AGREEMENT
Between
NRG Western
Affiliate Services Inc.
And
INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS
I.B.E.W. LOCAL
465
AFL-CIO
Effective March 1, 2007
Preamble
Article 1 No Discrimination and Equal Employment
Article 2 Recognition
Article 3 Definitions
Article 4 Union Membership and Representatives
Article 5 Management Rights
Article 6 No Strike or Lockout
Article 7 Grievance and Arbitration
Article 8 Hours of Work and Overtime
Article 9 Shift Changes
Article 10 Seniority
Article 11 Paid Time Off
Article 12 Health and Welfare Benefits
Article 13 Holidays
Article 14 Retirement Programs
Article 15 Funeral Leave
Article 16 Jury Duty Pay
Article 17 Safety Devices
Article 18 Physical Examinations
Article 19 Military Leave
Article 20 Wages
Article 21 Duration and Closure
Article 22 Term of Agreement
AGREEMENT
Entered Into Between NRG Western Affiliate Services, Inc.
and the International Brotherhood of Electrical Workers
(I.B.E.W.)
Affiliated with the AFL-CIO
Local no. 465
March 1, 2007
This
Agreement is entered into effect March 1, 2007, by and between NRG Western
Affiliate Services Inc. (the “Company” or the “Employer”), its successors or
assigns, and Local Union 465, of San Diego, California, of the International
Brotherhood of Electrical Workers, affiliated with the American Federation of
Labor and Congress of Industrial Organizations, hereinafter referred to as the
“Local Union,” covering all classifications of employees as scheduled in
Exhibit A attached hereto.
The Local
Union agrees for its members (who are employees of the Company) that they will
individually and collectively perform loyal and efficient work and service,
that they will use their influence and best efforts to protect the property of
the Company, and that they will cooperate in promoting and advancing the
welfare of the Company. The Company
agrees that it will cooperate with the Local Union in its efforts to promote
harmony and efficiency among all of the Company’s employees.
The Company and the Union enter into
this Agreement in a good faith effort to establish flexible work rules and
related working conditions for the mutual benefit of the Company and its
employees and the enhance the ability of the Company to meet the competitive
challenges inherent in operating the facility subject to this Agreement. The
1.1
It is the policy of
the Company and the Union not to discriminate against any employee on account
of race, color, sex, sexual orientation, religion, age, national origin,
ancestry, disabled, medical condition, marital status, disabled veterans and
veterans of the
2.1 The
2.2 The
Company and the
2.3
Nothing in this agreement is intended or shall be used to violate any municipal
ordinance, state law or safety standard, or any other legal public requirement,
nor is it intended to allow danger to continue to the detriment of either the
Company or an employee.
2.4 It is
understood and agreed that if, during the term of this agreement, mandatory
laws applicable to and in conflict with any of the provisions hereto shall become
effective and thereafter govern the parties in respect to such conflicting
provisions, this agreement shall be subject to modification by mutual agreement
of the parties hereto, covering the provisions which conflict.
2.5 It is
further agreed that the terms and conditions included in this contract shall be
the only contractual terms by which the employees are covered.
ARTICLE 3
For the purpose of this Agreement,
the following definitions shall apply:
3.1 EMPLOYEE
– Employee includes all employees in the bargaining unit, who may also be
referred to as technicians. Employees
shall, under the direction of NRG Management, operate and maintain all steam,
electrical, mechanical, instrumentation, and control equipment in the
plant. Employees shall also perform all
other duties as assigned. Unless
otherwise stated, employees are full-time.
3.2 PROBATIONARY
EMPLOYEE – A Probationary Employee is an employee just hired who works
under the provisions of this Agreement but is employed on a trial basis, during
which time the employee may be discharged at the Company’s sole discretion with
or without cause. The probationary
period shall be six months that may be extended for an individual employee by
agreement of the Company and the
3.3 PART-TIME
EMPLOYEE – A Part-Time Employee is an employee who works a routine schedule
on an ongoing basis from twenty (20) to thirty-two (32) hours per week. Part-Time employees are subject to the
probationary period and are eligible for benefits.
4.1 All employees of the Company coming within the
classifications covered by Exhibit A of this agreement shall be required to
share in the cost of maintaining and operating the Local Union as their
collective bargaining agency in accordance with its rules, and shall be members
thereof. It is understood that no
employee will be laid off, suspended, or discharged for the reason that the
employee has not tendered the periodic dues uniformly required as a condition
of acquiring or retaining membership until three days after the employee’s
department head, or higher Company official, is cognizant of the fact that the
employee has been duly notified that the employee has not tendered such dues
and fees. The foregoing provisions shall
not be construed as denying the Company the right to hire its employees
regardless of whether or not such employees are members of the Local Union, but
it is the intent of the parties hereto that newly hired employees covered by Exhibit
A of this agreement shall become members in good standing of the Local Union
after thirty days from the date of their employment. However, summer student employees and
employees hired for temporary employment shall become members in good standing
of the Local Union after ninety days from the date of their employment.
4.2 The Local
4.3 The
Company will deduct the prescribed monthly Union dues from the wages of
employees who individually and voluntarily authorize such deductions. Any such authorization shall be made in
writing, and on a form agreed upon by the Company and the
4.4 The
Company hereby agrees to honor contribution deduction authorizations from its
employees who are union members in the following form:
I hereby authorize the Company to deduct from my pay the
sum of one cent ($.01) for each straight time hour paid and to forward that
amount bi-weekly to the
International Brotherhood of Electrical Workers, AFL-CIO,
Committee on
Political Education,
COPE will use the money to make political contributions and
expenditures in connection with federal, state and local elections and that
this voluntary authorization is in response to a joint fund raising effort by
the IBEW and the
AFL-CIO. The
4.5 In
case the Company should contract any work which is normally done by employees
of the bargaining unit, the Company shall, before awarding such contract, advise
the contractor that the work is to be done under similar terms and conditions
of this agreement, and/or such other agreements as may be entered into between
the contractor and bona fide local unions of international organizations
affiliated with the American Federation of Labor and Congress of Industrial
Organizations or other bona fide labor organizations. This section applies only
to contracts for work, which qualify under the construction job site exception
defined in Section 8(e) of the National Labor Relations Act. The Company will not subcontract work
consistently performed by the regular forces purely for the purpose of
conducting a reduction-in-force, unless federal, state, county or city
ordinances require the Company to subcontract work previously performed by the
regular forces.
4.6 When
only one union contractor submits a bid for work, which is to be subcontracted
under the terms of the Amended Agreement, the Company may be awarded the
contract to a non-union contractor on a competitive basis.
4.7 The
Business Representative of the Union, Local 465, shall be permitted and
authorized to enter the premises at reasonable times upon prior notice to and
approval by Company management, which approval shall no be unreasonably
withheld, to see that the provisions of this Agreement are being observed. The Business Representative shall wear appropriate
personal safety equipment at all times when on the premises. Such visits shall not interfere with the work
of the employees or with operations of the Company. This provision does not authorize any
employee to leave his or her assigned duties without approval of a supervisor.
4.8 Steward
Provisions
4.8.1
Appointments – A written list of the names of the Stewards and any
changes in the list made thereafter, shall be given to Human
Resources or his or her designated
representative at least 24 hours prior to the effective date of the assumption
of the duties of such Stewards, if possible, but in any event before such
Stewards perform any duties. Such notification
shall be made by the Business Manager or his or her designated representative.
4.8.2
No employee shall
serve as a Steward while on leave of absence.
Steward must be an employee of the location he/she represents, and must
hold a Union job classification. A
Steward must be a regular employee as in the definition section of the
Agreement.
4.8.3
Duties – A Steward may perform the following duties:
(a)
Investigate any such
grievance so it can properly be presented to the appropriate supervisor or
manager for the further processing thereof.
(b)
Present to an
aggrieved employee’s immediate supervisor or manager at the 2nd
Step, grievances which have been submitted by an employee in his jurisdiction
for adjustment.
4.8.4
Reporting – It is understood and agreed that Stewards are employed
to perform full-time productive work for the Company except when performing
those duties specified in (1) and (2) above.
Accordingly, before performing any grievance work as provided herein,
the Steward shall report to his or her regular place of work.
4.8.5
When the presence of a
Steward is desired by an aggrieved employee, he or she shall inform his or her
immediate supervisor, who will arrange for the release of the Steward.
4.8.6
Grievance handling and
processing shall be confined to the beginning and end of the shift, unless the
nature of the grievance is such that it can be handled only at some other time
of the day in which the Steward will be released as soon as he can be replaced
by an employee of sufficient skill on a straight time basis.
4.8.7
Rules
(a) Stewards shall not be compensated for any
time spent in the processing of grievances.
(c)
Stewards shall perform
duties in a manner, and at a time, which is not disruptive to the work
processes.
Management
Rights
5.1 The parties recognize that the compensation and
benefits employees receive as a result of their employment depend upon the
success of the Company and its ability to manage its operations in a manner the
Company deems appropriate to meet the challenges inherent in a competitive
marketplace. Accordingly, the parties agree that the Company retains the sole
and exclusive right to manage its operations, subject to the provisions of this
agreement:
5.1.1
Direct the working
forces, hire, promote, demote, suspend, lay off, and discipline or discharge
for just cause;
5.1.2
Maintain efficiency
consistent with competitive conditions and the right to establish and control
standards and quality of production;
5.1.3
Determine the number,
location, and types of departments, and transfer work to specific departments
for the performance of all or any part of its operation;
5.1.4
Company has all rights
regarding capital expenditures and decisions regarding the nature and selection
of all machinery, equipment, methods, or processes used; introduce new
equipment, machinery, methods, or processes and repair, change, alter, adjust
or discontinue existing equipment, machinery, methods, or processes; decide on
the sales method and sales price of all products and the purchase price of all
equipment or machinery purchases.
5.1.5
Direct and supervise
all employees, assign work, and transfer Employees in the same or different job
classification, establish and regulate work shifts and hours or work; develop
job descriptions’ determine the number of employees, including the number of
employees assigned to any particular department, operation or shift;
5.1.6
Determine, establish,
and make known reasonable work rules and safety rules for all of the employees.
5.2 The Company shall have the right to supplement its
regular work force with part-time, temporary, contract, and seasonal
employees. Temporary and/or seasonal employees
are defined as employees hired by the Company to supplement its regular work
force during absences and periods of peak work, including, but not limited to:
summer, holidays, inventory, injuries, illnesses, authorized leaves of absence,
maintenance outages, overhauls, and unusual assignments. Temporary and/or seasonal employees hired by
the Company shall not accrue any seniority rights; however, they shall be
subject to union security obligations under Article 3. The number of temporary,
part time and seasonal employees shall be determined by the Company.
5.3 Supervisors may perform incidental work that is
otherwise performed by the employees covered by this Agreement in cases of
emergency, instruction, training, startup as directed by OMT, testing of new
equipment, relief breaks, meal breaks, sick until relief can be called in. The Company will not normally assign
bargaining unit work to supervisors or other non-bargaining unit employees.
5.4 The
Company retains the right to determine the best course to follow with regard to
expanding or contracting the regular working force. The Company retains the right to contract out
in the following situations: fluctuating or seasonal work loads where the
employment of additional regular employees could reasonably be expected to
result in periodic shortages of work for such regular employees; when
contractors have specialized skills or equipment which make it more efficient
for the Commpany to utilize them, and for absences and periods of peak work
that cannot be filled by regular employee overtime. No reduction of regular employees shall occur
as a result of contracting out under the provisions of this section.
5.5 It is
further recognized that all rights heretofore exercised by or inherent in
management, and not expressly contracted away by the terms of this Agreement,
are expressly retained solely by management.
Any action by the Employer under this Article may not be made the
subject of collective bargaining or the grievance procedure unless as otherwise
expressly provided in this Agreement. It
is understood, however, that nothing in this section shall be construed to
limit or restrict the
ARTICLE 6
6.1 The
Local Union agrees that, with respect to the employees covered by this
agreement or any of them, it will not call upon or permit them to cease or
abstain from continuous performance of the duties pertaining to the positions held
by them under the Company in accordance with the terms of this agreement, and
the Company agrees, on its part, to do nothing to provoke interruption of, or
prevent such continuity of performance of said employees insofar as such
performance is required in the normal and usual operation of the Company’s
business.
ARTICLE 7
7.1 The
Company and the Local Union agree to meet and deal with each other through
their duly accredited officers and committees, representing the parties hereto,
on matters relating to hours, wages, seniority, and promotions within the
classifications scheduled in Exhibit A hereof, demotions, discrimination,
discharges, and lay-offs not made in accord with seniority.
7.2 Grievance
Defined. A grievance is defined as a dispute regarding an alleged violation
of a specific provision of this Agreement.
The existence of, or any alleged violation of, any oral understanding
shall not be the basis of any arbitration proceeding, unless such understanding
is in writing and signed by the Company and the Union.
7.3 All
grievances shall be determined as provided in this Article.
7.3.1
Any employee, or
steward, together with such committee as may be necessary, may present a
grievance regarding the interpretation, application of this agreement or
disciplinary action taken by the Company directly to the supervisor or through
the authorized representative of the Local Union to the manager of the
department involved. There is no
responsibility on the part of the Company to accept for adjustment or to adjust
a grievance, which is presented after fourteen (14) calendar days from the date
of the occurrence, which is the basis for the grievance.
7.3.2
If no settlement is
reached in this step, the grievance shall be presented in writing to the
Manager of the Department by the steward or the authorized representative of the
Local Union within fourteen (14) calendar days of the supervisor’s decision.
7.3.3
The manager of the
department shall render a decision within a reasonable period. If no settlement is reached in this step, the
grievance shall be presented in writing to the appropriate Regional Manager, or
designee, within fourteen (14) calendar days after the departmental decision
has been rendered.
7.3.4
Within fourteen (14)
calendar days from receipt of such grievance, the Manager Human Resources shall
investigate the grievance and, with such Company representatives as may be
deemed necessary, shall meet with the authorized representative of the Local
Union, who may be accompanied by a committee of the employees of the Company,
to endeavor to settle the grievance.
7.3.5
In case of failure to
agree to agree, the matter in dispute shall be submitted within the next
fourteen (14) calendar days to either a mediator or arbitrator. The mediation process shall be jointly agreed
to between the parties and the mediator shall be selected from either the
Federal Mediation and Conciliation Service or the State of
7.3.6
In the event no
settlement is reached by the procedure outlined in Steps one through four
above, the
7.4 Each party shall bear the
expense of preparing and presenting its own case. The expense of the arbitrator and incidental
expenses mutually agreed to in advance shall be borne equally by the parties
hereto.
7.5 Time Limits. The time limits of this grievance and
arbitration procedure shall be strictly adhered to. The Employer or the
7.6 Probationary
Employees. A probationary employee disciplined or terminated during the
probationary period shall not be entitled to invoke the grievance and arbitration
procedure to contest such discipline or termination. During this probationary period, such
employees may be disciplined or terminated at the discretion of the Company,
without liability or obligation to the employee or
7.7 Termination
of Arbitration Obligations. The Company shall have no obligation to
arbitrate any grievance or dispute filed on or after the termination of this
Agreement.
ARTICLE 8
8.1 Rotating
Shift Employees. The plant is
required to operate on a continuous basis.
Therefore, shift schedules are designed to provide 24-hour
coverage. Shift schedules are subject to
change, both on a temporary and/or regular basis, depending upon the scheduling
needs of the Facility. Shift changes
shall be for a minimum of one (1) week. Rotating shift employees are required
to respond to plant conditions during their meal period and therefore are
provided a compensated meal period. The paid meal period is taken as operating
conditions allow.
8.2 Non-Rotating
Shift Employees. All non-rotating shift employees’ schedules vary according
to the needs of the Facility and are subject to change on a temporary and/or
regular basis. Hours of Work. The
regular workweek will consist of 40 hours, eight hours per day, five days per
week.
8.3 Overtime.
Employees may be required to work overtime outside of regularly scheduled hours,
on weekends or holidays, and additional hours during the regular workday.
Overtime must be approved by a Supervisor before being worked.
8.3.1
Non-Rotating Shift
Employees will be paid for approved overtime hours worked as follows:
(a)
All hours worked over
forty (40) hours per workweek will be paid at one and one-half times the
employee’s hourly rate.
(b)
Any hours worked in
excess of eight (8) hours in one workday will be paid at one and one-half times
the employee’s hourly rate; and in excess of twelve (12) hours in one workday
will be paid at two times the employee’s hourly rate.
(c)
Any hours worked in
excess of eight (8) hours on the second scheduled day off in a work week will
be paid at two times the employee’s hourly rate.
(d)
Any non-rotating
employee who is scheduled off on an observed holiday, as defined in Article
13.1, and is called in to work will be paid at two times the employee’s hourly
rate.
(e)
Any non-rotating
employee who is on prearranged approved personal time off and is called to
report to work will be paid at two times the employee’s hourly rate.
(f)
Any non-rotating
employee who is contacted at home for technical assistance will be paid at one
and one-half the employee’s hourly rate.
The contact shall be logged in the Shift Supervisor Shift Log to verify
technical assistance payment.
8.3.2
The regular workweek
for calculating overtime begins at the start of the first shift on Monday
(dayshift) and ends at the completion of the last
scheduled shift the following
Sunday (nightshift).
8.3.3
Rotating Shift
Employees will be paid for approved overtime hours worked as follows:
(a)
All hours worked in
excess of forty (40) hours in one (1) workweek will be paid at one and one-half
times the employee’s hourly rate.
(b)
Employees shall be
paid at the double time rate of pay for all time worked in excess of twelve
(12) consecutive hours or in excess of eight (8) consecutive hours on scheduled
days off. Employees who, under the
provisions of this clause, would be entitled to pay at the double time rate will
not have such right nullified by an interruption of continuous work time of six
(6) hours or less. (Any break in continuous
work time of more than six (6) hours will be considered to be an interruption
of continuous work time.)
(c)
Any rotating employee
who is on prearranged approved personal time off and is called to report to
work will be paid at two times the employee’s hourly rate.
(d)
Any rotating employee
who is contacted at home for technical assistance will be paid at one and
one-half the employee’s hourly rate. The
contact shall be logged in the Shift Supervisor Shift Log to verify technical
assistance payment.
8.3.4
The regular workweek
for calculating overtime begins at the start of the first shift on Monday
(dayshift) and ends at the completion of the last scheduled shift the following
Sunday (nightshift).
8.4 Shift Trades. Employees may trade shifts within a pay
period. The shift trade must be by
mutual agreement of the employees involved, recorded in writing, and approved
by the Shift Supervisor and cannot cause the Company to pay overtime that the
Company would not otherwise be obligated to pay. Employees who enter into an agreement to
trade shifts are obligated to work the agreed shifts.
8.5 Overtime Distribution. Overtime will be offered based on accumulated
hours worked. The low person in overtime
who is qualified and available for the work, when practicable, will be the
first person offered available overtime.
It is recognized that some employees may have specialized training or
abilities, and plant conditions may require that such an employee work overtime
without consideration of balancing overtime.
However, the intent is to ensure that overtime offers be distributed as
equal as reasonably practical over the calendar year. An overtime assignment is mandatory for the
employee with low credited hours. An
arbitrator does not have the authority to award any employee compensation
because of a claim that overtime has not been distributed equally under this
section.
8.6 Standby Pay. In the course of their normal
duties and employment, Employees, rotating and non-rotating, may be required to
wear mobile phones during off hours. The
general intent of the use of mobile phones is to enable Employees to maintain
contact with appropriate parties including the Employer. Unless otherwise specifically stated by the
Employer, the wearing of mobile phones during off hours is not intended to
limit the Employee’s activities during off hours. In the event an Employer requires an Employee
to be physically available to their work premises while off site during off
hours, that intent shall be specifically communicated by the Employer to the
Employee, and in such cases, the Employee shall receive “standby” pay at the
rate of $125.00 (one hundred twenty-five dollars) for each day (24 hour period)
that the employee’s off hours are limited.
The Employee shall submit his or her claim for standby pay with his or
her time reports for the pay period involved.
8.7 Direct Deposit.
The employer shall make available a direct deposit option, whereby the
employee’s pay will be deposited in a bank account of the employee’s choice.
8.8 All work done by employees outside of regular hours or
scheduled shifts shall be paid for at the rate of time and one-half except as
otherwise provided for in this agreement.
Bargaining Unit employees who are called-out and report to
work, shall receive a minimum of two (2) hours pay at prevailing rates.
Any cancellation of prescheduled overtime with less than
six (6) hours notice will be entitled to pay for two (2) hours at overtime
rates.
8.9
Employees will not be required to take equivalent time off to compensate for time
worked. Shift changes or regular working
schedules shall not be changed for the sole purpose of avoiding overtime
payments.
9.1 All employees shall receive 24 hours’ notice before
changing their shift schedule. If not
notified of a change in shift schedule at least 24 hours ahead, the employee
shall be paid at the rate of time and one-half (1-1/2) for the hours worked by
the employee on his first shift after the shift schedule change.
9.2 There must be at least an eight-hour break between the
end of the employee’s last shift on his or her changed schedule and the
beginning of his or her first shift when the employee reverts back to his or
her original schedule. In the absence of
such eight-hour break, the employee must be paid time and one-half for the
first shift worked when the employee reverts back to his or her original
schedule.
9.3 This section does not apply to part-time employees who
agree to work additional shifts or who work intermittently as needed.
Seniority
10.1 Seniority.
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 Union will not accept, nor process a grievance involving the
termination of an employee as an unsatisfactory probationer during the first
six months of employment.
10.2 Leave of Absence. Any employee selected for office in the Local
Union, which requires part or all of the employee’s time, shall not lose
seniority with the Company. It is
understood that not more than one employee at one time will be granted leave of
absence to accept such positions with the Union. Such leave shall be generally granted for one
year at a time.
10.3 Seniority.
A bargaining unit employee who accepts a position out of the bargaining
unit shall not accumulate seniority while occupying such position; such employee,
if qualified, may be returned to a bargaining unit classification, at the
option of the company, if a vacancy exists.
An employee returning to a bargaining unit classification will retain
only the seniority previously accumulated while a member of the bargaining
unit.
10.4 Layoff and Recall. Should layoff become
necessary, the Company and Union will meet.
Qualification, seniority, and plant needs are the principles to be used
for determining layoff and recall rights of full-time employees subject to this
Agreement.
10.5
Employees discharges
under the above conditions shall keep Human Resources advised of their
address. The Company shall notify former
employees of offers of reemployment in writing by certified or registered mail
to the last address on record. Offers
will be withdrawn if not answered within five working days and/or if the person
does not report for work within ten working days of notification. Persons who reject an offer, or who fail to
answer within five days, or who fail to report within ten days of notification
will no longer be eligible for rehire with reinstatement of seniority. Persons
who are unable to accept an offer because of a bona fide illness or injury may
be retained on the list for reconsideration; however, no such injury or illness
will be considered bona fide unless so diagnosed.
10.6
Bargaining unit employees will be given
first opportunity to bid for a union classified position that he/she is
qualified for prior to hiring outside when these positions become
available. Positions will be posted
internally for a period of five (5) days prior to posting externally. The rate of pay for the bidder will be
consistent with the rate of pay listed in Exhibit A of this agreement for the
position. When applicants’ experience
and qualifications are sufficient, Union Seniority will act as the deciding
factor.
Paid Time Off
11.1 A PTO plan is established which combines sick leave
and vacation into one account of paid time off.
PTO may be used for vacations, illness, family, emergencies, religious
observances, preventive health or dental care, personal business or other excused
elective absences except funeral leave and jury duty which are covered under
separate articles. PTO must be scheduled
with the employee’s immediate supervisor in advance, except in the case of
illness or family emergency. PTO can be
taken in increments of one (1) hour.
11.2 Employee accrues a single bank of hours, based on
years of service.
|
YEARS OF
SERVICE |
ANNUAL ACCRUAL |
ACCRUAL PER PAY
PERIOD |
|
0 - 4 years |
136 hours (17 days) |
5.23 hours |
|
5 – 10 years |
176 hours (22 days) |
6.77 hours |
|
Each year thereafter up to 20 years |
One (1) day per year of service to a maximum of 256 hours
(32 days) |
|
11.3 Part-time employees accrue Paid Time Off (PTO) hours
based on actual hours worked. An
employee’s Paid Time bank may not exceed two (2) time his or her annual PTO
accrual. Once the maximum accrual is
reached, all further accruals to the employee’s Paid Time Off bank will cease.
11.4 PTO is intended to be used within the payroll year it
is accrued. However, employees can
rollover a maximum of two (2) year’s accrual of unused PTO from one year to the
next.
11.5 The time of taking PTO shall be arranged by the
Company after consulting with the employee as to his or here preferences. The number of employees who will be permitted
to take PTO simultaneously will be determined by the Company.
11.6 PTO requests and
scheduling shall be based on Company seniority. All yearly PTO requests shall
be submitted to the Company by February 15th. The Company will post a master approved PTO
list for the year by March 15th.
PTO granted after the master PTO list has been posted will be on a first
come, first serve basis, as Company operating needs allow. If due to the operating needs of the company,
cancellation of PTO is necessitated 30 days notice must be given by the
Company.
11.7 Bargaining unit
employees will be allowed to buy/sell PTO in the same amounts as other
non-bargaining unit employees at the Encina power Station. Employees can buy/sell PTO during NRG’s
Benefits Open Enrollment for the coming year.
All hours bought/sold will be deducted/paid at the current hourly rate
of pay during NRG’s Benefit Open Enrollment and will be spread evenly over each
paycheck in the coming year.
Health and Welfare Benefits
12.1 Bargaining unit
employees will be eligible to participate in NRG’s corporate health and welfare
plans, including health, dental, vision, life, short and long-term disability
and flexible spending accounts, in
accordance with the terms of the plans and at the same cost sharing rate
as other non-bargaining employees.
Premiums will be collected via bi-weekly payroll deductions from active
bargaining unit employees’ paychecks.
For the term of this contract, bargaining unit employees’ premiums will
not exceed 20% of the total premium with the Company contributing the remaining
80%.
ARTICLE 13
13.1
Regular Holidays. The Company recognizes
eight paid holidays each year. Full-time
employees receive eight (8) hours holiday pay.
All regular full-time employees will be paid eight (8) hours of straight
time pay for each of the holidays listed below when the employee is not
required to work that day:
________________________________________________________________________
Holidays are as follows:
________________________________________________________________________
New
Year’s Day Thanksgiving
Day
Memorial
Day Day
After Thanksgiving
Independence
Day Christmas
Day
Labor Day Christmas
Eve Day
________________________________________________________________________
13.2
Part-time employees are eligible for holiday pay prorated based on hours
worked.
13.3 For
Non-Rotating Shift employees, when one of the above designated holidays falls
on Sunday it will be observed on the following Monday. When one of the designated holidays falls on
Saturday, it will be observed on the preceding Friday.
13.4
Holiday pay for employees assigned to rotating shifts shall be treated as
“Floating Holidays” and may be taken at any time throughout the year. The 88 hours of floating holiday time are
paid at straight time rate and will be prorated based on starting date.
13.5
Employees shall receive three (3) paid MAT (Mutually Agreed To) days eight (8)
hours per day each year. These MAT days
are awarded on January 1st and must be scheduled and taken prior to
the end of the year. Employees shall
observe these days by scheduling (with their immediate supervisor’s approval)
at least eight (8) days in advance.
Management may, at its discretion, waive the advance notice when
situations arise where the employee is unable to provide advance notice. Management may limit the number of employees
taking a MAT day on a given date.
14.1 Bargaining
unit employees shall be eligible to participate in the NRG Affiliates Employee
Savings Plan (401 (k) Plan) pursuant to the terms of the plan and to the same
extent as non-represented employees covered by this plan. Bargaining unit employees hired prior to
February 29, 2008 will continue to be eligible to participate in the NRG
Pension Plan for Bargained Employees.
Bargaining unit employees hired on or after March 1, 2008, will not be
eligible to participate in the NRG Pension Plan for Bargained Employees. Bargaining unit employees hired on or after
March 1, 2008, are eligible to participate in the discretionary contribution to
the 401(k) to the same extent as non-represented employees covered by this
plan. Bargaining unit employees hired
prior to February 29, 2008 will not be eligible to participate in the
discretionary contribution.
ARTICLE 15
15.1 When a death occurs in the immediate family of an employee, he or she shall be entitled to a leave of absence of three days with pay. An additional two days may be approved by the supervisor. Those additional days will be unpaid unless covered by PTO.