Exhibit 10.2
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
LOCAL UNION 396
[LOGO]
IBEW 396
0000 XXXXXXX XXXXXXX
XXX XXXXX, XX 00000
(000) 000-0000
EFFECTIVE 2/1/2002 - 2/1/2005
[LOGO]
NEVADA POWER COMPANY
0000 X XXXXXX XXX
XXX XXXXX, XX 00000
(000) 000-0000
AGREEMENT
This Agreement, made and entered into as of FEBRUARY 1, 2002, by and between
Nevada Power Company, a corporation, hereinafter referred to as the Company, and
Local Union No. 396 of the International Brotherhood of Electrical Workers, an
affiliate of the A.F.L./C.I.O., hereinafter referred to as the Union.
WITNESSETH
Whereas, for the purpose of facilitating the peaceful adjustments of differences
that may arise from time to time between the parties hereto, and to promote
harmony and efficiency to the end that the Company, the Union and the general
public may mutually benefit. Now therefore, in consideration of the provisions,
covenants and conditions herein contained, the parties hereto agree as follows,
to-wit:
ARTICLE NO. 1
INTRODUCTION/CONTINUITY OF SERVICE/NON-DISCRIMINATION
1.1 INTRODUCTION: The Company, in Xxxxx and Xxx counties, in the state of
Nevada, a public utility engaged in the service of generating,
transmitting and distributing electric power and energy, hereby
recognizes Local Union No. 396 of the International Brotherhood of
Electrical Workers, A.F.L./C.I.O., as the exclusive bargaining agent
for its employees who are employed in Customer Service, Energy
Services, LGS Billing, Districts, Material/Warehousing, Reprographic
Services, Mail Room/Receiving Departments, Line, Fleet Services,
Meter Services, Communications, Materials, Generation, Substations,
and Survey Organizations excluding all supervisory, confidential and
professional employees within the meaning of the National Labor
Relations Act, such covered employees more specifically defined in
Exhibit I (CLASSIFICATION DESCRIPTIONS), for the purpose of
collective bargaining with respect to rates of pay, wages, hours of
employment and other conditions of employment which may be subject to
collective bargaining.
1.2 CONTINUITY OF SERVICE: It is mutually recognized that the interest of
the Company, the Union and the welfare of the general public,
requires the continuous rendering of service by the Company, and the
parties agree that recognition of such obligations of continuous
service is imposed upon both the Company and its employees.
The Company, to facilitate the continuous performance of such
service, agrees to meet with the Business Manager of the Union or his
designated representative in reference to any matter within the scope
of the Agreement, and agrees that it will cooperate with the Union in
its efforts to promote harmony and efficiency among all of the
employees of the Company.
The Union agrees that the employees covered by this Agreement, will
not be called upon or permitted to cease or abstain from the
continuous performance of the duties pertaining to the positions held
by them with the Company. The Company agrees to do nothing to provoke
interruption of or to prevent such continuity of performance as
required in the normal and usual operations of the Company's
property. It is mutually agreed that any difference that may arise
between the above parties shall be settled in the manner hereinafter
provided.
The Union agrees that the employees covered by this Agreement will
individually and collectively perform loyal and efficient work and
service and that they will cooperate in promoting and advancing the
welfare of the Company and the protection of its service to the
public at all times.
The Union agrees that there will be no strikes, stoppages of work or
slowdowns of the Company's operations during the term of this
Agreement, and the Company agrees that there will be no lockouts
during the term of this Agreement.
1.3 NON-DISCRIMINATION: Neither the Company nor the Union will
discriminate against any employee in the application of the terms of
this Agreement because of race, religion, sex, age, color, national
origin, veteran status, disability or any other legally protected
status. It is understood that job titles used in this Agreement,
which indicate the male gender, are not intended to restrict
classifications to employees of the female gender.
1.4 LAWS: It is understood and agreed that if mandatory laws or
government rules or regulations applicable to or in conflict with any
of the provisions of this Agreement become effective and binding upon
the parties, such conflicting provisions of this Agreement shall be
subject to modification as required and the parties shall meet and
confer to determine mutually agreeable language to conform to the
laws, government rules and/or regulations.
If laws, government rules and/or regulations hereafter enacted
require changes in the structure and/or services provided by the
Company, then the Company and Union will, upon mutual consent, reopen
negotiations concerning the terms of this Agreement that are directly
affected by the changes.
1.5 AMENDMENT: This Agreement shall be subject to amendment at any time
by mutual consent of the parties. Such amendment must be written,
state the effective date of the amendment, and be executed in the
same manner as this Agreement.
ARTICLE NO. 2
UNION SECURITY
2.1 UNION DUES: The Company shall deduct money from Union employees'
wages and pay it to the proper officers of the Union, provided the
employee who is a member of the Union individually and voluntarily
authorized such deduction to be made. The form of the check-off
authorization is attached to this Agreement as Exhibit III (CHECK OFF
AUTHORIZATION). The Union shall hold the Company free and harmless
from any claims or damages from any party whatsoever for making
deductions and shall indemnify the Company against any and all claims
or damages, which may originate from the dues check-off process.
2.2 NEW EMPLOYEES: The Company agrees to notify the Union of the name and
address of new employees within thirty, (30) days of their date of
hire. The Union Business Manager and / or a designated representative
and the Human Resources Representative will participate jointly in
New Employee Orientation; this will provide an overview of Nevada
work law and the goals and responsibilities of both the Union and the
Company.
ARTICLE NO. 3
EXCLUSIVE FUNCTIONS OF MANAGEMENT
3.1 BUSINESS MANAGEMENT: The supervision and control of all operations
and the direction of all working forces, including the right to hire,
to suspend or discharge for proper cause, to transfer employees, to
relieve employees from duty because of lack of work and for other
legitimate reasons, is vested exclusively in the Company.
3.2 DISCIPLINE: The Company retains the right to exercise discipline in
the interest of good service and the proper conduct of its business,
provided an employee who has been laid off, discharged, or
disciplined shall be advised of the reason or reasons for such action
and shall be allowed suitable representation, if so desired, at the
time such reasons are provided. Furthermore, should the employee or
the Union feel that the terms or conditions of this Agreement have
been violated, either shall be entitled to grieve such action in
accordance with the provisions set forth in Article 8 (GRIEVANCE
PROCEDURE) of the Agreement.
ARTICLE NO. 4
UNION ACTIVITY
4.1 UNION BUSINESS: An employee who requests time off for Union
activities, in addition to regular time off, shall be granted such
request if such time off will not inconvenience the operations of the
Company or increase its operating expenses; provided further, that
such employee shall receive no compensation from the Company for such
time off.
UNION XXXXXXX BUSINESS: The Union xxxxxxx shall, upon request to the
supervisor, be allowed reasonable time during regular working hours,
without loss of pay, to attend to Union matters on the job, provided
such time is not used for solicitation of membership or collection of
dues, and does not interfere with regular work schedules.
4.2 BULLETIN BOARDS: The Company agrees to permit the Union to use
reasonable space for the purpose of posting officially signed Union
bulletins upon the bulletin boards and/or electronic mail, which are
furnished by the Company.
4.3 CONTRACTING WORK: REFER TO ALL TABS
ARTICLE NO. 5
STATUS OF EMPLOYEES
5.1 EMPLOYEE STATUS DESIGNATION: REFER TO TABS
5.2 APPLICATION REFERRAL: The Company recognizes the Union as a valuable
source for employment referrals, due to the mutual interest in the
profitability of the Company. As such, when additional employees are
needed to do work which comes under this Agreement, the Company will
indicate its requirements, relative to knowledge, skills, and
abilities, and will give the Union an equal opportunity to refer
applicants for employment. The Company retains the right to evaluate
each candidate and make the final hiring decision.
5.3 TEMPORARY LAYOFF PROVISIONS: In recognition of the competitive nature
of the utility business, innovative solutions are required when
unforeseen challenges present themselves. Accordingly, there may be
operational circumstances that would permit the temporary layoff of
employees for short-term periods of time, out of line of seniority,
on a voluntary basis. These provisions are detailed in Exhibit IV
(TEMPORARY LAYOFF PROVISIONS) of this Agreement.
5.4 LAYOFF PROVISIONS:
DEFINITION OF QUALIFIED: For purposes of defining "qualified", as
used in this Article, the definition shall be that an employee is
qualified to perform any position, in either Collective Bargaining
Agreement, which the employee has
previously occupied at the Company or any position that is an equal
or lower classification.
NOTIFICATION: If it becomes necessary for the Company to layoff
regular employees due to lack of work, the Company shall give
affected employees as much notice as possible; but in no event shall
employees receive less than twenty-one (21) calendar days notice of
layoff. Where temporary, part-time and probationary employees are
involved, no notice of layoff is required.
SENIORITY: Layoff in all cases due to lack of work will be determined
by Company seniority within the classification affected by the
layoff. If two (2) or more employees have the same Company seniority
date, the following process will be used for breaking the tie:
Alphabetically by Hired Last Name ... if last names are the same,
then First Name ...if last name and first name are the same, Middle
Name; if last name, first name and middle name are the same, month,
day of birth, and year will be used. Employees who are to be laid-off
will be permitted to displace a less senior person in any
classification for which they are qualified.
RETURN TO BARGAINING UNIT: A member of the bargaining unit being
transferred to a non-represented position shall retain Company
seniority for all purposes including layoff, if the employee is
returned to the bargaining unit within one (1) year of the initial
transfer. Employees who leave employment for any reason and return to
the bargaining unit within 12 months or less will have their time
bridged for seniority, vacation, sick leave, and benefits. There will
be no probationary period.
FOUR (4) YEAR QUALIFIER: Any MPAT employee of the Company who accepts
a position in the bargaining unit will establish a new date of
seniority for the purpose of future layoffs, except as defined above.
This date will reflect the day in which these employees accept such a
position and will be effective for four (4) years. If there is a
reduction in classifications in the bargaining unit, these employees
will use the above-mentioned date as their seniority date for the
purpose of this reduction or layoff. After four (4) years of service
in the bargaining unit, any employee impacted by this language, will
be credited with all Company seniority for the purposes of reduction
in classification or layoff.
RECALL: In the event of a recall, the Company shall provide
notification to affected employees by certified mail to their address
of record. Such employees must keep the Company informed of the
address where they can be reached. Recalled employees must report to
work no later than fourteen (14) calendar days from the date the
certified letter was mailed. Employees who do not report to work
within fourteen (14) days from the date the letter was mailed will be
considered a voluntary quit. Employees will only be considered for
recall to the classification from which they were laid-off, unless
they make a written application within fourteen (14) calendar days
from the date of notification of
layoff, to human resources, for any other position for which they are
qualified. Applications that do not meet this time frame will only be
considered after all timely applications have been honored. Employees
must submit a written notice to human resources to rescind their
application for consideration for previously held positions prior to
formal notification of return to work. Any employee who refuses a
recall to any requested position will be considered a voluntary quit
and will waive all recall rights to any other position. Employees who
have displaced a less senior person in any classification shall be
given an offer to return to their former jobs if the vacancy is in
their former classification. Recall rights shall cease on any layoff
in excess of twelve (12) months.
TEMPORARY RECALL: In the event of a temporary recall, in accordance
with Article 4.3 (Contracting Work), an employee may decline such
temporary recall without waiving their rights for recall to a regular
position, provided the temporary assignment is for less than ninety
(90) days. If an employee accepts a temporary assignment, all benefits
will be reinstated upon return to work and they will have recall
rights for one(1) year from the date of any subsequent layoff. This
right does not expire until the employee has returned to work or
refused an offer to return to work. Any subsequent layoff will not
create a liability for an additional severance benefit in accordance
with this Article.
EMPLOYMENT STATUS: Any regular employee who is laid-off due to lack of
work has a right to replace any part-time or temporary employee within
(5) working days after notification of layoff, provided the regular
employee is qualified to perform the duties of the position filled by
the temporary employee. If a regular employee is laid-off because of
lack of work and is subsequently offered and accepts the first recall
for employment within one (1) year after layoff, the employee shall
resume the status of regular employee and shall be credited with
Company seniority previously accrued. Employees who are recalled in a
classification previously held, or for one in which they are
qualified, will not be required to serve another probationary period
and will be eligible for benefits immediately. However, employees who
leave the service of the Company due to voluntary severance in
accordance with this Article, or layoff and who are re-hired after one
(1) year from the date of layoff or severance shall not be credited
with Company seniority at the time of re-employment and shall be
required to serve a new probationary period. Upon completion of five
(5) years of subsequent service, an adjusted date of hire will be
calculated crediting actual time worked with the Company. This date
will be used for the purposes of Company seniority and all related
benefits.
5.5 SEVERANCE:
BARGAINING UNIT SEVERANCE PAY PLAN: Severance Provision is for
employees laid off due to lack of work. For the duration of the
severance benefit period, employees will receive medical/dental/vision
benefits based on whatever plan they were enrolled in at the time of
layoff provided that they make any required premium contributions.
# Of weeks for each full year of continuous service (Max. 17 years) +
Minimum # of weeks of severance One (1) = Maximum # of weeks of
severance Eighteen (18)
ENHANCED SEVERANCE & RETIREMENT BRIDGE PROGRAM: Employees are
eligible for "enhanced severance & retirement bridge program" options
if they are determined to be no longer required due to displacement
as a result of sale, divestiture, merger, bankruptcy or any other
business event as defined by the Company. Affected employee is
defined as an employee in a specific classification and location.
Employees who qualify for 85 point early retirement provision will be
eligible for severance pay, if they choose to retire in lieu of
exercising their "bumping rights".
NOTIFICATION OF INDIVIDUALS: Company will notify Union and
employees affected by the event as soon as possible.
PLACEMENT: The Company and the Union will work to place affected
employees in available positions for which they are qualified.
Volunteers will be requested and selected by Company seniority. If
there are no volunteers, reverse seniority will be used to select
employees for the enhanced severance and retirement bridge program.
Employees may be offered a comparable position, defined as the same
headquarters location and wage (i.e. comparable or higher wage if
qualified) The Employee will have 5 (five) working days to notify the
Company of their decision. If the employee accepts the position, it
will be awarded to them at the appropriate wage rate. If the Employee
refuses the position, the Employee will be terminated with no
severance. Any severance payment will be paid during the next regular
pay period following the date of layoff.
Employees may be offered a non-comparable position (defined as
requiring relocation of greater than a 35 mile radius and/or a wage
reduction): The Employee will have five (5) working days to notify
the Company of his/her decision to accept the offer at the
appropriate wage rate.
If the Employee accepts and is awarded the position, he/she will be
eligible for re-training, if required, and up to $2000 relocation
expense. If the Employee declines, he/she will be eligible for:
ENHANCED SEVERANCE DEFINED AS:
- Two (2) weeks of base pay for each year of service, with a
maximum of 52 weeks.
- A lump sum payment of $4,500 for training or outplacement
services.
- Six (6) months of Company paid COBRA
OR
RETIREMENT BRIDGE OPTIONS:
An affected Employee who has achieved eighty (80) points in
combination of age and credited service at the time they are affected
will not have to reach the minimum age 55 requirement for retirement
or post retirement medical. The employee's retirement benefit will be
reduced by 5% per year for each year under age 62
EXAMPLE:
An employee who is age 49 with 31 years of service (for a
total of 80 points) at the time they are affected would be
eligible to "retire" and receive post retirement medical.
An affected employee may add the following schedule of points to
either their age or years of service or a combination thereof to
affect their retirement eligibility. The employee must achieve a
minimum age of 55 (including points) with at least ten (10) years of
service to be eligible to retire and receive post retirement medical.
Years of Service Points
0-9 0
10-14 3
15-19 4
20+ 5
EXAMPLE:
An employee who is age 52 with 28 years of service at
the time they are affected can add 3 points to their age and
effectively become age 55 and 2 points to their years of
service, which gives them 85 points. This qualifies them for
an unreduced full retirement at the time they retire.
Employees can select only one option - either Severance or Retirement
Bridge. Employees who are eligible to retire without using the
Retirement Bridge Program are still eligible for severance pay. If
employee declines Enhanced Severance and Retirement Bridge Program
options, they will be eligible for consideration under Article 5.4
"bumping rights".
The severance calculation will apply with one (1) week per year with a
minimum of one (1) week severance, i.e. a one-year employee would
receive two (2) weeks of severance pay. Rehire rights will be limited
to one (1) year. The Company will provide a list of affected employees
and listings of job openings as they occur. The Union will be
responsible for monitoring the program. When an employee exercises
Article 5.4 "bumping rights", the affected employee (bumped employee)
will start at the "placement" step of the enhanced severance and
retirement bridge program.
See EXHIBIT A ARTICLE No. 5.5 Severance Flow Chart
5.6 AFFILIATE COMPANY: It shall not be deemed a severance for the purposes
of this Article if an employee is transferred to an affiliate of the
Employer, which is bound to this Agreement provided that the Collective
Bargaining Agreement covers the Employee's new position, and is the
same as the position held before the transfer.
EXHIBIT A
ARTICLE NO. 5.5
SEVERANCE FLOW CHART
[CHART]
ARTICLE NO. 6
WORKING HOURS AND RATES OF PAY
ALTERNATIVE SHIFTS:
It is understood that with a thirty (30) day notice the Company or the Union may
notify each other and discontinue use of alternative shifts.
(REFER TO TABS)
ARTICLE NO. 7
SENIORITY AND PROMOTIONS
7.1 SENIORITY: There shall be one (1) type of seniority, namely, Company
seniority. Company seniority shall be considered in such matters as
retirement, lay off, and whenever provisions of this Agreement refer
to seniority. In cases, where two (2) or more employees have the same
Company seniority date, the following process will be used for
breaking the tie: Alphabetically by hired last name ... if last names
are the same, then first name ... if last name and first name are the
same, middle name; if last name, first name and middle name are the
same, month, date of birth, and year will be used.
7.2 SENIORITY POSTINGS: The Company shall post a Company seniority list
on bulletin boards every six (6) months and shall mail a copy of this
list to the
Union when the list is posted and after any corrections are made.
Any seniority corrections should be made in writing to Human
Resources.
7.3 STAFFING VACANCIES:
POSTING REQUIREMENT: When there are no qualified employees who have
requested an intra-departmental work location change into job
vacancies, which are expected to last for more than ninety (90) days,
the Company shall post such job vacancies or new jobs on bulletin
boards and electronic mail for a period of fourteen (14) calendar
days. It shall be the duty of the Company to set forth in said
bulletins the nature of the job, its location and duties, reasonable
qualifications required and the rate of pay, unless such information
is listed in the collective bargaining Agreement. At the same time,
the Company will furnish the Union a copy of this bulletin. Employees
may file their applications in the Human Resources department by
Company mail or by U.S. mail. However, the Company may not consider
any application received after the job bid closing date. All job
vacancies must be awarded within twenty-one (21) calendar days of the
job bid closing date. If the award is not made within twenty-one (21)
calendar days, and is not delayed due to vacations or bid hearings,
the successful employee will be paid the new rate for the period from
the twenty-one (21) days to the date of the award. This does not
apply to the time frame of up to three (3) weeks after the award for
the purpose of transitioning responsibilities.
JOB POSTING SYSTEM: The Company shall publish job posting and
awarding procedures, which, at a minimum, comply with the provisions
of this Agreement. These procedures will constitute the Company's job
posting system. Any bargaining unit employee covered by the
Collective Bargaining Agreement may apply and compete equally for any
position within the Company. Employees are disqualified from bidding
if they have a letter of discipline, which is less than one (1) year
old in their Human Resources personnel file.
SELECTION CRITERIA: Exclusive of the provisions of Articles 7.9
(INTRA-DEPARTMENTAL WORK LOCATION CHANGE), in filling vacancies the
following factors shall be considered:
- Trade Knowledge
- Training
- Past performance with the Company
- Ability, skill, adaptability, efficiency
- In addition, the Company retains the right to administer
equally fair tests, demonstrations, or physical assessments
when such tests will assist materially in determining the
qualifications of employees.
When, in the discretion of the Company, all factors are substantially
equal, Company seniority shall govern.
INTERVIEW: If an interview is scheduled, then the Company will
contact the Union Business Manager or Assistant Business Manager at
least three (3) days prior to any scheduled interviews. The Union
Business Manager or designated representative will observe as a
neutral.
HEARING PROCEDURES: In lieu of any grievance procedure concerning
Article 7.3 (STAFFING VACANCIES), the Company shall offer the three
(3) most senior bidders (if applicable) and the employee with the
second highest matrix score (if applicable) who are more senior than
the successful bidder a hearing before the bid committee with the
xxxxxxx for the department, the senior person or persons and one (1)
other Union member. If the number of senior bidders exceeds the
parameters mentioned above, a group meeting will be conducted with
the remaining senior bidders to explain the decision and answer any
relevant questions. The Company shall not assume any penalty for bid
hearings that are delayed.
NO QUALIFIED BIDDERS: If no applications are received from any
qualified bargaining unit employees within the posting period, before
filling the position from outside of the bargaining unit, the Company
shall follow the provisions described in the Transfer Policy.
7.4 TEMPORARY APPOINTMENTS: Wherever a vacancy occurs in any job
classification, the Company may, at its discretion, temporarily fill
such vacancy. If practical, any such temporary appointment shall be
given to an employee who would be eligible under the provisions of
this Agreement, however this will not conflict with Clerical Article
5.1 (Employee Status Designation).
7.5 MOVING EXPENSES: Should the Company assign an employee, who has not
volunteered, for reassignment, to an established Company headquarters
located more than thirty (30) driving miles by the most reasonable
route from his regularly established Company headquarters, and such
assignment is not temporary in nature, the Company will pay the
employee $2000 for moving expenses, for the purpose of establishing a
new primary residence, within a two (2) month period immediately
following such assignment. In addition, the Company shall pay the
actual costs to relocate a mobile home, which is the employee's
primary residence.
7.6 SUBDEPARTMENTS: REFER TO TABS
7.7 TIME IN CLASSIFICATION PAY: When employees are awarded bids in a
different sub- department from which they are working, their rate of
pay for the awarded job shall be the rate established for the
classification as listed in the appropriate Agreement. If an employee
has previously occupied the position, the employee shall be given
credit for time spent in that position for the purposes of
establishing the new rate. Where the awarded job has more than one
rate, such rates being based on time spent in classification,
employees
shall be assigned the starting rate for the new classification unless
such rate will result in a lesser rate than their former
classification. If assigning the starting rate to employees awarded
the job would result in a lesser rate than their last rate, employees
shall be granted one (1) year of credit or the amount of their
Company seniority, which ever is less, as time spent in the new
classification for the purpose of establishing their new rate of pay.
7.8 TRIAL PERIOD: Employees promoted or transferred in accordance with
this Article shall be employed on the job to which they were promoted
or transferred for a reasonable trial period not to exceed six (6)
months. If, following the trial period, they are still unable to
perform the job to which they are promoted or transferred, they shall
be returned to the former job classification they held or to their
former or another job classification of similar requirements and the
previous rate of pay, as determined by the Company. Employees who are
returned to another classification in accordance with this Article
shall not be permitted to bid on another position for six (6) months
from the time they are returned. Employees who voluntarily return to
their former job classification within ninety (90) days shall be
returned to their former job classification or another job
classification of similar requirements, as determined by the Company,
and at their previous rate of pay. If a vacancy does not exist at the
time that the employee volunteers to return, he/she will be returned
to their former job classification or another job classification of
similar requirements when a vacancy exists.
EXAMPLE:
An FSR is awarded an apprentice position. Before 90 days,
he decides that he no longer wants to be an apprentice.
He is then returned to an FSR position (or similar
position) at his previous rate of pay.
EXAMPLE:
an FSR is awarded an apprentice position. After 90 days but before 6 months,
he decides that he no longer wants to be an apprentice; he is then
returned to an AFR position at the AFR rate of pay.
7.9 INTRA-DEPARTMENTAL WORK LOCATION CHANGES: REFER TO TABS
ARTICLE NO. 8
GRIEVANCE PROCEDURE
8.1 DEFINITION: A grievance shall be defined as a dispute regarding the
interpretation and application of the provisions of this Agreement
filed by the Union or by an employee covered by this Agreement
alleging a violation of the terms and provisions of this Agreement.
However, disputes specifically excluded in other Articles of this
Agreement from the Grievance Procedure shall not be construed as
within the definition set forth above.
8.2 TIME LIMITATIONS: The Company and the Union recognize the mutual
gains process as an effective tool in resolving differences in the
work place. Once timely notification of a grievance has been given,
the Union and Company may mutually agree to extend the time
limitations to ensure that interests are clearly defined, witnesses
and all persons involved receive proper notification and are able to
attend, evidence is accurate, and remedies are thoroughly explored
before moving to the next step. However, it is in the interest of
both the Company and the Union to expedite the process and encourage
the timely resolution of the issue in order to satisfy established
time constraints.
The Union and Company, by mutual Agreement, may elect to bypass
certain steps, due to the nature of the grievance.
Except by mutual Agreement to extend the time limitations, an
arbitrator shall not have the authority to excuse a failure by the
Union, the Company or the aggrieved employee to comply with the time
limitations set forth, regardless of the reason given for such
failure.
8.3 GRIEVANCE PROCESS:
NOTIFICATION: When a dispute arises relative to the administration of
the provisions of this Agreement, the employee and/or Union Xxxxxxx
must complete a mutual gains issue form and submit it to the
appropriate supervisor for signature no later than thirty (30)
calendar days after the grievance first arises. The time period shall
start from the first day the Company can show that the Union or an
employee affected by the Company's action knew or should have known
of the situation.
It is in the best interest of both parties to keep the same Xxxxxxx
involved from start to finish. The Company will make a reasonable
effort to use the same Xxxxxxx throughout the process. The time
limitations may be extended to accommodate this provision.
At each step in the process, the Union shall officially sign off on
the mutual gains issue and grievance forms, verifying that their
interests have been satisfied or to pursue resolution at the next
step.
STEP ONE (MUTUAL GAINS MEETING - SUPERVISOR): The supervisor shall
schedule a meeting with the grievant and xxxxxxx within seven (7)
calendar days of receipt of the mutual gains issue form. The grievant
and the supervisor will define interests and work on resolving the
issue in a manner satisfying those interests. If the issue is not
resolved at step one (1), the mutual gains issue form may be referred
by the Union to the next level of supervision within three (3)
calendar days of the step one (1) meeting.
STEP TWO (MUTUAL GAINS MEETING - LEVEL II SUPERVISION): The next
level of supervision shall schedule a meeting with the grievant,
xxxxxxx, and
supervisor within seven (7) calendar days of receipt of the mutual
gains issue form. The grievant and supervision will define interests
further and work on resolving the issue at this level. If they are
unable to satisfy interests, the Union may request a formal hearing
within three (3) calendar days of the step two (2) meeting.
STEP THREE (MUTUAL GAINS HEARING):
The level II supervisor shall schedule a hearing with the grievant,
xxxxxxx, supervisor, and official Union and Human Resources
representatives (HR Partner and Senior Labor Relations Consultant)
within seven (7) calendar days of receipt of the mutual gains issue
form. Witnesses will be designated to testify and related evidence
shall be submitted. Those in attendance shall discuss possible
remedies, which will be implemented upon final approval by the
official Union and Labor Relations representatives. This joint
decision shall be final and binding on all parties. If, at the
conclusion of step three (3), the two (2) parties are unable to
resolve the issue, the grievance shall be reduced to writing on the
grievance report form, citing the Article and/or section of this
Agreement which has been allegedly violated, and the Company shall
sign, date, and acknowledge receipt of such grievance.
STEP FOUR (UNION/COMPANY MEETING):
The Union Business Manager and Director of Human Resources shall
schedule a meeting within ten (10) calendar days of receipt of the
grievance report form. The department supervisor and/or manager, and
the grievant and/or Union xxxxxxx and Union and Human Resources
representatives who were present at step three (Mutual Gains Hearing)
may be present at the request of either party. The Company and Union
shall review the information provided, conduct further investigation
if necessary, and shall render a joint decision which shall be final
and binding on all parties. If the grievance is not settled at step
four (4), the Company will communicate its position in writing within
five (5) calendar days of the step four (4) meeting. This written
notification will be sent via certified mail.
STEP FIVE (ARBITRATION): Within fifteen (15) calendar days of receipt
of management's position, the Union may request arbitration by
delivering a written notice to the Labor Relations office of its
intent to arbitrate the dispute. If the Union does not respond within
fifteen (15) calendar days, the issues involved in the grievance will
be considered resolved and the matter closed.
Within five (5) working days after receipt of the notice of intent to
arbitrate, the parties will request the Federal Mediation and
Conciliation Service to furnish a list of five (5) arbitrators from
the southwest region of the United States from which the arbitrator
shall be selected. Such selection shall be accomplished by the Union
and the Company striking one (1) name from the list in turn until
only one (1) name remains.
In recognition of the magnitude of such decisions, arbitration
relative to termination grievances shall be expedited whenever
possible. Unless mutually agreed to extend the time limitations in
writing, these grievances should be arbitrated within six (6) months
of the termination date.
The arbitrator's decision shall be submitted in writing and shall be
final and binding on all parties to this Agreement. Nothing contained
in this contract or any part thereof shall affect or apply to the
Union in action it may take against the Company for failure to comply
with any legally enforceable decision reached through arbitration.
The cost of the arbitrator and the cost of necessary expenses
required to pay for facilities and recording of the hearing of cases,
shall be borne equally by the Company and the Union. The arbitrator
shall not have the authority to modify, amend, alter, add to, or
subtract from any provision of this Agreement.
ARTICLE NO. 9
SAFETY
9.1 MUTUAL INTERESTS: The Company and the Union share a mutual interest
in fostering safe working conditions for all employees. The Company
and the Union will endeavor to create programs, procedures and
policies which will define Nevada Power Company and IBEW Local No.
396 as leaders in providing and promoting a safe workplace. The
Company shall make reasonable provisions for the safety of employees
in the performance of their work. The Union shall cooperate in
promoting the realization of the responsibility of the individual
employee with regard to the prevention of accidents.
9.2 SAFETY COMMITTEE: Each department shall have their own Safety
Sub-committee, and at least one (1) representative from each
departmental Safety Sub-committee shall serve on the Company's Safety
Committee. The selection of the Company's Safety Committee members
shall be made jointly by the Chairman of the Committee and the
Business Manager of the Union. The Chairman of this Committee shall
be selected by the Company. Each year thirty three and one third
percent (33-1/3%) of the Committee members shall be replaced in
accordance with the selection provision.
9.3 REPORTING DEFICIENCIES: Each member of the Safety Committee shall be
expected to actively participate in identifying and reporting to the
area safety representative any deficiency or unsafe condition
discovered in the assigned work area. Recommendations to improve the
operational safety shall be made to the manager, safety services, and
to the department supervisor. A copy shall also be presented to the
Chairman at the next Safety Committee meeting.
9.4 SAFETY MEETINGS: The Chairman shall hold Safety meetings at
reasonable intervals subject to call.
9.5 SEMI-ANNUAL INSPECTIONS: Every six (6) months the Safety Committee
Chairman shall appoint at least three (3) members to perform an
inspection of the Company facilities. If required, these inspections
may occur more often at particular facilities. The Committee Chairman
may request additional employees who work at the site to assist in
the inspection. The Company will allow the appointees reasonable
time, as determined by the Chairman, to perform this inspection. They
will prepare a written report, including recommendations for
corrective actions and forward it to the Committee Chairman and
Company President.
9.6 RULE VIOLATIONS: In the event employees violate safety rules
published by the Company, the Company reserves the right to
administer appropriate disciplinary action.
9.7 SAFETY INVESTIGATIONS: When a lost time disabling injury occurs as a
result of a suspected careless act or unsafe working condition, a
safety investigating committee shall be chaired by Safety Services to
review the facts and reconcile safety deficiencies and recommend
corrective action. A safety committee member designated by the Union
and assigned to the work area in which the injury occurred, shall
serve on the investigating committee.
9.8 INCLEMENT WEATHER: Employees who report for work on a scheduled work
day and who, because of inclement weather or other similar cause, are
unable to work in the field that day, shall receive pay for the full
day. However, they may be held pending emergency calls and may be
given first-aid, safety or other instruction, or they may be required
to perform miscellaneous work in the yard, warehouse, or other
sheltered locations. Through labor/management meetings, and in
conjunction with safety services, each department shall establish
policies, which clarify safe work procedures during inclement
weather. Employees shall receive pay for time worked or time held on
Company property or two (2) hours, which ever is greater.
9.9 RAIN GEAR: Employees who are required to work in the field will be
assigned appropriate rain gear, which will be maintained by the
employees and replaced by the Company when such gear is worn out in
the course of employment and returned to the Company by the employee.
9.10 ENERGIZED PANELS: Employees who are assigned to work in the field
will not be required to work on exposed and energized metering panels
during rainy weather but may be assigned related duties as necessary.
9.11 HEALTH AND SAFETY: The parties hereto agree to cooperate in using all
reasonable means to eliminate conditions of danger to either the
general public,
the Company or its employees. No employee shall knowingly engage in
an unsafe act. Whenever it becomes necessary to employ day shift
employees assigned to the Company's business offices, where security
personnel are assigned, outside the normal work hours, and such work
is during the hours of darkness, all arrivals and departures from
Company owned parking facilities shall be observed and controlled by
security personnel. Parking facilities shall, when possible, be
adjacent to the Company's business offices. The Company agrees to
furnish such safety devices and equipment including first aid kits,
as may be reasonable and necessary for the health and safety of its
employees, and the Union agrees, on behalf of the employees, that
such equipment will be used.
9.12 ALCOHOL AND DRUG ABUSE: An employee who seeks professional treatment
to correct a problem of excessive use or dependence on an alcohol or
other controlled substances will be placed on medical leave of
absence for such treatment. Available unused sick leave may be used
while under professional treatment. Arrangements for treatment must
be made with the Employee Assistance Program (EAP) Provider and the
Company and such treatments will be kept as confidential as possible.
Employees who receive such treatment will be expected to observe all
conditions and attend all meetings which are required as part of the
total rehabilitation program. Evidence of abstinence may be required
as a follow-up and negative findings may result in termination.
ARTICLE NO. 10
HOLIDAYS
10.1 ELIGIBLE EMPLOYEES: Regular employees and probationary employees, who
are eligible for benefits, shall be entitled to holidays off with
pay. Employees on leaves of absence or disability leave are not
entitled to holiday pay, except if the employee begins leave or
returns from leave during the week of a holiday.
10.2 WORKED HOLIDAYS: Shift employees may be permitted to take holidays
off which fall on their scheduled workdays. Employees scheduled to
work on a holiday shall be paid at the rate of time and one-half
(1-1/2) for time worked during regular working hours in addition to
holiday pay. Employees who are called out to work on a holiday shall
be paid at the rate of double time for time worked in addition to
holiday pay. Time worked in excess of the regular workday will be
paid at the appropriate overtime premium. Except for shift employees,
holidays shall not be considered scheduled workdays.
10.3 COMPANY HOLIDAYS: When a holiday falls on a Saturday, the preceding
Friday shall be observed, and when a holiday falls on a Sunday the
following Monday shall be observed. Whenever an employee's regular
days off are other than Saturday and Sunday, the first day off within
the workweek shall be
considered as Saturday and the second day off within the workweek
shall be considered as Sunday for the purpose of this Article. A
rotating shift employee working on a schedule which provides four (4)
consecutive days off shall observe the day prior to the four (4) days
if the holiday falls on the first of the four (4) days, and shall
observe the day following the four (4) days if the holiday falls on
any of the other three (3) days for the purpose of this Article.
10.4 FLOATING BIRTHDAY/HOLIDAY: An employee may observe the floating
holiday on any workday of the year with mutual Agreement by the
employee and supervisor. Or, with seven, (7) calendar day's notice,
an employee shall observe the floating holiday on any workday, which
falls in the same calendar week as the employee's birthday. For the
purpose of this Article, the calendar week begins Sunday and ends
Saturday. Should an employee be called in or required to work on a
previously approved " holiday," the employee shall be paid the
applicable overtime rate, except if both the employee and supervisor
mutually agree to change the observance of the holiday. Employees who
request to use their floating holiday for the purpose of recognizing
a religious observance, will be accommodated whenever possible. Any
difficulties in this regard should be forwarded to Human Resources.
-------------------------------------------------------------------------------
HOLIDAYS 2002 2003 2004
-------------------------------------------------------------------------------
New Years Day Jan 1 Jan 1 Jan 1
-------------------------------------------------------------------------------
Xxxxxx X Xxxx Day Jan 21 Jan 20 Jan 19
-------------------------------------------------------------------------------
Presidents Day Feb 18 Feb 17 Feb 16
-------------------------------------------------------------------------------
Memorial Day May 27 May 26 May 31
-------------------------------------------------------------------------------
Independence Day July 4 July 4 July 5
-------------------------------------------------------------------------------
Labor Day Sept 2 Sept 1 Sept 6
-------------------------------------------------------------------------------
Veterans Day Nov 11 Nov 11 Nov 11
-------------------------------------------------------------------------------
Thanksgiving Day Nov 28 Nov 27 Nov 25
-------------------------------------------------------------------------------
Thanksgiving Friday Nov 29 Nov 28 Nov 26
-------------------------------------------------------------------------------
Christmas Eve Day Dec 24 Dec 24 Dec 23
-------------------------------------------------------------------------------
Christmas Day Dec 25 Dec 25 Dec 24
-------------------------------------------------------------------------------
Floating Birthday\Holiday See Article 10.4
-------------------------------------------------------------------------------
10.5 BANKED HOLIDAYS: If eligible employees are required to work on any
day observed as a holiday and are authorized to work for the straight
time hourly rate of pay, then an equal number of hours will be
allocated to their banked holiday account. With written consent of
the Company, employees may carry over up to sixteen (16) hours of
banked holidays to the next year.
10.6 PART-TIME, TEMPORARY AND BENEFIT INELIGIBLE EMPLOYEES: Part-time,
temporary, and probationary employees will not receive pay for
holidays not worked but shall be paid the appropriate overtime
premium for all time worked on holidays.
10.7 SICK LEAVE IN CONJUNCTION WITH A HOLIDAY: An employee who does not
report for work either the day before and/or the day after a paid
holiday, and who has not been excused by his or her supervisor for
either the day before and/or the day after a paid holiday shall
receive no pay for the holiday. The Company may require satisfactory
evidence of an employee's illness or injury before holiday pay will
be granted. If the Company requires medical evidence, the Company
must inform the employee of the requirement to provide evidence no
later than two (2) hours after the employee's regular starting time
on the day of the absence. If required and the employee does not
comply with this request, the employee will not be paid for the
holiday or the day of absence, and may be subject to disciplinary
action.
10.8 ALTERNATIVE SCHEDULES: As a result of the implementation of
alternative work schedules, any issues associated with the provisions
of Article 10 (Holidays) will be resolved by Memorandum of
Understanding between the Company and the Union.
ARTICLE NO. 11
VACATIONS
11.1 CONSIDERATIONS: Vacation with pay may be granted at any time during
the calendar year in which it is earned, subject to the following
considerations.
- Desirability of scheduling in such a manner as will cause a
minimum of interference with service to the Company's
customers, and;
- The selection of all vacation periods based on the employee's
Company seniority, provided the selection is made no later
than March 31st.
11.2 FIRST TWO (2) CALENDAR YEARS OF EMPLOYMENT: Probationary and regular
employees shall earn vacation during the first two (2) calendar years
of their employment according to the month in which they are hired.
Probationary and regular employees may request and be granted
vacation anytime during this period.
MONTH HIRED VACATION HOURS
----------- --------------
January....................................................80 hours
February...................................................77 hours
March......................................................73 hours
April......................................................70 hours
May........................................................67 hours
June.......................................................63 hours
July.......................................................60 hours
August.....................................................57 hours
September..................................................53 hours
October....................................................50 hours
November...................................................47 hours
December...................................................43 hours
EXAMPLE:
If an employee is hired March 2002, the employee is granted 73
hours vacation to be used by December 31, 2003. New employees may
carry their 73 hours vacation over in this scenario. In January
2004, the second year of employment, the employee will be granted
80 hours vacation to be used by December 31, 2004.
11.3 ACCRUED VACATION: Regular employees will be granted vacations, with
straight time pay, according to the following schedule:
AFTER CONTINUOUS SERVICE OF VACATION HOURS
--------------------------- --------------
2 years through 5 years..................................80 hours
6 years through 12 years................................120 hours
13 years through 20 years...............................160 hours
21 years through 30 years...............................200 hours
31 years and above......................................240 hours
11.4 VACATION ADJUSTMENTS: An employee's vacation accrual shall be
adjusted for all periods of leave of absence including leaves for
illness or injury as defined elsewhere in this Agreement by reducing
the number of vacation hours accrued in direct proportion to the
number of hours of leave within the employee's anniversary year. Such
reductions shall be applied to any accrued and unused vacation
available in the calendar year the adjustment is made, or when such
adjustment exceeds the employee's available vacation, the excess
shall be applied against the employee's next vacation accrual or the
employee's final paycheck, whichever occurs first. It is understood
that no adjustment to vacation accrual will be made for sick leave or
during the first sixty (60) calendar days of any disability leave.
11.5 VACATION BONUS: In addition to the vacation accrued in accordance
with the above schedule, (ARTICLE 11.3) any employee who completes
ten (10) years continuous service and each five (5) years of
continuous service thereafter, shall be granted a vacation bonus of
forty (40) hours in the year such term of employment is attained. The
vacation bonus will accrue, and may be taken subject to the
provisions of this Article.
11.6 UNUSED VACATION: All unused or carried over vacation time accumulated
in the year of termination of employment after an employee's first
anniversary date, up to and including the employee's last day worked,
shall be paid at termination of employment, at the employee's current
base rate. This does not apply to the vacation bonus when the
employee has not completed the minimum service specified.
EXAMPLE:
An employee terminates employment in June, the employee will only
receive vacation pay for six months of that year; i.e. the
employees' vacation allotment is 120 hours a year at time of
termination he will be eligible for 60 hours of pay provided he
hasn't used any vacation.
It is understood that employees may not carry vacation time over to
the following year without the written consent of the Company. This
does not apply to Article 11.2 (Vacation First Two (2) Calendar Years
of Employment).
A regular employee who has been laid off for lack of work and is
recalled within one (1) year, who has in excess of one (1) year
Company seniority, shall accrue vacation in accordance with Article
11.4 (VACATION ADJUSTMENTS).
11.7 DEPARTMENTAL POLICIES: Each department will develop standards and
procedures for scheduling vacations, which, at a minimum comply with
Article 11.1 (CONSIDERATIONS).
11.8 HOLIDAY WHILE ON VACATION: If a holiday occurs on a workday during an
employee's vacation, it shall not be counted as hours of vacation.
The employee shall receive straight time pay for the holiday.
11.9 HOSPITALIZED WHILE ON VACATION: Employees on vacation who become
hospitalized for at least one day, shall not be required to use
vacation time during the period of incapacitation. Employees who are
capable of completing any light duty must choose to remain on
vacation or report for light duty.
11.10 CALL-OUT WHILE ON VACATION: An employee shall not be expected to work
on his regularly scheduled days off immediately preceding or
following pre-scheduled vacation. However, if an employee is called
out and accepts such an assignment on the regularly scheduled days
off immediately preceding or following pre-scheduled vacation, the
employee shall receive the appropriate overtime rate for this work.
An employee called out during scheduled vacation will be paid double
time for all hours worked and the employee may reschedule the unused
portion of his vacation hours in accordance with Article 11.1
(CONSIDERATIONS) above, if the call-out was for work during the
employee's normal work hours. Additionally, if the call-out creates
rest time, the employee may reschedule vacation equal to the rest
time earned from this assignment.
ARTICLE NO. 12
SICK LEAVE / DISABILITY
INTRODUCTION
The Union agrees to share the responsibility in protecting the sick leave plan
from abuses by any of its members, recognizing that the plan is intended to
provide pay
coverage under situations of actual need.
MEDICAL ATTENTION
Sick leave may be used for obtaining medical information or treatment including
exams or treatments for care of the eyes or teeth of eligible employees. Such
absences should be approved in advance where possible and limited to the time
necessary for treatment or examination or recovery.
12.1 ELIGIBILITY: A regular employee with more than 1040 hours shall be
entitled to accumulate sick leave with pay at the rate of eight (8)
hours of sick leave for each month worked.
12.2 NOTIFICATION AND VALIDATION: The Company may require satisfactory
evidence of an employee's illness or disability before sick leave
will be granted. If an employee abuses the sick leave provisions of
this Agreement by misrepresentation or falsification, the employee
shall restore to the Company all sick leave payments received as a
result of such abuse. An employee must notify their supervisor or a
member of management, or see that their supervisor is notified, as
soon as it is apparent that the employee will be unable to report for
work. The employee must provide this notification before the
beginning of the normal workday. The employee should notify the
supervisor as far in advance as possible of the expected date of
return. Lack of notification without a reasonable explanation will
result in denial of sick pay benefits.
12.3 EXCLUSIONS AND EXCEPTIONS. Employees shall not be entitled to sick
leave while on vacations (except as provided in Article 11.9
[HOSPITALIZED WHILE ON VACATION]), while temporarily laid off by the
Company, during the period of notice of severance of employment, upon
severance of employment, or while receiving disability payments or
industrial compensation.
12.4 SICK LEAVE BONUS: Employees who are eligible for sick leave in
accordance with Article 12.1 (ELIGIBILITY), who use no more than two
hundred twenty (220) hours of sick leave each five (5) years, shall
be granted a bonus of five (5) days vacation in addition to that
granted under the provisions of Article 11.3 (ACCRUED VACATION), each
five (5) years based on the following considerations:
- On January 1, 1987, and January 1, of each fifth year
thereafter, the sick leave records of those employees with
hire dates prior to August 1, 1981, will be audited. Those
employees who have used no more than two hundred twenty (220)
hours of sick leave during the five (5) year period
immediately preceding the audit will be granted five (5) days
vacation to be taken within the twelve (12) month period
immediately following the audit date and in accordance with
the provisions of Article 11 (VACATIONS).
- For employees hired after July 31, 1981, their sick leave
records will be audited as of the first day following the
completion of five (5) years and six (6) months of service and
each fifth (5th) year following the initial audit. Those
employees who have used no more than two hundred twenty (220)
hours of sick leave during the five (5) year period
immediately preceding the audit will be granted five (5) days
vacation to be taken within the next twelve (12) month period
immediately following the audit in accordance with Article 11
(VACATIONS).
- All unused vacation accumulated under the provisions of this
sick leave bonus plan shall be paid at termination of
employment as provided under Article 11.6 (UNUSED VACATION)
except that no pro rata of vacation entitlements will be
allowed for time periods of less than five (5) years.
12.5 LIGHT DUTY: Injured employees who are temporarily unable to perform
the functions of their own jobs but are capable of performing light
duty work shall be released for light duty assignments either within
their own department or another area of the Company where work is
available. In the interest of effective case management, the Human
Resources department shall administer the light duty work program.
Employees working in light duty assignments shall be eligible for a
percentage of their base pay according to the following schedule:
- 100% of base pay for the first 90 calendar days
- 85% of base pay thereafter
- The employee must have a light duty work release from a doctor.
The employee may be allowed to work overtime if it is a
continuation of their shift. Employees on light duty will not be
eligible for callouts or scheduled overtime. Any employee who
returns to work for regular duty must have a full duty release
from a doctor. Employees will be eligible for a full light duty
benefit after they have worked thirty, (30) calendar days from
the time of that release. If an employee returned to regular duty
status works for less than thirty, (30) days and is then returned
to light duty status for the same injury or illness, the employee
will then continue with the original time period.
Employees, who are injured on the job and are unable to perform
their regular duties indefinitely due to partial disability, may be
subject to the provisions outlined in Article 12.7 (JOB INCURRED
INJURY/PARTIALLY DISABLED EMPLOYEES).
12.6 JOB INCURRED INJURY/SALARY PROTECTION: Any employee who suffers a
job incurred injury during the term of this Agreement and who is
awarded temporary total compensation benefits as defined in the
Nevada
Industrial Insurance Act shall receive supplemental disability
payments in such amounts and under such conditions as described
below:
- The combined amount of disability compensation to which the
employee is entitled under any federal, state, and local law, and
from the Company shall not exceed the percent of the employee's
weekly earnings, from the table listed below, where such earnings
are computed at the employee's regular rate for a forty (40)
hour, seven (7) day period.
- Supplemental payments shall be made for the first day recognized
by the Workers' Compensation Administration, and shall terminate
with the date of the last day of disability recognized by the
Workers' Compensation Administration, as evidenced by the
remittance portion of the disability check from the Workers'
Compensation Administration, which must be presented to the
Company, for a maximum period of benefits as defined in the
following schedule of benefits, for any one accident regardless
of the various periods of disability which may be compensated for
the one accident.
MAXIMUM PERCENT OF
LENGTH PERIOD BASE
OF SERVICE OF BENEFITS EARNINGS
---------- ----------- --------
6 months 13 weeks 55
5 years 26 weeks 60
10 years 52 weeks 65
15 years 60 weeks 70
20 years 65 weeks 75
- For a job-incurred disability of less than five (5) days, which
does not qualify for Workers' Compensation Administration
compensation, employees must use any accrued sick leave, and upon
exhaustion of such accrued sick leave shall receive disability
benefits as defined above. Any medical absence of five (5) days
or more due to a work related injury or illness will be paid by
the Workers' Compensation Benefit; employees will not use accrued
sick leave.
- No supplemental disability payments shall be made for any
disabling accident caused by the injured employee's violation of
any safety rule.
- Any employee who performs activities for which compensation is
received or which exceed the scope of the prescribed physical
limitation pertaining to such disability while receiving
disability compensation described in this section, shall forfeit
his entitlement to all disability benefits and his employment
shall be terminated.
12.7 JOB INCURRED INJURY/PARTIALLY DISABLED EMPLOYEES: When, in the
opinion of the Company's doctor after consultation with the employees'
doctor, regular employees with at least one (1) year of Company service
cannot perform their regular work because of partial disability, but
can perform other work, the following plan shall be applicable:
Each case shall be considered on its merits by a committee consisting
of the Business Manager of the Union and a Human Resources
Representative, and two (2) additional members, one (1) of whom shall
be designated by the Union and the other by the Company. The committee
shall have the authority to waive the seniority and bidding provisions
of this Agreement in order to place the disabled employee, and it shall
determine the seniority rights of such employee. This committee may
call on anyone who may be able to furnish pertinent information.
In no event will this Article apply if the employee's disability occurs
while self-employed or working for others, for remuneration (except on
Union business), or is involved in misconduct or an extreme violation
of Company safety rules.
The panel shall complete an evaluation of the type of work the employee
is able to perform or may be able to perform in the future. Evaluation
of the employee's capabilities may include but shall not be limited to
a physical examination and doctor's reports, the employee's physical
and mental ability, willingness to work, and trainability.
Depending upon the evaluation of the employee and where necessary and
practical, the Company shall provide job related education and
training. The panel shall also conduct periodic review of these cases
to determine if an employee's condition has changed; if the employee's
condition has changed, the panel will reevaluate the employee's job
assignment.
The panel will determine the job classification which is appropriate
for the work the employee is able to perform, as well as the proper pay
rate, taking into account the new classification pay rate or the rate
indicated on the following schedule, whichever is greater.
YEARS OF COMPANY SERVICE A PAY RATE THAT IS NOT LESS THAN
1 to 4 years inclusive 70% base rate when injured
5 to 14 years inclusive 80% base rate when injured
15 to 24 years inclusive 85% base rate when injured
25 years and over 90% base rate when injured
As long as such employee is paid more than the maximum rate for the job
classification in which the employee is placed, the employee shall
receive only fifty (50) percent of any base wage increase or lump sum
payment in lieu of a base wage increase. Such fifty (50) percent shall
be calculated on the employee's personal rate at the time of the
increase.
The placing of a disabled employee in a different job shall not
constitute an increase in the Company's normal work force. However, the
Company may
temporarily increase the number of authorized positions to accommodate
an individual when a future vacancy is clearly defined and
recognizable. If the committee is unable to place an individual in
accordance with these provisions they would be eligible for vocational
rehabilitation training, and benefits through the Workers Compensation
Insurance. Upon this determination, the individual's employment with
the Company will be terminated, and any accrued benefits will be paid
at the time of termination.
The parties agree that the provisions of this Article may be suspended
with sixty (60) days written notice, documenting the reasons for this
request and the interests, which would need to be addressed for the
continuance of this program.
INJURIES RELATIVE TO DOG BITES
The Company and Union discussed meter-reading injuries relative to dog
bites. The Company and Union agreed to communicate and reinforce, with
a representative from the Call Center and Commercial Offices, the
importance of their initial contact with the customer in annotating
relevant information regarding animals. The Company will endeavor to
locate and provide a list of local attorneys who might be interested in
representing employees negatively impacted by dog bites.
12.8 SHORT TERM DISABILITY BENEFIT: A regular employee, who has worked more
than one thousand forty (1040) straight time hours who shall suffer any
disabling illness or injury while not in work status, shall be entitled
to disability payments in such amounts and under such conditions as
described herein:
- An eligible employee shall be entitled to receive payments not to
exceed the percent of the employee's weekly straight time
earnings, such earnings to be computed on the employee's regular
rate for a forty (40) hour, seven (7) day period, for a maximum
period of benefits at the percent of earnings as defined in the
following schedule of benefits.
MAXIMUM PERCENT OF
LENGTH PERIOD BASE
OF SERVICE OF BENEFITS EARNINGS
---------- ----------- --------
6 months* 13 weeks 55
5 years 26 weeks 60
10 years 52 weeks 65
15 years 60 weeks 70
20 years 65 weeks 75
* Employees in this category may be granted up to thirteen (13)
additional weeks of leave without pay for continued disability.
- No disability payments for an illness shall be made until at
least a three (3) days waiting period has been observed, however,
an employee must use
accrued sick leave to satisfy the waiting period or to extend the
waiting period to the maximum of the amount of accrued sick
leave.
- Any female employee who becomes pregnant and is unable to work
shall be entitled to disability benefits under this Article, as
described above, subject to the following conditions. She must
present a document from her attending physician saying that she
is under the doctor's care because of the pregnancy and is unable
to work. The period of the disability shall begin at least three
(3) days after the attending physician declares the employee
disabled and shall end when the employee is no longer disabled as
determined by the attending physician. Pregnant employees must
use all accumulated sick leave before disability payments will
start. A female employee will not be eligible for pregnancy
related disability benefits except for her own disability. An
employee who is on maternity leave and recovering from disability
may request to have her leave extended for up to three (3) months
after termination of pregnancy for child care or other reasons.
- Any employee who performs activities for which compensation is
received or which exceed the scope of the prescribed physical
limitation pertaining to such disability while receiving
disability compensation described in this section, shall forfeit
their entitlement to all disability benefits and their employment
shall be terminated.
- Any employee who returns to work in a light-duty status from
short-term disability will not create a new benefit eligibility
until they have had a full-duty release and worked for thirty
(30) calendar days from the time of that release. If an employee
returns to short-term disability without satisfying this
requirement, their short-term disability benefit will reflect
their prior usage and continue until expiration of such benefits.
- Any employee, who is unable to perform the duties of their
position as a result of a non-job-incurred injury, would be
considered for any vacancy for which they are qualified. If
awarded a position in accordance with Article 7 (SENIORITY AND
PROMOTIONS), the employee would receive the appropriate rate of
pay for that position.
- Any employee that exhausts their short-term disability benefit
and is unable to return to work at that time, may request one
unpaid leave of absence for up to ninety (90) days to allow time
for further recuperation or possible vacancies for which they are
qualified. Such employees will be allowed to continue their
medical coverage at the appropriate COBRA rate for this period of
time. If this individual is unable to return to work at the
expiration of this unpaid leave, their employment with the
Company will be terminated and all accrued benefits will be paid
at the time of termination.
12.9 RE-OPENER: The Company and Union may reopen the issue of salary
protection relative to sick leave and address common interests at a
future date. The request to discuss these issues will be made in
accordance with the provisions of Article 17 (TERM OF AGREEMENT).
ARTICLE NO. 13
EMPLOYEE BENEFIT PROGRAMS
This Article is amended and restated as of February 1, 2002. Attachments and
Letters of Understanding relating to Benefits, formerly residing in the back of
the contract, have been incorporated into this Article. For previous language,
refer to the prior Contract.
13.1 MEDICAL / DENTAL / VISION
The "Nevada Power Company Self-funded Medical Benefit Plan" also know
as the "NPC Union Plan" shall be incorporated, by reference, into the
Agreement for purposes of establishing the levels of benefits for
Medical, Dental, and Vision. Changes negotiated in 2002 will become
effective July 1, 2002, unless otherwise stated.
The Letters of Agreement dated July 12, 2000, regarding Benefits Open
Enrollment, Survivor Medical Benefits, and Union PPO Plan
Pre-Authorization will be incorporated into the CBA.
The Company agrees to maintain all of these benefits for eligible
employees and will provide medical expense, vision expense, and dental
expense coverage for eligible dependents for the life of this
Agreement. The Company reserves the right to select any insurance
carrier or to self-insure all or any portion of these benefits.
ELIGIBILITY. Eligible employees must have satisfied the requirements
satisfied in Article 5 (STATUS OF EMPLOYEES) of this Agreement.
Eligible dependents are dependents of eligible employees who meet the
"definition of dependent" as contained in the Nevada Power Company
Self-Funded Medical Benefit Plan referenced above. Effective July 1,
2002, definition of dependent excludes former spouses.
OPTIONS. The Company will permit employees to select between the
following health care plan options:
1. NPC Union Plan, the Self-insured Preferred Provider
Organization (PPO) (Administered and governed by the Company
and its vendors)
2. Fully-insured PPO (Administered and governed by the
respective insurance carrier)
3. Health Maintenance Organization (HMO) (Administered and
governed by the respective insurance carrier)
4. No coverage, contingent upon proof of other insurance.
OPEN ENROLLMENT. Elections of medical plan options will be made in the
fall of each year during an open enrollment period. The election
remains in effect for the entire Plan Year, unless the employee incurs
a "Qualifying Life Event" as defined by the Internal Revenue Code
Section 125, Cafeteria Plan. If an
employee fails to enroll, coverage will default to previous year's
coverage for himself and dependents. A special open enrollment period
will be held in May/June, 2002, to allow mid-year changes prior to
July 1st effective date of new plan provisions and premium
contributions.
EMPLOYEE CONTRIBUTIONS. The rates for the NPC Union Plan, will be
actuarially determined each Plan Year, based on previous claims
experience. The rates for the fully insured PPO and the HMO will be as
quoted by the respective insurance carriers. Payroll deduction will be
on a pre-tax basis, and taken the first and second pay periods of each
month. Employee contributions are defined below.
a) Effective July 1, 2002, and for Plan Year 2003 cost sharing
for all options will be 85% Company and 15% Employee, with a
20% cap on the increase to employee contributions from 2002
to 2003. Effective July 1, 2002, Tier II premiums schedules
will be removed.
b) Effective January 1, 2004, the cost sharing for all options
will be 80% Company and 20% Employee, with a 20% cap on the
increase to employee contributions from 2004 to 2005 and
thereafter.
PREFERRED PROVIDER ORGANIZATION. Under the, NPC Union Plan, when a
Preferred Provider is available within a 60-mile radius of the
employee's (or the dependent seeking care) residence, and there is more
than one (1) Preferred Provider available to perform the services, the
employee will be subject to the PPO provisions and Non-PPO penalties.
COVERAGE OUTSIDE THE PLAN AREA. Under the NPC Union Plan, participants
located in an area sixty (60) miles or more from a Preferred Provider
will be reimbursed for services of a Non-PPO Provider at the Preferred
Provider scale and will be subject to the usual, customary, and
reasonable (UCR) charges for the area in which the service is received.
CO-INSURANCE. Effective July 1, 2002, under the NPC Union Plan,
co-insurance is 80% Company / 20% Employee for care and services
rendered by a Preferred Provider and 60% Company / 40% Employee for
care and services rendered by Non-PPO Providers.
MENTAL HEALTH BENEFIT. Pre-authorization required.
Mental health outpatient care:
- 100% after $20 co-pay
- 60% after deductible for Non-PPO provider
- Limited to fifty (50) visits per year
Mental health inpatient care:
- 80% after deductible for PPO provider
- 60% after deductible for Non-PPO provider
- Limited to thirty (30) days per year
DENTAL BENEFIT. The Company will provide a dental care benefit,
including a dental PPO and an orthodontic benefit for all eligible
employees and dependents. Coverage includes the following:
a) Annual benefit is $2,000 per person
b) Annual deductible is $25 per person/$75 family
c) Preventive care is covered at 100% with no deductible if a
PPO provider is used and 100% after $25 deductible if a
Non-PPO provider is used.
d) After deductible, the following dental treatments are
covered at:
- 80% for Basic Periodontics / Prosthetics and Oral
Surgery
- 50% after deductible for Major Restoration
- Orthodontia is covered at 100% after deductible up to a
separate lifetime maximum of $2,000
- All percentages are subject to usual, customary, and
reasonable (UCR) charges
VISION BENEFIT. A vision care program will continue to be available for
eligible employees and eligible dependents. This plan covers
professional services; examinations every twelve (12) months based on
your last date of service; lenses every twelve (12) months based on
your last date of service, frames once every twenty-four (24) months
based on your last date of service. Examinations will have a
twenty-five ($25) dollar co-pay for a PPO Provider and a maximum of
forty dollars ($40) paid for a Non-PPO Provider. The vision care
program also provides one pair of prescription safety glasses to
employees whose job duties require eye protection in accordance with
the Company's established safety standards, once every twelve (12)
months based on your last date of service, if needed.
PRESCRIPTION DRUG BENEFIT. The Company will provide all eligible
employees and eligible dependents a prescription drug service that
allows participants to obtain prescription drugs through preferred
pharmaceutical outlets. Effective July 1, 2002, the following co-pays
apply:
* RETAIL
1. Generic ("Tier 1") = $5 co-pay for 30-day supply
2. Brand Name ("Tier 2") = $15 co-pay for 30-day supply
3. Non-Preferred ("Tier 3") = $35 co-pay for 30-day supply
* MAIL ORDER - AVAILABLE FOR "MAINTENANCE" (LIFE-SUSTAINING) DRUGS
ONLY
1. Generic ("Tier 1") = $10 co-pay for 90-day supply
2. Brand Name ("Tier 2") = $30 co-pay for 90-day supply
3. Non-Preferred ("Tier 3") = $70 co-pay for 90-day supply
If there is no generic substitute, the brand name co-pay applies. If
the doctor indicates ("dispense as written") and a generic substitute
is available the brand name co-pay applies. If the employee and /or
dependent choose a brand name and there is a generic available, they
will pay the brand name co-pay plus the difference in cost between the
generic and brand name prescription.
13.2 DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT (DCFSA)
The Company will provide a Dependent Care Flexible Spending Account
(DCFSA) that allows pre-tax funding of dependent care and child care
expenses. Eligibility will be the same as health care, six (6) months
for full-time and 1,040 hours for part-time. Effective July 1, 2002,
temporary employees are no longer eligible for this benefit. Payroll
deduction will be taken the first and second pay periods of each month.
13.3 HEALTH CARE FLEXIBLE SPENDING ACCOUNT (HCFSA)
Effective January 1, 2003, the Company will offer a Health Care
Flexible Spending Account (HCFSA) that allows pre-tax funding of
qualified health care expenses for employees and dependents.
Eligibility will be the same as health care, six (6) months for a
full-time employee and 1,040 hours for a part-time employee. Temporary
employees are not eligible. Payroll deduction will be taken the first
and second pay periods of each month.
13.4 RETIREMENT
The Sierra Pacific Resources Retirement Plan, restated on January 1,
2000, is a defined benefit pension plan bearing No. 01. The Plan,
including amendment No. 1 dated November 29th, 2001, and amendments
generated by 2002 negotiations, shall be incorporated by reference into
this Agreement. The Company has, since January 1, 1976, been paying the
entire cost of the retirement plan. All participants in the retirement
plan, which was in effect before January 1, 1976, have and are
guaranteed all accrued benefits under that retirement plan as computed
on December 31, 1975. Effective April 1, 2002, unless noted otherwise,
the following provisions shall apply:
ELIGIBILITY. Employees become a Plan participant after they reach age
twenty-one (21) and earn a year of eligibility service. A year of
eligibility service is earned by being credited with at least 1,000
hours of service during a twelve-month period measured from the
employee's date of hire or in any subsequent calendar year. Contingent
Workers are not eligible to participate in the Plan. If a temporary
employee is subsequently hired as a regular employee, the temporary
time will be counted towards Eligibility, Vesting, and Benefit Accrual
Service.
BENEFIT ACCRUAL SERVICE. Benefit Accrual Service includes all
pre-participation service, including the first year of eligibility
service and all service prior to age twenty-one (21).
VESTING. Vesting Service recognizes service prior to age eighteen (18)
and has changed from five (5) years of service with at least 1,000
hours worked in each year, to five (5) years of service with at least
one hour worked in each year.
RETIREMENT FORMULA. The formula is (Final Average Earnings x 1.5% x
Benefit Accrual Service).
85-POINT PROVISION. Unreduced retirement benefits are available to
employees who meet the eligibility criteria and terminate: at age
sixty-five (65); at age sixty-two (62) with at least five (5) years of
Vesting Service; or upon reaching age fifty-five (55) with a total of
eighty-five (85) points when age and Benefit Accrual Service are added
together.
EARLY RETIREMENT FACTORS. Early retirement benefits for participants
that elect to start their benefits prior to reaching age sixty-two
(62), will be reduced by five percent (5%) per year. This five percent
(5%) reduction shall be adjusted for the participant's exact age at
early retirement. Employees that are eligible for the 85 Point
Provision will not be subject to any reductions in post retirement
medical or pension benefit.
DEFINITION OF EARNINGS. Effective January 1, 2000, "Earnings" shall be
defined as base salary, Company observed and floating holiday pay, sick
leave, vacation, short-term disability earnings, shift premiums,
upgrade pay, overtime, annual incentive pay, plus any deferrals to
401(k) or 125 (Flexible Spending Account/Pre-tax Medical) plans.
Earnings shall specifically exclude retention bonuses, severance pay,
moving expenses, pay advances, service awards, meal
allowances/reimbursements, certification awards, education
reimbursements, cash-outs of sick leave and personal time pay,
ineligible holiday pay, Union negotiations pay, imputed life insurance,
tax gross-ups, unpaid family and medical leave, unpaid personal leave,
banked compensation time, and customer service prizes. Eligible
Earnings actually paid to the participant prior to termination of
employment will be used to determine Final Average Earnings (FAE).
FINAL AVERAGE EARNINGS. Final average earnings (FAE) are the highest 60
consecutive calendar months (5 years) during the last 120 months (10
years) of employment. If an employee can show proof of prior earnings
resulting in a higher FAE [60 consecutive calendar months (5 years)],
the Company will recognize those earnings
ANNUITY OPTIONS. Single Life Annuity (SLA) and Joint & Survivor Annuity
Options are available. Joint & Survivor Annuity Options are 50%, 75%,
and 100%. The "automatic" benefit for married participants, in the
absence of an election, is the 50% Joint and Survivor annuity. This
option is to be decided by participant at time of retirement with a
five-year "pop-up" provision.
LEVEL INCOME OPTION. A Level Income Option was added to provide a level
amount of retirement income when Retirement and Social Security
benefits are combined. This option is available to employees who are
under age sixty-two (62) and elect a Single Life Annuity.
LUMP SUM LIMIT. The Lump sum limit is $50,000.
DISABILITY BENEFITS. Pension benefits for participants who incur a
disability, as defined in the Plan, after ten (10) years of Benefit
Accrual Service and who have at least sixty (60) points when age and
Benefit Accrual Service are added together shall continue to accrue
Benefit Accrual Service while eligible to receive disability benefits
under either the Social Security Act or the Company's Long Term
Disability Plan. Participants may elect to commence benefits as early
as age fifty-five (55), but Benefit Accrual Service will stop accruing
after the benefits have commenced and an early retirement factor will
apply to benefits commenced prior to reaching age sixty-two (62).
ACCRUED SICK LEAVE. All sick leave accrued at the time of termination
will be added to years of Benefit Accrual Service for vested
participants.
VACATION EARNINGS ADJUSTMENT. Final Average Earnings (FAE) will not be
adjusted to include accrued vacation at the time of termination.
HARDSHIP WITHDRAWALS. Effective January 1, 2000, hardship withdrawals
are not permitted.
RETIREE LIFE INSURANCE. Effective January 1, 2000, employees who retire
on or after attaining age fifty-five (55) with at least ten (10) years
of service are eligible for Retiree Life Insurance. Post-Retirement
Death Benefit was removed from the Retirement Plan, effective January
1, 2000, and replaced by an insured $10,000 retiree death benefit. This
effectively increased the value of the benefit since Life Insurance is
not taxable to the beneficiary, while the previous benefit was taxable
income.
13.5 POST RETIREMENT MEDICAL
Employees who retire on or after age fifty-five (55) with at least ten
(10) years of service are eligible for Post-Retirement Medical
benefits.
Effective April 1, 2002 the post-retirement medical calculation for the
employer contribution is as follows:
a) For employees who retire from the Company prior to reaching
age sixty-five (65), the Company will contribute $240 per
year of service (maximum of 35 years). If an employee
retires prior to reaching age sixty-two (62) and has not
obtained 85 points as outlined in the Retirement Plan, the
$240 is reduced by 5% for each year under age sixty-two
(62). Upon reaching age sixty-five (65), the $240 is reduced
to $120 per year of service (35-year maximum).
b) For employees who retire from the Company on or after
reaching age sixty-five (65), the Company will contribute
$120 per year of service (35-year maximum).
Effective January 1, 2003, the Company will reinstate a PPO option that
costs less than the self-funded plan for retirees. This option may be
the current "Sierra Select Plan" or other plan as selected by the
Company.
13.6 401(K)
The "SPR 401(k) Plan", Local 396 Schedule of Benefits, shall be
incorporated, by reference, into the Agreement for purposes of
establishing the level of benefits for 401(k). Changes negotiated in
2002 will become effective July 1, 2002, unless otherwise stated.
ELIGIBILITY. All regular full-time and part-time employees are eligible
on the 1st of the month following their date of hire. Temporary
employees may join the plan after completing one year of service and
having worked at least 1,000 hours in that year.
VESTING. There is no vesting period. Company match is 100% vested upon
receipt.
MATCHING CONTRIBUTIONS. The matching contribution is 100% of the
employee's contribution, to a maximum of 6% of eligible income. 25% of
Company contributions will be invested in Sierra Pacific Resources
Company stock. There is no "hold" requirement on SRP stock. Funds may
be diversified upon receipt.
EMPLOYEES DEFERRAL CONTRIBUTIONS. Effective on July 1, 2002, employees'
deferral limit will increase from 15% to 100%, with a maximum of
$40,000, subject to IRS limitations.
"CATCH-UP" CONTRIBUTIONS. Effective July 1, 2002, eligible employees
who have attained at least age fifty (50) on or before the close of
each Plan Year, shall be eligible to make pre-tax catch-up
contributions in accordance with, and subject to the limitations of,
IRS Code Section 414(v). These contributions are not subject to Company
matching contributions. In 2002, the "catch-up" amount is $1,000 and
increases by $1,000 increments until 2006.
LOAN PROVISION. Loans may be taken against 401(k) account balances,
minimum $1,000, maximum $50,000 (or 50% of total account balance,
whichever is less). General-purpose loans are required to be paid back
within five (5) years. Loans for the purchase of a primary residence
are required to be paid back within ten (10) years.
13.7 LIFE INSURANCE
BASIC LIFE. The greater of $46,000 or 1.4 times your base pay (maximum
$1,000,000). Benefits from this policy shall be in addition to any
other insurance plan. Eligibility is the same as health care, six (6)
months for full-time and 1,040 hours for part-time.
BASIC ACCIDENTAL DEATH & DISMEMBERMENT (AD&D). The greater of $46,000
or 1.4 times your base pay (maximum $1,000,000) paid in the event of
death resulting from an "accident" as defined by the respective
insurance carrier. Benefits from this policy shall be in addition to
any other insurance plan. Eligibility is the same as health care, six
(6) months for full-time and 1,040 hours for part-time.
BUSINESS TRAVEL ACCIDENT. All employees covered by this Agreement will
be covered by an accidental death and dismemberment policy in the
amount of $50,000. This policy shall apply only when an employee is
traveling on Company business outside their regularly assigned work
location. Benefits from this policy shall be in addition to any other
insurance plan. Eligibility is the same as health care, six (6) months
for full-time and 1,040 hours for part-time.
SUPPLEMENTAL LIFE. The Company will provide a supplemental life
insurance program that allows employees desiring such coverage to
purchase supplemental life insurance for themselves at group rates. The
employees will pay for supplemental life insurance premiums through
payroll deduction. The Company will pay all administrative expenses,
exclusive of carrier expense normally absorbed in the rates. Benefits
from this policy shall be in addition to any other insurance plan.
Payroll deduction will be taken the first and second pay period of each
month. Eligibility is the same as health care, six (6) months and
full-time employment status.
13.8 LONG TERM DISABILITY
ELIGIBILITY. Employees may purchase Long Term Disability (LTD) coverage
on a voluntary basis through payroll deduction. Eligibility will be the
1st of month following date of hire. Temporary employees are not
eligible for this benefit. Payroll deduction will be taken on a
post-tax basis the first and second pay periods of each month.
COVERAGE. Coverage is the lesser of 60% of monthly base earnings
rounded to the nearest dollar or the maximum disability benefit
($10,000 a month), less other income benefits as named in the summary
description.
13.9 SHORT TERM INCENTIVE PLAN "STIP"
Each contract year there will be up to a 4% Short Term Incentive Pay
(STIP) bonus potential. The STIP will be paid upon achievement of
corporate and business unit goals as defined by the Company. The
corporate and business unit goals will be identical for all employees,
including MPAT, and will change each year. If the corporate financial
target is not achieved in a contract year, the STIP will not be funded.
The financial target is the trigger. Extraordinary events affecting
performance of a goal may be considered by the CEO in determining the
size and existence of the award.
ELIGIBILITY
- Must be employed on the last day of the fiscal year
- Regular Full-Time or Part-Time Employees
- Temporary Employees are not eligible
- Employees must complete a six (6) month (and/or 1040 hours)
probationary period by the last day of the year-end payroll
period.
CALCULATION
- STIP will be calculated using the employee's hourly rate as
of the end of the payroll year; multiplied by the actual
regular/straight time hours worked, not to exceed 2080
hours. Once earned, annual award will be paid on or before
April 15th for the prior years performance.
(Straight time hours x base hourly wage) x Achievement Percentage.
Achievement Percentage = STIP Opportunity of 4% x Performance Results
PRORATION
The Company will prorate the STIP for the following reasons:
- Employee retires
- Deceased
- Company initiated severance
The Company will also prorate the STIP if an employee transfers from
one bargaining unit to another (i.e. from IBEW 396 to IBEW 1245, or
visa versa), or from a MPAT position to a bargaining unit position or
visa versa.
ARTICLE NO. 14
LEAVES OF ABSENCE
14.1 SHORT TERM LEAVES: Provided the needs of the Company will permit,
time off without pay for any period of thirty (30) calendar days or
less may be granted employees upon a written application to their
department head showing good and sufficient reason for such request.
This shall not be construed as a leave of absence without pay, as the
term is used in this Agreement. A leave of absence without pay is
defined as a period of authorized absence from service in excess of
thirty (30) days.
14.2 JUSTIFICATION: Leaves of absence shall be granted to regular
employees for urgent substantial personal reasons, provided adequate
arrangements could be made to take care of the employee's duties
without undue interference with the normal routine of work. Leave
will not be granted if the purpose for which it is requested may lead
to the employee's resignation.
14.3 DURATION: A leave shall commence on and include the first work day on
which an employee is absent and terminate with and include the work
day preceding the day the employee's leave expires. The conditions
under which an employee shall be restored to employment on the
termination of his leave of absence shall be clearly stated by the
Company on the application for leave form.
14.4 SENIORITY: Except as otherwise provided herein, an employee's
seniority shall not accrue while on leave without pay. However, an
employee's status as a regular employee shall not be impaired by a
leave of absence. Any period of authorized absence without pay for
thirty (30) days or less shall not affect an employee's seniority
status. Upon return from leave, an employee shall return to regular
status.
14.5 UNION OFFICE: The Company shall, at the request of the Union, grant a
leave of absence without pay for four (4) years or less to an
employee who is appointed or elected to any office or position in the
Union whose services are required by the Union. The seniority of an
employee who is granted a leave of absence under the provisions of
this Section shall accrue during the period of such leave. Upon
mutual Agreement with the Union, the Company may extend the leave of
the incumbent for additional terms up to four (4) years per request.
The Company will provide medical coverage for this individual at the
single coverage rate. This individual must make the established
monthly employee contribution for health coverage.
14.6 PUBLIC OFFICE: Employees elected or appointed to public office shall
be granted a leave of absence for the duration of such appointment or
election. Such absence shall not affect accrual rates for seniority
purposes; however, sick leave and vacation shall not accrue during
this period and group medical benefits shall be paid by the employee
at the Company's current premium rate.
14.7 MILITARY LEAVE: A leave of absence shall be granted to employees who
enter the armed forces of the United States, however, any such leave
of absence and the reinstatement of any such employee shall be
subject to the terms of the Selective Training and Service Act of
1940, as amended. Employees who are members of the armed services who
are drafted and are called to active duty shall accrue Company
seniority while they are absent on military duty.
A regular employee, or a temporary employee who has worked more than
one thousand forty (1040) straight time hours, who is a member of the
armed forces reserve units, or the National Guard, and who is
required to attend annual training sessions, will be granted a leave
of absence for the duration of such assignment. In addition, the
Company will pay such employee the amount, if any, by which the
remuneration received from the government is less than the base
straight time earnings the employee would have received for the same
period, not to exceed eighty (80) hours in a calendar year. Such
items as subsistence, travel, uniform and other allowances will not
be included in computing the remuneration received from the
government. The Company will require satisfactory evidence of
attendance and remuneration received.
14.8 FAILURE TO RETURN FROM LEAVE: If employees fail to return immediately
on the expiration of their leave of absence, or if they accept other
employment while on leave, they shall forfeit the leave of absence
and terminate their employment with the Company.
14.9 FUNERAL LEAVE: A regular employee, who has worked more than one
thousand forty (1040) straight time hours, who is absent from duty
due to a death in the employee's immediate family will be excused
without loss of regular pay for the time required not to exceed forty
(40) hours for making funeral arrangements and attending the funeral,
provided the employee attends the funeral, furnishes a death
certificate to the payroll department within thirty (30) days.
Additional time may be taken to insure four working days off; any
hours in excess of forty (40) hours can be taken as vacation or
personal time off without pay. Immediate family shall mean the
employee's grandparents, mother, father, stepmother, stepfather,
brother, sister, spouse's grandparents, spouse's parents, spouse's
children, spouse, son, daughter, or grandchildren.
14.10 JURY DUTY: When regular employees, or temporary employees who have
worked more than one thousand forty (1040) straight time hours, are
absent from work in order to serve as a juror or to report to the
court in person in response to a jury duty summons or to report for
jury examination, they shall be granted pay for those hours spent in
such service during their regular work day or regular work week.
Employees shall furnish the Company with a statement from an officer
of the court setting forth the time and days on which they reported
for jury duty and their compensation due or received for jury duty.
14.11 SUBPOENA: If employees are absent from work, in order to serve as a
witness in a case in a court of law to which they are not a party,
either directly or as a member of a class action suit, and where such
absence is in response to a legally valid subpoena or its equivalent,
the employee shall be granted leave with pay for those hours for
which the employee is absent from work during the employee's
regularly scheduled working hours, provided the employee submits
evidence of such service as a witness, detailing the time required to
testify.
14.12 FAMILY LEAVE: Employees who are eligible for benefits but have less
than one year of service with the Company are entitled to forty-five
(45) calendar days of unpaid family leave to use for the birth or
adoption of a child. Vacation pay may be used for a portion of this
leave of absence but will not extend the leave to more than
forty-five (45) days.
14.13 FAMILY AND MEDICAL LEAVE: Employees who are eligible for benefits and
have one year or more of Company service may be entitled to twelve
(12) weeks of unpaid leave in accordance with the Federal Family and
Medical Leave Act (FMLA)of 1993.
ARTICLE NO. 15
GENERAL PROVISIONS
15.1 SUPERVISORY RESPONSIBILITIES IN EMERGENCY CONDITIONS: It is the
intention of the Company that supervisors shall generally confine
their activities to the supervision of the work or operations being
performed. In certain instances, should emergency conditions arise,
it may be necessary for them to perform those tasks normally assigned
to bargaining unit employees. Under ordinary circumstances, such
instances will very rarely occur, but since the safety of personnel
or Company property may be in jeopardy, it must remain management's
prerogative to determine when conditions require the actions
described above. In the same manner it is the intention of management
that the "chain of command" be adhered to, by both supervisors and
bargaining unit employees. However, in the case of emergencies, there
will be occasions when it may be necessary for a senior supervisor to
bypass normal chain of command in order to prevent difficulties.
Common sense and good judgment must be exercised in applying these
paragraphs.
15.2 NEW CLASSIFICATIONS/WAGES: Any new rate covering work normally
performed by employees within the bargaining unit shall first be
discussed with the Union and the rate established for such work shall
be that mutually agreeable to both parties. When advances in
technology or other changes that materially affect job duties and
responsibilities, the Union and the Company will agree to revise job
descriptions as needed.
15.3 REMOVING LETTERS OF DISCIPLINE: Any employee who receives a written
letter of reprimand which is a part of the personnel file maintained
in the Company's Human Resources office, may, after three (3) years
from the date of such letter, request in writing to have the letter
removed. Upon such written request, the Company shall remove the
letter and return it to the employee. If the behavior that warranted
the letter has changed or been corrected, the employee's current
supervisor can remove the letter from the employee's personnel file
by documenting this change in behavior and providing written
authorization to human resources.
15.4 FACILITIES: The Company will provide on its premises clean, sanitary
and reasonably comfortable rest and wash rooms, including first aid
cots for female employees, together with a proper place for storing
lunches carried by
employees, and reasonably safeguarding employee's out-of-door
clothing and necessary personal effects on the Company's property
during the time employees are on duty. The Union agrees to cooperate
with the Company in the maintenance of these facilities.
15.5 FAMILY ISSUES: The Company and the Union recognize that work/family
issues will continue to be at the forefront of workplace activities.
As such, the Company and the Union have agreed to address the issues
of job sharing, telecommuting and other alternative work schedules or
programs which allow both the Company and employee maximum
flexibility without jeopardizing customer service. These issues will
be addressed through labor/management meetings and may be initiated
on a case-by-case basis.
15.6 LABOR/MANAGEMENT MEETINGS: The Company and the Union agree to hold
periodic meetings to discuss matters, which are covered by the
Agreement. These meetings will be held on Company premises during
work hours and shall be held as needed, but not less than every sixty
(60) days. The number of employee attendees who are covered by the
Agreement shall be limited to the stewards and other employees
reporting to the Company premises designated as the site of a
particular meeting. Both the Company and Union recognize the value in
formally convening to discuss issues that affect departmental
policies, procedures, and collective bargaining provisions. The
Company and Union agreed to continue holding departmental
labor/management meetings as a forum to clarify; address interests,
and problem-solve solutions that mutually benefit all employees. The
Company recognizes the value of participation and input from all its
employees and the Union's facilitation of this process is critical to
our mutual success.
15.7 INCENTIVE PROGRAMS: The Company and the Union agree to discuss all
incentive programs which are an addition to base wages.
ARTICLE NO. 16
WORKING RULES
REFER TO TABS
ARTICLE NO. 17
TERM OF AGREEMENT
17.1 DURATION: This Agreement shall take effect on February 1, 2002, and
shall continue in effect for the term February 1, 2002 to February 1,
2005, and shall continue in full force and effect from year to year
thereafter unless written
notice of termination shall be given by either party to the other at
least sixty (60) days prior to the end of the then current term.
17.2 AMENDMENTS: If either party desires to amend this Agreement, it shall
give notice thereof to the other party at least sixty (60) days but
not more than seventy (70) days, prior to the end of the then current
term, and the party desiring to amend or revise this Agreement shall
submit to the party so notified a detailed outline of the Articles
and Sections to be amended or revised at the time the notice is
given, except and unless otherwise mutually agreed to by the parties
during this period of notice defined herein. Negotiations on the
amendments or revisions shall take place, so far as possible, in the
sixty (60) day period prior to the end of the then current term.
Failure of the parties to agree on such proposed amendment or
revision shall not cause termination of this Agreement unless either
party has given notice of termination as provided in Article 17.1
above.
17.3 PROVISIONS IN CONFLICT WITH THE LAW: In the event that any provision
of this Agreement shall at any time be made invalid by applicable
legislation, or be declared invalid by any court of competent
jurisdiction, such action shall not invalidate the entire Agreement,
it being the express intention of the parties that all other
provisions not made invalid shall remain in full force and effect.
17.4 CHANGE IN COMPANY STATUS: This Agreement shall be binding upon the
successors and assigns of the Company, and no provisions, terms or
obligations herein contained shall be affected, modified, altered or
changed in any respect whatsoever by the consolidation, bankruptcy,
merger, sale, transfer, reorganization or assignment of the Company,
or by any change in the legal status, ownership or management
thereof.
17.5 EFFECTIVE DATE OF AGREEMENT: It is mutually agreed by and between the
parties signatory hereto that the Agreement dated February 1, 1998,
is superseded by this Agreement dated as of February 1, 2002. Except
as otherwise expressly provided herein, the provisions of this
Agreement shall be effective February 1, 2002.
In witness whereof, the parties hereto have executed this Agreement on February
1, 2002
Local Union #396 of the International
Brotherhood of Electrical Workers (AFL-CIO)
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Xxxxx X. Xxxxxxxx
Business Manager/Financial Secretary
IBEW Local 396
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Xxxx Xxxxxx
President
Nevada Power Company
NEGOTIATING COMMITTEE
IBEW, LOCAL NO. 396 NEVADA POWER
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