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EXHIBIT
10.88 AGREEMENT THIS
AGREEMENT, made and entered into this first day of January, 2005 by and
between CENTRAL VERMONT PUBLIC SERVICE CORPORATION, its successors or assigns
(hereinafter called the Company), and LOCAL UNION NO. 300 of the
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (hereinafter called the
Union). No provisions, terms or obligations contained herein shall be
affected, modified, altered or changed in any respect whatsoever by the sale,
conveyance, transfer, assignment, consolidation or merger of CVPS' operations
covered by the Agreement. CVPS promises that its operations covered by the
Agreement shall not be sold, conveyed, transferred or assigned to, or
consolidated or merged with, any successor without first securing an
enforceable agreement of the successor to assume CVPS' obligation under the
Agreement. CVPS
agrees to notify the Union of any proposed sale, conveyance, assignment,
transfer, consolidation or merger which affects the bargaining unit
represented by the union within a reasonable time prior to finalization of
any agreement between CVPS and the proposed buyer. Upon request, CVPS will
provide the Union with all relevant information necessary to enforce this
provision of this contract. If
CVPS (1) fails to timely notify the Union and to provide the relevant
information; or (2) fails to secure an enforceable agreement of the successor
to assume CVPS' obligations under the Agreement, CVPS shall be liable to the
Union for any and all damages sustained by the Union and the bargaining unit
employees from such failure. WHEREAS,
both the Company and the Union desire to establish an effective collective
bargaining relationship between them, to provide means for the amicable
settlement of grievances and disputes, to fix the wage scale of employees of
the Company represented by the Union, to provide reasonable and fair working
hours and conditions for such employees, to enable the Company to furnish
efficient and high grade service to the public, and to conserve and promote
the interest of both the members of the Union and the Company. NOW,
THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth, it is agreed as follows: ARTICLE
1 The
Company recognizes Local Union No. 300 of the International Brotherhood of
Electrical Workers as the sole and exclusive representative of all employees
in the Company except executive, administrative, office and clerical,
technical, plant department field personnel, sales employees, and all
supervisory employees with authority to hire, promote, discharge, discipline
or otherwise effect changes in the status of employees, or effectively to
recommend such action, for the purpose of collective bargaining with respect
to wages, hours of work and conditions of employment affecting all such
employees. The
provisions of this Agreement do not apply to employees excepted from
representation or any employees not expressly listed or classified herein. ARTICLE
2 The
Company, and each of its agents, recognize and will not interfere with the
right of employees to become members of the Union, and agree that there shall
be no discrimination, interference, restraint or coercion by the Company
against any employee because of his membership in the Union. Neither
the Company nor the Union will, in violation of any state or federal law,
discriminate against any employee in the application of the terms of this
Agreement because of race, creed, color, national origin, sex, sexual
orientation, age, disability or service in the Armed Forces during the
Vietnam Era or any disabled veteran. As used in this Agreement personal nouns
and pronouns cover both male and female employees. The
Union agrees not to coerce or intimidate any employee in any manner and
during working hours not to solicit any employee for any purpose or transact
any Union business except as otherwise provided for in this Agreement. ARTICLE
3 Section A Section B After
an employee is hired by the Company to fill a position within the bargaining
unit, the human resource's department will notify the Union Designated
Representative of such employment with a copy of said notification sent to
the Business Manager of the Union. The new employee's supervisor will ensure
that the union representative is introduced to the new employee within a
reasonable time frame. Additionally, within the employee's first week of
work, the supervisor, or company designee, will have a discussion with the
new employee and the union representative. Section C Section D Section E Full-time
bargaining unit employees in a crew or District shall not be demoted, laid
off or transferred, as a direct result of the assignment of non-bargaining unit
employees to bargaining unit work in the crew or District, for a period of
eighteen (18) months, subsequent to such assignment. A
regular bargaining unit employee that is promoted or transferred to a
non-bargaining unit job and returns to a bargaining unit job within two (2)
years or less, shall be treated as having continuous bargaining unit
seniority, as that term is used in Article 6, excluding the time he is out of
the bargaining unit. An employee, who returns after two (2) years absence
from the bargaining unit, shall be accorded continuous bargaining unit
seniority equal to the lesser of his actual bargaining unit seniority, or one
(1) day less than that of the most junior first class employee in the crew he
is returning to. Section F Section G Company
retirees who were in Union jobs at retirement remain Union members. If
re-employed by the Company for any part of a month, they are expected to
authorize a payroll deduction for Union dues. A retiree returning to work
will be provided a card by the Company authorizing the Company to deduct from
the employee's wages Union membership dues. After a retiree is re-employed by
the Company, the human resources' department will notify the Union Designated
Representative of such employment with a copy of said notification sent to
the Business Manager of the Union. It is understood that it is the Union's
responsibility to ensure that the cards authorizing payroll deductions are
completed and submitted to the Company. Section H Section I ARTICLE
4 During
the life of this Agreement, the Union agrees that it will not authorize or
approve any strike, stoppage or slowdown of work, and the Company agrees that
it will not engage in any lockout. During such period the Union agrees that
it will not engage in or induce others to engage in any strike, stoppage or
slowdown of work. The Union further agrees that it will take every reasonable
means which are within its power to induce employees engaged in any strike,
stoppage or slowdown of work in violation of this Agreement to cease the same
and to promptly resume their work, and that it will post a notice on all the
bulletin boards of the Company used for notices to the employees within the
bargaining unit, within twenty-four (24) hours after receiving written
notification from the Company of such violation, that the action of the
employees was not authorized or approved by the Union, and directing the
employee to cease any further violation of this Agreement and to promptly
resume their work. Except as provided in this paragraph, there shall be no
responsibility on the part of the Union, or its officers, representatives or
affiliates for any strike or other interruption of work. The
Union agrees that should there be any strike, stoppage or slowdown of work in
violation of this Agreement, the Company has the right to take disciplinary
action, including discharge against employees who engage therein, and the
action of the Company in disciplining such employees shall not be subject to
dispute by the Union or to grievance or arbitration under Articles 27 and 28
of this Agreement. ARTICLE
5 Each
new employee, except newly hired apprentice lineworkers, hired to fill a
regular job shall be considered on probation for a period of ninety (90)
calendar days. At the end of the ninety days, each new employee including
newly hired lineworkers, shall be evaluated by their supervisors. Newly hired
apprentice lineworkers shall be considered on probation for a period of one
hundred and eighty (180) calendar days. A
probationary employee shall have no seniority rights during this period but,
except where otherwise limited, shall be subject to all other applicable
provisions of this Agreement. If retained beyond the probationary period, the
employee shall be given the status of a regular employee and seniority shall
date from the employee's first day of continuous employment. Temporary
employees may be hired for periods not to exceed one thousand (1000) hours
inclusive of overtime during the calendar year. This includes summer,
seasonal temporary employees and students assigned for training purposes.
Such employees who do not regularly do bargaining unit work will not be
required to become bargaining unit members. However, temporary employees
hired to regularly perform bargaining unit work shall be required to join the
Union after sixty (60) days. Such employees shall, in all other respects, be
treated as temporary employees and, as such, shall have only those rights and
benefits accruing to all other temporary employees. Temporary employees as
described above are to be treated as probationary employees. If employment is
continuous for a period of more than one thousand (1000) hours, inclusive of
overtime during the calendar year, they will be given the status of regular
employees, and seniority will date from their first day of continuous
employment. It
is agreed that the Company will provide quarterly reports to the Business
Manager of the Union listing all temporary employees who are working in jobs
normally preformed by bargaining unit members. Temporary
employees will not be used for planned overtime work unless all qualified
Company Bargaining Unit employees in that district are given the opportunity
to work on that planned overtime job. The
progress of a new employee in the Apprentice classification will be appraised
by his immediate supervisors at the end of three (3) months. When progress is
sufficient for such supervisors to advance such employee from the Apprentice
classification to a higher classification, his rate of pay at the time of
such advancement shall be increased by an amount equal to one-half the
difference between the Apprentice rate and the rate of the next higher
classification in the department in which he is serving his apprenticeship.
The rate shall continue for a period of three (3) months, at the end of which
period he shall be entitled to take an examination for the next higher
classification. When the employee has taken and passed such examination he
shall receive the full rate of pay of such higher classification. It is
mutually understood and agreed that the supervisors will inform the employee
and his Unit Chairman of the results of their appraisal at the end of the
first three (3) month period. New employees, as a condition of employment,
must participate in the Apprenticeship program adopted by the Union and the
Company and successfully complete it. ARTICLE
6 Selection
of employees for promotion, demotion, or layoff because of reduction in
forces shall be based upon the following factors:
Whenever
all other factors are relatively equal, length of continuous service within
the bargaining unit shall govern. Bargaining unit seniority is defined as the
length of continuous service in a bargaining unit position that is covered by
this agreement. Continuous service shall mean uninterrupted employment with
the Company or with the Company and its predecessors. Job awarding under the
posting and bidding procedure shall be done on the basis of bargaining unit
seniority for otherwise relatively equal, qualified employees. In
the case of layoff for lack of work, department seniority will govern on a
last hired in -- first laid off basis, provided that the more senior employee
is qualified and willing to relocate at his own expense if necessary.
Department is defined as all bargaining unit employees throughout all the
districts who are in the same job progression. Department seniority is
defined as the length of continuous service within a department. The parties
agree that layoffs associated with automated meter reading will be treated as
layoffs for lack of work and be governed by this provision. During
the period of this Agreement no regular employee covered by this Agreement
with ten (10) or more years of continuous service shall be laid off because
of lack of work. The parties agree that layoffs associated with automated
meter reading will be treated as layoffs for lack of work and be governed by
this provision. Layoffs
of less than six (6) months and authorized leaves of absence, including sick
or military leave as herein defined, shall not be considered as interrupting
continuity of service. Layoffs of six (6) months or more but less than three
(3) years shall be deducted from the employee's length of continuous service
record. If an employee who is laid off is not rehired within three (3) years,
he loses all seniority and takes the status of a new employee if later
rehired. The Company shall give two (2) weeks' notice before laying off a
regular employee because of a reduction in working forces, and employees
shall give the Company two (2) weeks' notice before quitting the employ of
the Company. No
employee shall be laid off for lack of work while the Company is contracting
work outside the Company where the employee is qualified to do the work being
contracted. The Company shall endeavor to place an employee in another job in
the Company prior to layoff. When
vacancies occur or there is an increase in force after a layoff within any
particular department, employees in the department who had been laid off due
to a reduction in work forces shall, if then available, be given preference
over persons not formerly in the employ of the Company, and with respect to
former employees in a particular department, the selection among them shall
be based upon the factors set forth in this Article. Upon
written request of an employee working under this Agreement, the service
record of such employee may be checked by the Local Unit Chairman or Shop
Steward of the Union. ARTICLE
7 Section 1 Section 2
Section 3
Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 ARTICLE
8 Section A In
accordance with previous practice, a vacancy is understood to mean an opening
in a crew which is not filled forthwith by promotion of an employee in that
crew. Section B Section C If,
thirty (30) days after awarding the job under the bidding procedure, an
employee is found to be unsuited for the duties of his new position, he shall
be returned to his former job without loss of seniority and the Company must
re-post the position. If, thirty (30) days after being awarded the job under
the bidding procedure, the employee requests to return to his former
position, he shall be returned to his former position without loss of
seniority. The employee may, within the thirty (30) day period, at his
option, waive his right to return to his former position. If the employee
exercises his right to return to his former position as described above, the
Company need not re-post the position but may, at the Company's option, fill
the position with a candidate who had applied previously for that position.
The Company may exercise the option not to re-post for the position for a
period not to exceed six (6) months after the employee has returned to his
former position. Job bids submitted to the Company for a particular position
shall remain valid for six (6) months from the date of the original posting. Section D Section E Employees
who are required to take exams for change in classification may request a
Union representative be present during the exam. This representative shall be
mutually agreed to by the Union and the Company. Section F Employees
bidding into a lower classification shall not receive a wage reduction until
the first test or six (6) months whichever is first. Section G When
a Bargaining Unit employee is awarded a job through the bidding procedure and
the results of such award causes the employee to relocate or if because of
the lack of work a Bargaining Unit employee through department seniority
"bumping" causes the employee to relocate, the Company will pay for
relocation. This benefit will occur only once for each specific condition
listed above during the employee's career with the Company, unless employee
has twenty (20) years of service or more, in which event the employee will be
entitled to this benefit twice for each specific condition listed above. ARTICLE
9 Section A Whenever
an employee is required to replace, temporarily, another employee in a lower
paid job, his regular rate shall not be changed. When an employee is required
to replace, temporarily, another employee for a period of one (1) hour or
more in a higher paid job, that employee shall receive the higher rate of pay
for the entire period of such work, provided that the rate of pay of
employees who are subject to the provisions of the last paragraph of Article
5 hereof shall be no more on temporary assignments than it would be were such
assignments not temporary.
It
will be the policy and practice of the Company not to upgrade employees
unless necessary and the Company will conduct its business, to the extent
practical, so as to avoid all upgrading. A
First Class Lineworker that is upgraded to a Chief Lineworker or upgraded to
a Foreman or a Chief Lineworker upgraded to a Foreman at the start of a
scheduled work day, as defined in Article 12, and continues in that capacity
for at least one (1) hour shall continue to be paid at the upgraded rate for
the entire eight (8) hour work day. Should the work day continue past the
normal eight (8) hours than the higher rate shall be paid until the employee is
released for the day or until the end of the 24-hour period whichever occurs
first. Once the work day is completed and the employee is released, the
employee will be returned to his normal rate of pay. Should the employee be
required to return to work after he was released, he shall be paid at his
normal rate of pay. Weekend and holiday work is included in this provision if
the weekend and holiday work is identical to the normal workday. Section C The
practice of four (4) or more man crews requiring a Foreman or temporary
Foreman will continue. ARTICLE
10 No
employee shall be discharged or suspended without just cause. If an employee
is discharged or suspended and if, through the grievance procedure provided
in Article 27, it is decided that he was discharged or suspended without just
cause, then the Company shall reinstate said employee and pay compensation at
the employee's regular rate for all lost time. Any complaint under this
paragraph must be filed in writing by the employee discharged or suspended
with the President or Vice President of the Company within twenty (20) days
after suspension or discharge, or if the employee was incapacitated, then
thirty (30) days after he is physically or mentally capacitated for filing
such notice. Probationary employees as defined in Article 5 are not subject
to the terms of this Article.
ARTICLE
11 The
Company will abide by the laws of the United States with respect to the
re-employment of those of its employees who have left or will leave their
employment with the Company to enter upon service with the armed forces of
the United States. The period of absence from their duties with the Company
of those re-employed under this Article shall be computed as part of their
total term of service with the Company in determining their seniority. The
parties hereto interpret said laws as applying with equal force to all
members of said armed forces however they may have become members thereof.
The
same payment provisions as provided for in the preceding paragraph shall
apply for any employee who is a member of the National Guard and who is
called out for a National or State emergency except the maximum allowable
time under this provision shall be three (3) work days. ARTICLE
12 There
shall be maintained a working day of no more than eight (8) hours and a
working week of no more than forty (40) hours. The
normal work day shall be eight (8) consecutive hours between 7:00 a.m. and
5:00 p.m., except for shift workers. Shift
workers shall work in accordance with schedules posted every three (3) months
and arranged by the Company so far as practicable to suit the convenience of
a majority of such employees in each station or plant, such schedules to
provide for not more than five (5) work days of eight (8) hours each in any
calendar week. Shift
workers shall have two (2) regular consecutive days off in seven (7) days,
unless otherwise agreed upon by the employee involved and his immediate
supervisor. Transportation
employees and janitors shall work hours prescribed by schedules arranged by
the Company. The normal work week shall not be more than forty (40) hours and
the normal work day shall not be more than eight (8) consecutive hours in any
twenty-four (24) hours. Sundays and holidays are excluded from the work week. The
work days shall begin and end at the designated operating headquarters. When
a station operator is required to work at a station other than that to which
he is regularly assigned, and such new assignment increases his regular
travel distance, he shall be furnished transportation for such additional
travel or be compensated for it at the currently applicable mileage rate of
the Company for driving his own car, providing he complies with the rules
governing personal use authorizations. Employees required to drive their
personal car on Company business shall be compensated at the currently
applicable mileage rate. One
and one-half times the regular straight-time hourly rate shall be paid for
all hours worked in excess of eight (8) hours in any one (1) day, and for all
hours worked in excess of forty (40) hours in any one (1) calendar week,
without duplication. All work performed by an employee outside his regularly
scheduled work week shall be paid for at the overtime rate without
duplication. All
Sunday work shall be considered overtime work and shall be paid for at twice
the regular straight-time hourly rate except when performed by shift workers
whose regularly scheduled hours of work include such Sunday work. Planned
overtime work on Saturday shall be paid for at one and one-half times the
regular straight-time hourly rate for those hours worked between 6:00 A.M.
and 4:00 P.M. However, the rate of one and one-half times the regular
straight-time shall be paid only for the first eight hours of work during the
hours of 6:00 A.M. and 4:00 P.M., for all other hours worked on Saturday
twice the regular hourly straight-time rate shall be paid. Control
Center shift workers are defined as shift workers, who are regularly
scheduled to work all shifts on a rotating basis within a defined period of
less than 3 months in the Control Center.
Control
Center shift workers, who as a condition of their schedule receive one and
one-half times the regular straight time rate for a normal work shift, shall
receive 401k and pension benefits for hours used to accumulate 40 regular
hours in the work week. For
Control Center shift workers, hours worked with company approval in lieu of
posted hours at the request of, or to suit the convenience of the employee,
shall not constitute a change of schedule. There
shall be no pyramiding of regular, overtime, holiday, vacation or other
premium pay. In any event, the maximum rate of pay shall not exceed two and
one-half times the regular hourly rate of pay except that when an employee is
called in to work during his vacation period, he shall receive two (2) times
his hourly rate of pay for all hours worked. Any employee that takes a
"vacation period" five (5) days, Monday through Friday is paid
double time for any work performed Sunday through Saturday. Any employee that
takes a "vacation period" of less than five (5) days will be paid
double time for work performed during the twenty-four (24) hour calendar day
in which the eight (8) hour vacation period was scheduled. A vacation period
does not include company or floating holidays. Work,
including overtime work, except in case of emergency or service interruption,
in any specific classification, is to be assigned to those who normally do
this work during their regular working hours, and the Company agrees that it
will distribute overtime work in a department equally among the employees
within that department to the extent practicable.
Call
outs occurring on holidays or Sundays shall be paid at the larger of the
minimum, as described above, or the actual time worked computed at the
applicable rate for the time worked. Whenever an employee reports for
scheduled overtime work, he will be allowed minimum pay of three (3) hours at
one and one-half times his regular straight-time rate whether work is
performed or not unless the hours are an extension of the normal work day. Substation
construction and electrical maintenance employees who, as a requirement of
their classification, work on planned overtime, on a regular basis on Sunday
shall be compensated two (2) hours at straight-time rates at their specific
classification if the planned Sunday overtime work is cancelled, inclement
weather excepted, later than 8:00 p.m. of the Friday immediately preceding
the Sunday planned overtime work. The
minimum pay provision of three (3) hours at one and one-half times the
regular rate is not applicable to scheduled overtime that is an extension of
work either before or after the regularly scheduled work day. In
order that employees may make plans for their personal activities, the
supervisors have been instructed to give notification as far in advance as
possible (48 hours as a guideline) when there will be planned overtime work,
or when there will be duty away from home overnight. The
Company will use its best efforts to allow its employees in the Line
Department in a District to work on Saturday if line contractors have been
working in that District during that calendar week and have been performing
work that CVPS lineworkers are qualified to do, providing a suitable crew(s)
indicates a desire to do so to the immediate supervisor. If Company line
employees from another District are working in that District where line
contractors have been working during that calendar week they may also be
allowed to work on Saturday, providing a suitable crew(s) indicates a desire
to do so to the immediate supervisor. This
does not imply line employees are entitled to work Saturday if a line
contractor has been working on the system in any other District during that
calendar week. A
change of schedule for shift workers may be made by the Company upon
forty-eight (48) hours notice, except that in the event of unusual
circumstances or mutual consent, shorter notice may be given. If an employee
is required to work the new schedule during such notice period, he will be
paid during that period at time and one-half for any work performed by him
outside of his previously scheduled hours, but any portion of his previous
schedule not worked will not be paid for. ARTICLE
13
At
sometime no earlier than six months after the signing of this agreement, the
parties agree that they will evaluate the above procedure for its
effectiveness. Any changes made to the terms of the above procedure must be
made with mutual agreement and shall supersede the previous work procedure.
If, after an evaluation, no changes are made, then the above procedure will
remain in effect for an additional six months. Twelve
months after this agreement is signed, whether an interim agreement was
reached or not, the parties will again negotiate this provision. If no
agreement is reached at that time between the parties, this provision
(Article 13 Section D) will expire.
ARTICLE
14 Shift
workers who work the second shift shall be paid a premium of six percent (6%)
of the first class power system controller's hourly rate per hour for all
hours worked during such second shift. Shift workers who work the third shift
shall be paid a premium of six percent (6%) of the first class power system
controller's hourly rate per hour for all hours worked during the third
shift.
The
Union contracts specify that all shift workers are to receive premium pay for
all hours worked during the second and third shifts on regularly scheduled
shift assignments. In
order that their pay be calculated at the correct rates, the weekly time
sheets for these workers must show the number of hours worked, both regular
time and overtime, on either or both the second and third shift. The
following procedure is suggested:
ARTICLE
15 No
outside work where employees will be exposed to extremes of weather, except
of an emergency nature, shall be performed by the overhead line crews,
underground, and maintenance departments during rainy or stormy weather or
zero degrees Fahrenheit and below, or ninety degrees Fahrenheit and above. For
other classifications affected by exposure to the elements (rain and snow,
but not extremes of temperature), supervisors will attempt wherever possible
to rearrange work schedules or assignments to avoid unreasonable exposure to
extremes of weather. ARTICLE
16 In
the case of death in the immediate family an employee is allowed time off,
without loss of pay, for all scheduled work days commencing with the day of
death until end of day of the funeral. Immediate
family includes the following: wife, husband, mother, father, daughter, son,
sister, brother, mother-in-law, father-in-law, grandparent, grandchild,
sister-in-law, brother-in-law or a person who is actually a member of and
living in the employee's household through a tie of obligation or friendship.
ARTICLE
17 The following days shall be considered
holidays: New Year's
Day Thanksgiving
Day Washington's
Birthday Day
after Thanksgiving Memorial
Day Independence
Day Labor
Day Christmas
Day Last normal working day before Christmas In
order to receive the floating holidays, the time off must be mutually agreed
to between the employee and his immediate supervisor. When
a holiday falls on a normal work day within an employee's vacation period, he
will be given another day off or one day's pay in lieu thereof, at the option
of the employee. An
employee whose regular day off falls on a holiday shall not be entitled to an
additional day off. All
regular employees covered by this Agreement shall receive straight-time pay
for the foregoing holidays whether or not they fall within their regular work
week. All
regular employees who are assigned to work on holidays shall receive, in
addition to the holiday pay above provided, one and one-half times the
regular hourly rates of pay for hours actually worked within their normal
working day, and two and one-half times the regular hourly rates of pay for
hours actually worked outside their normal working day. However, an employee
may elect to be paid at one and one-half times the regular rate of pay and
receive for each working hour an additional hour of vacation in lieu of
holiday pay which may be used according to the principles in Article 18 of
this Agreement. There will be no splitting of hours under this option. If an
employee takes this election, any hours worked over eight hours will be paid
at two and one-half the regular rates of pay. This benefit shall be applied
to December 25th. Should an employee not make this election, that employee
shall be paid as described above. It
is provided, however, that shift workers, a major portion of whose regularly
scheduled work day falls in an overtime day, shall be paid for such work as
though all of it fell in the overtime day; and shift workers, a minor portion
of whose regularly scheduled work day falls in an overtime day, shall be paid
for such work day as though none of it fell in the overtime day. Employees
who are classified as shift workers and who as a condition of employment are
required to cover work shifts seven (7) days per week, twenty-four (24) hours
per day for 33% of the year or more, shall be granted one (1) floating
holiday associated with such work requirement to be taken prior to December
31 contingent upon mutual agreement between the employee and his immediate
supervisor. If
a Company celebrated holiday falls on a Saturday, it will be celebrated on
and all holiday benefits will be applied to the Friday before. If
the holiday falls on Sunday, it will be celebrated on and all holiday
benefits applied to the Monday after. New regular employees will earn Floating
Holidays prorated based on date of hire: January 1 thru February - 4 Floating
Holidays Any
employee whose regular work day falls on Easter Sunday shall be compensated
at double time. ARTICLE
18 Regular
employees will be allowed the following vacation periods annually with pay at
regular straight-time rates: Section A
All
regular employees who will have completed twenty (20) years or more of
continuous service on the anniversary date of their employment will be
granted five (5) weeks vacation during that calendar year, for which two
hundred (200) hours vacation pay at regular straight-time rates will be
allowed. Section B Section C
Employees
should be requested to schedule their vacation as far in advance as possible.
Scheduling well in advance is their best way of obtaining the vacation
periods they most desire. It
may be necessary during busy seasons, or during favorite vacation periods
such as deer season, Christmas, etc., to limit the number of employees on
vacation at any one time so that adequate crew coverage is maintained. Employees
who are discharged for reasons other than lack of work shall not be entitled
to a vacation or to vacation pay. ARTICLE
19 Employees
who work overtime between 10:00 P.M. and 5:00 A.M. will be entitled to one
hour rest time during the normal work hours for each hour worked (in minimum
half hour increments). If an employee earns seven (7) hours of rest time due
to work performed between 10:00 P.M. and 5:00 A.M., he shall be given eight
(8) hours of rest time. Employees
who worked together may, by mutual agreement, take their rest time at the end
rather than the beginning of the normal workday. If employees working
together cannot mutually agree when to take their rest time, then the rest
time shall be taken at the beginning of the work day unless approval for
taking the rest time separately is given by the employees' supervisor or
central scheduling. When
an employee has earned rest time, it will be taken, unless management
requests that work be performed in lieu of the rest time and the employee
agrees. In this situation, the employee will be paid for the rest time worked
at their normal hourly rate plus one-half times that rate (rate applied to
rest time during normal work day).
The
normal work day, any hours worked outside the normal work day, rest time, and
any break of less than two (2) hours shall count for purposes of accumulating
fifteen (15) consecutive hours. After fifteen (15) consecutive hours of work,
inclusive of meal periods, twice the regular straight-time rates will apply.
This rate shall continue until released from duty for ten consecutive hours. Voluntary
return by an employee shall be construed as if that employee had fulfilled
the ten (10) consecutive hours. Time
shall continue to be counted until the employee has been relieved from work
for a period of at least two (2) consecutive hours exclusive of rest time
without a request from the Company to return to work. Following any such two
(2) consecutive hour period, the accumulated hours will return to zero (0). Time
worked under this provision will be computed from the time of receipt of each
call out, and unless the time extends into the employee's scheduled work time,
until employee returns to operating headquarters and goes out of service.
There will be no pay for time not actually worked under this provision. If
the employee is entitled to a meal, the company will pay the meal allowance
but not the time to consume it. ARTICLE
20 Employees
who have been employed by the Company continuously for a period of six (6)
months shall be entitled to the following benefits when sick: up to four (4)
weeks' straight-time pay, and there afterward sixty percent (60%) pay at
straight-time rates upon the basis of one (1) month for each year of
continuous service for each non-related sickness. Employees who have not used
sick time for one calendar year gain an additional week of straight-time pay
(instead of sixty percent (60%) pay) at straight-time rates. This will
accumulate up to an additional three months at one hundred percent (100%)
instead of sixty percent (60%) during an employee's career. The benefit will
be earned on a quarterly basis. Once earned the increased benefit will stay
with the employee for the duration of his employment. Provisions of Long Term
Disability insurance shall only be available to employees subsequent to the
full utilization of all sick pay benefits provided for in this Article.
Employees,
while receiving Worker's Compensation payments following industrial accidents
arising out of and in the course of their employment with this Company will
be allowed, in addition thereto, the difference between such payments and the
amounts they would have received under the above sick benefit provision after
the first week of sickness if their disabilities had resulted from sickness
instead of industrial accidents. They shall also receive one (1) week's
straight-time pay for the first week following the date of the accident.
Notwithstanding the foregoing, where, in the opinion of the Company,
industrial accidents arise out of or are contributed to by negligence of the
injured parties, it may withhold the benefit of the provisions of this
paragraph in whole or in part. If,
in the opinion of the Company, for any reason any case is deserving of
special treatment, the Company may make, but cannot be required to make,
payments of compensation in excess of those provided for in this Article. ARTICLE
21 Unless
changed by mutual agreement, the Medical Plans (EPP and PPO), Dental Plan and
all other employee benefit programs shall remain in effect for the duration
of the Agreement. It
is understood and agreed that employees shall pay weekly pre-tax premiums of
$40 effective January 2, 2005, $46 effective January 1, 2006, $52 effective
December 31, 2006 and $59 effective December 30, 2007 for the above Medical
Plans for individual employees, their spouses and qualified dependents. In
addition to the Medical Plans outlined above, Union employees may also choose
to participate in the PPO2 plan offered. Union employees who choose to
participate in the PPO2 plan, shall pay weekly pre-tax premiums of $21
effective January 2, 2005, $24 effective January 1, 2006, $27 effective
December 31, 2006 and $30.50 effective December 30, 2007. If
an employee can prove they and their dependents are covered under their
spouse's health care plan, that employee may choose to 'opt-out' of the
Company's medical plan and receive $15/week (taxable) and pay no premiums.
The employee must prove coverage annually. Employees may opt back into the
plan at any time, given a change in family status, with written notice to the
Company. An employee must opt back into the CVPS plan if not covered under
their spouse's plan. CVPS employees who are eligible to and do 'opt-out,' may
elect to continue with the Company dental program at the weekly rate of
$2.20. If both spouses are employed at CVPS, the one who was hired first will
be the insured and pay the premiums, these employees are not eligible for the
'opt-out' premium, nor are they permitted to stack their dental coverage. Sickness
and accident benefits, including those under the Medical and the Dental
Plans, vacation benefits, and holiday benefits shall all be without
duplication of each other. It
has been the Company's goal to promote the health and wellness of its
employees. In order to include the union in meeting this goal, the Company
agrees to have a Rutland based union selected employee actively participate
in the Company's wellness planning group. The
Company agrees that the present pension plan will remain in effect during the
life of this Agreement unless changed by mutual agreement. ARTICLE
22 An
employee who is called out for work before the scheduled work day or shift
will be entitled to a breakfast and lunch allowance providing time has not
permitted him to obtain a meal at home before the call out. If an employee is
required to report to work, on a prearranged basis, one and one-half hours
before the regular starting time of the normal work day, the employee is
entitled to a breakfast allowance. The Company shall also allow a dinner
allowance if the employee is required to work one (1) hour beyond his normal
work day, provided that this hour extends the work day beyond 5:30 P.M. Transportation
employees and all shift workers working the second or third shift and
that are required to work one hour beyond the end of their scheduled shift
will be provided a dinner allowance. If
a meal allowance is given in the above listed circumstances, the employee
shall be given a reasonable amount of time in which to consume a meal. Any
employee who is required to work and is not provided the opportunity for a
meal between the hours of 11:00 A.M. and 2:00 P.M. shall be granted a lunch
allowance. The
scheduled meal allowance is as follows: Breakfast, ten dollars ($10); Lunch,
fifteen dollars ($15); and Dinner, thirty-five dollars ($35). During
extended outage and emergency situations, the Company may at its discretion,
cancel the above meal allowance. During these cases, transportation will be
furnished when required to and from a nearby place where employees can be
provided with suitable quarters for eating their meal without lost time or
cost to employees. Where
necessary for employees to work outside the area of their permanent operation
headquarters on an overnight assignment, the Company will pay actual living
and travel expenses. When
an employee is working late in the evening for any planned overtime work such
as weekends or nights, we should not pay for time to consume a meal.
For unscheduled work performed on weekends, holidays, and shift workers'
scheduled time-off, the following meal provisions shall be applied: Breakfast:
Any employee who is called out for work and works at least one hour between
the hours of 6:00 A.M. and 9:00 A.M. shall be granted a breakfast allowance. Lunch
(outside regular work hours): Any employee who is called out for work and
works at least one hour between the hours of 11:00 A.M. and 2:00 P.M. shall
be granted a lunch allowance. Dinner:
Any employee who is called out for work and works at least one hour between
the hours of 5:00 P.M. and 7:00 P.M. shall be granted a dinner allowance. On
emergency overtime work which has gone on for several hours, or has gone by a
meal hour, we are not to quibble over stopping to eat. For example, if the
emergency is still on or is apt to continue after a short breather, then the
man should get his meal allowance as provided above and the time it takes to
eat a meal which we expect would be less than one half hour. See Memorandum of Understanding for
additional meal provision. ARTICLE
23 The
Company shall make reasonable provision for the safety and health of its
employees during the hours of their employment. The Union agrees that members
will observe all safety rules. Present policy of the Company in providing
protective wearing apparel and devices will be continued. Representatives
of the Company and the Union shall meet from time to time at the request of
either party to discuss such regulations. All
aspects of "Gloving 12.5 kV Procedure" shall be mutually agreed to
by the Company and the Union. It
is a condition of employment that employees observe and adhere to the formal
Safety Rules adopted by the Company. If
a qualified employee encounters a job which, because of the circumstances
surrounding the job, cannot, in the qualified employee's judgment, be safely
performed as instructed, he should immediately review the situation with his
supervisor. If this is not practical, the employee in charge of the job shall
be fully responsible for taking whatever safety precautions may be required. Employees
are expected to work safely and to take precautions to protect themselves and
other employees at all times, as it is impractical to cover all situations in
a formal Safety Manual. The
Company will review at reasonable intervals its present practice relating to
periodic crew meetings and in areas where meetings are not being held,
implement a procedure to see that they are held. It is intended this will
occur on a monthly basis. Under
normal conditions, Company line employees will not be required to work with
contract line crews. However, if it is necessary to employ contact crews in
conjunction with regular employees on specific jobs, the contractor shall
observe Company safety rules then in effect. ARTICLE
24 The
Company will continue its present policy on tools. In addition, electrical
maintenance and construction department electricians' tools that are commonly
used by everyone within that department, and specialty tools that are not
common to that craft or a classification, will be purchased and paid for by
the Company. The
Company will provide insurance for garage employees' personal tools while
such tools are on Company property. Hydro
Maintenance Department employees, hydro station operators and other hydro employees
that are required to work inside pipelines as a condition of employment, and
are on the payroll as of June 1 of each year shall be given a two hundred and
fifty dollar ($250) clothing allowance. This two hundred and fifty dollar
($250) payment will be discontinued for those employees the Company is
providing uniforms for and reinstated should this practice be discontinued.
These employees may elect either the payment or uniforms. The employee's
election will remain in effect for a minimum of one year. The Hydro
Department will provide payroll a list of recipients of this payment no later
than May 1 of each year. This allowance is to be paid to the affected
employees each year for the pay period that includes June 1. ARTICLE
25 Employees
attending a meeting with the President or other officers or agents of the
Company on Union business shall not lose pay as a result of such attendance. The
Company will grant a leave of absence for a maximum of three (3) years, upon
request by the Union, to one (1) bargaining unit employee who has been duly
elected or appointed to a full time Union position. Such
request shall not be denied by the Company unless the Company is unreasonably
affected. Arrangements for the extension of benefits, if any, seniority, and
other matters incidental to the leave of absence shall be arranged between
the Union and the Company. It
is understood that the Local Union shall make arrangements for, and pay for,
any cost associated with any employee benefits continued for the benefit of
the employee being on leave of absence. When
a member of the Union is delegated or elected to transact business or matters
pertaining to the Union locally or nationally, he shall be granted such leave
of absence without pay as may be necessary, provided such leave of absence
shall not exceed one (1) week and provided that same can be given without
unreasonable interference with the conduct of the Company's business. During the contract labor negotiations, all employees elected by the Union to participate in the bargaining sessions shall be relieved of their normal duties during such bargaining sessions, and employees working the second shift shall be relieved of their duties on the day the bargaining session takes place; employees working on the third shift shall b |