AGREEMENT
BETWEEN
WESTERN LINE CONSTRUCTORS CHAPTER, INC.
N.E.C.A.
and
LOCAL UNION 465
Of the
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS
AFL-CIO
February 1, 2005 through January 31, 2008
Amendment to the Agreement
FIRST CLAUSE
Agreement by and between the Western Line
Constructors Chapter, Inc., N.E.C.A., Inc. and Local Union No. 465, IBEW. It shall apply to all firms
who sign a letter of assent to be bound by the terms of this Agreement. As used hereinafter in this Agreement, the term
"Chapter" shall mean the Western Line Constructors, Inc., N.E.C.A.,
Inc. and the term "
BASIC PRINCIPLES
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 there from; and
The Employer and the
SCOPE
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 all employees of the Employer performing line clearance tree trimming on the property of San Diego Gas & Electric Company or its assignors and/or successors (SDG&E), excluding office clerical employees, professional employees, guards, and supervisors, as defined in the LMRA, as AMENDED.
In the event the Company expands its operation in tree trimming and vegetation control on the property of SDG&E, the Company agrees to recognize the Union as the exclusive representative of employees at such expanded operation to the extend that such recognition is permissible under applicable law.
The Company is engaged in rendering service to a
public utility, which renders services to the public, and the
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. Accordingly,
the Union, its officers, agents, representatives, stewards and members, and all
employees covered by this agreement, shall not, in any way, directly or
indirectly, instigate, lead, engage in, authorize, cause, assist, encourage,
participate in, ratify, or condone any strike, sympathy strike, slow down, work
stoppage, or any other interference with or interruption of work: (a) involves
a mater subject to resolution pursuant to the grievance and arbitration
procedures of this Agreement; or (b) involves a matter specifically referred to
or covered in this Agreement; or (c) involves a matter which has been discussed
between the Company and the Union ; or (d) involves a matter which was within
the knowledge or the contemplation of the Company and the Union at the time
this Agreement was negotiated or executed. Any failure or refusal to comply with
the provisions of Section 1.3 of this Agreement shall be grounds for immediate
terminating an employee. In consideration of the
Employees who are members of the
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.
ARTICLE
I
CIR
1.1 This Agreement shall take effect February 1, 2005, and shall remain in effect until January 31, 2008, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter from February 1, to January 31 of each year, unless changed or terminated in the way later provided herein.
1.2 (a) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.
(b) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.
(c) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.
(d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council’s decisions shall be final and binding.
(e) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.
(f) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.
1.3 This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.
1.4 There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.
1.5 There shall be a Labor-Management Committee
of three representing the
1.6 All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.
1.7 All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting. In the absence of a deadlock, the Labor-Management Committee’s decision shall be final and binding. (Italicized is optional and must be negotiated locally.)
1.8 Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding.
1.9 When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.
ARTICLE
II
UNION
SECURITY AND ACTIVITY
2.1
All employees covered by the terms of this Agreement
shall be required, as a condition of employment to become a member of the Union
and maintain his/her membership in the
(a) Any employee permanently appointed to any classification out of any bargaining Unit covered by a collective bargaining agreement with Union may withdraw from membership in Union and his/her obligation to pay dues shall be suspended for the duration of such period as the individual is working for the Company in a permanent job classification not covered by any collective bargaining agreement with Union.
2.2
Any employee who is or who becomes a member of
2.3 (a) 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.
(b) All
dues and initiation fees deducted from the wages of employees shall be remitted
to the
Upon written request from the
2.4 If any dispute arises under the provision of this Title, it shall be adjudicated under the grievance procedure provided for in this Agreement.
2.5
The Business Manager of the
2.6
Company shall provide all new employees with
appropriate membership application forms on the first day of employment. All
materials necessary to accomplish the above including postage will be furnished
to the Company by the
2.7
The
2.8
There shall be a Steward appointed by the
2.9
The
2.10 The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Line Clearance Industry on work covered by this Agreement any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession.
2.11 (a) If the union grants to 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 less favorable to the employees covered under such an agreement than are the total wages and fringe benefits which are applicable to the employees covered by this Agreement, the Union shall upon written notice bargain in good faith regarding items 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.
(b) 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 under this Agreement, Western Line Constructors Chapter, Inc. or its successors shall upon written demand by the Union bargain in good faith regarding increasing the total wages and fringe benefits provided for in this 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 the Article.
ARTICLE
III
HOURS
AND OVERTIME
3.1
The established pay week for the Company is from
Sunday, normal starting time to Sunday, normal starting time. The basic
workweek shall consist of five (5) workdays of eight (8) hours each and shall
begin Monday and run through Friday. An extended workweek shall begin at
starting time Monday and continue until the next Monday starting time. The
regular hours of work for all employees shall be from
If special circumstances warrant
earlier starting time of more than one (1) hour, approval must be made by
Employer, Union Business Representative and employees. The
If the majority of employees in a headquarters (in excess of 50%) elect, 4-10’s shall be allowed provided the Employer and/or the customer agrees. If the customer requires 4-10’s, it shall be allowed without further approval process. Overtime shall be paid in accordance with applicable sections of this agreement. Four-tens shall be limited to Monday through Thursday or Tuesday through Friday. If the crew desires to make up missed days due to inclement weather or holidays, and the Employer agrees, they will be allowed to do so within the five-(5) days of Monday through Friday. All make up days are to be scheduled for at least (8) hours.
3.2 (a) The employer shall establish designated pre-determined assembly points at a shop, filling station, warehouse, mobile unit or similar facilities. In case of a declared emergency other similar facilities may be used at the discretion of the Employer.
(b) Employees shall report to work at pre-determined 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 time worked in excess of forty
(40) hours in a workweek, time worked in excess of eight (8) hours on a
scheduled workday, unless a 4-10 prearranged schedule prevails, time worked on
a non-work day except
as provided for in Section 4.2, emergency work outside of regular hours of work
on a workday, time worked on a holiday. Overtime shall be computed to the
nearest quarter hour.
3.4 (a) Employees who are required to report for emergency work on non-workdays, 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 overtime compensation for the actual work time and for the travel time in connection therewith, but such travel time shall not exceed one-half (1/2) hour.
(b) Prearranged Overtime: When at the request of the supervisor in charge, and Employee reports for pre-arranged work (1) on workdays outside of his/her regular work hours he/she shall be paid overtime compensation for actual work time; (2) on non-workdays or on holidays, he/she shall be paid overtime compensation for actual work time. For the purpose of this section, prearranged work is deemed to be work for which advance notice has been given prior to the end of the employee’s normal work hours on the preceding day. The meal allowances do not apply when overtime is prearranged for ten (10) hours or less.
(c) The regular hours of work may be changed by the Employer at the request or direction of the public utility, or by mutual agreement between the Employer and the union. Such a change in the regular hours of work shall not be deemed to require the payment of overtime, nor reduce the hours in a normal workweek.
3.5 Employees who report for work as provided in Section 3.04 (a) shall be paid a minimum of two (2) hours pay, including travel time, at the overtime rate. Employees who report for work provided under 3.04 (b) shall be paid a minimum of two (2) hours pay, at overtime rates even if work is canceled for any reason. However, Company will not be required to pay overtime rate if the two (2) hour minimum goes into employees regular work hours on regular workdays.
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 Company shall not require employees who have been required to work overtime or double-time to take equivalent time off during a workday.
3.8 Overtime and double-time shall be distributed among employees as equally as is practicable.
ARTICLE
IV
INCLEMENT
WEATHER
4.1 Employees who report for work on a workday or for prearranged work on a workday or 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 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 other wise by the General Foreman or other high Company Supervisor.
(b) The foregoing reporting time pay provisions are not applicable when:
(1) Operations cannot commence or continue due to threats to employees or property; or when recommended by civil authorities; or
(2) The interruption of work is caused by an Act of God or other cause not within the Employer’s control.
(c) 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-workday within the same workweek the number
of hours necessary to total forty (40) straight-time hours for the week, not to
exceed (10) hours if working an agreed to four (4) day ten (10) hour shift.
(d) 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 workday
shall not be required to work on the next non-workday, 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
5.1 If Company requires an employee to perform work for more than two (2) hours beyond regular work hours on a workday or non-workday and each succeeding five (5) hours thereafter, the employee shall be granted a meal allowance of ten dollars ($10.00).
(a) Prearranged Work. When an employee is requested to perform prearranged work on non-workdays during regular hours, he shall observe the lunch arrangement, which prevails on his/her workday. If such work continues beyond twelve (12) hours, the Company shall provide him/her with the meal allowance in accordance with Section 5.1 hereof.
5.2 Employees who are assigned to a temporary headquarters shall be allowed thirty three dollars and 75 cents ($33.75) subsistence for each overnight stay he or she works at the temporary headquarters. Employer will agree to provide suitable lodging for employees when assigned by employer for overnight stay. Suitable lodging is defined as permanently constructed Motel Style with no more than two employees per room. In the event the customer or the Employer are the furnishers of meals and suitable lodging, no further subsistence will be allowed.
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 over sixty miles from their assigned work center, 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.
ARTICLE
VI
SENIORITY
6.1 Seniority is defined as the length of continuous service with Company covered by this collective bargaining agreement. Continuity of service shall be deemed to be broken when (1) an employee is discharged for cause; (2) no call or no show in three consecutive days; (3) an employee voluntarily terminates employment or voluntarily takes a layoff; (4) an employee has been laid off for more than six (6) consecutive months; or (5) an employee has violated the provision of Article VII, Section 7.6.
(a)
New employees within the bargaining unit will be
probationary employees until they have been employed and actually worked within
the bargaining unit for six (6) months. During probationary period, Company may
demote, lay off, discipline or terminate such employees as deemed necessary,
within the sole discretion of the Company. The
6.2
Company shall furnish the Union with a seniority list
including wage rates, addresses, telephone numbers and dates of hire and
division location of all employees covered by this Agreement and shall keep the
Union advised of all deletions upon a request of the
6.3 Seniority shall be used as the basis for determining such benefits as transfer rights, protection against demotion and layoff, promotions, and Medical Insurance, (Paid Time Off). Seniority shall mean the time spent in the employment of the Company covered by this collective bargaining agreement.
6.4 The continuity of an employee’s service shall not be broken by absence for any of the following:
(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 re-employment.
(b) Absence on Union business not requiring a leave of absence.
(c) Absence by reason of authorized said leave of absence without pay. Written request must be sent to the Employer’s administrative office.
6.5 The
seniority referred to in Article VI is that seniority accumulated while working
for PROVCO doing contract work for San Diego Gas & Electric.
ARTICLE
VII
LEAVE
OF ABSENCE
7.1 Leave of absence, not to exceed six (6) months may be granted, within the discretion of the Company, 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 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 workday on which an employee is absent and terminated with and include the workday proceeding the day he or she returns to work. The employees shall be restored to employment on the termination of his or her leave of absence. Id during an employee’s absence on leave a reduction in forces was necessary, the restoration of the employee to active employment would depend upon application of Article X.
7.3 Except as otherwise provided herein, an employee’s seniority shall not accrue while he or she 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
Company shall, at the request of the Union 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
7.5
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/her leave of absence, or if he/she accepts other employment while on leave, or if he/she makes an application for unemployment benefits while on leave, he/she shall thereby forfeit the leave of absence and terminate his/her employment with the Company.
7.7 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 his/her to make arrangements for and to attend the funeral. "Immediate family", as used in this paragraph, means the employee’s father, mother, father-in-law, mother-in-law, son, daughter, brother, sister, husband, wife, grandmother and grandfather. The above relations, where applicable, shall include "step" relations. Upon prior notice the Company may require verification.
ARTICLE VIII
WAGES
8.1 (a.) The wages to be paid employees of the Company covered by this Agreement shall be as follows.
TREE TRIMMERS
|
CLASSIFICATION |
|
|
|
|
Laborer – First Year |
$10.58 |
$11.00 |
$11.44 |
|
Laborer – Second year |
$11.45 |
$11.91 |
$12.39 |
|
Apprentice Climber 1-6 months |
$11.53 |
$11.99 |
$12.47 |
|
Apprentice Climber 7-18 months |
$13.07 |
$13.59 |
$14.13 |
|
Climber – First Year* |
$14.80 |
$15.39 |
$16.01 |
|
Climber-Second Year |
$16.86 |
$17.53 |
$18.23 |
|
Climber-Thereafter |
$18.95 |
$19.71 |
$20.50 |
|
Working Foreman**-First Year |
$19.77 |
$20.56 |
$21.38 |
|
Working Foreman**-Second Year |
$20.37 |
$21.18 |
$22.03 |
|
Working Foreman**-Thereafter |
$21.04 |
$21.88 |
$22.76 |
* After apprenticeship period ends. Begins at nineteen months.
** An employee who is in charge of a crew of not more than five (5) men, including
himself engaged in line clearance work. The Company may not consider the
application for promotion to this classification from any employee having less
than one year’s experience in the Climber classification.
MAINTENANCE/POLE BRUSHING
|
CLASSIFICATION |
|
|
|
|
VC Tech I*-First Year |
$10.57 |
$10.99 |
$11.43 |
|
VC Tech II**-Second Year |
$11.38 |
$11.84 |
$12.31 |
|
Vegetation Control Person*** |
$14.04 |
$14.60 |
$15.18 |
|
Vegetation Control Specialist**** |
$16.64 |
$17.31 |
$18.00 |
* VC Tech 1 designation criteria: Non-experienced pole brusher or pole permissioner.
** VC Tech II designation criteria: Must have a minimum of six months pole brushing experience or pole permissioner experience.
*** Vegetation Control Person designation criteria: Must have a minimum of one
year pole brushing experience or pole permissioner experience.
**** Vegetation Control Specialist designation criteria: Must have a minimum one year pole brushing and permissioning experience, must hold a qualified applicators certificate.
The employer is not responsible for expense’s inquired by employees for the following:
Qualified Applicators Certificate
Qualified Applicators License
8.2 All employees shall be placed on an hourly rate of pay and shall be paid on Friday for the period ending and the previous Saturday; provided that the required payrolls reach the office not later than Monday following the close of the payroll period.
If payroll time cards and reports
are received by Monday a good faith effort will be made to put paychecks in the
8.3 When an employee is temporarily assigned to work in a classification higher than his/her regular classification for four (4) hours or more during the day, he/she shall be paid no less than the minimum rate established for such classification for all time worked in the assigned classification.
8.4 When Climbers are hired, due consideration shall be given 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.
8.5
Company and
8.6
Employer expects that in each step of the
apprenticeship an employee perform the certain job requirements for
advancement. Employer will evaluate, record and document the employee’s job
performance. The employee must also successfully complete any written
examination associated with each apprentice step. The employee shall be
advanced in the apprenticeship once the employee has successfully completed all
associated requirements (time-in-position, performance, driving and test). Any
hold on an apprentice’s progression will be subject to review and possible
modification by the Joint Apprenticeship Committee. (JAC will consist of equal
numbers of Company and
ARTICLE
IX
PROMOTION
AND TRANSFER
9.1 The Company shall have the right to designate all working foreman. 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. A Working Foreman must be able to speak and write in English.
(a)The Company shall give consideration to applications for promotion and transfer to vacancies on the basis of seniority, ability and qualification, but may promote the person it believes in its sole discretion to be the most qualified for the position.
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.
9.3 Whenever a temporary vacancy occurs in any job classification, the Company may fill it by appointment. Where the Company deems it to be practical, every effort to fill such vacancies with the most qualified employee in the next lower classification within the work center. Temporary vacancies shall be those vacancies caused by the absence of any employee due to industrial injury, leaves of absence, paid time off, and additional jobs which the Company contemplates will be of ninety (90) days duration or less. It is intended that in any case whenever the application of Section 9.3 creates a change in headquarters which would require an employee to change his residence, the Company shall pay up to five hundred ($500.00) for the moving expenses involved.
9.4 The seniority referred to in Article IX is that seniority accumulated while working for PROVCO doing contract work for San Diego Gas & Electric.
ARTICLE
X
DEMOTION
AND LAYOFF
10.1 In the event of reduction of forces or a permanent curtailment of operation shall occur, employees shall be 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 in his or her classification who has equal or greater Company seniority than his/her own.