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
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
1.2 Employees
who are members of
1.3 During the
term of this Agreement,
1.4 It is the
policy of the Company and
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
The
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
2.3 Company
shall not discriminate against any employee because of his membership in the
Union or his activity on behalf of the
2.4 The Business
Manager of the
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
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
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
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
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
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
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
7.4 A leave of
absence under the foregoing conditions shall be granted to employees who enter
the armed forces of the
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
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