manager of Labor Relations. The panel shall have the authority to waive the seniority and bidding provisions of this Agreement in order to place the disabled Employee, and it shall determine the seniority rights of such Employee. 13.4.3 The placing of a disabled Employee in a different job shall not constitute an increase in the Company's normal working force. 24 13.4.4 If an Employee by reason of non-occupational or occupational temporary partial disability is unable to perform the requirements of their regular job classification, and in the judgment of their attending physician and/or the Company's Medical Consultant such temporary partial disability will prevail for six (6) months or less, and the Employee is capable of performing useful work in another job classification, the Company may offer the Employee such available work. If they accept, his rate of pay during such temporary assignment shall be their regular straight-time rate. If the Employee accepts the available work as provided above but becomes physically unable to continue the temporary assignment or cannot resume their regular job assignment at the end of the six (6) month period, all time spent on restricted duty and disability since the onset of that disabling condition may be accumulative for determining the 180-day qualifying period for Disability Income Benefits under the Union's Long-Term Disability Income Insurance Plan. 13.4.5 An Employee on the Union's Long-Term Disability Insurance Plan who is offered reemployment by the Company in a classification for which they are physically qualified to perform the duties as determined by the employee's private physician and the Company's physician and which does not require relocation outside the Coos Bay District shall be required to accept the position. The Employee's rate of pay shall be handled in accordance with the provisions of Section 13.4.8. 13.4.6 When an employee can no longer perform their regular work because of permanent partial disability, the Company and the Union will work collaboratively in order to place that employee into an available position that accommodates their disability, taking into consideration applicable law and Agreement provisions. 13.4.7 This disability shall not be the result of conditions excluded in Section 10.4 hereof, or of self-employment, or employment by others (except on Union business) for remuneration or of disability resulting from service in the Armed Forces. 13.4.8 Disabled employees placed into an alternative job classification shall receive grandfathered pay at their present regular rate of pay or the appropriate pay for that classification as agreed to by the parties. 13.5 Force Reduction 13.5.1 When, because of reduction of force or change in Company operations, it becomes necessary to lay off Employees, an Employee affected by force reductions shall have the option of: (a) downgrading to any classification (other than apprentice) that they previously held on a regular appointment and displacing the Employee in that classification having less and the least overall seniority; (b) accepting layoff. 13.5.2 In the event Journeymen have been laid-off and not offered re-employment, as provided in Section 13.6.1, Apprentices who complete their apprenticeship shall be offered the option of being advanced to Journeyman status and subject to layoff in order 25 of their Journeyman seniority, or of being retained in their 6th period of apprenticeship until all laid-off Journeymen of greater seniority then eligible for rehire have been rehired or offered rehire. 13.6 Rehire Following Layoff 13.6.1 An Employee laid off after having acquired seniority status and date as herein defined, shall, if vacancies occur within a period of two (2) years following such layoff in the classification in which they were laid-off, be given an opportunity to return to a like job in order of their seniority date. Such opportunity shall be by means of a registered letter from the Company delivered to the last known address of the laid-off Employee. An Employee's reemployment privileges shall be lost if they fail, within two (2) weeks of delivery of such notice, to advise the Company of their intention to return to work within four (4) weeks. (Amended 5/26/22) 14.0 SAFETY RULES 14.1 The Company's Accident Prevention Manual shall, by this reference, be a part of this Agreement as though set forth fully herein. The parties to this Agreement pledge strict adherence to the rules embodied in the Manual and the rules and regulations of the state of Oregon. 14.2 Regular Employees will be provided first aid training on the job and are required to have and keep current a Medic First Aid card or the equivalent. New Employees will be required to obtain a Medic First Aid card or equivalent during their probationary period of employment prior to being granted status as a regular full-time Employee. During this probationary period, the Company at its discretion will either provide the training itself or will pay for external training. 14.3 The Parties agree to participate jointly in the Company-wide APM Committee. The Company and the Union shall each designate one (1) representative to the APM Committee who shall serve until their successors are appointed. The Committee will meet as required, or at the request of either party to review issues affecting the safety of Employees and the content of the Accident Prevention Manual. (Amended 5/26/22) 15.0 WORKING RULES 15.1 General Working Rules 15.1.1 Employees shall report for duty at the permanent headquarters, shop, or station designated at the time of employment, or as such permanent headquarters may be reestablished. On overtime callouts, employees assigned a vehicle, according to this Agreement, to drive back and forth from home, may report to the work site. Employees with assigned vehicles must still be called according to the overtime callout list. 26 For the purpose of clarification of coverage areas for the Customer Response Shift (CRS) person and the District Lineman, the CRS will receive first call after hours call outs pertaining to the Lockhart, Coos River, Empire, Isthmus, State Street, Jordan Pt. and South Dunes Substations. The District Lineman will receive first call after hour call outs pertaining to Bandon, Coquille and Myrtle Point Substations. When the District Lineman is unable to take the first callout pertaining to their designated area, then the CRS will be the next to respond in their stead with no other callouts taking place unless additional personnel are needed in order to complete the work. By mutual agreement between the Company and Union, employee(s) may be assigned to report to work at a job location other than the regular work location. The conditions shall be dependent upon the nature of the specific project or assignment as may be established pursuant to this provision. (Amended 5/26/22) 15.1.2 Temporary headquarters may be established where suitable board and lodging are available. 15.1.3 The Company will provide the following for regular Employees when working away from their district: 1. Per Diem for Out of Domicile (defined as a location where you spend the night away from your work headquarters) pursuant to the current IRS Per Diem rate (based on the M&IE allowance calculated by the high-low method)for full days Out of Domicile. For days of travel, the Employee will be paid at 75% of the Per Diem rate. For all days during which a Company provided meal is available, the Employee will be paid at 75% of the Per Diem rate. The current IRS Per Diem rate will be posted on Company bulletin boards and electronically on the Company intranet. 2. Lodging, to include telephone and laundry. In lieu of company provided lodging, employees may elect to stay with family or friends (not the employees' primary or secondary residence)for a business trip that requires overnight stay, the Company will pay a lodging allowance of $55.00 per night, subject to pre-approval of management. (Amended 5/26/22) 15.1.4 A district crew assigned to work out of temporary headquarters for a period exceeding two (2) weeks will be allowed to return to its regular headquarters on alternate weekends on Company time with transportation to be arranged for by the Company. 15.2 Overhead Distribution Department 15.2.1 The erection of poles and towers shall be supervised by a Foreman who is a qualified Journeyman Lineman, assisted as required by Journeyman Linemen, Utility Specialist and Groundmen. The determination of the number and classification of the 27 crew complement, and equipment shall be determined by the Superintendent, taking into consideration the type of work and safe working practices as set forth in the Accident Prevention Manual. (Amended 5/26/22) 15.2.2 Pole stubbing and hole digging shall be done under the supervision of a Journeyman Lineman. A Journeyman Lineman shall be assigned to each mechanical hole digger including the truck-mounted backhoe when engaged in digging pole or anchor holes. 15.2.3 A crew complement may consist of two or more employees. A regularly established District Line Crew is a continuing district crew supervised by a District Line Foreman who occupies their position as the result of a bid. The normal complement of a regularly established District line crew of three (3) or more workers shall include at least one Journeyman Lineman in addition to the Foreman and may include a Utility Specialist, or Apprentice, or Groundman. 15.2.4 A Journeyman performing work at night may call out another workman, by use of overtime call-out list, to assist them when in their opinion it is advisable to do so, as provided in 4.21 of the Accident Prevention Manual. 16.0 JOB DESCRIPTIONS 16.1 The following job descriptions apply to the respective job classifications listed in Article 21 .0 hereof and shall not be construed as preventing an Employee from being assigned to perform other duties of an equal or lesser classification. 16.2 Unless otherwise set forth herein, a Journeyman shall have completed a minimum 6,000-hour, state approved apprenticeship training program or a U.S. Department of Labor recognized apprenticeship training program and shall be qualified in one of the following branches of the trade: (a) Line Construction and Maintenance, and (b) Meter Installation, Testing and Maintenance. 16.2.1 A Journeyman Estimator shall have completed a minimum 4,000-hour, state approved apprenticeship training program or have achieved an equivalent level of training or experience. 16.3 An Apprentice is an Employee who is learning one of the branches of the trade. An Employee awarded an Apprentice position will have already met the six (6) months ground time requirement prior to beginning their apprenticeship. (Amended 5/26/22) 16.3.1 An Apprentice-Qualified is an Employee who is in the progression toward learning one of the branches of the trade. During this time, it is required to complete six (6) months ground time before beginning their indentured Apprentice training program. (Amended 5/26/22) 16.4 Deleted 5/26/22 28 16.5 A General Foreman is a supervising Employee under the direction of an Operations manager who: (a) is a qualified experienced Journeyman Lineman, (b) manages the operation of distribution and transmission facilities. The General Foreman will be provided with an assigned Company vehicle. They may be assigned to assist District management with weekend duty responsibilities. Normal customer response pay (Section 18.9.2) and overtime provisions will be applied in this event. The General Foreman position will be subject to manning the Customer Response Shift per Section 18.9. (Amended 5/26/22) A General Foreman's regular work schedule shall be agreed to by the Company, Union, however, it is understood that they will be expected to work overtime, as needed to fulfill the job responsibility. The General Foreman will be placed on the list, the union will manage the position of the General Foreman on the overtime call-out list. A General Foreman does not have hiring, firing, or disciplinary authority similar to Company Management. Temporary upgrade to General Foreman will be made at the sole discretion of the Company. Upgrades will first be offered to the senior foreman and if no foreman is available or if the upgrade is declined, it then will be offered to the senior Journeyman who the Company deems qualified. The parties intend for the interview process to be collaborative in nature. A joint Company/Union committee with equal representation will interview candidates for General Foreman. Prior to scheduling the interviews, the committee will jointly develop an interview scoresheet designed to screen for the best qualified candidate based on the following criteria: a) Basic Qualifications outlined by section 13.2.5 of the CBA b) Basic Qualifications of the position: a. Experienced Journeyman Lineman b. Capable of managing the operation of distribution and transmission facilities c) Ability to plan and direct the work a. Proficient with company computer systems b. Knowledge of the district including key customers, critical accounts c. Knowledge of the CBA/APM and Grounding Manual d) Ability to promote harmony and efficiency within the crew; examples include: a. Leadership skills b. Respect of Peers c. Demonstrated history of working well with others d. Ability to be self-directed and work with minimal supervision e. Other indicators of supervisory aptitude including history of good attendance and lack of disciplinary history 29 The parties recognize the union committee member input into questions asked at the interview is key to the collaborative nature of this committee. The parties also recognize the importance of keeping the particular interview questions confidential to non-committee members. Therefore, immediately prior to the interview the committee will jointly review the questions to be asked of the candidate. Based on this review, the committee will have the opportunity to provide additional suggested questions or other suggested changes to the interview questions. Based on the interview, the committee will make a recommendation of the top three (3) candidates, one of whom being the committee's preferred candidate. Recognizing that joint selection of this key role is the preferred method, the Company will be deferential to the decision of the joint committee. However, in the event the committee is unable to agree on a candidate, the Company will then have sole discretion to select from these top three (3) candidates. 16.5.1 A Line Foreman is assigned to a Headquarters and is responsible, on a continuing basis for the direct supervision of an assigned crew and the work they perform. The normal compliment of a regularly established line crew of three (3) or more workers shall include at least one (1) Journeyman Lineman in addition to the Line Foreman and may include a Utility Specialist, Apprentice, or Apprentice-Qualified classification. A joint Company/Union committee with equal representation will interview candidates for Line Foreman. Selection for the positions will be based on demonstrated competencies and skills required for the job and mutually developed by the parties, including the following minimum qualifications: (a) Be a qualified Journeyman Lineman; (b) Supervise a crew when engaged in line of substation construction or maintenance work; (c) Shall work with the workers under their supervision to the extent that it does not interfere with their supervisory responsibilities; (d) Be responsible for job planning, work methods, equipment applications, construction standards, and job reporting for the jobs assigned. A joint Company/Union committee with equal representation will review candidates for Line Foreman positions including interview of qualified applicants. Based on the interview, the committee will make a recommendation of the top three (3) candidates, one of whom being the committee's preferred candidate. In ranking the top candidates after the interview process, if all things are equal, seniority will prevail. 16.5.2 The parties agree that any Foreman's upgrade for less than five days will be filled by the senior journeyman on that crew. Any scheduled absence for more than four days will be filled by the senior journeyman in the yard. (Amended 5/26/22) 30 16.5.3 A Working Foreman is a qualified Journeyman Lineman. When two (2) or more Journeymen are working together unsupervised on line or station maintenance or construction, one (1) of them shall be designated a Working Foreman. When a Journeyman and Apprentice are working together unsupervised on line or station maintenance or construction, the Journeyman Lineman shall be designated a Working Foreman. 16.5.4 A Lineman-Estimator is a Journeyman Lineman with five (5) years lineman experience who completes a one (1) year training program as developed by a newly established Joint Estimator Training Committee, with equal representation from the Union and Company. Upon completion of this training program, a Lineman-Estimator rate will be paid 105% of the Journeyman Lineman rate. A Company/Union Committee with equal representation will appoint Lineman for the training program through joint selection of the best-qualified applicant. Selection for the position will be based on demonstrated competencies and skills required for the job and mutually developed by the parties. Temporary upgrade to Lineman-Estimator will be made at the sole discretion of the Company and only to qualified employees. The regular hours of work for a Lineman-Estimator will be 8 AM - 5 PM, adopting the hours of work of a crew if assigned to work with a crew through the designated lunch meal period. The Company/Union Committee will also decide issues related to this position, including, but not limited to overtime callouts and Customer Response Shift responsibilities, etc. 16.5.5 A District Lineman is a Journeyman Lineman who is qualified to and does perform all the functions of a Journeyman Lineman. The primary focus for this position is timely response to customer outages. They must be capable of reading meters, connecting/disconnecting services, repairing lines, outage and power quality troubleshooting, demonstrate professional customer service while handling customer affairs and interaction associated with work orders/requests in the rural areas assigned, and perform other duties as assigned. A District Lineman works out of their home as headquarters and may store Company materials at their home. 16.5.6 A Journeyman Serviceman is a Journeyman Lineman who, with a minimum of supervision, performs the following work: (a) installs, maintains, and removes customer services, (b) sets and removes meters, (c) investigates service interruptions, sectionalizes and/or clears damaged equipment with maximum regard to public safety and speedy restoration of essential service, (d) investigates customers' service calls and complaints, corrects Company equipment if at fault, or advises customer where to seek correction if the customer's equipment is at fault, (e) operates line and substation switches and control equipment on routine or emergency work and keeps themselves familiar with lines and stations, (f) re-fuses transformers and line devices, (g) works as a Journeyman Lineman on a line crew when necessary, (h) performs service connects and disconnects, and other duties as assigned by management. 31 16.5.7 A District Estimator is a Journeyman Estimator in a location with only one (1) permanently assigned estimating position, who through general experience shall have all the qualifications of a Journeyman Estimator. The position shall provide scheduling and coordination of work requirements and assignments in addition to estimating duties. 16.5.8 A Journeyman Estimator is an employee qualified to perform all estimating functions by training as an Estimator Apprentice or equivalent education and experience. They shall have a basic knowledge of electric theory and practice, and a detailed knowledge of construction specifications, electrical codes, and rate and service policies. They shall make field surveys, prepare right-of-way permits, crossing and conflict documents, expenditure requisitions and related papers and assists in the preparation of district annual budgets as assigned. External new hires shall be placed into a training period as outlined in the External New Hire Estimator Training Period Letter of Agreement dated April 13, 2022 (located in the back of the CBA for reference). (Amended 5/26/22) 16.5.9 An Estimator Apprentice is an employee whose qualifications for training have been certified by the Joint Qualification Committee and is in training for a period of 4,000 hours to become qualified as a Journeyman Estimator. In a three-year period, they shall acquire a basic knowledge of electrical theory and practice. They must become qualified for all duties of an Estimator and during that 4,000- hour period, will work as assigned on Estimating duties in the office or the field, with supervision as required by the nature of the assignment. 16.5.10 A Service Coordinator is a clerk who performs support to the Operations as assigned. They will be responsible to perform non PRU and PRU ATF's and Like for Like estimates once trained. Assists in scheduling work for line crews. Maintains dispatch board. Performs clerical work. Service Coordinator A: Has completed the training and evaluation segments in the level B position. Service Coordinator B: Has completed the training and evaluation segments in the level C position. Service Coordinator C: Has completed the training and evaluation segments in the level D position. Service Coordinator D: Entry level position. Must demonstrate basic clerical skills which will include keyboard proficiency and oral and written communications. Employees selected as a Service Coordinator must complete all required Service Coordinator training within twenty-four (24) months of transfer to the job unless mutually agreed otherwise by the Company and the Union. 32 Employees unable to complete the required training within the twenty-four (24) month timeframe will have ninety (90) days to 1) successfully complete all Service Coordinator training and requirements; or 2) bid an existing vacancy for which they are qualified in accordance with Section 13.2.5. 16.6 A Utility Specialist is a qualified Employee who shall perform work mutually agreed to by the Company and Union. Duties assigned to the Utility Specialist are as agreed to by the Company and Union. The Utility Specialist may be required to hold a Commercial Driving License as dictated by the assigned duties and pass minimum qualification requirements as mutually agreed to by the Company and the Union. The Utility Specialist with proper training may be assigned to drive or operate equipment as assigned. Operation of vehicles of 1 ton or less shall not constitute grounds for upgrade. A Utility Specialist assigned connect/disconnect duties is an Employee who, after completion of designated meter connect/disconnect and underground location training, may be assigned under the Company's cold service and delinquent account policies to connect and/or disconnect residential single phase self-contained meters, reads meters, replaces residential single phase self-contained meters, distributes collection notices, and performs other work as assigned. First call for after-hours connect/disconnect activities shall occur in the following order: Customer Response Shift (CRS) person or District Lineman (within their area of responsibility). If the CRS/District Lineman is not available, a Journeyman Meterman will be called. If no Journeyman Meterman is available, the next call goes to the Journeyman overtime list. (Amended 5/26/22) 16.6.1 A Groundman is responsible for supporting the crew by assisting a Lineman or Serviceman with various tasks and duties as assigned related to the installation and repair of overhead and underground power lines. These duties include, but are not limited to, gathering material and gear needed for the job, distribution of material and set up at the job site, operation of vehicles/equipment, using power tools/chainsaw. (Amended 5/26/22) 16.7 Metermen Classifications 16.7.1 A District Meterman is an employee who is a Journeyman Meterman, located at a District Headquarters, no more than two (2) other Journeyman Metermen, is responsible for meter supplies and equipment for their district, and performs the work of a Journeyman Meterman. 16.7.2 A Journeyman Meterman is an Employee who (a) installs, tests and maintains all types and sizes of customers' meters, instruments, and associated equipment and wiring, 33 (b) does routine testing of all type' and sizes of meters when assigned to such work, (c) makes load and voltage surveys, (d) reads demand meters and changes charts, (e) does instrument transformer testing and repairing, (f) supervises Apprentice Metermen and Meter Testers, and (g)tests direct current meters, assisted by an Electrician or Apprentice Meterman. 16.7.3 An Apprentice Meterman is an Employee who, depending upon their ability and training, (a) does routine testing of residential meters, (b) does instrument transformer and meter wiring in the shop, (c) reads demand meters and changes charts, and (d) performs any of the duties listed under Section 16.7.2 under the supervision of a District Meterman or a Journeyman Meterman. 16.7.4 A Field Services Specialist is a qualified non-journeyman employee who performs meter reading, collections/connect/disconnect/removal, replacement or exchange of single-phase, residential self-contained meters. Utility Specialists currently assigned to perform these duties shall be grandfathered at their present rate of pay and all future positions presently held by Metering Utility Specialist may be bid as Field Services Specialists. Upgrade to Field Services Specialist will be made by qualified employees by seniority. 16.7.5 Deleted 5126/22 16.7.6 Deleted 5126/22 16.8 Logistics Department 16.8.1 A Logistics Specialist is an Employee who orders, receives, stores, transports, issues materials, prepares all necessary papers in connection therewith, and is thoroughly familiar with stores routine and account procedures. A Logistics Worker is an Employee who has successfully completed the Logistics Worker training progression and is required to hold a valid Commercial Drivers License (CDL) license. Hours of the Logistics personnel may be changed to best serve the requirements of the operations. The proper schedule of hours for Logistics personnel will be determined locally, and they should be so arranged that crews will not be delayed in leaving the warehouse promptly at the beginning of work hours. 16.8.2 Logistics Trainee 2 is an Employee who has successfully completed the Logistics Specialist training 1 progression. 16.8.3 Logistics Trainee 1 is an entry-level position. Employees must successfully complete the Logistics Specialist training progression. 34 17.0 HOURS OF WORK 17.1 The workweek shall coincide with the calendar week and shall consist of seven (7) days beginning on Sunday at 12:01 a.m. 17.2 The workday shall coincide with the calendar day and shall consist of twenty-four (24) hours beginning at 12:01 a.m., provided that an Employee who works a regularly scheduled night shift starting before midnight and continuing past midnight shall be considered as having worked one (1) day only. 17.3 Unless otherwise agreed to by the parties, eight (8) hours a day on the job shall constitute a day's work, and the regular hours of work shall be from 8:00 a.m. to 5:00 p.m., with one (1) hour off for lunch at noon, except that the regular workday for Stores Employees may begin between the hours of 7:00 a.m. and 8:00 a.m. Arrangements may be made by mutual consent between a Superintendent and a Crew for a one-half (1/2) hour lunch period, in which case the regular workday will end at 4:30p.m. 17.3.1 Single-assignment Journeymen assigned to work with a crew through the lunch period will adopt the work hours of the crew to which assigned. 17.4 Five (5) eight-hour days shall constitute a week's work, except as provided in Section 17.3. The two (2) days off shall be Saturday and Sunday. 17.5 Work in excess of eight (8) hours per day, except as provided in Section 17.3, and work in excess of five (5) eight-hour days, or forty (40) hours in any workweek shall be considered overtime, but hours of work for which daily overtime is paid shall not be included in computing weekly overtime. Hours allowed for observed holidays and other time off with pay shall not be considered hours of work for purposes of computing weekly overtime. 17.6 All Employees required, in the course of duty, to travel from one headquarters to another (except as provided in Section 15.1.1) or to the site of the job, or from station to station, or from shop to shop, shall do so on Company time. 17.7 In the event a crew wishes to return from the site of the work to headquarters or other suitable eating establishments, the Company will supply equipment to transport the crew to and from such headquarters or establishment, provided that the elapsed time for traveling and eating will not exceed the normal one-hour lunch period and that the time spent in such travel not be considered time worked. 17.8 The intent of this article is not to accommodate the undue delay of meal periods, as field Employees and their supervisors are equally committed to safe work practices, excellent customer service and professional working conditions. Regular mealtimes are designated as follows: 35 • Breakfast - 6:30am to 7:OOam • Lunch - 12:OOpm to 1:OOpm • Dinner - 6:OOpm to 6:30pm • Midnight meal - 12:OOpm to 1:OOam Where the work of crews or an individual is not influenced by other crews, individuals or customer service, they may take one-half (1/2) hour as optional choice with advance notice to the Manager. At the Manager's discretion, the Employee who elects a one-half (1/2) hour lunch will either continue work for their regularly scheduled day (gaining one- half (1/2) hour of overtime) or be released from work one-half (1/2) hour early. If employees elect to stop for a meal, all time spent eating shall be deducted from the time sheet. If the nature of the work results in employee(s) working through a meal period, they may choose to have one-half (1/2) hour at the appropriate overtime rate added to their time. Other Provisions: At the discretion of the Employees, when working through their second designated overtime meal period, it is agreed that the Company will provide wholesome nutrition to the job site at no cost to the Employees or at the first safe and reasonable opportunity after working through the second meal period, field Employees not on rotating shifts, will be released to consume a hot meal at their expense. 17.9 When conditions require that work be performed for public safety during the regular noon time lunch period, the General Foreman or Foreman may, advance the mealtime one-half (1/2) hour, or delay it one (1) hour. 17.10 If an Employee is required to work through their regular breakfast period, and if the delayed breakfast period occurs within their regular hours of work, such time shall not be deducted from their regular hours of work for pay purposes. 18.0 WAGES 18.1 Overtime is defined as (a) time worked more than eight (8) hours per day, (b) time worked in excess of five (5) eight-hour days or forty hours in any work week, except those hours of work for which daily overtime is paid shall not be included in computing weekly overtime, (c) time worked on a non-workday, and (d) time worked outside of regular work hours on a workday. 18.1.1 The Company shall make every attempt possible to notify employees forty-eight (48) hours in advance for prescheduled overtime work. 36 18.1.2 All overtime compensation shall be paid as follows: Regularly Scheduled Workdays: 2.5x 2x 1 x 2x 2.25x 2.5x 2 h rs before 2 hrs 3rd hour start of Start of End of after end after end shift Shift Shift of shift of shift Satu rday/Preschedu led First Day Off: 2.5x 2x 2.5x Before 6am I 6am 6:30pm 6:30pm-onward Regular Days Off and Holidays (call-outs) all time paid at 2.5x, except Saturday/1st Regular Day Off prescheduled OT will be paid at 2.Ox for up to a ten (10) hour day scheduled between 6 am and 6:30 pm. Sunday/Second (and consecutive)/Holidays Day Off: 2.5x All hours Exceptions are as follows: The first two (2) hours of travel to and the first two (2) hours from training beyond an Employee's normal workday will be paid at time and one-half (1.5x). All other training travel not to exceed eight (8) hours in a day will be paid at the Employee's straight-time rate. Lay over days will constitute eight (8) hours paid at the Employee's straight-time rate. Time over eight (8) hours will be paid at the time and one-half(1.5x) rate. (Amended 5/26/22) To apply the provisions above, it is recognized that these hours rotate with the clock to represent an employee's shift for overtime pay purposes. 18.1.3 Employees shall be afforded equal opportunity for overtime work at their work location. No combination of overtime or premium pay under this Agreement shall result in a total rate of pay greater than two and one-half (2 and 1/2) times the regular straight- time rate, except as provided in Sections 8.4, and 18.11 hereof. Hours of overtime pay shall be posted regularly in each district for each Employee in said District. The afforded equal opportunity will be governed by the use of the overtime call out list posted at the Employees work location. New hires and employees transferring in will be averaged into the existing overtime list. 37 18.1.4 Journeyman Serviceman will be offered first chance for scheduled overtime work related to normal job duties during the two (2) hours before and the two (2) hours after their regularly scheduled shift, including switching, customer appointments, electrician appointments, etc., during the regularly scheduled work week (Monday through Friday). Overtime on weekends, holidays and hours not covered above will be governed by the overtime call out list. 18.1.5 At the beginning of an Apprentice Lineman's 4th Step, Apprentices qualified for hot work will be averaged into the overtime call out list. Apprentices qualified for hot work will not be placed on the Customer Response Shift. When the Company and Union mutually agree that an Apprentice Lineman needs trouble shooting experience, the Apprentice may be called out with the Customer Response Shift person or District Lineman. Said call outs will not displace a Lineman call out. 18.2 Employees shall be paid at the overtime rate for all time worked on other than their regular shift or day. 18.3 Requirements for working in two (2) or more classifications in the same day: Employees must seek pre-approval of management before doing so, unless assigned such work while under the supervision of a Foreman or General Foreman. Such assignments will be made in keeping with management expectations and respect to the appropriateness of the upgrade relative to the work being performed. Once approved or assigned, the employee shall be paid the higher rate for actual time worked. 18.3.1 An Employee assigned to operate a power saw shall receive 107.5% of the Line Equipment rate of pay while operating such equipment. 18.4 When two (2) or more Journeymen are working together unsupervised on maintenance or construction, one (1) of them shall be upgraded to the appropriate Foreman classification and shall receive the rate of pay for that classification. 18.5 When an employee's regular hours of work need to be changed to normal hours of work (as defined by 17.3) for training purposes, they shall be given at least three (3) calendar days' notice. Failure to provide the employee with such notice will require any premium and/or overtime payments pursuant to the provisions of the Collective Bargaining Agreement. 18.6 Employees working after midnight (to rotate depending on shift hours) on the day before a regularly scheduled workday will receive one (1) hour of paid rest at their straight- time rate for each hour worked after midnight until the start of their regular shift. Employees who are eligible for rest pay under this provision will have the option of banking the rest pay hours as Rest Pay Floating Holiday (RPFH) hours for use later as prescheduled leave subject to established management approval process. RPFH leave balances will not roll over or be carried into the next payroll year. It is the expectation that Employees manage their own balances to avoid having a 38 balance at the end of the payroll year. In the event that there is a Company approved operational reason that the Employee voluntarily forgoes scheduled RPFH time off, then the Company will make the Employee whole by paying the appropriate pay rate for any remaining RPFH balance at the end of the year. Upon separation of employment, all RPFH will be canceled. (Amended 5/26/22) When managing rest time, the Manager, at their discretion shall consider all factors including the following: • Safety • Outage Restoration • Efficiency and financial impact to the business • Equitability between employees by classification Based on these considerations, Management may instruct an employee to take their paid rest during their regular shift with the paid rest added to their straight time pay. If Management determines that an individual(s) is/are being sent home for rest, and all other circumstances are otherwise equal, solicitation for rest will be on a volunteer basis. If there are no volunteers, individuals will be selected based on standing on the overtime call-out list. The exception to this is for pre-scheduled work starting two (2) hours prior to the start of the employee's regular shift. During a storm, Management has increased discretion to exercise best judgement, if all things are equal, may solicit volunteers. For purposes of determining paid rest, the hour is broken into tenths. 18.7 The Customer Response person on duty who is called out after hours for calls before the beginning of their regular shift who works four (4) hours or more on such callouts ending after midnight, shall be afforded the opportunity for eight (8) hours relief from duty with any portion of their relief hours that enter their regular shift shall be paid at the straight time rate, provided that they return to work for the remainder of their regular work shift. (Amended 5/26/22) 18.8 An Employee reporting for work or called from their home on other than their regular day or shift shall receive pay at the overtime rate for a minimum of two (2) hours, including not more than one-half (1/2) hour required for reporting for duty; provided, however, that if they are called within two (2) hours of the beginning of their regular shift, they shall be paid at the overtime rate only from the time they were called or from one- half (1/2) hour prior to the time they actually report for work, whichever is later, until the start of their regular shift. If at least six (6) hours' notice has been given, time for pay purposes shall begin from the time the employee reports for duty and shall end when they return to headquarters. Call-out time with less than six (6) hours' notice shall begin when the Employee is called and shall end when they return to the place from which they were called, but the maximum reporting time allowable with pay shall be one-half (1/2) hour, 39 with a similar maximum allowable for return after release from work. No travel allowance for return shall be payable if the time worked extends into the Employee's regular work shift and they are released from work at the end of that regular shift. 18.9 The Customer Response Shift shall be established in January of each year. Such shifts shall be consistent for all weeks of the year. 18.9.1 The Union will submit the following year's schedule by December 15th of each year so that it may be posted. Journeyman Lineman (Serviceman, Foreman, Lineman Estimators and General Foreman) will be assigned to the shift on a rotating basis and they may exchange or forgive a shift to another journeyman at that work location. Any such trade or exchanges are the responsibility of the Employee assigned to the schedule. 18.9.2 An employee assigned to the Customer Response Shift shall receive 200 percent of the Journeyman Lineman rate of pay (2 hours) per weekday the employee is subject to and available for call and on a Saturday, Sunday or on a Holiday (other than a floating holiday) shall receive 400 percent of the Journeyman Lineman rate of pay (4 hours) for each day that the employee is on call. (Amended 5/26/22) Such payments for standby duty shall be in addition to compensation for services of such Employee when actually called out while on Customer Response duty. 18.9.3 Employees on the Customer Response shift will be provided with an electronic communication device and properly equipped Company vehicle. 18.9.4 District Lineman in their area of responsibility will receive first call and are not eligible for compensation under this article. 18.9.5 The schedule rotation will be alphabetical based on last name in descending order (a-z). Once the original schedule has been established for the work location, any Employee filling a vacancy via internal bid or transfer into the unit will become placed in the established alphabetical rotation schedule accordingly. 18.9.6 If the Union and the Company mutually agree that a Lineman is capable of working the Customer Response Shift before their six (6) month probationary period is over and before they have acquired seniority status; then they may be placed on the Customer Response Shift schedule. After the employee's first six (6) months of service with the Company, assignment to the Customer Response Shift will be mandatory. 18.9.7 Employees working the Customer Response Shift may work scheduled overtime. It is understood and agreed that if called for emergency response, the employee will use their best judgment to either call another employee from the overtime list to respond to the emergency overtime or attend to the emergency call themselves. 18.10 An Employee engaged in overtime work or work on an observed holiday, will be provided meals by the Company at the regular meal periods specified in Section 17.8 40 during such work period, unless they are released from work under the provisions of Section 18.8 in time to return to their home at regular mealtimes. Employees who are performing prescheduled overtime work shall provide their mid-shift meal as they would on a normal working day. 18.11 An Employee working over eighty (80) feet above the ground, except on buildings where no exceptional hazards exist, shall receive in addition to their regular pay, one (1) hour's premium pay at their regular straight-time rate for each hour worked at such height. 18.12 The Company will pay Employees at least twice a month and will designate the regular paydays. If a payday falls on Saturday, Sunday, or holiday, the payday shall be the preceding business day. 18.13 An Employee requested in writing by the Company to travel to another district for job interviews or tests will receive leave with full pay for any of their regular hours of work required for such purpose and be reimbursed reasonable travel, meals, and lodging expense, incurred. 18.14 The Company will furnish through its established vendors and purchase process, approved climbing belts, climbers, climber pads, fall arrest/harness, safety straps, hook straps, and replaceable gaffs when such items are turned in for replacement. 18.14.1 The Company will provide raingear for employees in journeyman, apprentice, apprentice-qualified, Field Services Specialist, Utility Specialist and Logistics Specialist classifications. The raingear shall be of durable quality such as is suitable for conducting utility work in a coastal environment (e.g. - Grundens, Cabelas Guidewear, Watershed). Employees not in the classifications listed above, but who routinely accept assignments in the field will be provided appropriate rain gear at the company's discretion. (Amended 5/26/22) Upon hire, Journeymen in all classifications shall furnish tools of their trade. It shall be the primary responsibility of the individual Employee to maintain such tools in safe and workable condition. Tools not in proper working condition will be replaced as needed by the Company. (Added 5/26/22) 18.14.2 The Company will provide work gloves consisting of leather and/or other materials to the appropriate job classifications. Employees in these classifications are required to wear the appropriate hand protections. Employees shall choose gloves from the following options: • Long Gauntlet • Short Gauntlet with Finger Tabs • Short Gauntlet Grunt Gloves • Cut Resistant Gloves (Amended 5/26/22) 41 The following classifications shall receive six (6) pair of gloves per fiscal year: • Journeyman classifications and Apprentices/Apprentice-Qualified • Logistic Workers • Utility Specialists New employees in the above-listed classification starting their employment during the fiscal year will be handled as follows: • If employed prior to September 30th of the year, employee will receive six (6) pair. • If employed on or after September 30th of the year, employee will receive three (3) pair. The following classifications shall receive two (2) pair of gloves per fiscal year: • Meter Readers • Estimator classifications • Field Services Specialists New employees in the above-listed classification starting their employment during the fiscal year will be handled as follows: • If employed prior to September 30th of the year, employee will receive two (2) pair. • If employed on or after September 30th of the year, employee will receive one (1) pair. Any changes or adjustment to this section shall be referred to the Labor Management committee. 18.15 If a regular Employee is summoned by court or agency order to testify regarding facts or events which became known to the Employee during their assigned work hours, full pay will be granted for that period of absence required to comply with such order; provided, however, that no pay will be granted for absences to testify on behalf of parties exercising adverse action against the Company, its agents, or subsidiaries. When full pay is granted by the Company, witness fees received from a court or complainant will be endorsed to the Company. 18.16 The Company, in accordance with its established procedures, will furnish Employee safety glasses, or provide the following towards the purchase of one pair of prescription safety eyewear every two years: • $70 for Single Vision lens • $85 for Bifocal lens • $95 for Trifocal lens • $105 for Progressive lens 42 18.17 The Company will reimburse Journeyman and Journeyman Apprentice classifications for the cost of approved safety-toed shoes subject to an annual reimbursement of two hundred dollars ($200) which may be accumulated for three years or maximum accrual of six hundred dollars ($600) in accordance with the established procedure. All other employees required to wear safety-toed shoes will receive an annual reimbursement of one hundred twenty dollars ($120) which may be accumulated for three (3) years or maximum accrual of three hundred sixty dollars ($360). (Amended 5/26/22) 18.18 For those employees who are required to have a commercial driver's license as a condition of their employment, the Company will pay all additional costs and training to obtain and maintain a CDL. At management's discretion, this provision may also be applied to employees who are not required to have a commercial driver's license, but who routinely accept equipment operation assignments in the field. (Amended 5/26/22) 18.19 Declared Emergency Provisions In the mutual interest of timely response and employee safety, the following parameters apply for working, compensation and employee rest during extended, major restoration efforts. The Director of Field Operations or a higher level of management will be responsible for announcing a Declared Emergency. Once announced, local management will inform each employee directly, if they are assigned to work under the terms of the Declared Emergency. This may include work in other jurisdictions. Employees assigned to work on the Declared Emergency shall immediately be placed on the Declared Emergency rules of pay. Section 18.6 does not apply to these rules of pay and there will be no compounding or stacking of paid rest premiums. Declared Emergency pay begins either: • Upon notification of the employee by management that they will be working under the pay provisions of the Declared Emergency. • When an Employee is assigned to work on a Declared Emergency out of their headquarters, pay starts at the time of assignment, including any travel time needed to reach the Declared Emergency location. Employees shall not be required to work any longer than 24 continuous hours unless the restoration will be completed within 4-6 hours after the Declared Emergency has been announced. For every 24-hour period or major fraction thereof, the employee shall be provided up to eight hours of rest paid at their double time rate, provided that either: a) the employee returns to work directly after the end of their rest period or; b) the employee returns to work at their regularly scheduled shift time due to the emergency being declared over. 43 In the case of situation (a), the employee will return to work with no change in their pay status from their pre-rest period pay status. In the case of situation (b), the employee will be paid at the double time rate for the rest period, even if the emergency is complete mid- way through the rest period. Declared Emergency pay ends when the Company notifies an Employee that they are released from working the Declared Emergency. The Employee completes their Declared Emergency pay with eight (8) hours continuous paid rest at the Declared Emergency rate of pay (double time). The Company designates when the last paid rest occurs. Employees will not be asked to or directed to exceed 16 hours of continuous duty after the initial declaration of the event. 18.20 There may be instances when being paid to work from home, off Company premises make sense. These situations may require prior management approval and the following pay provisions will apply: • Situations less than or equal to fifteen (15) minutes between the hours of 6:00am and 10:00pm will not be compensated. • Situations greater than fifteen (15) minutes through sixty (60) minutes between the hours of 6:00am and 10:00pm will be compensated at one (1) hour at the appropriate overtime rate. • Situations greater than sixty (60) minutes will be compensated at a minimum of two (2) hours at the appropriate overtime rate. • Situations between the hours of 10:00pm and 6:00am will be paid a minimum of one (1) hour at the appropriate overtime rate. Mistakes or re-directing calls do not qualify as "work" for purposes of pay under this section. Mistakes do not include calls where employees are in vehicle en route to calls. 18.21 Compensation for Employees required to be subject to call (Standby) for emergency service work at any time outside of regular hours, is to be at twenty- five (25%) of the regular straight-time rate for the predetermined Standby period, with a minimum of two (2) hours' straight-time pay, and in addition shall be paid the regular overtime rate for any time worked during such Standby period. If the Company elects to initiate Standby at the 25% rate of pay, the Customer Response Shift person shall receive the 25% Standby rate for each day it is in place. Selection for assignment of such Standby duty will be made from the overtime callout list, with the Employee who has the lowest accumulated overtime being offered first. While on Standby, an Employee may be required to have a Company vehicle at home. (Added 5/26/22) 44 19.0 RETIREMENT AND INSURANCE PLANS 19.1 The Company and the Union agree that changes to the negotiated retiree and active medical healthcare plans are the proper subject of negotiations between the Union and the Company. The Company does not have the right to implement changes to these plans for Local 197 UWUA represented employees without first bargaining with the Union. The provisions of PacifiCorp Retirement Plan and the PacifiCorp K Plus Employee Savings Plan will govern and control in any case where conflict might otherwise arise or be claimed to exist between any provisions of said Plans and any provision of the Working Agreement. 19.2 PacifiCorp Retirement Plan Employees hired after October 15, 2009, do not participate in the PacifiCorp Retirement Plan. Employees hired prior to October 15, 2009, and who did participate in the PacifiCorp Retirement Plan have had their plan benefits frozen as follows: • Participants entitled to in the Final Average Pay benefit had their benefit frozen at their accrued age 65 entitlement as of October 14, 2009, date and will earn no additional benefits. • Participants in the cash balance benefit had their benefit frozen at their current balance as of October 14, 2009, date, and will earn no more pay credits or benefits. 19.3 PacifiCorp K Plus Employee Savings Plan (Changes below effective 1/1/2023) (Amended 5/26/22) The Company has established a 401(k) Plan (PacifiCorp K Plus Employee Savings Plan) for employees, permitting participants to save from 1% to 50% of pay in 1% increments on a pretax basis. Matching Contributions: The Company provides matching contributions to the PacifiCorp K Plus Employee Savings Plan as follows (calculated using eligible compensation such as regular wages, overtime pay, standby pay, upgrades, etc.): 65% on the first 6% of employee contributions. Enhanced Fixed Contribution: The Company provides enhanced fixed contributions to the PacifiCorp K Plus Employee Savings Plan as follows: Hired before January 1, 2008: 6.5% enhanced fixed contribution Hired after January 1, 2008: 4% enhanced fixed contribution 45 The Company agrees to provide an additional fixed contribution in the amount of 2% eligible compensation for all employees (calculated using eligible compensation such as regular wages, overtime pay, standby pay, upgrades, etc.). Summary of K Plus Employee Savings Plan Contributions: Hire Date: Before January 1, 2008 After January 1, 2008 Match 65% on the first 6% of employee 65% on the first 6% of employee contributions contributions Enhanced Fixed 6.5% 4% Additional 2% Fixed 2% 2% 19.4 Active Benefits Provided by UWUA Health and Welfare Trust Beginning January 1, 2018, employees covered by this Collective Bargaining Agreement will transition from the Company-sponsored benefits to a health and welfare package offered by the UWUA National Health and Welfare Fund. The Company agrees to contribute $1,175 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. In addition, employees will be required to contribute depending on their tier the following rates or such other additional amount to be determined by the Trustees, to be deducted by payroll deduction. Monthly contributions to be divided in half and deducted on a per pay period basis. • Employee Only: $125/mo. • Employee Plus Spouse: $300/mo. • Employee Plus Family: $450/mo. Should the Trustees of said Fund require contributions in excess of the amount set forth herein, the additional amounts shall be deducted from the employees' wages by payroll deduction. Even in the event that the Trustees of said Fund require additional contributions, there shall be no other costs borne by the Company except as outlined below. The Company's obligation to pay into the trust exists only for the duration specifically within this Collective Bargaining Agreement. The Company agrees to increase this contribution in accordance with the following schedule: • Effective January 1 , 2018, The Company agrees to contribute $1,175 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. • Effective January 1 , 2019, The Company agrees to contribute $ 1,222 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. • Effective January 1 , 2020, The Company agrees to contribute $1,271 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. This rate shall remain effective until December 31, 2020. 46 • Effective January 1, 2021, The Company agrees to contribute $1,321.84 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. This rate shall remain effective until December 31, 2021. • Effective January 1, 2022, The Company agrees to contribute $1,374.74 dollars for each employee per month worked to the UWUA National Health and Welfare Fund. This rate shall remain effective until December 31, 2022 Benefits covered by UWUA Health and Welfare Trust Reopener: • The term of this Collective Bargaining Agreement runs through May 25, 2027, and the last negotiated Company contribution as outlined above runs through December 31, 2022. For this reason, the parties recognize that benefits must be negotiated to fill the remainder of the term of this Collective Bargaining Agreement after December 31 , 2022. • Beginning any time on or after July 1, 2022, the union may request to meet and upon such request the parties shall reopen the contract for the limited purpose of negotiating healthcare and other benefits covered by the trust for the term beginning January 1, 2023, and for the remaining period of the Collective Bargaining Agreement. During and after reopener negotiations all other terms of the Collective Bargaining Agreement remain in place unless specifically negotiated otherwise during reopener negotiations. • The parties agree to bargain in good faith and conclude healthcare negotiations by September 1, 2022, in order to be ready for Open Enrollment 2023. For purposes of Section 19.4, the Company is required to contribute on behalf of full-time employees and for part time employees working 20 hours or more per month, but shall not be required to contribute on behalf of casual employees except as otherwise required by law. The authority of the Trustees of the UWUA Health and Welfare Fund includes the authority (1) to establish the level of health care benefits; (2) to modify the level of health insurance benefits, if necessary; and (3) to require employees to pay a share of the monthly premiums for health care benefits, if necessary. All employees will be required to pay their share of monthly health insurance premiums, if necessary, as determined by the Trustees. The Union understands that the Company's agreement to contribute to the UWUA National Health and Welfare Fund is based on its understanding that (1) the Fund is in compliance with, or will be in compliance with, all of the provisions of the Federal Patient Protection and Affordable Care Act, as the same may be amended from time to time (the "ACA"), as of the applicable effective dates. The Company will not provide a subsidy or share in any portion of any expense associated with an excise tax that may be imposed 47 on this plan or any other plan offered within the UWUA National Health and Welfare Fund; or in which the Company participates by virtue of this agreement. (Amended 5/26/22) 19.4.1 Long Term Disability - Current Employee The UWUA National Health and Welfare Fund offers Long Term Disability benefits as part of their benefits package. There is a UWUA Local 197 member currently receiving benefits under the Company's existing Long Term disability plan. The parties agree that this employee will continue on the Long-Term Disability benefits offered by the company under all terms and conditions they are currently entitled to receive benefits. The company will continue to remit to the trust an active employee's contribution on behalf of this employee, and they shall be treated as a participant in the trust for all benefits except for the trust's Long Term Disability Benefits. The trust shall reimburse to the company the company's premium cost of paying this employee's Long Term Disability premium. 19.5 Additional Health and Welfare Plans Provided by the Company In addition to the negotiated benefits in Sections 19.1; 19.2; 19.3; and 19.4, the Company also offers active employees the following benefits under the same terms and conditions as offered to non-union employees. • Employee Assistance Program • Business Travel Accident Insurance 19.6 Leaves of Absence Leaves of absence for such personal reasons as jury duty, military service and personal leave will be granted as provided in the Company policies. The Company will provide the Union timely notice of any change in these leave policies. The Company will provide up to three (3) days of paid bereavement leave for the death of an immediate family member as defined as: husband, wife, daughter, son, parents and parents' in-law, son and daughter in-law, grandparents and grandchildren and stepfamily members. Employees requiring more than three days will use vacation days to supplement the additional time off. 19.7 Retiree Health Care Pre-65 Retiree Medical Employees hired prior to January 1 , 2007, are entitled to participate in the medical plan option(s) offered by the company for pre-65 retirees. The amount of subsidy toward the monthly premium is determined on an employee's age and years of service at the time they retire. 48 Age & Service Points Subsidy Dollars/per person* up to a maximum of three 3 1 89.5 and over $450.00 84.5 — 89.4 $400.00 79.5 — 84.4 $350.00 74.5 — 79.4 $300.00 69.5 — 74.4 $250.00 64.5 — 69.4 $200.00 Up to 64.4 $0 Post 65/Medicare Retiree Medical For eligible employees hired before January 1, 2007, who obtain-age 65 or become eligible for Medicare, the Company will establish a Health Reimbursement Arrangement (HRA) for the retiree to use to purchase medical insurance on the private market through the Company's third-party administrator (currently One-Exchange) or through a local agent for the retiree and any eligible dependents. This account will be established the first of the month in which the retiree turns age 65 or becomes eligible for Medicare. If the retiree should die prior to their Medicare eligible dependents, their Medicare eligible dependents will continue to receive an annual HRA allocation and have access to the HRA for purchasing medical insurance. The amount of the annual HRA allocation is determined based on the retiree's age and service points at retirement as set forth below: Annual HRA Subsidy Age and Service Points at Retirement Annual HRA Employer Contribution 60 points 0 65 points $700.00 70 points $875.00 75 Points $1,050.00 80 points $1,225.00 85 points $1,400.00 90 points $1,575.00 Employees hired on or after January 1, 2010, will have the ability to enroll in post-65 medical plans through the private market or One-Exchange (or similar administrator) but remain ineligible eligible for an annual HRA allocation. 49 20.0 DEFINITIONS The following terms have the meaning stated wherever used in this Agreement: 20.1 The probationary period of an Employee is the first six (6) months of their employment. On a monthly basis during the probationary period, the Manager, the Union Representative and the Employee shall meet to review the progress of the probationary employee. By mutual agreement of the Union and the Company, this period may be extended by ninety (90) days. This period shall be further extended by any time spent on disability or leave, by an Employee, in order to meet the probationary period requirement. 20.2 A regular Employee is one hired for indefinite tenure, not limited at time of hire by a stated term or for a specific project. 20.3 A temporary Employee is one hired for a specific project or definite period, in either event not exceeding six (6) months, with such limited period of employment stipulated at time of hire. 20.4 A full-time Employee is one whose regular work week is forty (40) hours. 20.5 A Part-time Employee is one whose regular work week is less than forty (40) hours. 20.6 A Casual Employee is an Employee who has no regularly scheduled days or hours of work, employed to perform necessary work when regular, part-time, or temporary employees are not available on a straight-time basis. 20.7 Regular straight-time rate is that rate payable to an Employee at their primary classification as established by the Company records, provided that, if an Employee has worked at a secondary and higher rated classification in more than 160 of the last 320 hours immediately preceding a holiday or vacation period, such higher rate shall be considered the "regular straight-time rate" for purposes of holiday or vacation pay. 20.8 A Payroll month consists of two (2) pay periods, beginning with the first day of the payroll period established by the Company within a calendar month and ending with the last day of such payroll period in the succeeding month. (Amended 5/26/22) 20.9 A Payroll year is the twelve (12) months period ending with the last day of the final pay period in a year as established by the Company. (Amended 5/26/22) 20.10 Continuous service of an Employee is the period of continuous time worked by them for the Company, which period shall begin with the first day of their most recent continuous employment by the Company. The date of beginning continuous service shall be retained and the term thereof shall remain unbroken in the event of layoff or leave of absence, not exceeding one (1) year, provided that the Employee at time of layoff or commencing leave has completed their probationary period. Time spent on approved 50 leave because of disability as defined in Article 10 shall be considered as time worked for the purposes of this definition. (Amended 5/26/22) 20.11 A regular job is a position the duration of which is not limited to a specific project or to a specific term. 20.12 A temporary job is a position which is established for a specific project or limited term. 21.0 Wage Schedule Contract Year 1 Year 2 Year 3 Year 4 Year 5 Year I I I I I Effective May 26, May 26, May 26, May 26, May 26, Date of 2022 2023 2024 2025 2026 Increase Increase 2.5% + 1% 2.5% + 2% 2.5% 2.5% 2.5% Amount Inflation Market Adjustment Adjustment Additionally, the Company and Union agreed to additional increases effective with the first year of the new contract (5/26/22) at the specific rates indicated for specific classifications. See the "Notes" section in the Wage Table for further information. 51 UWUA Local 197 Effective,22 ;/2023 , ;24 ; ,Effective 25 , ; Article 21.0 - Wage Schedule Job PS 2021 2022 2023 20242026 Notes Job Classification Code Group Wage Wage Wage Wage Wage Wage Rate Rate Rate Rate Rate Rate * General Foreman 7392 7392 $59.96 $64.72 $67.66 $69.35 $71.08 $72.86 * Line Foreman 4247 4247 $58.81 $62.86 $65.72 $67.36 $69.04 $70.77 Working Foreman 4254 4254 $56.58 $60.33 $63.08 $64.66 $66.28 $67.94 Journeyman Lineman 4258 4258 $52.70 $56.19 $58.74 $60.21 $61.72 $63.26 * Journeyman Serviceman 4283 4283 $52.70 $56.19 $58.74 $60.21 $61.72 $63.26 * District Lineman 4310 4310 $54.58 $57.78 $60.41 $61.92 $63.47 $65.06 */*** Lineman-Estimator(105%) 9169 9169 $55.34 $59.00 $61.68 $63.22 $64.81 $66.42 *** Apprentice Lineman 6/6 90% 4280 4280 $47.43 $50.57 $52.87 $54.19 $55.55 $56.93 *** Apprentice Lineman 5/6 84% 4881 4881 $44.27 $47.20 $49.34 $50.58 $51.84 $53.14 *** Apprentice Lineman 4/6 (80%) 4882 4882 $42.16 $44.95 $46.99 $48.17 $49.38 $50.61 *** Apprentice Lineman 3/6 (76%) 4883 4883 $40.05 $42.70 $44.64 $45.76 $46.91 $48.08 *** Apprentice Lineman 2/6 73% 4884 4884 $38.47 $41.02 $42.88 $43.95 $45.06 $46.18 *** Apprentice Lineman 1/6 70% 4885 4885 $36.89 $39.33 $41.12 $42.15 $43.20 $44.28 Apprentice Qualified 8442 8442 $35.14 $37.46 $39.17 $40.15 $41.15 $42.18 Heavy Equipment Man (1) 4314 4314 $36.87 $38.17 $39.90 $40.90 $41.92 $42.97 Groundman 4294 4294 $29.08 $30.10 $31.47 $32.26 $33.07 $33.90 Groundman 2 2nd 9 Months 4886 4886 $24.12 $24.97 $26.11 $26.76 $27.43 $28.12 Groundman 1 1st 9 Months 4887 4887 $19.04 $19.71 $20.60 $21.12 $21.65 $22.19 * District Meterman 4386 4386 $54.61 $58.23 $60.87 $62.39 $63.95 $65.55 Journeyman Meterman 4359 4359 $52.70 $56.19 $58.74 $60.21 $61.72 $63.26 **** Apprentice Meterman 6/6 4382 4382 $47.43 $50.57 $52.87 $54.19 $55.55 $56.93 (90%) 52 **** Apprentice Meterman 5/6 4902 4902 $44.27 $47.20 $49.34 $50.58 $51.84 $53.14 (84%) **** Apprentice Meterman 4/6 4903 4903 $42.16 $44.95 $46.99 $48.17 $49.38 $50.61 (80%) **** Apprentice Meterman 3/6 4904 4904 $40.05 $42.70 $44.64 $45.76 $46.91 $48.08 76% **** Apprentice Meterman 2/6 4905 4905 $38.47 $41.02 $42.88 $43.95 $45.06 $46.18 73% **** Apprentice Meterman 1/6 4906 4906 $36.89 $39.33 $41.12 $42.15 $43.20 $44.28 70% District Estimator 6671 6671 $48.31 $51.52 $53.86 $55.21 $56.59 $58.00 Journeyman Estimator 2328 2328 $46.35 $49.43 $51.68 $52.97 $54.29 $55.65 ** Estimator Apprentice 4/4 2332 2332 $41.72 $44.49 $46.51 $47.67 $48.86 $50.09 (90%) ** Estimator Apprentice 3/4 4890 4890 $38.01 $40.53 $42.38 $43.44 $44.52 $45.63 (82%) ** Estimator Apprentice 2/4 4891 4891 $35.23 $37.57 $39.28 $40.26 $41.26 $42.29 (76%) ** Estimator Apprentice 1/4 4893 4893 $32.45 $34.60 $36.18 $37.08 $38.00 $38.96 (70%) Logistics Specialist 4389 4389 $36.20 $38.69 $40.45 $41.46 $42.50 $43.56 Logistics Trainee 2 4401 4401 $30.76 $32.88 $34.38 $35.24 $36.12 $37.02 Logistics Trainee 1 4397 4397 $27.17 $29.04 $30.36 $31.12 $31.90 $32.70 Field Services Specialist 9170 9170 $27.89 $28.87 $30.19 $30.94 $31.71 $32.50 Utility Specialist 4318 4318 $32.06 $33.94 $35.49 $36.38 $37.29 $38.22 Utility Specialist/Pre- 9201 9201 $32.06 $33.94 $35.49 $36.38 $37.29 $38.22 Apprentice Service Coordinator A 2663 2663 $28.35 $30.30 $31.68 $32.47 $33.28 $34.11 Service Coordinator B 4896 4896 $25.95 $27.74 $29.00 $29.73 $30.47 $31.23 Service Coordinator C 4897 4897 $23.69 $25.32 $26.48 $27.14 $27.82 $28.52 Service Coordinator D 4898 4898 $21.47 $22.95 $24.00 $24.60 $25.22 $25.85 Notes: * Indicates subject to posting and bidding. ** Wage rate determined by listed percentage of the Journeyman Estimator rate. *** Wage rate determined by listed percentage of the Journeyman Lineman rate. 53 **** Wage rate determined by listed percentage of the Journeyman Meterman rate. Casual, temporary, and part-time employees will spend the equivalent of six (6) months (1040 hours) in wage progression step. Parties agreed to a 4.25% spot increase for the General Foreman classification in addition to the inflation adjustment A and general wage increase for 2022. This spot increase shall be applied prior to the inflation adjustment and 2022 general wage increase. Parties agreed to a 3.25% spot increase for the Line Foreman, Logistics Specialist, and Service Coordinator B classifications in addition to the inflation adjustment and general wage increase for 2022. This spot increase shall be applied prior to the inflation adjustment and 2022 general wage increase. Parties agreed to a 3% spot increase for the following Journeyman classifications (including apprentices): Lineman, C Meterman, and Estimator in addition to the inflation adjustment and general wage increase for 2022. This spot increase shall be applied prior to the inflation adjustment and 2022 general wage increase. Parties agreed to a 2.25% spot increase for the District Lineman and Utility Specialist classifications in addition to the D inflation adjustment and general wage increase for 2022. This spot increase shall be applied prior to the inflation adjustment and 2022 general wage increase. 54 22.0 Deleted 5/26/22 23.0 TEMPORARY EMPLOYEE/HIRING HALL AGREEMENT The parties agree on the following Hiring Hall Referral process to fill temporary vacancies in positions covered by this Agreement: The Company and Union recognize a need to utilize temporary employees to meet the interests of both parties. Some of the factors include: (1) to have qualified personnel perform work that is temporary in nature; (2) to avoid the implementation of the demotion and layoff procedures as a result of adding employees to the regular workforce for work that will not continue in the near future; (3) to work together cooperatively to meet the objectives of both parties. It is not the intent of the parties to have temporary employees replace permanent employees. Notwithstanding any other understanding between the parties, the Company shall not involuntarily layoff any employee for lack of work or to avoid producing a full- time work force, when needed, in a department or location where temporary employees are being utilized. No employee working under the terms and conditions of this agreement shall exceed six (6) months (1040 hours) of employment in any one location and job in a rolling twelve (12) month period without prior written mutual agreement by and between the Company and the Union. A. REQUEST FOR TEMPORARY EMPLOYMENT When the Company desires to use this referral service provided by the Union, the Company shall follow the terms pursuant to this agreement and request Union refer applicants for such work. The request shall include: 1. The classification needed; 2. Special skills or training required (i.e. CDL); 3. The work location; 4. The reporting date and who to report to; 5. The duration of the work, if known; 6. Any Company identification of a specific individual from the hiring hall for referral, based on past experience. B. CLASSIFICATIONS, QUALIFICATIONS, AND PAY RATES The classifications, qualifications, and pay rates shall be those already negotiated by the parties as contained in the collective bargaining agreement unless otherwise specifically agreed to by the parties. Pay rates for journeyman craft and above shall be those listed in the Collective Bargaining Agreement. Pay rates for non-journeyman craft employees will be at 55 the minimum of the second step. For temporary employees who have advanced through the wage progression, they shall be paid at the appropriate rate. C. PRIORITY OF REFERRALS Applicants for temporary employment at PacifiCorp shall be prioritized in the following groups: 1. Previous PacifiCorp employees qualified in the same or higher classification. 2. Individuals who meet PacifiCorp's and UWUA Local 197's entry qualifications. In administering this referral procedure, the Union will develop procedures to provide a consistent method of referring applicants and assuring that applicants are not discriminated against. D. REJECTION OF REFERRALS The Company may reject any referral that is determined by the Company to be unsuitable for employment. The Company may terminate the temporary employee at any time during their employment. Company may also notify the Union in writing of any individual determined by the Company who should not be referred to PacifiCorp for employment per the following: 1. Each notification must be in writing to the Union with a copy mailed to the last known address of the individual. 2. The notification will be in effect for one year from the date of receipt by the Union. Former PacifiCorp employees who were discharged for cause and are not eligible for rehire and shall not be referred to the Company for temporary employment provided the Union has been notified in writing. The Company shall furnish the Union written confirmation of all terminations of these temporary employees. E. TEMPORARY STATUS These temporary employees shall not attain regular status or any entitlements that regular employees have, unless otherwise agreed to by the parties. These temporary employees will not be entitled to Supplemental Benefits other than those agreed upon herein. 56 F. COMPENSATION AND TERMS 1. Employment shall commence upon orientation or work at the location and time requested by the Company. Pay provisions are those provided for in the Collective Bargaining Agreement between Local 197 and PacifiCorp. 2. The Company may not downgrade employees from the classification requested however the Company may upgrade employees in accordance with the Agreement. (No temporary employee shall receive an upgrade when a regular qualified employee is readily available). 3. Payments in Lieu of Benefits shall be paid for each hour worked in addition to the hourly wages: a. Journeyman Craft and Above: • An amount equal to 3% of the straight-time hourly rate plus • An amount equal to $10.60 per hour b. Non-journeyman Employees: • An amount equal to 5% of the straight-time hourly rate plus • An amount equal to $2.75 per hour 4. Employees shall give the Company written authorization to deduct one- and one-half percent (1 1/2%) of gross compensation from their paychecks for this employment referral. Monies will be forwarded to the Union monthly. Payment of this referral fee in no way obligates the employee join the Union. 5. Employees covered by the terms and conditions of this agreement shall not acquire seniority rights. 6. All overtime work shall be offered to regular employees, at that location, prior to temporary employees covered by this agreement. G. OVERVIEW COMMITTEE Each Plant and Power Delivery will have a committee consisting of two Company and two Union members to address issues related to this agreement. H. SECURING TEMPORARY EMPLOYEES Temporary employees performing bargaining unit work will be hired through the Local 197 Hiring Hall except when the Union cannot provide the resources. Furthermore, this agreement does not modify the Company's ability to use contractors. The Company, with the Union's agreement, may advertise for 57 temporary employees. The Company will review and approve or disapprove applications. I. TERMINATION OF AGREEMENT Either party giving the other thirty (30) days written notice may terminate this agreement at any time. J. EXCLUSIONS TO COLLECTIVE BARGAINING AGREEMENT The following articles within the Collective Bargaining Agreement do not apply to employees working in accordance with this agreement: 3.0, 5.0, 6.3 (Employees under this agreement may have their service for the Company terminated at any time), 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 18.1.3 (not averaged into overtime list), 18.1 .4, 18.9 (Customer Response Shift), 18.14 (no allowances), 18.15, 18.16, 18.17, 18.18, 18.19, and 19.0. 58 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers, respectively as of the day and year first above written. PACIFICORP, dba PACIFIC POWER i Aaron Gratias—, Negotiations Co-Chair Principal Labor Relations Specialist Aaron Hickey..Negotiations Co-Chair Director, Field Operations UTILITY WORKERS UNION OF AMERICA LOCAL UNION NO.197, A.F.L-C.I.O. -----tom- --- - - David Lindsley President Mike Smith Secretary-Treasurer Jami Simon UWUA National Representative, Region 5 UTILITY WORKERS UNION OF AMERICA, A.F.L.-C.I.O. 59 ADDENDUM: COMPANY TECHNOLOGY/SYSTEM MIGRATION May 6, 2022 During contract negotiations in 2022, the parties discussed the Company's planned migration from SAP to an Oracle based system, which is anticipated to take place within the next two (2) years. In preparation for this migration, certain specific date references related to the payroll year and/or payroll month in the CBA required modification to allow for adjustment in the new system. Accordingly, the Company and Union jointly agreed to language changes in Section 8.1, 9.8, 9.9, 20.8 and 20.9. The language that previously existed in those sections is listed here for reference. Furthermore, as more information regarding the system migration becomes known, the parties agree to meet and discuss how to address any potential impacts related to the transition from the old language to the new language. Section 8.1 Month of Hire December 26th-June 25th June 26th-December 25t" Section 9.8 and 9.9 9.8 Personal Time Carry Over. Employee's individual bank may be accumulated and carried over to the amount of 360 hours on December 25th of each year. 9.9 On December 25th of each year, beginning with December 25, 2005, any personal time hours above the 360-hour limit will be deferred into the employee's supplemental disability leave bank. Supplemental hours will be used to supplement disability leaves per Article 10. Section 20.8 and 20.9 20.8 A Payroll month is a period beginning with the first day of the payroll period established by the Company (presently the twenty-sixth (26th) day of the calendar month) and ending with the last day of such payroll period (now the twenty-fifth (25th) day of the succeeding month). 20.9 A Payroll year is the twelve (12) months period ending with the last day of the final pay period in a year (now the twenty-fifth (25th) day of December). 60 ADDENDUM: CRS and Standby Compensation May 6, 2022 During contract negotiations in 2022, the parties agreed to increase the Customer Response Shift (CRS) and Standby compensation rates effective no later than August 26, 2022. The new rates are outlined in Sections 18.9.2 and 18.21. The old rates (included below for reference) remain in effect until the new rates are programmed into the payroll system. Standby: Compensation for Employees required to be subject to call (Standby) for emergency service work at any time outside of regular hours, is to be at twenty (20%) of the regular straight-time rate for the predetermined Standby period, with a minimum of two (2) hours' straight-time pay, and in addition shall be paid the regular overtime rate for any time worked during such Standby period. If the Company elects to initiate Standby at the 20% rate of pay, the Customer Response Shift person shall receive the 20% Standby rate for each day it is in place. Customer Response Shift: Effective 1/26/05, an employee assigned to the Customer Response Shift shall receive 100 percent of the Journeyman Lineman rate of pay (1 hour) per week day the employee is subject to and available for call and on a Saturday, Sunday or on a Holiday (other than a floating holiday) shall receive 200 percent of the Journeyman Lineman rate of pay (1 hour) for each day that the employee is on call. 61 LETTER OF AGREEMENT Flame Resistant/Arc Rated(FRIAR)Clothing THIS LETTER OF AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by the Utility Workers Union of America, local 197("Union"), and Pacific Power ("Company"). Purpose To provide a personal protective barrier to reduce injury resulting from exposure to the hazards of electric arcs, uncontrolled flames and other extreme heat related conditions. Requirements for wearing approved Flame Resistant/Arc Rated(FRIAR)clothing per OSHA 29 CFR 1910.269 and NFPA 711E where employees are potentially exposed to flames or electric arcs. The FRIAR Clothing Agreement is for all Union employees required to wear FRIAR clothing as described in the current FRIAR Clothing Policy. The intent of this Agreement is to work in conjunction with the requirements as stated in the Company's current Flame-Resistant/Arc Rated Clothing Policy/Procedure document and the Accident Prevention Manual. Scope This Agreement covers all PacifiCorp employees' within UWUA Local 197, who are potentially exposed to electrical arcs or flash. FRIAR clothing for certain job classifications (see Appendix A) is considered PPE where the potential for ignition of clothing or thermal skin bums exists. Failure to wear FRIAR clothing during the prescribed conditions and activities as outlined in the FRIAR clothing policy could result in disciplinary action. Employees not listed in Appendix A shall be supplied the appropriate FRIAR clothing,by the Company,if their duties require potential exposure to electrical are or flash. Initial/New hire Wardrobe allocation: (see Appendix A) Wear Employees are expected to follow the FR/AR clothing policy for the application and wearing of FRIAR clothing Labels • All PacifiCorp approved FRIAR clothing will be labeled with the FR and/or AR designation. • Unapproved modifications to FRIAR clothing are prohibited,and existing logos shall not be removed,modified or covered. • New garments shall have the Company/Union logos,as available through the vender. Repair/Replacement • Employees may repair buttons or small holes using vender supplied FR thread repair kits. • Damaged or worn out FRIAR clothing is to be replaced as needed with management approval by submitting the worn out,damaged and/or soiled garment to management with the established written approval form.Employees shall report damaged FRIAR clothing to management in a timely manner. Page 1 of 3 62 • In the event of contamination of FRIAR clothing with any accelerant,the clothing should be laundered as soon as possible to remove contamination. Any residual staining should not compromise the FRIAR integrity.If the stain is unacceptable from a professional image standpoint,it should be replaced at manager's discretion. • When FWAR clothing items arc determined to be in need of replacement,either worn out or damaged, the clothing items "I be returned to management when replacements are issued. Conclusion The FRIAR clothing program will he re lewed on an ongoing basis by both parties, at least once annually,to determine if conditions or processes have been changed,and to update the procedures, if necessary,based on changes to federal,state or industry standards. All questions and concerns regarding the effectiveness of the FRIAR clothing program should be directed to your local Safety Representative with the Health,Safety and Environment department. By signing this Agreement,the Union and the Company confirm that they have read, understand and agree with the terms and conditions in it and have signed it knowingly. IN WITNESS WHEREOF,the parties hereto execute this Agreement. Pacific Power UTILITY WORKERS UNION OF AMERR[CA,L.QCAL 197 IN $I t11e h -1CD-� (a Murphy, tabor atio ns Dalc Du pion President Datc OR Pagc 2 of 3 63 Eligible Employees FR Clothing—Initial/New Hire Wardrobe Allocations By Classification Shirt Light Jacket Heavy Sweatshirt Raingear Pants Bibs Jacket set T&D Operations General Foreman 5 1 1 1 4 1 Line Foreman 5 1 1 1 4 1 Journeyman Lineman/Serviceman 5 1 1 1 4 1 includes Apprentice) District Lineman 5 1 1 1 4 1 Journeyman Estimator 2 1 3 (includes Apprentice) District Estimator 2 1 3 Lineman Estimator 5 1 1 4 1 L.Metering District Meterman 5 1 1 1 1 4 1 Journeyman Meterman 5 1 1 1 1 4 1 (includes Apprentice) Field Services Specialist/Utility Specialist 5 1 1 1 4 1 (Metering) Page 3 of 3 64