HomeMy WebLinkAboutRes1993-002
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Sponsored by: Schaefermeyer
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, APPROVING A COLLECTIVE BARGAINING
AGREEMENT FOR IBEW LINEMEN FOR THE PERIOD
JANUARY 1, 1993, THROUGH JUNE 30, 1997
WHEREAS, the International Brotherhood of Electrical Workers (IBEW) represents
the outside linemen employed by the city of Seward; and
WHEREAS, the City and IBEW have negotiated a collective bargaining agreement
for the represented employees for the period January 1, 1993, through June 30, 1997; and
WHEREAS, Seward City Code ~ 3.65.015 provides that all collectively bargained
agreements are subject to approval by the City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Mayor and City Manager are hereby authorized to execute the
agreement covering terms and conditions of employment between the city of Seward and
Local 1547 of the International Brotherhood of Electrical Workers, AFL-CIO, for the
period January 1, 1993, through June 30, 1997, attached and incorporated herein as
Exhibit A to this resolution.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
11th day of January, 1993.
THE CITY OF SEWARD, ALASKA
;&}JM. u 9 (I AlLy\ lL
Dave W. Crane, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Bencardino, Crane, Darling, Krasnansky, Sieminski, Swartz & White
None
None
None
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AGREEMENT COVERING
TERMS AND CONDITIONS OF EMPLOYMENT
Between
THE CITY OF SEWARD
Seward, Alaska
and
LOCAL NO. 1547
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
AFL-CIO
Anchorage, Alaska
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TABLE OF CONTENTS
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
. Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Scope and Duration ................................................
City - Union Relations ............................................
Appointment and Tenure ......................................
Leave and Holidays ................................................
Hours of Work and Compensation .....................
Apprentice Linemen ...............................................
Safety ............................................................. .............
DiSCipline ....... ............................................ ..... ...... .....
Grievance Procedures .............................................
Working Rules ..........................................................
Miscellaneous . ..........................................................
Wages and Benefits .................................................
Job Classifications .......................... ................ ..........
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AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT
Between
The City of Seward
Seward, Alaska
and
Local 1547
International Brotherhood
of Electrical Workers,
AFt-CIO
Anchorage, Alaska
THIS AGREEMENT, entered into in duplicate and effective as of the first day of
January, 1993, by and between the city of Seward, an Alaskan municipally owned public
utility having its principal offices at Seward, Alaska, hereinafter referred to as the "City",
and Local 1547 of the International Brotherhood of Electrical Workers, AFL-CIO, of
Anchorage, Alaska, hereinafter referred to as the "Union",
WITNESSETH THAT:
WHEREAS, the City and the Union recognize that the City is engaged in
furnishing an essential public service which vitally affects the health, safety, comfort and
general well-being of those persons resident in the service area of the Cityj and
WHEREAS, the City and the Union have a common and sympathetic interest in
the generation, transmission and distribution of electric energy and such common interest
and the public welfare will be better served by the establishment and maintenance of
labor management cooperation between the City and the Unionj and
WHEREAS, it is the intent an purpose of the parties hereto to promote and
improve industrial and economic relations between the City, its employees and the
Unionj to establish a basic understanding relative to . rates of pay, hours of work and
other conditions of employmentj to provide procedures for the amicable adjusbnent of
all disputes and grievancesj and to promote and foster hannonious employer-employee
relations to the mutual benefit of the City, its employees, the Union and the general
publiCi
NOW, THEREFORE, in consideration of the mutual covenants herein set forth,
the parties agree as follows:
City of Seward/IBEW Contract
Page 1
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ARTICLE I
SCOPE AND DURATION OF AGREEMENT
Recognizing the mutual benefits to be secured by harmonious employer-employee
relations, the City and the Union establish and endorse this Agreement. The Union
recognizes that the City is a municipally owned public utility and the City recognizes that
Local 1547 is part of the International Brotherhood of Electrical Workers by mutual
consent.
Section 1.1. This Agreement will remain in full force and effect from January 1,
1993, until June 30,1997/ and thereafter year to year; provided, however, that either party
may give the other party written notice of its desire to terminate the Agreement or to
effect changes therein. Such written notice will specify the reasons for the termination
or a description of the changes desired, as the case may be, and will be served upon the
other party not less than sixty (60) days prior to the end of the initial period of this
Agreement or any annual extension thereof. The parties will meet to negotiate on such
termination, modifications or amendments within thirty (30) days from the receipt of such
notice, except that such meeting may be delayed by mutual consent. The parties agree
that, while negotiating a new agreement, all provisions of this Agreement will remain in
full force and effect until a new agreement is ratified or impasse is reached. Nothing
herein will preclude the termination, modification or amendment of this Agreement at
any time by written mutual consent of the parties.
Section 1.2. There will be no stoppage of work either by strike or by lock-out
because of any proposed changes in this Agreement or disputes over matters relating to
this Agreement. All such matters will be settled as provided herein.
Section 1.3. The right to enforce discipline; to employ, transfer, promote or
demote employees; to discharge employees for cause; to discontinue the services of
temporary and probationary employees; and otherwise to manage its business and direct
its working forces within the Bargaining Unit is reserved by, and is vested exclusively in,
the City; provided that the right herein reserved will not be used for the purpose of
discrimination against any member of the Union; and provided further that the
employment, transfer, promotion, demotion, discipline or discharge of employees covered
hereunder will be subject to Article IX herein.
Section 1.4. This Agreement shall be binding upon the successors and assigns of
the parties hereto, and no provisions, terms or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever by the consolidation,
merger, sale, transfer or assignment of either party hereto, or affected, modified, altered
or changed in any respect whatsoever by change of any kind of ownership or
management of either party hereto, or by any change, geographical or otherwise, in the
location of place of business of either party hereto.
City of Seward/IBEW Contract
Page 2
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ARTICLE II
CITY - UNION RELATIONS
Section 2.1. The City recognizes the Union as the sole bargaining agent with
respect to hours, wages and other conditions of employment for all employees within the
bargaining unit. The bargaining unit shall consist of all classifications of employees
engaged in the operation and maintenance and other work normally performed by
employees of the City-owned electrical utility and included in the classifications of Article
XIII, but shall exclude administrative, supervisory and other employees.
Section 2.2. The City shall notify the Union when new employees are needed,
and the Union shall make every effort to supply satisfactory applicants. Should the
Union fail to do this within four (4) days, excluding holidays and weekends, the City
may hire any qualified person it so desires. The City agrees that new employees will
affiliate themselves with the Union within thirty (30) days after employment.
Section 2.3. The Union agrees that each of its members who may be hired and
employed by the City will work for the City and the City agrees to hire and employ
members of the Union in accordance with this contract.
Section 2.4. The Union reserves the right to subject any non-union person hired
by the City to an examination before admitting such person to membership in the Union.
Such examination shall be the same as that given any Union member of like status and
classification.
Section 2.5. Any employee elected or properly appointed to an office in the Union
which requires all of his time shall be granted leave of absence to perform such duties
upon application, due consideration being given to the City's scheduling of work and the
necessity for continuous operation of the utility.
ARTICLE III
APPOINTMENT AND TENURE
Section 3.1. (a) Temporary Employees. Journeyman Linemen and Wiremen and
other classifications as set forth in the IBEW-NECA Agreement may be employed as
temporary for a period not to exceed six (6) months of continuous employment. Such
employees shall be subject to this Agreement as to hours of work and applicable working
rules only. In addition, Temporary Employees shall receive the wage rates as set forth
in the IBEW-NECA Inside Outside Agreements as amended. The City shall pay on behalf
of the Temporary Employees benefits as specified in said IBEW-NECA Agreement.
City of Seward/IBEW Contract
Page 3
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Temporary Employees shall not accrue seniority, service credits, holiday pay, annual
leave, jury duty or longevity.
(b) Probationary Employees.
(1) Generally. A Probationary Employee is one who has been hired by the
City for regular employment but who has had less than ninety (90) days continuous
service with the City. All employees hired to fill a regular job will be regarded as
Probationary Employees for the first ninety (90) days, except that if a Temporary
Employee is hired for regular employment, such time served as a Temporary Employee
shall be credited towards the employee's probationary period. During this period of
probationary employment, employees may be laid off or discharged by the City, subject,
however, to the provisions of the grievance procedure herein. All employees hired to fill
a regular job shall accrue service credits and seniority during such probationary period.
This time may be extended by mutual agreement between the City and the Union.
(2) Promoted Employee Probationary. When it becomes clear that an
employee serving a promotional probationary period not to exceed ninety (90) days is not
perfonning adequately, he shall be so infonned in writing by the City. If reassignment
is found to be necessary, the employee shall be reassigned to a position in his previous
job classification and his date of hire shall remain unaffected.
(c) Regular Employee. A Regular Employee is one who has been engaged for
regular employment and who has served the City continuously for ninety (90) days or
longer.
(d) Casual Employees. The parties recognize that upon occasion, due to
circumstances beyond the control of the City, the City must utilize a casual employee.
A "casual employee" is one who has been employed by the City in such classification as
groundman or others under the following conditions:
(1) Casual employees shall not displace a regular employee or perfonn
work usually assigned to a regular employee.
(2) Casual employees shall be considered regular employees upon the
completion of one hundred fifty (150) hours in any calendar year.
(3) Casual employees shall be paid at least seventy five percent (75%)
of the base wage rate for journeyman lineman as set forth in Articles Xli and XIII.
(4) The City may employ casual employees without utilization of the
hiring provisions of ~ 2.2 of this Agreement. However, the Union shall be notified as
soon as possible of the need for additional temporary help and the Union will attempt
to supply such help as quickly as possible to replace the casual employee.
City of Seward/IBEW Contract
Page 4
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(5)
with the Union.
Persons employed as casual employees need not affiliate themselves
(6) Casual employees shall not be entitled to fringe benefits such as
pension, health and welfare, and other benefits and shall not accroe seniority, service
credits, holiday pay, annual leave, jury duty, workers' compensation supplement, or
longevity pay.
(7) The City shall provide verification to the Shop Steward that casual
employees have been properly compensated.
Section 3.2. The City will recognize the Shop Steward, selected in accordance
with Union roles and regulations, as representative of the employees. The Union will
notify the City as to the identity of the Shop Steward.
Section 3.3. (a) A bulletin board shall be provided in a location mutually
agreeable to the parties for the posting of Union notices and communications and copies
of the City's working roles.
(b) The City may prescribe working roles in addition to the working roles set
out in this Agreement pertaining to safety, discipline and conduct not inconsistent with
the terms of this Agreement.
(c) Any changes or additions pertaining to safety working rules in relation to
classifications in Article XTII will be mutually agreed upon by both parties. In the event
of a dispute, the parties shall expeditiously proceed to arbitration for appropriate relief.
Section 3.4. Subject to prior notice, the authorized Union representative shall be
granted access to the City's property pertaining to the electrical utility.
Section 3.5. The City shall not loan or cause to be loaned to any other employer
the members of the Union in its employ without securing permission of the Union, or
if an emergency exists, as soon thereafter as possible.
Section 3.6. The Union reserves the right to discipline its members for any
violation of Union laws, rules or agreements. If disciplinary action for any cause involves
removing Union members from jobs, forty-eight (48) hours' notice shall be given the City
before such action is taken. As a condition precedent to the removal of such Union
member from employment of the City, the Union shall supply satisfactory replacement
employees to the City for the period of time such Union member is removed from the
job.
City of Seward/IBEW Contract
Page 5
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Section 3.7. All notices required by either party shall be in writing either to the
Business Manager of the Union, delivered to his office, or to the City Manager, delivered
to his office, and shall be deemed given when delivered, or if mailed by certified mail,
return receipt requested, the date of delivery. Delivery shall include transmission by fax
provided that receipt of said fax transmission is confirmed by the receiving party.
Section 3.8. (a) The Union recognizes that the City has statutory and charter
rights and obligations in contracting for matters relating to City operations. The right of
contracting or subcontracting is vested in the City. The right of contracting or
subcontracting day labor shall not be used for the purpose or intention of undermining
the Union nor to discriminate against any of its members. The City further agrees that
it will not layoff, assign or transfer any employees because of the exercise of its
contracting and subcontracting rights.
(b) All trenching from the pole or pedestal to the meter base of the user of
electricity will be done by journeyman linemen who may be assisted by apprentices. This
shall not preclude an individual home-owner or owner of a duplex or four-plex from
digging a trench on his own property. Parties agree that commercial builders in the
construction industry building for speculation shall have trenches for housing projects
dug by journeymen linemen.
Section 3.9. In case of injury or serious illness, the employee's position shall be
held for him until it has been definitely established by competent medical authority
mutually acceptable to the employee and the City that he will be unable to return to his
job.
ARTICLE IV
LEAVE AND HOLIDAYS
Section 4.1. (a) Recognized City Holidays. The following shall be recognized
as holidays with pay for all regular employees who are in a pay status the day before and
the day after the recognized holiday, except as noted in Subsection (d) below:
New Year's Day, President's Day, Seward's Day, Memorial Day, Indepen-
dence Day, Labor Day, Alaska Day, Veteran's Day, Thanksgiving Day and
the day immediately following Thanksgiving Day, one-half working day
immediately preceding Christmas Day and Christmas Day.
(b) Holidays Falling on a Saturday or Sunday. When a recognized holiday falls
on a Saturday, the preceding Friday shall be recognized in lieu thereof and treated as a
holiday with respect to overtime compensation. When a recognized holiday falls on a
City of Seward/IBEW Contract
Page 6
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Sunday, the Monday following shall be recognized in lieu thereof and treated as a
holiday with respect to overtime compensation.
(c) Holiday during Annual Leave. A recognized City holiday which occurs
during an employee's annual leave shall not be counted as a day of annual leave.
(d) Holiday Falling between Two Days of Leave without Pay. A holiday
occurring between two days of disciplinary leave without pay shall not be paid. A
holiday occurring between two days of voluntary or emergency leave without pay shall
be paid.
(e) No work shall be performed on Labor Day except that which is necessary
to maintain service.
Section 4.2. (a) Each regular employee hired on or after the beginning
effective date of this Agreement shall accrue annual leave at the following rates based
upon initial date of employment:
(1) Personnel employed up to three (3) years shall accrue thirteen and one-
third (13-1/3) hours per month of service or one hundred sixty (160) hours per year. The
minimum number of hours of annual leave that must be used per fiscal year is eighty
(80).
(2) Personnel employed from three (3) to six (6) years shall accrue sixteen
and two-thirds (16-2/3) hours per month of service or two hundred (200) hours per year.
The minimum number of hours of annual leave that must be used per fiscal year is one
hundred (100).
(3) Personnel employed six (6) years or more shall accrue twenty (20) hours
per month of service or two hundred and forty (240) hours per year. The minimum
number of hours of annual leave that must be used per fiscal year is one hundred and
twenty (120).
(4) Personnel hired and employed prior to the beginning effective date of
this Agreement shall accrue annual leave at the rate of twenty (20) hours per month of
service or two hundred and forty (240) hours per year. The minimum number of hours
of annual leave that must be used per fiscal year is one hundred and twenty (120).
(5) If an employee is terminated by the City or leaves employment of the
City on any day during the month, or if he shall be employed on any day other than as
indicated by a full calendar month, he shall be entitled to the pro-rata portion of the
working days actually earned for that month. All employees shall have the privilege of
accumulating annual leave up to and including ninety (90) working days. Upon
termination from the City, all accrued annual leave shall be paid in a lump sum together
with final salary payment.
(b) An employee must notify the proper supervisor in writing at least one day
in advance when not more than two (2) days annual leave is desired. When longer
periods of annual leave are desired, at least one (1) week advance notice will be given.
City of Seward/IBEW Contract
Page 7
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Annual leave requested shall be granted the employee if, in the opinion of the City, he
can be spared at the time requested. Otherwise, such requests shall be granted as soon
as the employee can be spared from his duties.
Section 4.3. Leave without pay may be granted if, in the opinion of the City, the
employee can be spared; provided, however, that leave without pay shall not be
requested or granted until such time as all accrued annual leave has been reduced to 80
hours. No benefits will accrue on leave without pay except insurance as referenced in
Section 12.1(c) of this Agreement, which will continue to be paid as long as employee is
employed by the City.
Section 4.4. (a) An employee injured in the course and scope of employment,
and not released to work in the employee's normal position, as certified by a physician,
psychiatrist, dentist or other such licensed professional, shall be entitled to continued pay,
as set forth below, without deduction from accrued leave. The amount of such pay shall
be the employee's regular wage, not including overtime, less any worker's compensation
benefits received as a result of the injury. Such payments shall not exceed six weeks.
After six weeks of payments have expired, the employee shall be granted leave
without payor he may use accrued annual leave if requested. No deduction shall be
made for worker's compensation benefits received while using annual leave.
All fringe benefits will continue to accrue during leave without pay until the
employee is released to perform his usual job description by a physician, psychiatrist, or
other such licensed professional. While on leave without pay, any leave accrued shall
be used by the employee as it is accrued.
(b) When serious illness or the need for major medical attention for himself or
an immediate family member requires that a regular employee be absent from regularly
scheduled work, and provided that the employee has exhausted all annual leave in his
leave bank, leave without pay shall be granted by the City at the request of the
employee. Such leave will not exceed one year. During such leave without pay, no
benefits will accrue except for medical insurance.
If an employee takes annual leave or leave without pay because of such serious
illness or need for major medical attention, he may be required to furnish the City with
a statement from a medical doctor certifying that his absence was necessary for medical
reasons. The City, at its option and at City expense, may require that the employee
obtain a second opinion from a physician of the City's choosing.
For purposes of this section, immediate family member is defined as mother,
father, mother-in-law, father-in-law, spouse, daughter, son, or a relative or significant
other living within the employee's residence.
City of Seward/IBEW Contract
Page 8
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ARTICLE V
HOURS OF WORK AND COMPENSATION
Section 5.1. (a) The regular work day is eight (8) hours. The regular work day
shall be from 8:00 a.m. to 5:00 p.m. if a one-hour lunch period is taken, or 8:00 a.m. to
4:30 p.m. if a one-half hour lunch period is taken.
(b) The regular work week shall consist of five (5) days, Monday through
Friday, inclusive.
(c) Generation Operation. Line personnel, after two (2) weeks notice or two
consecutive weeks of generation operation, will work regularly scheduled eight (8) hour
shifts in order to provide around-the-clock coverage of generation operations. A "regu-
larly established shift" means a shift which is to be effective for at least one week. Work
shifts for operating personnel may be established so as to schedule such personnel to
work ten (10) consecutive days with four days immediately following as off-duty days.
Operating personnel will not be scheduled to return to work without having had an
eight (8) hour rest interval between periods of duty. If an operating employee has
worked sixteen (16) hours or more in a twenty-four (24) hour period, he will be
compensated at the appropriate rate for any portion of such eight (8) hour rest period
which extends into his regularly scheduled work day. The shift schedule may be altered
by mutual consent. No employee will be required to lose any working time by reason
of a change in jobs or shifts, except in cases of personal convenience or preference.
Employees who work on a regularly scheduled operating crew shift commencing at 3:30
p.m. and concluding at 11:30 p.m. shall receive a differential of ten percent (10%) per
hour in addition to their straight-time rate. For employees who work on a regularly
scheduled operating crew shift commencing at 11:30 p.m. and concluding at 7:30 a.m.,
a differential of fifteen percent (15%) per hour in addition to the regular straight time rate
will be paid.
Employees caused to lose days off because of short notice or shift change will be
paid at the overtime rate.
(d) When employees are reasonably close to their starting location or where a
lunch is available, such as a restaurant, at the lunch time the City will allow the use of
light City vehicles to travel to and from lunch.
Section 5.2. (a) All work in excess of the above eight (8) hour day shall be
considered overtime and paid for at double the regular hourly rate with the time
calculated to the nearest tenth (1/10) of an hour.
City of Seward/IBEW Contract
Page 9
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(b) No employee covered by this Agreement shall be called to work outside his
regular shift for less than two (2) hours paid for at the rate of double the regular hourly
rate.
(c) An employee required to work between the hours of 10:00 p.m. and 5:00 a.m.
shall not report to work the next day following until he has had eight (8) consecutive
hours reliefi provided, however, that such employee shall be paid at his applicable
straight-time rate for that portion of the rest period that overlaps into his regular work
day. If the employee is required by the City to remain at work, the employee will be
paid double his regular straight time rate until being relieved.
An employee called to work between the hours of 5:00 a.m. and 8:00 a.m. shall
receive double his regular straight time rate. The employee will revert to his straight time
rate at 8:00 a.m. on his normal scheduled workday. Missed breakfast will be compensat-
ed in compliance with Section 5.3 of this Agreement.
Section 5.3. When an employee is required to work two (2) hours or more
immediately following his regularly scheduled shift, or four (4) hours or more after a call-
out, he shall be furnished a meal by the City on the City's time at the applicable rate and
every four (4) hours thereafter until relieved. Eating shall be accomplished as quickly dS
reasonably possible, not exceeding one (1) hour if returning to work after eating. One-
half (1/2) hour shall be permitted, also at the applicable rate, if the employee eats after
he has finished work. The employee also shall be permitted to elect to take an "in lieu
of meal" allowance of Twelve Dollars and Fifty Cents ($12.50) and one-half (1/2) hour at
the applicable rate. An Eighteen Dollar ($18.00) ceiling is established for meals that are
eaten.
If a call-out has caused a worker to miss breakfast at home, the City will provide
this meal and the time to eat it.
Entitlement to meal money will be noted on the time card and certified by the
appropriate supervisors and will be paid concurrently with the wages for the same day.
Section 5.4. When an employee is required to work on a paid holiday listed in
Section 4.1 hereof, subject to the conditions therein stated, he will be paid the appropriate
straight time for the holiday and, in addition, he will receive double the appropriate
straight time rate for the time worked.
Section 5.5. When an employee is laid off or quits work, he shall receive all
accrued earnings not later than twenty-four (24) hours from the time of termination of
employment, except when the day following the termination is a Saturday, Sunday or
legal holiday, in which case he shall receive accrued earnings on the following work day.
City of Seward/TBEW Contract
Page 10
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Section 5.6. No employee shall be terminated or suspended unless written notice
is immediately sent to the Union setting out the cause for such termination.
Section 5.7. There shall be allowed, in addition to all other benefits set out herein,
a one percent (1 %) longevity pay, which shall commence at the end of the first year's
employment and shall carry through annually for the first ten (10) years of employment.
This pay shall be computed and added to the regular pay for the employee up to ten
percent of his current wage rate. Employees hired after January 1, 1990, shall not receive
longevity.
Active employees hired after January 1, 1990, after one year's service Ganuary 1 -
December 31), shall receive a longevity bonus in the amount of one percent (1 %) of the
employee's straight time rate of pay calculated at 2,080 hours. For accounting purposes,
and so that the employee shall have an additional check at Christmas time, all longevity
bonuses shall be paid once each year on the first pay day of December.
Section 5.8. If an employee is required to work at a classification higher than that
in which he is normally employed, he will be paid at the higher rate normally paid for
that higher classification for a period of not less than one hour.
Section 5.9. Premium pay for hot-stick work will be allowed to crews while
working with such equipment on voltages in excess of 5,000 volts, except that the
changing out of dead end insulators or conductors energized at 5,000 volts will be paid
at the hot-stick rate. Hot-stick work will not include the opening and closing of switches,
the removal and replacement of fuses or the lifting and replacing of hot-taps when hot-
line clamps are used. Hot-stick compensation will be fifteen percent (15%) above the
applicable hourly rate.
Section 5.10. (a) The Union shall determine which two (2) Linemen will be on
the call-out list. Each of the two (2) Linemen designated on the call-out list shall receive
one hour of overtime pay for each day they are available to respond to call-outs.
A current call-out list will be made available to the City for a two (2) month
period. A new list will be presented prior to expira~on of the previous list with the
names and phone numbers of the two Linemen covering call-outs for seven (7) days of
the week. When a Lineman finds it necessary to switch his assigned call-out day or days
with another employee, the City police dispatcher shall be notified. A Lineman who has
called in sick and taken annual leave for that purpose shall be replaced on the call-out
list and the City notified of the replacement's name.
(b) The above-mentioned list of available employees shall allow for coverage
of emergencies from 8:00 a.m. Tuesday to 8:00 a.m. the following Tuesday.
City of Seward/IBEW Contract
Page 11
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(c) Those employees in town shall respond when the call-out crew needs
additional help to maintain or restore power.
(d) If the City is unable to contact a Lineman on the "call-out" crew within 15
minutes of the first attempt by radio and/or telephone, another crew member will be
called out. Nothing in this section will require the city to pay stand-by pay to any
employees other than those listed on the call-out list provided to the City by the Union.
Section 5.11. (a) Travel Insurance. The City guarantees that, in the event an
employee subject to this Agreement dies from injuries suffered as a result of his being
required to travel in the scope of his employment at the direction of the City, the total
sum of $100,000 will be paid to his beneficiary or beneficiaries as designated by the
employee.
(b) No Flying Roster. An employee subject to this Agreement who does not
wish to be assigned to work of the City requiring his travel by aircraft will signify that
wish by signing a "No Flying Roster" to be maintained by the City. The employees
whose names appear on the "No Flying Roster" will not be assigned to work of the City
requiring travel by aircraft. Two flying rosters will be maintained; one fixed wing, the
other rotary (helicopters), and any employee will be allowed to change his status once
annually.
ARTICLE VI
APPRENTICE LINEMEN
Section 6.1. Apprentices. An apprentice is an employee who has been properly
indentured by the Alaska Joint Electrical Apprenticeship Trust. All apprenticeship
training will conform to the Alaska Electrical Industry Apprenticeship Standards, as
formulated by the Anchorage Electrical Joint Apprenticeship Committee in cooperation
with the Bureau of Apprenticeship and Training, United States Department of Labor. In
recognition of the nature of such apprenticeship employment, the City agrees that wages
and benefits, ratios and other working conditions described in the IBEW/NECA Outside
Construction Agreement apprenticeship sections shall apply.
ARTICLE VII
SAFETY
Section 7.1. All electrical work shall be executed in a safe and proper manner,
consistent with the requirements of the State of Alaska Electrical Safety Code and the
National Electrical Code. A copy of the National Electrical Code and the National
Electrical Safety Code shall be available at the City Electrical Shop.
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Section 7.2. The City shall furnish such safety devices and first aid kits as may be
needed and requested for the safety and proper emergency medical treabnent of the
employees. All rubber hats, coats, gloves, boots and all other necessary rubber equipment
for the protection of men working on live equipment are to be furnished and shall be
used by the employees at all appropriate times.
Section 7-3. The Line Foreman shall, as a safety measure, see that all protective
devices for handling high voltages are kept clean and in good condition. Rubber gloves
shall be subjected to tests every month, and an air test before each use, and shall be kept
clean, dusted with talcum powder and carried in a suitable bag provided for that purpose
only. Hand lines and tackle shall be kept in good repair.
Section 7.4. Workmen watching wire reels where conductors are pulled in on the
same line of poles or where they may come in contact with any other conductors
carrying 440 volts or greater shall be journeymen and there shall be grounded metal
sheave block between the reel and the first line support.
Section 7.5. On all energized circuits of 440 volts or greater, as a safety measure,
two journeymen must work together or a journeyman and a "hot" apprentice.
(a) Except for maintenance of the generator engines and the exceptions noted
below, all work perfonned inside energized substations and switchyards shall be done
by journeyman linemen. Nothing herein precludes Management personnel from being
in substations or switchyards. Work that needs to be done in substations and
switchyards, other than engine maintenance, that requires carpenters or other crafts, shall
have a journeyman lineman present at all times while such work is being perfonned
unless the work site can be separated from exposed energized conductors exceeding 240
volts by a physical barrier. Such barriers may be a temporary fence or the containment
of the work within a building.
Section 7.6. (a) The lineman himself shall be the judge as to whether or not
extreme weather or other abnonnal conditions are suitable for the perfonnance of
dangerous or hazardous work when working any voltage.
(b) Rubber shall be required when a lineman is working around and between
conductors on all voltages over 440 and rubber shall be applied with rubber gloves up
to and including 4,500 volts between phases.
(c) All grounded circuits in excess of 4,500 volts shall be deemed dangerous and
hazardous and hot sticks shall be used.
(d) Voltages of 4,500 volts or less may be worked with rubber gloves.
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Section 7.7. The Union will plan and conduct a one (1) hour safety and job-
training program each week and will provide the City with a copy of the schedule and
minutes of the weekly training.
(a) Each year, the City will schedule during normal working hours a First Aid
and CPR training course, as required by the State Deparbnent of Occupational Safety and
Health, and a minimum of four (4) hours of pole-top training.
ARTICLE VIII
DISCIPLINE
Section 8.1. Employees shall not use the City's time or material for other purposes
than those authorized, nor shall they be careless or abusive of materials and equipment.
Section 8.2. Full cooperation from all employees shall be expected, except that no
employee shall be expected to do work or assume responsibility for which another
employee receives a higher wage rate, unless he is paid the higher wage rate.
Section 8.3. Failure of an employee to comply with written working rules and
safety practices and regulations shall be considered insubordination. Such rules and
regulations shall be kept posted in a conspicuous place, accessible to all employees
concerned.
Section 8.4. All employees shall be required to carry out their duties in a
courteous and businesslike manner, particularly where the public is concerned. No
employee shall be considered competent if found under the influence of alcohol or drugs
while on duty, or who fails to report for work because of over-indulgence in alcohol or
drugs.
Section 8.5. An employee found to have knowingly falsified time records and/or
other operating maintenance records shall be subject to discipline up to and including
dismissal from employment.
Section 8.6. The possession of a valid Class A Commercial Drivers License shall
be a condition of employment, and the loss of such license shall be grounds for
termination. If, in the opinion of the City, reasonable accommodation can be made, an
employee who loses his Class A Commercial Drivers License shall retain his employment
status with the City.
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ARTICLE IX
GRIEVANCE PROCEDURES
Section 9.1. Policy on Grievances. The parties hereto recognize that the prompt
and equitable settlement of employee grievances is essential to the maintenance of sound
labor relations. The parties further recognize that such grievances are usually more
satisfactorily and expeditiously settled at the lowest supervisory level at which an
acceptable understanding can be reached. Every reasonable effort will be made by the
Shop Steward, in cooperation with the City's Utility Manager, to correct violations and
infractions of this Agreement. The Shop Steward, upon request to his immediate
supervisor, shall be given a reasonable amount of time during working hours, and
without loss of pay, to handle grievances pertaining to his area of responsibility. During
outages and other emergencies, the Shop Steward will be required to give priority
attention to the City's business. Immediate supervisor means Foreman or appropriate
management personnel.
Section 9.2. Grievance. A grievance is hereby defined as an alleged violation of
the terms of this Agreement.
Section 9.3. Grievance Procedure. Any employee or group of employees having
a grievance shall proceed, according to the following steps, to seek a satisfactory
settlement of his grievance. To provide the best opportunity for the grievance to be
resolved at the lowest level, none of the following steps shall be omitted:
Step One: The employee shall discuss his grievance with his immediate
supervisor. If the employee and his supervisor fail to agree on the matter, Step Two will
be followed.
Step Two: The employee will discuss his grievance with his Shop Steward who
will, in turn, seek to settle the grievance with the employee's immediate supervisor. If
the Shop Steward cannot reach an agreement with the employee's supervisor, Step Three
will be followed.
Step Three: The Shop Steward shall prepare a written notice of grievance which
will include the following:
(a) The nature of the grievance and the circumstances out of which it arose,
including the date of the occurrence;
(b) The remedy or correction the City is requested to make;
(c) The section or sections of the Agreement relied upon or alleged to have
been violated;
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(d) The signature of the grievant and the Shop Steward; and
(e)
The date the statement of the grievance was prepared.
The notice of grievance shall be filed within five (5) calendar days after the
grievance arose, but in no event later than fifteen (15) calendar days after the payday
following the date a pay related grievance arose. Any grievance not so filed shall be
deemed to have been waived and shall not be entitled to further consideration.
Step Four: The written statement of the grievance shall be turned over to the
Union's Business Manager or his representative to be presented to the City's designated
representative within fifteen (15) days of the occurrence.
Step Five: The Union and the City will have fourteen (14) calendar days to
discuss the grievance, hold meetings and try to come to mutually agreeable settlement.
Prior to the end of the specified fourteen (14) day period, the City will provide the Union
with a written statement of its position on the grievance.
Step Six: If the grievance is not resolved at Step Five, the Union may submit
the matter to arbitration within seven (7) calendar days from the date the Union received
the City's statement.
Section 9.4. Arbitration. Not later than fourteen (14) calendar days after service
of the notice by one party or the other party, the parties will mutually select an
Arbitrator. If the City and the Union fail to agree on an impartial Arbitrator within
fourteen (14) calendar days, they shall request the American Arbitration Association to
select an arbitrator under the Voluntary Labor Arbitration Rules.
It is mutually understood and agreed that arbitration hearings will be conducted
without unnecessary delay and the Arbitrator shall be available within thirty (30) days
unless both parties agree to waive the time limit. Each party shall be given reasonable
opportunity to be heard by its representative and to produce witnesses and documentary
evidence and to cross-examine. The authorities and duties of the Arbitrator shall be as
follows:
(a) To consider only the particular issue or issues presented to him in writing
by the City and the Union which had been processed through the grievance procedure.
(b) He shall have the power to interpret the terms of the Agreement, but his
decision shall be based solely on the existing terms of the Agreement, and he shall not
have the power to add to, subtract from, or modify any of the terms of the Agreement.
(c) He shall have no power to establish wage rates, job classifications or fringe
benefits of any kind.
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Although no formal rules of evidence are contemplated by this Agreement, the
Arbitrator shall determine the admissability of evidence, admissability being principally
a matter of relevancy and materiality and the avoidance of undue repetition. Each of the
parties hereto agree to produce all books, records and documents or other materials, or
certified copies thereof, which in the opinion of the arbitrator are relevant to the issues
of the grievance. A decision of the Arbitrator, and the reasons therefor, shall be given
in writing to the parties.
The judgment of the Arbitrator shall be final and conclusive on the parties hereto.
The parties further agree that, from the time the City first was notified of the grievance
until it is settled, including the entry of the judgment of the Arbitrator when the
grievance has been submitted to arbitration, the provisions and conditions prevailing
prior to the time such matter arose shall not be changed or abrogated pending a decision
in such arbitration.
Failure of either party to act within the time schedule set forth in this procedure,
without the express written agreement of the other party, will be considered as a default
and the grievance shall be considered to have been settled in favor of the non-defaulting
party.
The cost of the arbitration and any other expenses agreed to in advance shall be
borne by both parties.
ARTICLE X
WORKING RULES
Section 10.1. (a) Line Foreman. A Line Foreman is a working journeyman who
has been a journeyman for at least three (3) years in the branch of the trade in which he
is directing up to four (4) other employees. If he directs more than four (4) other
employees, he will not work except in emergencies which threaten life or property,
except for incidental assistance which does not distract from his primary function. A Line
Foreman will not be required to direct more than five (5) other employees. When any
work is being done on or within the reach of a primary voltage, the Foreman shall not
work but shall be in the position to observe the work being done and give advice in
regard to safety.
(b) Leadman. A Leadman is a working journeyman who has been a
journeyman for at least three (3) years in the branch of the trade in which he is directing
at least one other journeyman but not more than two (2) other employees.
Section 10.2. Framing poles, boring and fitting arms, making of guys and setting
anchors shall be done by journeymen. Any crew erecting poles shall consist of at least
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one journeyman in addition to the Foreman, except, in the primary area, four (4) em-
ployees will be utilized, the majority being linemen, including the Foreman.
Section 10.3. Journeyman Linemen shall be required to furnish only body belts,
cutting pliers, climbers and skinning knife. Wiremen shall furnish their own pocket tools.
All other tools shall be furnished, including two (2) pairs of leather gloves to each
journeyman lineman per year.
Section 10.4. All men on work sixty-five (65) feet above ground level shall be paid
at the overtime rate while working such height.
Section 10.5. Employees operating the generation plant under Section 5.1 (c) or
during the employee's regular work day shall eat their mid-shift lunch on working time,
at a time so as not to interfere with efficient operation of the generation plant.
Section 10.6. For the purposes of defining overtime on shift work, the first eight
(8) hours of any regularly established shift shall be at straight time, the sixth (6th) day
shall be considered Saturday, and the seventh (7th) day shall be considered Sunday.
Section 10.7. Any time the City is operating its own generation plant, two (2)
journeyman Linemen will operate the plant.
Section 10.8. One journeyman lineman may perform low voltage switching such
as setting reclosers on next trip lock-out or ground trip switches, or setting load tap
changers to manual or automatic, provided the lineman has two-way communications
with the city dispatcher or line crew foreman. However, one journeyman lineman shall
not be allowed to open or close power circuit breakers.
ARTICLE XI
MISCELLANEOUS
Section 11.1. The details of any provisions made by the City for the compensation
of injured employees shall be furnished to the Union and shall also be kept posted in a
place accessible to all employees covered by this Agreement.
Section 11.2. (a) An employee who is called for and performs jury duty will be
compensated by the City for the difference between payment received for such jury duty
(excluding travel and subsistence allowances) and the payment he would have received
for the straight time hours he was thereby required to lose from his regular work
schedule, but not to exceed five (5) eight hour days per week, computed at his
established hourly wage rate. Differential payment shall continue so long as such jury
duty continues and upon documentary proof of jury duty and the payment received
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therefor. Continuous service, annual leave and duly established seniority privileges will
accumulate during such leave.
(b) Voting time off will be given in accordance with the City's Personnel Code.
(c) With voluntary authorization by an employee on a form supplied by the
Union, the City agrees to deduct $0.07 per hour from the employee's wages to be
submitted to the mEW Local Union 1547 for its Political Action Fund. This money will
be sent in monthly with the dues and shall be made by the fifteenth (15th) of the month
following which the deduction was made.
Section 11.3. (a) Employees who report for work on a scheduled work day and
who, because of inclement weather or comparable reasons, are unable to discharge their
usual duties, will be paid for such day at the applicable rate; provided, however, that
such employees may be assigned to other work within or below their job classification
or participate in training and instruction pertinent to their employment, including first
aid, safety and hot-stick work.
(b) Employees required to work with hazardous material shall be supplied with
all necessary protective equipment.
Section 11.4. The City shall furnish a linemen's room with lockers for clothes,
tools, etc., and facilities for drying clothing and equipment.
Section 11.5. Delegation of Authority. Delegation of authority shall be from an
appropriate City representative to a foreman or leadman who, in turn, will instruct
journeymen, operators, apprentices or other employees as assigned.
ARTICLE XII
WAGES AND BENEFITS
Section 12.1. (a) The City agrees to participate in, and contribute to, the Alaska
Electrical Pension Fund, a trust fund which was established pursuant to: 1) an agreement
between the Union and the Alaska Chapter of the National Electrical Contractors
Association, Inc.; and 2) that certain declaration of trust entered into by the aforesaid
parties for the purpose of providing pension benefits for those persons covered by said
agreement. The City will pay into said fund the sum of Three Dollars ($3.00) for each
hour for which compensation is paid by the City to those employees in job classifications
listed in Article XIII herein. The foregoing payments to the fund, made by the City, will
entitle said covered employees of the City to pension payments under such terms and
conditions that may be lawfully provided for by the administration and management of
said fund. The City's liability shall be limited to making the foregoing payments. All
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payments due hereunder are payable to said fund on or before the 15th day of the
month following the month in which said compensable hours were earned by the City's
said employees.
(b) The City agrees to participate in, and contribute to, the Alaska Electrical
Legal Fund $25.95 per month per employee for prepaid legal services with monthly
eligibility. The City agrees to make remittances monthly with forms provided. All
payments due hereunder will be made by the City to said fund on or before the 15th day
of the month in which said compensable hours were earned by the City's said employees.
(c) The City agrees to participate in and contribute to the Alaska Electrical
Health and Welfare Trust Fund and, depending upon the Health and Welfare Flex Plan
(Seward Plans 500 to 505) selected by an employee, to the Alaska Electrical Money
Purchase Workers Pension Plan of the Alaska Electrical Workers Pension Fund for the
purpose of providing selected benefits to the employees covered by this Agreement.
Beginning January 1, 1993, the City will contribute $570.00 per month per employee to
the trust funds. Each year in January during the term of this Agreement, the City will
increase the monthly contribution rate by ten percent (10%).
The City agrees to enter into such further agreements and to execute such
instruments as may be legally required or convenient to its full participation in the
foregoing funds for and on behalf of its said employees.
The City agrees to make remittances monthly with forms provided. All payments
due hereunder will be made by the City to said funds on or before the 15th day of the
month following the month in which said benefit was earned by the City's said
employees.
Section 12.2. The City agrees to pay a base rate for each regular hour of
compensation for journeymen linemen and wiremen which is $28.28 from January 1,
1993, to June 30, 1993, and shall increase this base rate three and six-tenths percent (3.6%)
each July 1 during the term of this Agreement. Individuals covered under the terms of
this Agreement shall not be entitled to receive any across-the-board pay increases granted
by the City Council to all other regular city employees.
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ARTICLE XIII
JOB CLASSIFICATIONS
This Article shall cover all classifications of employees covered by this Agreement.
The wage rate for the classifications of employees covered by this Agreement shall be as
follows:
Percent of Journeyman
Lineman or Wireman
Effective Wage Rate 01/01/93
$28.28
Journeyman Lineman or Wireman
Equipment Operator
Line Foreman
Leadrnan
Journeyman Lineman/Plant Operator
100%
100%
112%
105%
100%
Apprentices (See Section 6.1 of this Agreement)
If employees are needed for work not listed in the classifications under this Article
but for work included in the bargaining unit, they shall be paid at a negotiated rate that
relates in importance to one of the classifications herein provided.
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. CITY OF SEWARD, ALASKA
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City Manager
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, WCAL UNION
NO. 1547
~LL-
Assistant Business Manager
k)OtrE>.l,lQ. C~
Dave W. Crane
Mayor
G~~~
Business Manager
~~
Boyd Morris
Shop Steward
ATTEST:
APPROVED AS TO FORM:
7--J J1/~
Fred B. Arvidson
City Attorney
(City Seal)
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-002
ATTEST:
APPROVED AS TO FORM:
Perkins Coie, Attorneys for the city of
Seward, Alaska
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(City Seal)
7~JV~
Fred B. Arvidson
City Attorney