LOCAL UNION 465
INTERNATIONAL BROTHERHOOD of ELECTRICAL
WORKERS
ASPLUNDH TREE EXPERT CO.
THIS
AGREEMENT is made and entered into the 28th day of October, 2005, by
and between ASPLUNDH TREE EXPERT CO., hereinafter referred to as “Company”, and
IBEW LOCAL UNION 465, hereinafter referred to as the “
WITNESSETH
THAT:
WHEREAS,
the parties hereto desire to cooperate in establishing fair and equitable
wages, hours and working conditions for the employees hereafter designated, to
facilitate the peaceful adjustment of differences that may from time to time
arise between them and to promote harmony and efficiency to the end that the
Company, the
NOW,
THEREFORE, the parties hereto do agree as follows:
ARTICLE I
1.1 For the purpose of collective bargaining
with respect to rates of pay, wages, hours and other conditions of employment,
the Company recognizes the Union as the exclusive representative of those
employees engaged in Line Clearance Tree Trimming and Vegetation Control who
work on the premises of San Diego Gas & Electric in
(a) In
the event the Company expands its operation in tree trimming on the property of
San Diego Gas & Electric, the Company agrees to recognize the
1.2 The Company is engaged in rendering
service to a public utility, which renders services to the public, and the
1.3 The duties performed by employees of the
Company as part of their employment pertain to and are essential in operation
of a public utility and the welfare of the public dependent thereon. During the term of this Agreement, the
1.4 Employees who are members of the
1.5 The Company and the Union support the
principles of collective bargaining and self-organization and further, shall
cooperate in promoting and advancing the mutual welfare of all concerned and in
preserving the continuity of service to the public at all times.
1.6 The Company maintains certain reasonable
policies and practices by necessity, since all employment is based on successful
execution of customer contracts which specify high standards of workmanship,
conduct, productivity and safety.
Violations of such policies and standards by employees, which shall be
cause for disciplinary action or discharge are (a) failure to observe safety
rules; (b) dishonesty; (c) repeated tardiness; (d) unexcused absence; (e)
getting into altercations with, or using profane or abusive language to
customers, property owners and/or tenants and fellow employees during working
hours; (f) gross carelessness in the performance of duties; (g) causing damage
to Company equipment by carelessness or improper use; (h) unauthorized use of
Company equipment; and (i) use of alcoholic beverages during working hours.
1.7 It is the policy of the Company and
ARTICLE II
2.1 All employees, working exclusively on San
Diego Gas & Electric premises and covered by the terms of the Agreement,
shall be required to become and remain members of the
(a) Any
employee appointed to any classification out of any bargaining unit covered by
a collective bargaining agreement with the Union may withdraw from membership
in the Union and his obligation to pay an agency fee shall be suspended for the
duration of such period as the individual is working for the Company in a job
classification not covered by any collective bargaining agreement with the
Union.
2.2 The Employer agrees to deduct after
thirty (30) days, for all employees, the Union initiation fee and monthly dues
from the wages of each employee upon presentation of appropriate authorization.
2.3 All dues and initiation fees deducted
from the wages of employees shall be remitted to the
2.4 Upon written request from the
2.5 The Company agrees to notify the
2.6 If any dispute arises under the
provisions of this Article, it shall be adjudicated under the grievance
procedure provided for in this Agreement.
2.7 The Company shall not discriminate
against any employee because of his membership in the Union or his activity on
behalf of the
2.8 The Business Manager of the
ARTICLE III
3.1 The established workweek of the Company
is from Saturday midnight to Saturday midnight.
The basic workweek shall consist of five (5) workdays of eight (8) hours
each and shall begin Monday and run through Friday. The regular hours of work for all employees
shall be from 7:00 a.m. to 3:30 p.m. with meal period of thirty (30) minutes,
which normally will be from 11:00 a.m. to 11:30 a.m., provided however, that
the regular lunch period may be advanced or delayed one (1) hour or less when
work must necessarily be performed during the regular lunch period. Such a change in the lunch period shall not
be deemed to require the payment of overtime.
The regular hours of work may be changed by the
Company at the request or direction of the public utility or governmental
authorities, and by mutual agreement between the Company and the
3.2 Employees shall have a place at which they report at the start of the day and return thereto at the close of the workday. This is to be considered as an assembly point and shall be that place within a city or town (either incorporated or unincorporated) which has been predetermined and has been assigned to the employee as his regular place for reporting to work each day in that city or town. The time spent in traveling between such assembly point and the job site shall be considered as time worked.
3.3 Overtime is defined as (a) time worked in
excess of forty (40) hours in a workweek, (b) time worked in excess of eight
(8) hours on a scheduled workday, (c) time worked on a non-work day, except as
provided for in Section 4.2, (d) emergency work outside of regular hour so work
on a work day, and (d) time worked on a holiday. Overtime shall be computed to the nearest
quarter hour. Overtime shall not be
pyramided.
3.4 Employee who are required to report for
work on non-work days, or outside of their regular hours of work on a scheduled
workday or on holidays which they are entitled to have off, shall be paid time
in connection therewith, on hour of travel time, but such travel time shall not
exceed one-half (1/2) hour before and, one-half (1/2) hour after release from
duty. If an employee who is called out
for such work outside his regular hours of work on a scheduled workday continues
to work into or beyond his regular hours of work, he shall be paid overtime
compensation for travel time from his home only.
3.5 Employees who report for work as provided
in Section 3.4 shall be paid a minimum of two (2) hours’ pay, including travel
time, at overtime rates.
3.6 Overtime compensation shall be paid at a
rate of pay equivalent to one and one-half (1 ½) times the regular rate of pay
for all hours worked in excess of eight (8) hours up to and including twelve
(12) hours in any workday or non-workday; and two (2) times the employee’s
regular rate of pay for all hours worked in excess of twelve (12) hours in any
workday or non-workday.
3.7 The Company shall not require employees,
who have been required to work overtime, to take equivalent time off during a
workday.
3.8 Overtime work shall be distributed among
employees as equally as is practicable.
ARTICLE IV
4.1 Employees who report for work on a
workday or for prearranged work on a non-workday and are unable to work in the
field because of inclement weather or other similar causes, shall be paid for
actual time worked, if any, but not less than two (2) hours at straight-time
rates. Employees receiving subsistence,
as provided for in Section 5:2, shall continue to receive such subsistence in
addition to the amount provided for under this Section.
(a) The
determination for laying off on an inclement day shall not be at the discretion
of the foreman but that the employees shall work on such days unless
specifically notified otherwise by the general foreman or other high Company
supervisor.
4.2 Subject to approval of the general
foreman or supervisor, those employees who, due to inclement weather or other
excused absences, were prevented from working forty (40) straight-time hours in
a given workweek, shall be permitted to work on a non-work day within the same
workweek the number of hours necessary to total forty (40) straight-time hours
for the week, but not to exceed eight (8) hours.
(a) It
is intended that when such cases occur, employees who did lay off from work
because of inclement weather or other excused absences on a regular work day
shall not be require to work on their next non-work day, but where agreement is
reached between the general foreman or supervisor and the employee, the
employee shall be allowed to do so.
ARTICLE V
5.1 When working overtime before or after the
regular day or shift, or when called out for work at night or on Sundays,
Saturdays or holidays, the Company will provide all meals unless the men are
released on or before mealtime. Where it
is not practicable for the Company to provide such meals, the Company shall
reimburse the employees for the cost of such meals in the amount of $10.00, not
to exceed $30.00 per day. Increase meal allowance to whatever San Diego Gas
& Electric and IBEW Local 465 agree to regarding meal allowances and that
will become a part of this Agreement.
(a) When
instructed before quitting time to report for duty before the next regular
daily starting time, the employee shall provide his own mid-shift meal, the
same as is regularly done on other days.
(b) Mealtime
on a regular workday shall be the mid-point of that shift. Overtime meals period shall be one and
one-half (1 ½) hours before the start of the shift, two hours after the shift
and every five and one-half (5 ½) hours thereafter until employee is released
from duty.
(c) If
an employee, who is working on prolonged overtime, works through two meal
periods, he shall be permitted to combine the allowable cost of such two meals
in the amounts provided for in this Article.
Employees, whose normal quitting time is
5.2 Employees who are assigned to temporary
work at such distance from their established headquarters that it is
impracticable for them to return thereto or to their regular place of abode,
shall be allowed $35.00 per day as subsistence allowance for each workday at
the temporary headquarters. The time
spent by any such employee in traveling to such a temporary job at it beginning
and from it at its conclusion shall be paid for by the Company. The subsistence is an addition to meals
whenever employees are stationed out of town.
Increase or decrease subsistence allowance to whatever San Diego Gas
& Electric and IBEW 465 agree to regarding subsistence allowances and that
will become part of this Agreement.
(a) Temporary
work, as used in this Section, shall mean any assignment away from their
regular established headquarters lasting ninety (90) days or less.
(b) Employees
assigned to temporary work shall be paid expense allowance for the following:
(1)
Each scheduled day he works in his basis workweek or is prevented from
performing such scheduled work by inclement weather conditions.
(2)
Each day he reports for prearranged work on a non-work day; and
(3)
Holidays which fall on a workday in his basis workweek.
5.3 In other than emergency situations, the
Company shall give at least forty-eight (48) hours’ notice to an employee who
is to be sent out of town for temporary work as defined in Section 5.2, in
order that the employees may have time to prepare for the trip.
5.4 It shall not be a condition of employment
for an employee to maintain a telephone or use their personal automobiles or
vehicles for the Company’s convenience.
5.5 The payment for mileage allowance will be
made according to IRS published recommendations.
ARTICLE VI
6.1 Seniority is defined as the length of
continuous service with the Company.
Continuity of service shall be deemed to be broken when (1) an employee
is discharged for cause; (2) an employee voluntarily terminates employment; (3)
an employee has been laid off for more than twelve (12) consecutive months; or
(4) an employee has violated the provisions of Article VII, Section 7.6.
6.2 The Company shall furnish the Union with a
seniority list, including wage rates of all employees covered by this
agreement, and shall keep the
6.3 Seniority shall be used as the basis for
determining such benefits as vacation, holidays, transfer rights, protection
against demotion and layoff, hospital and life insurance, pension, et cetera.
(1) In
determining an employee’s qualifications for application of Section 8:4,
Article XI (Holidays), Article XII (Vacations), and Article XVI (Group Hospital
and Life Insurance plans), seniority shall mean the time spent in the employ of
San Diego Gas & Electric, which is qualified under Section 6:1 as
continuous service, together with all time credited as seniority with Asplundh
Tree Expert Co., or any of its affiliates, if the employee so being credited
has been hired by San Diego Gas & Electric within thirty (30) days of the
date of termination from one of the above mentioned companies. Such seniority determination shall be limited
to the above-noted Articles.
(2) For
all other provisions of the Agreement, seniority shall mean only the time spent
in the employ of Asplundh Tree Expert Co., which meets the specific conditions
as outlined in Section 6:1.
6.4 The continuity of an employee’s service
shall not be broken by absence for any of the following reasons and his Company
seniority shall accrue for the period of any such absence:
(a) Induction,
enlistment or active duty in the armed forces of the United States, or service
in the Merchant Marine, under any Act of Congress which provides that the
employee is entitled to reemployment.
(b) Absence
on Union business;
(c) Absence
by reason of industrial disability;
(d) Absence
by reason of sick leave of absence without pay;
(e) An
employee shall not accrue vacation time while on a leave of absence under
Subsection (b) and (d).
ARTICLE VII
7.1 A leave of absence shall be granted
without pay to regular employees for urgent, substantial reasons, provided
adequate arrangements can be made to take care of the employee’s duties without
undue interference with normal routine of work.
Leave will not be granted if the purpose for which it is requested may
lead to the employee’s resignation.
7.2 A leave shall commence on and include the
first workday on which an employee is absent and terminate with and include the
workday preceding the day he or she returns to work. The employee shall be restored to employment
on the termination date of his or her leave of absence. If, during an employee’s absence on leave, a
reduction in forces was necessary, the restoration of the employee to active
employment would depend upon the application of Article X.
7.3 Except as otherwise provided herein, an
employee’s seniority shall not accrue while he is on leave without pay. However, an employee’s status as a regular
employee shall not be impaired by a Leave of Absence.
7.4 The Company shall at the request of the
Union grant a Leave of Absence without pay for three years or less to an
employee who is appointed or elected to any office or position in the Union and
whose services are required by the
7.5 A Leave of Absence under the foregoing
conditions shall be granted to employees who enter the armed forces of the
7.6 If an employee fails to return
immediately on the expiration of his Leave of Absence, or if he accepts other
employment while on leave, or if he makes application for unemployment benefits
while on leave, he shall thereby forfeit the Leave of Absence and terminate his
employment with the Company.
(a) Any
employee who is called upon to be absent from duty due to a death in his
immediate family shall be excused, without loss of regular pay, for a
reasonable time, not to exceed three (3) days, in order to permit him to make
arrangements for and to attend the funeral.
“Immediate family,” as used in this paragraph, means the employee’s
father, mother, son, daughter, brother, sister, husband, wife, mother-in-law,
father-in-law, grandmother, grandfather, and other relatives who live with, and
are a part of, the employee’s family.
ARTICLE VIII
8.1 All employees shall be placed on an
hourly rate of pay. Employees may elect
to have their paycheck deposited into a bank account, or mailed (using the
United States Postal Service regular First Class Mail) to them.
If reports are received by Monday,
all direct deposits will be placed electronically to the employee’s bank no
later than Thursday (for the prior week’s work). For employees that do not desire direct
deposit, a good faith effort will be made to put paychecks in the U.S. Mail by
Wednesday (for the prior week’s work).
Both payment methods are designed for a Friday payday.
For employees that choose direct
deposit, their pay stub will be mailed or delivered within seven calendar days
from the date of direct deposit.
8.2 When an employee is temporarily assigned
to work in a classification higher than his regular classification for two (2)
hours or more during the day, he shall be paid no less than the minimum rate
established for such classification for all time worked in the assigned
classification.
8.3 When Climbers are hired, due
consideration shall be given to their previous experience in work similar to
that covered by this Agreement and they shall be credited for the equivalent
value of such experience in the Climber’s wage schedule, as determined by the
Company.
8.4 The Company and
8.5 An employee who has accumulated
sufficient time in a classification having a time progression shall be advanced
to the next step in such classification until he receives the maximum rate
thereof. For the purpose of wage rate
progression in a temporary classification, the time worked by an employee in
other than his regular classification shall also be accrued in such temporary
classification.
8.6 Employees shall report for work dressed
in suitable attire to perform their duties and shall be neat and clean in
appearance.
8.7 As long as the Company requires uniforms
to be worn by employees as a condition of employment, such uniforms shall be
provided by the Company.
ARTICLE IX
9.1 Employees may file requests, in writing,
for promotion to the Working Foreman classification or for a transfer to a new
location in their present classification with the office of the Company. For other than temporary vacancies, whenever
a vacancy occurs, the Company will, before filling such vacancy, first give
consideration to such requests, and qualifications being sufficient, shall give
preference on the basis of seniority.
(a) The
Company shall give consideration to applications for promotion and transfer to
vacancies on the basis of seniority. In
order to determine the relative seniority of persons filing applications on a
vacancy or to determine its validity on a particular vacancy, it is agrees that
the Company shall only consider those applications on file at the time the
vacancy occurs. Should there be no
application from a qualified employee on file at the time of a vacancy, the
Company may fill the vacancy as provided in Section 9.2.
9.2 Requests for promotion or transfer shall
expire at the end of six (6) months from the time of receipt by the Company,
unless the Company has within the six month period received a request for
extension.
9.3 The seniority referred to in Article IX
is than seniority accumulated while working for Asplundh Tree Expert Co., doing
contract work for San Diego Gas & Electric.
ARTICLE X
10.1 In the event a reduction of forces or a
permanent curtailment of operations shall occur, employees shall be demoted or
laid off in the reverse order of their Company seniority in the area covered by
this Agreement in which they are working at the time of the reduction or
curtailment, provided that any employee displacing an employee in a lower
classification shall have the ability to do the work of that classification.
(a) An employee shall demote or displace
under the following rules:
(1) No
employee may displace another employee who has equal or greater Company
seniority than his own.
(2) An
employee shall have the right to displace that employee in his own
classification at the assembly point closest to his own who has the least
Company seniority or he may elect to accept a demotion to a lower
classification by applying the above procedure to the classification to which
he is demoting.
(3) If
the above displacement within his own classification or another is not possible
or if a demotion is available and the employee does not wish a demotion, he
shall be given the option to displace in his own classification at the assembly
point next closest and so on until an election is available or the employee has
exhausted his possibilities.
(4) If
there is no job to which the Company can demote an employee under this Section,
or if the employee does not effect a displacement under this Section, he shall
be laid off.
(5) An
employee who has been demoted or displaced under this Section shall have
accelerated rights to the classification from which he was demoted and/or to
that assembly point from which he was displaced.
(6) An
employee laid off under the provisions of this Section shall within one (1)
year of layoff have preferential rehire rights, by Company seniority, to a job
with the Company before new employees are hired to fill job vacancies. It shall be the responsibility of the
laid-off employee to keep the Company informed of his current address.
10.2 The Company shall give as much notice as
possible of any layoff.
10.3 If in the application of this provisions of
this Article, an employee in a classification which, in the normal line of
progression, is higher than an apprentice classification can effect a
displacement in such classification, the former shall not take such apprentice
classification but shall be given the rate classification next higher thereto.
10.4 The seniority referred to in Article X is
that seniority accumulated while working for Asplundh Tree Expert Co. doing
contract work for San Diego Gas & Electric.
10.5 Employees who accept non-bargaining unit
positions shall not accrue bargaining unit seniority while holding
non-bargaining unit positions. Should an
employee return to the bargaining unit, their seniority will be the time spent
in the bargaining unit working for the Company on San Diego Gas & Electric
property.
ARTICLE XI
11.1 Employees with six (6) months’ seniority
shall be entitled to the following holidays off with pay when they fall on a
workday:
New
Year’s Day (January 1st)
Washington’s
Birthday (3rd Monday in February)
Memorial
Day (Last Monday in May)
Independence
Day (July 4th)
Labor
Day (1st Monday in September)
Thanksgiving
Day (4th Thursday in November)
Day
after Thanksgiving
Day
before Christmas (December 24)
Christmas
Day (December 25)
Three
(3) Floating holidays
11.2 When any of the above holidays fall on a Sunday, the Monday following shall be observed as a holiday.
(a) When
any one of the above holidays falls on s Saturday, an employee shall be
entitled to have an additional day off with pay, such day to be scheduled with
the mutual consent of the employee and his supervisor in charge.
11.3 An employee who is absent without a bona
fide reason on the work day, either immediately preceding or following such
holiday, shall not receive pay for the holiday.
11.4 Employees with six (6) months’ seniority
shall be entitled to three (3) floating holidays each year.
ARTICLE XII
12.1 Employees covered by this Agreement shall
be entitled to vacation pay as follows:
After one (1) year of continuous
service – 5 days
After two (2) years of continuous
service – 10 days
After ten (10) years of continuous
service – 15 days
12.2 If a holiday occurs on a workday during an
employee’s vacation, such employee shall be entitled to an additional day of
vacation and shall be compensated for the holiday as such.
12.3 Vacations will be granted throughout the
year. In the scheduling of vacations,
consideration will be given to employee requests consistent with the operating
needs of the Company.
12.4 An employee may forego his vacation in one
year and add it to his vacation in the next following year. In no event shall an employee defer his
vacation longer than one (1) year, or be permitted to take more than the total
of two (2) vacation periods in any one calendar year, or take a vacation in
advance of the year in which it is due.
If an employee defers his vacation under the provisions of this Section,
he shall take it at the convenience of the Company and at such time as not to
interfere with the regular vacation schedules of other employees.
12.5 Service in the Company, for vacation
purposes shall be considered to have been started on anniversary date of
employment. An employee will be eligible
to receive vacation at that time.
Vacation time will be based on a minimum of eighteen hundred (1800)
hours worked in the preceding calendar year.
Less than eighteen hundred (1800) hours will be pro-rated and will be
paid at the rate of pay at the time of receiving said vacation. In cases of illness, a doctor’s certificate
may be required by the Employer.
ARTICLE XIII
13.1 The Company and the
13.2 The Company reserves the right to draft
reasonable safety rules for employees and to insist on the observance of such
rules. A copy of the rules will be
furnished to the
13.3 The Company shall hold safety first aid
meetings for all employees at least once a month. The meetings shall be held at pre-designated
locations, and shall be held during the regular work hours, and shall be no
less than one-half (1/2) hour in duration.
1.) The
company will make available, at no cost to employees, non-prescription safety
glasses, either sun tint or clear.
2.) Each
crew shall have daily tailboard briefing on the job, which shall outline the
safe and proper methods of performing the day’s work.
3.) All
trucks must be equipped with a proper first aid kit, which must be kept fully
stocked.
13.4 Upon request of the Union, the Company
shall meet with the
13.5 The State of
13.6 All employee who drive the Employer’s
equipment shall have and maintain a valid Commercial Drivers License (CDL)
which conforms to the Federal and/or State law and possess the necessary skills
to drive a standard transmission vehicle.
All new employees hired after
If an employee hired prior to
Once the CDL has been obtained,
then, in the case of future disqualification of an employee, the employee may
be assigned to other work, if available, if the employee was hired before
(a) The
Company will reimburse the employee for any extra Department of Motor Vehicle
fees in excess of a standard license, and for any costs required for a doctor’s
physical.
13.7 All employees shall have and maintain an
American Red Cross First Aid and CPR card, or First Aid and CPR card approved
by the Company that meets State and Federal requirements. The Employer will furnish the instructor and
the necessary materials for the course.
The course will be conducted on the employee’s own time.
ARTICLE XIV
14.1 The Employer shall furnish all necessary
tools and equipment, and shall provide two pair of work gloves per year for
each employee. Employees will be
responsible for the tools and equipment issued to them, providing the employer
provides a safe place for storage.
14:2 Whenever two (2) or more employees are
assigned to one (1) job, one shall be rated as a Working Foreman and shall
receive the wages therefore as set forth in Section 8.1.
14.3 Probationary Employees: No seniority shall
be considered for an employee until the employee has been with the Company for
six months, but after serving this period seniority shall be computed from the
date hired. The
ARTICLE XV
15.1 Any grievance which may arise between the
Union, or any of its members, and the Company with respect to the
interpretation or application of any of the terms of this Agreement and with
respect to such matters as the alleged discriminatory or arbitrary discharge or
discipline of an individual employee, shall be determined by the procedures set
forth in the following sections.
15.2 As the initial step in the adjustment of a
grievance, it shall be discussed by the Union Shop Steward and the General
Foreman. In the absence of the Shop
Steward, the grievance shall be taken up by the authorized Union Representative
directly with the General Foreman. The
purpose of such discussion shall be to reach a satisfactory disposition of the
grievance.
No grievance or complaint shall be
considered unless it has been first presented within ten (10) working days of
the alleged occurrence thereof, or the date the employee or
15.3 If a grievance is not satisfactorily
settled under Section 15.2, it shall be presented to the General Foreman in
writing by the Union Representative. The
General Foreman shall make his reply in writing within ten (10) workdays after
receipt to the Union Representative filing the grievance. If the General Foreman either fails or
refuses to reply to the grievance within ten (10) days after receipt of the
grievance, the merits of the grievance shall be considered as admitted and the
demands of the party asserting the grievance shall be granted. The ten (10) day period may be extended by
mutual agreement, and such agreement shall not be unreasonably withheld.
15.4 If a grievance is not settled
satisfactorily under Section 15.3, it shall be presented in writing by the
(a) A
statement of the nature of the grievance and the facts upon which it is based.
(b) The
Section or Sections of the Agreement, if any, relied upon as being applicable
thereto.
(c) The
remedy or correction which is desired.
The Company shall reply within seven
(7) calendar days after receipt, setting forth the Company’s position on the
grievance.
If the Company fails or refuses to
comply with the time limits herein, the merits of the grievance shall be
considered as admitted and the demands of the party asserting the grievance
shall be granted. The seven (7) day
period may be extended by mutual agreement.
15.5 If no satisfactory settlement is arrived at
under 15:4, either party may, within twenty-one (21) days, request that the
grievance be referred to arbitration.
15.6 In the event the grievance involves an
employee’s qualifications for transfer, or involves an employee’s discharge or
discipline, the General Foreman’s reply in Section 15.2 must be made within ten
(10) workdays. Under Section 15.4, the
15.7 In case of failure to agree to a settlement
using Article 15.1 through 15.6, the matter in dispute shall be submitted
within the next ten working days to a mediator from either the Federal
Mediation and Conciliation Service or to the State of
15.8 The sole Arbitrator shall be selected
through the American Arbitration Association and in accordance with the rules
of the Association. The Association shall
be directed to submit a list of seven (7) names. A name will be selected form that list
agreeable to both parties. The expense
of the Arbitration shall be borne equally by both parties. The Arbitrator shall without delay, hear the
evidence and render his decision in writing, which shall be final and binding
upon both parties for the duration of this Agreement.
The Arbitrator shall have no right
to add to, subtract from, alter, amend or modify any of the terms of this
Agreement.
The arbitration obligation shall not
continue after contract expiration for matters arising thereafter. The Company and the
ARTICLE XVI
16.1 The Company agrees to put into effect
Kaiser Health Plan “RR” and a group life insurance plan for those employees
with six (6) months or more of Company seniority.
(a) The Company will be responsible for the
following contributions for enrolled participants per month, to be applied
to the Kaiser Plan "RR" premium.
Single: $100.85
per month
Employee & Child $141.72
per month
Employee & Children $166.62
per month
Employee & Spouse $166.62
per month
Upon the written request of
either party, the
(b) For
the purpose of this section, straight-time hours worked shall be understood to
include straight-time hours paid.
(c) The
Company will provide each employees having six (6) months or more of Company
seniority with five thousand dollars ($5,000.00) of life insurance at no cost
to the employee. This is based upon
employee completing enrollment application within thirty (30) days following
employee’s six (6) month seniority date.
(These applications will be provided by the company on the six (6) month
anniversary date.) The employee may
elect to take an additional five thousand dollars ($5,000.00) of life insurance
at a cost to the employee of nineteen cents ($.19) per thousand.
16.2 Effective November 1, 2005, the Employer
will discontinue the previous Dental Plan and offer a
Employee Only Coverage: $ 9.73 per month
Employee and One
Dependent Coverage $17.51 per
month
Family Coverage $25.28
per month
ARTICLE XVII
17.1 Any employee who may be called for jury
duty shall be permitted to be absent with pay for a maximum of up to two (2)
weeks in any twelve (12) month period.
17.2 When an employee is called for jury duty,
the Company will pay the difference between jury fees and the regular scheduled
straight time pay for the maximum of two weeks.
ARTICLE XVIII
18.1 All employees covered by this Agreement
with two (2) or more years’ seniority shall be granted eight (8) hours’ sick
leave.
18.2 Eight (8) hours’ sick leave with pay shall
be allowed for each full year worked.
18.3 The waiting period for employees with two
years of employment shall be one day and the employees shall be paid a full
day’s sick leave on the second day.
(a) If
an employee enters the hospital on the first day of sickness or disability, the
waiting period shall not be applicable and the employee shall be paid sick
leave starting with the first day.
18.4 Sick leave shall be integrated with the
State Disability Plan or Workers’ Compensation when applicable.
18.5 If a holiday occurs on a workday during the
time an employee is absent on sick leave with pay, he shall receive pay for the
holiday as such, and it shall not be counted as a day of sick leave.
18.6 The Company will 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, he
shall restore to the Company all sick leave payments he received as a result of
such abuse. In case of recurring offenses
by the employee, the Company may cancel all or any part of his current and
accumulated sick leave, and may treat the offense as it would any other
violation of a condition of employment.
18.7 On termination of employment, an employee’s
unused sick leave shall be canceled and shall not be subject to cash pay-out.
18.8 Disciplinary action will be taken by the
Company in any case where excessive time off interferes with the Company’s
operation. Excessive time off may be
cause for dismissal.
ARTICLE XIX
19.1 This
Agreement shall take effect October 31, 2005 and shall continue in effect as
further amended herein to and including August 31, 2008 inclusive and shall
continue in full force and effect from year to year thereafter unless written
notice is given by either party hereto to the other at least sixty (60) days
prior to the annual anniversary date requesting that the agreement be canceled.
19.2 If not canceled as above provided, then
this Agreement shall continue in effect from year to year; however, it is
further provided that if either party desires to amend the Agreement as to any anniversary date, then it
shall so notify the other party in writing at least sixty (60) days prior to
that anniversary date. If a notice of
amendment has been filed with either party by the other, then this Agreement is
concluded.
19.3 Wage schedule attached represents an
increase to all wage classifications, retroactive to include all active
employee’s currently working as of ratification. Wage increases of 3% with.36¢ increase for
all classifications effective 2/1/05; and 3.5% with .5% safety incentive
effective 9/1/06; 4% with .1% safety incentive effective 9/2/07.
19.4 Any provision of this Agreement which may
be in conflict with any Federal or State Law, regulation or executive order,
shall be suspended and inoperative to the extent of and for the duration of
such conflict.
19.5 Notwithstanding the provision of Section
19.1, either party may forthwith terminate this agreement in the event the
other breaches its obligation as set forth in Section 1.3 thereof.
19.6 If the Union grants to any other employer
doing the same type of work covered by the agreement in any geographical area
covered by the Agreement an contract whose total wages and fringe benefits are
less favorable to the employee covered under such an agreement that are the
total wages and fringe benefits which are applicable to employees covered by
this Agreement, Asplundh Tree Expert Co. or its successors or assigns shall
upon written notice to the Union bargain in good faith regarding item which are
less favorable in wages and fringe benefits contained in such other
Agreement. All provisions of the
collective bargaining agreement in effect between the parties and any
extensions or amendments thereto shall remain in full force and effect
throughout any bargaining pursuant to this Article.
19.7 If the Union negotiates with any other
employer, doing the same type of work covered by this Agreement in any
geographical area covered by this Agreement, a contract whose total wages and
fringe benefits are more favorable to the employees than are the total wages
and fringe benefits which are applicable to employees covered by the instant
Agreements, Asplundh Tree Expert Co. or its successors and assigns shall, upon
written demand by the Union, bargain in good faith regarding increasing the
total wages and fringe benefits in the instant Agreement to the amount of the
total wages and fringe benefits contained in such other agreement. All provisions of the collective bargaining
agreement in effect between the parties, and any extensions or amendments
thereto, shall remain in full force and effect throughout any bargaining
pursuant to this Article.
In order to facilitate the operation
of this Article, the Union agrees to furnish the employer upon request with a
copy if the collective bargaining agreement between the
19.8 In the event the parties cannot conclude an
Agreement within ninety (90) days from the date either has notified the other
regarding Article 19.6 or 19.7 either may request that the dispute be submitted
to arbitration.
19.9 During the
term of this Agreement IBEW Local 465 and the Company agree to consider and
explore the establishment of a joint apprenticeship program for Line Clearance
Workers. Such program may (or may not)
include other jurisdictions of the IBEW within
Exhibit “A”
The
wages to be paid employees of the Company covered by this Agreement shall be as
follows:
Effective Effective Effective Effective
Classification
Laborer
– 1st Year $10.58 $10.94 $11.32 $11.77
Laborer
– 2nd Year $11.44 $11.80 $12.22 $12.71
(7-18
months) $13.07 $13.43 $13.90 $14.46
Climber
– 1st Year $14.80 $15.16 $15.69 $16.32
Climber
– 2nd Year $16.86 $17.22 $17.82 $18.54
Climber – Thereafter $18.95 $19.31 $19.99 $20.79
Working
Foreman – 1st Year $19.78 $20.14 $20.84 $21.67