Hours & Wages
SECTION 1. The normal work week shall consist of five (5) consecutive days of eight (8) consecutive hours in each day, except for time scheduled for lunch period and two (2) fifteen (15) minute breaks. The standard lunch period in the Distribution Department is from 12:00 Noon to 12:30 P.M. Work requirements may require occasional changes, but under all circumstances, lunch will be allowed between 11:30 A.M. and 1:30 P.M., or the employee will be paid through lunch. If the Company finds it necessary to schedule shifts of greater than eight (8) hours per day up to a maximum of ten (10) hours, whereby overtime would not be paid beyond eight (8) hours in a day, such shifts being filled on a voluntary basis by seniority and qualifications, it will discuss such change with the Union; the Union shall not be arbitrary or capricious in disagreeing with the Company's request. If no agreement is reached, the Company can put into effect such changes. Only those employees hired after December 1, 1987 will be required to fill such shifts if not already filled on a voluntary basis. The hours outlined above, apply to all employees, except for those Customer Service field employees, Fitter Division field employees, and Distribution field employees covered by the 2001 Lunch Settlement Agreement.
SECTION 2. Any work over eight (8) hours in one (1) day except as stated under Section 1 above, or forty (40) hours in any one payroll week shall be paid as overtime at the rate of time and one-half (1 ½). However, time and one-half (1 ½) shall not be paid for work over eight (8) hours in any day where an employee requests and it is agreed by the Company to schedule two (2) shifts or parts thereof on any one (1) day in order that such employees may obtain more consecutive and convenient days off. The Company agrees not to be arbitrary or capricious in denying a shift swap. Call outs paid at the four (4) hour straight time rate as provided in Section 4 below will be added to the overtime list as two and one-half (2 ½) hours of overtime. The emergency and overtime work shall be distributed equally among the qualified employees so far as practicable. No employee shall be deprived of his/her customary work because of such overtime.
The existence of different overtime assignment procedures (by agreement with the Union) in different Departments will not be used by the Union to suggest the Company violated its obligation under Article III, Section 2 to assign overtime work equally, so far as practicable. Employees who are on active discipline for attendance who call in sick during the week will not be paid overtime for work performed on a Saturday until such time as the 40 hour requirement has been met. Overtime Status Lists will be posted in each Department and will be renewed every January 1.
SECTION 3. The minimum and maximum rates paid for the various classifications of jobs shall be as appears in the Wage Schedule, attached hereto, and will not be changed by the Company without notice to and agreement with the Union.
The Company will maintain a complete list of the most current version of each classification contained in the Wage Schedule of the Agreement. The Company will make such list available to the Union upon written request or upon modification of a classification. Additionally, the Company will provide the Union in a timely manner with any job description which is the subject of discussion between the Company and the Union and any new classifications which may be added to the Wage Schedule during the life of the Agreement.
a. In the event the Company institutes a new job classification or any new mode of operation, or new machinery, or office equipment within the bargaining unit that would warrant an increase in the rate of the job, the Company and the Union will negotiate to establish a pay rate, and name classification for any job. If the parties disagree on the rate, the Company may put the rate into effect and the matter can be subject to the grievance and arbitration procedure. If the arbitrator rules in favor of the Union, the rate will be paid retroactive to the date the changed job was put in effect. The Company agrees not to raise timeliness issues when the cumulative effect of additional duties in a job classification is grieved. A list of additional duties shall be maintained and shared among the parties.
b. The Company will review employees' performance of their work each six months before granting an increase, until the employee has reached the maximum of his/her job grade. Should an increase be withheld at that time, the employee and the Union will be notified of the reasons. In the event the Company issues an unsatisfactory appraisal (less than 2.0) and a wage progression increase is denied, the employee will be eligible for re-evaluation in six (6) months. The Union may grieve the unsatisfactory appraisal under Article VII. When an employee achieves proficient1 performance, normal progression through job classifications listed in the Wage Schedule of this Agreement is 36 months.
Employees will automatically receive their incremental increase on the date due if the supervisor does not complete the job performance review within 30 calendar days of each six month anniversary period. The amounts of the incremental increases are shown on the chart in the Appendix of this Agreement.
1 Proficient Performance is an appraisal of 2.0 or above
Exceptions to this progression are listed below:
1 . Distribution Fitter B: 24 months progression to Distribution Fitter A.
2. Service Representative C: 18 months progression to Service
Representative B.
3. Service Representative B: 18 months progression to Service
Representative A.
4. Service Representative A: 24 months progression to the top of the rate with training for dual fuel/high input burners and air conditioning.
5. Storeroom Attendant B: 24 months progression to Storeroom
Attendant A.
6. Chief Storeroom Attendant: 24 months progression to top of rate.
7. Engineering Technician A/B: 18 months progression to the top of Engineering Technician B; 18 months progression to the top of Engineering Technician A.
8. Engineering Technician A: 18 months progression to Senior Engineering Technician with completion of and proficiency in Computer Aided Drafting and Design.
9. Pipe Fitter A/B: 18 months progression to the top of Pipe Fitter B; 18 months progression to the top of Pipe Fitter A.
10. Regulator Technician A/B: 18 month progression to top of Regulator Technician B rate; then 18 months to top of Regulator Technician A rate.
SECTION 4. An employee called after his/her scheduled shift hours to work on any emergency by a responsible authority of the Company shall receive as compensation not less than four (4) hours straight time pay. If however such call does not result in the employee reporting to a job site, he/she shall receive no less than one (1) hour of pay at time and one half (1.5) in lieu of the four (4) hour straight time pay. An employee called to report to work less than ten hours prior to the starting time, will be paid up to thirty (30) minutes to report to work.
Employees called shall call in for further emergency work before going home if the first assignment is finished within the respective minimum guaranteed period. Any further like emergency assignment within said period shall be deemed part of the original call out.
The Company will utilize any and all qualified available voluntary employees before requiring mandatory department wide overtime. An employee may refuse mandatory overtime due to non-availability of alternate care for a minor child under the age of sixteen (16), which may require documentation.
SECTION 5. Employees “on call” will be paid one and one-half (1½) hours of pay per weekday and two and one-quarter (2¼) hours of pay on Saturdays and Sundays. An employee "on call" who goes out on an emergency call shall also receive compensation for such emergency work as hereinafter provided. All employees, under the age of forty-eight (48), hired or who bid into the Distribution Division on or after December 1, 1985, who are qualified, will be "on call". The present minimum of sixteen (16) employees will continue in effect.
SECTION 6. Street Division employees will not be required to lose normal daytime work because of stormy weather. Only that outside work which is of an emergency nature will be done on such days; otherwise, the Street Division employees will be provided inside or other employment primarily related to the Street Division operations. The Company may seek and the Union will cooperate in soliciting volunteers for non-Street Department work. If, however, there should be two (2) consecutive days of stormy weather, and there is no further work related to the Street Division operations, the Company may assign them to other employment deemed essential by the Company.
SECTION 7. An employee required to work at least two (2) hours in addition to his/her normal scheduled eight (8) hour shift, or one (1) hour in addition to any ten (10) or twelve (12) hour shift shall be furnished with a meal at the Company's expense, or an allowance of thirteen dollars ($13). Such payment will be made instead of a meal.
SECTION 8. All employees, including janitors when scheduled to work on the evening shift shall be paid at the basic rate for the job plus a premium of six percent (6%) of the employee's base pay rate. A regularly scheduled evening shift shall not start prior to 12:00 noon, and for ten (10) hour shifts not before 10 a.m. Such premiums, or shift differential pay, shall apply to time allowed for sickness, accident, vacation, or holidays to employees assigned to permanent shifts.
When an employee is scheduled to work on Sunday, and work is performed, time and one-half (1½) shall be paid for such scheduled hours worked. Under this provision, any vacation or sick time shall be paid at the employee's basic hourly rate.
SECTION 9. The Company agrees that there will be no change in the regularly scheduled shifts and shift hours during the term of this Agreement without notification to, and discussion with, the Union at least ten (10) days prior to the effective date thereof.
A definite reporting time and place shall be established by the Employer and the Union covering all employees. If the Employer necessitates a change in a new permanent reporting place, it shall be discussed by the Employer and the Union in advance of implementation.
The Union shall not arbitrarily or capriciously disagree that the Company may necessitate such change. If no agreement is reached, the Company can put into effect such changes, subject to the grievance and arbitration procedure as spelled out in this Agreement.
In the event a change in the regularly scheduled hours or shifts becomes necessary, the following procedure shall apply:
The senior employee in the classification shall be given the first choice, and should he or she refuse, then the Company shall go down the seniority list. Should no senior employee accept the change of hours or shifts, then the person or persons with least seniority shall be assigned.
Service Representatives qualified for shift schedule coverage include employees in Service Representative A and B classifications.
If a temporary shift change is required because of absence of an employee, the Company will give three (3) days notice to the junior qualified employee that he/she will be required to fill the vacant shift if no volunteers are available. The Company will cover the three (3) day period by overtime, first by volunteers and then by junior qualified employees.
Employees affected by shift changes who advise their supervisors that such change will affect their ability to meet their child care responsibilities will be given up to twenty (20) additional working days to meet their shift coverage requirements. In such event, the Company will attempt to fill the shift temporarily on a voluntary basis, prior to assigning the shift to the next junior qualified employees.
SECTION 10. Two (2) employees presently performing commercial and industrial service work shall continue with this as their primary assignment until death, retirement, incapacity, or until they bid out of the assignment. In the event of any of these conditions, the Company will post the vacancy. Commercial and industrial work in excess of the two (2) employees will be distributed among employees in the Service Representative classifications.
SECTION 11. An employee bidding to a higher pay classification shall receive a minimum increase of twenty-five cents ($.25) per hour up to the top of the rate.
SECTION 12. An employee temporarily assigned by supervision to a higher paying job will receive the rate of the employee whom he or she replaces for that day. Coverage for coffee breaks, lunch periods, and answering telephones is not to be considered an assignment under this section.
In the event an employee is assigned by supervision to perform work in a higher classification, he or she shall receive the mid-point of rate range or one dollar ($1.00), whichever is higher, up to the rate range maximum of the classification for that day. Coverage for coffee breaks, lunch periods, and answering telephones is not to be considered an assignment under this section.
A street department employee temporarily upgraded to a Chief Distribution Fitter will receive a minimum of one dollar ($1.00) per hour when upgraded.
A. If an employee is unable to perform the essential functions or fundamental duties of his/her job and is transferred to a job where he/she is able to perform the duties, his/her current rate of pay, if higher than his/her new job rate, will be red-circled and the employee will not receive any general increase until the rate of the new job catches up to his/her red-circled rate.
B. If the Company transfers an employee or an employee bids to another job because of work reduction or other reasons including job elimination, and if the employee's rate is greater than the rate of the new job rate, his/her rate will be red-circled until such time that the employee is transferred or bids out of that job into another job. The employee will receive all general rate increases.
Under paragraph A, transferred employees with twenty (20) or more years of service will be red-circled no more than three (3) job rates below their former job rate, and employees with thirty (30) or more years of service will be red-circled no more than one (1) job rate below their former job rate. The Company will give the Union ten (10) days notice of such transfers.
Transfers under section B due to work reductions, job elimination, and "other reasons" as stated in this Section will be made by seniority and will adhere to the bumping procedures described in Article VI of the Agreement.
An employee temporarily assigned to perform work in a lower-rated classification shall retain his or her regular rate of pay.