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HomeMy WebLinkAbout20180130Avista to WNIDCL_PR_035 Attachment A.pdf2016-2019 AGREEMENT Between AVISTA UTILITIES and LOCAL UNION NO. 77 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS WNIDCL_PR_035(AVA) Attachment A Page 1 of 66 CONTENT CONTRACT PAGE Article 1 Purpose and Scope 1 Article 2 Union Security 2 Article 3 Grievance Procedure 3 Article 4 Arbitration 4 Article 5 Wages, Overtime and Meals 5 Article 6 Hours and Travel 8 Article 7 Holidays 10 Article 8 One Leave 11 Article 9 Short Term / Long Term Disability and Workers Compensation 13 Article 10 Working Rules of Local Representatives 15 Article 11 Working Rules For Garage 16 Article 12 Working Rules For Gas 16 Article 13 Working Rules For Overhead and Underground 17 Article 14 Working Rules For Plant/Substitution Maintenance And Construction 20 Article 15 Working Rules For Station Operation 21 Article 16 Working Rules For Communications 24 Article 17 Working Rules For Kettle Falls Generation Station 24 Article 18 Apprenticeship Rules 26 Article 19 General 28 Article 20 Working Rules for Tree Trimmers 33 Exhibit A 34 WAGES EXHIBIT Overhead, Underground and General 36 Gas 38 Stores, Transportation and Meter Shop 40 Facilities Services 42 Generation & Production & Substation Support 43 Telecommunications 45 Hydro Operations 45 Thermal Operations 46 Signature Page 49 LETTERS OF UNDERSTANDING Seasonal Regular Positions 50 Picket Line Communication Procedure 52 Contracting Out 53 Casual Employees 54 Productivity Commitment 55 Contracted Plastic Gas Work 56 Article 1.4, Administration 57 Kettle Falls Work/Wages 58 Meter Reader Breaks 59 Temporary Journeyman Bidding Regular Openings 60 Journeyman Upgrades 60 Pre-Apprentice Line School Instructors 61 Pre-Apprentice Groundman 63 Gender Neutral 63 1.5 Pension Grandfather Letter 64 WNIDCL_PR_035(AVA) Attachment A Page 2 of 66 THIS AGREEMENT, between AVISTA CORPORATION, doing business as AVISTA UTILITIES, hereinafter called the “Company”, and LOCAL UNION NO. 77 of the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, hereinafter called the "Union", made and entered into this 26th day of March, 2016, amending and supplementing entered into the 1st day of May, 1940, and subsequently to date. This agreement, as amended, shall be and hereby does become effective March 26, 2016, and shall remain in full force and effect to and including March 25, 2019, and from year to year thereafter unless either party notifies the other party, not less than ninety (90) days prior to March 25, 2019 or any subsequent year, of its desire to terminate or amend the same. The proposed changes which shall constitute the subject of negotiations for amendment shall accompany each such notice of intention to enter into negotiations for amendment. Without giving notice of termination, this Agreement shall be subject to such changes or modifications as shall be mutually agreed upon by the parties hereto, but such changes or modifications, if made, shall not be retroactive. This Agreement shall be binding upon the successors or assigns of the Company and the provisions and terms hereunder shall not be affected or changed in any respect by the consolidation, merger, sale or transfer of the Company. The Company shall not be required to take any action under this Agreement which is in violation of federal or state laws. ARTICLE 1 PURPOSE AND SCOPE Sec. 1 The Company and the Union have a common and sympathetic interest in the electrical and natural gas industry. Therefore, a working system and harmonious relations are necessary between the Company, the Union and the Public. All will benefit by continuous peace and by adjusting any differences by rational common-sense methods. Sec. 2 The Union agrees that its members, who are employees of the Company, shall individually and collectively perform efficient work and service; that they shall avoid and discourage waste of materials, time and manpower; that they shall use their influence and best efforts to protect the property of the Company and its interests and to prevent loss of tools and materials and that they shall cooperate with the Company in promoting and advancing the welfare of the Company and the service at all times. Sec. 3 It is expressly understood and agreed that the services to be performed by the employees covered by this Agreement pertain to and are essential to the operation of a public utility and to the welfare of the public dependent thereon, and in consideration thereof, and of the agreements and conditions herein by the Company to be kept and performed, the Union agrees that the employees covered by this Agreement, or any of them, shall not be called upon or permitted to cease or abstain from the continuous performance of the duties pertaining to the positions held by them under the Company, in accord with the terms of the Agreement, and the Company agrees on its part to do nothing to provoke interruption of or prevent such continuity of performance of said employees, insofar as such performance is required in the normal and usual operation of the Company's business. Sec. 4 When contracting work customarily performed by Union employees of the Company, such contracts will be awarded to employers whose wages and benefits are substantially equal to or higher than the combined wages and benefit package value paid by the Company to its employees who would perform this work if done by the Company. Further, no work will be contracted for the specific purpose of laying off or demoting Union employees of the Company. WNIDCL_PR_035(AVA) Attachment A Page 3 of 66 Sec. 5 In order to further promote improved communications and relations between the parties, the Company and the Union agree to establish a Labor Management Committee consisting of four (4) to seven (7) representatives each. This Committee shall meet quarterly or when specially called by the Company or the Union, to consider issues that may be brought before it by either party including contract administration, grievances, productivity, organizational and/or technology changes that may result in reduction, displacement or substantial job changes for bargaining unit employees and other subjects that may be appropriately addressed during the term of the Agreement. This Committee may also monitor special projects, make joint recommendations to the Negotiations Committees, and where requested by either party, attempt to settle contract disputes where arbitration has been requested. Sec. 6 In order to further promote shared responsibility in employee safety, the Company and the Union agree to establish a Joint Safety Committee. The company and the Union will work together in the Labor Management Committee to develop language regarding the committee expectations and charter which will address the expectations on performing work safely and maintaining a safe work environment. ARTICLE 2 UNION SECURITY Sec. 1 (a) All employees of the Company coming within the classifications covered by this Agreement shall as of this date, as a condition of employment, be required to share in the cost of maintaining and operating the Union as their collective bargaining agency, in accordance with its rules, and shall be members thereof in good standing. The foregoing provisions shall not be construed as denying the Company the right to select its supervised employees regardless of whether such employees are members of the Union, but it is the intent of the parties that new regular supervised employees shall become members in good standing of the Union within ninety (90) days after the date of their employment. It is the further intent of the parties that all new regular, temporary, and casual employees shall, as a condition of employment, pay minimum dues thirty (30) days after the date of their employment, and temporary employees shall become members in good standing of the Union within six (6) months after the date of their employment (b) The Company will notify the Spokane Union office after the close of each month of new hires or transfers into Bargaining Unit positions. Sec. 2 Section 1 of this Article shall not apply to employees who perform a majority of their work in a state which has in effect legislation forbidding the payment of Union dues as a condition of employment. In the event such legislation is repealed or defeated by referendum, this Section 2 will be inapplicable as of the effective date of such repeal or referendum and removed from this Agreement. WNIDCL_PR_035(AVA) Attachment A Page 4 of 66 ARTICLE 3 GRIEVANCE PROCEDURE Sec. 1 The Company and the Union recognize that they have a common and sympathetic interest in creating harmonious relations within the Company and in the prompt correction of conditions leading to grievances. The Company and the Union agree that these objectives can be reached only through close cooperation by both parties, and every effort shall be made by the Supervisors and Shop Stewards to accomplish these ends. Sec. 2 A grievance is defined as any dispute involving the interpretation, application, or alleged violation of any provision of this Agreement. Sec. 3 (a) The Company and the Union shall meet promptly and deal with each other through their respective representatives regarding any grievance. All such matters shall be adjusted in accord with the procedure hereafter defined: (b) Step 1 An employee, or group of employees, having a grievance shall, within ten (10) working days, discuss the matter with the Supervisor concerned; the Shop Steward shall have the right to be present at all such discussions. If the aggrieved employee, or group of employees, desires the Shop Steward represent him, the Shop Steward shall, within said ten (10) working days, discuss the matter with the Supervisor concerned. This Supervisor shall furnish answer to the grieving party within ten (10) working days after such discussion. If the grievance is not settled satisfactorily, Step 2 shall follow. Grievances settled at the first step shall be non-precedent setting on either party. (c) Step 2 If the grievance is not settled at Step 1, the Shop Steward and the employee involved shall, within ten (10) working days after receipt of answer of the Supervisor (and in any event not later than thirty (30) working days after the occurrence out of which the grievance arose), prepare and sign four (4) copies of written notice of grievance. This notice will detail, so far as may be applicable, (1) the nature of the grievance and the circumstance out of which it arose, (2) the remedy or correction the Company is requested to make and (3) the section or sections of this Agreement, if any, relied upon or claimed to have been violated. One (1) copy of this notice shall be forwarded to the Business Representative, one (1) copy shall be retained by the Shop Steward and two (2) copies forwarded to the Department Manager or Director with request for a meeting. The Department Manager or Director shall, within ten (10) working days after receipt of this notice, meet and discuss the grievance with the Shop Steward. If settlement is reached, a written settlement agreement in four (4) copies shall be signed by both parties. One (1) copy of this Agreement shall be forwarded to the Business Representative, one (1) copy retained by the Shop Steward, and two (2) copies retained by the Department Manager or Director. If no settlement is reached, the Department Manager or Director shall, within ten (10) working days after the discussion, furnish written answer to the Shop Steward and the Business Representative. If the grievance is not settled satisfactorily, Step 3 will follow. (d) Step 3 If the grievance is not settled at Step 2, the Business Representative shall, within ten (10) working days after receipt of answer of the Department Manager or Director, prepare two (2) copies of written notice of appeal. This notice shall state, (1) the date and subject matter of the grievance and (2) the objections of the Business Representative to the answer of the Department Manager or Director. The copies of this notice shall be forwarded to the Chair of the Company's Labor/Management Committee, or his/her authorized representative, with request for a meeting. The Chair of the Company's Labor/Management Committee shall, within ten (10) working days after receipt of this appeal, meet and discuss the grievance with the Business Representative. The Company and the Union may each call and present witnesses to testify at the meeting and each shall pay all costs of the appearance of any witness called by him/her. WNIDCL_PR_035(AVA) Attachment A Page 5 of 66 If settlement is reached, a written settlement agreement in four (4) copies shall be signed by both parties. Two (2) copies of this agreement shall be retained by the Business Representative and two (2) copies retained by the Chair of the Company's Labor/Management Committee. If no settlement is reached, the Chair of the Company's Labor/Management Committee shall, within ten (10) working days after the discussion, furnish written answer to the Business Representative. (e) A grievance asserted by the Company or a grievance of a general nature asserted by the Union shall be initiated at Step 3 by either party preparing a written notice of grievance. (f) The Company and the Union shall endeavor to settle by the method above all grievances arising under this Agreement. All times specified above may be extended by mutual agreement of the Company and the Union. Failure of the Company to render its decision in Step 2 or Step 3, or failure of the Union to (1) file a written grievance, (2) give notice of an appeal or (3) render its decision in Step 3 within the time limits above (including extension periods mutually agreed to) shall be deemed to constitute a waiver of the grievance or a granting of the grievance, as the case may be. (g) In the event that any grievance arising under this Agreement shall not be settled as provided in the sections above, such grievance shall be submitted at the request of either the Union or Company to arbitration as provided in the Article following. Sec. 4 In order to facilitate the proper handling of grievances, the Shop Steward, upon request to his/her Supervisor, shall be given reasonable time with pay at his/her regular rate, if during his/her working hours, for necessary discussion regarding any grievance pertaining to their area of appointment. ARTICLE 4 ARBITRATION Sec. 1 (a) Any dispute, claim, question or controversy arising out of or relating to any grievance as previously defined not settled in direct negotiations as provided for in the preceding Article shall be submitted to arbitration (or mediation by mutual agreement) at the request of either the Union or Company in accord with the procedure hereafter defined. Before proceeding to arbitration, the parties may move the dispute to non-binding mediation by mutual agreement. The mediator will be selected by mutual agreement and the cost of the mediator's services will be split equally by the parties. If a dispute is not settled in mediation, it may be moved to arbitration. (b) The matter may be appealed to arbitration by written notice given by the party instituting the grievance within two (2) weeks after the date of the final written answer. The Company shall direct such appeal to the Business Representative of the Union and the Union shall direct such appeal to the Chair of the Company's Labor/Management Committee. Notice of appeal shall be deemed complete by personal delivery or by deposit of such notice in the United States mails as either certified or registered mail property addressed and postage prepaid. (c) The arbitrator appointed as provided below shall set a date for hearing of such grievance as soon as practical after notice of appeal and, upon completion of the hearing, render a decision within two (2) weeks unless otherwise mutually agreed. (d) The decision of the arbitrator, as provided below, shall be final and binding upon the parties. WNIDCL_PR_035(AVA) Attachment A Page 6 of 66 (e) The arbitrator may interpret this Agreement, or any applicable supplementary Agreement, and apply it to the particular case under consideration; but shall, however, have no authority to add to, subtract from or modify the terms of the Agreement. (f) Upon receipt of any notice of appeal to arbitration, the parties shall immediately confer in an effort to select, by mutual consent, an impartial arbitrator. If the parties do not, within seven (7) days of receipt of such notice, agree upon the selection of an arbitrator, then either party may submit the matter to the Federal Mediation and Conciliation Service. The Federal Mediation and Conciliation Service shall be requested to furnish a panel of arbitrators consisting of any uneven number of arbitrators, not less than five (5) nor more than eleven (11). The parties shall agree upon one (1) of said panel as arbitrator and, in the event of failure to so agree, they shall meet and alternately strike names until one (1) name remains and the person whose name remains on the list shall be the arbitrator. The arbitrator shall have complete and sole authority to fix the rules of procedure governing the arbitration. The losing party to the arbitration shall pay the arbitrators expenses in full. ARTICLE 5 WAGES, OVERTIME, AND MEALS Sec. 1 The wage schedule, meal rates, and mileage rates for all employees of the Company coming within the classifications covered by this Agreement are set up in Exhibit A, which is attached hereto and made a part hereof. Sec. 2 (a) The Company shall pay each employee bi-weekly on regularly designated pay days. Starting the first pay period in 2011, employees will be paid by electronic direct deposit. (b) If pay day falls on a holiday, the preceding day shall become the pay day. Sec. 3 (a) An employee shall be paid at the rate called for in the classification under which work is being performed on a regular basis, unless such assignment is for the temporary relief of another employee. (b) An employee placed on a temporary replacement assignment in a higher classification for one (1) day or more shall receive the rate of pay for the higher classification during the entire period of the assignment. (c) When a dual rated employee works 1,000 straight time hours or more in the calendar year at the higher rate, their One Leave allowance for the following calendar year will be paid at the higher rate. Sec. 4 If an employee is not qualified or is physically unable to perform work in their regular classification, the employee shall be subject to being transferred to an assignment which he/she can perform and be paid in accordance with the classification of that assignment. Such a transfer shall be made only after consultation with the Union. Sec. 5 When an employee is hired, transferred, or promoted (including working in a dual rated classification) to a classification in which he/she has had no previous experience they shall be given a reasonable training period with an experienced employee in that position without an increase in pay. Sec. 6 (a) An employee shall be allowed overtime at the rate of double time for all time worked other than the regular day or shift. WNIDCL_PR_035(AVA) Attachment A Page 7 of 66 (b) An employee notified before leaving his/her regular shift to report for duty more than one (1) hour prior to or following their regular shift shall be paid overtime from the time he/she reports to headquarters until he/she returns to headquarters with a minimum of one and one-half hours (1 1/2) two (2) hours if between 10 P.M. and 6 A.M.). Overtime will not continue when the employee goes on regular shift except as provided in Section 8. (c) An employee called out less than one (1) hour prior to the start of their regular shift shall be paid overtime from the time of call to the start of the regular shift. (d) An employee called out on other than their regular shift and more than one (1) hour prior to the start of their regular shift shall be paid overtime from the time the employee leaves their home until he/she returns to their home, with a minimum of one and one half hours (1 1/2), two (2) hours if called out between 10 P.M. and 6 A.M.). Travel time to and from their home to headquarters will not be paid in excess of one (1) hour total. The employee will not be paid while eating, except as stated in Section 7, or sleeping, and overtime will not continue when he/she goes on their regular shift, except as provided in Section 8. Sec. 7 (a) It is the intent of the Company to pay for or provide a meal when an employee's ability to obtain said meal has been impacted by the Company. It is also the Company's intent that the employee will not provide more than one (1) meal per shift. Meal times are not intended to impact customer service and the Company recognizes the employee's need to eat during extended outages. (b) The following definitions shall be used to interpret Section 7 of Article 5. (1) Scheduled overtime shall be defined as any overtime worked where the employee was notified prior to the end of his/her regular shift and had eight (8) or more hours between the end of that shift and the start of the overtime period. (2) All other overtime worked shall be considered unscheduled overtime. (3) Overtime meal times shall be defined to be 6:00 A.M. for breakfast, 12 noon or 12 midnight for lunch, and 6:00 P.M. for dinner. (4) No time will be paid for missed meals not eaten under any provision of this agreement. (c) Meals on Scheduled Overtime (1) On scheduled overtime the employee will provide their own midshift meal and eat the meal on their own time. (2) On scheduled overtime adjacent to the start of the regular shift, the Company will pay for or provide the pre-shift meal if the employee begins work two (2) or more hours prior to their regular shift or begins work prior to the defined mealtime. The times established by this paragraph shall also apply to scheduled overtime on non-shift days. (3) On scheduled overtime the Company will pay for or provide all meals, except the mid-shift meal, and pay for a reasonable amount of time to eat the meal. Employees returned to headquarters on or before a defined mealtime shall not be entitled to that meal. WNIDCL_PR_035(AVA) Attachment A Page 8 of 66 (d) Meals on Unscheduled Overtime (1) On unscheduled overtime the Company will pay for or provide all meals and pay for a reasonable amount of time to eat the meal. Employees returned to headquarters on or before a defined mealtime shall not be entitled to that meal. (2) If an employee is called out during the second hour previous to their regular shift, the Company will pay for or provide the pre-shift meal. (3) If an employee is called out prior to their regular shift and he/she continues up to and works their regular shift, the Company will pay for or provide the mid-shift meal. (4) On unscheduled overtime adjacent to the end of the regular shift the Company will pay for or provide all meals if the shift is extended two (2) or more hours or the employee is not returned to headquarters on or before a defined mealtime. The Company does not pay for the time to eat the meal at the end of the overtime period unless the employee has worked more than twelve (12) consecutive hours. Sec. 8 An employee shall be entitled to a rest period when any of the following four (4) conditions exist: (a) An employee has worked six (6) or more consecutive hours at the overtime rate and those working hours overlap the entire sixth hour prior to the start of their regular shift. (b) An employee works six (6) or more hours at the overtime rate between the hours of 10:00 p.m. and the start of the next regular shift (an equivalent benefit applies to employees working other than day shift). (c) An employee works sixteen (16) or more consecutive hours including meal periods. (d) An employee has responded to two or more overtime call outs after the end of their shift. On an employee’s day off, the qualifying overtime call outs must be on the day off immediately preceding his/her regular scheduled day shift. The two overtime call outs must come after what would be the employee’s regular scheduled quitting time. Extensions of what would be an employee’s regular work day hours will not be considered an overtime call out for this rest period qualifier. The rest period shall consist of eight (8) consecutive hours (or ten (10) consecutive hours when working the 4/10 Alternate Work Week) upon completion of the overtime work. If the rest period, in whole or in part, overlaps the employee’s regular work hours and he/she is available for call back, then the employee will receive pay at the straight time rate for the overlap. In the event an employee is called back during their rest period, the employee shall be paid at the overtime rate for all hours worked until the employee has had eight (8) consecutive hours (or ten (10) consecutive hours of rest. No employee shall be allowed to work continuously more than sixteen (16) hours except in an emergency when they cannot be replaced locally. If an employee does not qualify for the rest period after working extended overtime, or after a rest period the employee feels that he/she cannot satisfactorily perform the assigned duties of his/her regular shift; the employee will have the option to take the day or remainder of the day off without pay, use One Leave hours or reach agreement with the supervisor for reassignment for the day. All time off under this section shall be “No Pay, No Penalty”. WNIDCL_PR_035(AVA) Attachment A Page 9 of 66 Sec. 9 Division of overtime work in the Departments or Construction Areas within the classifications covered by this Agreement will be made as equitably as practical. A Weekend/Holiday overtime opportunity list may be established. If there is a reasonable probability that an employee may be available, they are encouraged, but not required to add their name to said list or to respond if contacted. Sec. 10 Payments for holidays and One Leave are explained under the specific Articles relating to these subjects. ARTICLE 6 HOURS, TRAVEL, AND HEADQUARTERS Sec. 1 For timekeeping purposes, the regular work week shall commence Monday at 12:01 A.M. unless specified otherwise in this agreement Sec. 2 Eight (8) consecutive working hours shall constitute a day's work and five (5) working shifts falling in sequence shall constitute a work week for all employees covered by this Agreement, unless elsewhere specified in this Agreement, Sec. 3 (a) All employees shall report at headquarters in time to start at 8:00 A.M. unless elsewhere specified in this Agreement or when modified by mutual agreement between the Union and the Company. (b) The regular eight (8) hour day shall consist of four (4) hours from 8:00 A.M. until 12 noon and four (4) hours from either 12.30 P.M. until 4:30 P.M. or 1:00 P.M. until 5:00 P.M., except when modified by mutual agreement between the Union and the Company. (c) The Company or the Union will provide a two (2) week written notice that they are terminating the mutually agreed shift. In such incidents the regular hours language (unless otherwise specified) in the collective bargaining agreement shall take precedent. (d) A group of employees working together as a production crew out of permanent headquarters will have a one-half (1/2) hour lunch period. Shop production crews working in permanent shops will have a one-half (1/2) hour lunch period in the shop area. The extent of other lunch periods shall be determined by the Supervisor. (e) When travel for lunch is involved, it will be included in the lunch period. Sec. 4 (a) Early starting times as early as 6 a.m. may be implemented for periods of one week or more by a two-thirds (2/3) majority vote of those people affected and with mutual agreement by the Shop Steward and the Supervisor. (b) Meal periods may either shift the same as the early start time or remain unchanged by mutual agreement between the affected employees and their supervisor. Sec. 5 Alternate Work Week - Employees may be authorized to work an alternate work week subject to the following conditions: (a) The alternate work week shall consist of four 10 hour working days Monday through Thursday or Tuesday through Friday. (b) Any combination of 4-10 shifts can be utilized Monday-Friday, however, any work in excess of 10 hours per day or 40 hours per week per employee shall be at the overtime rate. WNIDCL_PR_035(AVA) Attachment A Page 10 of 66 (c) Travel from permanent headquarters to the work site and return shall be within the 10 hour day. Travel to and from headquarters and to and from the work site will be on Company time. (d) For pay and benefits purposes, the alternate work week shall be considered a five day work week (40 hours) at the straight time rate. All benefits shall be administered based on the five day, 40 hour week. (e) The rest period for employees working 10 hour shifts shall be 10 consecutive hours and be administered according to the provisions of Article 5, Section 8. (f) During weeks in which a holiday is observed, 3-10 hour days with 2 hours of paid or unpaid time off is an acceptable alternative work week. The holiday may be moved to Monday or Friday by mutual agreement. (g) In order to implement the alternate work week, Department Management and the majority of employees directly affected must approve. The majority vote will extend to those people or crews associated with the specific project. (h) The regular ten-hour day shall consist of five hours from 7:00 a.m. until 12:00 noon and five hours from either 12:30 p.m. until 5:30 p.m. or 1:00 p.m. until 6:00 p.m. except Monday when the regular ten hour day may consist of four hours from 8:00 a.m. until 12:00 noon and six hours from either 12:30 p.m. until 6:30 p.m. or 1:00 p.m. until 7:00 p.m. unless modified by mutual agreement between the Union and the Company. (i) The alternate work week may be implemented when crews are working on a shift basis under Article 14, Section 2, Paragraphs (a) and (b) and Article 16, Section 2, Paragraphs (a) and (b) or when mutually agreed by the Union and the Company. (j) When employees working the 10 hour shift schedule are called out or scheduled to work additional hours, they will be entitled to a meal when working one hour or more before the start of their regular shift or when working one hour or more past the end of their regular shift. Sec. 6 Employees subject to call-out may be required by the Company to live within twenty-five (25) miles and/or thirty (30) minutes from the permanent headquarters. Sec. 7 When employees are called to do any emergency work, the Company shall furnish transportation from headquarters to and from the job. Sec. 8 All employees shall travel from headquarters to headquarters on Company time, except as provided subsequently in this Article. Sec. 9 Crews working within 25 miles of permanent headquarters will be returned to permanent headquarters daily. Sec. 10 (a) Employees being dispatched from permanent headquarters to temporary headquarters or from temporary headquarters to permanent headquarters shall be paid the regular wage rate for time consumed in traveling and reasonable traveling expenses. (b) Employees working out of temporary headquarters shall be furnished board and lodging or the Company will pay reasonable board and lodging expenses. Sec. 11 (a) All employees working out of temporary headquarters will be returned to permanent headquarters each weekend subject to the following conditions and exceptions: WNIDCL_PR_035(AVA) Attachment A Page 11 of 66 (b) Time of departure to permanent headquarters shall be fixed by the Manager in charge giving consideration to travel conditions. When travel conditions may be unusually difficult, the Manager may determine that the crews shall remain at temporary headquarters. (c) When an employee's home is nearer the temporary headquarters than their permanent headquarters or when the employee’s home is within 25 miles or thirty minutes of the temporary headquarters, the Company and the employee may mutually agree for the employee to report to the temporary headquarters at the agreed starting time. Sec. 12 Where suitable Company transportation is not available, an employee may be requested to furnish their own transportation, and mileage at the prevailing rate as indicated in Exhibit A will be paid for the necessary mileage covered. Sec. 13 When employees are hired to work out of temporary headquarters, they will not be allowed board and lodging expenses. Sec. 14 Employees working under a helicopter shall be paid at the double time rate for the actual time worked under a helicopter with a one-half (1/2) hour minimum per day when such work occurs. ARTICLE 7 HOLIDAYS Sec. 1 (a) Holidays shall be as follows: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and the day following, and Christmas Day. (b) Employees may elect to declare Veterans Day and/or President’s Day as a holiday by providing two weeks’ notice to their immediate supervisor. These days will be charged against the employee’s One Leave account, except for the employees subject to 24 hour shift provisions. (c) Employees subject to 24 hour shift provisions may choose one (1) day of One Leave per calendar year as a personal holiday, provided he/she gives at least two (2) weeks advance notice. Once scheduled, this holiday will not be changed except where an employee and Supervisor mutually agree to a change. (d) When a holiday falls on Saturday, Friday shall be observed. When a holiday falls on Sunday, Monday shall be observed. The day observed shall be considered the holiday for pay purposes. (e) For employees working other than a Monday through Friday shift schedule the holiday will be observed on the day that it falls. (f) Temporary employees are not eligible for holiday pay until they have completed six (6) months of continuous service. (g) Holiday pay for an employee who is temporarily upgraded or dual rated shall be based on the rate of pay for the higher classification, provided the employee works the regularly scheduled work day preceding and the regularly scheduled work day following the holiday at the higher classification. (h) The following rules shall apply to the Fourth of July Holiday: When mutually agreed by the Company and the Union and when the work permits, employees working out of WNIDCL_PR_035(AVA) Attachment A Page 12 of 66 temporary headquarters (i.e. employees temporarily assigned outside the 25-mile radius from permanent headquarters) may observe the holiday as follows: When the holiday falls on Sunday, Monday, or Tuesday; Mondays shall be observed. When the holiday falls on Wednesday, Thursday, Friday, or Saturday; Friday shall be observed. Sec. 2 (a) Any eligible employee not required to work on a holiday shall be allowed their regular day's pay for the holiday. (b) Any eligible employee required to work on a holiday shall be allowed their regular day's pay for the holiday and paid, in addition, at the double time rate for the time worked. (c) Any eligible employee required to work a shift on a holiday or called out to work on a holiday shall be paid at the double time rate for the time worked (Unless stated at time and one-half in other contract provisions) and they will have the option of eight (8) hours of holiday pay or eight (8) hours added to their One Leave Bank. Sec. 3 (a) To be eligible for holiday allowance the employee shall have reported for work on their scheduled work days both immediately preceding and immediately following the holiday unless their absence is excused. (b) Absences shall be excused when the employee is on paid leave or their Supervisor has granted approval which shall not inconvenience the operation of the Company or increase operating expenses. ARTICLE 8 ONE LEAVE Sec. 1 (a) The One Leave Program is a benefit that allows employees to accrue a "bank" of hours, based on years of service, to use for vacation, personal business, family illness, doctor/dental visits, funerals or recovery from sickness or accident. An employee may also sell the time back to the Company for cash in accordance with Section 3 (g) of this Article. (b) One Leave pay will be computed at the straight time rate of pay applicable to the employee's regular classification as of the time One Leave is taken (except as provided in Article 5, Section 3 (c). (c) One Leave schedule shall be so arranged as to cause a minimum of disturbance to the Company's operations. The One Leave schedule, once arranged, shall not be changed except for valid reasons. Sec. 2 (a) One Leave shall be accrued based on the employee's Anniversary date. The anniversary date is the seniority date per Article 19; Section 3(a) and (c) unless modified per Article 19; Section 6(k). (b) Regular full time employees shall have available a One Leave allowance according to the following schedule. WNIDCL_PR_035(AVA) Attachment A Page 13 of 66 ONE LEAVE ACCRUAL SCHEDULE Accrual Per Accrual Per Years of Days Per Pay Period Service year (80 Hours) During the 1st year 18.00 days or 5.54 hours per pay period During the 2nd year 18.69 “ 5.76 “ During the 3rd year 19.38 “ 5.97 “ During the 4th year 20.07 “ 6.18 “ During the 5th year 20.76 “ 6.39 “ During the 6th year 21.45 “ 6.60 “ During the 7th year 22.14 “ 6.82 “ During the 8th year 22.83 “ 7.03 “ During the 9th year 23.52 “ 7.24 “ During the 10th year 24.21 “ 7.45 “ During the 11th year 24.90 “ 7.67 “ During the 12th year 25.59 “ 7.88 “ During the 13th year 26.28 “ 8.09 “ During the 14th year 26.97 “ 8.30 “ During the 15th year 27.66 “ 8.51 “ During the 16th year 28.35 “ 8.73 “ During the 17th year 29.04 “ 8.94 “ During the 18th year 29.73 “ 9.15 “ During the 19th year 30.42 “ 9.36 “ During the 20th year 31.11 “ 9.58 “ During the 21st year 31.80 “ 9.79 “ During the 22nd year 32.49 “ 10.00 “ During the 23rd year 33.18 “ 10.21 “ During the 24th year 33.87 “ 10.43 “ During the 25th year 34.56 “ 10.64 “ During the 26th year 35.25 “ 10.85 “ During the 27th year 35.94 “ 11.06 “ During the 28th year 36.63 “ 11.28 “ During the 29th year 37.32 “ 11.49 “ During the 30th year 38.00 “ 11.70 “ Thereafter 38.00 days or 11.70 hours per pay period Sec. 3 (a) Temporary full time employees shall accrue One Leave, but shall be eligible to take One Leave only if continuously employed for six (6) months or longer. (b) Additional One Leave above two (2) calendar weeks per year will be taken outside the period mid-May through mid-September and at a time convenient to the Company. When additional One Leave will not inconvenience Company operations or deprive another employee of the opportunity for One Leave during this period, this restriction may be suspended by the Company. (c) When a holiday occurs while an employee is on One Leave it will not be considered a One Leave day. (d) While on One Leave, One Leave will accrue. (e) While on leave of absence, One Leave will not accrue. WNIDCL_PR_035(AVA) Attachment A Page 14 of 66 (f) One Leave may be accumulated to a maximum of 750 hours. The One Leave plan shall be administered as a debit/credit system, and will be accrued in accordance with the One Leave Accrual Schedule. Except as noted in Section 3 (a) of this Article, One Leave will be immediately available for use. (g) Employees may cash out available One-Leave hours at 100% of their regular rate of pay at the time of termination (including retirement). Employees may cash-out accrued One Leave hours down to forty (40) hours during the calendar year in an amount not to exceed their annual accrual rate. The annual leave accrual rate for cashing-out shall be based on the employee’s accrual rate as of the first pay period of January of each year. Employees may cash out up to 120 hours at 100% of their regular rate of pay and may cash out the remainder of their annual accrual at 80% of their rate of pay. Cash-outs are not paid at higher dual-rate wage rates. One Leave cashed out will be paid only on the employee's biweekly paycheck. Sec. 4 To be eligible for One Leave due to sickness or emergency, an employee shall notify their supervisor as early as possible before he/she is scheduled for work. One Leave for these purposes can be taken in increments of one half hour. Sec. 5 An employee hospitalized during their One Leave shall promptly notify their supervisor. ARTICLE 9 SHORT TERM/LONG TERM DISABILITY & WORKERS COMPENSATION SHORT TERM DISABILITY Sec. 1 Regularly scheduled employees working twenty (20) or more hours per week and having at least six (6) months of service will be eligible for the Company’s Short Term Disability Plan. Sec. 2 The Short Term Disability Plan (STD) will be administered in accordance with the policies and administrative procedures of the Company. The STD Plan provides benefits for up to twenty-six (26) weeks of disability following a five (5) working day waiting period. Occurrences of illness or injury lasting five (5) working days or less are covered by the One Leave Plan. Short Term Disability begins on the sixth (6th) consecutive day of work absence due to illness or injury (in the event lost workdays are not consecutive, they must occur within 14 days preceding the sixth day) according to the following schedule: Years of Service Weeks at 100 %( ST Pay) Weeks at 60% (ST Pay) .5(6 months) 1 0 1 2 24 2 4 22 3 6 20 4 8 18 5 10 16 6 12 14 7 14 12 8 16 10 9 18 8 10 20 6 Sec. 3 If an employee has used Short Term Disability, returns to work, and within six (6) months becomes disabled again from any cause, the Short Term Disability benefit for the second disability resumes after another five (5) working day waiting. No five (5) working day waiting period is required if a disability for the same illness or injury occurs within thirty (30) days of WNIDCL_PR_035(AVA) Attachment A Page 15 of 66 returning to work. If the condition will require additional time away from work that will occur at a point in excess of 30 days from the last STD use, a medical statement indicating this special requirement should be provided. Consultation with a physician selected by the Company may be required to confirm the disability. The Short Term Disability schedule is made whole after returning to work for six (6) months without using any days from the Short Term Disability Schedule. Sec. 4 While on 60% Short Term Disability, One Leave will not accrue. Sec. 5 If a recognized holiday occurs on a regular workday during the time an employee is on Short Term Disability, it shall be accounted for as a holiday and not as a day of Short Term Disability. LONG TERM DISABILITY Sec. 6 Regular employees working 1000 or more hours per year and who have completed 12 months of service are eligible for the Company’s Long Term Disability Plan. Employees with one to ten (1-10) years of service are eligible for one (1) year of benefit for each year of service. Employees with ten (10) or more years of service are eligible for payment of benefits as defined by the Plan. Employees will continue to accrue retirement service and be eligible to participate in the Company's Medical and Group Life Plans. Sec. 7 The Long Term Disability Plan provides benefits after twenty-six (26) weeks of continuous disability that, when combined with Worker’s Compensation benefits, if applicable, provides 60% of the employee’s straight time earnings at the time of disability. Sec. 8 Eligible employees will receive LTD benefits at 60% until they qualify as eligible for retirement benefits under Avista’s Defined Benefit Pension (DBP) (15 years of service @ 55) plan, at which time their LTD benefit will be at 50% of their straight time earnings. The 50% LTD benefit will continue for eligible employees until they retire under the Avista DBP or until they reach Normal Retirement Age (65), whichever comes first. Sec. 9 While on Long Term Disability, One Leave will not accrue. WORKER'S COMPENSATION Sec. 9 In the case of any injury which is covered by State Industrial Insurance Acts, the employee will receive an amount from the Company which, when combined with temporary Worker's Compensation benefits, will be equal 80% of their regular pay. Such payments will continue as long as the employee receives temporary disability payments under Worker's Compensation but not to exceed the weeks shown in the following schedule according to years of service. Industrial Accident Maximum Years of Company Service Allowance in Weeks 0 - 9 years 52 10 plus years 104 Sec. 10 An Employee on Worker's Compensation beyond six (6) months is subject to the requirement of applying to establish LTD eligibility on the schedule prescribed in the LTD Plan. WNIDCL_PR_035(AVA) Attachment A Page 16 of 66 ARTICLE 10 WORKING RULES FOR LOCAL REPRESENTATIVES (ELECTRIC AND GAS) Sec. 1 The Local Representative – Electric will continue to perform all work they have performed in the past. This includes but is not limited to overhead and underground line work, service work, meter work, collections, meter reading, job design and public relations. This work may be performed independently as it occurs including regular shifts, emergency callouts, or scheduled overtime periods where safe and physically possible. The Company and the Union agree that the Local Representative will make the onsite determination in all instances as to whether, where, and when additional help is needed to perform the work. The Local Representative – Electric will continue their current practice of teaming up with another Local Representative – Electric, Line Serviceman or Lineman to perform work that two Linemen can perform safely and efficiently. The Local Representative may be designated as the Foreman when working with Linemen or Line Servicemen. Sec. 2 The Local Representative – Gas will continue to perform all work they have performed in the past including any work below their classification and in the same manner as performed in the past. This includes but is not limited to gas construction, maintenance, service, repair and other operations’ duties associated with the Company’s Gas system, customer service, collections, meter reading, job design and public relations. This work may be performed independently as it occurs including regular shifts, emergency callouts, or scheduled overtime periods where safe and physically possible. The Company and the Union agree that the Local Representative – Gas will make the onsite determination in all instances as to whether, where, and when additional help is needed to perform the work. The Local Representatives – Gas will continue their current practice of teaming up with another Local Representative – Gas or another qualified employee to perform work that two (2) people can perform safely and efficiently. Sec. 3 Under this section, a telephone call received does not constitute a callout under the Agreement. The compensation for handling telephone calls is part of the base wage rate for this position. Sec. 4 The Local Representatives’ classification is exempt from all requirements to maintain equitable distribution of overtime. When two Local Representatives are located in the same location, the distribution of overtime will be made as equitable as practical. When a Local Representative and a crew are headquartered at the same location, the Construction Manager or the Local Representative will make the determination on the type of assistance required for callouts. If more help is needed, additional personnel will be called out as required. Sec. 5 The regular work day for Local Representatives shall consist of eight (8) hours between 8:00 am and 5:00 pm or as determined by the Local Representative. Local Representatives will coordinate shift changes with their supervisor. No other restrictions on the Local Representatives shifts shall apply. When scheduled to work with a crew, the Local Representative may work the crew’s shift hours. Sec. 6 Meal times for Local Representatives will be adjusted at the Local Representative’s discretion. Sec. 7 The Company will provide the following moving assistance for employees who are selected for vacant Local Representative Positions: The Company will reimburse the Local Representative for the actual cost of moving truck rental, necessary packing material, and gas to move. In addition, the Company will allow reasonable time to accomplish the move. WNIDCL_PR_035(AVA) Attachment A Page 17 of 66 When other moving arrangements are made in lieu of moving truck rental, the Company will reimburse the Local Representative the average cost of equivalent moving truck, necessary packing material, and gas and allow reasonable time to accomplish the move. When available, the average cost of three (3) moving truck rental companies (Example – U-Haul, Ryder, etc.) will be used to determine the average cost. Sec. 8 The Company will provide the following home sale assistance to employees who are selected for vacant Local Representative Positions: Reimbursement for actual real estate commissions and/or actual closing costs not to exceed eight (8) per cent of the selling price of the employee’s primary residence up to a maximum of $24,000. Sec. 9 The Company will provide communication technology for business needs as required. Sec. 10 Local Representatives expense accounts will continue as per Company expense account policy. Sec. 11 Local Representatives - Gas will be included in operating unit with the “Gas Crews, Gas Serviceman, Meterman Gas and support classifications” Job Family. In a reduction in complement, the Local Representative Gas would be eligible to bump all positions in their job family using the rules of Article 19, Section 6 (d-m). Local Representatives – Electric will be included in the operating unit with the “Electric crews including Journeyman and support classifications” Job Family. In a reduction in complement, the Local Representative – Electric would be eligible to bump the least senior Local Representative and all positions below Foreman in their job family using the rules of Article 19, Section 6 (d-m). The Local Representative – Electric would not be eligible to bump a Foreman and a Foreman would not be eligible to bump a Local Representative. ARTICLE 11 WORKING RULES FOR GARAGE Sec. 1 (a) The regular work week shall be five (5) consecutive eight (8) hour days, Monday through Friday inclusive, with the hours scheduled as required by the operation. (b) When the opportunity arises for a mechanic to get off night shift rotation and go on straight days, the determination will be made using garage department Seniority instead of Company Seniority. ARTICLE 12 WORKING RULES FOR GAS Sec. 1 A minimum company street crew shall consist of a Foreman Gas and Journeyman Gas, or Foreman gas and an Equipment Operator, or a Foreman Gas and a Crewman Gas (equivalent or higher), who has passed the Company’s Operator Qualification Training Program and who has six (6) months related gas construction experience. However for 2” and larger steel pipe when they are tapping or performing another functions that require two workers to be in a bell hole, the company street crew shall consist of a Foreman Gas, Journeyman Gas, and Crewman Gas with Fire Training or a Foreman Gas, Equipment Operator and a Crewman Gas with Fire Training. In general when installing 2” plastic pipe and larger this crew structure would also be used. If a Journeyman Gas is not used as the second person on a three-person crew then the Operator or Crewman Gas should have (6) month’s related experience and completed the company’s Operator Qualification Training. WNIDCL_PR_035(AVA) Attachment A Page 18 of 66 The supervisor, in consultation with the Foreman Gas, will determine the appropriate crew makeup for the work to be performed. Sec. 2 Services may be installed or removed by a Journeyman Gas or higher classification, and a Gas Crewman (equivalent or higher) who has passed the Company's "Gas Qualified Worker" training program and with skills appropriate to perform the required duties. The supervisor in consultation with the Journeyman Gas will determine the appropriate crew make-up for the work to be performed. Sec. 3 When performing gas work, the Company will supply each job with a sufficient number of trained and qualified personnel to perform the work safely. When assistance in the performance of the work is necessary, other personnel with skills and training appropriate for the work to be performed will be called or assigned to provide assistance. During the time when Company employees are actually performing welding duties on live gas lines, there will be a second qualified gas worker present in the immediate work area. The second worker must have completed fire school and have a current First Aid card. However, the qualified gas worker does not have to be a Company employee. Sec. 4 Journeyman Gas employees will be upgraded to Pressure Controlman-1 when low-hydrogen welding is required or when welding on high pressure lines (Pressure Controlman-2 and above are not available as Dual Rate positions). Sec. 5 Gas apprentices will be assigned work such that the training requirements of the Gas Apprenticeship program are met. Sec. 6 (a) Shifts will be assigned to meet customer service requirements and still provide two (2) consecutive days off. (b) When a Journeyman Gas Serviceman (working other than a Monday through Friday shift schedule) is working a holiday, or a holiday falls on one of their days off, they will have the option of eight (8) hours of holiday pay or eight (8) hours added to their One Leave Bank. Sec. 7 Gas construction crews may work a Tuesday thru Saturday shift on a voluntary basis with Supervisor approval. Sec. 8 A Serviceman shall report at headquarters unless the location for the work in which the employee is engaged is nearer their home than headquarters. In such cases, the Company may request the Serviceman to go directly to the job from their home, in which case their time shall commence at the time of leaving home. Employees who take Company vehicles home may be dispatched directly to the job site. When this happens, work time will begin at the time of leaving home. ARTICLE 13 WORKING RULES FOR OVERHEAD AND UNDERGROUND OVERHEAD Sec. 1 The minimum overhead line crew shall consist of a Foreman and two (2) Journeyman Linemen or a Foreman, Journeyman Lineman, and an apprentice Lineman of 5th six (6) months or over. Sec. 2 All framing of poles on the job shall be considered Lineman's work and shall be done by Linemen WNIDCL_PR_035(AVA) Attachment A Page 19 of 66 Sec. 3 All Linemen working eighty (80) feet above ground or higher on poles shall be paid at the rate of double time while working at such height. Sec. 4 All ground patrolling of overhead lines required because of trouble or outages shall be done by Union personnel when available; except any qualified employee may patrol in an emergency or during normal work hours. Sec. 5 (a) Crews engaged in the stubbing of poles on transmission and distribution lines shall consist of a Journeyman Lineman and Groundman. (b) Foreman in charge of crews engaged in test and treat work shall be Journeyman Lineman or Journeyman trimmers and be paid at the Journeyman Lineman rate of pay. UNDERGROUND Sec. 6 The minimum underground distribution crew shall consist of a Foreman, and a Journeyman Lineman or apprentice of the 5th, 6 months or over, and one (1) additional person of Groundman classification or higher. This crew will perform the construction and maintenance of underground distribution systems, including the installation of the terminators and terminator arm. Sec. 7 When a Journeyman Lineman and additional support personnel are performing development work, the Journeyman Lineman shall be designated as the person in charge and paid as line Foreman. Sec. 8 The installation and maintenance of secondaries, services, and the installation of primary cable (including splicing of new cable), in an open ditch may be done by one (1) Journeyman. When assistance in the performance of this work is necessary, other personnel with skills appropriate for the work to be performed will be called or assigned to provide assistance. Sec. 9 Underground conduit installations may be performed by a crew consisting of a crew leader or higher classification and an operator. If a contract operator is utilized, a Groundman or an employee of equivalent classification appropriate for the work being performed will be added to this crew make up. If a Journeyman is not assigned to this crew, a Journeyman Lineman or line Serviceman will monitor, coordinate and may assist with the work of this crew in order to facilitate proper installation, and will be present when entering energized vaults. When a Journeyman Lineman or line Serviceman is assigned as a member of this crew, they may then perform those duties that one (1) Journeyman may perform alone, as outlined above, and in addition may install pads, scoops, and thread conduit on secondary or service conductor. If underground conduit installation work is contracted, a Journeyman Lineman or Line Serviceman will be assigned to monitor this work to the extent necessary to insure proper installation. NETWORK Sec. 10 (a) When work is being performed in a manhole, hand hole, or transformer vault a qualified manhole attendant (or top person) shall be stationed on top for safety measures. A qualified manhole attendant shall have a current first aid card, flagger card, has WNIDCL_PR_035(AVA) Attachment A Page 20 of 66 completed training in manhole rescue, and the use of air quality sensor equipment. Additionally, the employee will have a reasonable amount of time in assisting the Network crews to become familiar with the emergency procedures. (b) At the Foreman’s discretion, based on the emergency work being performed, the manhole attendant may need to have completed training on the Self Contained Breathing Apparatus (SCBA). Sec. 11 A network Foreman shall supervise all network work. A Network Foreman can supervise up to two network electric crews with each crew consisting of at least (1) Journeyman Cableman, (1) apprentice and (1) qualified top person. This Foreman shall additionally provide work direction to a structural crew consisting of at least (1) Crew Ldr Ntwk or higher and one additional person with the skills and ability to assist with structural work. Sec. 12 Under the supervision of either a Foreman Cableman, Journeyman Cableman, or Crew Ldr Ntwk along with (1) worker from the following classifications: Apprentice Cableman, Groundman or Network Helper the following work may be performed with a minimum of (2) workers: cleaning and pumping out manholes and vaults, building and installing scaffolding, minor nonstructural carpentry work, other nonelectrical work, inspection, repairs, maintenance and rebuilds on manholes, vaults and ductlines or other similar work. Definition of Network Helper for this Article shall be: any employee working outside their respective classification to assist the Underground Network crews. GENERAL Sec. 13 Upon request, where the physical natures of the work or safety considerations require, additional personnel may be assigned to these crews. Sec. 14 When three (3) or more Journeyman Linemen are assigned to work together as a line crew, for one (1) hour or more, one (1) man will be designated and paid as a line Foreman. Sec. 15 Foremen in charge of employees doing line work shall be Journeymen. Sec. 16 Where two (2) employees are working steadily on a shift, one (1) employee shall be rated as Person in Charge. Sec. 17 (a) Where available locally, there shall be two (2) Journeyman Linemen or Journeyman Line Serviceman dispatched on all call outs, except; (b) One (1) employee shall be dispatched for shut-offs or turn-ons at the meter, adjusting regulators from the ground, reading switchboard meters, replacing fuses on customers' premises, switching and operating disconnects from the ground, inspection of troubles in specific locations, and single phase meter troubles from the ground. In addition, during day light hours one (1) Journeyman Lineman or Journeyman Line Serviceman may repair service troubles, do reconnects from the pole, and perform line patrol. Day-light hours shall be defined as 1/2 hour after sunrise and 1/2 hour before sunset. Sec. 18 (a) In order to render adequate utility service to customers when employees are assigned to service or call work, the Company may establish such shifts as are necessary Monday through Saturday inclusive. (b) When a Journeyman Line Serviceman (working other than a Monday through Friday shift schedule) is working a holiday, or a holiday falls on one of their days off, they will have WNIDCL_PR_035(AVA) Attachment A Page 21 of 66 the option of eight (8) hours of holiday pay or eight (8) hours added to their One Leave Bank. Sec. 19 One Journeyman Lineman may install gas service pipe in an open ditch. Sec. 20 Any qualified employee can be dispatched to specific locations for the purpose of assessing problems. If any further assessment is deemed necessary beyond the specific locations, bargaining unit personnel shall be called. ARTICLE 14 WORKING RULES FOR PLANT/SUBSTATION MAINTENANCE AND CONSTRUCTION Sec. 1 Five (5) days, Monday through Friday inclusive, shall constitute a week's work for shop, station construction and maintenance crews, except there may be a minimum number of employees maintained on Saturday. Sec. 2 (a) Work crews may be organized on a shift basis when necessary and when the work will extend one (1) work week or longer. The Company shall establish work schedules and advise each employee affected which shift the employee shall work. Employees shall be paid on the regular straight-time wage basis of any eight (8) hour shift and working conditions governing regular working hours shall prevail for any eight (8) hour shift. (b) Work shall only be done on a shift basis where necessary to restore equipment or facilities to service or where it cannot reasonably be done during regular working hours. (c) Alternate Work Week - The following two provisions can be utilized in addition to Article 6 Section 5. 1. A 4-10 Friday through Monday shift may be established with all time worked on Saturday and Sunday paid at the overtime rate. This shift may be utilized at all generating stations. 2. Crews working in the metropolitan Coeur d'Alene area, Rathdrum area, Plummer area and Benewah substation may travel between permanent headquarters and the job site on Company time provided they are working a 4-10 shift. If road or weather conditions dictate, the Company may require the crews to remain at temporary headquarters. Sec. 3 If four (4) or more employees are working together as a crew then one Journeyman shall be designated as Foreman and paid the Foreman rate. Sec. 4 Helpers may independently use tools of the trade when assisting, or under the direction of a Journeyman or Foreman. Sec. 5 One or more Journeymen may be assigned to independently perform the duties of their crafts when trained and qualified. The Journeyman may be assigned to work with other crafts and perform duties of the assigned craft when under the guidance of a Journeyman or Forman of the applicable craft. Sec. 6 Crews headquartered in Spokane performing construction or maintenance work at Long Lake or Little Falls Power Stations shall travel in Company vehicles on Company time to and from those locations each day. Under these conditions, meals and lodging will not be provided by the Company. WNIDCL_PR_035(AVA) Attachment A Page 22 of 66 ARTICLE 15 WORKING RULES FOR STATION OPERATIONS Sec. 1 The following terms as used in subsequent sections are defined as: (a) “Operator” shall mean station operators with the classification of journeyman operators, apprentice operators, chief operators, and chief journeyman operators. (b) “Chief Operator” and “Chief Journeyman Operator” shall mean a journeyman operator promoted and appointed by the Company as a working Supervisor (c) “Operating Seniority” shall mean the length of time an employee has continuously held a classification of operator. An Apprentice Operator shall accrue operating seniority beginning the first day the employee is awarded an apprentice position. The Company shall revise the operating seniority list at reasonable intervals and make it available to the Union and the operators. Sec. 2 All operators are subject to work rotating shifts, regular shifts, irregular shifts, and special shifts. Shifts are to provide 24 hours a day and seven (7) days a week coverage when required; shifts that are not required within a rotating schedule for plant operations may be omitted from the schedule. Shift schedules shall be arranged to provide two (2) consecutive days off except when split days off are mutually agreed to by the Operator and Supervisor. (a) "Rotating shifts" shall consist of eight (8) consecutive hours scheduled with the following daily start-stop times: 0600 to 1400 1400 to 2200 2200 to 0600 Mealtimes will be on Company time at the convenience of the work. (b) "Regular shifts shall consist of eight (8) hours from 0730 to 1600 with a meal break period of thirty (30) minutes. (c) "Irregular shifts" shall consist of a combination of rotating shifts and regular shifts as needed for relief operation. (d) "Special shifts" may be scheduled in response to emergencies or to facilitate a specific project. (e) The work week will begin on the first shift on Monday and end on the last shift of the following Sunday. (f) Employees will be notified twenty-four (24) hours prior to a change in shifts or shift schedules or will be paid at the overtime rate for the first shift worked on the new schedule with the following exceptions: The “Extra"(Relief) shift operator notified before the end of their shift will work the new schedule at the regular rate. The "Extra" (Relief) shift operators will work all hours which are part of or overlap their normal shift at the straight- time rate. Hours that are not part of the normally scheduled relief shift will be paid at the overtime rate for the first shift only. Subsequent shifts will be worked at the straight time rate. WNIDCL_PR_035(AVA) Attachment A Page 23 of 66 When an operator works a triple-back series of shifts, he/she will be paid at the overtime rate for time worked on the third shift of the series. (g) Shift start/stop times and the "regular shift" meal break period may be altered by mutual agreement between the affected Operators and the Supervisor. Sec. 3 (a) The first year of employment as an operator shall be regarded as a probationary period and continued employment during this period shall be entirely at the option of the Company. (b) The control room operator at each generating station shall be a chief operator, a Chief Journeyman Operator, or a journeyman operator, except during training shifts as required by the Joint Apprenticeship Committee for apprentice operators. (c) An operator who, for the convenience of the Company, has been temporarily transferred or promoted shall continue to accrue operating seniority during such transfer or promotion. (d) One or more Journeymen may be assigned to independently perform the duties of their crafts when trained and qualified. The Journeyman may be assigned to work with other crafts and perform duties of the assigned craft when under the guidance of a Journeyman or Foreman of the applicable craft. Sec. 4 (a) Operating seniority instead of Company seniority shall apply to the appropriate sections of Article 19. (b) In the event no qualified operator places a bid on a vacant operator’s position, the Company may appoint an apprentice who meets the conditions of Article 18, Section 5(c) to the job, or require the qualified operator lowest on the seniority list to take the job. (c) For the convenience of the Company, temporary assignments may be made for a period of 180 days until the bids are received and proper assignments made. Sec. 5 (a) Employees occupying Company housing shall enter into a lease agreement with the Company. (b) The moving of an operator from one (1) house to another within the same camp shall be entirely at the option of the Company. (c) The occupant of a Company house shall be held responsible for any misuse or abuse of the property and shall pay the costs of repair. (d) The Company will determine the availability and assignment of housing. Available housing is intended for operators, and will be provided or leased to operators for use as primary residences only Sec. 6 (a) Insofar as practical, vacation schedules shall be made by the Company in such manner as will give an operator in a vacation group a choice of time according to Company seniority in that group. It is recognized by the Company and the operator that an adequate operating force must be maintained at all times and that vacations and vacation groups will of necessity have to be arranged to best meet the conditions prevailing at the time. (b) Holidays that fall on Saturday or Sunday will be observed on that Saturday or Sunday for employees who are scheduled to work in a twenty-four (24) hour day, seven (7) days a WNIDCL_PR_035(AVA) Attachment A Page 24 of 66 week, shift work operation. Any eligible employee required to work on a holiday on regular shift schedule work shall be paid at the time and one-half rate (1 1/2) for the time worked on the holiday. An operator shall have the option of receiving their regular eight (8) hours pay for the holiday when required to work the holiday or if the holiday falls on their day off; or of adding eight (8) hours of One Leave to their accrued One Leave. Sec. 7 With the approval of the Company, exchanges of jobs with the same classification may be made by mutual agreement of the operators involved; provided, however, that such exchanges of jobs shall not be for less than one (1) year. 12-HOUR SHIFT PROVISIONS (Sections 8 through 11): Sec. 8 (a) "Rotating shifts" will consist of 12 consecutive hours providing two 36-hour work weeks and two 48-hour work weeks per 28-day cycle for each operator position in the regularly scheduled shift rotation. The workday will consist of a day shift beginning at 0600 and ending at 1800, and a night shift beginning at 1800 and ending at 0600. Meals will be provided by the employees and eaten on Company time at the convenience of the work . (b) When employees working the 12 hour shift schedule are called out or scheduled to work additional hours, they will be entitled to a meal when working one hour or more before the start of their regular shift or when working one hour or more past the end of their regular shift. (c) When working a regular 12 hour shift the mid shift meal will be eaten on Company time. (d) "Irregular shifts" will consist of a combination of rotating shifts and regular shifts, 12-hour and 8-hour, as needed for relief operation. (e) The work week will begin on the first shift on Monday and end on the last shift the following Sunday. The 8-hour relief operator shifts will be as listed in Article 15, Section 2 of the Agreement. (f) All operators are subject to work rotating shifts, regular shifts, and irregular shifts. (g) The Company will attempt to schedule 40 hours per week, on the average, for relief operators who work a combination of 8 and 12 hour shifts and who otherwise may not be compensated for 40 hours work each week. OVERTIME: Sec. 9 (a) Scheduled 36 hour work: Hours worked outside the regular scheduled shifts will be paid at the double time rate. (b) Scheduled 48 hour work week: One and one-half time the straight time hourly rate for the 8 scheduled hours worked in excess of 40 hours. All hours worked other than scheduled hours will be paid at the double time rate. (c) Relief shift employees working one or more 12-hour shift(s) shall be paid at the double time rate for all hours worked in excess of 40-hours in the work week. (d) There will be no pyramiding of overtime, that is, payment of overtime for any hour excludes that hour from consideration for overtime payment on any other basis. (e) Employees may have the option to take a full shift off (12 hours) when taking personal holidays. The holiday benefit is for 8 hours. The additional 4 hours can be time off WNIDCL_PR_035(AVA) Attachment A Page 25 of 66 without pay, One Leave or the employee can work the extra 4 hours by mutual agreement between the employee and the supervisor. HOLIDAY PAY: Sec. 10 Any employee scheduled to work their regular shift on a holiday will be paid at one and one-half the straight time hourly rate for eight (8) hours on an eight (8) hour shift and for the full 12 hours of the 12 hour shift. In addition, an employee shall have the option of receiving their regular eight (8) hours pay for the holiday when required to work the holiday or if the holiday falls on their day off; or of adding eight (8) hours of One Leave to their accrued One Leave. Unscheduled hours worked on a holiday will be paid at the double time rate. BENEFITS PLANS: Sec. 11 Benefit plans such as the Pension, Life Insurance, One Leave, Short Term Disability, Worker's Compensation and Long Term Disability will continue to be based on earnings assuming a 40- hour week instead of the 36-hour or 48-hour week. ARTICLE 16 WORKING RULES FOR COMMUNICATIONS Sec. 1 Five (5) days, Monday through Friday inclusive, shall constitute a week's work for communications work, except when modified by mutual agreement between the Union and the Company. Sec. 2 (a) Work may be organized on a shift basis when necessary and when the work will extend one (1) work week or longer. The Company shall establish work schedules and advise each employee affected which shift he/she shall work. Employees shall be paid on the regular straight-time wage basis of any eight (8) hour shift and working conditions governing regular working hours shall prevail for any eight (8) hour shift. (b) Work shall only be done on a shift basis when necessary to restore equipment or facilities to service or when it cannot reasonably be done during regular working hours. ARTICLE 17 WORKING RULES FOR KETTLE FALLS GENERATION STATION Sec. 1 (a) All plant employees are subject to work a “Rotating Shift" and be assigned to a rotating shift on a permanent basis to establish 24-hour a day and seven (7) days a week coverage. Rotating shift hours are established in Section l(c) of this Article. (b) The times for "Regular Shift" employees, not assigned to rotating shifts, shall be from 7:30 a.m. until 11:30 a.m. and from either 12:00 p.m. until 4:00 p.m. or 12:30 p.m. until 4:30 p.m. Monday through Friday, except when modified by mutual agreement between the Union and the Company. The Supervisor shall determine the utilization of the thirty (30) minutes or the one (1) hour meal period. (c) The times for "Rotating Shift" employees shall be from 7:30 a.m. to 3:30 p.m., 3:30 p.m. to 11:30 p.m., and from 11:30 p.m. to 7:30 a.m., except when modified by mutual agreement between the Union and the Company. WNIDCL_PR_035(AVA) Attachment A Page 26 of 66 Rotating shift employees do not observe a meal break during the regular shift but eat at the convenience of the work being performed. Such meals for rotating shift employees will be eaten on Company time. (d) The regular shift for "Relief Shift” employees, not on rotating shifts, shall be 7:30 a.m. to 3:30 p.m., Monday through Friday, except when modified by mutual agreement between the Union and the Company. The relief shift employee(s) is/are not subject to notification provision of Section l(h) of this Article. (e) "Special Shift" shall refer to shifts worked other than the normal days and hours and which are established to perform work that cannot reasonably be done during standard days and hours. Such special shifts shall continue for not less than five (5) days and shall discontinue upon completion of the work for which the special shift was implemented. When two (2) or more people are employed to perform the same type of work and such work requires the use of a special shift, scheduling shall provide for a rotation system which shall permit such employees to share equally in working the more desirable shifts and to share Sundays and holidays off. Wherever possible, such schedule shall provide for two (2) days off in sequence. (f) Every effort shall be made to transfer employees from "Regular Shift" or "Rotating Shift" schedules to "Special Shift" or other shift schedules and back to "Regular Shift" or "Rotating Shift” schedules without loss of "Regular" or "Rotating" shift pay. Such employees shall be given at least eight (8) hours off duty before returning to their normal shift schedule. (g) Shift changes shall not be made for the sole purpose of performing work that reasonably can be done during regular days and hours. (h) Notification to employees shall be made at least 24 hours prior to the effected change of shift schedule. If notification is made less than 24 hours prior to the effected change, the employees shall be paid at the rate of double time their regular rate for the first shift worked on the new schedule with the following exceptions: Relief Shift operators notified before the end of their shift will work the new schedule at the regular rate. Relief Shift operators will work all hours which are part of or overlap their normal shift at the straight time rate. Hours that are not part of the normally scheduled relief shift will be paid at the overtime rate for the first shift only. Subsequent shifts will be worked at the straight time rate. Such employees shall be given at least eight (8) hours of advance notice and seven (7) hours off duty before returning to their normally scheduled shift. (i) Operating employees assigned to "Regular Shift” shall observe the same hours and meal periods as the regular shift employees. (j) An employee scheduled to work their regular shift on a holiday will be paid at one and one-half the straight time hourly rate for eight (8) hours on an eight (8) hour shift and for the full 12 hours of the 12 hour shift. In addition, an employee shall have the option of receiving their regular eight (8) hours pay for the holiday when required to work the holiday or if the holiday falls on their day off; or of adding eight (8) hours of One Leave to WNIDCL_PR_035(AVA) Attachment A Page 27 of 66 their accrued One Leave. Unscheduled hours worked on a holiday will be paid at the double time rate. Sec. 2 Plant Mechanics and C & E Technicians are entitled to a 107.5% compensation rate while non maintenance employees are assigned to work under their direction. Sec. 3 All plant personnel are expected to perform preventative maintenance work and housekeeping activities and will be assigned areas of responsibility. Sec. 4 In the event of conflict between provisions of Article 17 and other provisions in this Agreement, the provisions of Article 17 shall prevail for Kettle Falls plant employees. Applicable provisions of this Agreement which are not in conflict with Article 17 shall apply at Kettle Falls Generating Station. Sec. 5 12-HOUR SHIFT PROVISIONS - Refer to Article 15 Section 8 through 11. ARTICLE 18 APPRENTICESHIP RULES Sec. 1 In view of the nature of the business of the Company and of the inherent responsibility of both the Company and the Union to provide the maximum in highly skilled service, it is essential that apprentices be broadly trained in all the aspects of their craft. To accomplish this purpose each apprentice is to be provided with systematic work experience and off-the-job related instruction when it is possible to arrange such instruction. Sec. 2 The selection of apprentices will be made from a pool of current employees. The responsibility of and authority for the selection rests with the Company and not the Joint Apprenticeship Committee. Selection will be made solely from qualified existing employees as determined by an Assessment Committee. All opportunities for entrance into an apprenticeship pool shall be posted for a period of thirty (30) days with notification to the union and in accordance to Article 19, Section 6, Paragraph “a” of this agreement. (a) For entry-level apprenticeship positions a pool will be established from the posting process. Eligible applicants for each apprenticeship pool will be reviewed to provide a consensus appraisal of each candidate’s qualifications as related to the job demands and critical duties of the classification. Correspondingly only job-related qualifications and indicators for an entry-level apprenticeship will be considered i.e.; physical ability to perform duties dependably, safety, aptitude, craft interest, motivation and career stability, work habits, attitude and cooperation, related training, and experience. The apprenticeship pool announcement will contain a statement that apprentice vacancies are expected; that the pool posting serves as the apprentice job posting and that any selection(s) will be made from the approved pool of candidates within a period of time not to exceed three (3) months after the pool is formed. Whenever two or more employees are equally qualified, seniority will be the determining factor. A separate pool will be established for each classification posted. (b) For advanced standing apprenticeship positions, a pool will be established from the posting process. Eligible applicants for each apprenticeship pool will be reviewed to provide a consensus appraisal of each candidate’s qualifications as related to the job demands and critical duties of the classification and previous training and experience. An assessment committee will be established for each apprenticeship classification. The WNIDCL_PR_035(AVA) Attachment A Page 28 of 66 Committee will include representatives from the JATC, Human Resources, two Journeymen from the specific craft classification (selected by the JATC) and supervisory staff. Correspondingly only job-related qualifications, previous training and experience and indicators for advanced standing of at least twelve (12) months in the apprenticeship will be considered along with interpersonal skills, physical ability to perform duties, dependability, safety, aptitude, craft interest, motivation, work habits, attitude, cooperation, related training, and experience. The apprenticeship pool announcement will contain a statement that apprentice vacancies are expected; that the pool posting serves as the apprentice job posting for employees with previous experience related to the classification. Any selection(s) will be made from the approved pool of candidates within a period of time not to exceed twelve (12) months after the pool is formed. A separate pool will be established for each classification posted. Selection of an apprentice will be made from the three (3) highest rated candidates. Management will make the selection after input from representatives from the selection committee. Sec. 3 The following terms as used in subsequent sections are defined as: (a) "Apprentice" shall mean an employee who has signed an Apprenticeship Agreement with the Company or has otherwise been entered into an Apprentice classification to learn one (1) of the skilled crafts classified within this Agreement. (b) “Apprenticeship Agreement” shall mean a written agreement between the Company and the person employed as an apprentice. (c) "Joint Apprenticeship Committee" is that committee established by the Company and the Union, composed of equal representation from each, and charged with the administration of the apprenticeship program. Sec. 4 (a) The term of apprenticeship, depending on the craft, shall be two (2), three (3) or four (4) years of reasonably continuous employment and experience in the principal operations of such craft. (b) The first six (6) months of the term of apprenticeship shall be considered a probationary or try-out period. During this period his/her continued employment as an apprentice shall be entirely at the option of the Company. (c) An apprentice shall be promoted (1) pay classification at the completion of each six (6) months of work as an apprentice if his/her field progress, as reported by his/her Supervisor to the Joint Apprenticeship Committee, has been satisfactory and if he/she has fulfilled their obligations as to related instruction when this instruction is available. (d) An employee moving to an apprentice position from a Helper, Groundman, Crewman or other like position within the Job Family shall remain at their pre-apprenticeship wage until their apprenticeship step progression pay equals or exceeds their pre- apprenticeship wage. Sec. 5 An apprentice for whom related instruction has been arranged shall be required to enter into an Apprenticeship Agreement with the Company, and shall enroll in a course of related instruction which is to be conducted as determined by the Joint Apprenticeship Committee. Time spent on such related instruction shall not be classified as hours of work and shall not be compensable. (a) At the end of the employees term of apprenticeship an apprentice will be examined by the Union to determine their qualifications for Journeyman. If the employee has been enrolled in a related course of instruction he/she shall be examined only after being WNIDCL_PR_035(AVA) Attachment A Page 29 of 66 certified by the Joint Apprenticeship Committee. When the apprentice passes their examination he/she shall be judged qualified for the rating of Journeyman. (b) If an apprentice fails to pass the examination, the apprentice shall be given a second opportunity six (6) months later. If he/she fails the second examination or does not take the examination at this time, he/she shall be removed from the apprentice classification and their continued employment shall be entirely at the option of the Company. (c) An apprentice who has completed the term of apprenticeship and has passed their examination shall be paid at the Journeyman rate but continue to be classified as an Apprentice until an opening in the Journeyman classification exists. (d) An apprentice having served their apprenticeship shall not be removed in favor of a new apprentice nor shall a Journeyman be hired until the waiting apprentice, if qualified, has been made a Journeyman Sec. 6 There shall be not more than one (1) apprentice for each three (3) journeymen in overhead crews in each construction area. In other crews there shall be not more than one (1) apprentice for each three (3) journeymen in the classification of work involved Company-wide, provided that there may be one (1) apprentice for each class, and provided that an apprentice shall work under the direct supervision of a Journeyman. For the purpose of this rule, Foremen shall be considered as journeymen. The ratio of one (1) apprentice for each three (3) journeymen may be waived for each specific occurrence by mutual agreement between the Company and the Union. Waiver of the one (1) apprentice to three (3) journeymen ratio would not change crew structures specified elsewhere in this Agreement. ARTICLE 19 GENERAL Sec. 1 (a) The Electrical Workers” Safety Rules adopted by the Division of Safety of the Department of Labor and Industries of the State of Washington, as amended from time to time and as supplemented by the safety rules of the Company, shall be considered part of the Agreement throughout the Company's operation, except where they are in conflict with the laws of the State of Idaho or the State of Montana for operations conducted in Idaho or Montana. (b) The Foreman is directly responsible for safety and for their crew and individual members thereof adhering strictly to the spirit and intent of all provisions of Article 1, Section 2 of this Agreement. (c) Safety is of major interest and concern to all. The Company and the Union agree to promote safety through requiring strict compliance with prescribed and sound safety practices and through improved communications with each other. Sec. 2 The Company shall restore eye glasses and contact lenses to original prescription and condition, if damaged or broken while being worn and as a direct result of a job being performed, except in the case of an injury which is covered by the State Industrial Insurance Act. Sec. 3 (a) Seniority is defined as length of continuous service with Avista and/or Avista/Oregon- Natural Gas. Leaves of absence granted in accordance with Company rules and regulations shall not interrupt seniority. (See Article 15, Section 1 (c), for operating seniority.) WNIDCL_PR_035(AVA) Attachment A Page 30 of 66 (b) The first six months of employment for regular full time status employees and the first twelve (12) months of employment for regular part time status employees shall constitute a probationary period, during which time seniority does not apply. After the first six/twelve months the seniority will be counted as of the date of employment. (c) A temporary employee is one who is hired for a specific job that is expected to last twelve (12) months or less. Temporary employees do not have bidding rights during their first nine months of employment except for Apprenticeship positions. Temporary employees may be used for specific jobs lasting longer than twelve (12) months by mutual agreement between the Company and the Union. An employee who is hired on a temporary basis and subsequently becomes a regular employee shall gain seniority from the last hire date of continuous service. The last hire date becomes the Anniversary date. Sec. 4 If any employee requests time off in addition to their regular time off, such request shall be granted at their own expense providing it does not inconvenience the operation of the Company or increase operating expenses. This request and permission shall be in writing as a matter of record. Sec. 5 (a) Any employee appointed to serve as Business Manager, Assistant Business Manager or Business Representative for IBEW's Local 77, which requires a part or all of his/her time shall not lose his/her established seniority with the Company and shall be granted Leave of Absence upon application. Such leave to terminate ninety (90) days after completion of services with IBEW Local 77, unless the leave is extended by mutual agreement. The provisions of section 5(a), (b) and (c) shall apply to a maximum of three (3) employees at any one (1) time. (b) The position vacated by the employee identified in (a) shall be filled on a temporary basis for a period up to six (6) months. Upon notification to the Company, the employee may return to the vacated position at any time during this period. (c) Upon written notice for return to work from Union Leave, the individual(s) shall be returned to the classification and location of work he/she occupied at the time the Leave of Absence commenced, provided a vacancy exists in said classification in the location and he/she is qualified for the position. Should a vacancy not exist in the same classification and location the individuals) shall be returned to the same classification at a location of their choice, provided a vacancy exists and he/she is qualified for the position. (In the above return procedure, the individuals may bump a temporary employee in the individual's classification.) Should the individual be returned to a location other than their prior location, he/she shall be placed in the next vacancy occurring in his/her said classification at his/her prior location. Should the individual not be qualified to fill the position in their prior classification he/she shall be returned under the provisions of Article 19, Section 6 (c). Should return from Union Leave of Absence take longer than ninety (90) days due to lack of a vacancy in their prior classification or lack of qualifications for vacancies that occur, the leave will be extended until placement is completed. (d) Time off from work for shop stewards and/or other Union officials shall continue as has been the practice prior to the effective date of this agreement. Sec. 6 (a) The Union shall be notified of all regular openings within the classifications covered by the Agreement. The Company shall prepare and forward a “notice of vacancy” to the Union and shall post copies on Union bulletin boards. This “notice of vacancy” will include the job classification, job rate, location and starting date. An interested employee who feels qualified should notify the employment section of the Company in writing within seven (7) days of date shown on notice of their desire to be considered WNIDCL_PR_035(AVA) Attachment A Page 31 of 66 for the vacancy. The employment section will make all pertinent information available to the hiring Department or Area and make arrangements for interview. (b) The Supervisor, Department Manager or Director, in his/her selection to fill the vacancy, will consider all essential qualifications giving major weight to performance in present or past assignments. Where two (2) or more employees appear equally qualified, seniority (as defined in Section 3 of this Article) will be the determining factor for the selection. Qualified employees within Avista will be given first consideration over Avista Oregon Natural Gas employees. (c) The above provision of this Section may be waived upon mutual agreement between the Company and the Union, in special instances where a reclassification or reorganization changes an employee's job title and/or duties and where posting of the job could result in the person being without a job, or in a special instance requiring the reassignment of an employee not qualified or physically unable to perform work in his regular classification. (d) Regular Journeyman positions posted for the following jobs will be awarded to Journeyman level bidders for (lateral bids) based on Company Seniority for the following positions: Job No. Job Short Title 1. 6030 Jmn Lnmn 2. 6330 Jmn Cblmn 3. 6801 Jmn Gas 4. 6920 Svsmn Gas 5. 6430 Jmn Mtrmn 6. 6941 Gas Mtr Tech 7. 7430 Jmn Gar 8. 7830 (& 8231) Jmn Elec (& Sta Elec) 9. 8030 (& 8230) Jmn M/S (Sta Mech) 10. 8420 Jmn P/C Mtr Tech-1 11. 8530 Jmn Comm Tech-1 (e) The Company will meet and confer with the Union in the LMC prior to giving the required two-week written notification effecting a reduction in complement in any classification covered by this Agreement. (f) Employees in classifications affected by reduction in complement will be considered for transfer or layoff based on their seniority (as defined in Section 3 of this Article). Employees so affected may bump the least senior employee in the same or lower classification within the operating unit by line of progression in the job family if they are qualified and have greater seniority. Bumping pursuant to this Section may be made first within the employee's regular headquarters. Employees bumping into lower classifications shall have recall rights by seniority to their original classification, on a one (1) time only basis, for one (1) year from the date of reduction in complement. The Company agrees to consult with the Union regarding the affected employees. (g) An employee affected by reduction in complement may be offered a temporary position in any E-rated job classification based on qualifications and seniority. Should the employee accept the position he/she would retain their recall rights. (h) The operating units and job families for purposes of reduction in complement are defined as follows: WNIDCL_PR_035(AVA) Attachment A Page 32 of 66 "OPERATING UNITS" "JOB FAMILIES" 1) Facilities Services All Building and Grounds Group 2) Transportation All Garage jobs 3) Kettle Falls Generating Station a) Operating classifications: Chief Control Operator, Control Operator, Assistant Control Operator, Auxiliary Operator, Fuel Equipment Operator. b) Control & Electrical Tech c) Plant Mechanic d) Plant Materials Handler e) Plant Utilityman 4) Generation & Production and a) All Electric Group Substation Support b) All Mechanical Structural Group c) Station Mechanics and Station Electricians will be included in source unit (M/S or Elec) d) All Protection Control and Meter Tech Group e) All Communications Technicians Group f) All Stations Operations Group g) Design and Display Specialist 5) Stores All Warehouse as a Group 6) Customer Service a) Outside Serviceman and Meter Readers b) Meter Shop Electric Meterman and Support Classifications Gas Meter Tech and Support Classifications 7) Operations a) Gas Crews, Gas Serviceman, and support classifications b) Electric Crews including Journeyman and support classifications c) Storekeepers and General Maintenance Worker, Shop & Equipment Worker d) Journeyman Serviceman e) Trimmers and Support Classifications f) Cableman 8) General Apprentices (by craft) Note: Apprentices in the last two (2) steps of their apprenticeship program will be included in the Job Family as Journeyman, for bumping purposes only, subject to the following conditions: 1 Journeymen bumping Apprentices shall be subject to the same conditions of employment contained in the Apprenticeship Agreement. 2 The employee bumping must be qualified for the position the employee is bumping to, based on training, background or experience. Disagreements over qualifications will be resolved between the Company and the Union based on the Collective Bargaining Agreement. WNIDCL_PR_035(AVA) Attachment A Page 33 of 66 (i) An employee on layoff status due to reduction in complement will be eligible for recall for one (1) year from date of layoff. Recall shall be in reverse order of layoff, i.e., the last employee laid off shall be the first reinstated. The Company shall notify employees on layoff status by certified mail addressed to the last address of record to report back to work when a vacancy occurs in their job classification or lower job classification within their job family, vacated due to reduction in complement, provided they are qualified. If such employee does not report within ten (10) days (Saturdays, Sundays, and Contractual Holidays excluded) after the sending of such notice, the employee shall lose their seniority. If the failure to so report is due to substantiated illness, injury, or some cause beyond their control, the employee shall be put back to work when he/she is able to report. However, the employee is to notify the Company within such ten (10) day period of the approximate date when he/she will be able to return and there is on such date available job for which the employee is eligible by reason of qualifications and seniority. It is the responsibility of the employee to see that the Company is advised of his/her current mailing address. (j) In addition to the recall procedure as stated in Section 6 (h), employees on layoff status will be eligible to bid on vacancies according to the provisions of Section 6 (a) and 6 (b); except that an interested employee may be allowed up to 14 calendar days to notify the Human Resources Department in writing that he/she desires to be considered for the vacancy. The Union shall be responsible for notifying employees on layoff status of any vacancies. The Union shall be notified of vacancies according to Section 6 (a). (k) If reinstated during the call back period, seniority (as defined in Section 3 of this Article) that the employee had at the time of layoff shall be restored. (l) Employees on layoff status shall have the opportunity to maintain coverage for Medical/Dental Benefits, Survivors Income Benefits, and Group Life Insurance provided the employee arranges in advance to pay the full monthly premiums during the period of layoff. (m) An employee placed on layoff status shall be paid for the personal holiday if eligible and all accrued One Leave including earned One Leave at the time of layoff. (n) The intent of Article 19, Section 6, (e) thru (m) is to: 1) accomplish reduction in complement in a specific location or department as identified by the Company and 2) the least senior employees) in the affected job family and operating unit will be laid off if the employee(s) is not offered another position within the Company. Sec. 7 The Company shall supply bulletin boards for the use of the Union in posting officially signed Union bulletins. Sec. 8 Employees being dispatched to temporary headquarters during any workweek will find crew assignments for that week posted on the department bulletin board. Crews working a Monday through Friday or Tuesday through Friday shift will find the next weeks work assignment posted by the end of that Friday shift. Crews working a shift that ends on a Thursday will find the next weeks work assignment posted by the end of that Thursday shift. Employee(s) who is (are) assigned to work a shift that is scheduled for more than four (4) consecutive weeks in duration shall be notified of that shift at least seven (7) days prior to the WNIDCL_PR_035(AVA) Attachment A Page 34 of 66 start of that shift. It is understood that emergencies, the absence of employees or other changed conditions may necessitate changes in assignments. Sec. 9 Continuation of work during inclement weather will be determined by the Supervisor. Sec. 10 An employee shall not be required to fly against his/her wishes. Sec. 11 The Company will contribute ninety (90) percent toward the monthly premium for active employees and their dependents and for employees receiving benefits under provisions of the LTD Plan and their dependents who are enrolled in the Employees' Benefit Association. The Company and the Union have agreed to establish a Joint Health Care Advisory Committee. The committee will consist of three (3) members each from the Company and the Union. This committee will meet biennially to review the plan, explore a full range of options for cost containment, efficiencies (i.e. wellness, plan utilization, trends) within the plan and reports to the LMC. Sec. 12 (a) The Company and the Union hereby reaffirm that neither party to the agreement will discriminate against any employee or prospective employee because of race, religion, sex, color, national origin, marital status, age, veteran status or handicap (sensory, mental or physical) unless based upon a bona fide occupational qualification. (b) Avista is committed to Equal Employment Opportunity and Affirmative Action and is a federal contractor. The Company is therefore subject to the Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veteran’s Readjustment Assistance act of 1974, as amended (38 USC 4212). Sec. 13 Whenever words denoting the masculine gender are used in this Agreement; they are intended to apply equally to either gender. Sec. 14 The Company will provide Lineman's safety straps on an exchange basis. ARTICLE 20 WORKING RULES FOR TREE TRIMMERS Sec. 1 A qualified Journeyman Tree Trimmer shall be in charge of a tree trimming crew. Sec. 2 (a) The minimum tree trimming crew, shall consist of two (2) Journeyman Tree Trimmers. (b) On a two (2) person crew, the chipper shall not be in operation while a Trimmer is engaged in trimming. (c) On a two (2) person crew, if a second Journeyman is unavailable a Trimmer-4 may take the place of a Journeyman at the trainee step rate of pay. (d) A two (2) person crew shall not be permitted to trim in the primary area unless the trimming can be reached by an insulated bucket truck. (e) Upon request and where the physical nature of the work or safety considerations require, additional personnel may be assigned to this crew. Sec. 3 (a) A minimum climbing crew shall consist of a Foreman Trimmer, and a Journeyman Trimmer, and one (1) additional person of Trimmer Groundman or higher. WNIDCL_PR_035(AVA) Attachment A Page 35 of 66 (b) On a minimum climbing crew no more than two (2) employees may be aloft at any one (1) time. (c) On a climbing crew, if a Journeyman is unavailable, a Trimmer-3 or higher may take the place of a Journeyman at the trainee step rate of pay. Sec. 4 These crew make-ups do not preclude Journeyman Lineman or higher classifications from performing tree trim duties, replacing Journeyman trimmers on tree trim crews, or forming additional tree trim crews. Sec. 5 While removing trees and tree limbs from energized lines, tree trimmers may use insulated tools and protective equipment as necessary to protect themselves from hazards. EXHIBIT A NOTES: For Meter Readers requested to furnish their own transportation, mileage will be reimbursed at the following rates: 1-10 miles $10.59 per day 11-15 miles $13.30 per day 16-20 miles $16.13 per day 21 + miles $16.13 plus IRS rate of $0.565 for all miles exceeding 20 miles The current mileage rate per mile for all mileage over 20 miles, except that the mileage rate for Meter Readers traveling from permanent headquarters to temporary headquarters, and return, shall be the IRS rate cited in Exhibit A of the Agreement. OPERATOR HOUSING Employees occupying Company housing will pay an annual fee of $1.00 and enter into a lease agreement with Company. BARGAINING UNIT MILEAGE RATES The current mileage rate for all other classifications covered in this agreement, as per Article 6, Section 11, is the IRS mileage rate, as adopted by the Company, at the time the mileage was incurred. The IRS rate shall be implemented within 30 days of the effective date of the IRS rate change. STUDENT RATES: ST ND RD TH $11.68 $12.23 $12.75 $13.18 $12.03 $12.60 $13.13 $13.58 Students used as Meter Readers shall be paid at the entry-level rate of the Meter Reader classification. MEAL ALLOWANCE The Company will pay an allowance for meals missed, as referenced in Article 5, at the rate of $16.00. per meal. No time will be paid for missed meals not eaten under any provisions of this agreement. WNIDCL_PR_035(AVA) Attachment A Page 36 of 66 ENTRY LEVEL RULES Any employee having completed the entry level(s) in one (1) of the classifications listed shall not be required to repeat the entry level(s) in another of the listed classifications. (Entry levels are marked "E-l" and "E-2".) Once an employee has satisfied E-1 in one classification and has been employed with the Company for at least (12) months they shall not be required to satisfy other E requirements in any other classification. Time spent as a satisfactory employee in a Company apprenticeship or trainee program will be credited towards satisfying the E-rate requirements. CLASSIFICATION CLASSIFICATION CLASSIFICATION Gndmn Whsemn Hlpr. Gas Stkpr Svcmn Gar Umn. Gates Mtrdr Grndskpr Mtls. Hdlr PIt Umn Hlpr Elec Comm. Umn Crewmn Gas Umn Elec Sta. Umn Umn Gas Hlpr M/S Umn Bldg Utm Umn M/S Temp Umn Bldg Svcmn Trmr Gndmn COMMERCIAL DRIVERS LICENSE Employees shall maintain and pay for Commercial endorsements as required by their positions. WNIDCL_PR_035(AVA) Attachment A Page 37 of 66 WAGE EXHIBIT Job Number Classification 3/26/2016 3/26/2017 3/26/2018 OVERHEAD, UNDERGROUND AND GENERAL 3% 3% 3% Job No. Classification 6005 Loc Rep-Ele $49.09 $50.56 $52.08 6006 Loc Rep-Ele-2 $47.03 $48.44 $49.89 6007 Loc Rep-Ele-1 $45.32 $46.68 $48.08 6010 Line Frmn $49.31 $50.79 $52.31 6029 Frmn Test & Treat $43.20 $44.50 $45.84 6030 Jmn Lnmn $43.20 $44.50 $45.84 6040 Jmn Lnsvsmn $44.50 $45.84 $47.22 6041 Jmn Lnmn Switchman $45.16 $46.51 $47.91 6051 App Lnmn-6 % of Jmn - 92 $39.74 $40.94 $42.17 6061 App Lnmn-5 % of Jmn - 86 $37.15 $38.27 $39.42 6071 App Lnmn-4 % of Jmn - 81 $34.99 $36.05 $37.13 6081 App Lnmn-3 % of Jmn - 77 $33.26 $34.27 $35.29 6091 App Lnmn-2 % of Jmn - 73 $31.54 $32.49 $33.46 6101 App Lnmn-1 % of Jmn - 70 $30.24 $31.15 $32.09 6150 Hd Grndmn (See Note 1) $35.40 $36.46 $37.55 6151 Hd Grndmn-2 $33.28 $34.28 $35.31 6152 Hd Grndmn-1 $31.59 $32.54 $33.52 6173 Pre App Grndmn 3 $31.59 $32.54 $33.52 6174 Pre App Grndmn 2 $29.50 $30.39 $31.30 6175 Pre App Grndmn 1 $25.30 $26.06 $26.84 6191 Grndmn-5 $31.59 $32.54 $33.52 6192 Grndmn-4 $29.50 $30.39 $31.30 6193 Grndmn-3 $25.31 $26.07 $26.85 6194 Grndmn-E2 $21.08 $21.71 $22.36 6195 Grndmn-E1 $16.86 $17.37 $17.89 6210 Frmn Trimmer $44.56 $45.90 $47.28 6230 Jmn Trimmer $39.66 $40.85 $42.08 6240 Trimmer Grndmn-5 $31.59 $32.54 $33.52 6241 Trimmer Grndmn-4 $29.50 $30.39 $31.30 6242 Trimmer Grndmn-3 $25.31 $26.07 $26.85 Note 1: Head Groundman without previous line experience will have steps indicated. WNIDCL_PR_035(AVA) Attachment A Page 38 of 66 Job No. Classification 2016 2017 2018 6243 Trimmer Grndmn-E2 $21.08 $21.71 $22.36 6244 Trimmer Grndmn-E1 $16.86 $17.37 $17.89 6270 Trimmer-4 $35.69 $36.76 $37.86 6280 Trimmer-3 $33.70 $34.71 $35.75 6290 Trimmer-2 $31.68 $32.63 $33.61 6300 Trimmer-1 $29.73 $30.62 $31.54 6305 Lead Frmn Cblmn $54.34 $55.97 $57.65 6310 Frmn Cblmn $51.01 $52.54 $54.12 6330 Jmn Cblmn $45.32 $46.68 $48.08 6351 App Cblmn-6 % of Jmn-92 $41.69 $42.95 $44.23 6361 App Cblmn-5 % of Jmn-86 $38.98 $40.14 $41.35 6371 App Cblmn-4 % of Jmn-81 $36.71 $37.81 $38.94 6381 App Cblmn-3 % of Jmn-77 $34.90 $35.94 $37.02 6391 App Cblmn-2 % of Jmn-73 $33.08 $34.08 $35.10 6401 App Cblmn-1 % of Jmn-70 $31.72 $32.68 $33.66 6821 Crew Ldr Ntwk $38.36 $39.51 $40.70 6520 Supply Handler-4 $29.50 $30.39 $31.30 6521 Supply Handler-3 $25.31 $26.07 $26.85 6522 Supply Handler-2 $21.08 $21.71 $22.36 6523 Supply Handler-1 $16.86 $17.37 $17.89 6559 Shop & Mtlsmn $41.11 $42.34 $43.61 6561 Stkpr-6 $34.56 $35.60 $36.67 6562 Stkpr-5 $31.59 $32.54 $33.52 6563 Stkpr-4 $29.50 $30.39 $31.30 6564 Stkpr-3 $25.31 $26.07 $26.85 6565 Stkpr-E2 $21.08 $21.71 $22.36 6566 Stkpr-E1 $16.86 $17.37 $17.89 6571 Stkpr - Eqptmn 3 $36.27 $37.36 $38.48 6593 Mtrdr-3 $28.88 $29.75 $30.64 6594 Mtrdr-2 $22.29 $22.96 $23.65 6595 Mtrdr-E1 $16.86 $17.37 $17.89 WNIDCL_PR_035(AVA) Attachment A Page 39 of 66 Job No. Classification 2016 2017 2018 6600 Out Svsmn $34.56 $35.60 $36.67 6601 B Frmn Outsvsmn $37.16 $38.27 $39.42 6630 Jmn Svsmn $39.18 $40.36 $41.57 6635 Shop & Eqpt Worker $37.49 $38.61 $39.77 6640 Genl Mtce Worker $35.00 $36.05 $37.13 6650 Eqpt Opr-Hvy $37.95 $39.09 $40.26 6660 Jkhmr Pwdmn $36.27 $37.36 $38.48 6670 Rd Mtce Worker $33.74 $34.75 $35.79 6680 Design & Display Spec $39.66 $40.85 $42.08 6691 Umn-4 $27.43 $28.25 $29.10 6692 Umn-3 $25.31 $26.07 $26.85 6693 Umn-E2 $21.08 $21.71 $22.36 6694 Umn-E1 $16.86 $17.37 $17.89 6701 Temp Umn-4 $25.31 $26.07 $26.85 6702 Temp Umn-3 $23.19 $23.89 $24.61 6703 Temp Umn-E2 $21.08 $21.71 $22.36 6704 Temp Umn-E1 $16.86 $17.37 $17.89 6799 Gas Foreman Lead $45.42 $46.78 $48.18 6800 Gas Foreman $42.68 $43.96 $45.28 6801 Jmn Gas $37.95 $39.09 $40.26 6802 App Gas-4 % of Jmn - 92 $34.91 $35.96 $37.04 6803 App Gas-3 % of Jmn - 85 $32.25 $33.23 $34.22 6804 App Gas-2 % of Jmn - 80 $30.36 $31.27 $32.21 6805 App Gas-1 % of Jmn - 75 $28.46 $29.32 $30.20 6819 Seasonal Crew Leadman $37.95 $39.09 $40.26 6822 Cnst Svs Repr-2 $37.49 $38.61 $39.77 6823 Cnst Svs Repr-1 $35.40 $36.46 $37.55 WNIDCL_PR_035(AVA) Attachment A Page 40 of 66 Job No. Classification 2016 2017 2018 6825 Hi Press Welder $37.00 $38.11 $39.25 6829 Gas Pr Ctrlmn-1 $43.04 $44.33 $45.66 6830 Gas Pr Ctrlmn-2 $45.35 $46.71 $48.11 6831 Gas Pr Ctrlmn $47.82 $49.25 $50.73 6832 Welder Gas $30.68 $31.60 $32.55 6840 Eqpt Opr Gas $35.40 $36.46 $37.55 6841 Eqpt Opr-Elec $35.40 $36.46 $37.55 6871 Utm Loc II $33.28 $34.28 $35.31 6872 Utm Loc I $31.59 $32.54 $33.52 6883 Crewman Gas $25.31 $26.07 $26.85 6884 Crewman Gas-E2 $21.08 $21.71 $22.36 6885 Crewman Gas-E1 $16.86 $17.37 $17.89 6901 Mtls Handler-4 $31.58 $32.53 $33.51 6902 Mtls Handler-3 $29.50 $30.39 $31.30 6903 Mtls Handler-E2 $25.34 $26.10 $26.88 6904 Mtls Handler-E1 $21.08 $21.71 $22.36 6917 Loc Rep-Gas $45.35 $46.71 $48.11 6918 Loc Rep-Gas-2 $43.04 $44.33 $45.66 6919 Loc Rep-Gas-1 $40.67 $41.89 $43.15 6920 Svsmn Gas $39.67 $40.86 $42.09 6921 App Svsmn Gas-4 % of Jmn - 92 $36.50 $37.59 $38.72 6922 App Svsmn Gas-3 % of Jmn - 85 $33.72 $34.73 $35.78 6923 App Svsmn Gas-2 % of Jmn - 80 $31.74 $32.69 $33.67 6924 App Svsmn Gas-1 % of Jmn - 75 $29.75 $30.65 $31.57 WNIDCL_PR_035(AVA) Attachment A Page 41 of 66 STORES, TRANSPORTATION AND METER SHOP Job No. Classification 2016 2017 2018 6410 A Frmn Mtrmn $49.31 $50.79 $52.31 6420 B Frmn Mtrmn $46.40 $47.79 $49.22 6430 Jmn Mtrmn $43.20 $44.50 $45.84 6440 Mtrshop Spec $39.74 $40.93 $42.16 6451 App Mtrmn-6 % of Jmn - 92 $39.74 $40.94 $42.17 6461 App Mtrmn-5 % of Jmn - 86 $37.15 $38.27 $39.42 6471 App Mtrmn-4 % of Jmn - 81 $34.99 $36.05 $37.13 6481 App Mtrmn-3 % of Jmn - 77 $33.26 $34.27 $35.30 6491 App Mtrmn-2 % of Jmn - 73 $31.54 $32.49 $33.46 6501 App Mtrmn-1 % of Jmn - 70 $30.24 $31.15 $32.09 6510 Elec Mtr Inst $35.40 $36.46 $37.55 6511 Elec Mtr Inst-2 $32.85 $33.84 $34.86 6512 Elec Mtr Inst-1 $30.34 $31.25 $32.19 6910 Frmn Gas Mtr Tech $44.63 $45.97 $47.35 6941 Gas Mtr Tech $39.66 $40.85 $42.08 6942 App Gas Mtr Tech-4 % of Jmn - 92 $36.49 $37.58 $38.71 6943 App Gas Mtr Tech-3 % of Jmn - 85 $33.71 $34.72 $35.77 6944 App Gas Mtr Tech-2 % of Jmn - 80 $31.73 $32.68 $33.66 6945 App Gas Mtr Tech-1 % of Jmn - 75 $29.75 $30.64 $31.56 6950 Mtr Installer $38.36 $39.51 $40.70 6955 Res. Mtr Util Worker $30.22 $31.13 $32.06 6960 Gas Meas & Inst Tech 5 $46.19 $47.58 $49.01 6961 Gas Meas & Inst Tech 4 $43.87 $45.19 $46.55 6962 Gas Meas & Inst Tech 3 $41.56 $42.81 $44.09 6963 Gas Meas & Inst Tech 2 $39.25 $40.43 $41.64 6964 Gas Meas & Inst Tech 1 $36.95 $38.06 $39.20 7310 Frmn Whse $38.84 $40.01 $41.21 7315 Travel Stkpr $35.79 $36.86 $37.97 7320 Recvr-Shpr $34.56 $35.60 $36.67 WNIDCL_PR_035(AVA) Attachment A Page 42 of 66 Job No. Classification 2016 2017 2018 7351 Whsemn-5 $32.45 $33.42 $34.42 7352 Whsemn-4 $29.50 $30.39 $31.30 7353 Whsemn-3 $25.31 $26.07 $26.85 7354 Whsemn-E2 $21.08 $21.71 $22.36 7355 Whsemn-E1 $16.86 $17.37 $17.89 7356 Toolkeeper $33.74 $34.75 $35.79 7357 Invest Recovery Coord $35.55 $36.62 $37.72 7358 Invest Recovery Coord 2 $34.56 $35.60 $36.67 7359 Invest Recovery Coord 1 $33.54 $34.55 $35.59 7360 Recovery Utm-5 $28.27 $29.12 $29.99 7361 Recovery Utm-4 $25.31 $26.07 $26.85 7362 Recovery Utm-3 $23.19 $23.89 $24.61 7363 Recovery Utm-E2 $21.08 $21.71 $22.36 7364 Recovery Utm-E1 $16.86 $17.37 $17.89 7410 A Frmn Gar $43.61 $44.92 $46.27 7420 B Frmn Gar $41.68 $42.93 $44.22 7425 Jmn Gar/Colville,Clarkston,Pullman $40.23 $41.44 $42.68 7429 Jmn Gar-Fab $38.78 $39.94 $41.14 7430 Jmn Gar $38.78 $39.94 $41.14 7431 App Gar-6 % of Jmn - 92 $35.68 $36.74 $37.85 7432 App Gar-5 % of Jmn - 86 $33.35 $34.35 $35.38 7433 App Gar-4 % of Jmn - 81 $31.41 $32.35 $33.32 7434 App Gar-3 % of Jmn - 77 $29.86 $30.75 $31.68 7435 App Gar-2 % of Jmn - 73 $28.31 $29.16 $30.03 7436 App Gar-1 % of Jmn - 70 $27.15 $27.96 $28.80 7437 Fleet Pool Driver 3 $31.59 $32.54 $33.52 7438 Fleet Pool Driver 2 $29.50 $30.39 $31.30 7439 Fleet Pool Driver E-1 $25.31 $26.07 $26.85 7440 Helper Gar 3 $18.97 $19.54 $20.13 7441 Helper Gar 2 $17.93 $18.47 $19.02 7442 Helper Gar 1 $16.86 $17.37 $17.89 7460 Partsman-4 $34.56 $35.60 $36.67 7461 Partsman-3 $31.59 $32.54 $33.52 7462 Partsman-2 $29.50 $30.39 $31.30 7463 Parstman-1 $27.43 $28.25 $29.10 WNIDCL_PR_035(AVA) Attachment A Page 43 of 66 Job No. Classification 2016 2017 2018 7481 Svsmn Gar-5 $31.59 $32.54 $33.52 7482 Svsmn Gar-4 $29.50 $30.39 $31.30 7483 Svsmn Gar-3 $25.31 $26.07 $26.85 7484 Svsmn Gar-E2 $21.08 $21.71 $22.36 7485 Svsmn Gar E1 $16.86 $17.37 $17.89 FACILITIES SERVICES Job No. Classification 2016 2017 2018 7509 Bldg Ele $42.17 $43.44 $44.74 7525 Int Sys Spec $38.36 $39.51 $40.70 7529 Ch Bldg Tech $45.07 $46.42 $47.81 7528 HVAC Lead Tech $43.00 $44.29 $45.62 7530 HVAC Tech $40.01 $41.21 $42.45 7531 HVAC Tech-5 $38.12 $39.26 $40.44 7532 HVAC Tech-4 $36.02 $37.10 $38.21 7533 HVAC Tech-3 $33.90 $34.92 $35.97 7534 HVAC Tech-2 $31.83 $32.78 $33.76 7535 HVAC Tech-1 $29.73 $30.62 $31.54 7510 Frmn Bldg/Grnds $30.36 $31.27 $32.21 7551 Bldg Utm-5 $28.27 $29.12 $29.99 7552 Bldg Utm-4 $25.31 $26.07 $26.85 7553 Bldg Utm-3 $23.19 $23.89 $24.61 7554 Bldg Utm-E2 $21.08 $21.71 $22.36 7555 Bldg Utm-E1 $16.86 $17.37 $17.89 7580 Ld Grndskpr $24.54 $25.28 $26.04 7582 Grndskpr $21.91 $22.57 $23.25 7583 Grndskpr-E2 $18.97 $19.54 $20.13 7584 Grndskpr-E1 $16.86 $17.37 $17.89 7590 Fac Painter $35.06 $36.11 $37.19 7592 Bldg Svsmn-3 $21.91 $22.57 $23.25 7593 Bldg Svsmn-E2 $18.97 $19.54 $20.13 7594 Bldg Svsmn-E1 $16.86 $17.37 $17.89 WNIDCL_PR_035(AVA) Attachment A Page 44 of 66 GENERATION PRODUCTION AND SUBSTATION SUPPORT Job No. Classification 2016 2017 2018 7800 Lead Frmn Elec $53.58 $55.19 $56.85 7810 A Frmn Elec $49.81 $51.30 $52.84 7830 Jmn Elec $44.29 $45.62 $46.99 7931 App Elec-8 % of Jmn - 92 $40.75 $41.97 $43.23 7941 App Elec-7 % of Jmn - 88 $38.98 $40.15 $41.35 7851 App Elec-6 % of Jmn - 85 $37.65 $38.78 $39.94 7861 App Elec-5 % of Jmn - 83 $36.76 $37.86 $39.00 7871 App Elec-4 % of Jmn - 81 $35.87 $36.95 $38.06 7881 App Elec-3 % of Jmn - 77 $34.10 $35.13 $36.18 7891 App Elec-2 % of Jmn - 73 $32.33 $33.30 $34.30 7901 App Elec-1 % of Jmn - 70 $31.00 $31.93 $32.89 7920 Eqpt Spec (See Note 2) $37.08 $38.19 $39.34 7921 Eqpt Spec-3 $35.40 $36.46 $37.55 7922 Eqpt Spec-2 $33.28 $34.28 $35.31 7923 Eqpt Spec-1 $31.59 $32.54 $33.52 7925 Elec Mtlsmn $36.26 $37.35 $38.47 7930 Batteryman $37.95 $39.09 $40.26 7940 Jmn Transfmn $37.95 $39.09 $40.26 7949 Hazardous Waste Tech $38.78 $39.94 $41.14 7950 Hazardous Waste Tech-4 $37.08 $38.19 $39.34 7951 Hazardous Waste Tech-3 $35.40 $36.46 $37.55 7952 Hazardous Waste Tech-2 $33.28 $34.28 $35.31 7953 Hazardous Waste Tech-1 $31.59 $32.54 $33.52 7981 Hlpr Elec-5 $31.59 $32.54 $33.52 7982 Hlpr Elec-4 $29.50 $30.39 $31.30 7983 Hlpr Elec-3 $25.31 $26.07 $26.85 7984 Hlpr Elec-E2 $21.08 $21.71 $22.36 7985 Hlpr Elec-E1 $16.86 $17.37 $17.89 7991 Umn Elec-4 $27.43 $28.25 $29.10 7992 Umn Elec-3 $25.31 $26.07 $26.85 7993 Umn Elec-E2 $21.08 $21.71 $22.36 7994 Umn Elec-E1 $16.86 $17.37 $17.89 Note 2: Eqpt Specialist without previous maintenance and equipment experience in substations and generating stations and/or without heavy equipment operating will have steps indicated. WNIDCL_PR_035(AVA) Attachment A Page 45 of 66 Job No. Classification 2016 2017 2018 8010 A Frmn M/S $50.29 $51.80 $53.35 8030 Jmn M/S $44.69 $46.03 $47.41 8040 App M/S-8 % of Jmn - 92 $41.11 $42.35 $43.62 8045 App M/S-7 % of Jmn - 88 $39.33 $40.51 $41.72 8051 App M/S-6 % of Jmn - 85 $37.99 $39.13 $40.30 8061 App M/S-5 % of Jmn - 83 $37.09 $38.20 $39.35 8071 App M/S-4 % of Jmn - 81 $36.20 $37.28 $38.40 8081 App M/S-3 % of Jmn - 77 $34.41 $35.44 $36.51 8091 App M/S-2 % of Jmn - 73 $32.62 $33.60 $34.61 8101 App M/S-1 % of Jmn - 70 $31.28 $32.22 $33.19 8150 M/S Shop & Mtlsmn $41.11 $42.34 $43.61 8181 Hlpr M/S-5 $31.59 $32.54 $33.52 8182 Hlpr M/S-4 $29.50 $30.39 $31.30 8183 Hlpr M/S-3 $25.31 $26.07 $26.85 8184 Hlpr M/S-2 $21.08 $21.71 $22.36 8185 Hlpr M/S-1 $16.86 $17.37 $17.89 8191 Umn M/S-4 $27.43 $28.25 $29.10 8192 Umn M/S-3 $25.31 $26.07 $26.85 8193 Umn M/S-E2 $21.08 $21.71 $22.36 8194 Umn M/S-E1 $16.86 $17.37 $17.89 8230 Sta Mech $44.69 $46.03 $47.41 8231 Sta Elec $44.29 $45.62 $46.99 8400 Frmn P/C Mtr Tech $55.19 $56.85 $58.56 8410 Sr P/C Mtr Tech $51.35 $52.89 $54.48 8419 Jmn P/C Mtr Tech-2 $48.80 $50.26 $51.77 8420 Jmn P/C Mtr Tech-1 $46.26 $47.65 $49.08 8431 App P/C Mtr-8 (See Note 3) % of Jmn - 92 $42.56 $43.84 $45.15 8441 App P/C Mtr-7 (See Note 3) % of Jmn - 88 $40.71 $41.93 $43.19 8451 App P/C Mtr-6 % of Jmn - 85 $39.32 $40.50 $41.72 8461 App P/C Mtr-5 % of Jmn - 83 $38.40 $39.55 $40.74 8471 App P/C Mtr-4 % of Jmn - 81 $37.47 $38.60 $39.75 8481 App P/C Mtr-3 % of Jmn - 77 $35.62 $36.69 $37.79 8491 App P/C Mtr-2 % of Jmn - 73 $33.77 $34.78 $35.83 8501 App P/C Mtr-1 % of Jmn - 70 $32.38 $33.36 $34.36 Note 3: These two periods will include certain Journeyman Level work to be performed without direct supervision. WNIDCL_PR_035(AVA) Attachment A Page 46 of 66 Job No. Classification 2016 2017 2018 8511 Tech Assistant $30.22 $31.13 $32.06 8519 Frmn Comm $52.29 $53.86 $55.48 8520 Sr Comm Tech $48.61 $50.07 $51.57 8528 Jmn Comm Tech-3 $46.44 $47.83 $49.26 8529 Jmn Comm Tech-2 $45.17 $46.53 $47.93 8530 Jmn Comm Tech-1 $43.80 $45.11 $46.46 8541 App Tech-8 (See Note 3) % of Jmn - 92 $40.30 $41.50 $42.74 8551 App Tech-7 (See Note 3) % of Jmn - 88 $38.54 $39.70 $40.88 8561 App Comm Tech-6 % of Jmn - 85 $37.23 $38.34 $39.49 8571 App Comm Tech-5 % of Jmn - 83 $36.35 $37.44 $38.56 8581 App CommTech-4 % of Jmn - 81 $35.48 $36.54 $37.63 8591 App Comm Tech-3 % of Jmn - 77 $33.73 $34.73 $35.77 8601 App Comm Tech-2 % of Jmn - 73 $31.97 $32.93 $33.92 8611 App Comm Tech-1 % of Jmn - 70 $30.66 $31.58 $32.52 8615 Tele Installer $35.45 $36.51 $37.61 8621 Comm Umn-4 $27.43 $28.25 $29.10 8622 Comm Umn-3 $25.31 $26.07 $26.85 8623 Comm Umn-E2 $21.08 $21.71 $22.36 8624 Comm Umn-E1 $16.86 $17.37 $17.89 8630 Comm Shop Tech-4 $40.29 $41.50 $42.75 8631 Comm Shop Tech-3 $38.53 $39.69 $40.88 8632 Comm Shop Tech-2 $37.23 $38.35 $39.50 8633 Comm Shop Tech-1 $36.37 $37.46 $38.58 HYDRO 8640 Ch Opr $49.81 $51.30 $52.84 8648 Ch Jmn Opr-3 $48.14 $49.58 $51.07 8649 Ch Jmn Opr-2 $47.08 $48.49 $49.94 8650 Ch Jmn Opr-1 $45.77 $47.14 $48.55 8653 Jmn Plant Spec-3 $47.53 $48.96 $50.43 8654 Jmn Plant Spec-2 $46.40 $47.79 $49.22 8655 Jmn Plant Spec-1 $45.32 $46.68 $48.08 WNIDCL_PR_035(AVA) Attachment A Page 47 of 66 Job No. Classification 2016 2017 2018 8660 Jmn Opr $44.29 $45.62 $46.99 8681 App Opr-6 % of Jmn - 92 $40.75 $41.97 $43.23 8691 App Opr-5 % of Jmn - 86 $38.09 $39.23 $40.41 8701 App Opr-4 % of Jmn - 81 $35.87 $36.95 $38.06 8711 App Opr-3 % of Jmn - 77 $34.10 $35.13 $36.18 8721 App Opr-2 % of Jmn - 73 $32.33 $33.30 $34.30 8731 App Opr-1 % of Jmn - 70 $31.00 $31.93 $32.89 8781 Sta Umn-5 $33.74 $34.75 $35.79 8782 Sta Umn-4 $29.50 $30.39 $31.30 8783 Sta Umn-3 $25.31 $26.07 $26.85 8784 Sta Umn-E2 $21.08 $21.71 $22.36 8785 Sta Umn-E1 $16.86 $17.37 $17.89 THERMAL 9009 Ch Control Opr $49.92 $51.42 $52.96 9010 Control Opr $44.43 $45.76 $47.13 9020 Control Opr-1 $42.73 $44.01 $45.33 9030 Asst Control Opr $41.30 $42.54 $43.82 9110 Axly Opr $41.30 $42.54 $43.82 9115 Axly Opr - 6 $40.51 $41.73 $42.98 9120 Axly Opr - 5 $39.67 $40.86 $42.09 9130 Axly Opr-4 $38.77 $39.93 $41.13 9140 Axly Opr-3 $37.08 $38.19 $39.34 9150 Axly Opr - 2 $35.40 $36.46 $37.55 9160 Axly Opr - 1 $33.74 $34.75 $35.79 9305 Lead Fuel Eqpt Opr $37.15 $38.26 $39.41 9310 Fuel Eqpt Opr-4 $34.56 $35.60 $36.67 9320 Fuel Eqpt Opr-3 $31.59 $32.54 $33.52 9330 Fuel Eqpt Opr-2 $29.50 $30.39 $31.30 9340 Fuel Eqpt Opr-1 $25.31 $26.07 $26.85 WNIDCL_PR_035(AVA) Attachment A Page 48 of 66 Job No. Classification 2016 2017 2018 9405 A Frmn Mech $48.35 $49.80 $51.29 9410 Plant Mech $43.61 $44.92 $46.27 9420 Plant Mech-6 $39.59 $40.78 $42.00 9430 Plant Mech-5 $37.00 $38.11 $39.25 9440 Plant Mech-4 $35.28 $36.34 $37.43 9450 Plant Mech-3 $33.93 $34.95 $36.00 9460 Plant Mech-2 $33.12 $34.11 $35.13 9470 Plant Mech-1 $32.21 $33.18 $34.18 9501 Sr Control & Elec Tech $48.61 $50.07 $51.57 9508 Jmn Control & Elec Tech-3 $46.44 $47.83 $49.26 9509 Jmn Control & Elec Tech-2 $45.17 $46.53 $47.93 9510 Jmn Control & Elec Tech-1 $43.80 $45.11 $46.46 9520 Control & Elec Tech-6 $40.36 $41.57 $42.82 9530 Control & Elec Tech-5 $38.58 $39.74 $40.93 9540 Control & Elec Tech-4 $37.27 $38.39 $39.54 9550 Control & Elec Tech-3 $36.36 $37.45 $38.57 9560 Control & Elec Tech-2 $35.48 $36.54 $37.64 9570 Control & Elec Tech-1 $34.63 $35.67 $36.74 9611 Plant Mtlsmn-4 $36.26 $37.35 $38.47 9612 Plant Mtlsmn-3 $31.59 $32.54 $33.52 9613 Plant Mtlsmn-2 $29.50 $30.39 $31.30 9614 Plant Mtlsmn-1 $25.31 $26.07 $26.85 9711 Plant Umn-5 $31.59 $32.54 $33.52 9712 Plant Umn-4 $29.50 $30.39 $31.30 9713 Plant Umn-3 $25.31 $26.07 $26.85 9714 Plant Umn-E1 $21.08 $21.71 $22.36 9715 Plant Umn-E2 $16.86 $17.37 $17.89 WNIDCL_PR_035(AVA) Attachment A Page 49 of 66 WNIDCL_PR_035(AVA) Attachment A Page 50 of 66 WNIDCL_PR_035(AVA) Attachment A Page 51 of 66 Letters of Understanding (LOUs) During the Contract negotiations in 2002 it was agreed to fold the True Seasonal Gas Letter into the Regular Seasonal Letter in part and portions into Article 12- Working Rules for Gas. The following (bold type) from the True Seasonal Gas Letter are now considered as part of the Regular Seasonal Letter which was first adopted in June 1995. Subject: Seasonal Regular Positions At our Labor/Management Committee meeting held June 6, 1995, we worked through terms and conditions for establishing regular seasonal status positions in the Bargaining Unit. The focus of our work tied to positions in the construction arena where typically there are 9 months of work during good weather and long daylight months. The position we used for an example was the Construction Services Repairman (CSR). This position’s work volume is closely tied to the number of crews working on new services and when the work volume slacks off this position is no longer needed. However, it was agreed that there was value in developing regular seasonal positions such as in this example so as to retain the experienced workforce needed for this seasonal work. With this focus we agreed to the following: 1. These positions would be posted for selection and noted as “Seasonal Regular” positions. When there are regular and regular seasonal status positions for the same job, such as the CSR, they would be posted separately. 2. The “Regular Seasonal” position status does not guarantee any set period of employment nor does it assure return to work after the off season. It is the general intent of this agreement that the Company will “unemploy” and “reemploy” seasonal employees by seniority. It is also the general intent that contract crews will be let go before seasonal employees are unemployed and that seasonal employees will be reemployed before contractors are brought back. This general intent will be examined within a local area based on local circumstances, including such things as crew makeup, required crew composition, equipment availability, and crew suitability for job assignments. 3. The Regular Seasonal employee would have bid rights including bid rights while unemployed (during the off season). It would be the employee’s responsibility to check the bulletin boards and the job message line for position postings while unemployed and to get their bid sheets turned in timely. (a) The Gas Subcommittee agreed that “unemployed” seasonal employees may volunteer to be available for recall, either locally or companywide, during their “unemployed” time off. It was clarified that the employee will make their own decision based on their personal circumstances and the best information that the company can provide to them regarding the amount of work available. It was also agreed that it is the employee’s responsibility to inform the local manager that they want to be available for recall. The Company agreed to make this opportunity generally available based on seniority, allowing for crew make up needs. (b) When Seasonal employees are unemployed they will be considered in an unemployment pool. Should temporary work opportunities exist within their Job Family the Company will offer the work to the most senior qualified person in the unemployment pool that has expressed an interest in temporary work. The employee is not obligated to accept the temporary work if it is at a different headquarters. If they accept the assignment they report to the headquarters at that locations regular starting time. WNIDCL_PR_035(AVA) Attachment A Page 52 of 66 (c) In the example above should an employee accept temporary work at another location (other than their regular headquarters) the employee may be reassigned back to their regular headquarters should temporary work become available in their job family. In this case the assignment may be made prior to offering the work to others in the unemployment pool provided no one in the pool is more senior and qualified and also from the same headquarters. (d) When individuals are temporarily assigned work from the unemployment pool they are not to be bumped by someone else from the unemployment pool. Bumping is only administered in Reduction in Force (RIF) administrative procedures. 4. The Company will retain the employee on benefits while unemployed for up to three consecutive months. It will be the employee’s responsibility to arrange and make the appropriate Medical coverage matching payments. 5. If the employee is not returned to work by the time three months of continued benefits expires the employee will be placed on layoff status in accordance with Article 19: Section 6 and depending on their seniority may return them to work by way of the bumping process. The timely notification process for layoff and bumping and all the other terms and processes of the layoff and recall provisions of this article will also be applied. 6. Seniority, as it relates to the terms and conditions under the Labor Agreement shall be accrued by the “Regular Seasonal” employee for the time worked and the off up to the date of layoff (should the employee not be returned to work prior to benefits expiring). Seniority under layoff are according to the provisions of Article 19: Section 6, except that a Regular Seasonal Gas Journeyman is deemed a higher classification than a Regular Seasonal Crew Leadman and shall have the right to bump a Regular Seasonal Crew Leadman regardless of seniority. 7. If a regular (12 month) complement gas employee is awarded a Regular Seasonal position and their job is held, (in writing), the employee counts as satisfying a complement position as agreed to in the 85% letter. 8. Gas crews under the direction of a Regular Seasonal Crew Leadman may make repairs if seasonal journeyman or other regular gas employees are not available locally. If this occurs the work shall be under the direction of a gas journeyman or higher classification. 9. If a Regular Seasonal Crew Leadman fails to be certified as a journeyman by the Union within 4000 hour of employment in a Regular Seasonal Crew Leadman position, their employment in some other position is solely at the discretion of the Company. They can not continue as a Regular Seasonal Crew Leadman. Gas Journeyman Certification Recommendation to IBEW:  Documented 4000 hours in gas construction at Avista or other companies  Six-month minimum on Avista payroll in a gas position before going to Journeyman Status  Foreman and Manager evaluate before recommendation goes to Hall  Complete IBEW Journeyman test 10. Any disputes under the terms of the Letter of Agreement and any issue which had not been considered by the LMC when developing this Letter will be addressed to the LMC for solution. WNIDCL_PR_035(AVA) Attachment A Page 53 of 66 Picket Line Communications During the negotiations for the March 26, 1983 through March 25, 1984 Agreement, the above referenced issue was addressed and an understanding was reached. The text of that understanding was ratified by the Union membership as part of the Agreement ballot on April 15, 1983. Said text is as follows” The Company and the Union agree that the picketing of sites, where it is required that union employees of the Company perform work, is a matter of mutual concern. The Company and Union recognize that they have a joint responsibility to provide service to the public as outlined in Article 1, Section 3, of the agreement between The Washington Water Power Company and Local Union #77 of the IBEW. The Company and the Union also recognize that there is a serious concern on the part of the union employees that are required to cross a picket line in the course of the performance of the work required for the normal and usual operation of the Company business. As a matter of common interest, and to avoid unnecessary confrontation or job delays, the Company and the Union agree to the following practice: “When a Bargaining Unit employee encounters a picket line, this employee is to: 1) Identify, (if possible) the Union or Unions involved in the picket and 2) contact the immediate supervisor or next higher level of supervision to describe the general situation and receive work instructions. The supervisor will inform Employee Relations of the picket situation and Employee Relations will notify the Assistant Business Manager or the Business Manager of the Local 77, IBEW office and assist in coordinating any necessary communications.” WNIDCL_PR_035(AVA) Attachment A Page 54 of 66 March 26, 1990 LETTER OF INTENT – “CONTRACTING OUT” During the 1990 contract negotiations, the Company and Union agreed that when contracting work customarily done by Union employees of the Company to a Union contractor provisions of Article 1, Section 4 that require the contractor to pay wages and benefits substantially equal to or higher than he combined wage and benefit package paid by the Company to its employees (who would perform this work if done by the company) will be waived when the contractor pays the wages and benefits required under the Collective Bargaining Agreement covering his employees. WNIDCL_PR_035(AVA) Attachment A Page 55 of 66 December 13, 1991 LETTER OF UNDERSTANDING – CASUAL EMPLOYEES The Company may hire casual employees when required to meet peaks in the work load, for vacation relief and to temporarily replace employees on sick leave or assigned to other work. A casual employee is defined as an employee hired by the hour for a limited period of time (not to exceed six months.) These casual employees will work under the work rules of the WWP Company and may be added to Company crews. Casual employees will not have bidding rights. The retention of casual employees is at the sole discretion of the Company and termination of employment of such employees shall not be subject to review through the grievance procedure. The Spokane Office of Local 77 shall be used when possible on an informal basis to secure casual employees. Rates of pay for casual employees shall be as follows: Journeyman Lineman, Tree Trimmers, and Equipment Operators (line Equipment Man) shall be paid at the wage rates currently in effect in the agreement between Local 77 of the IBEW and the Northwest Line Constructors Chapter of NECA plus the current rates in the same agreement for 1) Health and Welfare and 2) Pension. Laborers shall be paid at the Groundman wage rate currently in effect in the agreement between Local 77 of the IBEW and the Northwest Line Constructors Chapter of NECA plus the current rates in the same agreement for1) Health and Welfare and 2) Pension. Electrical Workers shall be paid at the commercial Electrician wage rate currently in effect between Local 73 of the IBEW and the Inland Empire Chapter of NECA plus the current rates in the same agreement for 1) Health and Welfare and 2) Pension (Money Purchase Plan.) Structural Workers shall be paid at the Carpenter wage rate currently in effect in the agreement between the Washington State Council of Carpenters, Local 98 and the Inland Empire Chapter of the AGC plus the current rate in the same agreement for 1) Health and Security and 2) Pension. Mechanical Workers shall be paid at the Millwright wage rate currently in effect in the agreement between the Washington State Council of Carpenters, Local 98 and the Inland Empire Chapter of the AGC current rates in the same agreement for 1) Health and Security and 2) Pension or they shall be paid at the Boilermaker wage rate currently in effect in the agreement between Local 242 of the Boilermakers Union and the Nine Western States Employers Group plus the current rates in the same agreement for 1) Health and Welfare and 2) Pension. The rate paid will depend on the work involved. (Wage rates for other classifications of casual employees shall be determined in the same manner as those above and as mutually agreed between the Union and the Company.) To establish qualifications, casual employees will be required to resent evidence of current paid up membership in the appropriate craft union. It is understood and agreed that the above wage and benefit rates cover all wages and non-statutory benefits and that casual employees shall not be eligible for sick pay, Industrial Accident supplement, holiday pa, vacation pay, insurance coverage, pension coverage or items of a similar nature and will not accrue seniority with the Company. The union reserves the right to selectively withdraw the application of this Letter with thirty (30) days notice, from the specific Departments within the Company when it is not administered according to its intent. This letter of understanding may be terminated by either party upon ninety (90) days written notice. WNIDCL_PR_035(AVA) Attachment A Page 56 of 66 March 26, 1993 LETTER OF UNDERSTANDING – PRODUCTIVITY COMMITMENT This Letter is for the express intent of establishing experimental composite gas and electric underground crews, the purpose of which is to find new and more efficient ways to perform work. The Company and the Union recognize the need to work safely, efficiently, and economically. The parties agree to the fundamental principles listed below. The intent of these principles is to make efficient use of Company personnel, their skills, time, and Company equipment, and facilities. Whenever a specific work rule or portion thereof found elsewhere in the agreement conflicts with these principles, the principles shall be given first consideration; however, work rules, practices, and procedures used to accomplish this commitment shall not be precedent setting. The principles are: A) The job determines the number of employees needed to do it. B) Equipment/material does not determine jurisdiction, but equipment/material can help determine the number of employees needed for a specific task. C) Composite work justifies use of composite crews with the recognition that any employee at a job site may perform what they are qualified to do, provided they’re adequately trained and/or certified. In carrying out the above principles, it is understood that safe work practices shall be maintained, with the recognition that OSHA/WISHA regulations are minimum safety standards and not all inclusive. The decision and responsibility to determine crew size and composition rest solely with the Company. The Foreman of any Company crew who believes that safe work practices have been or could be materially affected by crew size and/or composition in view of the work to be done, shall immediately advise the Company of the concern and the reason. Where the physical nature of the work or safety considerations require, additional personnel shall be assigned or the work deferred. Implementation and application of these principles shall not, in and of themselves, cause or result in the layoff or demotion of a Bargaining Unit employee. Issues arising because of the implementation of these principles that cannot be resolved at the local level will be referred to the Labor/Management Committee for resolution and the specific incident work practice shall be discontinued until resolution is reached. WNIDCL_PR_035(AVA) Attachment A Page 57 of 66 March 26, 1993 LETTER OF UNDERSTANDING – CONTRACTED PLASTIC GAS WORK The intent of this Letter of Understanding is to modify the provision of Article 1 Section 4 of the Collective Bargaining Agreement between the Washington Water Power Company and Local 77 of the IBEW under certain conditions as described below and shall not be used to establish a precedent for contract work in other areas. Sec. 1 The provisions of Article 1, Section 4 will be modified when: (a) The Company contracts the installation of plastic gas mains and services of 2 inches and below including the installation of “T’s” on plastic mains up to 4 inches. These contracts shall not include welding. (b) The contractors performing work covered under this modification employ workers residing within the Company’s service territory. When contractors cannot supply a sufficient qualified work force to perform the required work, workers from outside the service area may be utilized. For purposes of determining equivalent wage and benefit provisions of Article 1, Section 4, wage rates paid by the contractor shall not be less than 85% of the hourly rates for Journeyman Gas and Crewman Gas. Payment of these hourly rates shall satisfy the equivalent wage and benefit provisions of said article. Sec. 2 (a) No work will be contracted under this modification while regular Gas employees in classifications (as shown on the attached list) are displaced or have been demoted. (b) While contracting work under this Letter the Company agrees to maintain the August 6, 1993 level of regular complement of gas employees in the Foreman, Journeyman, and Serviceman classifications (as shown on the attached list). Sec. 3. This Letter of Agreement will be in full force and effect for the duration of the current Collective Bargaining Agreement between the parties. Disputes alleging violations of the Letter will be referred to the Labor/Management Committee for resolution. If the matter is not resolved by the Labor/Management Committee, it may be referred to the grievance procedure for final resolution. Sec. 2 (a) list of gas complement positions: Position Number Foreman Gas 8 Journeyman Gas 16 Gas Serviceman 19 Crew Leader 1 Gas Pressure Controlman 2 Eq/ Operator (b. Gibson) 1 Trencher Operator (R. Peterson) 1 Sec. (b) Foreman Gas 9 Journeyman Gas 17 Gas Serviceman 19 WNIDCL_PR_035(AVA) Attachment A Page 58 of 66 April 29, 1997 Letter of Intent – Article 1.4 Administration During the 1997 contract negotiations Union and Management agreed to take steps to improve the administration of contractor wage/benefit compliance verification. Washington Water Power (WWP) will provide Local #77 with a monthly update of contractors working on WWP property. The updates will be provided on or about the first Monday of each month and shall include the name of the contractors, locations, and types of work being performed. WWP will require non-union contractors working on WWP property to send daily log sheets to WWP with invoices. Log sheets will include the names of contractor’s employees performing the work, the hours worked, the type of work being performed by each employee and their classification. Local #77, through its Representatives or Shop Stewards will have access to daily log sheets for the purpose of contractor wage/benefit compliance verification. It is agreed that all parties will respect the confidentiality of the information obtained. When questions or disputes arise regarding wage/benefit compliance the Shop Steward(s) and Area Coordinator(s) are encouraged to work together to address the issue(s) promptly and obtain the needed; who, what and where information from the contractor’s employee(s) and the contractor’s log sheets. Should additional information be needed for verification the parties may contact the Union Hall (328-8670) and/or Labor Relations (482-4570). Should the Union and Labor Relations representatives not be able to resolve the compliance verifications within two calendar weeks the issue is to be scheduled with the Labor/Management Committee. The “Intent” of our administration procedures and efforts is to promote trust and Contract compliance by assuring contractor wage and benefit requirements are being met and to resolve questions and disputes promptly. WNIDCL_PR_035(AVA) Attachment A Page 59 of 66 Letter of Understanding (LOU-6/12/03) Kettle Falls Work/Wages Modified during 2010 Labor Agreement Negotiations At Kettle Falls employees may be assigned to independently perform the duties of other classifications when trained and qualified in those duties by the respective employee(s) from that classification/craft. Employees are expected to work with other classifications/crafts and perform duties of the assigned classifications/craft when under the general guidance of a Journeyman level employee of the applicable classification/craft. With this arrangement the classifications received a 2.5% rate increase to recognize the additional value this work approach provides the Company. At the Kettle Falls Generating Station, the classification levels eligible for an additional 2.5% regular wage rate are FEO-4 or above, Jrywkr Control & Elec Tech-1 or above, and Plant Mechanic or above. The individuals would receive the 2.5% additional amount in their hourly wage for as long as these individuals continue to independently demonstrate their willingness to perform these new duties. FEO-1 through FEO-3, AO-1 through AO-3, C&E Tech-1 through C&E Tech-6, and Plant Mechanic-1 through Plant Mechanic-6 are all training positions and are not subject to these provisions. As part of their training, they may be routinely exposed to these areas and would be expected to provide assistance as a trainee normally would. The Company and the Union agree that there are benefits to the flexibility this work approach provides the Company. Personnel in these classifications (FEO-4, AO-4/Assistant CO, CO, C&E Tech, and Plant Mechanic) will have a temporary dual rate which is 102.5% of their regular rate in recognition of the benefits this flexibility provides. Per Article 17 Sec. 2 Plant Mechanics and C&E Technicians are entitled to a 107.5% compensation rate while non-maintenance employees are assigned to work under their direction. They will be allowed to choose between the 107.5% as written in Article 17 Sec. 2 or the 2.5% as proposed in this letter. This will be a onetime choice to use this rate, and they must continue to be engaged in these duties whenever normal duties allow. Otherwise, regular wages will apply. The Company and the Union expect that employees under this letter would continue to perform their duties and responsibilities of their existing positions in the same quality manner. This LOU is in force through the period covered by the existing contract, unless agreed to be extended by mutual agreement. WNIDCL_PR_035(AVA) Attachment A Page 60 of 66 Letter of Understanding (LOU) Meter Reader Breaks 2010 Contract Negotiations During the 2010 Labor Agreement negotiations both parties agreed to stipulate a variance to Labor Agreement specified lunch periods (Article 6; Section 3(b)) and acknowledged flexibility for Meter Readers in taking their meal and rest breaks. The agreement is that Meter Readers may take their 10 to 15 minute rest breaks and their 30 minute meal break per the guidance of the Washington state rules. The following Q and A provides guidance:  When must a worker get rest breaks? - Workers must be allowed a paid rest break of at least 10 minutes for each four (4) hours worked. - The rest period must be allowed no later than the end of the third hour of the shift.  When must a worker get a meal break? If more than five (5) hours are worked in a shift: - Workers must be allowed at least a 30 minute meal period. - Workers must be at least two hours into the shift before the meal time can start. - The meal time cannot start more than five (5) hours after the beginning of the shift. Using the above rules and with a 7:00 A.M. starting time the Meter Reader may take their first rest break at any time between 7:00 A.M. and before 10:00 A.M. The meal period could start as early as 9:00 A.M. and as late as noon. The afternoon rest break may be taken at any time between the start of the second four (4) hours of work and before 2:30. Examples of flexibility in scheduling rest breaks and the meal period:  Take the first break at the start of your shift.  Take the first rest break any time before 10:00 A.M. and the second rest break any time between 11:00 A.M. and 2:30 P.M.  Take the meal break any time between 9:00 A.M. and Noon.  Combine the first rest break and the meal period for a 45 minute break starting at 9:00 or up to 10:00.  Combine the meal period with the second rest break for a 45 minute break starting at 11:00 up to noon. Should there be any grievances or administrative interpretations pertaining to this LOU the issue is to be referred to the LMC for resolution. Either party may terminate this letter with 30 day advance written notification. WNIDCL_PR_035(AVA) Attachment A Page 61 of 66 Temporary Journeyman Bidding Regular Openings In the 2010 Contract negotiations the Parties agreed to adopt provisions to address situations when employees are awarded regular Journeyman (Electrical Mechanical or M/S Mechanic) positions in G&P without having completed the apprenticeship at Avista. The provisions which read as follows are to be in effect for the term of this Labor Agreement: Any employee not having completed the apprenticeship program for the craft position and awarded a regular Electrical Mechanical or M/S Mechanic Journeyman position must successfully pass the IBEW test for their craft within six (6) months. If they fail the first and a second exam their continued employment will be at the option of the Company. When awarded a regular job they will be paid at the top apprentice rate until they pass said Journeyman test. This provision is not intended to alter the administration of the apprenticeship program and certification and testing provisions of Article 18: Sections 4(a), (b), (c), and (d). Letter of Understanding – Journeyman Upgrades During the 2005 contract negotiations the parties agreed to the following LOU to enhance opportunities for Journeymen to receive development and upgrade opportunities: The Company and the Union have a common interest in the enhancement of each Journeyman’s skill level and professionalism. The Company will provide opportunities for temporary upgrades for each Journeyman as time and situations allow. Journeymen are encouraged to ask for performance feedback and Managers are asked to provide the Journeyman with how they are being perceived, both positive and negative. Upgrade opportunities are not required to be of equal duration or frequency but are intended to give each Journeyman when possible upgrade opportunities. This letter is in force through the period covered by the existing contract. WNIDCL_PR_035(AVA) Attachment A Page 62 of 66 Pre-apprentice line school instructor/leadership training program The purpose of this letter is to memorialize the agreement made between the Company and the Union as it pertains to the pre-apprentice line school instructor/leadership training program. Bargaining unit employees instructing at the Avista/Spokane Community College pre-apprentice line school and participating in the leadership program (see attached job posting example) shall continue to be members of IBEW Local No. 77 while in this temporary position and may represented by the Union for matters under the Collective Bargaining Agreement. While in this temporary position the employee may still perform work in the Bargaining Unit and may remain on the call-out list. However, the Company may limit their call-outs on school nights (Monday-Thursday). o Any and all regular craft work performed at any time, outside of the scope of pre-apprentice instruction or leadership training shall follow the regular wages, hours and working conditions of the Collective Bargaining Agreement. o The Avista/Spokane Community College pre-apprentice line school instructing and participating in the leadership program are non-bargaining unit activities and the Collective Bargaining Agreement does not extend to this work and activities. However, the Parties do agree to the following: o Hourly rate shall be at the Line Crew Foreman rate of pay. o Normal working hours shall be 7:00 am to 4:30 pm Monday through Friday. Hours may shift by mutual agreement between the affected employee and the Lead Instructor. Overtime shall be paid at the double time rate and shall apply for all hours worked in excess of 40 hours per week. o Employees awarded this temporary position(s) and traveling more than fifty (50) miles from their regular service center will be paid or provided room and board. Mileage will be paid or a company vehicle will be provided to such employees for travel at the beginning and end of the work week, to and from their regular service center and the temporary work location. However, employees will travel on their own time. The above mentioned conditions shall in no way be interpreted to have any cause or effect, or binding practice on the Collective Bargaining Agreement (wages, hours, and working conditions). These terms are solely intended for the application of this LOU. The opportunity to participate as a pre-apprentice line school instructor and the leadership program shall be afforded to all interested qualifying employees, recognizing there are limited availability of these temporary positions. No employee shall be restricted from a selection process for regular upgrade bids in bargaining unit positions based solely on not having participated in the pre-apprentice line instructor/leadership program. Stated another way is that Bargaining Unit promotions will not have a minimum qualification requirement of participation in this temporary position. The Company reserves the right to discontinue this position at its discretion. This letter’s expiration date shall run concurrent with the current Collective Bargaining Agreement. In the interim this LOU may be modified and/or deleted at any time by mutual agreement between the Union and the Company. WNIDCL_PR_035(AVA) Attachment A Page 63 of 66 WNIDCL_PR_035(AVA) Attachment A Page 64 of 66 Pre-Apprentice Groundman LOU In no case shall a Pre-Apprentice Groundman remain in this classification for more than a 24 month (2 year) period and/or two (2) apprentice try outs. Extensions beyond 12 months must be mutually agreed between the Union and the Company for temporary employees. Pre-Apprentice Groundman shall not operate equipment and/or work on or near energized lines and/or equipment at any voltage for any reason. Ten (10) feet defines on or near. Pre-Apprentice Groundman are not to be considered Apprentice Lineman where minimum crew structure issues are determined. Any issues arising as to rotation of employees in this classification for the purposes of exposure to craftsmen and scope of work shall be deferred to the Labor Management Committee. In limited situations (and at the crew foreman’s discretion and deemed qualified) “Groundman” may temporarily drive trucks one ton and over including with trailers to and from the job for limited periods of time without an upgrade (Article 5: Sections 3, (a) & (b). The expiration date of this letter shall run concurrent with the Collective Bargaining Agreement. In the interim this LOU may be modified and /or deleted at any time by mutual agreement between the Union and the Company. Letter of Understanding (LOU) Gender Neutral Job Titles The parties agree to address in LMC meetings changes to the Collective Bargaining Agreement (CBA) and Wage Exhibit whereby the Job Titles are modified so a to reflect gender neutral titles. Possible example is, Gas Crew worker versus Gas Crewman etc. The Parties will schedule the needed time in LMC so as to complete this assignment and placed in LOU’s with the intent to incorporate those changes into the CBA and Wage Exhibit with the completion of the next negotiations. WNIDCL_PR_035(AVA) Attachment A Page 65 of 66 1.5 Pension Grandfather Provisions During the 2010 contract negotiations agreement was reached to modify the pension benefit formula for new hires and rehires on and after January 1, 2011. The new pension benefit formula will be referred to as the 1.2 Pension Plan. The pension benefit formula for employees employed as of December 31, 2010 will be referred to as the 1.5 Pension Plan. The terms of the Plans will include the following formulas: 1.5 Pension Plan Formula 1.2 Pension Plan Formula Final Average Pay: Highest 36 consecutive months Same in the last 10 years Pension Multiplier: 1.5% of base pay per year of 1.2% of base pay per Benefit Service year of Benefit Service Early Retirement Discount: 4% per year for each year 5% per year for each younger than age 62 year younger than age 62 Early Retirement Add Back: For each year of service greater No add back than 15 years an early retiree provision receives a 1% add back The intent of the Parties is to grandfather individuals employed as of December 31, 2010 under the 1.5 Pension Plan and maintain the 1.5 Pension Plan on an ongoing basis. Other than changes required by federal or state law, if the Company finds it necessary to propose changes to (a) the 1.5 Pension Plan formula, (b) the benefit accrual terms or (c) other provisions of the 1.5 Pension Plan which would reduce or restrict payments to participants covered under the 1.5 Pension Plan (collectively referred to as “Proposed Changes”), the Parties agree that negotiations over the Proposed Changes to the 1.5 Pension Plan will be conducted outside of the timeframe for regular contract negotiations. Any negotiations over the 1.5 Pension Plan will be separate from and not a part of any other contract package proposal. The Company agrees and represents that it waives any right it may have to implement Proposed Changes absent compliance with the process set forth below. The Parties agree that Proposed Changes require negotiation with the Union and approval by active employees under the 1.5 Pension Plan at the time the Proposed Changes are bargained. This voting procedure is consistent and will be consistent in the future with Local 77 bylaws. This Agreement shall continue in full force and effect during the term of the 2010 -- 2014 collective bargaining agreement, any successor or new collective bargaining agreement as well as during any contract hiatus, and shall not be terminable or modified, absent mutual agreement in the manner set forth above. With the above having been stated and agreed to, the Parties further understand that should Avista file a bankruptcy Petition, this Letter Agreement would be subject to Court review and further action. The parties have entered into this Agreement after the opportunity to consult with counsel regarding all aspects of the Agreement. WNIDCL_PR_035(AVA) Attachment A Page 66 of 66