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HomeMy WebLinkAboutRes1989-155 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 89-155 A RESOLUTION OF THE eITY eOUNeIL OF THE CITY OF SEWARD, ALASKA, APPROVING A COLLEeTIVE BARGAINING AGREEMENT FOR IBEW LINEMEN FOR THE PERIOD JANUARY 1, 1990, THROUGH JUNE 30, 1992 WHEREAS, the International Brotherhood of Electrical Workers (IBEW) represents the outside linemen employed by the eity of Seward; and WHEREAS, the City and IBEW have negotiated a collective bargaining agreement for the represented employees for the period January 1, 1990, through June 30, 1992; and WHEREAS, Section 3.65.015 of the Seward eity eode provides that all collectively bargained agreements are subject to approval by the eity eouncil; NOW, THEREFORE, BE IT RESOLVED BY THE eITY COUNeIL OF THE eITY OF SEWARD, ALASKA, that: Section 1. The Mayor and City Manager are hereby authorized to execute the agreement covering terms and conditions of employ- ment between the eity of Seward and Local 1547 of the International Brotherhood of Electrical Workers, AFL-CIO, for the period January 1, 1990, through June 30, 1992, attached 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 27th day of December, 1989. THE eITY OF SEWARD, ALASKA ~~~ ~lliam e. Noll, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Hilton, Meehan, Noll, Sieminski None Dunham, Simutis None -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 89-155 ATTEST: o~~.~ Patrlcla J. Jones Acting eity Clerk (City Seal) APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ 12P~ Fred B. Arvldson eity Attorney -2- . 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 . . 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 . ARTICLE INDEX 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 elassifications ........................ Page 2 3 4 6 8 11 12 13 14 16 17 18 19 . AGREEMENT COVERING TERMS AND CONDITIONS OF EMPLOYMENT Between The City of Seward Seward, Alaska and Local 1547 International Brotherhood of Electrical Workers, AFL-CIO Anchorage, Alaska THIS AGREEMENT, entered into in duplicate and effective as of the first day of January, 1990, 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 City' 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 Union; and WHEREAS, it is the intent and purpose of the parties hereto to promote and improve industrial and economic relations between the City, its employees and the Union; to establish a basic understanding relative to rates of pay, hours of work and other conditions of employment; to provide procedures for the amicable adjustment of all disputes and grievances; and to promote and foster harmonious employer-employee relations to the mutual benefit of the City, its employees, the Union and the general public; NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: . City of Seward/IBEW Contract Page 1 . . . il II I 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 l.l. This agreement will remain in full force and effect from January 1, 1990, until June 30, 1992, 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 discipl ine; 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, 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, City of Seward/IBEW Contract Page 2 . merger, sale, transfer or assignment of either party hereto, or affected, modified, altered or changed in any respect whatsoever by the change of any kind of ownership or management of either party hereto, or by any change, geographical or otherwise, in thel location of place of business of either party hereto. 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 XII, 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 five (5) days, excluding holidays and the 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. . City of Seward/IBEW Contract Page 3 . . . ;i Article III APPOINTMENT AND TENURE section 3.1. (a) Temporarv Emplovees. 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. Temporary Employees shall not accrue seniority, service credits, holiday pay, annual leave, jury duty or longevity. ! (b) Probationarv Emplovees. (1) Generallv. 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 proba- tionary employees for the first ninety (90) days except that if a Temporary Employee is hired for regular employment and said employee has been employed for ninety (90) days or more, he will not be required to serve an additional 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 Emplovee Probationarv. When it becomes clear that an employee serving a promotional probationary period not to exceed ninety (90) days is not performing adequately, he shall be so informed 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) Reqular Emplovee. A Regular Employee is one who has engaged for regular employment and who has served the continuously for ninety (90) days or longer. been city (d) Casual Emplovees. A Casual Employee is one who has been employed by the City in such classification as Groundman or others under the following conditions: City of Seward/IBEW Contract Page 4 I. I . . (1) Casual Employees shall not displace a regular employee or perform work usually assigned to a regular employee. (2) Employees upon calendar year. Casual Employees shall be considered Regular the completion of five hundred (500) hours in any (3) Casual Employees shall be paid at least seventy- five percent (75%) of the base wage rate for Journeymen Linemen as set forth in Article XII and XIII. (4) The City may employ Casual Employees utilization of the hiring provisions of section 2.2 Agreement. without of this (5) Persons employed as Casual Employees need not affiliate themselves with the Union. (6) Casual Employees shall not be entitled to fringe benefits such as pension, Health and Welfare and other benefits and shall not accrue seniority, service credits, holiday pay, annual leave, jury duty, workman's compensation supplement or longevity pay. Section 3.2. The City will recognize the Shop Steward, selected in accordance with Union rules 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 rules. (b) The City may prescribe working rules in addition to the working rules 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 ln relation to classifications in Article XII 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 City of Seward/IBEW Contract Page 5 . 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. Section 3.7. All notices required by either party shall be in writing either to the Business Manager of the Union or 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. . 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 commer- cial 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) Recoqnized citv Holidavs. The following shall be recognized as holidays with pay for all regular employees . City of Seward/IBEW Contract Page 6 . 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 I s Day, Seward's Day, Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans Day, Thanksgiving Day and the day immediately following Thanksgiving Day, one-half working day immedi- ately preceding Christmas Day, and Christmas Day. (b) Holidavs Fallinq on a Saturdav 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 Sunday, the Monday following shall be recognized in lieu thereof and treated as a holiday with respect to overtime compensation. (c) Holidav durinq Annual Leave. which occurs during an employee's annual as a day of annual leave. A recognized city holiday leave shall not be counted (d) Holidav Fallinq between Two Davs of Leave without Pav. 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 permanent employee shall accrue annual leave at the rate of two and one-half (2 1/2) working days for each calendar month of employment; however, 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. All permanent employees shall be required to take a minimum of one hundred twenty (120) hours annual leave during each of the City's fiscal years (July 1st through June 30th). Therefore, employees may carry forward a maximum of 120 hours of annual leave per fiscal year. (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. Annual leave requested shall be granted the employee if, in the opinion of the ci ty, he can be spared at the time requested. Otherwise, such . City of Seward/IBEW Contract Page 7 . 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.l(c) of this Agreement, which will continue to be paid as long as employee is employed by the city. section 4.4. 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 use accrued annual leave until his leave bank has been reduced to 80 hours. No deduction shall be made for worker's compensation benefits received while using annual leave. After the employee's leave bank has been reduced to 80 hours, the employee may take leave without pay. 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 annual leave accrued in addition to the 80 hours leave bank referenced above shall be used by the employee as it is accrued. ARTICLE V HOURS OF WORK AND COMPENSATION section 5.1. (a) The regular work day is eight (8) hours. The 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 . City of Seward/IBEW Contract Page 8 . work regularly scheduled eight (8) hour shifts in order to provide around-the-clock coverage of generation operations. A "regularly established shift" means a shift which is to be effective for at least one week. Work shifts for operating personnel may bei established so as to schedule such personnel to work ten (10) I consecutive days with four days immediately following as off-duty days. Operating personnel will not be scheduled for 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 sche- duled 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 the crew is working within a reasonable distance of the Shop and elects to take a one (1) hour lunch break, the city will not deny the crew the opportunity for a hot lunch and will allow the use of light City vehicles providing the employees travel on their own time. 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. (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 who has been called in for work eight (8) or more hours before his next regularly scheduled work day shall not report to work the next day following until he has had eight (8) consecutive hours relief; 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, he will be paid double his regular straight time rate until being relieved. . City of Seward/IBEW Contract Page 9 . 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 as reasonable 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 the 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 concur- rently 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 appropri- ate 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. 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. section 5.8. If an employe is required to work at a classifi- cation higher than that in which he is normally employed, he will . City of Seward/IBEW Contract Page lO . . . be paid at the higher rate normally paid for that higher classifi- cation for a period of not less than two hours. 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. The Union shall determine which two (2) Linemen will be on the call-out list. Each of the two (2) Linemen desig- nated on the call-out list shall receive one hour of overtime pay for each day they are available to respond to call-outs. (a) A current call-out list will be made available to the '1 city for a two (2) month period. A new list will be presented prior to expiration of the previous list with the names and phone numbers of the two Linemen covering call-outs for seven (7) days of the week. (b) The above-mentioned list of allow for coverage of emergencies from a.m. the following Tuesday. I available employees shall' 8:00 a.m. Tuesday to 8:00 (c) Those employees in town shall respond when the call-out crew needs additional help to maintain or restore power. 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 ,i wages and benefits, ratios and other working conditions described II in the IBEW/NECA Outside Construction Agreement apprenticeship I sections shall apply. I , City of Seward/IBEW Contract Page II . . . 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. 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 treatment 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 I 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 44 0 volts or greater, as a safety measure, two journeymen must work together or a journeyman and a "hot" apprentice. (a) Except for routine maintenance of the generator engines, all work performed inside energized substations and switchyards shall be done by journeyman linemen. Nothing herein precludes Management personnel from being in substations or switchyards issuing instructions. Work that needs to be done in substations and switchyards, other than routine engine maintenance, that requires carpenters or other crafts, shall have a journeyman lineman present at all times while such work is being performed. Section 7.6. (a) The lineman himself shall be the judge as to whether or not extreme weather or other abnormal conditions are suitable for the performance 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 City of Seward/IBEW Contract Page l2 . 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. 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 Department 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 I 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 employ- ment. . eity of Seward/IBEW Contract Page 13 I ARTICLE IX . GRIEVANCE PROCEDURES Section 9.1. policv on Grievances. The parties hereto recognize that the prompt and equitable settlement of employee grievances is essential to the maintenance of sound labor rela-i tions. The parties further recognize that such grievances are: usually more satisfactorily and expeditiously settled at the lowest I 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 viola- tions 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 griev- ance. 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 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; . City of Seward/IBEW Contract Page l4 . . . (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 that 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) working 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 a 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 receives the City's state- ment. Section 9.4. Arbi tration. Not later than fourteen (l4) calendar days after service of the notice by one party on 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 reason- able 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 pro-' cessed 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 City of Seward/IBEW Contract Page l5 . 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 classifications or fringe benefits of any kind. wage rates, job 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 lO.l. (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. . eity of Seward/IBEW eontract Page l6 . . . II (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 one journeyman in addition to the Foreman, except, in the primary area, four (4) employees 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 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 genera- tion plant, two (2) journeyman Linemen will operate the plant. ARTICLE XI MISCELLANEOUS Section 11.1. The details of any provisions made by the eity 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 City of SewardjIBEW Contract Page l7 . . . II regular work schedule, but not to exceed five (5) eight hour days per week, computed at his established hourly wage rate. Differen- tial payment shall continue so long as such jury duty continues and upon documentary proof of jury duty and the payment received therefor. Continuous service, annual leave and duly established seniority privileges will accumulate during such leave. :1 I (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 IBEW 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. 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. Section lockers for clothing and 11.4. The City shall furnish a linemen's room with clothes, tools, etc., and facilities for drying equipment. ARTICLE XII WAGES AND BENEFITS Section l2.1. (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 forego- ing 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 administra- tion and management of said fund. The city's liability shall be limited to making the foregoing payments. All payments due eity of SewardjIBEW Contract Page l8 . . . II 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 eity agrees ! to make remittances monthly with forms provided. All payments due hereunder will be made by the city to said fund on or before thei 15th day of the month in which said compensable hours were earnedl by the City's said employees. I (c) The city agrees to participate in, and contribute to, thel Alaska Public utilities Insurance Trust (APUIT) Health and Welfare insurance program as provided by the City at this time. The city shall contribute up to Four Hundred Fifty Dollars ($450.00) per month on behalf of each employee covered under the terms and conditions of this Agreement. Section 12.2. The City agrees to pay a base rate for each regular hour of compensation for journeymen linemen and wiremen which is $25.40 from January 1, 1990, to June 30, 1990. Section 12.3. For the period beginning July 1, 1990, through June 30, 1991, the base rate will be increased by the percentage change in the cost of living for the Anchorage Metropolitan area as set forth in the most recently released semi-annual Consumer Price Index for all Urban Consumers published by the Bureau of Labor statistics, Department of Labor. Section 12.4. For the period beginning July 1, 1991, through June 30, 1992, the base rate will be increased by the percentage change in the cost of living for the Anchorage Metropolitan area as set forth in the most recently released semi-annual Consumer Price Index for all Urban Consumers published by the Bureau of Labor statistics, Department of Labor. 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 City of SewardjIBEW Contract Page 19 . . . " Effective Wage Rage 01/01/90 Journeyman Lineman or Wireman Equipment Operator Line Foreman Leadman Journeyman Lineman/Plant Operator , $25.40 lOO% 100% 112% 105% l05% Apprentices (See Section 6.1 of this Agreement) If employees are needed for work not listed in the classifica- tions 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. CITY OF SEWARD, ALASKA : Darryl Schaefermeyer City Manager William C. Noll, Mayor i ATTEST: Patricia J. Jones Acting City Clerk (City Seal) INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 1547 Roger Sams Assistant Business Manager Shop Steward eity of Seward/IBEW Contract Page 20 . . . II , 'I II APPROVED AS TO FORM: Perkins coie, Attorneys for the city of Seward, Alaska Fred B. Arvidson city Attorney City of Seward/IBEW Contract Page 2l