Exhibit 10(Q)
Plant Agreement
Table of Contents
Item Page
Preface 2
ARTICLES
Article No. 1: Introduction/Continuity of Service/Non-Discrimination 2
Article No. 2: Union Security 4
Article No. 3: Exclusive Functions of Management 4
Article No. 4: Union Activity 4
Article No. 5: Status of Employees 6
Article No. 6: Working Hours and Rates of Pay 8
Article No. 7: Seniority and Promotions 23
Article No. 8: Grievance Procedure 27
Article No. 9: Working Safety Committee 29
Article No. 10: Inclement Weather Practice 30
Article No. 11: Holidays 31
Article No. 12: Vacations 33
Article No. 13: Sick Leave 36
Article No. 14: Employee Benefit Plans 38
Article No. 15: Leaves of Absence 49
Article No. 16: Working Rules 51
Article No. 17: Term of Agreement 55
EXHIBITS
Exhibit I: Classification Descriptions 57
Exhibit II: Schedule of Wage Rates 62
Exhibit III: Check Off Authorization 65
Exhibit IV: Sick Leave Agreement 66
Exhibit V: Temporary Layoff Provisions 67
LETTERS OF UNDERSTANDING
Letter of Understanding - Article 14.4 69
Letter of Understanding: Discipline Relative to Tardiness and Attendance 71
Letter of Understanding: Working Foreman Classification 72
Letter of Understanding: Labor/Management Meetings 73
Letter of Understanding: Vacation/Sick Leave Bonus 74
Letter of Understanding: Organization Study 75
Letter of Understanding: Work/Family Issues 76
Letter of Understanding: Districts 77
Letter of Understanding: Non-Bid Classifications 78
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Page 1 of 78
GENERATION ONLY AGREEMENT
This agreement, made and entered into as of February 1, 1998, by and between
Nevada Power Company, a corporation, hereinafter referred to as the Company, and
Local Union No. 396 of the International Brotherhood of Electrical Workers, an
affiliate of the A.F.L./C.I.O., hereinafter referred to as the Union.
WITNESSETH
Whereas, for the purpose of facilitating the peaceful adjustments of differences
that may arise from time to time between the parties hereto, and to promote
harmony and efficiency to the end that the Company, the Union and the general
public may mutually benefit.
Now therefore, in consideration of the provisions, covenants and conditions
herein contained, the parties hereto agree as follows, to-wit:
ARTICLE NO. 1
Introduction/Continuity of Service/Non-Discrimination
1.1 INTRODUCTION: The Company, in Clark and Nye counties, in the state of
Nevada, a public utility engaged in the service of generating, hereby
recognizes Local Union No. 396 of the International Brotherhood of
Electrical Workers, A.F.L./C.I.O., as the exclusive bargaining agent
for its employees who are employed in the Generation organization,
excluding all clerical, supervisory, confidential and professional
employees within the meaning of the National Labor Relations Act,
such covered employees more specifically defined in Exhibit I
(CLASSIFICATION DESCRIPTIONS), for the purpose of collective
bargaining with respect to rates of pay, wages, hours of employment
and other conditions of employment which may be subject to collective
bargaining.
1.2 CONTINUITY OF SERVICE: It is mutually recognized that the interest of
the Company, the Union and the welfare of the general public,
requires the continuous rendering of service by the Company, and the
parties agree that recognition of such obligations of continuous
service is imposed upon both the Company and its employees.
The Company, to facilitate the continuous performance of such
service, agrees to meet with the Business Manager of the Union or his
designated representative in reference to any matter within the scope
of the Agreement, and agrees that it will cooperate with the Union in
its efforts to promote harmony and efficiency among all of the
employees of the Company.
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The Union agrees that the employees covered by this Agreement, will
not be called upon or permitted to cease or abstain from the
continuous performance of the duties pertaining to the positions held
by them with the Company. The Company agrees to do nothing to provoke
interruption of or to prevent such continuity of performance as
required in the normal and usual operations of the Company's
property. It is mutually agreed that any difference that may arise
between the above parties shall be settled in the manner hereinafter
provided.
The Union agrees that the employees covered by this agreement will
individually and collectively perform loyal and efficient work and
service and that they will cooperate in promoting and advancing the
welfare of the Company and the protection of its service to the
public at all times.
The Union agrees that there will be no strikes, stoppages of work or
slowdowns of the Company's operations during the term of this
Agreement, and the Company agrees that there will be no lockouts
during the term of this Agreement.
1.3 NON-DISCRIMINATION: Neither the Company nor the Union will
discriminate against any employee in the application of the terms of
this agreement because of race, religion, sex, age, color, national
origin, veteran status, disability or any other legally protected
status. It is understood that job titles used in this agreement which
indicate the male gender are not intended to restrict classifications
to employees of the male gender.
1.4 LAWS: It is understood and agreed that if mandatory laws or
government rules or regulations applicable to or in conflict with any
of the provisions of this Agreement become effective and binding upon
the parties, such conflicting provisions of this Agreement shall be
subject to modification as required.
1.5 AMENDMENT: This Agreement shall be subject to amendment at any time
by mutual consent of the parties. Such amendment must be written,
state the effective date of the amendment, and be executed in the
same manner as this Agreement.
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ARTICLE NO. 2
Union Security
2.1 UNION DUES: The Company shall deduct money from Union employees'
wages and pay it to the proper officers of the Union, provided the
employee who is a member of the Union individually and voluntarily
authorized such deduction to be made. The form of the check-off
authorization is attached to this Agreement as Exhibit III (CHECK OFF
AUTHORIZATION). The Union shall hold the Company free and harmless
from any claims or damages from any party whatsoever for making
deductions and shall indemnify the Company against any and all claims
or damages which may originate from the dues check-off process.
2.2 NEW EMPLOYEES: The Company agrees to notify the Union of the name and
address of new employees within thirty (30) days of their date of
hire.
ARTICLE NO. 3
Exclusive Functions of Management
3.1 BUSINESS MANAGEMENT: The supervision and control of all operations
and the direction of all working forces, including the right to hire,
to suspend or discharge for proper cause, to transfer employees, to
relieve employees from duty because of lack of work and for other
legitimate reasons, is vested exclusively in the Company.
3.2 DISCIPLINE: The Company retains the right to exercise discipline in
the interest of good service and the proper conduct of its business,
provided an employee who has been laid off, discharged, or
disciplined shall be advised of the reason or reasons for such action
and shall be allowed suitable representation, if so desired, at the
time such reasons are provided. Furthermore, should the employee or
the Union feel that the terms or conditions of this Agreement have
been violated, either shall be entitled to grieve such action in
accordance with the provisions set forth in Article 8 (GRIEVANCE
PROCEDURE) of the Agreement.
ARTICLE NO. 4
Union Activity
4.1 UNION BUSINESS: An employee who requests time off for Union
activities, in addition to regular time off, shall be granted such
request if such time off will not inconvenience the operations of the
Company or increase its operating expenses; provided further, that
such employee shall receive no compensation from the Company for such
time off.
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4.2 BULLETIN BOARDS: The Company agrees to permit the Union to use
reasonable space for the purpose of posting officially signed Union
bulletins upon the bulletin boards which are furnished by the
Company.
4.3 CONTRACTING WORK: In case the Company should contract any type of
work customarily performed by bargaining unit employees, the Company
shall, before awarding such contract, advise the contractor that the
work is to be done under not less than the terms and conditions
pertaining to hours and wages set forth in this Agreement. Upon award
of such contract, the Company shall notify the Union of such
contractor and the nature of the work being performed.
The Company will not contract any of its construction and maintenance
work while having available competent employees to do such work. In
the event the Company has employees on layoff with recall rights, the
Company will not establish contracts for work that is customarily
performed by such bargaining unit employees unless the affected
employees are not qualified to perform the work (as defined in
Article 5.4 [LAYOFF PROVISIONS]), or the work requires the use of
special construction or other equipment which the Company does not
possess. If the Company has employees in layoff status who are
qualified to perform work which the Company intends to contract, the
Company may recall these employees for the term of the contracted
work without creating the liability for an additional severance in
accordance with Article 5 (STATUS OF EMPLOYEES) of this agreement.
4.4 UNION/STEWARD BUSINESS: The Union steward shall, upon request to the
supervisor, be allowed reasonable time during regular working hours,
without loss of pay, to attend to Union matters on the job, provided
such time is not used for solicitation of membership or collection of
dues, and does not interfere with regular work schedules.
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ARTICLE NO. 5
STATUS OF EMPLOYEES
5.1 STATUS DESIGNATION: Employees shall be designated as temporary,
probationary, or regular.
TEMPORARY: A temporary employee is one who is hired to fill a
position for which there is temporary authorization. After working
1,040 straight time hours, a temporary employee shall be eligible for
group life and medical insurance (excluding dental and vision),
covering the employee only. If a temporary employee is offered and
accepts a regular position, an adjusted date of hire, crediting
actual time worked, will be calculated. If the temporary employee has
worked at least 1,040 straight time hours, without cumulative
absences of thirty (30) days or more at the time the regular position
is awarded, the employee shall be eligible for all applicable
benefits on the effective date of the award.
If a temporary employee is offered and accepts a regular position
that the employee has not previously occupied while at the Company,
the employee must complete a probationary period to evaluate work
performance. If, however, the employee has previously occupied the
position being awarded, the employee shall receive credit toward the
probationary period for actual time worked in that position.
If an employee works at least 1,500 hours during a twelve (12) month
period in the same temporary position, the position will become
authorized and the employee will be offered regular status in that
position.
PROBATIONARY: A probationary employee is one who is hired to fill an
authorized position. After six (6) months of employment, a
probationary employee shall be eligible for all benefits in
accordance with this agreement.
During the probationary period, the employee may be terminated at the
discretion of the Company as long as the termination is not
discriminatory and is not for the purpose of keeping jobs filled with
probationary employees. Probationary employees who have not
satisfactorily completed a formal departmental training and appraisal
program may, at the discretion of supervision, have their
probationary period extended by up to three (3) months. Supervisors
shall not extend the probationary period if they do not have a formal
training and appraisal program in place or have failed to use those
programs. No later than two (2) weeks prior to the completion of the
first six (6) months, the supervisor must notify the employee and the
Union Business Manager in writing, if the probationary period will be
extended.
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In computing the effective date of a change in status from a
probationary to regular employee, interruptions in employment, caused
by the following circumstances, shall not be credited:
. Discharge
. Resignation
. Absence for more than an accumulative total of thirty
(30) days due to:
. Lay off o Sickness
. Industrial disability
. Other causes.
If the employee's combined absences, during the probationary period,
are for a period greater than the employee's combined actual work
time, the employee shall be terminated. The transfer of a
probationary employee from one job to another without interruption of
work time shall not be considered a break in employment. At the end
of the probationary period as defined above, the employee will become
a regular employee and will rank in seniority from the original date
of hire.
REGULAR: A regular employee is one who has completed a probationary
period, is benefit eligible, and is in an authorized position.
5.2 APPLICATION REFERRAL: The Company recognizes the Union as a valuable
source for employment referrals, due to the mutual interest in the
profitability of the Company. As such, when additional employees are
needed to do work which comes under this agreement, the Company will
indicate its requirements, relative to knowledge, skills, and
abilities, and will give the Union an equal opportunity to refer
applicants for employment. The Company retains the right to evaluate
each candidate and make the final hiring decision.
5.3 TEMPORARY LAYOFF PROVISIONS: In recognition of the competitive nature
of the utility business, innovative solutions are required when
unforeseen challenges present themselves. Accordingly, there may be
operational circumstances that would permit the temporary layoff of
employees for short-term periods of time, out of line of seniority,
on a voluntary basis. These provisions are detailed in Exhibit V
(TEMPORARY LAYOFF PROVISIONS) of this agreement.
5.4 LAYOFF PROVISIONS:
DEFINITION OF QUALIFIED: For purposes of defining "qualified", as
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used in this Article, the definition shall be that an employee is
qualified to perform any position, in either collective bargaining
agreement, which the employee has previously occupied at the Company
or any position that is an equal or lower classification which has
been identified as being part of the employee's current
trade/department progression. The progressions are detailed in a
memorandum of understanding that is held by both the Company and the
Union.
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NOTIFICATION: If it becomes necessary for the Company to layoff
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regular employees due to lack of work, the Company shall give
affected employees as much notice as possible; but in no event shall
employees receive less than fourteen (14) calendar days notice of
layoff. Where temporary and probationary employees are involved, no
notice of layoff is required.
SENIORITY: Layoff in all cases due to lack of work will be determined
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by Company seniority within the classification affected by the
layoff. If two (2) or more employees have the same Company seniority
date, the highest score on the most recent performance appraisal will
break the tie. Employees who are to be laid-off will be permitted to
displace a less senior person in any classification for which they
are qualified.
RETURN TO BARGAINING UNIT: A member of the bargaining unit being
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transferred to a non-represented position shall retain Company
seniority for all purposes including layoff, if the employee is
returned to the bargaining unit within one (1) year of the initial
transfer.
FOUR (4) YEAR QUALIFIER: Any MPAT employee who accepts a position in
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the bargaining unit will establish a new date of seniority for the
purpose of future layoffs, except as defined above. This date will
reflect the day in which these employees accept such a position and
will be effective for four (4) years. If there is a reduction in
classifications in the bargaining unit, these employees will use the
above mentioned date as their seniority date for the purpose of this
reduction or layoff. After four (4) years of service in the
bargaining unit, any employee impacted by this language, will be
credited with all Company seniority for the purposes of reduction in
classification or layoff.
RECALL: In the event of a recall, the Company shall provide
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notification to affected employees by certified mail to their address
of record. Such employees must keep the Company informed of the
address where they can be reached. Recalled employees must report to
work no later than fourteen (14) calendar days from the date the
certified letter was mailed. Employees who do not report to work
within fourteen (14) days from the date the letter was mailed will be
considered a voluntary quit. Employees will only be considered for
recall to the classification from which they were laid-off, unless
they make a written application within fourteen (14) calendar days
from the date of notification of layoff, to human resources, for any
other position for which they are qualified. Applications that do not
meet this time frame will only be considered after all timely
applications have been honored. Employees must submit a written
notice to human resources to rescind their application for
consideration for previously held positions prior to formal
notification of return to work. Any employee who refuses a recall to
any requested position will be considered a voluntary quit and will
waive all recall rights to any other position. Employees who have
displaced a less senior person in any classification shall be given
an offer to return to their former jobs if the vacancy is in their
former classification. Recall rights shall cease on any layoff in
excess of twelve (12) months.
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TEMPORARY RECALL: In the event of a temporary recall, in accordance
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with Article 4.3 (CONTRACTING WORK), an employee may decline such
temporary recall without waiving their rights for recall to a regular
position, provided the temporary assignment is for less than ninety
(90) days. If an employee accepts a temporary assignment, all
benefits will be reinstated upon return to work and they will have
recall rights for one (1) year from the date of any subsequent
layoff. This right does not expire until the employee has returned to
work or refused an offer to return to work. Any subsequent layoff
will not create a liability for an additional severance benefit in
accordance with this Article.
EMPLOYMENT STATUS: Any regular employee who is laid-off due to lack
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of work has a right to replace any temporary employee within (5)
working days after notification of layoff, provided the regular
employee is qualified to perform the duties of the position filled by
the temporary employee. If a regular employee is laid-off because of
lack of work and is subsequently offered and accepts the first recall
for employment within one (1) year after layoff, the employee shall
resume the status of regular employee and shall be credited with
Company seniority previously accrued. Employees who are recalled in a
classification previously held, or for one in which they are
qualified, will not be required to serve another probationary period
and will be eligible for benefits immediately. However, employees who
leave the service of the Company due to voluntary severance in
accordance with this Article, or layoff and who are re-hired after
one (1) year from the date of layoff or severance shall not be
credited with Company seniority at the time of re-employment and
shall be required to serve a new probationary period. Upon completion
of five (5) years of subsequent service, an adjusted date of hire
will be calculated crediting actual time worked with the Company.
This date will be used for the purposes of Company seniority and all
related benefits.
5.5 SEVERANCE: Employees who have been notified of a layoff or a
reduction in their classification which would cause them to be
displaced from that classification may be eligible for severance
benefits. The following define the severance benefit:
ELIGIBILITY: Employees must have completed one (1) year of service
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to be eligible for the minimum severance benefit.
BENEFIT AMOUNT: Employees will be paid forty (40) hours at their
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straight time rate for each year of service up to a maximum of three
hundred twenty (320) hours. If eligible employees have completed nine
(9) months of service since their most recent anniversary date, they
will be considered to have completed an additional year of service
for the purpose of calculating this benefit.
If an employee exercises the right to displace a less-senior employee
who occupies a lower paying classification and is laid-off from that
classification within sixty (60) calendar days of this assignment,
the severance benefit will be calculated at the rate of the
employee's original classification.
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MEDICAL COVERAGE: Employees' current medical coverage, excluding
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dental and vision, will be continued at the applicable employee
contribution for three (3) months following the effective date of
layoff or severance.
EMPLOYMENT STATUS: Employees who accept severance in lieu of bumping,
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waive any recall rights and will be considered a voluntary quit with
the payment of the appropriate severance benefit. Employees presented
this option must notify human resources of their decision within
forty-eight (48) hours of the notification of layoff. Employees who
do not have the option of bumping, and accept severance benefits,
will retain recall rights for one (1) year from the date of layoff.
Employees may agree in writing to waive their bumping rights as well
as the appropriate severance benefit, thereby maintaining recall
rights to the classification from which they were laid-off for a
period of one (1) year. This decision must be made at the time of the
initial notification of layoff and, once submitted, is irrevocable.
Employees who have accepted severance and are subsequently recalled,
will use that recall date for the purposes of calculating any
severance benefit in the future.
PAYMENT: Any severance payment will be paid within five (5) calendar
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days of the date of layoff.
ARTICLE NO. 6
WORKING HOURS AND RATES OF PAY
6.1 DEFINITIONS:
SHIFT: Hours of work.
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SCHEDULE: Days and hours of work.
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WORK DAY: Eight (8) hours in any one (1) day shall constitute the
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work day; however the Company and Union may enter into agreements
which establish alternative work schedules involving work days which
have more than eight hours.
WORK WEEK: Five (5) consecutive work days, regularly scheduled
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between the hours of 12:01 am, Monday, and 12:00 midnight, Sunday,
shall constitute the basic work week. The basic work week of regular
day-shift employees shall be from Monday through Friday and reflect a
schedule of forty (40) hours of straight-time work.
REGULAR DAYS OFF: Days off shall be consecutive, however, they may
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not be within the basic work week.
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REGULAR DAY-SHIFT EMPLOYEES: Regular day shift employees are those
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employees who are assigned to shifts which are established on a
Monday through Friday schedule and work a shift which begins between
the hours of 7:00 am and 11:59 am. When mutually agreed to by the
Union and Company, the day shift starting time may be scheduled as
early as 6:00 am to take advantage of daylight hours.
SEVEN DAY COVERAGE: A schedule of fixed or rotating shifts that cover
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seven (7) days per week, twenty-four (24) hours per day.
SHIFT EMPLOYEES: Shift employees are all employees not defined as
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regular day-shift employees. This includes employees assigned to
fixed shifts and seven (7) day coverage.
SHIFT DESIGNATIONS: No shift periods shall start between the hours of
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12:01 am and 5:59 am, unless mutually agreed to by memorandum of
understanding between the Company and the Union. The follow
designations shall apply:
FIRST SHIFT: All eight (8) hour shift periods regularly
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scheduled to begin at 6:00 a.m., or thereafter but before
12:00 noon shall be designated as first shifts.
SECOND SHIFT: All eight (8) hour shift periods regularly
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scheduled to begin at 12:00 noon or thereafter but before 8:00
p.m., shall be designated as second shifts.
THIRD SHIFT: All eight (8) hour shift periods regularly
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scheduled to begin at 8:00 p.m., or thereafter but before
12:01 a.m., shall be designated as third shifts.
SHIFT DIFFERENTIAL: An incremental increase for working on a second
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or third shift.
SHIFT PREMIUM: An incremental increase for all hours worked outside
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of the employee's previous schedule for the first five (5) working
days of a newly established permanent, temporary or emergency
schedule.
SHORT CHANGE: A transfer from one established schedule to another
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with only one shift off between schedules.
COMPANY HEADQUARTERS: Any headquarters established for the purpose of
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engaging in work covered by this Agreement when such work will
continue for an indeterminate period of time.
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6.2 BREAK PERIODS: A fifteen (15) minute relief period shall be provided
for all employees not working seven day coverage during each one-half
(1/2) of the shift. Work conditions permitting, each break period
shall be given as near the middle of each one-half (1/2) of the shift
as possible.
6.3 LUNCH PERIODS: Supervisors will establish a meal period without pay,
approximately four (4) hours after the start of a shift. Employees
who are required to begin their lunch more than one (1) hour before
or after the regular start of lunch time shall be paid during the
lunch period at the straight time rate. There are three (3) pay
possibilities for employees with an unpaid lunch. For this example
the employees shift is from 7:00 am to 3:30 pm with a one-half (1/2)
hour lunch from 11:30 am to noon.
EXAMPLE #1 EXAMPLE #2 EXAMPLE #3
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Employees who are required to Employees who eat their lunch Employees who work through
eat their lunch at 2:00 p.m. from 3:00 pm to 3:30 pm their lunch and complete their
would be paid eight and would be paid eight (8) hours shift (work until 3:30 pm)
one-half (8 1/2) hours of at straight time and one-half without taking a break for
straight-time pay. (1/2) hour at time and lunch would be paid eight (8)
one-half (1 1/2). hours at straight-time and one
(1) hour at time and one-half
(1 1/2).
REGULAR DAY-SHIFT AND SHIFT EMPLOYEES: The unpaid lunch period shall
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not exceed one-half (1/2) hour unless mutually agreed to by the
Company and the Union.
SEVEN DAY COVERAGE EMPLOYEES: These employees will be considered
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to have a paid lunch period as part of their regular shift.
EXAMPLE
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A line troubleman whose shift is from 7:00 am to 3:00 pm will have
a thirty (30) minute paid lunch period to be taken in accordance
with operational efficiencies
6.4 OVERTIME: In computing overtime, intermission taken out for meals
served other than on the job shall be deducted, and any holiday or
vacation paid in that pay period will be considered as time worked.
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TIME AND A HALF: Except as otherwise provided in this Article, the
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following situations shall require payment at one and one-half (1
1/2) times the regular established wage rate:
. Time worked in excess of eight (8) hours per day.
. Time worked in excess of any five (5) scheduled work days in
that work week.
. Work scheduled in the three (3) hours immediately preceding
the normal starting time.
. Employees who are scheduled to work on an observed holiday.
. Employees on seven (7) day coverage who are scheduled or
called out for overtime except as defined in "Double Time."
. Employees who are scheduled for overtime and such is canceled
per Article 6.9 (REQUIRED NOTICE FOR OVERTIME).
DOUBLE TIME: Except as otherwise provided in this Article, the
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following situations shall require payment at two (2) times the
regular established wage rate:
. Employees, other than those assigned to seven (7) day
coverage, who are scheduled to work within the first five (5)
hours of the eight (8) hour period immediately preceding the
normal starting time regardless of the day of the week.
. Employees who are called -out for work on an observed holiday.
. Employees who work on the second day of a two days off period,
or on the second or fourth days off of a four days off period
with an overtime minimum as provided in Article 6.7
(CALL-OUTS).
. Employees, other than those assigned to seven (7) day
coverage, who are called out for overtime work within the
eight (8) hour period immediately preceding their normal
starting time, regardless of the day of the week with an
overtime minimum as provided in Article 6.7 (CALL-OUTS).
. Employees who are assigned to seven (7) day coverage
(excluding line troubleman), and are called out for work to
cover all or part of the third shift, with an overtime minimum
as provided in Article 6.7 (CALL-OUTS).
. Employees called out while on vacation per the provision of
Article 12.10 (CALL-OUT WHILE ON VACATION).
DOUBLE TIME AND A HALF: Except as otherwise provided in this Article,
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the following situations shall require payment at two and one-half (2
1/2) times the regular established wage rate:
. For all time worked in excess of sixteen (16) consecutive
hours.
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BREAK PERIOD: Employees entitled to pay at this rate will continue at
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this rate until they have been released for a period of at least six
(6) continuous hours. Any break of six (6) hours will be considered
an interruption of continuous work time. It is understood that any
employee may be returned to work exactly six (6) hours from their
most recent release, satisfying the required break. It is also
understood that any employee released for such a break may be called
back to work before six (6) hours have elapsed.
MEAL PERIODS: Meal periods while working overtime will not be
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considered as part of the six (6) hour break and will not be
considered time worked, unless employees are directed to work through
their meal period. Employee's unpaid meal period which occurs during
regular work hours will be included in the computation of the six (6)
hour break, when this break is calculated from the end of the
employee's last regular shift. Accordingly, an employee may be called
out five and one-half (5 1/2) hours from the end of their last
regular shift without creating a requirement for this rate.
STRAIGHT TIME PAY: Employees sent home for a six (6) hour break will
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not lose any straight time pay for normally scheduled hours, as a
result of such a break.
EXAMPLE
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Employees assigned to a 7:00 am to 3:30 pm shift and released two
(2) hours early so they may have a six (6) hour break before a
scheduled outage would be paid for the two (2) hours at the
straight time rate and this would satisfy the six (6) hour break.
Employees must use any rest time pay accumulated as a result of an
overtime assignment before these provisions would apply. If an
employee's accumulated rest time does not cover the entire six (6)
hour break, the employee will receive straight time pay for any
regularly scheduled hours not worked due to this break.
6.5 OVERTIME EQUALIZATION: The Company will endeavor to distribute
overtime work as evenly as possible among those employees qualified
to perform such work. For the purpose of distributing overtime, the
Company will maintain and post overtime lists in each sub-department
indicating time offered and time worked. Each department will create
policies and procedures (BY LOCATION, SHIFT - as defined by Article
6.1 AND CLASSIFICATION), for overtime equalization through
labor/management meetings.
6.6 PAY PROVISIONS:
PAY DAYS: Pay days shall be at biweekly intervals.
---------
WAGES: The schedule of job classifications and wage rates, as
------
mutually agreed to, are made a part of this agreement, and are marked
"Exhibits I and II" respectively.
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Page 14 of 78
Wages shall be paid at biweekly intervals on the Thursday following
the close of the two week pay period provided that if the regular pay
day falls on a holiday, payment shall be made on the preceding work
day.
SPECIAL PAY REQUESTS: The Company recognizes there will be
--------------------
circumstances such as weeks of vacation and vacation in association
with holidays which will create special requests of the payroll
department. Unless the situation is an emergency, all special checks
will be limited to individuals who are absent for at least the
Wednesday through Friday of a pay week. Exceptions to this practice
will require written approval from the department manager and must be
presented to payroll no later than forty-eight (48) hours in advance
of the requested time for payment.
RECOVERING OVERPAYMENTS: Deductions from an employee's wages, to
-----------------------
recover overpayments made in error, will not be made unless the
employee is notified prior to the end of the month following the
month in which the check in question was delivered to the employee. A
schedule for re-payment will be agreed upon by the Company and the
employee.
6.7 CALL-OUTS:
TWO HOUR MINIMUM: Employees called out for overtime duty shall
----------------
receive at least two (2) hours pay. Reasonable travel time (defined
below) to and from home will be considered as time worked for the
purpose of satisfying the two (2) hour minimum, and will be paid at
the appropriate overtime rate.
EXAMPLE #1 EXAMPLE #2 EXAMPLE #3
---------- ---------- ----------
Employees called out who work Employees called out who work Employees called out who work one (1) hour
work two (2) hours and travel one four (4) hours and travel one and travel one (1) hour (round trip) will be
(1) (round trip) will be (1) hour (round trip) will be paid for two (2)hours
paid for three (3) hours. paid for five (5)
EXAMPLE #4 EXAMPLE #5
---------- ----------
Employees called out who work Employees called out who work
fifteen (15) minutes and into their regular shift
travel one (1) hour (round shall be paid the appropriate
trip) will be paid for two (2) overtime premium for at least
hours. two (2) hours, which includes
travel time to work only.
This does not change the
normal starting time for the
purpose of extending the
shift.
MULTIPLE CALL-OUTS: Employees called-out more than once in the
-------------------
twenty-four (24) hour period from midnight one day to midnight the
following day shall be paid at least the two (2) hour minimum
mentioned above for the first call. For subsequent calls, employees
shall be paid for a one (1) hour minimum with the same travel time
considerations mentioned above. For the purpose of this section,
concurrent calls or successive calls without a break in work time
shall be considered as a single call.
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Page 15 of 78
TRAVEL TIME: Employees are entitled to travel time according to the
------------
following chart:
----------------------------------------------------------------------------
WORK LOCATIONS
----------------------------------------------------------------------------
----------------------------------------------------
Las Vegas Valley Reid Gardner
----------------------------------------------------
----------------------------------------------------------------------------
Las Vegas Valley .5 hour 1 hour
----------------------------------------------------------------------------
Moapa Valley 1 hour .5 hour
----------------------------------------------------------------------------
Boulder City .75 hour 1.5 hours
----------------------------------------------------------------------------
St. George/Alamo 2 hours 1.5 hours
----------------------------------------------------------------------------
Mesquite 1.5 hours .75 hour
----------------------------------------------------------------------------
6.8 REST TIME: Employees who are required to work overtime within the
eight (8) hour period immediately preceding their scheduled starting
time on a regular work day, shall be entitled to time off with
straight time pay equal to time worked during this time frame. This
is not applicable to a call out or scheduled overtime of three (3)
hours or less immediately preceding the employee's normal starting
time.
If an employee is entitled to rest time off, such time off would
normally begin at the start of the regular shift. By mutual agreement
between the supervisor and the employee, rest time may be taken
during the last part of the regular shift. An employee shall not be
required to work during his rest period provided adequate relief is
available, however, should an employee be required to work during
this period, he shall receive straight time for all time worked
during his rest period in addition to his rest period pay.
6.9 REQUIRED NOTICE FOR OVERTIME:
SCHEDULED OVERTIME: In scheduling overtime work, a minimum of
------------------
fourteen (14) hours notice is required, prior to the start of any
overtime for a particular day, and before leaving the worksite on a
regular work day. Without this notice, such work will be considered
as a call-out. It is understood that overtime, when worked as an
extension of a regular shift, does not require such notification.
EXAMPLE
-------
An employee assigned to a 7:00 am to 3:30 pm shift and held over
for overtime and is notified to work the next day (his/her day off)
at 7:00 am. If notification is given in the first two (2) hours of
held over overtime, this overtime is scheduled.
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Page 16 of 78
CANCELING OVERTIME: A minimum of twelve (12) hours notice is required
-------------------
on canceling pre-scheduled overtime. When customer arrangements are
involved, the Company must provide twelve (12) hours notice prior to
the employee's next normal starting time.
When such notice of cancellation of pre-scheduled overtime work is
not given in accordance with the above, employees involved will be
paid for two (2) hours at established overtime rates if they report
and are retained for work. When such notice of cancellation is not
given in accordance with the above, but employees are later notified
of work cancellation, they will be paid for two (2) hours at time and
one-half (1 1/2). If they report and are not retained for work, they
shall receive pay for two (2) hours at time and one-half (1 1/2).
6.10 SHIFT DIFFERENTIAL: Seven (7) day coverage employees will be paid the
shift differential applicable to the shift under which any hours
worked may fall. Fixed shift employees will be paid their shift
differential for all hours worked on that day.
EXAMPLE
-------
A second shift employee who works ten (10) hours on a particular
day would be paid ten (10) hours of second shift differential.
FIRST SHIFT: No shift differential shall be paid for the first
-----------
shift.
SECOND SHIFT: A differential shall be paid for the second shift
-------------
according to the following schedule:
February 1, 1998 .................... $1.20 per hour
February 1, 1999 .................... $1.25 per hour
February 1, 2000 .................... $1.30 per hour
February 1, 2001 .................... $1.35 per hour
THIRD SHIFT: A differential shall be paid for the third shift
------------
according to the following schedule:
February 1, 1998 .................... $1.35 per hour
February 1, 1999 .................... $1.40 per hour
February 1, 2000 .................... $1.45 per hour
February 1, 2001 .................... $1.50 per hour
The appropriate overtime rate will be applied to the shift
differential. Shift differentials shall be payable only for hours
actually worked and shall not be payable for non-work time such as
holidays, sick leave, vacation and rest time.
6.11 ESTABLISHING PERMANENT SCHEDULES: The right to establish working
schedules and methods of shift rotation for employees, to assign
individuals to schedules and to make changes in schedules, rests with
the Company. Whenever the Company assigns an employee to a schedule
which is different than the schedule they are regularly assigned and
such assignment is expected to last ninety (90) days or more, the
following conditions shall apply:
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Page 17 of 78
NOTIFICATION: Employees will be given as much notice as possible and
------------
in all cases, at least twenty four (24) hours and prior to the end of
their last regular shift. In this notification, the employee will be
informed of the hours of work, including the days off and meal
periods if applicable, work location, expected duration of the shift
if other than indefinite, estimated composition of the work force,
and the type of the shift (regular day, fixed shift, or rotating).
The Company will limit days off to days inclusive of or in
conjunction with Saturday or Sunday providing that such schedules
will not interfere with the continuous rendering of service by the
Company. If the Company fails to satisfy the twenty-four (24) hour
notification requirement, the premium for the first five (5) days of
the new shift will be extended until the notification requirement has
been satisfied.
STAFFING OF SCHEDULES:
VOLUNTEERS:
----------
When new shifts are announced, the Company will permit affected
employees to volunteer for these assignments. The highest Company
seniority will be used to select from the volunteers and these
employees will not receive a premium for their first five (5) days of
this new assignment.
LEAST SENIOR QUALIFIED: The least senior, qualified employee in the
-----------------------
classification affected, may be assigned. Any employee so assigned
will receive a premium of time and one-half (1 1/2) for the first
five (5) days of this assignment for all hours worked outside of
their previous schedule.
RIGHT OF ASSIGNMENT: The Company may assign employees to these
--------------------
schedules for operational efficiency purposes. Any employee so
assigned will receive a premium of time and one-half (1 1/2) for the
first five (5) days of this assignment for all hours worked outside
of their previous schedule.
SHIFT DIFFERENTIAL: The appropriate shift differential, if any, shall
------------------
apply immediately to all hours worked for those who volunteer for
these shifts. For those employees paid a premium for the first five
(5) days of such an assignment, the shift differential will apply
beginning on the sixth day of the assignment, or the first day on
which the premium is not paid.
RETURN TO ORIGINAL OR OTHER SCHEDULE: Employees who are assigned to a
------------------------------------
new schedule and are returned to their original schedule before five
(5) days have elapsed, will be entitled to the premium mentioned
above for the five (5) day period. Employees assigned to a second,
new schedule during the initial five (5) day premium payment period
will receive an additional five (5) days of premium from the date the
new schedule begins.
EXAMPLE EXAMPLE
-------- -------
Employees who receive four (4) hours of premium Employees who have worked only two (2) days of a
per day who are returned to their former shift new schedule and are notified they will start a
after only two (2) days, would continue to receive second, new schedule on the fourth day, will
this premium for three (3) additional work days. receive eight (8) days of premium pay (three [3]
for the first schedule and five [5] for the second).
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Page 18 of 78
TRAINING EXCEPTIONS: The Company may, for the purposes of training
--------------------
only, change schedules without incurring the premium penalties
mentioned above. The Company will notify all employees as far in
advance as possible, but not later than the end of their last
scheduled work day in the week prior to such training. This
notification will detail the nature, location, and duration of the
training. If such notification is not given, and an employee is
called at home and informed of a change in schedule for training
purposes, this employee will be paid time and one-half (1 1/2) for
the first two (2) days of the training for all hours worked outside
of their normal schedule.
TRAVEL TIME FOR OUT OF TOWN TRAINING: Any employee who is required to
------------------------------------
travel out of town on a normal day off or after normal working hours
for the purpose of Company training, will be paid actual driving time
to and from the training site. When flying to such training,
employees will be paid one (1) hour from their home to the airport,
actual flying time to the destination, and one (1) hour from the
airport to the hotel. All compensation for such travel time will be
at a straight time rate and will not be considered time worked.
SCHEDULE PREFERENCE AGREEMENTS: The Company recognizes that in
departments where multiple schedules exist, there may be a desire to
create a mechanism for movement between such schedules, while
protecting the operational efficiencies of the organization. To
satisfy these mutual interests, departments are encouraged to create
shift preference agreements which will define the terms and
conditions for the transfer from one schedule to another. Under no
circumstances, would such transfers create premium pay liability in
accordance with the provisions of this Article. Each schedule
preference agreement will be created through labor/management
meetings within the affected work group and will be acknowledged by
memorandum of agreement between the Company and the Union.
6.12 ASSIGNMENT TO AN ESTABLISHED SCHEDULE: When seven (7) day coverage
employees, other than relief employees, are transferred from one
schedule of work days or work hours to another established and
populated schedule, they shall not be entitled to overtime
compensation for work performed during regular work hours of any day
involved in the transfer, provided that:
. They have been notified of such transfer not less than
twenty-four (24) hours in advance of the starting time of the
new shift or work period;
. They have had a minimum of one shift off between schedules;
. As a result of such transfer they have not been required to
work more than forty (40) hours at the straight time rate in
any work week involved;
. They have not been required to work more than one (1) short
change in the work week involved, provided, however, that such
short change was not the result of a voluntary action on the
part of an employee, (i.e., Calling in sick, taking an
unauthorized day off for personal reasons, etc.).
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Page 19 of 78
6.13 EMERGENCY OR TEMPORARY SCHEDULES: The Company may schedule employees
to work for periods other than their regular work hours when
additional schedules are required for emergency or temporary
conditions. Such conditions are expected to last for less than ninety
(90) days and, if they exceed this time frame they will be considered
to be established schedules requiring compliance with the procedures
for staffing and establishing schedules defined above, unless mutual
agreement to extend such schedules is established by the Company and
Union.
NOTIFICATION: The Company shall communicate the hours of work, meal
------------
periods, days off, location, nature of the work, estimated
composition of the workforce, and expected duration of this schedule.
STAFFING OF EMERGENCY OR TEMPORARY SCHEDULES:
--------------------------------------------
VOLUNTEERS: The Company may solicit volunteers for assignment to
-----------
these schedules. If employees volunteer for these assignments, they
will receive a premium of time and one-quarter (1 1/4) for all
straight time hours worked outside of their normal schedule or shift
for the first five (5) days of this assignment. When there are more
volunteers than required for the shift, the most senior, qualified
employees will be assigned.
LEAST SENIOR QUALIFIED: The least senior, qualified employee in the
----------------------
classification affected, may be assigned. Any employee so assigned
will receive a premium of time and one-half (1 1/2) for the first
five (5) days of this assignment for all hours worked outside of
their previous schedule.
RIGHT OF ASSIGNMENT: The Company may assign employees to these shifts
--------------------
for operational efficiency purposes. Any employee so assigned will
receive a premium of time and one-half (1 1/2) for the first five (5)
days of this assignment for all hours worked outside of their
previous schedule.
SHIFT DIFFERENTIAL: After the five (5) day premium requirement has
--------------------
been fulfilled, the appropriate shift differential shall apply.
RATE OF PAY AND ROTATION: On the first day that there is no
-------------------------
requirement for a premium and each day thereafter, the appropriate
rate of pay and shift differential, if applicable, will be provided
for all hours worked. If any such schedule extends beyond forty-five
(45) days, the Company and the Union may agree to rotate the assigned
employees. Employees returned to their former schedule as a result of
this rotation, will not be entitled to the premium mentioned above.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 20 of 78
RETURN TO ORIGINAL SCHEDULE: At the completion of this assignment,
----------------------------
employees will be returned to their original schedule without a
requirement for any additional premium payment. Employees who are
assigned to an emergency or temporary schedule and are returned to
their original schedule before five (5) days have elapsed, will be
entitled to the premium mentioned above for the five (5) day period.
6.14 OUT OF TOWN WORK:
BOARD AND LODGING: The Company will furnish adequate board and
-----------------
lodging for all employees sent on out-of-town work. This rule does
not apply to noon day meals where employees start from and return to
headquarters everyday, nor does it apply to employees hired for any
particular job which may be outside the city or where employees
travel to and from regularly assigned headquarters on Company time.
EQUALIZING ASSIGNMENTS: When making temporary out of town
-----------------------
assignments, the Company will endeavor to distribute such assignments
equally among all employees qualified to perform such work.
PER DIEM: Employees temporarily assigned to established headquarters
--------
located more than forty (40) miles from their regularly established
headquarters who elect not to stay at the assigned work locations
will be furnished transportation for the initial trip and final trip
at Company expense, and shall receive forty-three dollars ($43.00)
for each day they are assigned to and work at a temporary location.
If work extends beyond the weekend, the Company may, at its option,
pay travel to home base Friday night and return to work location
Monday morning.
MILEAGE ALLOWANCE: Except as provided herein, employees electing to
-----------------
travel to and from their assigned work locations shall do so at their
own expense. When an employee is authorized to drive his own car to
conduct Company business, he will receive a mileage allowance equal
to Internal Revenue Services (IRS) maximum allowable mileage expense.
Requests for the allowance described herein shall be submitted to,
and distributed by the Company every two (2) weeks and in accordance
with procedures established by the Company.
6.15 MEALS:
MEAL TIMES: When working overtime before or after the regular day, or
-----------
shift, or when called out for overtime work, and such work is
continuous for two (2) hours or more, the Company shall provide all
meals unless employees are released before the meal time. The normal
unpaid meal times shall be:
. one and one-half (1 1/2) hours before the employee's normal
starting time,
. eight (8) hours before the employee's normal starting time,
. four (4) hours after the normal starting time, and
. two (2) hours after the normal quitting time,
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Page 21 of 78
Meals will be provided as close to these times as circumstances of
the work will permit. Employees may elect to complete their
assignment and take their meal period upon completion of their task.
This meal period would be unpaid time unless directed by supervision
to work through the meal period and such work continues more than one
(1) hour from the stated meal time. This paid meal period will be
limited to one-half (1/2) hour at the appropriate rate of pay.
CALL OUT: When an employee is called out one and one-half (1
---------
1/2) hours or more previous to his starting time, the Company shall
provide breakfast and a reasonable time to eat same.
MEAL RATES: When employees are released on or after a normal meal
----------
period, or periods as outlined above, and do not elect to eat a
Company provided meal, they shall be given a meal allowance of $9.00.
These allowances will be paid through the payroll system in the
employee's next paycheck. The meal allowance shall be increased to:
. nine dollars and twenty five cents ($9.25) effective February
1, 1999
. nine dollars and fifty cents ($9.50) effective February 1,
2000
. nine dollars and seventy-five cents ($9.75) effective February
1, 2001
ACTUAL COST: If an employee elects to consume a meal in lieu of the
-----------
allowance, the cost of any meal shall not exceed two (2) times the
allowance as provided for above. If the cost of the meal exceeds this
amount, the employee will be notified of the amount of the difference
and the employee must reimburse the amount within thirty (30)
calendar days after receipt of such notification. These limitations
may be waived by the department's Vice President if such limitations
place an undue hardship on the employee.
6.16 REPORTING LOCATION: Employees in the bargaining unit shall report for
work at regularly established Company headquarters, shall travel from
job to job and between job and headquarters on Company time and shall
return to the regularly established Company headquarters at the
conclusion of the day's work.
6.17 EARLY RELEASE: Employees relieved from duty, for reasons other than
misconduct, during the first half of the regular day or regular shift
shall be paid for not less than one-half (1/2) of the shift; if
relieved after having been on duty more than one-half (1/2) of the
regular day, they shall be paid for a full shift, except that if they
are relieved at their own request they shall be paid only for time
worked. These provisions do not apply to overtime assignments.
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Page 22 of 78
ARTICLE NO. 7
Seniority and Promotions
7.1 SENIORITY: There shall be one (1) type of seniority, namely, Company
seniority. Company seniority shall be considered in such matters as
retirement, lay off, and whenever provisions of this agreement refer
to seniority. In cases where two or more employees have the same
Company seniority, the employee with the higher total score on the
most recent performance appraisal shall have the greater seniority.
7.2 SENIORITY POSTINGS: The Company shall post a Company seniority list
on bulletin boards every six (6) months and shall mail a copy of this
list to the Union when the list is posted and after any corrections
are made. Any seniority corrections should be made in writing to
human resources.
7.3 STAFFING VACANCIES:
POSTING REQUIREMENT: When there are no qualified employees who have
-------------------
requested an intra-departmental work location change into job
vacancies which are expected to last for more than ninety (90) days,
and the classifications involved do not fall under the provisions of
Article 7.5 (non-bid classifications), the Company shall post such
job vacancies or new jobs on bulletin boards for a period of seven
(7) calendar days. It shall be the duty of the Company to set forth
in said bulletins the nature of the job, its location and duties,
reasonable qualifications required and the rate of pay, unless such
information is listed in the collective bargaining agreement. At the
same time, the Company will furnish the Union a copy of this
bulletin. Employees may file their applications in the Human
Resources department by Company mail or by U.S. Mail. However, the
Company may not consider any application received after the job bid
closing date. All job vacancies must be awarded within twenty-one
(21) calendar days of the job bid closing date. If the award is not
made within twenty-one (21) calendar days, and is not delayed due to
vacations or bid hearings, the successful employee will be paid the
new rate for the period from the twenty-one (21) days to the date of
the award. This does not apply to the time frame of up to three (3)
weeks after the award for the purpose of transitioning
responsibilities.
JOB POSTING SYSTEM: The Company shall publish job posting and
------------------
awarding procedures which, at a minimum, comply with the provisions
of this agreement. These procedures will constitute the Company's job
posting system. Any bargaining unit employee covered by either the
clerical or plant collective bargaining agreements may apply and
compete equally for any position within the Company. Employees are
disqualified from bidding if their most recent performance appraisal
total score is less than 2.5 or if they have a letter of discipline
which is less than one (1) year old in their Human Resources
personnel file.
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Page 23 of 78
SELECTION CRITERIA: Exclusive of the provisions of Articles 7.5
------------------
(NON-BID CLASSIFICATIONS) and 7.10 (INTRA-DEPARTMENTAL WORK LOCATION
CHANGE), in filling vacancies the following factors shall be
considered:
. Trade Knowledge
. Training
. Past Performance with the Company
. Ability, skill, adaptability, efficiency
. Performance appraisal scores
. In addition, the Company retains the right to administer
equally fair tests, demonstrations, or physical assessments
when such tests will assist materially in determining the
qualifications of employees.
When, in the discretion of the Company, all factors are substantially
equal, Company seniority shall govern.
HEARING PROCEDURES: In lieu of any grievance procedure concerning
-------------------
Article 7.3 (STAFFING VACANCIES), the Company shall offer the three
(3) most senior bidders (if applicable) and the employee with the
second highest matrix score (if applicable) who are more senior than
the successful bidder a hearing before the bid committee with the
steward for the department, the senior person or persons and one (1)
other Union member. If the number of senior bidders exceeds the
parameters mentioned above, a group meeting will be conducted with
the remaining senior bidders to explain the decision and answer any
relevant questions. The Company shall not assume any penalty for bid
hearings that are delayed.
NO QUALIFIED BIDDERS: If no applications are received from any
---------------------
qualified bargaining unit employees within the posting period, the
Company may then fill the job from outside the bargaining units.
7.4 TEMPORARY APPOINTMENTS: Wherever a vacancy occurs in any job
classification, the Company may, at its discretion, temporarily fill
such vacancy. If practical, any such temporary appointment shall be
given to an employee who would be eligible under the provisions of
this agreement.
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Page 24 of 78
7.5 NON-BID CLASSIFICATIONS: When vacancies occur in the classifications
listed below, the Company shall fill the vacancies with the most
senior employees who are qualified and request the position in
accordance with the Company job posting system. To be qualified
employees must do the following prior to the vacancies being
announced:
. Pass a skills qualification test
. Complete a prescribed course of study (where applicable)
. Have an overall score of at least 2.5 on their most recent
performance appraisal
. Have no letter(s) of discipline which is less than one (1)
year old in their human resources personnel file
Prior to awarding positions, employees must pass a physical
assessment relating to the new position. These requirements apply to
the following job classifications (classifications may be added or
deleted upon mutual consent of the Company and Union):
. Coal Yard Technician
. Communications Groundman
. Customer Support Representative
. Fleet Utility Technician
. Lines Groundman
. Maintenance Utility Technician
. Meter Reader
. Office Support Representative
. Rodman-Chainman
. Substation Groundman
. Utility Operator
Employees awarded a position under the provisions of this Article may
not request and be awarded a new position for a minimum of six (6)
months.
7.6 MOVING EXPENSES: Should the Company assign an employee, who has not
volunteered for reassignment, to an established Company headquarters
located more than thirty (30) driving miles by the most reasonable
route from his regularly established Company headquarters, and such
assignment is not temporary in nature, the Company will pay the
employee $1200 for moving expenses, for the purpose of establishing a
new primary residence, within a two (2) year period immediately
following such assignment. In addition, the Company shall pay the
actual costs to relocate a mobile home which is the employee's
primary residence.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 25 of 78
7.7 SUB-DEPARTMENTS: When employees are awarded bids in the
sub-department in which they are working, in accordance with Articles
7.3 (STAFFING VACANCIES) and 7.5 (NON-BID CLASSIFICATIONS) of this
agreement, their rate of pay for the awarded job shall be the rate
established for the classification as listed in the appropriate
agreement. If the awarded job has more than one rate, such rates
being based on time spent in classification, the employees shall be
assigned the lowest rate in the classification which will provide an
increase to the employees. Employees thus assigned a rate step above
the starting rate will not advance to a higher step until they have
served the time indicated by the assigned step. Should no rate in the
classification provide an increase, the employee shall be assigned
the "there-after" rate of the new classification.
EXAMPLE
-------
7.8 TIME IN CLASSIFICATION PAY: When employees are awarded bids in a
different sub-department from which they are working, their rate of
pay for the awarded job shall be the rate established for the
classification as listed in the appropriate agreement. If an employee
has previously occupied the position, the employee shall be given
credit for time spent in that position for the purposes of
establishing the new rate. Where the awarded job has more than one
rate, such rates being based on time spent in classification,
employees shall be assigned the starting rate for the new
classification unless such rate will result in a lesser rate than
their former classification. If assigning the starting rate to
employees awarded the job would result in a lesser rate than their
last rate, employees shall be granted one year of credit or the
amount of their Company seniority, which ever is less, as time spent
in the new classification for the purpose of establishing their new
rate of pay.
7.9 TRIAL PERIOD: Employees promoted or transferred in accordance with
this Article shall be employed on the job to which they were promoted
or transferred for a reasonable trial period not to exceed six (6)
months. If, following the trial period, they are still unable to
perform the job to which they are promoted or transferred, they shall
be returned to the former job classification they held or to their
former or another job classification of similar requirements and the
previous rate of pay, as determined by the Company. Employees who are
returned to another classification in accordance with this Article
shall not be permitted to bid on another position for six (6) months
from the time they are returned.
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 26 of 78
7.10 INTRA-DEPARTMENTAL WORK LOCATION CHANGE: Employees desiring to change
work locations within the same sub-department and classification
shall submit a work location change form to the appropriate
department head. Through labor/management meetings, departments shall
develop procedures for work location changes.
ARTICLE NO. 8
Grievance Procedure
8.1 DEFINITION: A grievance shall be defined as a dispute regarding the
interpretation and application of the provisions of this Agreement
filed by the Union or by an employee covered by this Agreement
alleging a violation of the terms and provisions of this Agreement.
However, disputes specifically excluded in other Articles of this
Agreement from the Grievance Procedure shall not be construed as
within the definition set forth above.
8.2 TIME LIMITATIONS: The Company and the Union recognize the mutual
gains process as an effective tool in resolving differences in the
work place. Once timely notification of a grievance has been given,
the Union and Company may mutually agree to extend the time
limitations to ensure that interests are clearly defined, witnesses
and all persons involved receive proper notification and are able to
attend, evidence is accurate, and remedies are thoroughly explored
before moving to the next step. However, it is in the interest of
both the Company and the Union to expedite the process and encourage
the timely resolution of the issue in order to satisfy established
time constraints.
The Union and Company, by mutual agreement, may elect to bypass
certain steps, due to the nature of the grievance.
Except by mutual agreement to extend the time limitations, an
arbitrator shall not have the authority to excuse a failure by the
Union, the Company or the aggrieved employee to comply with the time
limitations set forth, regardless of the reason given for such
failure.
8.3 GRIEVANCE PROCESS
NOTIFICATION: When a dispute arises relative to the administration of
-------------
the provisions of this agreement, the employee and/or Union steward
must complete a mutual gains issue form and submit it to the
appropriate supervisor for signature no later than thirty (30)
calendar days after the grievance first arises. The time period shall
start from the first day the Company can show that the Union or an
employee affected by the Company's action knew or should have known
of the situation.
At each step in the process, the Union shall officially sign off on
the mutual gains issue and grievance forms, verifying that their
interests have been satisfied or to pursue resolution at the next
step.
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Page 27 of 78
STEP ONE (MUTUAL GAINS MEETING -SUPERVISOR): The supervisor shall
-------------------------------------------
schedule a meeting with the grievant and steward within seven (7)
calendar days of receipt of the mutual gains issue form. The grievant
and the supervisor will define interests and work on resolving the
issue in a manner satisfying those interests. If the issue is not
resolved at step one (1), the mutual gains issue form may be referred
by the Union to the next level of supervision within three (3)
calendar days of the step one (1) meeting.
STEP TWO (MUTUAL GAINS MEETING - LEVEL II SUPERVISION): The next
-------------------------------------------------------
level of supervision shall schedule a meeting with the grievant,
steward, and supervisor within seven (7) calendar days of receipt of
the mutual gains issue form. The grievant and supervision will define
interests further and work on resolving the issue at this level. If
they are unable to satisfy interests, the Union may request a formal
hearing within three (3) calendar days of the step two (2) meeting.
STEP THREE (MUTUAL GAINS HEARING): The level II supervisor shall
----------------------------------
schedule a hearing with the grievant, steward, supervisor, and
official Union and Human Resources representatives within seven (7)
calendar days of receipt of the mutual gains issue form. Witnesses
will be designated to testify and related evidence shall be
submitted. Those in attendance shall discuss possible remedies, which
will be implemented upon final approval by the official Union and
Human Resources representatives. This joint decision shall be final
and binding on all parties. If, at the conclusion of step three (3),
the two (2) parties are unable to resolve the issue, the grievance
shall be reduced to writing on the grievance report form, citing the
Article and/or section of this agreement which has been allegedly
violated, and the Company shall sign, date, and acknowledge receipt
of such grievance.
STEP FOUR (UNION/COMPANY MEETING): The Union Business Manager and
---------------------------------
_______________________ shall schedule a meeting within ten (10)
calendar days of receipt of the grievance report form. The department
supervisor and/or manager, and the grievant and/or Union steward may
be present at the request of either party. The Company and Union
shall review the information provided, conduct further investigation
if necessary, and shall render a joint decision which shall be final
and binding on all parties. If the grievance is not settled at step
four (4), the Company will communicate its position in writing within
five (5) calendar days of the step four (4) meeting. This written
notification will be sent via certified mail.
STEP FIVE (ARBITRATION): Within fifteen (15) calendar days of receipt
------------------------
of management's position, the Union may request arbitration by
delivering a written notice to the ___________________ of its intent
to arbitrate the dispute. If the Union does not respond within
fifteen (15) calendar days, the issues involved in the grievance will
be considered resolved and the matter closed.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 28 of 78
Within five (5) working days after receipt of the notice of intent to
arbitrate, the parties will request the Federal Mediation and
Conciliation Service to furnish a list of five (5) arbitrators from
the southwest region of the United States from which the arbitrator
shall be selected. Such selection shall be accomplished by the Union
and the Company striking one (1) name from the list in turn until
only one (1) name remains.
In recognition of the magnitude of such decisions, arbitration
relative to termination grievances shall be expedited whenever
possible. Unless mutually agreed to extend the time limitations in
writing, these grievances should be arbitrated within six (6) months
of the termination date.
The arbitrator's decision shall be submitted in writing and shall be
final and binding on all parties to this Agreement. Nothing contained
in this contract or any part thereof shall affect or apply to the
Union in action it may take against the Company for failure to comply
with any legally enforceable decision reached through arbitration.
The cost of the arbitrator and the cost of necessary expenses
required to pay for facilities and recording of the hearing of cases,
shall be borne equally by the Company and the Union.
The arbitrator shall not have the authority to modify, amend, alter,
add to, or subtract from any provision of this Agreement.
ARTICLE NO. 9
Working Safety Committee
9.1 MUTUAL INTERESTS: The Company and the Union share a mutual interest
in fostering safe working conditions for all employees. The Company
and Union will endeavor to create programs, procedures and policies
which will define Nevada Power Company and IBEW Local No. 396 as
leaders in providing and promoting a safe workplace. The Company
shall make reasonable provisions for the safety of employees in the
performance of their work. The Union shall cooperate in promoting the
realization of the responsibility of the individual employee with
regard to the prevention of accidents.
9.2 SAFETY COMMITTEE: Each department shall have their own Safety
Sub-committee, and at least one (1) representative from each
departmental Safety Sub-committee shall serve on the Company's Safety
Committee. The selection of the Company's Safety Committee members
shall be made jointly by the Chairman of the committee and the
Business Manager of the Union. The Chairman of this committee shall
be selected by the Company. Each year thirty three and one third
percent (33-1/3%) of the committee members shall be replaced in
accordance with the selection provision.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 29 of 78
9.3 REPORTING DEFICIENCIES: Each member of the Safety Committee shall be
expected to actively participate in identifying and reporting to the
area safety representative any deficiency or unsafe condition
discovered in the assigned work area. Recommendations to improve the
operational safety shall be made to the manager, safety services, and
to the department supervisor. A copy shall also be presented to the
Chairman at the next Safety Committee meeting.
9.4 SAFETY MEETINGS: Safety meetings shall be held at reasonable
intervals subject to call by the Chairman.
9.5 SEMI-ANNUAL INSPECTIONS: Every six (6) months the Safety Committee
chairman shall appoint at least three (3) members to perform an
inspection of the Company facilities. If required, these inspections
may occur more often at particular facilities. The Committee Chairman
may request additional employees who work at the site to assist in
the inspection. The Company will allow the appointees reasonable
time, as determined by the Chairman, to perform this inspection. They
will prepare a written report including recommendations for
corrective actions and forward it to the Committee Chairman and
Company President.
9.6 RULE VIOLATIONS: In the event employees violate safety rules
published by the Company, the Company reserves the right to
administer appropriate disciplinary action.
9.7 SAFETY INVESTIGATIONS: When a lost time disabling injury occurs as a
result of a suspected careless act or unsafe working condition, a
safety investigating committee shall be chaired by Safety Services to
review the facts and reconcile safety deficiencies and recommend
corrective action. A safety committee member designated by the Union
and assigned to the work area in which the injury occurred, shall
serve on the investigating committee.
ARTICLE NO. 10
Inclement Weather Practice
10.1 REGULAR EMPLOYEES: Regular employees who report for work on a
scheduled work day and who, because of inclement weather or other
similar cause, are unable to work in the field that day, shall
receive pay for the full day. However, they may be held pending
emergency calls and may be given first-aid, safety or other
instruction, or they may be required to perform miscellaneous work in
the yard, warehouse, or other sheltered locations. Through
labor/management meetings, and in conjunction with safety services,
each department shall establish policies which clarify safe work
procedures during inclement weather.
10.2 PROBATIONARY AND TEMPORARY EMPLOYEES: These employees shall receive
pay for time worked or time held on Company property or two (2)
hours, which ever is greater.
10.3 RAIN GEAR: Employees who are required to work in the field will be
assigned appropriate rain gear which will be maintained by the
employees and replaced
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 30 of 78
by the employees and replaced by the Company when such gear is worn
out in the course of employment and returned to the Company by the
employee.
10.4 ENERGIZED PANELS: Employees who are assigned to work in the field
will not be required to work on exposed and energized metering panels
during rainy weather but may be assigned related duties as necessary.
ARTICLE NO. 11
Holidays
11.1 ELIGIBLE EMPLOYEES: Regular employees and probationary employees who
are eligible for benefits, shall be entitled to holidays off with
pay. Employees on leaves of absence or disability leave are not
entitled to holiday pay, except if the employee begins leave or
returns from leave during the week of a holiday.
11.2 WORKED HOLIDAYS: Shift employees may be permitted to take holidays
off which fall on their scheduled work days. Employees scheduled to
work on a holiday shall be paid at the rate of time and one-half (1
1/2) for time worked during regular working hours in addition to
holiday pay. Employees who are called out to work on a holiday shall
be paid at the rate of double time for time worked in addition to
holiday pay. Time worked in excess of the regular work day will be
paid at the appropriate overtime premium. Except for shift employees,
holidays listed below shall not be considered scheduled work days.
COMPANY HOLIDAYS: When a holiday falls on a Saturday, the preceding
Friday shall be observed, and when a holiday falls on a Sunday the
following Monday shall be observed. Whenever an employee's regular
days off are other than Saturday and Sunday, the first day off within
the work week shall be considered as Saturday and the second day off
within the work week shall be considered as Sunday for the purpose of
this Article. A rotating shift employee working on a schedule which
provides four (4) consecutive days off shall observe the day prior to
the four (4) days if the holiday falls on the first of the four (4)
days, and shall observe the day following the four (4) days if the
holiday falls on any of the other three (3) days for the purpose of
this Article.
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Page 31 of 78
Following are to be considered holidays:
----------------------------------------------------
COMPANY HOLIDAYS
----------------------------------------------------
----------------------------------------------------
1998 1999 2000 2001
----------------------------------------------------
-----------------------------------------------------------------------------------------
New Year's Day Jan 1
-----------------------------------------------------------------------------------------
Martin Luther King's Day
-----------------------------------------------------------------------------------------
President's Day
-----------------------------------------------------------------------------------------
Memorial Day (observed)
-----------------------------------------------------------------------------------------
Independence Day
-----------------------------------------------------------------------------------------
Labor Day
-----------------------------------------------------------------------------------------
Veteran's Day
-----------------------------------------------------------------------------------------
Thanksgiving Day
-----------------------------------------------------------------------------------------
Thanksgiving Friday
-----------------------------------------------------------------------------------------
Christmas Eve Day
-----------------------------------------------------------------------------------------
Christmas Day
-----------------------------------------------------------------------------------------
Floating Birthday/Holiday See Article 11.3
-----------------------------------------------------------------------------------------
11.3 FLOATING BIRTHDAY/HOLIDAY: An employee may observe the floating
holiday any work day of the year with mutual agreement by the
employee and supervisor. Or, with seven (7) calendar days notice, an
employee shall observe the floating holiday on any work day which
falls in the same calendar week as the employee's birthday. For the
purpose of this Article, the calendar week begins Sunday and ends
Saturday. Should an employee be called in or required to work on a
previously approved "holiday," the employee shall be paid the
applicable overtime rate, except if both the employee and supervisor
mutually agree to change the observance of the holiday.
Employees who request to use their floating holiday for the purpose
of recognizing a religious observance, will be accommodated whenever
possible. Any difficulties in this regard should be forwarded to the
Employee Relations area of Human Resources.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 32 of 78
11.4 BANKED HOLIDAYS: If eligible employees are required to work on any
day observed as a holiday and are authorized to work for the straight
time hourly rate of pay, then an equal number of hours will be
allocated to their banked holiday account. With written consent of
the Company, employees may carry over up to sixteen (16) hours of
banked holidays to the next year.
11.5 TEMPORARY AND BENEFIT INELIGIBLE EMPLOYEES: Temporary, and
probationary employees who are not eligible for benefits will not
receive pay for holidays not worked but shall be paid the appropriate
overtime premium for all time worked on holidays.
11.6 SICK LEAVE IN CONJUNCTION WITH A HOLIDAY: An employee who does not
report for work either the day before and/or the day after a paid
holiday, and who has not been excused by his or her supervisor for
either the day before and/or the day after a paid holiday shall
receive no pay for the holiday. The Company may require satisfactory
evidence of an employee's illness or injury before holiday pay will
be granted. If the Company requires medical evidence, the Company
must inform the employee of the requirement to provide evidence no
later than two (2) hours after the employee's regular starting time
on the day of the absence. If required and the employee does not
comply with this request, the employee will not be paid for the
holiday or the day of absence, and may be subject to disciplinary
action.
11.7 ALTERNATIVE SCHEDULES: As a result of the implementation of
alternative work schedules, any issues associated with the provisions
of Article 11 will be resolved by memorandum of understanding between
the Company and Union.
ARTICLE NO. 12
Vacations
12.1 CONSIDERATIONS: Vacation with pay may be granted at any time during
the calendar year in which it is earned, subject to the following
considerations.
. Desirability of scheduling in such a manner as will cause a
minimum of interference with service to the Company's
customers, and;
. The selection of all vacation periods based on the employee's
Company seniority, provided the selection is made no later
than March 31st.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 33 of 78
12.2 FIRST TWO (2) CALENDAR YEARS OF EMPLOYMENT: Probationary and regular
employees shall earn vacation during the first two (2) calendar years
of their employment according to the month in which they are hired.
Probationary and regular employees may request and be granted
vacation anytime during this period.
Month Hired Vacation Hours
----------- --------------
January.........................................................................................80 hours
February........................................................................................77 hours
March...........................................................................................73 hours
April...........................................................................................70 hours
May.............................................................................................67 hours
June............................................................................................63 hours
July............................................................................................60 hours
August..........................................................................................57 hours
September.......................................................................................53 hours
October.........................................................................................50 hours
November........................................................................................47 hours
December........................................................................................43 hours
12.3 ACCRUED VACATION: Effective January 1995, regular employees will be
granted vacations, with straight time pay, according to the following
schedule:
After Continuous Service of Vacation Hours
--------------------------- --------------
2 years thru 5 years............................................................................80 hours
6 years thru 12 years..........................................................................120 hours
13 years thru 20 years.........................................................................160 hours
21 years thru 30 years.........................................................................200 hours
31 years and above.............................................................................240 hours
12.4 VACATION ADJUSTMENTS: An employee's vacation accrual shall be
adjusted for all periods of leave of absence including leaves for
illness or injury as defined elsewhere in this agreement by reducing
the number of vacation hours accrued in direct proportion to the
number of hours of leave within the employee's anniversary year. Such
reductions shall be applied to any accrued and unused vacation
available in the calendar year the adjustment is made, or when such
adjustment exceeds the employee's available vacation, the excess
shall be applied against the employee's next vacation accrual or the
employee's final paycheck, whichever occurs first. It is understood
that no adjustment to vacation accrual will be made for sick leave or
during the first sixty (60) calendar days of any disability leave.
12.5 VACATION BONUS: In addition to the vacation accrued in accordance
with the above schedule, any employee who completes ten (10) years
continuous service and each five (5) years of continuous service
thereafter, shall be granted a vacation bonus of forty (40) hours in
the year such term of employment is attained. The vacation bonus will
accrue, and may be taken subject to the provisions of this Article.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 34 of 78
12.6 UNUSED VACATION: All unused or carried over vacation time accumulated
in the year of termination after an employee's first anniversary
date, up to and including the employee's last day worked, shall be
paid at termination of employment, at the employee's current base
rate. This does not apply to the vacation bonus when the employee has
not completed the minimum service specified.
It is understood that employees may not carry vacation time over to
the following year without the written consent of the Company.
A regular employee who has been laid off for lack of work and is
recalled within one (1) year, who has in excess of one (1) year
Company seniority, shall accrue vacation in accordance with Article
12.4 (VACATION ADJUSTMENTS).
12.7 DEPARTMENTAL POLICIES: Each department will develop standards and
procedures for scheduling vacations which, at a minimum comply with
Article 12.1 (CONSIDERATIONS).
12.8 HOLIDAY WHILE ON VACATION: If a holiday occurs on a work day during
an employee's vacation, it shall not be counted as hours of vacation.
The employee shall receive straight time pay for the holiday.
12.9 HOSPITALIZED WHILE ON VACATION: Employees on vacation who become
hospitalized for at least one day, shall not be required to use
vacation time during the period of incapacitation. Employees who are
capable of completing any light duty must choose to remain on
vacation or report for light duty.
12.10 CALL-OUT WHILE ON VACATION: An employee shall not be expected to work
on his regularly scheduled days off immediately preceding or
following pre-scheduled vacation. However, if an employee is called
out and accepts such an assignment on the regularly scheduled days
off immediately preceding or following pre-scheduled vacation, the
employee shall receive the appropriate overtime rate for this work.
An employee called out during scheduled vacation will be paid double
time for all hours worked and the employee may reschedule the unused
portion of his vacation hours in accordance with Article 12.1
(CONSIDERATIONS) above, if the call-out was for work during the
employee's normal work hours. Additionally, if the call-out creates
rest time, the employee may reschedule vacation equal to the rest
time earned from this assignment.
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Page 35 of 78
ARTICLE NO. 13
Sick Leave
13.1 ELIGIBILITY: A regular employee and a temporary employee with more
than 1040 hours shall be entitled to accumulate sick leave with pay
at the rate of eight (8) hours of sick leave for each month worked.
13.2 NOTIFICATION AND VALIDATION: The Company may require satisfactory
evidence of an employee's illness or disability before sick leave
will be granted. If an employee abuses the sick leave provisions of
this Agreement by misrepresentation or falsification, the employee
shall restore to the Company all sick leave payments received as a
result of such abuse. An employee must notify their supervisor or a
member of management, or see that their supervisor is notified, as
soon as it is apparent that the employee will be unable to report for
work. The employee must provide this notification before the
beginning of the normal work day. The employee should notify the
supervisor as far in advance as possible of the expected date of
return. Lack of notification without a reasonable explanation will
result in denial of sick pay benefits.
13.3 EXCLUSIONS AND EXCEPTIONS. Employees shall not be entitled to sick
leave while on vacations (except as provided in Article 12.9
[HOSPITALIZED WHILE ON VACATION]), while temporarily laid off by the
Company, during the period of notice of severance of employment, upon
severance of employment, or while receiving disability payments or
industrial compensation. Exhibit IV (SICK LEAVE AGREEMENT) of this
Agreement establishes other rules and interpretations for the
administration of these sick leave provisions.
13.4 SICK LEAVE BONUS: Employees who are eligible for sick leave in
accordance with Article 13.1 (ELIGIBILITY), who use no more than an
average of two hundred twenty (220) hours of sick leave each five (5)
years, shall be granted a bonus of five (5) days vacation in addition
to that granted under the provisions of Article 12.3 (ACCRUED
VACATION), each five (5) years based on the following considerations:
. On January 1, 1987, and January 1, of each fifth year
thereafter, the sick leave records of those employees with
hire dates prior to August 1, 1981, will be audited. Those
employees who have used no more than two hundred twenty (220)
hours of sick leave during the five (5) year period
immediately preceding the audit will be granted five (5) days
vacation to be taken within the twelve (12) month period
immediately following the audit date and in accordance with
the provisions of Article 12 (VACATIONS).
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 36 of 78
. For employees hired after July 31, 1981, their sick leave
records will be audited as of the first day following the
completion of five (5) years and six (6) months of service and
each fifth year following the initial audit. Those employees
who have used no more than two hundred twenty (220) hours of
sick leave during the five (5) year period immediately
preceding the audit will be granted five (5) days vacation to
be taken within the next twelve (12) month period immediately
following the audit in accordance with Article 12 (VACATIONS).
. All unused vacation accumulated under the provisions of this
sick leave bonus plan shall be paid at termination of
employment as provided under Article 12.6 (UNUSED VACATION)
except that no pro rata of vacation entitlements will be
allowed for time periods of less than five (5) years.
13.5 LIGHT DUTY: Injured employees who are temporarily unable to perform
the functions of their own jobs but are capable of performing light
duty work shall be released for light duty assignments either within
their own department or another area of the Company where work is
available. In the interest of effective case management, the light
duty work program shall be administered by the human resources
department. Employees working in light duty assignments shall be
eligible for a percentage of their base pay according to the
following schedule:
. 100% of base for the first fourteen (14) calendar days
. 95% of base for the second fourteen (14) calendar days
. 90% of base for the third fourteen (14) calendar days
. 85% of base thereafter
Employees who are injured on the job and are unable to perform their
regular duties indefinitely due to partial disability, may be subject
to the provisions outlined in Article 14.3 (JOB INCURRED
INJURY/PARTIALLY DISABLED EMPLOYEES).
13.6 RE-OPENER: The Company and Union may reopen the issue of salary
protection relative to sick leave and address common interests at a
future date. The request to discuss these issues will be made in
accordance with the provisions of Article 17 (TERM OF AGREEMENT).
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 37 of 78
ARTICLE NO. 14
Employee Benefit Plans
14.1 GENERAL: The Nevada Power Company Self-Funded Medical Benefit Plan
shall be incorporated, by reference, into the Agreement for purposes
of establishing the levels of benefits for each of these plan
features:
. loss of time
. medical expense
. vision expense
. dental expense
. life insurance and accidental death and dismemberment
The Company agrees to maintain all of these benefits for eligible
employees and will provide medical expense, vision expense, and
dental expense coverage for eligible dependents for the life of this
Agreement. The Company reserves the right to select any insurance
carrier or to self insure for all or any portion of these benefits.
PRESCRIPTIVE DRUG BENEFIT: The Company will provide to all eligible
-------------------------
employees and eligible dependents the prescription card service (PCS)
which is a discounted prescription drug service that allows
participants to obtain prescription drugs through preferred
pharmaceutical outlets. A service fee of ten dollars ($10.00) per
trade name prescription or five dollars ($5.00) for generic
prescription will be charged by the druggist. No claim forms need to
be presented.
The prescriptive drug benefit will continue to allow all eligible
employees and dependents to obtain up to three (3) months of
maintenance prescription drugs by mail. A service fee of $3.00 per
prescription ($1.00 for generic) is charged, and claim forms need not
be presented for these drugs.
TERM LIFE INSURANCE: The Company will continue to provide a
-------------------
supplemental life insurance program that allows employees desiring
such coverage to purchase term life insurance for their dependents or
additional life insurance for themselves at group rates. Such life
insurance premiums will be paid for by the employees through payroll
deduction. All administrative expenses, exclusive of carrier expense
normally absorbed in the rates, will be paid by the Company.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 38 of 78
DENTAL BENEFIT: The Company will continue to provide a dental care
--------------
benefit, expanded to include a dental PPO (effective January 1, 1994)
and an orthodontic benefit (effective April 1, 1994), for all
eligible employees and dependents. Coverage includes the following:
. Maximum payable per year is $1,000 per person.
. Preventative care is covered 100%, with the deductible waived.
. All other treatments are covered at the rate of 80/20 and are
subject to the dental exclusions noted in the Nevada Power
Company Self-Funded Medical Benefit Plan. Covered treatments
are also subject to a $25 per person deductible.
VISION BENEFIT: A vision care program will continue to be available
--------------
for eligible employees and eligible dependents. Effective February 1,
1994, this plan covers professional services; examinations every
twelve (12) months, lenses every twelve (12) months if needed, frames
every twelve (12) months if needed, with a deductible amount of
twenty-five dollars ($25.00) to be paid by the employee for each
covered examination and fitting. The vision care program also
provides one pair of prescription safety glasses to employees whose
job duties require eye protection in accordance with the Company's
established safety standards, once every twelve (12) months, if
needed, with a deductible amount of twenty-five dollars ($25.00) to
be paid by the employee.
BENEFIT ELIGIBILITY: Eligible employees are all employees who have
-------------------
satisfied the requirements defined in Article 5 (STATUS OF EMPLOYEES)
of this agreement. Eligible dependents are those dependents of
eligible employees which meet the definitions of dependents as
contained in the Nevada Power Company Self-Funded Medical Benefit
Plan referenced above.
EMPLOYEE CONTRIBUTIONS: Employee contributions are defined below.
----------------------
These rates are the maximum rates which employees would be required
to pay. They reflect a ninety/ten (90/10) cost sharing arrangement
between the Company and its employees. The rates listed below define
a maximum increase of ten percent (10%) from the previous year's
contribution. If the actual experience of the medical plan reflects
an increase of less than ten percent (10%), the monthly contributions
will be reduced to reflect an accurate cost sharing arrangement. If
the actual experience of the medical plan reflects an increase of
greater than ten percent (10%), the Company will absorb that
percentage increase. The Company will communicate the actual monthly
contribution no later than December 1st for the following year. The
rate listed for 1994 will be effective August 1, 1994 and remain
until January 1, 1996. The monthly contributions will change on
January 1st of each subsequent year.
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Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 39 of 78
------------------------------------------------------------------------
MONTHLY CONTRIBUTIONS
------------------------------------------------------------------------
8/1/94 thru 1/1/96 1/1/96 thru 1/1/97
HMO NPC Plan HMO NPC Plan
(Option C) (Option A/B) (Option C) (Option A/B)
----------------------------------------------------------------------------------------------------------
Employee Only 32 24 35 26.50
----------------------------------------------------------------------------------------------------------
Employee & Spouse 65 49 71.50 54
----------------------------------------------------------------------------------------------------------
Employee & Children 59 44 65 48.50
----------------------------------------------------------------------------------------------------------
Employee, Spouse & Children 97 72 106.50 79
----------------------------------------------------------------------------------------------------------
Deductible/Co-Insurance Limit 250/4000 300/4500
----------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------
1/1/97 thru 1/1/98 1/1/98 thru 1/1/99
HMO NPC Plan HMO NPC Plan
(Option C) (Option A/B) (Option C) (Option A/B)
----------------------------------------------------------------------------------------------------------
Employee Only 38.50 29 42.50 32
----------------------------------------------------------------------------------------------------------
Employee & Spouse 78.50 59.50 86.50 65.50
----------------------------------------------------------------------------------------------------------
Employee & Children 71.50 53.50 78.50 59
----------------------------------------------------------------------------------------------------------
Employee, Spouse & Children 117 87 128.50 95.50
----------------------------------------------------------------------------------------------------------
Deductible/Co-Insurance Limit 350/5000 400/5500
----------------------------------------------------------------------------------------------------------
PRE-TAX ACCOUNT: The Company will continue to provide a pre-tax
---------------
health care contributions account for employees to reduce their
taxable income by the amount of their health care contribution.
OPTIONS A, B AND C:
------------------
The Company will continue to permit employees to select between the
following health care plan options to be effective by August 1, 1994:
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Option A:
. 80/20 Co-insurance factor
. $4000.00 Co-insurance limit
. $250.00 Individual deductible
. Family deductible (Employee & Spouse; Employee & Children;
Employee, Spouse & Children) equal to two (2) times the
individual deductible
. Hospital deductible - $300.00. The hospital deductible shall
be increased to $400.00 effective January 1, 1997.
Option B:
PREFERRED PROVIDER PROGRAM: The Company will continue its Hospital
---------------------------
Preferred Provider Organization (HPPO) for voluntary employee
participation, which includes a minimum of three hospitals in the Las
Vegas, Nevada area. Employees who elect to utilize a PPO hospital
will receive reimbursement of hospital expenses at the rate of 90/10
and the hospital deductible will be waived.
The Company will continue its Physician Preferred Provider
Organization (PPPO) for voluntary employee participation, which
includes a minimum of 400 physicians in Southern Nevada. An employee
who elects to utilize a PPO physician will pay a service fee in
accordance with the PPO medical expense benefit schedule incorporated
in the Nevada Power Company Self-Funded Medical Benefit Plan
referenced above. No claim forms need to be filed and the PPO
physician will bill the Company for the remainder of the office visit
charge.
HOSPITAL DEDUCTIBLE: The hospital deductible will be waived for those
--------------------
employees who reside more than fifty (50) miles from a PPO hospital
and use a local hospital which is not a PPO hospital. However,
employees who elect to travel to Las Vegas and use a non-PPO hospital
will pay the hospital deductible and receive reimbursement for
hospital charges at the 80/20 rate.
MENTAL HEALTH BENEFIT: The Company will include outpatient mental
----------------------
health counseling in its comprehensive medical plans, subject to
utilization review. The lifetime benefit for mental health and
substance abuse rehabilitation will be limited to $50,000. The
accumulation towards this lifetime limit will begin no later than
August 1, 1994.
Option C:
HEALTH MAINTENANCE ORGANIZATION: The Company will continue to permit
--------------------------------
eligible employees to enroll in a Health Maintenance Organization
plan (HMO) for the purpose of providing comprehensive medical and
prescription drug coverage.
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GENERAL BENEFIT PROVISIONS:
---------------------------
. Effective August 1, 1994, the lifetime maximum medical benefit
will be increased to $1,000,000.
. Effective August 1, 1994, mandatory utilization review will be
instituted for a variety of in-patient and out-patient
services. Employees who fail to receive the appropriate
pre-authorization for these services will receive a fifty
percent (50%) reimbursement, in lieu of the stated
reimbursement percentage.
. Effective August 1, 1994, all benefits are subject to the
deductible and/or co-pay plus percentage, thereby eliminating
any first dollar coverage.
. Effective August 1, 1994, the Nevada Power Company Self-Funded
Medical Benefit Plan will pay benefits only to the percentage
of coverage under its plan. It will not provide reimbursement
beyond the stated coverage in this plan, if it is the
secondary provider to another group health plan.
. Effective April 1, 1994, an orthodontic benefit of $1,500 will
be provided.
. Effective January 1, 1994, a dental PPO will be established.
. Effective August 1, 1994, a hearing aid benefit of $500 every
five (5) years will established for the employee only.
DEPENDENT CARE ACCOUNT: The Company will continue its flexible
------------------------
spending account program that allows pre-tax funding of dependent
care and child care expenses.
14.2 JOB INCURRED INJURIES/SALARY PROTECTION: Any employee who suffers a
job incurred injury during the term of this Agreement and who is
awarded temporary total compensation benefits as defined in the
Nevada Industrial Insurance Act shall receive supplemental disability
payments in such amounts and under such conditions as described
below:
. The combined amount of disability compensation to which the
employee is entitled under any federal, state, and local law,
and from the Company shall not exceed the percent of the
employee's weekly earnings, from the table listed below, where
such earnings are computed at the employee's regular rate for
a forty (40) hour, seven (7) day period.
. Supplemental payments shall be made for the first day
recognized by the State Industrial Insurance System (SIIS),
and shall terminate with the date of the last day of
disability recognized by the SIIS, as evidenced by the
remittance portion of the disability check from the SIIS,
which must be presented to the Company, for a maximum period
of benefits as defined in the following schedule of benefits,
for any one accident regardless of the various periods of
disability which may be compensated for the one accident.
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MAXIMUM PERCENT OF
LENGTH PERIOD OF BASE
OF SERVICE BENEFITS EARNINGS
---------- -------- --------
6 months 13 weeks 55
5 years 26 weeks 60
10 years 52 weeks 65
15 years 60 weeks 70
20 years 65 weeks 75
. For a job incurred disability of less than five (5) days which
does not qualify for SIIS compensation, employees must use any
accrued sick leave, and upon exhaustion of such accrued sick
leave shall receive disability benefits as defined above .
. No supplemental disability payments shall be made for any
disabling accident caused by the injured employee's violation
of any safety rule.
. Any employee who performs activities for which compensation is
received or which exceed the scope of the prescribed physical
limitation pertaining to such disability while receiving
disability compensation described in this section, shall
forfeit his entitlement to all disability benefits and his
employment shall be terminated.
14.3 JOB INCURRED INJURY/PARTIALLY DISABLED EMPLOYEES: When, in the
opinion of the Company's doctor after consultation with the
employees' doctor, regular employees with at least one (1) year of
Company service cannot perform their regular work because of partial
disability, but can perform other work, the following plan shall be
applicable:
Each case shall be considered on its merits by a committee consisting
of the Business Manager of the Union and the Director of Employee
Relations, or their designated representative, and two (2) additional
members, one (1) of whom shall be designated by the Union and the
other by the Company. The committee shall have the authority to waive
the seniority and bidding provisions of this Agreement in order to
place the disabled employee, and it shall determine the seniority
rights of such employee. This committee may call on anyone who may be
able to furnish pertinent information.
In no event will this Article apply if the employee's disability
occurs while self-employed or working for others, for remuneration
(except on Union business), or is involved in misconduct or an
extreme violation of Company safety rules.
The panel shall complete an evaluation of the type of work the
employee is able to perform or may be able to perform in the future.
Evaluation of the employee's capabilities may include but shall not
be limited to a physical examination and doctors reports, the
employee's physical and mental ability, willingness to work, and
trainability.
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Depending upon the evaluation of the employee and where necessary and
practical, the Company shall provide job related education and
training. The panel shall also conduct periodic review of these cases
to determine if an employee's condition has changed; if the
employee's condition has changed, the panel will reevaluate the
employee's job assignment.
The panel will determine the job classification which is appropriate
for the work the employee is able to perform, as well as the proper
pay rate, taking into account the new classification pay rate or the
rate indicated on the following schedule, whichever is greater.
Years Of Company Service A Pay Rate That Is Not Less Than
------------------------ --------------------------------
1 to 4 years inclusive 70% base rate when injured
5 to 14 years inclusive 80% base rate when injured
15 to 24 years inclusive 85% base rate when injured
25 years and over 90% base rate when injured
As long as such employee is paid more than the maximum rate for the
job classification in which the employee is placed, the employee
shall receive only fifty (50) percent of any base wage increase or
lump sum payment in lieu of a base wage increase. Such fifty (50)
percent shall be calculated on the employee's personal rate at the
time of the increase.
The placing of a disabled employee in a different job shall not
constitute an increase in the Company's normal work force. However,
the Company may temporarily increase the number of authorized
positions to accommodate an individual when a future vacancy is
clearly defined and recognizable.
If the committee is unable to place an individual in accordance with
these provisions they would be eligible for vocational rehabilitation
training, and benefits through the State Industrial Insurance System.
Upon this determination, the individual's employment with the Company
will be terminated, and any accrued benefits will be paid at the time
of termination.
The parties agree that the provisions of this Article may be
suspended with sixty (60) days written notice, documenting the
reasons for this request and the interests which would need to be
addressed for the continuance of this program.
14.4 SHORT TERM DISABILITY BENEFIT: A regular employee, or a temporary
employee who has worked more than one thousand forty (1040) straight
time hours who shall suffer any disabling illness or injury while not
in work status, shall be entitled to disability payments in such
amounts and under such conditions as described herein:
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. An eligible employee shall be entitled to receive payments not
to exceed the percent of the employee's weekly straight time
earnings, such earnings to be computed on the employee's
regular rate for a forty (40) hour, seven (7) day period, for
a maximum period of benefits at the percent of earnings as
defined in the following schedule of benefits.
MAXIMUM PERCENT OF
LENGTH PERIOD OF BASE
OF SERVICE BENEFITS EARNINGS
---------- -------- --------
6 months* 13 weeks 55
5 years 26 weeks 60
10 years 52 weeks 65
15 years 60 weeks 70
20 years 65 weeks 75
* Employees in this category may be granted up to thirteen (13)
additional weeks of leave without pay for continued
disability.
. No disability payments for an illness shall be made until at
least a three (3) day waiting period has been observed,
however, an employee must use accrued sick leave to satisfy
the waiting period or to extend the waiting period to the
maximum of the amount of accrued sick leave.
. Any female employee who becomes pregnant and is unable to work
shall be entitled to disability benefits under this Article,
as described above, subject to the following conditions. She
must present a document from her attending physician saying
that she is under the doctor's care because of the pregnancy
and is unable to work. The period of the disability shall
begin at least three (3) days after the attending physician
declares the employee disabled and shall end when the employee
is no longer disabled as determined by the attending
physician. Pregnant employees must use all accumulated sick
leave before disability payments will start. A female employee
will not be eligible for pregnancy related disability benefits
except for her own disability. An employee who is on maternity
leave and recovering from disability may request to have her
leave extended for up to three (3) months after termination of
pregnancy for child care or other reasons.
. Any employee who performs activities for which compensation is
received or which exceed the scope of the prescribed physical
limitation pertaining to such disability while receiving
disability compensation described in this section, shall
forfeit their entitlement to all disability benefits and their
employment shall be terminated.
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. Any employee who returns to work in a light-duty status from
short-term disability will not create a new benefit
eligibility until they have had a full-duty release and worked
for thirty (30) calendar days from the time of that release.
If an employee returns to short-term disability without
satisfying this requirement, their short-term disability
benefit will reflect their prior usage and continue until
expiration of such benefits.
. Any employee who is unable to perform the duties of their
position as a result of a non-job-incurred injury, would be
considered for any vacancy for which they are qualified. If
awarded a position in accordance with Article 7 (SENIORITY AND
PROMOTIONS), the employee would receive the appropriate rate
of pay for that position.
. Any employee that exhausts their short-term disability benefit
and is unable to return to work at that time, may request one
unpaid leave of absence for up to ninety (90) days to allow
time for further recuperation or possible vacancies for which
they are qualified. Such employees will be allowed to continue
their medical coverage at the appropriate COBRA rate for this
period of time. If this individual is unable to return to work
at the expiration of this unpaid leave, their employment with
the Company will be terminated and all accrued benefits will
be paid at the time of termination.
14.5 RETIREMENT BENEFIT: The Nevada Power Company Retirement Plan, a
defined benefit pension plan bearing No. 003, including the
amendments dated March 5, 1980, shall be incorporated by reference
into this Agreement. The Company has, since January 1, 1976, been
paying the entire cost of this retirement plan. All participants in
the pension plan which was in effect before January 1, 1976, have and
are guaranteed all accrued benefits under that pension plan as
computed on December 31, 1975.
Effective February 1, 1990, the pension plan was amended to delete
the provision that the selection of a surviving spouse benefit will
revert to a single life annuity if the spouse predeceases the retired
employee.
Effective February 1, 1994, the pension plan will be improved to
provide for early retirement benefit reductions of 5% per year from
age sixty-two (62).
Effective January 1, 1989, the pension plan was changed from a social
security offset plan to a step rate plan. Effective February 1, 1998,
the formula for calculating benefits will be 1.35% of final five-year
average earnings up to Social Security Covered Compensation, plus
1.8% of final five-year average earnings exceeding covered
compensation, times service up to 35 years, plus 1.35% of final
five-year average earnings, times service over 35 years. For this
purpose, final five-year average earnings is the average of the
highest sixty (60) consecutive months of earnings.
Effective February 1, 2001, the formula for calculating benefits will
be 1.365% of final five-year average earnings up to Social Security
Covered Compensation, plus 1.8% of final five-year average earnings
exceeding covered compensation, times service up to 35 years, plus
1.65% of final five-year average earnings, times service over 35
years. For this purpose, final
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five-year average earnings is the average of the highest sixty (60)
consecutive months of earnings.
Effective February 1, 1987, entry into the pension plan shall be on
the first day of the month coincident with, or following completion
of one year of service and attainment of age twenty-one. Participants
in the plan prior to February 1, 1987, shall enter the plan on the
first day of the month coincident with, or following completion of
one (1) year of eligibility service and attainment of age twenty-one,
unless those participants had declined enrollment under the
eligibility rules in effect when they had first become eligible.
Effective February 1, 1987, vesting service shall be measured from
the employee's date of hire or age eighteen, whichever is later. The
Company shall make such modifications in the plan as may be required
by 1) the Internal Revenue Service in order to qualify said benefits
under the applicable provisions of the Internal Revenue Code and/or
related rules and regulations; or 2) any other governmental agency
having jurisdiction. Other modifications may be made as needed but in
no event shall any benefits be reduced during the term of this
Agreement.
401K CONTRIBUTION/COMPANY MATCH: Effective on March 1, 1998, the
Company will provide a matching contribution of 55 cents of the
employee's contribution, to a maximum of 7% of gross income, to the
Nevada Power Company 401k plan. Company contributions will be
invested in Nevada Power Company stock.
Effective on February 1, 1999, the Company will provide a matching
contribution of 60 cents of the employee's contribution, to a maximum
of 7% of gross income, to the Nevada Power Company 401k plan. Company
contributions will be invested in Nevada Power Company stock.
Effective on February 1, 2000, the Company will provide a matching
contribution of 60 cents of the employee's contribution, to a maximum
of 8% of gross income, to the Nevada Power Company 401k plan. Company
contributions will be invested in Nevada Power Company stock.
Effective on February 1, 2001, the Company will provide a matching
contribution of 65 cents of the employee's contribution, to a maximum
of 8% of gross income, to the Nevada Power Company 401k plan. Company
contributions will be invested in Nevada Power Company stock.
14.6 ACCIDENTAL LIFE INSURANCE: All employees covered by this Agreement
will be covered by an accidental death and dismemberment policy in
the amount of $50,000. This policy shall apply only when an employee
is a passenger in an aircraft either fixed wing or helicopter, and
while traveling on Company business. Benefits from this policy shall
be in addition to any other insurance plan.
14.7 LONG-TERM DISABILITY INSURANCE: The Company will provide a long term
disability (LTD) plan by February 1, 1991, to extend disability
benefits at a reduced rate upon termination of benefits described in
Article 14.2 (JOB INCURRED INJURIES/SALARY PROTECTION) or 14.4 (SHORT
TERM
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DISABILITY BENEFIT) above. Premiums for such coverage will be paid
for by the employee, through payroll deduction. All administrative
expenses, exclusive of carrier expense normally absorbed in the
rates, will be borne by the Company.
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ARTICLE NO. 15
Leaves of Absence
15.1 SHORT TERM LEAVES: Provided the needs of the Company will permit,
time off without pay for any period of thirty (30) calendar days or
less may be granted employees upon a written application to their
department head showing good and sufficient reason for such request.
This shall not be construed as a leave of absence without pay, as the
term is used in this Agreement. A leave of absence without pay is
defined as a period of authorized absence from service in excess of
thirty (30) days.
15.2 JUSTIFICATION: Leaves of absence shall be granted to regular
employees for urgent substantial personal reasons, provided adequate
arrangements can be made to take care of the employee's duties
without undue interference with the normal routine of work. Leave
will not be granted if the purpose for which it is requested may lead
to the employee's resignation.
15.3 DURATION: A leave shall commence on and include the first work day on
which an employee is absent and terminate with and include the work
day preceding the day the employee's leave expires. The conditions
under which an employee shall be restored to employment on the
termination of his leave of absence shall be clearly stated by the
Company on the form on which application for leave is made.
15.4 SENIORITY: Except as otherwise provided herein, an employee's
seniority shall not accrue while on leave without pay. However, an
employee's status as a regular employee shall not be impaired by a
leave of absence. Any period of authorized absence without pay for
thirty (30) days or less shall not affect an employee's seniority
status. Upon return from leave, an employee shall return to regular
status.
15.5 UNION OFFICE: The Company shall, at the request of the Union, grant a
leave of absence without pay for four (4) years or less to an
employee who is appointed or elected to any office or position in the
Union whose services are required by the Union. The seniority of an
employee who is granted a leave of absence under the provisions of
this Section shall accrue during the period of such leave. Upon
mutual agreement with the Union, the Company may extend the leave of
the incumbent for additional terms up to four (4) years per request.
The Company will provide medical coverage for this individual at the
single coverage rate. This individual must make the established
monthly employee contribution for health coverage.
15.6 PUBLIC OFFICE: Employees elected or appointed to public office shall
be granted a leave of absence for the duration of such appointment or
election. Such absence shall not affect accrual rates for seniority
purposes; however, sick leave and vacation shall not accrue during
this period and group medical benefits shall be paid by the employee
at the Company's current premium rate.
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15.7 MILITARY LEAVE: A leave of absence shall be granted to employees who
enter the armed forces of the United States, however, any such leave
of absence and the reinstatement of any such employee shall be
subject to the terms of the Selective Training and Service Act of
1940, as amended. Employees who are members of the armed services who
are drafted and are called to active duty shall accrue Company
seniority while they are absent on military duty.
A regular employee, or a temporary employee who has worked more than
one thousand forty (1040) straight time hours, who is a member of the
armed forces reserve units, or the National Guard, and who is
required to attend annual training sessions, will be granted a leave
of absence for the duration of such assignment. In addition, the
Company will pay such employee the amount, if any, by which the
remuneration received from the government is less than the base
straight time earnings the employee would have received for the same
period, not to exceed eighty (80) hours in a calendar year. Such
items as subsistence, travel, uniform and other allowances will not
be included in computing the remuneration received from the
government. The Company will require satisfactory evidence of
attendance and remuneration received.
15.8 FAILURE TO RETURN FROM LEAVE: If employees fail to return immediately
on the expiration of their leave of absence, or if they accept other
employment while on leave, they shall forfeit the leave of absence
and terminate their employment with the Company.
15.9 FUNERAL LEAVE: A regular employee, or a temporary employee who has
worked more than one thousand forty (1040) straight time hours, who
is absent from duty due to a death in the employee's immediate family
will be excused without loss of regular pay for the time required not
to exceed thirty-two (32) hours for making funeral arrangements and
attending the funeral, provided the employee attends the funeral and
furnishes a death certificate to the payroll department within thirty
(30) days. Immediate family shall mean the employee's grandparents,
mother, father, step-mother, step-father, brother, sister, spouse's
grandparents, spouse's parents, spouse's children, spouse, son,
daughter, or grandchildren.
15.10 JURY DUTY: When regular employees, or temporary employees who have
worked more than one thousand forty (1040) straight time hours, are
absent from work in order to serve as a juror or to report to the
court in person in response to a jury duty summons or to report for
jury examination, they shall be granted pay for those hours spent in
such service during their regular work day or regular work week less
the fee or other compensation paid them with respect to such jury
duty. Employees shall furnish the Company with a statement from an
officer of the court setting forth the time and days on which they
reported for jury duty and their compensation due or received for
jury duty.
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15.11 SUBPOENA: If employees are absent from work, in order to serve as a
witness in a case in a court of law to which they are not a party,
either directly or as a member of a class action suit, and where such
absence is in response to a legally valid subpoena or its equivalent,
the employee shall be granted leave with pay for those hours for
which the employee is absent from work during the employee's
regularly scheduled working hours, provided the employee submits
evidence of such service as a witness, detailing the time required to
testify.
15.12 FAMILY LEAVE: Employees who are eligible for benefits but have less
than one year of service with the Company are entitled to forty-five
(45) calendar days of unpaid family leave to use for the birth or
adoption of a child. Vacation pay may be used for a portion of this
leave of absence but will not extend the leave to more than
forty-five (45) days.
15.13 FAMILY AND MEDICAL LEAVE: Employees who are eligible for benefits and
have one year or more of Company service may be entitled to twelve
(12) weeks of unpaid leave in accordance with the Federal Family and
Medical Leave Act of 1993.
ARTICLE NO. 16
Working Rules
16.1 SAFETY GEAR: Rubber gloves, hose, hoods and blankets may be used to
make as safe as possible any work performed on any equipment having
conductors energized in excess of 750 volts, in addition, hot line
tools may be used where applicable. The safety precautions taken by
the crew are the direct responsibility of the foreman in charge. The
Occupational Safety and Health Standards as contained in sub-part "v"
of the Occupational Safety and Health Act (OSHA) shall be considered
minimum standards for work performed on power transmission and
------------------------------------------------------
distribution equipment.
----------------------
16.2 APPRENTICE PROGRAM: The Nevada Power Company Apprenticeship Training
Program, Revision I, dated December 20, 1982, shall be incorporated
by reference into this Agreement and any modifications or amendments
must be handled in accordance with Article 17 (TERM OF AGREEMENT).
Joint apprenticeship programs shall be established by the Company and
the Union. The programs which are to be included in the training
programs require the recommendation of the applicable Joint
Apprenticeship Committee(s) and approval and acceptance by the
President of the Company, and the Business Manager of the Union.
JOINT APPRENTICESHIP COMMITTEE: Each Joint Apprenticeship Committee
------------------------------
shall be composed of an equal number of members appointed by the
Company and the Union, and an apprentice training supervisor
appointed by the Company who will serve as Chairman of the Committees
to develop, coordinate and administer the programs. The Joint
Apprenticeship Committees
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shall have the responsibility for investigating problems of
apprenticeship training such as standards of progress, methods of
testing and scoring progress of apprentices and procedures for
demotion or termination when apprentices fail to meet established
standards or requirements.
The Committee members appointed by the Union shall receive their
regular straight time rate of pay for actual time spent in Joint
Apprenticeship Committee meetings called by the Chairman, but limited
to eight (8) straight time hours in one (1) day.
APPRENTICE/JOURNEYMAN RATIO: The ratio of apprentices to journeymen
---------------------------
shall not exceed one to two (1:2) or a major fraction thereof. The
work performed by apprentices shall be assigned and reviewed by the
appropriate working foreman or designated journeyman, subject to the
approval of the appropriate supervisor.
FIRST YEAR APPRENTICE: An apprentice who has been in the
----------------------
apprenticeship for a period of less than twelve (12) months shall not
be assigned any work which, in the opinion of the immediate
supervisor, is hazardous.
EIGHTEEN (18) MONTH APPRENTICE: Any apprentice who has been in the
------------------------------
apprenticeship for a period of less than eighteen (18) months, shall
not work on conductors energized in excess of seven hundred fifty
volts (750). After that period, the apprentice may work under the
direct supervision of a journeyman on all voltages which, in the
opinion of the immediate supervisor, would not create an undue hazard
at that stage of the training.
APPRENTICE LINEMAN: An apprentice lineman who has completed at least
------------------
twelve (12) months as an apprentice with the Company may be used to
install and maintain private area lighting on existing poles and will
be assisted by a groundman for this work, contrary to language
elsewhere in this Agreement. Private area lighting, which requires
the excavation for an installation of a pole, shall be accomplished
by a special line crew. The assignment of any apprentice to the
private area lighting program shall be on a non-permanent basis and
rotated in accordance with the apprentice program.
16.3 TOOLS, EQUIPMENT AND WORK CLOTHES: An employee shall furnish
initially all tools and equipment which are acceptable to the Company
and necessary for the work to be performed. The Company will furnish
a suitable standard pair of gloves and coveralls bearing Company
identification to a regular employee, when required in the
performance of the employee's work and Company will replace such
gloves and coveralls worn out in the Company service. When a safety
strap or hook strap is worn out in the Company service or is
condemned by the Company, it shall be replaced at no cost to the
employee.
16.4 UPGRADE: When an employee relieves an employee of a higher
classification for two (2) or more hours, the employee shall receive
the rate of pay for the higher classification for the time worked in
the higher classification. However, an employee will not be upgraded
when employees of that
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classification who normally report for work at the same location are
able and available to do the work for which the upgrade is intended.
If a shift employee, for reasons other than a scheduled vacation, is
unable to report to work, an employee (who is on the designated days
off) from the same classification, including relief employees in that
classification, who normally reports for work at the same location
will be called by telephone to cover the vacant shift. If an
employee, who is on the designated days off, holding the same
classification who normally reports for work at the same location is
not available, the employee of the same classification who normally
reports for work at the same location on the previous shift will work
half of the vacant shift and the employee of the same classification
who normally reports for work at the same location on the shift
following the vacant shift will work the remaining half of the vacant
shift. If for any reason these arrangements cannot be made, the
Company may upgrade to cover the vacant shift.
The Company may upgrade a shift employee for scheduled vacations,
provided that all overtime involved from such upgrade be worked by an
employee holding the classification who normally reports for work at
the same location from which the vacation was granted. If the relief
operator is available, that operator may be used to relieve as
described under "Exhibit I (CLASSIFICATION DESCRIPTIONS)".
16.5 SUPERVISORY RESPONSIBILITIES IN EMERGENCY CONDITIONS: It is the
intention of the Company that supervisors shall generally confine
their activities to the supervision of the work or operations being
performed. In certain instances, should emergency conditions arise,
it may be necessary for them to perform those tasks normally assigned
to bargaining unit employees. Under ordinary circumstances, such
instances will very rarely occur, but since the safety of personnel
or Company property may be in jeopardy, it must remain management's
prerogative to determine when conditions require the actions
described above.
In the same manner it is the intention of management that the "chain
of command" be adhered to, by both supervisors and bargaining unit
employees. However, in the case of emergencies, there will be
occasions when it may be necessary for a senior supervisor to bypass
normal chain of command in order to prevent difficulties. Common
sense and good judgment must be exercised in applying these
paragraphs.
16.6 NEW CLASSIFICATIONS/WAGES: Any new rate covering work normally
performed by employees within the bargaining unit shall first be
discussed with the Union and the rate established for such work shall
be that mutually agreeable to both parties.
16.7 REMOVING LETTERS OF DISCIPLINE: Any employee who receives a written
letter of reprimand which is a part of the personnel file maintained
in the Company's Human Resources office may, after three (3) years
from the date of such letter, request in writing to have the letter
removed. Upon such written request, the Company shall remove the
letter and return it to the employee. If the behavior that warranted
the letter has changed or been corrected, the employee's current
supervisor can remove the letter from the employee's
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personnel file by documenting this change in behavior and providing
written authorization to Human Resources.
---------------
16.8 REQUIRED LICENSES, PERMITS, CDLs: Employees required to operate any
motorized vehicle or equipment on public roadways in the normal
course of employment shall be required to possess and maintain all
licenses and permits required by state and/or federal laws. The
Company will provide suitable training to all employees required to
operate equipment or vehicles where a commercial drivers license
(CDL) is required and shall issue a certificate upon satisfactory
completion of the driver training and testing program. Employees who
by their regular work assignments, may be required, as a condition of
employment and Nevada Revised Statue, to maintain an active
commercial drivers license (CDL), shall be provided reasonable time
with pay during their regular working hours, to obtain or renew such
licenses provided such activities are not a result of the employees
violation of any state or federal law or public policy.
16.9 VESSEL CONDITIONS: No unprotected employee will be required to enter
a vessel or compartment where the temperature inside exceeds one
hundred fifty degrees (150o) Fahrenheit.
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ARTICLE NO. 17
Term of Agreement
17.1 DURATION: This Agreement shall take effect on February 1, 1998, and
shall continue in effect for the term February 1, 1998 to February 1,
2002, and shall continue in full force and effect from year to year
thereafter unless written notice of termination shall be given by
either party to the other at least sixty (60) days prior to the end
of the then current term.
17.2 AMENDMENTS: If either party desires to amend this agreement, it shall
give notice thereof to the other party at least sixty (60) days but
not more than seventy (70) days, prior to the end of the then current
term, and the party desiring to amend or revise this Agreement shall
submit to the party so notified a detailed outline of the Articles
and Sections to be amended or revised at the time the notice is
given, except and unless otherwise mutually agreed to by the parties
during this period of notice defined herein. Negotiations on the
amendments or revisions shall take place, so far as possible, in the
sixty (60) day period prior to the end of the then current term.
Failure of the parties to agree on such proposed amendment or
revision shall not cause termination of this Agreement unless either
party has given notice of termination as provided in Section 1 above.
17.3 PROVISIONS IN CONFLICT WITH THE LAW: In the event that any provision
of this Agreement shall at any time be made invalid by applicable
legislation, or be declared invalid by any court of competent
jurisdiction, such action shall not invalidate the entire Agreement,
it being the express intention of the parties that all other
provisions not made invalid shall remain in full force and effect.
17.4 CHANGE IN COMPANY STATUS: This Agreement shall be binding upon the
successors and assigns of the Company, and no provisions, terms or
obligations herein contained shall be affected, modified, altered or
changed in any respect whatsoever by the consolidation, merger, sale,
transfer, reorganization or assignment of the Company, or by any
change in the legal status, ownership or management thereof.
17.5 EFFECTIVE DATE OF AGREEMENT: It is mutually agreed by and between the
parties signatory hereto that the Agreement dated February 1, 1990,
is superseded by this Agreement dated as of February 1, 1994. Except
as otherwise expressly provided herein, the provisions of this
Agreement shall be effective February 1, 1994.
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In witness whereof, the parties hereto have executed this Agreement on January
30, 1998.
Local Union #396 of the International
Brotherhood of Electrical Workers (AFL-CIO)
_____________________________________________________________
Jim C. Anzinger
Business Manager and
Financial Secretary, IBEW Local 396
_____________________________________________________________
Gloria Banks Weddle
Vice President,
Human Resources and Corporate Services
NEGOTIATING COMMITTEES
----------------------
IBEW, Local No. 396 Nevada Power
------------------- ------------
Jim Anzinger Gloria Banks Weddle
Steve Hitchcock Dan Potter
Vanessa Farias
Trudy Haszlauer
Flory Marzan
Jose Villa
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EXHIBIT I
CLASSIFICATION DESCRIPTIONS
(Alphabetical)
APPRENTICE EQUIPMENT MECHANIC
Assists the equipment mechanic while undergoing training for the journeyman
level. Does such work as tuning motors, adjusting valves and ignitions, cleaning
fuel systems and radiators, adjusting clutches, brakes and carburetors, tests
compression of oil and fuel pressure.
APPRENTICE ELECTRICAL TECHNICIAN
Assists the steam plant electrician while in training for journeyman. Assists
the journeyman in the installation, maintenance, repair and testing of
electrical equipment in a generating station, and may be required to perform
other duties as assigned.
APPRENTICE INSTRUMENT TECHNICIAN
Will assist the journeyman instrument technician while training for journeyman.
Renews and calibrates gauges and control devices on control boards; repairs and
calibrates transmitters, receivers, and control drives; and does other repair
work as directed by journeyman instrument technicians while learning trouble
shooting techniques for electronic, solid state and pneumatic instrument
servicing. Will perform additional duties as required by the instrument and
control supervisor.
APPRENTICE MECHANICAL TECHNICIAN / MACHINIST
Assists the machinist while in training for journeyman; assists the journeyman
in precision work on any type of machine as well as work on the floor in tearing
down, repairing and placing into operation any plant equipment and may be
required to perform other duties as assigned.
APPRENTICE MECHANICAL TECHNICIAN / MECHANIC
Assists the mechanic while in training for journeyman; assists the journeyman in
doing general mechanic work associated with installing or repairing any plant
equipment, and will be required to work with other journeymen to learn basic
rigging, machining and welding, and may be required to perform other duties as
assigned.
APPRENTICE MECHANICAL TECHNICIAN / WELDER
Assists the welder while in training for journeyman; assists the journeyman in
performing all types of gas or electrical welding, and may be required to
perform other duties as assigned.
ASSISTANT CONTROL OPERATOR
Assists the control operator during operational emergencies, startups, shutdowns
and fuel changes. The primary function will be the manual and control work
involved in the light-off and shutdown of boilers, start-up and shutdown of
turbines and operational procedures required in changing of fuels. May also be
required to operate any or all plant mechanical or electrical equipment as
directed. Must be familiar with the trip functions and testing of all equipment
and keep records and logs as required. When necessary, will work as part of the
maintenance crew during plant shutdowns, or any emergency when necessary, may be
required to work in any position in the plant.
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Employees will perform any and all tasks for which they are properly trained and
can competently and safely perform.
AUXILIARY OPERATOR
Assists control operator in all phases of operations. Inspects and operates
plant auxiliary equipment and water treatment equipment at water treatment
plant. Monitors and reads guages, meters, and water treatment control panels to
make adjustments that ensure equipment is operating properly. Does switching in
and out of breakers. Performs good housekeeping as a matter of clean and safe
operations. When necessary will work as part of the maintenance crew during shut
downs. Leaves shift upon proper relief and performs other duties as required.
Employees will perform any and all tasks for which they are properly trained and
can competently and safely perform.
COAL YARD EQUIPMENT OPERATOR
Operates and maintains all equipment assigned to the coal yard including
railroad locomotives and cars, shakers, conveyors, separators, feeders and
crushers and such other supplemental equipment as may be assigned to the coal
yard. Will be required to work intermittently in any other classification when
assigned. Employees will perform any and all tasks for which they are properly
trained and can competently and safely perform.
CONTROL OPERATOR
Operates the controls of gas, oil or coal fired boilers and auxiliaries such as
boiler feed water and other pumps, compressors, condensers, fan motors and all
other equipment necessary for the operations of the plant. Clears boilers,
generating units and auxiliaries during outages, cooperates with the system
dispatcher's relative to load voltage changes, frequency and switch
requirements, adjusting controls of generating equipment according to operating
conditions and synchronizes the equipment with the system; maintains daily
operating log, a record of all dispatcher and trouble calls, and visitors
record; maintains in a clean and orderly manner control room, all equipment and
panels; informs his relief fully on existing and preceding operating conditions
of the plant and system; acts as part of overhaul crew during plant shutdown, or
any emergency when necessary, may be required to work in any position in the
plant. Employees will perform any and all tasks for which they are properly
trained and can competently and safely perform.
ELECTRICAL/INSTRUMENT TECHNICIAN
GENERATION TECHNICIAN
Employees will perform any and all tasks for which they are properly trained and
can competently perform at the intermediate level in generation classifications.
The ratio should not exceed 1 Generation Technician for 4 Maintenance Journeymen
(1:4).
LABORATORY TECHNICIAN
The laboratory technician is directly responsible for all phases of chemical
analysis and the treatment of all waters in the plant vital to the production of
steam. Must perform daily analysis on the plant's boiler water, feed water and
cooling water systems and
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implement proper treatment to control corrosion or scale formation in all water
pipe systems and to insure steam purity. The laboratory technician must have a
thorough knowledge of Zeolite softeners, mixed bed demineralizers, chlorine
room, and clarifier operation. Takes monthly inventory of all chemicals and
chemical supplies throughout the plant and laboratory and makes analysis
standards and plots graphs for control limits on all chemically treated water as
directed. Unloads caustic, acid and chlorine and maintains a supply of chemicals
inside the plant as necessary. The laboratory technician at gas fired plants
will calibrate all conductivity meters and replace corrosion coupons and will
perform additional duties as required. Employees will perform any and all tasks
for which they are properly trained and can competently and safely perform.
The laboratory technician at a coal fired plant will sample and perform analysis
of coal at that plant. Sampling and analysis include collection of the sample,
riffling, pulverizing, and actual burning of the sample in the bomb calorimeter.
Analysis of the sample includes determination of the external moisture, internal
moisture, percent of ash, BTU's per pound, percent of sulfur and ash fusion.
Performs normal housekeeping duties to insure a clean laboratory and recommends
chemical supplies and materials to insure an adequately supplied laboratory.
LEAD
In the absence of appropriate supervision and when directed, leads, assists, and
works with other departmental personnel to ensure the efficient operation of
related activities. May be required to develop schedules, direct work
assignments, prepare job related reports, complete other administrative duties,
function in a journeyman capacity, and perform other work as needed. Employees
will perform any and all tasks for which they are properly trained and can
competently and safely perform.
LINES GROUNDMAN
Assists a lineman in a crew in the laboring work involved in the setting up of
overhead transmission lines and overhead and underground distribution lines;
digs holes; clears rights-of-way; handles tools and materials; steadies poles as
they are raised by winch and tamps dirt around the pole to hold it in place:
passes work tools, equipment and material from ground to lineman on the poles;
may be required to drive a truck; may be permitted to climb. A groundman shall
be permitted to climb only in established training sites which are not energized
and may be required to perform other duties as assigned.
MAINTENANCE TECHNICIAN
Performs a variety of skilled work including operating equipment, insulating,
painting, lubricating and carpentry. Will be required to perform any of the
above tasks if necessary. May be required to assist or perform work in any lower
classification. Employees will perform any and all tasks for which they are
properly trained and can competently and safely perform.
MAINTENANCE UTILITY TECHNICIAN
Does unskilled work as necessary; keeps journeyman or apprentice supplied with
tools, materials, and supplies while assisting with a specific job; cleans
working area and equipment. Operates other special equipment including
jackhammer as required and drives truck or pickup in performance of duties. A
maintenance utility technician shall not displace an apprentice or a journeyman
or generation technician. Employees will
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perform any and all tasks for which they are properly trained and can
competently and safely perform.
MATERIAL SPECIALIST
Performs manual and clerical duties in connection with receiving, storing and
issuing supplies, tools, and equipment; unloads and unpacks incoming materials;
places, shelves and racks stock of machine, hand and construction tools;
measures, counts, cuts, crates, marks and stencils materials, supplies, tools
and equipment; keeps the premises clean; drives a car or pickup in local
purchases of materials and equipment. Operates special pole yard crane to
receive, load and unload poles, large transformers and cable reels, switches and
other heavy equipment, and determines location and reordering of same.
Supervises the orderly accumulation and removal of scrap materials in the pole
yard.
MATERIAL UTILITY TECHNICIAN
Performs unskilled and semi-skilled labor as necessary. Keeps warehouse and
outside areas clean. May operate forklift for loading and unloading of materials
for deliveries. Drives warehouse vehicles for material deliveries and local
purchases of material and equipment. Two hours minimum upgrade if material is to
be purchased during town run. Must be able to obtain a CDL within 90 days of
hire date. May assist Material Specialist in putting away material and loading
material for crews. The ratio should not exceed 1 Material Utility Technician
for 7 Material Specialists (1:7). A material Utility Technician shall not
displace a Material Specialist.
MECHANIC SPECIALIST
Maintains all types of construction and transportation equipment and
accessories. Diagnoses mechanical, hydraulic and electrical problems, makes and
recommends repairs. Designs equipment modifications. Constructs and installs
parts and similar apparatus, including booms and winches, to accommodate the
required changes. Performs pressure and structural welding, operates metal
lathes, and other precision machinery, and does other related mechanical work as
required.
MECHANICAL TECHNICIAN / MACHINIST
Must be able to do precision work on any type machine as well as actual work on
the floor in tearing down, repairing and putting into operation any plant
equipment. Will be required to work intermittently in any of the maintenance
classifications if necessary. Employees will perform any and all tasks for which
they are properly trained and can competently and safely perform.
MECHANICAL TECHNICIAN / MECHANIC
Capable of doing general mechanical work attached to installing or repairing any
plant equipment, be familiar with work on high pressure boilers and their
auxiliaries. Will be required to work intermittently in any of the maintenance
classifications if necessary. Employees will perform any and all tasks for which
they are properly trained and can competently and safely perform.
MECHANICAL TECHNICIAN / WELDER
Performs all types of high pressure, gas and electrical welding and layout and
must have satisfactorily completed welding tests as designed by, and in
accordance with, state boiler safety requirements for high pressure vessels
operated by the Company. Will be required to work intermittently in any of the
maintenance classifications if
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necessary. Employees will perform any and all tasks for which they are properly
trained and can competently and safely perform.
RELIEF ASSISTANT CONTROL OPERATOR
Performs the duties of an assistant control operator as described in this
Exhibit I. The relief assistant control operator shall be assigned to any shift
other than the usual schedule for purposes of providing relief to, or coverage
for an absent assistant control operator. Employees will perform any and all
tasks for which they are properly trained and can competently and safely
perform.
RELIEF AUXILIARY OPERATOR
Performs the duties of an auxiliary operator as described in this Exhibit I. The
relief auxiliary operator shall be assigned to any shift other than the usual
schedule for purposes of providing relief to, or coverage for an absent
auxiliary operator. Employees will perform any and all tasks for which they are
properly trained and can competently and safely perform.
RELIEF CONTROL OPERATOR
Performs the duties of control operator as described in this Exhibit I. The
relief control operator shall be assigned to any shift other than the usual
schedule for purposes of providing relief to, or coverage for an absent control
operator. Employees will perform any and all tasks for which they are properly
trained and can competently and safely perform.
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EXHIBIT II
SCHEDULE OF WAGE RATES
Newly Newly
Existing Existing Effective Hired Hired
EMPL. EMPL. 7/15/99 Empl. Empl.
Effective Effective Effective Effective
CLASSIFICATIONS: 1/31/2000 1/29/2001 1/31/2000 1/31/2000
MATERIALS
Lead Material Specialist 24.56 25.30 20.13 20.13 20.75
Material Specialist
1/st/ six months 20.67 21.29 16.45 16.95 17.46
2/nd/ six months 21.46 22.10 17.08 17.60 18.12
Thereafter 22.33 23.00 17.78 18.31 18.86
(Red Circle) 23.02 23.71 18.33 18.88 19.44
Warehouse Utility Technician
1/st/ six months 15.33 15.79 12.20 12.57 12.95
2/nd/ six months 15.92 16.40 12.68 13.05 13.45
Thereafter 16.51 17.00 13.14 13.54 13.94
GENERATION
Lead Coal Yard Operator 28.07 28.91 22.35 23.02 23.71
Lead Laboratory Technician 27.56 28.39 21.94 22.60 23.28
Maintenance Technician
1/st/ six months 18.27 18.82 14.55 14.98 15.43
2/nd/ six months 18.87 19.43 15.02 15.47 15.93
3/rd/ six months 19.45 20.04 15.49 15.95 16.43
4/th/ six months 20.05 20.65 15.96 16.44 16.93
5/th/ six months 20.63 21.25 16.42 16.92 17.43
6/th/ six months 21.23 21.87 16.90 17.41 17.93
Thereafter* 21.81 22.47 17.37 17.88 18.43
(Red Circle) 24.67 25.41 19.64 20.23 20.84
(Red Circle) 25.12 25.88 20.00 20.60 21.22
(Red Circle) 27.05 27.87 21.54 22.18 22.85
Lead 30.36 31.27 24.17 24.90 25.64
Mechanical Technician/Machinist 27.62 28.45 21.98 22.65 23.33
(Red Circle) 30.12 31.02 23.98 24.70 25.44
Mechanical Technician/Mechanic 27.62 28.45 21.98 22.65 23.33
(Red Circle) 30.12 31.02 23.98 24.70 25.44
Mechanical Technician/Welder 27.62 28.45 21.98 22.65 23.33
(Red Circle 30.12 31.02 23.98 24.70 25.44
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Newly Newly
Existing Existing Effective Hired Hired
Empl. empl. 7/15/99 Empl. Empl.
Effective Effective Effective Effective
CLASSIFICATIONS: 1/31/2000 1/29/2001 1/31/2000 1/29/2001
Electrical/Instrument Technician 27.62 28.45 21.98 22.65 23.33
(Red Circle) 30.12 31.02 23.98 24.70 25.44
(Red Circle) 30.73 31.65 24.46 25.20 25.95
Coal Yard Equipment Operator 25.53 26.30 20.33 20.93 21.57
Relief Control Operator 28.62 29.48 22.79 23.47 24.17
Control Operator
1/st/ six months 27.16 27.98 21.62 22.27 22.94
Thereafter 27.95 28.79 22.25 22.92 23.61
Relief Assistant Control Operator 25.75 26.52 20.50 21.12 21.75
Assistant Control Operator
1/st/ six months 24.37 25.10 19.40 19.98 20.58
Thereafter 25.09 25.84 19.98 20.57 21.19
Relief Auxiliary Operator 24.57 25.31 19.57 20.15 20.75
Auxiliary Operator
1/st/ six months 23.29 23.99 18.54 19.10 19.67
Thereafter 23.93 24.65 19.05 19.62 20.21
Apprentice Mechanical (Machinist, Mechanic, Welder)
Apprentice Electrical/Instrument Technician
1/st/ six months 20.51 21.13 16.33 16.82 17.33
2/nd/ six months 21.34 21.98 16.99 17.50 18.02
3/rd/ six months 22.07 22.73 17.56 18.10 18.64
4/th/ six months 22.83 23.51 18.19 18.72 19.28
5/th/ six months 23.60 24.31 18.79 19.35 19.93
6/th/ six months 24.35 25.08 19.38 19.97 20.57
7/th/ six months 25.12 25.88 20.00 20.60 21.22
8/th/ six months 25.88 26.66 20.61 21.22 21.86
Thereafter* 27.62 28.45 21.98 22.65 23.33
Laboratory Technician
1/st/ six months 20.51 21.13 17.91 16.81 17.33
2/nd/ six months 23.34 24.04 18.58 19.14 19.71
3/rd/ six months 24.20 24.92 19.26 19.84 20.43
Thereafter 25.09 25.84 19.98 20.57 21.19
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NEWLY NEWLY
Existing Existing HIRED HIRED
Empl. Empl. EMPL. EMPL.
Effective Effective EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 1/31/2000 1/29/2001 1/31/2000 1/29/2001
Maintenance Utility Technician (Red Circle)
1/st/ six months 14.94 15.39 14.94 15.39
2/nd/ six months 15.45 15.91 15.45 15.91
3/rd/ six months 15.94 16.42 15.94 16.42
4/th/ six months 16.55 17.05 16.55 17.05
5/th/ six months 17.20 17.72 17.20 17.72
6/th/ six months 17.85 18.39 17.85 18.39
Thereafter 18.47 19.02 18.47 19.02
(Red Circle) 20.12 20.73 20.12 20.73
Maintenance Utility Technician
1/st/ six months 11.20 11.53 11.20 11.53
2/nd/ six months 11.79 12.15 11.79 12.15
3/rd/ six months 12.38 12.75 12.38 12.75
4/th/ six months 12.98 13.36 12.98 13.36
5/th/ six months 13.56 13.97 13.56 13.97
6/th/ six months 14.14 14.57 14.14 14.57
Thereafter 14.74 15.18 14.74 15.18
Trainer - Power Delivery 30.36 31.27 24.90 25.64
* Subject to satisfactory completion of apprentice program.
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EXHIBIT III
International Brotherhood of Electrical Workers
Local Union No. 396
CHECK OFF AUTHORIZATION
I, _____________________________________________________________, herewith
(print name) (employee no.)
authorize Nevada Power Company to deduct initiation and/or reinstatement fees
and monthly dues owing to the Union, in accordance with the Constitution and By-
Laws of the Union, and direct such amounts so deducted be sent to the Secretary-
Treasurer of the Union for and on my behalf.
When the full amount of the initiation or reinstatement fee has been
withheld from my earnings, such authorization for deduction of initiation or
reinstatement fee only shall be null and void, and shall thereafter have no
further force or effect.
This authorization shall be irrevocable for the period of the applicable
agreement between the Union and the Company, or for one (1) year, whichever is
lesser, and shall automatically renew itself for successive yearly or applicable
agreement periods thereafter, whichever is lesser, unless I give written notice
to the Union, registered, Return Receipt Requested, of my desire to revoke the
same. The Union will notify the Company on a biweekly basis if necessary of
those employees who wish to revoke this deduction; such deductions will cease in
the pay period following receipt of such notice from the Union.
It is recognized that neither the Company nor the Union shall be under any
liability to me, the undersigned, with respect to the deductions provided
herein.
Signed __________________________________________________________________
Date ____________________________________________________________________
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EXHIBIT IV
SICK LEAVE AGREEMENT
INTRODUCTION
The Union agrees to share the responsibility in protecting the sick leave plan
from abuses by any of its members, recognizing that the plan is intended to
provide pay coverage under situations of actual need.
MEDICAL ATTENTION
Sick leave may be used for obtaining medical information or treatment including
exams or treatments for care of the eyes or teeth of eligible employees. Such
absences should be approved in advance where possible and limited to the time
necessary for treatment or examination or recovery.
ALCOHOL AND DRUG ABUSE
An employee who seeks professional treatment to correct a problem of excessive
use or dependence on a alcohol or other controlled substances will be placed on
medical leave of absence for such treatment. Available unused sick leave may be
used while under professional treatment. Arrangements for treatment must be made
with the EAP Provider and the Company and such treatments will be kept as
confidential as possible. Employees who receive such treatment will be expected
to observe all conditions and attend all meetings which are required as part of
the total rehabilitation program. Evidence of abstinence may be required as a
follow-up and negative findings may result in termination.
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EXHIBIT V
TEMPORARY LAYOFF PROVISIONS
The following provisions shall apply relative to a temporary layoff, as
referenced in Article 5.4 (LAYOFF PROVISIONS):
NOTIFICATION: Should the Company initiate a temporary layoff, affected employees
shall be notified in writing as soon as possible, and will have three (3) days
to indicate their interest for consideration in the layoff.
ELIGIBILITY: Temporary layoffs, out of line of seniority, shall be strictly
voluntary. If there are more volunteers than needed within a classification,
selection shall be determined by highest Company seniority of the interested
employees. If two (2) or more employees have the same Company seniority date,
the highest score on the most recent performance appraisal will break the tie.
If there are no volunteers, the Company shall explore other alternatives that
may satisfy the temporary layoff situation.
TIME FRAME: A temporary layoff shall be for the stated time period or less, as
indicated in writing at the time of notification. If, during the temporary
layoff, the Company recognizes that the layoff may extend beyond the original
time frame, employees in layoff status shall be given the option to extend or
return to work. If the temporary layoff ends before the stated time frame,
employees will be notified immediately, and expected to return to work the next
day unless other arrangements are approved by management.
PAY: Employees shall be paid approximately 70% of their current income, which
includes income received from unemployment compensation as a result of the
layoff. The following formula shall be used to calculate an employee's gross
wages while on temporary layoff:
Base rate x 40 Hrs. x 70% - Unemployment Income = Weekly Gross Wages
For the purpose of this calculation, the unemployment compensation amount will
be subtracted to arrive at gross wages even if the employee does not receive
this benefit. The exception to this provision will be for the first week of the
temporary layoff, when employees will be required to serve a waiting week for
unemployment compensation. For this initial week, employees will be paid 70% of
their base rate.
VACATION: No adjustment to vacation accrual shall be made during the first sixty
(60) calendar days of a temporary layoff. However, once the sixty (60) day
period has elapsed, an employee's vacation accrual shall be adjusted and treated
as any other leave, as outlined in Article 12.4 (VACATION ADJUSTMENTS). If
employees are in layoff status and unable to use their vacation allotment for
that year, the unused vacation shall be automatically carried over to the next
year.
SICK LEAVE: Employees shall continue to accrue sick leave monthly, as if they
were working. However, employees will not be eligible to use sick leave or
short-term disability during the period for which they are on temporary layoff.
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HOLIDAYS: Employees shall not be entitled to holiday pay while on temporary
layoff. The only situation that would warrant holiday pay is if they began or
were recalled from temporary layoff during the week of a holiday.
EXAMPLE
-------
If the temporary layoff begins on Tuesday of a week with a Monday
holiday, the employee would receive holiday pay for that day.
These provisions do not apply to the floating holiday, as the employee would be
allowed to reschedule the day at a future time. If as a result of a temporary
layoff, an employee is unable to schedule their floating holiday, they will be
allowed to carry this holiday into the following year.
SENIORITY: An employee's seniority shall continue to accrue during the period of
layoff.
BENEFITS: An employee's benefits shall remain the same during the period of
layoff. Employees monthly contribution will be deducted from these bi-weekly
checks.
PROMOTIONAL OPPORTUNITIES: Employees shall be eligible to indicate their
interest in promotional opportunities that may arise during the period of
layoff. However, they must individually assume the responsibility of meeting
appropriate deadlines for consideration. Any employee awarded a promotion or
transfer while on temporary layoff, will be returned to work immediately.
RECALL: Should the Company need to recall employees in a specific classification
prior to the previously stated date, employees shall be recalled by Company
seniority on a volunteer basis. If there are no volunteers to return, inverse
seniority will be used to satisfy these requirements. Any issues delaying an
employee's return to work will be addressed on an individual basis. However, the
monetary benefits associated with a temporary layoff will end on the date of
recall.
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 68 of 78
May 20, 1988
Mr. James Brimer
International Brotherhood of
Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING - ARTICLE 14.4
- --------------------------------------
Dear Mr. Brimer:
Prior to January 1, 1976, employee participants in the Nevada Power Company
Retirement Plan were required to contribute slightly less than 3% of their
straight time earnings to defray the Company cost of retirement benefits.
Effective January 1, 1976, the Company paid the full cost of the retirement
benefits plan.
On January 1, 1988, twenty-eight (28) employees covered by the Clerical
Collective Bargaining Agreement were active employees and had made contributions
toward their retirement benefits. Records have been maintained on the amount of
each of the twenty-eight (28) employees showing the accumulation of the direct
contributions made by these employees and the earnings, through investments on
their contributions through December 31, 1975. The Company has, in accordance
with IRS regulations, agreed to credit the 12/31/75 account balances with five
percent (5%) interest per year until disposition of these funds was made
individually with each of these employees.
The Company has now agreed to standardize the retirement plans in the area of
funding for retirement benefits. To standardize, the Company has agreed to
return monies contributed prior to January 1, 1976, by the twenty-eight (28)
employees to the employees plus earnings and interest at five percent (5%) per
year if the employee requests return. The Company is permitting the selection of
several options which are described in the following paragraphs:
OPTION I: Participants in the Nevada Power Company Retirement and Thrift
EMPLOYEE Plan actively employed on January 1, 1988, may elect to receive
- --------
CONTRIBUTION their employee contribution to the Plan, along with earnings and
- ------------ --------
interest, computed at 5% per annum from January 1, 1976 through
April 30, 1988. If the employee's contributions are withdrawn, the
monthly benefit that is calculated using final average earnings,
credited service and social security benefit will not be reduced.
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 69 of 78
OPTION II: Participants in the Nevada Power Company Retirement and Thrift
EMPLOYEE Plan actively employed on January 1, 1988, may choose to leave
- --------
CONTRIBUTION their employee contributions in the Plan, along with earnings and
- ------------ --------
interest computed at 5% per annum from January 1, 1976,
untilretirement or termination from Nevada Power Company and
receive a lump sum payment of their employee account at that time.
This withdrawal of the employee's contributions will not reduce
---
his monthly benefit.
OPTION III: At the time of termination or retirement, participants in Nevada
EMPLOYER Power Company Retirement and Thrift Plan actively employed on
- --------
CONTRIBUTION January 1, 1988, may elect to withdraw the employer contribution
- ------------ --------
to the Plan which will include interest computed at 5% per annum
from January 1, 1976, until the date of termination or retirement.
This election will be available whether they have withdrawn the
employee contribution in 1988 or at the time of termination. If
the employer's contribution is withdrawn, the employee's annuity
would be reduced by an equivalent amount calculated by
accumulating the total employer account value with 5% interest to
normal Retirement Date dividing by 120 and multiplying by the
ratio of actual years of credited service to years of credited
service at normal retirement.
OPTION IV: Participants in the Nevada Power Company Retirement and Thrift
EMPLOYER Plan actively employed on January 1, 1988, may elect to leave the
CONTRIBUTION employer's contribution in the Plan, along with earnings and
interest computed at 5% per annum from January 1, 1976, until
thedate of termination or retirement. If the employer's
contribution is not withdrawn, there will be no reduction of the
employee's monthly benefit.
Very truly Yours,
/s/ Cynthia K. Gilliam
ACCEPTED:
/s/ James Brimer
Business Manager and Financial
Secretary, IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 70 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
DISCIPLINE RELATIVE TO TARDINESS AND ATTENDANCE
Dear Mr. Anzinger:
Both the Company and Union recognize that having reliable employees with good
attendance is central to achieving the Company's goals and mission. Both parties
also recognize that the majority of employees have good attendance records and
display a true commitment to their occupation and work groups. However, in an
effort to assist those employees who may have an attendance problem and minimize
the burden placed on fellow employees, the Company and Union have agreed to
waive the time off the job (i.e. one (1) day suspension, three (3) day
suspension) and document those steps of progressive discipline on paper only.
It is incumbent on both parties to communicate that although employees will not
be subject to lost time, this should in no respect minimize the seriousness of
this action. This agreement will remain in effect until February 1995, at which
time the Company and Union will reconvene to discuss extending or discontinuing
this agreement.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 71 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
WORKING FOREMAN CLASSIFICATION
Dear Mr. Anzinger:
Both the Company and Union agree that significant changes in the generation and
warehousing departments have resulted in a redistribution of work originally
assigned to working foremen. As a result, during negotiations of the Plant
agreement, which expires in February 1994, the Company and Union agreed to
discuss working foreman pay provisions commensurate to responsibilities and the
possibility of a lump sum buy-out in the form of Company stock in the employees'
401K account. These issues and other remedies shall be discussed with the Union
and affected employees by February 1995.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 72 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
LABOR/MANAGEMENT MEETINGS
Dear Mr. Anzinger:
Both the Company and Union recognize the value in formally convening to discuss
issues that affect departmental policies, procedures, and collective bargaining
provisions. As such, during the negotiations of the Plant agreement, which
expires in February 1994, the Company and Union agreed to continue holding
departmental labor/management meetings as a forum to clarify, address interests,
and problem solve solutions that mutually benefit all employees. Attendees shall
include stewards, team leaders, and other employees reporting to that department
or location, and meetings shall be held as needed, but not less than every sixty
(60) days.
The Company recognizes the value of participation and input from all its
employees and the Union's facilitation of this process is critical to our mutual
success.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 73 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
VACATION/SICK LEAVE BONUS
Dear Mr. Anzinger:
During negotiations of the Plant agreement, which expires in February 1994, both
the Company and Union recognize that our ability to succeed in a competitive
environment is the result of effectively utilizing material and human resources.
As such, in an effort to minimize increases in manpower resulting from scheduled
time off, the Company and Union agreed to explore an additional option for
consideration by employee's eligible for the vacation and sick leave bonus.
Issues relative to a buy-out in the form of Company stock placed in the
employee's 401K account, or cash, shall be discussed and addressed, including
the possible tax ramifications.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 74 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
ORGANIZATION STUDY
Dear Mr. Anzinger:
In May of 1993, the Board of Directors provided the necessary approval for the
Company to begin on an Organization Study. This study has provided us with an
opportunity to take a fresh look at Nevada Power Company, assess the way our
work is organized to provide faster, more efficient service to our customers,
and evaluate the way we communicate with each other to resolve problems more
efficiently.
During the negotiations of the Plant agreement, which expires in February 1994,
the Company and Union agreed that as the Company streamlines work processes,
there will be occasions which will require the Company and Union to reconvene to
discuss issues of flexibility, changes in technology, and maximizing resources.
Both parties recognize that changes promoting efficiencies in the work place
benefit all employees, and the Company and Union will continue to promote and
support ideas that meet those interests.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 75 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
WORK/FAMILY ISSUES
Dear Mr. Anzinger:
During the negotiations of the Plant agreement, which expires in February 1994,
the Company and Union recognize that work/family issues will continue to be at
the forefront of workplace activities. As such, the Company and Union have
agreed to address the issues of job sharing, telecommuting and other alternative
work schedules or programs which allow both the Company and employee maximum
flexibility without jeopardizing customer service.
These issues will be addressed through labor/management meetings and may be
initiated on a case by case basis.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 76 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
DISTRICTS
Dear Mr. Anzinger:
During the negotiations of the Plant agreement, which expires in February 1994,
the Company and Union agreed to reconvene and further discuss district issues
including the Developer Contracts Administration program, underground
inspection, clerk dispatcher/planner schedule redundancies, in an effort to
promote operational efficiencies by evaluating job responsibilities of both
bargaining unit and non-bargaining unit positions.
In an effort to allow the districts sufficient time to become operational, the
Company and Union will meet to discuss these issues by September 1, 1994.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 77 of 78
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- ------------------------
NON-BID CLASSIFICATIONS
Dear Mr. Anzinger:
During the negotiations of the Plant agreement, which expires in February 1994,
the Company and Union created a non-bid selection process for specific
classifications listed in Article 7.5. Employees who are interested in these
positions must complete a curriculum that pre-qualifies them for consideration.
The Union and Company have agreed that the development and coordination of this
curriculum will be accomplished through labor/management meetings, and that the
information must be available and communicated to employees by August 1, 1994.
The non-bid selection process for each classification will be effective on the
date that an employee has completed the pre-qualifying curriculum for that
classification.
Very truly yours,
Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
____________ ________ _______________ _______
Initials indicating approval: JA (Union) Date GBW (Company) Date
Page 78 of 78