Working Agreement

SECTION 1. The Company will pay one and one-half (1 ½ ) times the employee's basic rate while engaged in working from a suspended scaffolding or boatswain chair.

SECTION 2. The Company agrees that no employee on the payroll as of 12/1/2000 will be laid off for lack of work during the term of this Agreement. On 12/1/2006, this protection will be extended to employees on the payroll as of 12/1/01.  On 12/1/2007, this protection will be extended to employees on the payroll as of 12/1/2002.  On 12/1/2008, this protection will be extended to employees on the payroll as of 12/1/2003. 

SECTION 3. The Company agrees that in an effort to promote good communication between parties, when practicable, documents that are to be signed, exchanged or become part of the record will be provided in hard copy and also as an electronic file in PDF format.

 

Group Life, Hospitalization Insurance,

Retirement Plan and Employee Savings Plan

SECTION 1. The benefits applicable to employees under the group life, group medical (including prescription) plans in effect at this date will be continued for all employees, including those on Workers' Compensation, during the term of this Agreement.

            From December 1, 2005 through November 30, 2009, pre-Medicare eligible retirees, who retire during the term of this agreement, will pay the same amount for medical as active employees. Upon expiration of this agreement they will pay the then applicable retiree medical rate.

            Medicare eligible retirees will continue to pay the applicable retiree rate for their Medicare supplemental plan.

SECTION 2. Each employee will be insured for Forty Four Thousand Dollars ($44,000) effective, 12/1/04, with an Accidental Death and Dismemberment provision while in active employment. Effective 1/1/07, this insurance will be increased to Forty-Five Thousand Dollars ($45,000).  Effective 1/1/08, this insurance will be increased to Forty-Six Thousand Dollars ($46,000).  Each employee will be offered the opportunity to purchase either Fifteen Thousand Dollars ($15,000) or Thirty Thousand Dollars ($30,000) of additional term life insurance at a cost of thirty-three cents ($.33) per thousand per month, which will be made available during the initial open enrollment period without a qualifying physical, or for new employees, at date of hire. For work related accidental death on the job, the benefit will be triple the life insurance benefit. Employees who retire after December 1, 1988 will receive a death benefit of Ten Thousand Dollars ($10,000) at retirement. This benefit will reduce to Five Thousand Dollars ($5,000) at the rate of One Thousand Dollars ($1,000) per year for the first five (5) years of retirement. The benefit will remain at Five Thousand Dollars ($5,000) until age seventy (70), at which time it reduces to Four Thousand Dollars ($4,000). However, if during the first five (5) years of retirement the employee reaches age seventy (70), the benefit will immediately reduce to Four Thousand Dollars ($4,000) upon reaching age seventy (70).

The Company will assume the cost of medical, prescription, dental and vision care insurance coverage, relating to the individual employee and his/her eligible dependents less the following employee contributions for medical coverage:

 

1.         Medical:

CTCare HMO and Excellus EPO (TEN Employees)

Weekly employee contribution amounts:                           

Effective Date                      2006               2007               2008               2009

Single                                     $20.47            $22.42            $24.54            $26.88

Family                                     $52.98            $58.01            $63.52            $69.56             

           

2.         If elected, Vision and/or Dental:  20% employee contribution

Employees will be given the option to make contributions on a pre-tax basis.

Annually, prior to open enrollment, the Company will, at the Union's request supply the Union with documentation of the prior year's medical, dental and vision insurance experience including renewal rates and employee contributions for such insurance as derived from such information.

Effective January 1, 2003, the Company will implement a medical and dental spousal coverage plan. If a spouse works full-time (as defined by his or her employer) for a Company that offers medical and/or dental coverage and the Company shares in the cost of these coverages, the spouse must enroll in his or her employer's plans first. The employee can then enroll the spouse in CNG's plan if desired. The two plans will coordinate benefits.  If neither the employee, their spouse and other family members elect coverage under the CNG medical benefit plan, the employee will receive a One Thousand Dollar ($1,000) annual credit amortized over the employee's normal annual pay periods (Employee Medical Opt Out).

For the period December 1, 2005 through November 30, 2009, only, the Company will reimburse the premium contribution cost of single medical/dental coverage paid by any employee's spouse who receives primary medical/dental coverage from his/her employer, providing that the total premium cost to the employee does not exceed the cost to the Company to include the spouse as a dependent. The employee must present documentation satisfactory to the Company to receive reimbursement.

3.      The current Rx co-pays are $5/$15/$30 (retail drug) for up to a 30-day supply; $10/$30/$60 (mail order) for up to a 90-day supply.  Effective 1/1/07, the co-pays will be $7/$20/$35 (retail drug) for up to a 30-day supply; $14/$40/$70 (mail order) for up to a 90-day supply.

SECTION 3. The Retirement Plan (The Connecticut Natural Gas Corporation Retirement Plan), dated January 1, 1941 and as amended effective December 31, 1967, shall continue for the life of this Agreement, dated December 1, 1985 and succeeding Agreements subject to such modifications as may be mutually agreed upon by the parties hereto. Furthermore, in appointing the Retirement Committee provided under Article 12 of the Retirement Plan, the Company will appoint a member designated by the Union for each member designated and appointed by the Company.

Any employee who retires on or after December 1, 2005 and who is vested in the CNG Retirement Plan, has 10 years of service,  and who subsequently receives a Disability Retirement, shall be paid the greater of their accrued  benefit or a minimum monthly benefit of $1,750 per month.

Minimum Normal Retirement Benefit - Plan Article 5, Section 5.2(d):  In the case of an Employee who is credited with 30 years of credited service at retirement, the minimum monthly flat dollar amount of retirement benefit will be $1,750 for employees who retire on or after January 1, 2006.

Employees submitting a written notification of retirement will receive a Retirement Plan benefit calculation and will also receive appropriate documentation regarding retirement benefits.

Effective January 1, 2004 (1/1/04), the Company will implement a cash balance plan for employees hired on or after 1/1/04.

Cash Balance Plan Formula: The Company will credit the participants' cash balance account with a flat dollar amount of $3,500 per year and such credit will be applied at the end of each plan year. For plan years starting on and after January 1, 2006 the flat dollar amount will be $4,000 per year. Balances will earn interest equal to the 30-year treasury rate (or other comparable government index) not less than 4% in effect on December 31 of the prior year and credited at the end of the subsequent year. Five year vesting will apply.

SECTION 4. Effective July 1, 1988, all eligible employees covered by this Agreement may elect to participate in the Connecticut Natural Gas Corporation Union Employee Savings Plan and receive the company match as outlined below.

Years of Service                               Age                 Match

20 or more or                                    45        =         4.5%

10 or                                                 35        =          3%

Less than 10 and under                    35        =          2%.

Said plan shall continue for the life of the Agreement entered into December 1, 1988 and succeeding Agreements subject to such modifications as may be mutually agreed upon by the parties thereto.

 

Sickness, Disability, and Other Allowed Time

SECTION 1. Employees will be paid full time at their basic rates while off duty because of sickness or accident not covered by Workers' Compensation Act, as follows:

CONTINUOUS SERVICE                                        PERIOD

Less than 6 months                                                   None

6 months to 1 year                                                    8 weeks ½ pay*

1 year to 5 years                                                       4 weeks & 4 weeks ½ pay

5 years to 10 years                                                   8 weeks & 4 weeks ½ pay

10 years to 15 years                                                 12 weeks

15 years to 20 years                                                 16 weeks

20 years to 25 years                                                 18 weeks

Over 25 years                                                            26 weeks plus three (3) additional

                                                                                    days for each year of service in excess of 25.

*Employee will not receive this until he/she has been out after seven (7) days.

Employees who have completed ten (10) years of continuous service will be entitled to ten (10) additional weeks, in addition to the preceding schedules, for major (long-term) illnesses. To be eligible for this additional time, employees who have received disciplinary action as stated below "A" through "C" must have had such steps withdrawn for a period of two (2) years prior to the major illness.

A. Effective March 1, 1988, the Company will monitor each employee's attendance record and when the record warrants disciplinary action the Company will notify the employee and his/her steward through an oral reminder and such disciplinary step will be in effect for nine (9) months from the date of discipline.

B. The Company will continue to monitor the employee's record thereafter and if no improvement is made, the Company will notify the employee and his/her steward that a written reminder is in effect and will remain in effect for twelve (12) months from the date of discipline.

C. The Company will continue to monitor the employee's record thereafter and if no improvement is made, the Company will notify the employee and his/her steward that a Decision Making Leave will be taken by the employee and this disciplinary step will be in effect for fifteen (15) months from the date of discipline.

If the employee fails to improve his/her absence record after the above steps, further disciplinary action, including discharge, may be taken by the Company.

The Union has the right to grieve the above disciplinary steps. The supervisor must conduct at least one coaching discussion with the employee about his/her attendance record before Step A is implemented.

If payments are made to employees under any laws for sickness or accident, then the difference between such payment and the above schedule will be paid by the Company.

Employees who are notified on Monday that they will be scheduled to work overtime on the following Saturday and who prior to Saturday work take off for illness, those hours paid for illness will not accumulate to reach forty (40) hours under Article 3, Section 2 to be paid at the rate of one and one-half (1½) for the work on Saturday. They will be paid at their straight time rate for work performed on that Saturday.

An employee who is absent from work because of an injury sustained on the job which would be compensable under the Workers' Compensation Law, shall receive during the contract period, pay in addition to the compensation payments so as to give the employee full pay but not to exceed normal after tax take home pay for a period including any waiting time equal to twice the period of sick leave to which the employee would be entitled and time lost by reason of such injury shall not be charged to the employee's sick leave.

Any employee who is on the payroll of the Company for a period of less than six (6) months and is absent from work because of such an injury sustained on the job, shall receive pay, in addition to any compensation payment permitted under the Workers' Compensation Law, so as to give employees full pay but not to exceed normal after tax take home pay during the period of such injury, but such period shall not exceed two (2) weeks in the contract period.

Before making any sickness or accident payment, the Company shall have the right, providing the employee has been coached under Positive Discipline about sick time, to require a certificate signed by the attending physician or a Company physician and such other evidence of disability as the Company may deem necessary. The Company shall be required to reimburse the employee for the cost of the
co-payment. An employee who misrepresents his/her condition or cause of same shall be ineligible for the above benefits and may be subject to dismissal.

Time off with pay will be given for attendance at weddings, one (1) day. Three (3) days off with pay will be given upon the death of a member of the employee's immediate family. The employee's immediate family is defined as the employee's father, mother, wife, husband, grandmother, grandfather, mother-in-law, father-in-law, step-father, step-mother, child, step-child, brother or sister. One (1) day off with pay will be given upon the death of an employee's aunt, uncle, sister-in-law, brother-in-law, son-in-law, daughter-in-law, step-brother or step-sister.

An employee called upon to be a pall bearer at the funeral of a deceased employee shall be paid one (1) day's pay.

SECTION 2.(a) If it is established that an injury or illness is caused by the negligence of a third party and that third party makes settlement with the injured employee, the Company shall be reimbursed for all wage payments made to the injured employee to the extent that such settlement covers the Company's payments made under the terms of this provision

(b) In instances where the Company has been so reimbursed, the employee's sick leave allowance shall be reinstated to the extent of the reimbursement.

SECTION 3. An employee injured while gainfully employed elsewhere shall not be entitled to sick leave allowance for such period of incapacity.

SECTION 4. Any employee inducted into military service who enlists because of imminent induction in any branch of the United States Government as a result of the Selective Service Act shall resume seniority with the Employer when discharged from such service. He shall be paid the maximum vacation pay for the following year, pursuant to the provisions of the Selective Service Act.

SECTION 5. The current Corporate Policy on Earned Rest will remain the Company's policy during the term of the agreement. It is the intent of the Policy to allow earned rest for employees who, due to call-out or unscheduled overtime, have not had  eight (8) hours off work before reporting for their next regularly scheduled shift. Such employee will receive pay for the hours scheduled but not worked as earned rest time. Scheduled overtime where less than twenty-four (24) hours notice has been given will qualify for earned rest time.

 

Notification

Employees who find it necessary to be absent from work for illness or injury, or any other unscheduled reason, shall notify the Company prior to the start of each of their shifts. In January of each year, each Department will post the person to be notified. The absent employee must contact the designated person, and in the event that person or their designee is not available, leave a voice mail or other message. Failure to notify the Company will be subject to discipline.

During extended absences, employees are required to keep the Company informed as to their status, including providing reasonable medical verification.

 

Protection of Rights

SECTION 1. It shall not be a violation of this Agreement, and it shall not be cause for discharge or disciplinary action in the event an employee refuses to enter upon any property involved in a primary labor dispute, or refuses to go through or work behind any primary picket line, including the primary picket line of Union's party to this Agreement, and including primary picket lines at the Employer's place of business.

SECTION 2. It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action if any employee refuses to perform any service which his/her Employer undertakes to perform as an ally of an Employer or person whose employees are on strike, and which service, but for such strikes, would be performed by the employees of the Employer or person on strike.

SECTION 3. The Union agrees that its members will obey a request of a supervisor where such request has direct connection with the work of the Company and will follow operating and safety rules, and that though an appeal may be made to the grievance procedure in regard to such supervisors request concerning operating and safety rules, such an appeal shall not operate to stay compliance with the request and rules, unless it involves work which is unusual and extremely hazardous.

 

Safety and Health

SECTION 1. The Union will cooperate with the Company in encouraging employees to observe all safety regulations prescribed by the Company and to work in a safe manner. A joint safety committee of five (5) persons or fewer appointed by the Company, the Company Safety Analyst, and six (6) persons or fewer appointed by the Union will meet monthly to further the program of safety, health, and sanitation. No member of the Union grievance committee shall serve as a member of the Safety Committee.

            The members of the Safety Committee will elect the Chairperson of the Safety Committee biennially. The Committee will receive annual training on their duties and responsibilities.  Recommendations of the Safety Committee shall be submitted to and reviewed by management and the Safety Committee notified of their decision within sixty (60) days. 

SECTION 2. The Employer shall pay for all time involved while assuming these duties, providing the time involved will be during regular working hours. If the Employer or any Federal or State Agency requires any special clothing, gloves, glasses, or safety shoes, the Employer shall pay the total cost of any items.  The Company will pay 100% for prescription safety eyewear biennially if necessary to perform duties of an employee's classification or a classification to which the employee may be temporarily assigned under Art. III, Sec. 12. provided the employee uses a Company preferred provider and selects Company approved frames and lenses.

SECTION 3. The Company will furnish first-aid kits on all vehicles. It is the responsibility of the employees to make sure that the first-aid kits are kept fully equipped. The Company will furnish the material to keep the first-aid kits fully equipped.

SECTION 4.(a) Employees are not required to operate: No employee shall be compelled to take out equipment that is not mechanically sound and properly equipped to conform with all applicable city, state, and federal regulations.

(b) Reports: Employees shall immediately, or at the end of their shift, report all defects of equipment. Such reports shall be made on a suitable form furnished by the Employer, and shall be made in multiple copies, one copy to be retained by the employee. Such reports shall not ask or require any employee to take out vehicles that have been reported by any other employee as being in an unsafe operating condition until same has been approved, in writing, as being safe by the mechanical department, or a qualified representative of the Employer.

In the event an employee shall suffer a revocation of his/her drivers' license because of violation of any laws by the Employer, the Employer shall provide suitable and continued employment for such employee, at not less than his/her regular earnings at the time of revocation of license, for the entire period of revocation of license and such employee shall be reinstated in the seniority he/she held, prior to revocation of his/her drivers' license after his/hers drivers' license is restored.

SECTION 5. Employees will be bailed out of jail if accused of any offense in connection with the faithful discharge of their duties, and any employee forced to spend time in jail or in courts shall be compensated at his/her regular rate of pay.  In addition, he/she shall be entitled to reimbursement for his/her meals, transportation, court costs, etc.; provided, however, that faithful discharge of duties shall in no case include compliance with any order involving commission of a felony. In case an employee shall be subpoenaed or required to appear in any court proceeding as a Company witness, or in connection with any incident arising out of the faithful discharge of his or her duties he/she shall be reimbursed for all time lost and expenses incurred. Faithful discharge shall not include any traffic incident in which the employee received any ticket, summons, or warning.

SECTION 6. Employers shall protect employees with Workers' Compensation Insurance, Social Security, and Unemployment Insurance, as required by Federal and State law.

 

Strikes and Lockouts

SECTION 1. The Company agrees that during the life of this Agreement there will be no lockouts. The Union agrees, collectively and individually for its members, that there will be no strikes during the life of this Agreement.

SECTION 2. In further consideration of the mutual promises contained herein the parties hereto expressly agree that neither party shall bring, or cause to be brought, any court or other legal or administrative action against the other because of any strike or lockout until the dispute, claim, grievance or complaint causing the strike or lockout shall have been brought to the attention of the party against whom it shall be made, and the said party, after actual notice of same shall within a reasonable time, fail to take steps to correct the cause or circumstances giving rise to such dispute, claim, grievance or complaint causing such strike or lockout.

 

Negotiations, Grievances and Arbitrations

SECTION 1. The Company and the Union recognize the mutual benefits of working toward a prompt resolution of disputes which may arise from time to time out of this Agreement.

The Company recognizes the right of the Union to designate a steward. The steward has authority to investigate and present grievances in accordance with the provisions of this collective bargaining agreement. The steward has no authority to take action that will interrupt the Company's business.

The steward recognizes the obligation to notify his/her supervisor before conducting Union business on Company time. The supervisor will be notified of the nature and purpose of the matter. The Company will not be arbitrary or unreasonable in restricting the steward in the exercising of his/her duties under this Agreement.

SECTION 2. The Union shall appoint a Negotiating Committee not to exceed seven (7) members for the purpose of negotiating changes in this Agreement.

SECTION 3. Should any difference arise between the Company and its employees covered by this Agreement as to the meaning and application of this Agreement with respect to rates of pay, wages, hours of employment and other conditions of employment, the procedure of settlement shall be in the following manner:

a. Step One. An employee who claims he/she has a grievance shall, with his/her steward or in his/her absence, the Chief Steward, meet with the supervisor to discuss the nature of the dispute. If the grievance is not resolved at this meeting, the employee shall put his/her grievance in writing on a form supplied by the Company, the original of which is to be dated and signed by the employee and the steward.  The grievance and any replies from both the Company and the Union will be handwritten or typed on a Grievance Reply Form. Two (2) originals of each documented Step will be initialed in blue ink and dated by the responding party. One (1) original will be retained and one forwarded to the other party. The Union will give one (1) original grievance to the supervisor to forward to Human Resources. Such grievance shall be submitted in writing within fifteen (15) working days after the event giving rise to same has occurred, or shall be deemed waived.

b. Step Two. The Company will schedule a meeting to discuss the merits of the grievance within fifteen working days of receipt of the grievance by Human Resources, unless an extension is requested. The Company will contact the Chief Steward or his designee to determine who will represent the Union at the Step Two meeting. The Company will give the supervisors of the Union Grievance Committee notice in advance of the meeting to allow for scheduling of work.

Both the Union and the Company may each bring up to five (5) representatives to all grievance meetings for the purpose of expediting a resolution.

After the Step Two meeting, the Company will note on a Grievance Reply Form the proposed disposition of the matter within fifteen (15) working days, and provide a signed dated Reply to the Union. The Union will designate either "Satisfactorily Resolved" or "Not Satisfactorily Resolved", and may state a reason and return the signed, dated Reply to the Company.

c. Step Three. The Union will submit this Reply to the Company within fifteen (15) working days of receipt of the Company's Reply, for the purpose of determining whether an additional meeting could expedite a possible resolution of the matter. If the Company or the Union have additional information or an alternate proposal for settlement, either party may request a Step Three meeting within fifteen (15) working days to discuss the matter, using the same notification and reply procedure as in Step Two above.

d. Arbitration. In the event the dispute shall not have been satisfactorily settled in the steps outlined above, either party may at any time, but no later than thirty (30) days after the last step, request that the issue be submitted to arbitration. Such request will be made in writing, setting forth the subject in dispute. The thirty (30) day period may be extended for a like period by notifying the other party that the matter is pending further consideration, but the request for an extension must be made before the thirtieth (30th) day. A third arbitrator, who shall act as Chairman of the Arbitration board, shall be selected by the parties from a list of arbitrators recommended from the American Arbitration Association or, if both the Company and the Union agree, the case can be submitted to the Connecticut State Board of Mediation and Arbitration. Each party shall designate its representative to the arbitration board prior to the hearing. 

On a schedule to be determined at the hearing, the parties shall submit briefs to the third party arbitrator. After receipt of the briefs, the third party will provide a draft opinion to the arbitration panel and schedule a meeting with the panel to discuss the draft. After the meeting, and within thirty (30) days of the hearing, the third party will render a written decision, from which either the Company or Union representative may dissent.

The decision of the arbitration panel shall be final and binding on both parties to this Agreement. The Company and the Union shall each bear the expense of its own representative and the expense of the third party shall be borne equally by the Company and the Union.

The arbitration panel may not add to, subtract from, or modify the terms of the Agreement in any way.

e. The steps in the grievance procedure described above are for the purpose of expediting the grievance. If the Company or the Union causes an unreasonable delay in the process, the other party has the option to proceed to the next step.

f. All grievances shall be processed from the first step of the grievance to arbitration in no more than three (3) months' time. Both parties recognize the impact of vacation periods and contract negotiations and accept resulting delays.

g. None of the provisions of the grievance procedure shall restrict an employee and his/her supervisor from discussing matters of mutual concern.

 

Seniority and Promotions

SECTION 1. Seniority, as used herein, is defined as the status accruing from the date of last hiring by the Company.  New employees shall be regarded as probationary employees until they have been in the employ of the Company for six (6) months during which time they will have no seniority status. The employee from a seniority standpoint will become a regular employee and his/her seniority status will start from date of hiring, except in cases where an employee is hired for a special project or assignment which is known to be temporary at the time of hiring. Written notice of temporary hiring will be given to the Union, prior to hiring, with a description of work to be performed, name of employee and employee number, and probable duration.

The Company agrees that when vacancies occur, meter representative areas and meter reader routes will be assigned by seniority. As practical, seniority will be recognized when initially assigning one person fitting work.  After January 1, 1996, the Company is willing to discuss the fitter rotation schedule, on request of the Union.

SECTION 2. The procedure to be followed in the event the Company determines that a layoff or transfer is anticipated:

STEP 1. The only employee eligible to exercise seniority for "bumping" purposes will be the employee directly affected with the layoff.

STEP 2. That employee would bump the last employee hired under the Agreement in his or her Department as long as that employee is qualified and able to perform the job.

STEP 3. The employee who is bumped under Step 2 would then bump the last employee hired under the agreement to take his/her place in the layoff procedure, as long as that employee is qualified and able to perform the job.

STEP 4. If the employee is not qualified and able to perform the work of the last employee hired, they will move up the seniority list in order to find a job which they are qualified and able to perform and have more seniority than the employee presently doing the job.

If there is a layoff the Company will discuss subcontracting under Article XV, Section 1 with the Union.

Whenever any layoff or transfer is anticipated, the Union will be notified ten (10) working days prior to said layoff/transfer, to the extent known, of the number of employees to be laid off and their respective sections, divisions and departments. A list of all positions currently open or reasonably expected to be open will also be provided by the Company.

Transferred employees will retain their rate of pay, will receive all general increases and will be eligible for merit increases if below the top of the rate of the position to which they are transferred. Transferred employees and any other employees affected by work reduction or job elimination will not be excluded by department seniority from bidding for thirty-six (36) months.

Laid off employees are all employees who are left without a position after all bumping and transfers have taken place. Employees will be eligible for recall, by seniority, for thirty (30) months from the date of layoff. An employee in the recall pool may elect early retirement option at any time within the thirty (30) month recall period. Notification of recall will be by certified mail, return receipt requested, to the employee's last known address. It will be the responsibility of the employee to notify the Company of any change of address. Recalled employees who fail to respond within fifteen (15) working days of receipt of notice of recall will be considered as having waived their right to recall. Recalled employees who were at the top of their rate will return to work at the top of the current rate range. Similarly, recalled employees who were below the top of the rate range will return at the same percentage of the current rate range as the percent of the rate range they had achieved when they were laid off.

*A full-time employee exercising his "bumping" rights cannot be forced to accept a part-time position. Union officers and stewards will have preferential seniority for layoff purposes as long as such application does not violate State or Federal laws.

SECTION 3. There shall be available for examination by the Union a list or file of the employees to whom this Agreement applies in order of their seniority. The Company further agrees to keep this list up-to-date including employee addresses, and make it available every six (6) months.

SECTION 4. Whenever the words "continuously" or "continuous" are used in this contract in relation to an employee's service with the Company, it shall apply to the period of employment since the date of last hiring.

SECTION 5. Seniority shall prevail whenever there is an advancement or promotion, provided the employees can meet the following qualifications:

            (a) Knowledge, training, and efficiency.

            (b) Physical condition and general health.

            The Company recognizes that length of service should be given important consideration in advancing employees to better paying work and will give it every consideration possible in all cases of advancement. The seniority of applicants for advancement will be considered as follows:

Union Seniority Distribution

1. Customer Service Department

                        A. Customer Service Division

                                    1. Service Representatives;

                                    2. Record Center section;

                                    3. Meter Representative Section

                        B. Meter Shop Division

                        C. Garage Division

                        D. Store Division

                        E. Meter Reading Division

2. Distribution (Street) and Production Department

                        A. Production Division

                                    1. Production section; (Excluding Steam Plant)

                                    2. LNG Plant section.

                        B. Distribution Division

                                    1. Office section;

                                    2. Engineering section;

                                    3. Installation and maintenance section

                                    4. Regulator section

                        C. Fitter Division

Installation and Maintenance section

Regulator Section  

                   

3.  Customer Accounting Department

                        1. Customer Billing and Accounting

                        2. Credit and Collections

                        3. Customer Relations

                        4. Management Information Systems

4.  Building Services Department

                        1. Building Services

                        2. Mailroom

5.  The TEN Companies, Inc. Department

1.Hartford Steam Company

2.CAS Plant

3.G. Fox Plant

4.Hartford Hospital

            This distribution is only for "application by seniority under the bidding procedure and does not apply to work assignments or any other previously agreed upon work rules".

            Whenever the qualifications of two (2) or more employees are relatively equal, the Company will make such advancement on a seniority basis. The right to determine who are to hold supervisory positions is vested exclusively in the Company.

            Seniority shall be by classification relating to bidding purposes.

SECTION 6. The Company will discuss with the Union any changes in job descriptions that affect the job duties, skills or qualifications in advance of posting a vacancy. The Company will post notices of vacancies, including job descriptions, for positions in the occupations and classifications of employees represented by the Union, and the Company will consider applications of employees for such positions if the applications are presented in writing, including a statement of the qualifications of the applicant, within five (5) working days after such notice of vacancy was posted. Notice of vacancies posted shall be sent to workers out sick. In case of emergency, the Company may fill the vacancy for a period not to exceed fifteen (15) days. 

Before a position is permanently filled and notice thereof is posted on the bulletin board, the Union will be notified and shall meet the Company representatives for the purpose of discussing the qualifications of all persons bidding on the job. The Company shall then make a selection, subject to grievance and arbitration. In any event, such vacancy shall be filled within twenty (20) days of date of posting for a temporary period of twenty (20) days and the transfer shall take place no more than twenty (20) days after the selection is made unless discussed with the Union. The employee will begin department seniority and receive the new rate of pay as of the twenty (20) day expiration, or if the new rate is lower, when transfer is made. When an employee transfers by bid from one division to another and chooses to return to his/her prior job during the twenty (20) day period, the employee will not be accepted on any job in another division for the next sixty (60) calendar days.

Seniority shall be broken by:

1.         Voluntary quit from the bargaining unit.

2.         Discharge.

3.         Missing three (3) consecutive work days without notification in so far as practicable to do so.

4.         Failure to respond to notice of recall as specified in this Article for regular       work fifteen (15) consecutive days after receiving notice. It is the employee's responsibility to keep the Company informed of his/her mailing address.

5.         Any employee who is absent because of proven illness shall maintain his/her seniority.

6.         Employees who take supervisory positions relinquish their seniority under      this Agreement, except for ERISA and legal requirements.

Seniority shall not be broken by temporary assignment (on a voluntary basis) to non-supervising, non-bargaining unit work or on layoff up to thirty (30) months from the date of layoff.

 

Holidays

SECTION 1. The following legal holidays:  New Year's Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve Day, and Christmas Day are to be strictly observed, and only work of a necessary or emergency nature is to be performed. The Columbus Day Holiday will be observed as follows: July 3, 2006, in 2007 as a Floating Holiday; in 2008, July 3^rd; in 2009, July 6.

SECTION 2. When any of the holidays in Section 1 occur on Saturday, such holidays will be observed on the preceding Friday, except for shift employees whose assigned schedule includes Saturday, in which case Saturday will be the observed holiday for these shift employees. An employee who works either Friday or Saturday or both will be paid at the rate of time and one-half (1½) for the hours worked on these days. When any of the holidays in Section 1 occur on Sunday, such holidays will be observed on the following Monday. When a holiday falls outside an employee's normally scheduled work week, the employee at his/her discretion will receive scheduled holiday pay or will be allowed to observe that holiday in the form of a Floating Holiday. Other provisions of Section 4, 5, and 6 shall apply in the usual manner for the day observed by the employee.

SECTION 3. All employees to whom this contract applies shall be paid for legal holidays at the regular rate of pay for such employees when no work is performed. The number of hours in the normal day will be allowed and such hours, if within the regularly scheduled work week, shall accumulate toward weekly overtime.

SECTION 4. An employee required to work on any legal holiday in his regularly scheduled work week shall be paid at one and one-half (1½) times his/her regular rate of pay for the hours worked on such holiday in addition to the pay allowance for such holiday. Any time worked beyond eight (8) hours on a holiday shall be paid at a rate of two and one-half (2½) times the employee's hourly rate.

SECTION 5. When an employee is called upon to work on any of the holidays covered in Article V, Section 1, when the same shall not fall within the employee's regularly scheduled work week, he/she shall be paid at two and one-half (2½) times his/her straight time rate of pay for the hours worked.

SECTION 6. When, because of an emergency call, an employee is required to work on a holiday, in addition to the employee's holiday pay, he/she shall receive as compensation a minimum of two (2) hours at two and one-half (2½) times his/her straight time rate.

SECTION 7. All employees to whom this contract applies will receive two (2) Floating Holidays each year.  Each Department will post vacation staffing requirements in January. The employee must give the Company a minimum of seven (7) days notice prior to the Floating Holiday, and the day must be mutually agreed upon.  The Company will respond before the close of business the next regular working day.  Provided an employee has given fourteen (14) days notice, a Floating Holiday can only be denied if previously scheduled vacation weeks and/or days have reduced staffing levels below previously established minimums.  All refusals of requests will include the reason for the refusal.  The Company will not be arbitrary or capricious in refusing, and any arbitrary refusals will be subject to the grievance procedure.  Upon refusal, the employee may resubmit an alternate date and reply will be given as provided above.  The Company will allow up to 25% of the unit to take one of their Floating Holidays on Martin Luther King Day.

SECTION 8. All employees to whom this contract applies will receive one day off either on the day of the birth of their child or the day they bring their spouse /child home from the hospital.