AMENDED AGREEMENT

 

                                                                    BETWEEN

 

                                             DAVEY TREE SURGERY COMPANY

 

                                                                          AND

 

                                                             LOCAL UNION 465

                                          INTERNATIONAL BROTHERHOOD OF

                                                       ELECTRICAL WORKERS

 

 

                                                 February 1, 2005 – August 31, 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                      AMENDED AGREEMENT

 

            THIS AMENDED AGREEMENT, made and entered into the 30th day of November 2005, by and between Davey Tree Surgery Company, hereinafter referred to as the Company, and Local Union No. 465, hereinafter referred to as the Union.

 

            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 Company, Union and other interested parties may benefit therefrom,

 

                        NOW, THEREFORE, parties hereto do agree as follows:

 

                                                                    ARTICLE I

 

                                                                    Recognition

 

1.1       For the purposes 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 in the classifications shown under Article VIII -Wages, engaged in line clearing tree trimming who work on the premises of San Diego Gas & Electric.

 

1.2       Employees who are members of Union shall perform loyal and efficient work and service, and shall use their influence and best efforts to protect the properties of Company and its service to the public.

 

1.3       During the term of this Agreement, Union shall not call upon or authorize employees individually or collectively to cease or abstain from the performance of their duties for Company, and Company shall not cause any lockout.

 

1.4       It is the policy of the Company and Union not to discriminate against any employee because of race, creed, sex, color, national origin, or age.

 

                                                                   ARTICLE II

 

                                                       Union Security and Activity

 

2.1       All employees working exclusively on San Diego Gas & Electric premises and covered by the terms of this Agreement shall be required to become and remain members of the Union as a condition of employment from and after the 31st day following the date of their employment, or the effective date of this Agreement, whichever is later.

 

     The Union shall indemnify and save the employer harmless against any and all claims, demands, suits or other forms of liability that shall rise out of or by reason of action taken by the employer for the purpose of complying with any of the provisions of the article.

 

2.2       Company shall deduct from employee’s wages and pay over to the proper officers of the Union the membership dues and initiation fees of the members of the Union whom individually and voluntarily authorize such deductions in writing.  The forms of membership application and dues check-off authorization shall be approved by Company and Union and be presented by the Company to the employee at the start of their employment.

 

2.3       Company shall not discriminate against any employee because of his membership in the Union or his activity on behalf of the Union.

 

2.4       The Business Manager of the Union and/or his representatives shall have access to the Company's properties during regular working hours for the purpose of transacting Union business.  The Union shall furnish the Company with a list of such representatives who shall be furnished with proper identification. This privilege shall not be abused by the Union, nor shall the Union interfere with normal work of the employer.

 

2.5       No employee covered by this Agreement shall be required, as a condition of employment, to pass through any primary picket line sanctioned by this Union; however, in the event of an emergency, the Union will assist the Company in seeking permission to pass through such picket line.

 

 

                                                                   ARTICLE III

 

                                                             Hours and Overtime

 

3.1       A work week is defined to consist of seven (7) consecutive calendar days, and a basic work week is defined to consist of five (5) work days of eight (8) hours each.  The days in the basic work week shall be known as work days and the other days in the work week shall be known a non-work days.

 

     The basic work week shall be Monday through Friday, except:  when a job, other than for a public utility, is to be done on Saturday, the Company may assign another day as a non-work day, and Saturday then becomes a work day in the basic work week.  Whenever practicable, the non-work day shall be on a Monday.

 

     In general, the regular hours of work shall be from 7:30 a.m. to 12:00 noon and from 12:30 p.m. to 4:00 p.m. provided, however, that the regular lunch period may be advanced or delayed one hour or less when work must necessarily be performed during the regular lunch period, or when the District Foreman or other supervisor and the employees involved mutually establish a different lunch period.  Such change in the lunch period shall not be deemed to the required payment of overtime.

 

     The regular hours of work may be changed by Company at the request or direction of public authorities or by agreement between Company and Union.  Company shall not be required to pay overtime by reason of any such change.

 

3.2       Employees shall report for work at predetermined assembly points and shall return thereto at the conclusion of the day's work, and the time spent in traveling between such assembly points 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, (d) time worked outside of regular hours of work on a work day.  Overtime shall be computed to the nearest quarter hour.  Nothing contained herein shall be construed to require payment of overtime under more than one of the foregoing definitions for a single period of overtime.

 

3.4       Employees who are required to report for work on non-work days, or outside of their regular hours of work on a scheduled work day or on holiday which they are entitled to have off, shall be paid time in connection therewith one 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 of his regular hours of work on a scheduled work day continues to work into or beyond his regular hours of work, he shall be paid overtime compensation for travel time from his home only.  This gives employees one-half (1/2) hour travel to the District on a call-out.  The one-half (1/2) hour going home will not apply if the call-out runs into the normal work day.

 

3.5       Employees who report for work as provided for 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 1/2) 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 work day or non-work day; and two (2) times the employee's regular rate of pay for all hours worked in excess of twelve (12) hours in any work day or non-work day.

 

3.7       Company shall not require employees who have been required to work overtime to take equivalent time off during a workday.

 

3.8       Employees required to work eight (8) hours or more between their regular quitting hour and their regular starting hour during the basic work week who elect not to work the next regular work day will be excused as work attendance under Section 12.4

 

3.9       Overtime shall be divided as equally as practical among those qualified and available at each temporary or assigned assembly point. 

 

                                                                   ARTICLE IV

 

                                                       Inclement Weather Practice

 

4.1  Employees who report for work on a work day, or for prearranged work on a non-work day, 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.

 

4.l  (a)  The determination for not working on an inclement day shall not be at the discretion of a recipient of inclement pay.  The employees shall work on such days, unless specifically notified otherwise by Company supervision.

 

4.2  Subject to the 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 work week shall be permitted to work on a non-work day within the same work week the number of hours necessary to total forty (40) straight time hours for the week, but not to exceed eight (8) hours.

 

4.2 (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 required 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

 

                                                                      Expenses

 

5.l        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 amounts as follows:, $10.00 for breakfast, $10.00 for lunch, and $10.00 for dinner, 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 work day shall be the midpoint of that shift.  Overtime meal period shall be one and one-half (1 1/2) hours before the start of the shift, two hours after the shift and every five and one-half (5 1/2) 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 in this Article.  Employees whose normal quitting time is 3:30 p.m. or later will be furnished dinner if they are released after 5:30 p.m.  On a scheduled shift where the hours do not conform to those above, the dinner allowance shall be granted if the work continues for more than ten (10) hours from the regular starting time of the shift.

 

5.2   Employees who are assigned to work outside or over 60 miles from their assigned assembly point for San Diego Gas & Electric shall be allowed twenty-five dollars ($25.00) per day as a subsistence allowance for each work day at the temporary assembly point, unless housing is provided by the Company.  Borrego Springs, Potrero, Boulevard, Bucklman Springs 2 and Mt. Laguna will be considered a temporary assembly point, unless San Diego Gas & Electric Company requires an assembly point at this location.  An assembly point is defined as any location where employees are assigned to report for work, and is in excess of ninety (90) days duration.  The time spent by any such employee in traveling to such temporary job at its beginning and from its conclusion shall be paid for by Company.  (See attached Letter of Understanding for further language pertaining to crews assigned to the Borrego Springs temporary assembly point.)

 

5.3   In other than emergency situations, the Company shall give at least twenty-four (24) 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 employee 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 Company's convenience.

 

5.5  In no event shall Company lay off a crew in one headquarter and add a new crew in another headquarter in order to avoid payment of expense as provided in Article V.

 

5.6 (a)  Employees are required to have a valid California driver's license.  The California Department of Motor Vehicles will be the sole authority on the validity of said driver's license.  If an employee should have their driver's license revoked or suspended for any reason whatsoever, the employee is required to immediately notify the Company, and shall have thirty (30) days to reinstate the driver's license, except where the possession of the driver's license directly affects the job.  Employees hired after January 1, 1992, shall maintain a valid California license as a condition of employment.

 

5.6 (b)  All employees in the tree trimming department with a classification of climber 1 or higher shall have and maintain a valid Class “B” (or higher) Commercial Drivers License (CDL) with air brake endorsement which conforms to Federal and/or State law and possess the necessary skills to drive a standard transmission vehicle.  All effected employees shall have 90 days from the ratification date of this contract amendment to obtain a (CDL) and shall maintain such license at all times.  Possession of the (CDL) is a requirement to advance to the Climber 1 and higher positions.

 

5.6 (c) Established employees unable to meet the requirements of section 5.6 (b) due to an unresolved medical condition shall be grandfathered in at their current classification.

 

5.6 (d)  Company and Union will work together to evaluate and assist those employees who are making an acceptable effort but are having difficulty meeting the requirements of 5.6 (b) due to insufficient remedial skills.  When agreeable to both Company and Union, the employees in this category will be given 180 day’s from the date of ratification to meet the requirement of 5.6 (b).

 

5.6 (e)  The Company will reimburse an employee for any extra fees in excess of a standard license, and of any costs required for a doctor's physical.  However, the total reimbursement shall not exceed seventy dollars ($70.00), and will not be made more frequently than once every four years upon evidence that the employee has obtained the license.

 

 

 

                                                                   ARTICLE VI

                                                                       Seniority

 

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 5.

 

6.2  Upon the Union's request, the Company shall furnish the Union with a seniority list including wage rates of all employees covered by this Agreement, and shall keep the Union advised of all additions, deletions, or corrections at three (3) month intervals.

 

6.3  Seniority shall be used as the basis for determining such benefits as transfer rights, protection against demotion and layoff, hospital and life insurance, etc.

 

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 not requiring a leave of absence.

            (c)  Absence by reason of industrial disability while working for Company.

            (d)  Authorized absence by reason of sick leave of absence without pay.

 

6.5  The seniority referred to in Article VI is that seniority accumulated while working for Davey Tree Surgery Company doing contract work for San Diego Gas & Electric.

 

                                                                  ARTICLE VII

 

                                                              Leaves of Absence

 

7.1  Leave of absence shall be granted to employees with six (6) months or more of continuous service, for urgent 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.

 

7.2  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 he returned to work.  The employee shall be restored to employment on the termination of his leave of absence.

 

7.3  Company shall, at the Union's request, grant a leave of absence without pay for three (3) 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 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 except for a period of thirty (30) days or less.

 

7.4  A leave of absence under the foregoing conditions shall be granted to employees who enter the armed forces of the United States provided, however, that any such leave of absence and the reinstatement of any such employee shall be subject to terms of any Act of Congress which provides for reemployment.

 

7.5  If any employee fails to return immediately  on the expiration of his/her leave of absence, or if he accepts other employment while on leave, or if he/she makes application for unemployment benefits while on leave, he/she shall thereby forfeit the leave of absence and terminate his/her employment with the Company.

 

7.6  Any employee who is called upon to be absent from duty due to a death in his/her 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, grandmother, or grandfather.

 

                                                                 ARTICLE VIII

 

                                                                        Wages

 

8.l  The wages to be paid employees of the Company covered by this Agreement shall be increased as follows 2/1/05 - 3%; 9/3/06 – 3.5%.  With respect to wages, all increases for 2005 shall be retroactive to 2/1/05 for all Classifications (to employees of record on date of ratification)

 

                                                                                                Effective           Wage               Safety

                                                                                                                                              Incentive

            Classification                                        Current             2/1/05              9/3/06              9/3/06

                                                                                                  3.0%              3.5%                 0.5%             

            Laborer - 1st Year                               $ 10.45            $10.76             $11.14             $11.20

            Laborer - 2nd Year                              $ 11.31            $11.65             $12.06             $12.12

           

            Apprentice Climber 0-6 months            $11.36             $11.70             $12.11             $12.17

            Apprentice Climber  7-18 months         $12.96             $13.35             $13.82             $13.89

           

            Climber – 1st year                                 $14.71             $15.15             $15.68             $15.76

            Climber – 2nd year                                $16.78             $17.28             $17.89             $17.98

            Climber – Thereafter                             $18.87             $19.44             $20.12             $20.22

           

            Foreman – 1st year                               $19.71             $20.30             $21.01             $21.12

            Foreman – 2nd Year                              $20.32             $20.93             $21.66             $21.77

            Foreman – Thereafter                           $20.97             $21.60             $22.36             $22.47

 

Vegetation Control                                           Current             Effective           Wage               Safety

            VC Tech 1                                           $10.26             $10.57             $10.78             $11.00

            VC Tech 2                                           $11.31             $11.65             $11.88             $12.12

            VC Foreman                                        $15.73             $16.20             $16.52             $16.85

            VC Applicator                                      $16.78             $17.28             $17.63             $17.98

 

VC Tech 1 designation criteria: Non-experienced pole brusher.

 

VC Tech II designation criteria: Must have a minimum of six months pole brushing experience.

 

VC Foreman designation criteria:  must have a minimum of one year pole brushing experience and doesn’t require a QAC.

 

VC Applicator I designation criteria:  Must have a minimum of one year pole brushing experience and must hold a qualified applicators certificate.

 

Davey will reimburse employee for the license fee upon proof of certificate.

 

The 9/3/06 wages for VC will be as stated above.  However, if they are not in parity with Provco, the Safety Incentive will be reduced or eliminated to help bring wage rates into parity with Provco.

 

Wage Re-openers will be scheduled for 9/3/07 for the Tree Trimmer Classifications, and 2/1/2007 for the Vegetation Control Classifications.  Both of these wage re-openers as negotiated increases will be retroactive to the respective dates of 9/3/2007 (Tree Trimmer Classifications) and 2/1/2007 (Vegetation Control Classifications).

           

8.l  (a)  Twelve (12) month wage steps shall be granted when the employee has worked at least nineteen-hundred (1900) hours and twelve (12) months since the last wage increase.

 

Vegetation Control Foreman:  Wage Schedule –24 month Climber with no raise except on general wage increase.  Wage schedule at start of VC work remains until VC work is over for the year.  When VC work is not in progress, VC employees will perform work classification in line clearing crew from Groundman, Climber or Line Clearing Foremen, per his experience, ability, qualifications and job availability, and receive wages as per classification of work performed.

 

Groundman:  An employee under supervision of Working Foreman who is engaged in repetitive, unskilled work such as brushing, raking, digging, loading brush and clearing rights of way, may use power saws and feed chippers.

 

8.2  An employee shall be paid at the wage established for his/her classification. When an Employee is temporarily assigned to work in a classification higher than his/her regular classification he shall be paid at the rate established for such classification for each hour worked.

 

8.3       All employees shall be placed on an hourly rate of pay.  Employees may elect to have their paycheck directly deposited to a Pay Card (if the Company decides to enroll in the Pay Card system), or mailed (using the United States Postal Service regular first-class mail) to them.  If reports are received by Monday, all direct deposits and pay card 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 or pay card deposit, a good faith effort will be made to put paychecks in the U.S. mail by Wednesday (for the prior week’s work).  All payment methods are designed for a Friday payday. 

 

For employees that choose the electronic deposits, their pay stub information will be mailed or delivered within seven calendar days from the date of the deposit. 

 

8.4  When Climbers are hired, due consideration shall be given to their previous experience on 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.

 

                                                                   ARTICLE IX

 

                                                          Promotion and Transfer

 

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 Livermore 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.

 

9.1  (a)  Company shall give consideration to applications for promotion and transfer to vacancies on the basis of seniority, ability and qualifications.  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 agreed that 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 vacancy, the Company may fill the vacancy as provided in Section 9.3

 

9.2  Requests for promotion or transfer shall expire at the end of six (6) months from the time of receipt by Company unless the Company has within the six (6) month period received a request for extension.  If such request for promotion and transfer is offered and employee refuses, the request becomes null and void and he shall resubmit his request.

 

9.3  Company may either promote a lower classification or transfer an employee in the same classification if a job is not filled under Section 9.1.  It is intended that in any such case where the application of Section 9.3 creates a change in headquarters, which would require any employee to change his residence, the Company shall pay for the moving expenses involved.

 

9.4  Whenever a temporary vacancy occurs in any job classification, the Company may fill it by appointment.  If practicable, the Company shall fill such vacancy with the senior employee in the next lower classification within his District.  Temporary vacancies shall be those vacancies caused by the absence of an employee due to industrial injury, leave of absence, vacation or sick leave and additional jobs, which Company contemplates will be of ninety (90) days duration or less.

 

9.5  The seniority referred to in Article IX is that seniority accumulated while working for Davey Tree Surgery Company doing contract work for San Diego Gas & Electric.

 

 

 

 

                                                                    ARTICLE X

 

                                                             Demotion and Layoff