Exhibit 10(R)
Clerical Agreement
Table of Contents
Article Page
Articles
Preface.................................................................................. 3
Article No. 1: Introduction/Continuity of Service/Non-Discrimination................... 3
Article No. 2: Union Security.......................................................... 5
Article No. 3: Functions of Management................................................. 5
Article No. 4: Union Activity.......................................................... 6
Article No. 5: Status of Employees..................................................... 6
Article No. 6: Working Hours and Rates of Pay.......................................... 12
Article No. 7: Seniority and Promotions................................................ 19
Article No. 8: Grievance Procedure..................................................... 22
Article No. 9: Working Safety Committee................................................ 25
Article No. 10: Inclement Weather Practice.............................................. 26
Article No. 11: Holidays................................................................ 27
Article No. 12: Vacations............................................................... 29
Article No. 13: Sick Leave.............................................................. 32
Article No. 14: Employee Benefit Plans.................................................. 34
Article No. 15: Leaves of Absence....................................................... 53
Article No. 16: General Provisions...................................................... 56
Article No. 17: Term of Agreement....................................................... 58
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Exhibits
Exhibit I: Classification Descriptions.................................. 60
Exhibit II: Wage Rates - Tier 1......................................... 63
Exhibit II-A: Wage Rates - Tier 2....................................... 68
Exhibit III: Check Off Authorization.................................... 70
Exhibit IV: Sick Leave Agreement........................................ 71
Exhibit V: Temporary Layoff Provisions.................................. 72
Letters of understanding
Article 14.4............................................................. 75
Discipline Relative to Tardiness and Attendance.......................... 77
Injuries Relative to Dog Bites........................................... 78
Vacation/Sick Leave Bonus................................................ 79
Organization Study....................................................... 80
Labor/Management Meetings................................................ 81
Work/Family Issues....................................................... 82
Memorandum of Settlement................................................. 83
Flex Scheduling.......................................................... 84
Telephone Service Operations............................................. 86
Performance Evaluations Regarding Seniority.............................. 87
Alternate Field, Field Service, Field Service Investigator............... 88
1994 - Thirty Year Employees Lost Vacation............................... 89
Incentive Programs....................................................... 90
No Layoffs............................................................... 91
Reclassification of Retail Operations Representatives.................... 92
Index
Index.................................................................... 93
page #2
Clerical 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, transmitting
and distributing electric power and energy, 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 Customer Service, Energy Services, Major Customer Services (LGS
Billing), Field Service, Meter Shop, Districts, Material/Warehousing,
Reprographic Services and Mail Room/Receiving Departments excluding all
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.
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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.
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 and the parties shall meet and confer to determine
mutually agreeable language to conform to the laws, government rules and/or
regulations.
If laws, government rules and/or regulations hereafter enacted require
changes in the structure and/or services provided by the Company, then the
Company and Union will, upon mutual consent, reopen negotiations concerning
the terms of this Agreement that are directly affected by the changes.
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.
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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.
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 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.
4.4 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.
ARTICLE NO. 5
Status Of Employees
5.1 STATUS DESIGNATION: Employees shall be designated as part-time, \
temporary, probationary, or regular.
PART-TIME: A part-time employee is one who is hired for a job that is of
indefinite duration and whose regular work schedule is not more than thirty
(30) hours per week. The number of part-time employees shall not exceed the
rate of one part-time employee to five regular employees (1:5) within the
same classification. A part-time employee shall not displace any regular
employee covered under the terms of this agreement and shall be limited to
non-field type activities. After working 1,040 straight time hours, a part-
time employee shall be eligible for group life and medical insurance
(excluding dental and vision), covering the employee only. If a part-time
employee is offered and accepts a regular position, an adjusted date of
hire, crediting actual time worked, will be calculated. If the part-time
employee has worked at least 1,040 straight time hours at the time the
regular position is awarded, the employee shall be eligible for all
applicable benefits on the effective date of the award.
Page #6
The ratio for part-time Meter Readers will be five (5) full-time employees
for every one (1) part-time employee.
The ratio for part-time Customer Service - Retail Customer Representatives
will be five (5) full-time for every one (1) part-time employee.
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 1,040 straight-time 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
at completion of that twelve month period.
If an leased/agency employee works at least 1,040 straight-time hours
during a twelve (12) month period in the same temporary position, the
position will become authorized. The selection for the position will be
made in accordance with Article 7, Seniority and Promotions.
The Company will endeavor to provide the Union with a list of temporary and
leased/agency employees and hours worked.
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.
Page #7
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
. 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
and is in an authorized position. At that time, the employee is eligible
for the benefits included in this agreement.
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 used in
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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.
Page #8
NOTIFICATION: If it becomes necessary for the Company to layoff regular
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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, part-time
and probationary employees are involved, no notice of layoff is required.
SENIORITY: Layoff in all cases due to lack of work will be determined by
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Company seniority within the classification affected by the layoff. If two
(2) or more employees have the same Company seniority date, the following
process will be used for breaking the tie: Alphabetically by Last Name ...
if last names are the same, then First Name ... if last name and first name
are the same, Middle Name; if last name, first name and middle name are the
same, month, day of birth, and year will be used. 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 of the company who accepts a
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position in 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 notification to
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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.
Page #9
EMPLOYMENT STATUS: Any regular employee who is laid-off due to lack of work
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has a right to replace any part-time or 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: Full time employees hired on or before November 18, 1998, and
who are laid off during the fourth (4th) year of the Agreement will receive
the following benefits:
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Continuous Service with Severance Benefit Period
Nevada Power
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6 months to 5 years 6 months
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6 years to 10 years 9 months
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11 years to 20 years 12 months
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21 years or more 18 months
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The employee shall be entitled to receive the same medical and life
insurance coverage that the employee had prior to the layoff for the same
period as the Severance Benefit Period above.
All other employees who are laid off will receive the following severance
benefits:
ELIGIBILITY: Employees must have completed one (1) year of service to be
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eligible for the minimum severance benefit.
BENEFIT AMOUNT: Employees will be paid forty (40) hours at their straight
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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.
Page #10
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.
5.6 AFFILIATE COMPANY: It shall not be deemed a severance for the
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purposes of this Article if an employee is transferred to an
affiliate of the Employer which is bound to this agreement provided
that the Employee's new position is covered by the Collective
Bargaining Agreement and is the same as the position held before the
transfer.
EXAMPLE
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If Customer Service becomes a wholly owned affiliate of Nevada
Power Company severance under this article 5.5, represented
employees will not receive severance pay; this will not be
considered a break in service.
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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: Except as provided for part-time employees, the basic work
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week shall consist of five (5) consecutive work days, regularly
scheduled between the hours of 12:01 am, Monday, and 12:00 midnight,
Sunday, provided that no employee shall be assigned, as part of a
regular work schedule, to work on Saturday or Sunday, unless such
employee voluntarily requests to work such schedule, or is hired or
has requested reclassification for such purpose, and provided
further, that employees in the Field Service Representative and
Service Dispatcher classifications may be required, as part of their
regular work schedule, to work on Saturday.. 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
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may not be within the basic work week.
REGULAR DAY-SHIFT EMPLOYEES: Regular day shift employees are those
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.
SHIFT EMPLOYEES: Shift employees are all employees not defined
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as regular day-shift employees.
SHIFT DIFFERENTIAL: An incremental increase for working on a
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second or third shift.
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 following
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.
Page #12
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.
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: With the exception of part-time employees, supervisors
will establish a meal period, without pay, of either one-half (1/2)
or one (1) hour.
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.
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.
. Work scheduled in the three (3) hours immediately preceding
the normal starting time.
. Employees who are scheduled to work on an observed holiday.
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 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, with an overtime minimum as provided in Article 6.8
(CALL-OUTS).
. Employees 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 6.8 (CALL-OUTS).
. Employees called out while on vacation per the provision of
Article 12.10 (CALL-OUT WHILE ON VACATION).
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6.5 OVERTIME EQUALIZATION: The Company will endeavor to distribute
overtime work as evenly as possible among those employees qualified
and desiring such work. Each department will create policies and
procedures for overtime equalization through labor/management
meetings.
For purposes of distributing overtime, the Company will maintain and
post overtime lists in each major sub-department office indicating
time offered, time worked and other information for inspection by the
employees and the Union.
6.6 BI-LINGUAL REPRESENTATIVES: Employees in Customer Service who are
designated as bi-lingual representatives shall be paid a thirty
dollar ($30) bonus on a bi-weekly basis. This bonus will be paid when
the employee uses sick leave or vacation, but will not be paid when
the employee is on disability or using Employers Insurance Company of
Nevada benefits.
6.7 PAY PROVISIONS:
PAY DAYS: Pay days shall be at biweekly intervals.
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WAGES: The schedule of job classifications and wage rates, as
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mutually agreed to, are made a part of this agreement, and are marked
"Exhibits I, II and II-A respectively."
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
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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
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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.
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6.8 CALL-OUTS:
TWO HOUR MINIMUM: Employees called out for overtime duty shall
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receive at least two (2) hours pay. Employees called out who work
into their regular shift shall be paid the appropriate overtime
premium for at least two (2) hours and straight time for the
remainder of the shift. The two (2) hour call-out minimum applies but
does not change the normal starting time.
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EXAMPLE
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An employee who is called out one (1) hour
before the shift would be paid two (2) hours of
double time and seven hours of straight time.
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6.9 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 proceeding 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.
6.10 CHANGE IN WORK SCHEDULE: Employees shall be provided at least
twenty-four (24) hours notice of any change in work schedule. The
notification period begins twenty-four (24) hours prior to the start
of the changed work schedule. Employees who do not receive such
notice shall be paid at one and one-half (1 1/2) times the employee's
base rate for all hours worked outside their normal work schedule
until such notice requirements have been satisfied. No notice is
required to return employees to their regular work schedule.
TRAINING EXCEPTIONS: The Company may for the purposes of training
only, change schedules without incurring the premium penalties
mention 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.
Page #15
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.
6.11 SHIFT DIFFERENTIAL: Fixed shift employees will be paid their shift
differential for all hours worked on that day. For 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.
6.12 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,
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.
Page #16
For purposes of this Article, no meal allowances will be provided for
any scheduled overtime work on an employee's usual days off when the
Company has given advance notice more than twelve (12) hours prior to
the start of scheduled overtime and prior to the end of the last
shift.
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.
6.13 VEHICLE USAGE: No employee shall be required to operate a personal
vehicle in the course of employment as a condition of employment.
Employees shall be required to obtain a Nevada driver's license
whenever operation of a Company provided vehicle is a requirement of
the job.
Employee's who are authorized to use personal vehicles in the course
of their employment shall be compensated for use of the vehicle at a
rate equal to the Internal Revenue Service (IRS) maximum mileage
expense.
- --------------------------------------------------------------------------------
Example 1: If employees are assigned to work at an office other than their
normal base reporting point, after they have already reported for work at
their normal base reporting point, and no Company vehicle is available,
they shall be compensated for use of their vehicles for the actual miles
traveled from office-to-office as designated on the chart attached at the
rate equal to the Internal Revenue Service (IRS) maximum mileage expense.
If they return home directly from that office, they shall not be
compensated for the miles traveled from the office to their home.
Example 2: If employees report for work at an office other than their normal
base reporting point directly from home, they shall not be compensated for
the miles traveled from their home to the office nor from the office to
their home. Only those miles traveled from are office-to-office
compensable.
- --------------------------------------------------------------------------------
Page #17
Any employee who is authorized the use of a private vehicle during
the course of his or her employment shall be provided liability
protection under the terms of the public liability and property
damage insurance policy maintained by the Company as if the employee
were operating a Company-owned vehicle except that if the laws of the
State of Nevada establish that the personal insurance policy of the
employee shall be the primary insurance, then such consideration
shall be first applied. In the event of an accident involving an
uninsured motorist where damages to the employee's private vehicle
are not recoverable from the responsible party, then costs of
repairing such damage shall be reimbursed by the Company.
Mileage Chart:
CLK DI HCUST HSVC IND LGHLN NLV PRSN RG RYAN SPRNG SNRIS
Clark 0 5 7 5 13 13 14 64 19 14 6
Desert Inn 5 0 14 16 6 9 6 59 14 9 4
Hend Cust 7 14 0 2 14 22 22 71 23 20 13
Hend SVC 5 16 2 0 12 12 20 69 21 18 11
Indust Rd 13 6 14 12 0 10 4 54 9 6 7
Laughlin 0 107
NLV 13 9 5 20 10 0 10 51 6 11 9
Pearson 14 6 22 29 4 107 10 0 58 13 3 12
RG Plant 64 59 71 69 54 51 58 0 45 56 58
Ryan SVC 19 14 23 21 9 6 13 45 0 17 13
SV SVC 14 9 20 18 6 11 3 58 17 0 13
Sunrise 6 4 13 11 7 9 12 58 13 13 0
6.14 REQUIRED NOTICE: The Company will provide two (2) days' notice when
an employee is assigned to work in an office other than the
employee's base reporting point. If the Company does not provide two
(2) days notice, the employee shall be paid one (1) hour at time and
one-half (1 1/2) for each day until the two (2) day notice period has
been satisfied.
Page #18
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,
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.
Page #19
SELECTION CRITERIA: Exclusive of the provisions of Articles 7.9
------------------
(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
. 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.
7.5 JOB DESCRIPTIONS: When advances in technology or other changes that
materially affect job duties and responsibilities, IBEW and NPC will
agree to revise job descriptions as needed.
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.
Page #20
7.7 SUB-DEPARTMENTS: When employees are awarded bids in the
sub-department in which they are working, in accordance with Article
7.3 (STAFFING VACANCIES) 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
-------
A Fleet Utility Technician being paid $16.00 per hour,
enters an apprentice program which has four (4) annual
step rates of $14.50, $15.50, $16.50, and $17.50. The
Fleet Utility Technician will receive the rate of $16.50
and remain at that step for three (3) years before
advancing to the next step.
For purposes of this Article, "sub-departments" are the Customer
Service/Energy Services, Major Customer Services (LGS Billing), Field
Service, Meter Shop, Districts, Material/Warehousing, Reprographic
Services and Mail Room/Receiving Departments.
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.
Page #21
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.
Page #22
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.
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 Employee Relation 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
Employee Relation 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
--------------------------------
Director of Employee Relations & Diversity 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 Employee Relations & Diversity
office 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.
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.
Page #24
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.
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.
Page #25
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 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.
Page #26
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.
11.3 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.
Page #27
The following are to be considered holidays:
--------------------------------------------------
COMPANY holidays
--------------------------------------------------
--------------------------------------------------
1998 1999 2000 2001
--------------------------------------------------
- -----------------------------------------------------------------------------
New Year's Day Jan 1 Jan 1 Dec 31, 1999 Jan 1
- -----------------------------------------------------------------------------
Martin Luther King's Day Jan 19 Jan 18 Jan 17 Jan 15
- -----------------------------------------------------------------------------
President's Day Feb 16 Feb 15 Feb 21 Feb 19
- -----------------------------------------------------------------------------
Memorial Day (observed) May 25 May 31 May 29 May 28
- -----------------------------------------------------------------------------
Independence Day July 3 July 5 July 4 July 4
- -----------------------------------------------------------------------------
Labor Day Sept 7 Sept 6 Sept 4 Sept 3
- -----------------------------------------------------------------------------
Veteran's Day Nov 11 Nov 11 Nov 10 Nov 12
- -----------------------------------------------------------------------------
Thanksgiving Day Nov 26 Nov 25 Nov 23 Nov 22
- -----------------------------------------------------------------------------
Thanksgiving Friday Nov 27 Nov 26 Nov 24 Nov 23
- -----------------------------------------------------------------------------
Christmas Eve Day Dec 24 Dec 24 Dec22 Dec 24
- -----------------------------------------------------------------------------
Christmas Day Dec 25 Dec 27 Dec 25 Dec 25
- -----------------------------------------------------------------------------
Floating Birthday/Holiday See Article 11.4
- -----------------------------------------------------------------------------
11.4 FLOATING BIRTHDAY/HOLIDAY: An employee may observe the floating
holiday on 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.
Page #28
11.5 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.
11.6 PART-TIME, TEMPORARY AND BENEFIT INELIGIBLE EMPLOYEES: Part-time,
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.
11.7 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.
11.8 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.
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.
Page #29
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: 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.
Page #30
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.
Page #31
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 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).
Page #32
. 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).
Page #33
ARTICLE NO. 14
Employee Benefit Plans
Tier One
Employees Hired On or Before November 18, 1998
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 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.
Page #34
DENTAL BENEFIT: The Company will continue to provide a dental care
--------------
benefit, expanded to include a dental PPO and an orthodontic benefit
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. 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.
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
monthly contributions may change on January 1st of each subsequent
year.
Page #35
--------------------------------------------------------------
MONTHLY CONTRIBUTIONS
--------------------------------------------------------------
1/01/98 thru 1/01/99 1/1/99 thru 1/1/2000
HMO NPC Plan HMO NPC Plan
(Option C) (Option A/B) (Option C) (Option A/B)
- ------------------------------------------------------------------------------------------------
Employee Only 18.50 28.00 20.00 31.00
- -------------------------------------------------------------- --------------------------------
Employee & Spouse 37.00 59.00 41.00 65.00
- -------------------------------------------------------------- --------------------------------
Employee & Children 34.00 50.50 37.50 55.50
- -------------------------------------------------------------- --------------------------------
Employee, Spouse & Children 57.00 81.50 63.00 89.50
- -------------------------------------------------------------- --------------------------------
Deductible/Co-Insurance Limit None 400/5500 None 400/5500
- -------------------------------------------------------------- --------------------------------
------------------------------ --------------------------------
1/1/2000 thru 1/1/2001 1/1/2001 thru 1/1/2002
HMO NPC Plan HMO NPC Plan
(Option C) (Option A/B) (Option C) (Option A/B)
- ------------------------------------------------------------------------------------------------
Employee Only 22.00 34.00 24.00 37.50
- -------------------------------------------------------------- --------------------------------
Employee & Spouse 45.00 71.50 49.50 78.50
- -------------------------------------------------------------- --------------------------------
Employee & Children 41.00 61.00 45.00 67.00
- -------------------------------------------------------------- --------------------------------
Employee, Spouse & Children 69.50 98.50 76.50 108.50
- -------------------------------------------------------------- --------------------------------
Deductible/Co-Insurance Limit None 400/5500 None 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:
Open enrollment period will take place as of August 1, 1998 and every 12 months
thereafter.
Page #36
Option A:
. 80/20 Co-insurance factor
. $5500.00 Co-insurance limit
. $400.00 Individual deductible
. Family deductible (Employee & Spouse; Employee & Children;
Employee, Spouse & Children) equal to two (2) times the
individual deductible
. Hospital deduction - $400.00.
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. Substance abuse rehabilitation will be limited to
$50,000 lifetime maximum.
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.
Page #37
GENERAL BENEFIT PROVISIONS:
--------------------------
. The lifetime maximum medical benefit is $1,000,000.
. 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%) penalty, in lieu of the
stated reimbursement.
. All benefits are subject to the deductible and/or co-pay plus
percentage, thereby eliminating any first dollar coverage.
. 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.
. An orthodontic benefit of $1,500 is provided.
. A dental PPO is established.
. A hearing aid benefit of $500 every five (5) years is 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 Employers Insurance Company Of Nevada, and
shall terminate with the date of the last day of disability
recognized by the Employers Insurance Company of Nevada, as
evidenced by the remittance portion of the disability check
from the Employers Insurance Company Of Nevada, 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.
Page #38
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
20 years 60 weeks 70
65 weeks 75
. For a job incurred disability of less than five (5) days which
does not qualify for Employers Insurance Company of Nevada
compensation, employees must use any accrued sick leave, and
upon exhaustion of such accrued sick leave shall receive
disability benefits as defined above. Any medical absence of
five (5) calendar days or more related to a work related
injury or illness will only be paid by the Workers
Compensation Plan; not with accrued sick leave.
. 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.
Page #39
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 Employers Insurance Company of
Nevada. 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:
Page #40
. 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) days 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.
Page #41
. 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 was 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.
Page #42
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 1.365% 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, 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.
Effective February 2, 1998, all sick leave accrued at time of retirement
will be added to the years of service for fully vested participants only.
----------------------------------------------------------------
Example
-------
If an employee retires June 5, 1998 and has 400 hours of sick
leave on the books, the calculation would be as follows:
1. They would still officially leave the company on June 5th.
2. When the pension is calculated, it would be increased to
read that they received income until August 14, 1998 (400
hours divided by 8 hours a day equals 50 days).
3. The employee would receive a pension calculated through
August 14, 1998.
----------------------------------------------------------------
14.6 401(K) CONTRIBUTION/COMPANY MATCH: In accordance with 401(k)
documentation, effective January 1, 1999, 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 401(k) 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 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
Effective on January 31, 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 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
Page #43
Effective on January 29, 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 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
14.7 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.
14.8 LONG-TERM DISABILITY INSURANCE: The Company will provide a long term
disability (LTD) plan, 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 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.
Employee Benefit Plans
Tier Two
Employees Hired On or After November 19, 1998
14.9 GENERAL: The Nevada Power Company Medical Benefit Plans 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 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 a discounted prescription drug service
that allows participants to obtain prescription drugs through preferred
pharmaceutical outlets. A service fee of twelve dollars ($12.00) per trade
name prescription or six dollars ($6.00) for generic prescription will be
charged by the druggist. No claim forms need to be presented.
Page #44
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.
DENTAL BENEFIT: The Company will continue to provide a dental care
--------------
benefit, expanded to include a dental PPO and an orthodontic benefit
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. This plan covers professional
services; examinations every twenty-four (24) months, lenses every twenty-
four (24) months if needed, frames every twenty-four (24) 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.
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.
DEPENDENT CARE ACCOUNT: The Company will continue its flexible spending
----------------------
account program that allows pre-tax funding of dependent care and child
care expenses.
MENTAL HEALTH BENEFIT: The Company will include outpatient mental health
---------------------
counseling in its comprehensive medical plans, subject to utilization
review. Substance abuse rehabilitation will be limited to $50,000 lifetime
maximum.
Page #45
EMPLOYEE CONTRIBUTIONS: Employee contributions are defined below. These
----------------------
rates are the maximum rates which employees would be required to pay. They
reflect an eighty-five/fifteen (85/15) cost sharing arrangement between
the Company and its employees.
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.
GENERAL BENEFIT PROVISIONS:
--------------------------
. The lifetime maximum medical benefit is no less than $1,000,000.
. 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%) penalty, in lieu of the stated reimbursement.
. All benefits are subject to the deductible and/or co-pay plus
percentage, thereby eliminating any first dollar coverage.
. An orthodontic benefit of $1,500 is provided.
. A dental PPO is established.
. A hearing aid benefit of $500 every five (5) years is for the
employee only.
Mid Level and HMO OPTIONS:
-------------------------
The Company will continue to permit employees to select between health
care plan options offered in Tier One except for the NPC Self-Funded Plan:
Mid Level Plan Option:
This option will provide an employer premium that is between the highest
level plan and the HMO offered option.
Open enrollment period will take place as of August 1, 1998 and every
12 months thereafter.
HMO Option:
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.
Page #46
14.10 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 Workers Compensation Insurance Plan and shall terminate with the
date of the last day of disability recognized by the Workers
Compensation Insurance Plan, as evidenced by the remittance portion
of the disability check from the Workers Compensation Insurance
Plan, 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.
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 Workers Compensation Insurance Plan compensation,
employees must use any accrued sick leave, and upon exhaustion of
such accrued sick leave shall receive disability benefits as defined
above. Any medical absence of five (5) calendar days or more related
to a work related injury or illness will only be paid by the Workers
Compensation Plan; not with accrued sick leave.
. 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.
Page #47
14.11 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.
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.
Page #48
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.
14.12 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:
. 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) days 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
Page #49
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.
. 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.
14.13 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 was 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
Page #50
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 1.365% 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, 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.
Effective February 2, 1998, all sick leave accrued at time of retirement
will be added to the years of service for fully vested participants only.
-----------------------------------------------------------
Example
-------
If an employee retires June 5, 1998 and has 400 hours of
sick leave on the books, the calculation would be as
follows:
4. They would still officially leave the company on June
5/th/.
5. When the pension is calculated, it would be increased to
read that they received income until August 14, 1998
(400 hours divided by 8 hours a day equals 50 days).
6. The employee would receive a pension calculated through
August 14, 1998.
-----------------------------------------------------------
14.14 401(K) CONTRIBUTION/COMPANY MATCH: In accordance with 401(k)
documentation, effective January 1, 1999, 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 401(k) 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
Page #51
gross income, to the Nevada Power Company 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
Effective on January 31, 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 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
Effective on January 29, 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 401(k) plan. Company
contributions will be invested in Nevada Power Company stock.
14.15 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.
14.16 LONG-TERM DISABILITY INSURANCE: The Company will provide a long term
disability (LTD) plan, 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 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.
Page #52
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.
Page #53
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-six (36) hours for making funeral arrangements and attending the
funeral, provided the employee attends the funeral, furnishes a death
certificate to the payroll department within thirty (30) days. Additional
time may be taken to insure four working days off; any hours in excess of
36 hours can be taken as vacation or personal time off without pay.
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.
Page #54
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.
Page #55
ARTICLE NO. 16
General Provisions
16.1 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.
16.2 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.
16.3 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 personnel file by documenting this change in behavior
and providing written authorization to human resources.
16.4 FACILITIES: The Company will provide on its premises clean, sanitary and
reasonably comfortable rest and wash rooms, including first aid cots for
female employees, together with a proper place for storing lunches
carried by employees, and reasonably safeguarding employee's out-of-door
clothing and necessary personal effects on the Company's property during
the time employees are on duty. The Union agrees to cooperate with the
Company in the maintenance of these facilities.
16.5 HEALTH AND SAFETY: The parties hereto agree to cooperate in using all
reasonable means to eliminate conditions of danger to either the general
public, the Company or its employees. No employee shall knowingly engage
in an unsafe act.
Page #56
Whenever it becomes necessary to employ day shift employees assigned to
the Company's business offices, where security personnel are assigned,
outside the normal work hours, and such work is during the hours of
darkness, all arrivals and departures from Company owned parking
facilities shall be observed and controlled by security personnel.
Parking facilities shall, when possible, be adjacent to the Company's
business offices.
The Company agrees to furnish such safety devices and equipment including
first aid kits, as may be reasonable and necessary for the health and
safety of its employees, and the Union agrees, on behalf of the
employees, that such equipment will be used.
16.6 LABOR/MANAGEMENT MEETINGS: The parties agree to hold periodic meetings to
discuss matters which are covered by the Agreement. These meetings will
be held on Company premises during work time and shall, where possible,
be scheduled mutually each sixty (60) days. The number of employee
attendees who are covered by the agreement shall be limited to the
stewards and other employees reporting to the Company premises designated
as the site of a particular meeting.
16.7 UPGRADE: When an employee relieves an employee of a higher
classification, 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 classification
who normally report for work at the same location are able and available
to do the work for which the upgrade is intended.
All red circle employees when upgraded to Lead positions will receive a
5% wage increase for any time worked in this position.
All employees when upgraded for an authorized training capacity will
receive a 5% wage increase for any time worked in this position.
Page #57
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, 1994, is
superseded by this Agreement dated as of February 1, 1998. Except as
otherwise expressly provided herein, the provisions of this Agreement
shall be effective February 1, 1998.
Page #58
In witness whereof, the parties hereto have executed this Agreement on Date
February 1, 1999.
Local Union #396 of the International
Brotherhood of Electrical Workers (AFL-CIO)
________________________________________________________________________________
James C. Anzinger
Business Manager and
Financial Secretary, IBEW Local 396
________________________________________________________________________________
Gloria Banks Weddle
Vice President, Corporate Services
Nevada Power Company
NEGOTIATING COMMITTEE
---------------------
IBEW, Local No. 396 Nevada Power
------------------- ------------
Jim Anzinger Gloria Banks Weddle
Adam Morrison Dan Potter
Jeff Ambuehl Gerald Mikesell
Madeline Anzinger Vanessa Farias
John Caruso Trudy Haszlauer
Helen Jenkins Flory Marzan
Juan Samayoa Jose Villa
Page #59
EXHIBIT I
CLASSIFICATION DESCRIPTIONS
(Alphabetical)
ALTERNATE FIELD REPRESENTATIVE
Performs various assignments relating to Customer Field and Metering activities,
including the duties of LGS Meter Reader, Field Service Representative and Meter
Reader. May be required to perform semi-skilled work in the Meter Shop and other
duties as assigned.
CUSTOMER SERVICE SPECIALIST
Performs very sophisticated clerical tasks which require extensive
decision-making authority and independent judgment. Employees in this
classification work in the following areas:
. Head Cashier
. Service Dispatching
. LGS Billing
. Control Analyst
CUSTOMER SUPPORT REPRESENTATIVE
Performs intermediate clerical tasks which require the use of typing and
personal computer skills. Customer Contact and service skills will be used
regularly, requiring a moderate degree of decision-making authority. Employees
in this classification work in the following areas:
. Commercial Office Support
. PBX
. Customer Credit and Accounting
FIELD SERVICE INVESTIGATOR
Performs specialized assignments relating to current diversion and meter
tampering. Will perform technical investigations with established procedures on
Company equipment; does not include instrument metering. Will be required to
work closely with low voltage electricity, while investigating, with various
testing equipment. Will be familiar with associated office equipment, and work
with and have knowledge of other department's functions, relating to detection
and billing. Will drive a Company vehicle and be assigned to the Department of
Meter Validity.
FIELD SERVICE REPRESENTATIVE
Performs a variety of assignments related to the metering function on an
individual basis as requested by the commercial department and customer service
orders including, but not limited to, turn-ons and turn-offs, check readings,
miscellaneous testing of electrical equipment, both customer and Company; drives
Company vehicle, acts as field representative in limited capacity and does other
related work as required.
Page #60
LEAD
In the absence of appropriate supervision or 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 customer or field service capacity, and perform other work as
needed.
MAIL ROOM TECHNICIAN
Performs a variety of mail room functions related to overall mail processes and
procedures. Pick up, sort and distribute all facets of Company mailings.
Coordinate postal pick-ups, deliveries and courier services. Operate mail
processing equipment. Responsible for receiving, processing and distributing
materials for the Pearson Building. Reconcile mainframe billing with bills
processed. Responsible for loading and programming mail machines to process
billings; apply necessary postage, monitor and recommend stock levels of machine
supplies. May be required to relieve Office Supplies Specialist and drive light
vehicles. Performs other duties as assigned.
METER READER
Reads meters in Company service areas and records readings and miscellaneous
information on proper forms. Indicates abnormal or unusual conditions relative
to meters and facilities. Prepares reports and performs related duties as
required. May be required to operate vehicle for Company. The ratio for
part-time Meter Readers will be five (5) full-time employees for every one (1)
part-time employee.
Meter Readers have the opportunity to be promoted to Alternate Field
Representative positions with no bid process, provided prerequisites are met as
follows: 1) One year of experience as a Meter Reader, 2) Basic Electricity
Class, 3) Hand Tools Class, 4) Basic Math, and 5) satisfactory personnel record,
no disciplinary action or at-fault safety/vehicle accidents in the past twelve
(12) months in the Human Resources file. Selections for those who satisfy these
prerequisites will be made by Company seniority.
OFFICE SUPPLY SPECIALIST
Performs a variety of duties related to ordering, receiving, storing and issuing
office supplies and materials and maintaining related inventories. Receives and
distributes bulk items and materials delivered to the administrative offices.
Maintains related files and performs other duties as assigned.
OFFICE SUPPORT REPRESENTATIVE
Performs elementary and repetitive clerical tasks, defined by minimal training
requirements on applicable business machines and a lack of, or a minimal amount
of office equipment and business software application utilization. Employees in
this classification work in the following areas:
. Payment Processing
. Customer Credit and Accounting
. Customer Information Center
Page #61
REPROGRAPHIC TECHNICIAN
Will be responsible for the production of in-plant printed and copied material.
Operates all printing plant equipment, including: lithograph machines, camera,
lithograph plate makers, binding machines, type composing machines, photographic
developing equipment, offset 2 color presses, offset 1 color presses, collators,
plate developer, power cutter, electric hole puncher, electric stitcher, PMT
developer, dark room dryer, jogging machine, padding machine, light table for
stripping, computerized copying equipment, laminators and folding equipment. Is
responsible for maintaining machines in clean and operating condition and will
make some maintenance adjustments to the equipment. Will maintain control over
printing plant and copying supplies and will perform all related duties as
required.
RETAIL CUSTOMER REPRESENTATIVE
Performs fairly sophisticated clerical functions defined by regular application
of office equipment and business software systems. Extensive customer
interaction and a significant degree of decision-making authority is required.
Employees in this classification work in the following areas:
. Customer and Field Operations
. Customer Information Center
. Districts
. Material Management
. Customer Credit and Accounting (Edit, Carry File, Collections functions)
RETAIL OPERATIONS REPRESENTIVE
Responsible for support of customer product/service development. Coordinates and
schedules internal/external contractors, suppliers and customers. Extensive
marketing functions including but not limited to: contacting customers,
contractors, financial institutions, credit reports, suppliers and sales.
Performs sophisticated functions defined by regular application of office
equipment, business software systems and financial reconciliations. Prepares
reports and performs other duties as required.
TRAINING ASSISTANT
Assists management and the Customer Service Training Department by identifying
training needs, participating in job/task analyses, providing small group and/or
one-on-one and just-in-time training support, and actively participating in
planning the Training Assistant In-Service Program. Responsible for performing
regular Customer Service functions and working with training staff on training
goals and self-development in training capacity. This position will support the
Customer Service Department including, but not limited to: Telephone Service
Operations, Meter Reading, and the commercial offices. May be required to work
various shifts and at various locations.
Page #62
EXHIBIT II
SCHEDULE OF WAGE RATES/ TIER ONE
Employees Hired On or Before November 18, 1998
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
CUSTOMER SERVICE
Customer Service Specialist 16.54 17.04 17.55 18.08
Lead Retail Customer Representative
16.34 16.83 17.33 17.85
Red Circle 16.93 17.44 17.96 18.50
Training Assistant - TSO 16.93 17.44 17.96 18.50
Retail Customer Representative
First six months 13.61 14.02 14.44 14.87
Next six months 14.10 14.52 14.96 15.41
Next six months 14.59 15.03 15.48 15.94
Next six months 15.07 15.52 15.99 16.47
Thereafter 15.56 16.03 16.51 17.01
Red Circle 16.07 16.55 17.05 17.56
Retail Operations Representative
First six months 13.61 14.02 14.44 14.87
Next six months 14.10 14.52 14.96 15.41
Next six months 14.59 15.03 15.48 15.94
Next six months 15.07 15.52 15.99 16.47
Thereafter 15.56 16.03 16.51 17.01
Red Circle 16.07 16.55 17.05 17.56
Page #63
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
Lead Customer Support Representative
15.56 16.03 16.51 17.01
Red Circle 16.93 17.44 17.96 18.50
Customer Support Representative
First six months 11.18 11.52 11.87 12.23
Next six months 11.89 12.25 12.62 13.00
Next six months 12.60 12.98 13.37 13.77
Next six months 13.31 13.71 14.12 14.54
Next six months 14.03 14.45 14.88 15.33
Thereafter 14.76 15.20 15.66 16.13
Red Circle 16.07 16.55 17.05 17.56
Office Support Representative
First six months 9.44 9.73 10.02 10.32
Next six months 10.23 10.54 10.86 11.19
Next six months 11.02 11.35 11.69 12.04
Next six months 11.81 12.16 12.52 12.90
Thereafter 12.60 12.98 13.37 13.77
Red Circle 13.72 14.13 14.55 14.99
Red Circle 14.76 15.20 15.66 16.13
Red Circle 16.07 16.55 17.05 17.56
Page #64
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ -------- ---------
METER READING
Lead Meter Reader 17.20 17.72 18.25 18.80
Meter Reader
First three months 11.63 11.98 12.34 12.71
Next three months 11.76 12.11 12.47 12.84
Next six months 11.96 12.32 12.69 13.07
Next six months 12.37 12.74 13.12 13.51
Next six months 12.78 13.16 13.55 13.96
Next six months 13.24 13.64 14.05 14.47
Next six months 13.67 14.08 14.50 14.94
Next six months 14.18 14.61 15.05 15.50
Thereafter 14.76 15.20 15.66 16.13
Red Circle 16.30 16.79 17.29 17.81
Red Circle 17.41 17.93 18.47 19.02
Red Circle 17.80 18.33 18.88 19.45
Training Assistant - Meter Reading
17.20 17.72 18.25 18.80
Page #65
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
FIELD SERVICE
Lead Field Service Investigator
20.66 21.28 21.92 22.58
Red Circle 21.54 22.19 22.86 23.55
Field Service Investigator
First six months 16.71 17.21 17.73 18.26
Next six months 17.44 17.96 18.50 19.06
Next six months 18.11 18.65 19.21 19.79
Thereafter 18.78 19.34 19.92 20.52
Red Circle 20.44 21.05 21.68 22.33
Lead Field Service Representative
20.36 20.97 21.60 22.25
Red Circle 21.26 21.90 22.56 23.24
Field Service Representative
First six months 16.43 16.92 17.43 17.95
Next six months 17.16 17.67 18.20 18.75
Next six months 17.83 18.36 18.91 19.48
Thereafter 18.50 19.06 19.63 20.22
Red Circle 20.16 20.76 21.38 22.02
Red Circle 20.36 20.97 21.60 22.25
Red Circle 21.13 21.76 22.41 23.08
Alternate Field Representative
16.12 16.60 17.10 17.61
Page #66
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
REPROGRAPHIC SERVICES
Reprographic Technician
First six months 13.61 14.02 14.44 14.87
Next six months 14.10 14.52 14.96 15.41
Next six months 14.59 15.03 15.48 15.94
Next six months 15.07 15.52 15.99 16.47
Thereafter 15.56 16.03 16.51 17.01
Red Circle 16.07 16.55 17.05 17.56
Red Circle 17.80 18.33 18.88 19.45
Red Circle 19.09 19.66 20.25 20.86
MAIL ROOM & RECEIVING
Office Supply Specialist
First six months 13.61 14.02 14.44 14.87
Next six months 14.10 14.52 14.96 15.41
Next six months 14.59 15.03 15.48 15.94
Next six months 15.07 15.52 15.99 16.47
Thereafter 15.56 16.03 16.51 17.01
Red Circle 16.07 16.55 17.05 17.56
Red Circle 21.73 22.06 22.39 22.73
Mail Room Technician
First six months 11.18 11.52 11.87 12.23
Next six months 11.89 12.25 12.62 13.00
Next six months 12.60 12.98 13.37 13.77
Next six months 13.31 13.71 14.12 14.54
Next six months 14.03 14.45 14.88 15.33
Thereafter 14.76 15.20 15.66 16.13
Red Circle 16.07 16.55 17.05 17.56
Page #67
EXHIBIT II-A
SCHEDULE OF WAGE RATES - TIER TWO
Employees Hired On or After November 19, 1998
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
CUSTOMER SERVICE
Customer Service Specialist 13.99 14.41 14.84 15.29
Retail Customer Representative
Office Supply Specialist
Reprograhic Technician
First six months 9.75 10.04 10.34 10.65
Next six months 10.61 10.93 11.26 11.60
Next six months 11.47 11.81 12.16 12.52
Next six months 12.33 12.70 13.08 13.47
Thereafter 13.19 13.59 14.00 14.42
Customer Support Representative
Mail Room Technician
First six months 8.06 8.30 8.55 8.81
Next six months 8.80 9.06 9.33 9.61
Next six months 9.57 9.86 10.16 10.46
Next six months 10.36 10.67 10.99 11.32
Next six months 11.33 11.67 12.02 12.38
Thereafter 12.48 12.85 13.24 13.64
Page #68
EFFECTIVE EFFECTIVE EFFECTIVE EFFECTIVE
CLASSIFICATIONS: 2/2/98 2/1/99 1/31/2000 1/29/2001
------ ------ --------- ---------
CUSTOMER SERVICE
Meter Readers
First three months 10.50 10.82 11.14 11.47
Next three months 10.88 11.21 11.55 11.90
Next six months 11.26 11.60 11.95 12.31
Next six months 11.64 11.99 12.35 12.72
Next six months 12.02 12.38 12.75 13.13
Next six months 12.40 12.77 13.15 13.54
Next six months 12.78 13.16 13.55 13.96
Next six months 13.16 13.55 13.96 14.38
Thereafter 13.50 13.91 14.33 14.76
FIELD SERVICE
Alternate Field Representatives
First six months 14.37 14.80 15.24 15.70
Next six months 15.25 15.71 16.18 16.67
Thereafter 16.12 16.60 17.10 17.61
Page #69
EXHIBIT III
International Brotherhood of Electrical Workers
Local Union No. 396
CHECK OFF AUTHORIZATION
I, _________________________________________________, herewith authorize
(print name) (employee no.)
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 ______________________________________________________________________
Page #70
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 an 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.
Page #71
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 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.
Page #72
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.
Page #73
Letters of Agreement Continuing to Remain in Effect
The following Letters of Agreement shall remain in force and be included in the
Clerical Collective Bargaining Agreement which is effective February 1, 1998 and
will continue to remain in effective through February 1, 2002.
. Letter of Agreement 14.4 (1988) -- Regarding Retirement
Plans (Brimer/Gilliam)
. Letter of Agreement (1994) -- Discipline Relative to
Tardiness and Attendance (Anzinger/Weddle)
. Letter of Agreement (1994) - Injuries Relative to Dog Bites
(Anzinger/Weddle)
. Letter of Agreement (1994) - Vacation/Sick Leave Bonus
(Anzinger/Weddle)
. Letter of Agreement (1994) - Organization Study (Anzinger/Weddle)
. Letter of Agreement (1994) - Labor/Management Meetings
(Anzinger/Weddle)
. Letter of Agreement (1994) - Work/Family Issues (Anzinger/Weddle)
. Memorandum of Settlement (1995) - Part - Time Employees
(Anzinger/Horvath)
. Letter of Understanding (1995) - Flex Scheduling (Anzinger/Potter)
. Letter of Agreement (1996) - Show of Interest (Anzinger/Potter)
Copies of these letters are provided on the next twelve pages, page #75 through
#86.
Page #74
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.
Page #75
OPTION II: At the time of termination or retirement, Participants in the
EMPLOYEE Nevada Power Company Retirement and Thrift Plan actively employed
- --------
CONTRIBUTION on January 1, 1988, may choose to leave their employee
- ------------ --------
contributions in the Plan, along with earnings and interest
computed at 5% per annum from January 1, 1976, until retirement 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 Planer 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 Plan
EMPLOYER actively employed elect to leave the employer's contribution in
- --------
CONTRIBUTION the Plan, along ted at 5% per annum from January 1, 1976, until
the date. 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
Page #76
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,
S/Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
s/James Anzinger
Business Manager and Financial Secretary
IBEW Local
Page #77
January 6, 1994
Mr. James Anzinger
International Brotherhood of Electrical Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING:
- -----------------------
INJURIES RELATIVE TO DOG BITE
Dear Mr. Anzinger:
During the negotiations of the Clerical agreement, which expires in May 1994,
the Company and Union discussed meter reading injuries relative to dog bites.
The Company and Union agreed to communicate and reinforce, with representative
from the CIC and Commercial Offices, the importance of their initial contact
with the customer in annotating relevant information regarding animals. The
Company will endeavor to locate and provide a list of local attorneys who might
be interested in representing employees negatively impacted by dog bites.
Very truly yours,
s/Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
s/James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
Page #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,
s/Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
s/James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
Page #79
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 Clerical agreement, which expires in May of 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,
s/Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
s/James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
Page #80
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,
/s/ Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
/s/ James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
Page #81
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,
/s/ Gloria Banks Weddle
Vice President, Human Resources and Corporate Services
AGREED:
/s/James Anzinger
Business Manager and Financial Secretary
IBEW Local 396
Page #82
- ---------------------------------
MEMORANDUM OF SETTLEMENT
between
IBEW LOCAL 396
and
NEVADA POWER COMPANY
- ----------------------------------
Nevada Power Company, hereinafter referred to as the employer, and the
International Brotherhood of Electrical Workers, Local 396, hereinafter referred
to as the Union, are parties to a collective bargaining agreement which
establishes wages and working conditions for certain covered employees. This
agreement is described as the Clerical and Plant agreements and contains
procedures for the meaning and interpretation of the agreement.
The following language covers Clerical, part-time employees:
. At least two (2) days off shall be consecutive during the work week,
however, the days off may not be Saturday and Sunday.
Example: The employee's day off may be Wednesday and Thursday.
. At least two (2) hours in any one day shall constitute the work day.
. Shift differential will apply as usual.
. Bilingual pay will apply at $15.00 per pay period.
. Call outs - full-time employees will be called out first.
During emergency situations, full-time employees may not be called-out
first in the interest of coverage.
. At least twenty-four (24) hour notice will be given for change in work
schedule.
. All language relative to meals in Article 6.12 would apply after completing
eight (8) hours of continuous work.
. For the purpose of processing step increases, 1040 hours worked will be
considered equivalent to "six months," as stated in Exhibit II, Schedule of
Wage Rates.
IN WITNESS HEREOF, the parties hereto executed this agreement on the 20/th/ day
of June, 1995.
/s/ Fred Horvath /s/ James Anzinger
NEVADA POWER COMPANY IBEW LOCAL 396
Page #83
September 28, 1995
Mr. James Anzinger
International Brotherhood of Electric Workers, Local 396
3520 Boulder Highway
Las Vegas, NV 89121
LETTER OF UNDERSTANDING
- -----------------------
FLEX SCHEDULING
Dear Mr. Anzinger:
This is to confirm our agreement made relative to flex scheduling and
establishing a program which is available to all departments in the Company
(Plant & Clerical Agreements).
With prior approval of immediate supervision, regular employees will be allowed
flexibility in the starting and quitting times of their regularly scheduled
eight (8) hour shifts. The purpose of the program is to enable employees to
attend to family, medical, community and other needs which may occasionally
arise by reporting to work later than scheduled or leaving work earlier than
scheduled, and to make up the scheduled time not worked.
The program will be administered subject to service requirements of the Company
and the following conditions:
1. An employee who works less than a regular scheduled shift will be paid only
for the time actually worked on that shift.
2. Make-up hours must be worked within the work week in which a flex schedule
is granted. Also, make-up hours shall not be denied once the flex time has
been taken off.
3. Corresponding make-up hours shall be reflected as such in the employee's
time card.
4. No more than twenty (20) flex hours will be allowed in any thirty (30) day
period.
5. Make-up hours available but not worked within the work week will be treated
as an unpaid absence and shall be subject to the attendance policy.
6. Employees may use vacation time as make-up time with supervisory approval.
7. Make-up hours will be paid at straight time regardless of the shift or day
on which they are worked.
No grievance will be filed asserting that the program violates any provision of
the Labor Agreement which may conflict or be inconsistent with the program.
Page #84
This agreement will remain in effect from September 28, 1995 through February 2,
1998, unless canceled in writing by either the Company or the Union with two (2)
week's notice.
Very truly yours,
/s/ Daniel S. Potter
Director, Diversity & Employee Relations
ACCEPTED:
/s/ James Anzinger
Business Manager & Financial Secretary
IBEW Local 396
Page #85
November 25, 1996
Mr. Jim Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
Dear Mr. Anzinger:
This letter will document an agreement between the International Brotherhood of
Electrical Workers (IBEW), Local #396, and Nevada Power Company regarding
assignments within Telephone Service Operations (TSO).
As job functions within TSO become available, TSO employees will be asked to
indicate interest for those functions through a "show of interest" process.
Information regarding the available function will be published, including:
function, shift, description of major duties, skills and knowledge, deadline and
means for responding to the show of interest. All TSO employees who indicate an
interest will be considered for assignment based on skills, knowledge and
Company seniority. When knowledge and skills are substantially equivalent,
Company seniority shall govern.
This process for assigning functions within the TSO will remain in effect until
such time that either party gives written notice to the other party of its
desire to discontinue this process. This process will then be discontinued and
all vacancies that arise subsequently will be filled in accordance with the
applicable job posting system in effect at that time.
Very truly yours,
/s/ Daniel S. Potter
Director, Employee Relations & Diversity
AGREED:
/s/ James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #86
May 27, 1998
Mr. Jim Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
Performance Evaluations Regarding Seniority
Dear Mr. Anzinger:
This letter will document the agreement between the International Brotherhood of
Electrical Workers, Local #396, and Nevada Power Company relative to performance
evaluations scoring and rating as referenced in the contract.
We have jointly agreed not to use performance evaluations that utilize a
numbered rating system. Therefore, in the contract where is states that for a
tie breaker we will use the most recent performance evaluation and the highest
score will break the tie, shall be disregarded. Articles 5.4, 7.1 and Exhibit V,
all dealing with Seniority, are impacted.
The Company and the Union agree to meet to determine a tie breaker.
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #87
November 4, 1998
Mr. Jim Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
Alternate Field Representative, Field Service Representative, Field Service
Investigator
Dear Mr. Anzinger:
This letter will document the agreement between Nevada Power Company (NPC) and
the International Brotherhood of Electrical Workers (IBEW) Local #396 regarding
Alternate Field Representatives (AFR), Field Service Representatives (FSR), and
Field Service Investigators (FSI).
NPC and IBEW agree that AFRs will replace FSRs through attrition. Selections
will be made in accordance with Article 7, Seniority and Promotions, of the
current Clerical Collective Bargaining Agreement (CCBA).
In addition, if a FSR accepts an apprenticeship, their FSR rate of pay will be
frozen until the step wage increase in the new classification reaches their
current rate of pay. Also, CCBA increases will be paid in lump sum.
Finally, future FSI positions will be filled exclusively from the FSR
classification. Once, FSR positions are exhausted or no candidates are available
then AFRs will fill the vacant positions. Selections will be made in accordance
with Article 7, Seniority and Promotions, of the current CCBA.
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #88
November 4, 1998
Mr. Jim Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
1994 - Thirty Year Employees lost vacation
Dear Mr. Anzinger:
This letter will document the agreement between the International Brotherhood of
Electrical Workers, Local #396, and Nevada Power Company relative to employees
who achieved 30 years of employment in 1994.
The following employees shall have returned to them the one week (40 hours) of
vacation that they lost.
Donald Duszynski
Gwendolyn Mabry
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #89
November 9, 1998
Mr. Jim Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
Incentive Programs
This letter will document the agreement between the International Brotherhood of
Electrical Workers, Local #396, and Nevada Power Company relative to incentive
programs. NPC and IBEW will agree to discuss any and all incentive programs
which are an addition to base wages.
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #90
November 19, 1998
Mr. James Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
NO LAYOFFS
Dear Mr. Anzinger:
This letter will document the agreement between the International Brotherhood of
Electrical Workers, Local #396, and Nevada Power Company relative to layoffs for
Clerical employees.
If a full-time Clerical employee was hired on or before November 18, 1998, both
the Union and Company agree that there will be no layoffs of those employees for
the first three years of the Clerical CBA. If there is a layoff on the fourth
year of the contract, the terms and conditions are detailed in Articles 5.4
LAYOFF PROVISIONS and 5.5 SEVERANCE.
The Company may utilize clerical employees in MPAT positions to maximize
employee's skills and meet business needs. The employee would remain in the
Union and keep their seniority.
This is not to conclude that the MPAT position would be covered under the
Clerical CBA.
This agreement will remain in effect until February 1, 2001.
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #91
November 19, 1998
Mr. James Anzinger
International Brotherhood of Electrical Workers
Local Union #396
3520 Boulder Highway
Las Vegas, Nevada 89121
LETTER OF AGREEMENT:
- -------------------
RECLASSIFICATION OF RETAIL OPERATIONS REPRESENTATIVES (ROR)
Dear Mr. Anzinger:
This letter will document the agreement between the International Brotherhood of
Electrical Workers, Local #396 (IBEW), and Nevada Power Company (NPC) relative
to the Retail Operations Representative classification.
In a Letter of Understanding dated August 20, 1996, between NPC and IBEW, the
ROR classification was created. This letter confirms our agreement that the ROR
classification and associated duties have been eliminated. However, the duties
performed by these employees prior to the creation of the ROR classification
will remain under the jurisdiction of the IBEW.
All ROR's will be reclassified as Retail Customer Representatives (RCR)
effective immediately. The Company will notify ROR's in advance of the
reclassification. Following their reclassification to RCR, NPC may transfer them
to the Telephone Service Operations by inverse seniority. The employees affected
will maintain their seniority and wages.
Very truly yours,
Gloria Banks Weddle
Vice President, Corporate Services
AGREED:
James Anzinger
Business Manager and Financial Secretary
IBEW Local #396
Page #92
Index
==============================================================================
401(K)
==============================================================================
401(K) - Tier One, 43
401(K) - Tier Two, 51
==============================================================================
A
==============================================================================
Accidental Life Insurance - Tier One, 44
Accidental Life Insurance - Tier Two, 52
==============================================================================
B
==============================================================================
Benefits - Tier One, 34
Benefits - Tier Two, 44
Bi-Lingual Representatives, 14
Break Periods, 13
Bulletin Boards, 6
==============================================================================
C
==============================================================================
Call-Outs, 15
Check Off Authorization, 70
Classification Descriptions, 60
Continuity of Service, 3
Contracting Work, 6
==============================================================================
D
==============================================================================
Dental Benefit - Tier One, 35
Dental Benefit - Tier Two, 45
Discipline, 5
Dues. See Union Dues
==============================================================================
E
==============================================================================
Employee
Part-Time, 6
Status, 6
Employee
Probationary, 7
Regular, 8
Temporary, 7
==============================================================================
F
==============================================================================
Family and Medical Leave, 55
Funeral Leave, 54
==============================================================================
G
==============================================================================
Grievance Procedure, 22
==============================================================================
H
==============================================================================
HMO - Tier One, 37
HMO - Tier Two, 46
Holidays, 27
==============================================================================
I
==============================================================================
Inclement Weather, 26
==============================================================================
J
==============================================================================
Jury Duty, 54
==============================================================================
L
==============================================================================
Labor/Management Meetings, 57
Layoff Provisions, 8
Leaves of Absence, 53
Light Duty, 33
Long Term Disability - Tier Two, 52
Long-Term Disability Insurance - Tier One, 44
Lunch Periods, 13
==============================================================================
M
==============================================================================
Meals, 16
Mileage Chart, 18
Moving Expenses, 20
Mutual Gains Meetings, 23
==============================================================================
N
==============================================================================
Non-Discrimination, 4
==============================================================================
O
==============================================================================
Overtime, 13
Overtime Equalization, 14
==============================================================================
P
==============================================================================
Partial Disability - Tier One, 39
Partial Disability - Tier Two, 48
Pay Provisions, 14
Preferred Provider Program - Tier One, 37
Page #93
==============================================================================
R
==============================================================================
Rain Gear, 26
Rate of Pay, 12
Recall Rights, 9
Rest Time, 15
Retirement Benefit - Tier One, 42
Retirement Benefit - Tier Two, 50
==============================================================================
S
==============================================================================
Seniority, 19
Severance, 10
Shift Differential, 16
Short Term Disability - Tier One, 40
Short Term Disability - Tier Two, 49
Sick Leave, 32
Sick Leave Agreement, 71
Sick Leave Bonus, 32
Staffing Vacancies, 19
Sub-Departments, 21
==============================================================================
T
==============================================================================
Temporary Layoff Provisions, 8, 72
Term Life Insurance - Tier One, 34
Term Life Insurance - Tier Two, 45
Term of Agreement, 58
Training Exceptions, 15
==============================================================================
U
==============================================================================
Union Business, 6
Union Dues, 5
Union Steward Business, 6
Upgrade, 57
==============================================================================
V
==============================================================================
Vacation Bonus, 30
Vacations, 29
Vehicle Usage, 17
Vision Benefit - Tier One, 35
Vision Benefit - Tier Two, 45
==============================================================================
W
==============================================================================
Wage Rates - Tier One, 63
Wage Rates - Tier Two, 68
Working Hours, 12
Working Safety Committee, 25
Page #94