AGREEMENT BETWEEN PEOPLES NATURAL GAS COMPANY LLC AND Fairmont West Virginia UTILITY WORKERS UNION OF AMERICALocal 666 AFL-CIO Effective Through October 31, 2015

TABLE OF CONTENTS

Page

PREAMBLE   1

Article I PURPOSE OF AGREEMENT   1

Article II RECOGNITION   1

Article III RESPONSIBILITIES   1

Article IV MEETINGS   1

Article V GRIEVANCE PROCEDURE   1

Article VI ARBITRATION   3

Article VII STRIKES AND LOCKOUTS   3

Article VIII NONDISCRIMINATION   4

Article IX BENEFITS   4

Providers   4

Medical Plan   5

Dental Plan   5

Vision Plan   6

Life/Accidental Death and Dismemberment (AD&D)   6

Flexible Spending Accounts   7

LONG TERM DISABILITY (LTD)   8

SAVINGS PLAN   8

Eligibility   8

Allowable Employee Contributions   8

Company Match   9

Investment Funds   9

Loans   9

Withdrawals   9

Rollover Option   9

Distribution Options at Termination and Retirement   9

Pension Plan   10

Supplemental Defined Contributions   10

Eligibility and Participation   10

Retiree Life Insurance Plan   10

Retiree Medical   10

Article X WAGES   11

Annual Performance Incentive Plan   12

Article XI PREMIUM PAY   12

Article XII HEALTH AND SAFETY   12

Article XIII CONTRACTING WORK   13

Article XIV WORKING HOURS   14

Article XV WEATHER CONDITIONS   16

Article XVI ASSIGNMENT OF WORK   16

Article XVII HOLIDAYS   16

Article XVIII VACATIONS   17

Article XIX SICK OCCURRENCES/ABSENCE MANAGEMENT   18

Article XX PUBLIC SERVICE   19

Article XXI TIME OFF ALLOWED – DEATH IN FAMILY   20

Article XXII EXPENSES   20

Article XXIII AUTOMOBILE MILEAGE ALLOWANCE   21

Article XXIV LAYOFFS   21

Article XXV JOB NOTIFICATION AND SELECTION   21

Article XXVI DISABLED EMPLOYEES   23

Article XXVII DEMOTION, SUSPENSION, AND DISCHARGE   24

Article XXVIII TRAINEES   24

Article XXIX NEW EMPLOYEES   25

Article XXX LOSS OF DRIVING PRIVILEGES   25

Article XXXI UNION SECURITY…………………………………………….…………………………………….27

AGREEMENT – Involuntary Severance Due to Merger or Acquisition   28

Article XXXII DRUG TESTING POLICY…………………………………………………………………………..29

Article XXXIII TERMS OF AGREEMENT   29

Classified Rate Schedule-Employees As of Date of Ratification ……………………………………………………31

PREAMBLE

AGREEMENT made January ___, 2015, by and between PEOPLES NATURAL GAS COMPANY, LLC, hereinafter referred to as the “Company,” and UTILITY WORKER’S UNION of AMERICA Local 666, AFL-CIO, hereinafter referred to as the “Union.”

Article I PURPOSE OF AGREEMENT

The purpose of this Agreement is to provide means whereby representatives of the Union shall deal with the Company in matters of wages, hours, working conditions, and the adjustment of grievances.

Article II RECOGNITION

Section 1

The Company recognizes the Union as the exclusive bargaining agency for the employees of the Company, covered by the Classified Rate Schedule incorporated in the Agreement.

Section 2

The Company agrees that if during the life of this Agreement it discontinues operations, sells, leases, transfers or assigns the operations covered by this Agreement, it shall inform the purchaser, lessee, transferee, or assignees of the exact terms of this Agreement and shall make the sale, lease, transfer or assignment conditional upon the purchaser, lessee, transferee or assignee assuming all the obligations of the agreement until its expiration date and treating the affected employees of the bargaining unit in accordance with the terms of this Agreement.

Article III RESPONSIBILITIES

Section 1

The management of the work, business, and operation of the Company is recognized as exclusively the function of the Company except as limited by the provisions of this Agreement.

Section 2

The administration of this Agreement and subsequent agreements is the joint concern and responsibility of both the Company and the Union.

Article IV MEETINGS

Section 1

Informational meetings shall be held with officers and representatives of the Company upon request by either party. Such meetings will be held within thirty (30) calendar days after receipt of the request.

Section 2

An agenda shall be prepared by representatives of the Union and/or representatives of Management prior to a scheduled meeting.

Article V GRIEVANCE PROCEDURE

Section 1

It is the intent of the parties to this Agreement that the procedures set forth herein shall serve as a means for the peaceful settlement of all grievances. A “grievance” is defined as any complaint or dispute, which involves the interpretation, application of, or compliance with the provisions of this Agreement or any past practice, local agreement, or other mutually recognized working condition or term or condition of employment.

Section 2

Informational Step. Any employee who feels that he or she has a grievance will first seek to have the matter adjusted with his immediate supervisor either personally, with, or through his elected representative. Such attempted adjustment shall not extend the time limitations set forth in Section 3.

Section 3

A completed Union grievance form must be received by the Company within 30 calendar days from the time of the alleged occurrence, except grievances on job selection must be received within seven (7) calendar days after the selection. Grievances filed outside the time limits set forth above are deemed null and void and resolved on a non precedent-setting basis, and may not be further processed or re-filed. Grievances may not be held in abeyance at or before any grievance step without the mutual consent of the parties.

Step 1. A Step 1 grievance meeting shall be held within 45 days of the receipt of the completed grievance form referenced in Section 3. Management reserves the right to combine Step 1 grievance meetings, as it deems appropriate.

Step 1 meetings may be attended by no more than two (2) representatives designated by the Union. Notwithstanding the fact that multiple grievants may sign a grievance, only one (1) grievant may be present at the Step 1 meeting. The Company will compensate the Union representatives, but not the grievants, for time away from work attending the Step 1 meeting. At least one (1) Union representative and one (1) Company official attending the Step 1 meeting shall have authority to resolve the grievance. Management will give a written answer to the grievance within five (5) workdays of the Step 1 meeting by completing the Management Viewpoint section of the grievance form. “Union representative(s)” means any Union representative, irrespective of which Peoples entity the Union representative is employed by.

Step 2. All grievances unresolved at the conclusion of the Step 1 meetings shall be heard at the Step 2 meeting in the month in which the Step 1 meeting occurred. Step 2 meetings shall be held the last Wednesday of each month at a neutral site mutually agreed upon by both parties. The Union will have responsibility each month for securing this site, and both parties will share the cost of the meeting room equally. The meeting shall continue from day to day until all unresolved grievances have been considered. The Company will compensate the Union president or his designee, the Union vice president or his designee, and the Union officer who attended the Step 1 grievance meetings relative to the grievances being heard at the Step 2 meeting for time away from work attending the Step 2 meeting. The local representative may attend that portion of the Step 2 meeting at which grievances filed within his locality are discussed. The Company will compensate the local representative, but not the grievants, for time away from work attending the meeting. At least one Union representative and one Company official attending the Step 2 meetings shall have authority to resolve the grievance. The Company shall give a written answer to the grievance within 10 working days of the Step 2 meeting. If the Company fails to respond to any grievance within the time limit, the grievance shall be treated as granted on a non precedent-setting basis.

Section 4

The Union must select and process one (1) grievance to Step 2 and beyond when multiple grievances arise from the same occurrence. Any grievance relating or pertaining to said grievance, which is not so identified and processed, will be deemed null and void.

Section 5

Except as provided in Section 2, after a grievance has been filed by an employee, there shall not be discussion or adjustment of that grievance between the employee and Management.

Section 6

All grievance meetings will begin promptly at a reasonable time mutually agreed to by both parties. Any grievance(s) not heard at the conclusion of the Step 1 meeting due to the meeting not commencing at the designated time will be deferred for hearing until the next scheduled Step 1 meeting.

Article VI ARBITRATION

Section 1

Disputes as to the interpretation of the terms and provisions of this Agreement, if not settled through Article V – Grievance Procedure, may be submitted to an arbitrator, provided the request is made to the Company by certified mail within forty-five (45) working days of the receipt of the Company’s Step 2 response letter. Arbitrators shall be selected as set forth in Section 5 of this Article. Once an arbitrator is selected for a grieved issue, arbitration for said grievance will be held within six (6) months of receiving a list of the dates presented by the arbitrator.

Section 2

Requests for arbitration filed outside the time limit set forth in Section 1 shall be deemed null and void and may not be further processed or re-filed.

Section 3

The decision of the arbitrator shall be limited solely to the issues specifically submitted and shall in no way modify or amend the terms of this Agreement.

Section 4

The decision of the arbitrator shall be submitted in writing and shall be final and binding on the employees, the Company, and the Union, and shall conclusively determine the dispute for the life of this Agreement. The Company and the Union shall bear the expenses of their respective appointees, representatives, and witnesses, but shall share equally the expense of the arbitrator.

Section 5

A panel of arbitrators shall be requested from the Federal Mediation and Conciliation Service. The request for a panel of arbitrators shall specify that a list of seven (7) arbitrators, all of whom are members of the National Academy of Arbitrators, shall be provided to the parties. Within ten days of receipt of the list, either party may request the Federal Mediation and Conciliation Service to provide the parties a second list of arbitrators, also composed of seven (7) persons who are members of the National Academy of Arbitrators. If a second list is requested, selection of an arbitrator shall be made as hereinafter set forth from the second list. If no second list is requested, selection of an arbitrator shall be made from the initial list so provided. Selection of an arbitrator shall be made by each party alternately striking the name of one arbitrator from the list until the name of one arbitrator remains. The last arbitrator remaining shall be the arbitrator selected to hear the grievance. If the grievance involves a matter of discipline, the Company shall first strike the name of an arbitrator from the list, otherwise the Union shall first strike the name of an arbitrator from the list.

Article VII STRIKES AND LOCKOUTS

Neither the Union nor anyone covered by this Agreement shall, during the life of this Agreement, instigate, encourage, or take part in any strike, curtailment, or restriction of work either directly or in sympathy for third parties.

The Company agrees that during the life of this Agreement there shall be no lockout of employees.

It is agreed by Union and Management that during the life of this Agreement no employee(s) shall be required to cross a third party picket line if the employee(s) safety is in danger.

If it is necessary to cross a picket line in order to perform work and if it is not possible to do so, such should be reported to his immediate supervisor. The supervisor will report the information to either the Vice President of Operations or the Vice President of Human Resources, who will contact an officer of the Union and resolve the situation.

Article VIII NONDISCRIMINATION

Section 1

No discrimination shall be made by the Company or the Union against any employee because of race, creed, color, religion, national origin, sex, sexual orientation, age, ancestry, disability, genetics, or because of membership or non-membership in the Union.

Section 2

Certain jobs listed in the Classified Wage Earner Rate Schedule contain the word “man.” These titles carry no implied preference for either male or female employees.

Article IX BENEFITS

The benefit plans for employees represented by the Union shall be governed solely by the provisions of the following Union Employee Benefit Plans: Medical Plan, Dental Plan, Vision Plan, Employee Life/AD&D Plan, Dependent Life Plan, Long–Term Disability Plan, Flexible Spending Accounts, Health Savings Account, Savings (401-k) Plan as currently applicable to bargaining unit employees as of October 16, 2014, Defined Benefit Cash Balance Pension Plan as currently applicable to bargaining unit employees as of October 16, 2014, Retiree Medical and Life Plans. No proposed changes affecting plan design, providers, deductibles, co-pays, benefits, including the level of benefits, or plan design will be implemented unless agreed upon in writing by the Union, except that in circumstances where insurance providers invoke plan design or provider changes, including but not limited to retiree medical benefits that are provided through an insured plan, the Company may substitute a plan that is as substantially similar to the existing plan as possible. The Company and the Union agree that the side agreement set forth in the December 29, 2014 side letter between the parties shall remain in effect and is incorporated herein by reference.

 

Included here-in is a brief overview of the plans. The plan design for medical coverage for active employees is attached hereto and is captioned “Active Employee Medical Plan Design” and the plan design for medical coverage for employees retiring from employment on and after the date of ratification of this agreement is attached hereto and is captioned “Retiree Medical Plan Design” These overviews are not intended to provide all details about the plans. Employee pre-tax payroll contributions, deductibles and out-of-pocket maximums shown are effective January 1, 2015. Summary plan documents are available in Human Resources.

 

Providers

 

Medical Plans –Benefit design and rates as presented in open enrollment

Employees will have two health plan options, a PPO plan and a Qualified High Deductible Health Plan (QHDHP) with a Health Savings Account (HSA) that can be used to pay current medical expenses as well as to save for future qualified healthcare expenses on a tax advantaged basis. The QHDHP has been designed to be a lower cost option and promotes consumerism within Peoples’ medical plan offerings. Under a QHDHP employees pay out of pocket for the full cost of their medical expenses until they meet the deductible, including the full cost of office visits and prescriptions (network discounts will apply). After the deductible is met, benefits are paid at 80% up to the maximum out-of-pocket total. When employees elect the QHDHP, they will also have the opportunity to participate in the HSA. Peoples will make a contribution to the HSA of $750 for individual coverage or $1,000 for two-person or family coverage. For 2015, an additional employer HSA contribution of $750 for individual coverage and $1,000 for two-person or family coverage will be made for a total HSA contribution of $1,500 for individual coverage and $2,000 for two-person or family coverage. Employees may make additional pre-tax contributions to the HSA not to exceed IRS limits. Employees can use their HSA pretax contribution to pay for current healthcare expenses or can save their funds for future needs.

 

The QHDHP will be provided by United Healthcare only. The PPO plan will be provided by both Highmark and United Healthcare.

 

2015 Monthly employee contributions for the QHDHP are as follows:

 

Medical Benefits	Highmark/Blue Cross Blue Shield
Medical Benefits	United
Vision Benefits	Highmark/Davis Vision
Dental Benefits	MetLife
Life/AD&D/Optional Life/Long-Term Disability	MetLife
FSA/HSA	Benefit Wallet

 

2015 Monthly employee contributions for the PPO plan are as follows:

 

Employee Only	$59.00
Employee + Child(ren)	$141.95
Employee + Spouse	$158.94
Employee + Family	$182.54
Employee+Domestic Partner	414.79
Employee+Child(ren)+Domestic Partner	497.74

 

 

PPO Plan Design

• Deductible: $229 individual/$448 family

• Plan Payment Level – In-Network – 90% after deductible; Out-of-Network – 70% after deductible.

• Out-of-pocket maximum: In-Network – $1,008 individual /$2,014 family;

• Out-of-Network – $1,937 individual /$3,872 family

• The medical plan includes prescription and mental health coverage.

 

*Receive $100/month payment to waive medical coverage.

Dental Plan

• Deductible: $25 individual/$75 family

• Annual Maximum: $1,500 per person

• Orthodontia Lifetime Maximum: $1,500

• In-Network Features:

• 100% for Type A – ex: cleanings, oral examinations

• 90% for Type B – ex: fillings, TMJ

• 60% for Type C – ex: bridges, dentures, orthodontia

Dental premiums will be as listed below. Dental premiums effective January 1, 2015, and for the term of this agreement, will be shared by the employer and employee at a 70% company paid, 30% employee paid cost ratio.

Employee Only	$245.00
Employee + Child(ren)	$245.00
Employee + Spouse	$245.00
Employee + Family	$245.00
Employee+Domestic Partner	709.49
Employee+Child(ren)+Domestic Partner	709.49

 

Vision Plan

• In-Network Features:

• Exams, lenses, contact lenses once every calendar year

• Frames once every other calendar year

• Exams covered in full

• Fashion and Designer level frames from “The Collection”/lenses covered in full

• Contact lenses (in lieu of eyeglasses) once every calendar year

 

Vision premiums effective January 1, 2015, and for the term of this agreement, will be shared by the employer and employee at a 60% company paid, 40% employee paid cost ratio.

2015 Dental Plan Monthly Employee Contribution Rates
Employee Only	$8.36
Employee + Child(ren)	$22.01
Employee + Spouse	$18.23
Employee + Family	$35.48
Employee + Domestic Partner	$36.23
Employee + Child(ren) + Domestic Partner	$49.88

 

Life/Accidental Death and Dismemberment (AD&D)

The Company will provide term life/AD&D insurance in the amount of employee’s annual base pay, rounded up to the next $1,000. This amount of insurance is automatically provided. Employees will have the option of purchasing additional group-term coverage in multiples of pay up to four times annual base pay, rounded up to the next $1,000 for a total of five times annual base pay. Employees will also have the option of purchasing spouse and dependent life insurance.

• 1 times base pay life/AD&D insurance is Company paid

• 2-4 times base pay life insurance may be purchased by employee

 

2015 Vision Plan Monthly Employee Contribution Rates
Employee Only	$2.53
Employee + Child(ren)	$5.10
Employee + Spouse	$5.06
Employee + Family	$7.00
Employee + Domestic Partner	$8.86
Employee + Child(ren) + Domestic Partner	$11.43

 

• Employees can purchase 1 to 4 times their basic annual earnings, to a maximum of $300,000.

Note 1: Employees with SBI/Special Life may elect instead to continue their coverage.

Note 2: Coverage subject to imputed income rules.

Note 3: Actual contribution rates for 2012 and future years will be set by the Insurance Co.

 

2015 Optional Life Monthly Employee Contribution Rates
Employee’s Age on January 1, 2011	Per $1,000 of Coverage
<25	$0.062
25-29	$0.066
30-34	$0.088
35-39	$0.107
40-44	$0.126
45-49	$0.187
50-54	$0.311
55-59	$0.555
60-64	$0.781
65-69	$1.397
70+	$2.266

 

Employees can select $5,000 to $250,000, in $5,000 increments, not to exceed 100% of their total coverage amount.

2015 Spouse Life Monthly Employee Contribution Rates
Spouse’s Age on January 1, 2015	Per $1,000 of Coverage
<25	$0.034
25-29	$0.038
30-34	$0.049
35-39	$0.065
40-44	$0.085
45-49	$0.112
50-54	$0.185
55-59	$0.285
60-64	$0.464
65-69	$0.824
70+	$1.424

 

• Employees can select $2,500, $5,000, $7,500 or $10,000. Covers all eligible children. Ages 15 days to 19 years old, or 25 years old if a child is a full-time student.

 

Flexible Spending Accounts

Flexible Spending Accounts provide a tax benefit by allowing employees to pay for certain health care and dependent day care out-of-pocket expenses with pre-tax dollars. All dollars in the account must be used each year. Any unspent funds at year-end cannot be refunded or carried over to the next year (per IRS regulations). A grace period is offered to allow expenses to be incurred through March 15. The following two flexible spending accounts are available:

Health Care Reimbursement Account: Employee may contribute up to IRS Maximum

Dependent Day Care Reimbursement Account: Employee may contribute up to IRS Maximum.

LONG TERM DISABILITY (LTD)

LTD coverage provides financial protection in the event an employee cannot work for a long period of time because of an accident or personal illness. The LTD plan pays the employee a monthly benefit for as long as employee is disabled, as defined by the plan, beginning after employee has been continuously disabled for at least 180 days and continuing up to age 65, unless employee recovers.

Employees automatically receive LTD coverage in the amount of 60% of normal monthly earnings at no cost.

IRS Ruling 2004-55 will be used to determine taxability of the LTD benefit. This provision of the tax code allows the employee to decide whether the premium for the coverage is to be taxed (post-tax) or the amount of the LTD benefit is to be taxed (pre-tax).

Post-Tax: The premium for this coverage is included on the employee’s W-2 as taxable income and employee would receive the LTD benefit at the time of disability on a tax free basis.

Pre-Tax: The premium for the cost of coverage is not included on the employee’s W-2 as taxable income, and at the time of disability employee would be responsible for paying taxes on the benefit payment.

Notes:

1.   Employees who qualify for LTD benefits will be able to continue medical coverage, including eligible family members who are covered under the medical plan at the time of disability. The employee will still be required to pay their monthly contribution. Plan provisions may change annually. The employee is eligible to continue medical coverage with contribution payments as long as they meet the definition of disabled and continue as an eligible participant under the LTD plan. If LTD coverage terminates or the employee dies, the medical coverage will terminate at the end of the month in which the LTD eligibility ends.

SAVINGS PLAN

Eligibility

All regular full-time employees scheduled to work or who actually work 1,000 hours per year and who are at least 18 years of age.

Allowable Employee Contributions

• 2% – 50% of compensation on a pretax basis – not to exceed IRS regulations

• 2% – 20% of compensation on an after-tax basis

• 2% – 50% of compensation on a combination of pretax or after-tax basis; after-tax contributions limited to 20%

 

Catch up contributions permitted.

Compensation is actual base pay received.

Allowable employee contributions for bargaining unit employees will at all times be the same as those in effect for PNG non-highly compensated salaried employees.

Company Match

• Less than 5 years of service          100% match up to 4%

• At least 5 but less than 15 years of service    100% match up to 5%

• At least 15 but less than 25 years of service    100% match up to 6%

• Twenty five years or more of service       100% up to 7%

 

Company match vests after 3 years of service or immediately upon retirement, disability or death.

Investment Funds

Investment funds for bargaining unit employees will at all times be the same as those in effect for PNG salaried employees.

Loans

Permits two outstanding at one time

Minimum Loan Amount – $1,000

Maximum Loan Amount – lesser of 50% of total vested account or $50,000, minus highest outstanding loan balance during last 12 months

Term – minimum of 12 months and a maximum of 60 months

One time loan fee of $250 per loan

 

Withdrawals

One in-service withdrawal permitted per calendar year

After-tax amounts and company match (must be in account for 24 months) are available for in-service withdrawal

Age 59 ½ withdrawal of total vested account balance (company match must be in account for 24 months)

Hardship withdrawals under IRS “safe harbor” rules with 6-month suspension

“Standing” withdrawals eliminated

 

Rollover Option

While an employee, withdrawals can be rolled over into a personal IRA.

Distribution Options at Termination and Retirement

Lump sum

As soon as administratively possible

Deferred until age 70 ½ if account balance greater than $5,000 (after exclusion of Rollover contributions)

Installments (available only upon retirement)

Commencing at retirement and paid according to life expectancy tables

Paid the first of day of each calendar quarter

On demand distributions not permitted

 

Miscellaneous

Quarterly individual participant account statements

Internet access allows employees to receive current account information, change their contribution percentages, change the way their contributions are invested, make transfer between investments, request certain distributions, and obtain performance information

Pension Plan Cash Balance Plan Contributions

From and after the date of ratification of this agreement, all employees will receive an annual company contribution equal to 4 to 7% of base pay dependent upon company service, to be paid into the Defined Benefit Cash Balance Pension Plan currently applicable to employees in the bargaining unit as of October 16, 2014.

For each month, a pay credit shall be allocated to each employee’s account equal to the percentage of the employee’s earnings for the month as set forth as follows:

Fewer than five years of service         4% of base pay

At least five but fewer than 15 years of service   5% of base pay

At least 15 but fewer than 25 years of service   6% of base pay

Twenty-five (25) or more years of service   7% of base pay

 

Eligibility and Participation

All regular full-time and part-time employees scheduled to work at least 1,000 hours per year and who are at least 18 years of age are eligible to participate. Participation automatically begins on your date of hire or your 18th birthday, whichever is later.

Retiree Life Insurance Plan

Employees retiring with at least 10 years of service will automatically receive life insurance in the amount of 50% of their base pay at the time of retirement, up to a maximum amount of $50,000. This coverage is provided at no cost to the retiree.

Retiree Medical

With the exception of employees who elect to maintain their Medical Savings Account, Employees with 10 or more years of service who retire on or after the date of ratification of this agreement, who are not Medicare eligible, and their covered dependents, will be provided medical coverage under the Retiree Medical Plan. The participant’s monthly contribution rates for 2015 shall be $136.78per individual/$190.45per family. The Union agrees to reimburse the Company through the VEBA for retiree medical premiums paid by the company on behalf of the retiree. Effective January 1, 2015, monthly contribution rates will increase based on the percentage increase in the medical component of the consumer price index. In no event will monthly contributions increase by more than 5% per year.

With the exception of employees who elect to maintain their Medical Savings Account, Employees with ten (10) or more years of service who retire on or after the date of ratification of this agreement who are Medicare eligible (generally age 65 and over), and their covered dependents, will be covered by a Medicare PPO. Effective January 1, 2015, monthly contribution rates will increase based on the percentage increase in the medical component of the consumer price index. In no event will monthly contributions increase by more than 5% per year.

With the exception of employees who elected to maintain their Medical Savings Accounts, effective January 25, 2015, for employees covered by this agreement, the Company shall contribute each month to the Utility Workers of America Union Health and Welfare Fund an amount equal to 2.5% of gross pay for each employee covered by this agreement, with no additional increases during the term of this agreement.

The Union agrees to reimburse the Company through the VEBA for premiums paid by the Company on behalf of retirees enrolled in the Peoples Health Care Plan.

All such contributions shall be used for the exclusive purpose of paying retiree medical benefits in accordance with the Participation Agreement.

It is further agreed that no costs or fees of administering the Supplemental Health Plan for the PNG Active and Retired Participants shall be borne by the Company. In the event the Participation Agreement ceases or is terminated, the UWUA Fund ceases or is insolvent or terminated, the employer’s obligations under Article IX, Summary Plan Description and Participation Agreement cease and shall not be renewed. The contribution rates (to the fund), outlined above will be paid to the employees as additional wages and the employees will be responsible for all payments required to continue coverage.

The Company agrees to the substitution of another multi-employer VEBA for the SEIU Health and Welfare Fund and/or the UWUA Health and Welfare Fund, provided that the Participation Agreement of the new VEBA is substantially similar to the current Participation Agreement and requires no obligations on the part of the company that are not already imposed by the current Participation Agreement. Specifically, the Company’s sole responsibility must continue to be to make contributions referenced herein to the new VEBA, and the Company and its non-union employees will have no fiduciary, financial or other responsibilities for the new VEBA. Such Company contributions shall be used for the exclusive purpose of paying medical benefits in accordance with the Participation Agreement.

All employees will have a one time opportunity to either maintain their Medical Savings Account or convert to the Local 666 Retiree Medical Plan. If an employee chooses this one time opportunity to convert his/her MSA to the Local 666 Retiree Medical Plan, the balance of money in his/her Medical Savings Account will be deposited into the Local 666 VEBA. Employees who elect to maintain their Medical Savings Account will receive an annual contribution of $1000 to their Medical savings account under the plan currently applicable to employees in the bargaining unit as of October 16, 2014. This option shall be exercised within 30 days of the ratification of this contract.

• Miscellaneous- Total company service will count toward vesting for all benefit calculations. “Total company service” includes the service that the company has credited bargaining unit employees with immediately prior to the date of ratification of this agreement, including any service that current Fairmont employees were credited with as a result of employment with entities acquired by the company.

 

 

Article X WAGES

Section 1

The Company and the Union agree that effective with the beginning of the first pay period in January 2015 wages shall be as set forth in the Classified Rate Schedule.

Section 2

Employees actively employed as of January 18, 2015 will have the option to receive a lump sum payment of $1,000 to be paid on February 6, 2015 or to have the Company make a $1,000 non-taxable contribution to the employee’s Health Savings Account.

Annual Performance Incentive Plan

Participation in the Annual Performance Incentive Program (“APIP”) for 2015 Program Year: Union eligible employees will be eligible to share in the Peoples Natural Gas APIP for the 2015 Program Year subject to the terms outlined below. Goals, goal-weighting and payout provisions will be consistent with those established for salaried employees. Incentive awards will be prorated for new hires, and for employees who retire or are on disability during the Program Year.

2015 —– Program Year:

In the event that annual goals are achieved, Union eligible employees will qualify for a target payout of five percent (5%) of Qualified Earnings (base pay and overtime) with the same provisions as described to salaried employees. Such payout will occur in February following the close of the calendar year.

Incentive award will be prorated for new hires, and for employees who retire or are on disability during the year. Incentive awards are subject to all applicable taxes, and are not considered compensation for benefits purposes, or for computing base pay, Savings Plan contributions or Pension Plan calculations.

Section 3

Employee paychecks will be directly deposited into an account designated by the employee, provided the bank is approved by the Company.

Section 4

When an employee works in a cross classification, he will be paid at the appropriate rate.

Section 5

2143 time is thirty-two and a half (32.5) percent.

Article XI PREMIUM PAY

Section 1

Shift Premium. A shift premium of 75 cents per hour will be paid to employees while assigned to scheduled hours of work, the majority of which occur within the period from 4:00 p.m. to 8:00 a.m.

Section 2

Premium for Sunday work. A premium of $1.50 per hour shall be paid for all hours of work on Sunday.

Article XII HEALTH AND SAFETY

Section 1

The Company agrees to furnish safe, healthful, and sanitary working conditions.

While the Company has the responsibility of implementing safety policies and conducting safety programs, it is recognized that bargaining unit employees will be responsible for adhering to these policies and programs, as the Company may deem necessary.

Nothing in this section shall limit an employee’s access to the grievance procedure.

Section 2

The Local Union Safety Coordinator shall be elected in each location and will operate in accordance with policies developed by the Joint Union Management Safety Committee. The duties of local Safety Coordinators and Responsibility Groups are outlined in the “Care Coordinators Duties” document dated June 1, 2011.

Section 3

The Company agrees to conduct a Safety Training Program for the Union. The program shall be one day, to be conducted each year for Union Officers and all Union Safety Coordinators designated in Section 2 of this Article.

Section 4

Plant inspection tours and job site safety inspections shall be conducted bimonthly, with the Local Union Safety Coordinator in attendance. A report will be sent by the local Management Safety Coordinator to the Union Safety Chairman and Management’s designated safety representative within two (2) weeks of the inspection. Once each year the bimonthly inspection tour will consist of job site safety inspections conducted by the local Safety Coordinators, a representative from the Safety and Training Department and the Union Safety Chairman.

Section 5

The Union Safety Chairman and Management’s designated safety representative or the Accident Prevention Representative shall meet periodically to discuss safety issues and concerns, unless mutually agreed otherwise.

Section 6

An alleged unsafe, unhealthful, or unsanitary working condition should be reported by the employee to his supervisor and the Responsibility Group Safety Representative. If the matter is not resolved within a reasonable time, it should be reported by the employee or the Union to the Safety Coordinators. They will meet with the employee, his supervisor, and the Responsibility Group Safety Representatives. Management’s designated safety representative and the Union Safety Chairman will be available to provide guidance to the local Safety Coordinators, if necessary. If the situation is not resolved by the Safety Coordinators, the findings are reported through the appropriate management levels for disposition.

Section 7

All accidents and unsafe conditions investigated by the CARE coordinators will be reported to the Union Safety Chair by providing a copy of the accident investigation report within a reasonable time after Management’s designated safety representative receives it.

Article XIII CONTRACTING WORK

Section 1

Work contracted by the Company will not in any way cause layoff, the reduction of an employee’s classification, or the reduction of an employee’s normal workweek.

Section 2

While actual pipeline construction is in progress, employees inspecting contracted work will work the same schedule as the contractor. Employees assigned to inspect actual pipeline construction will receive a minimum of the rate paid to the Lead Pipeline Operator classification, which is currently $29.40 per hour.

Section 3

The Company will continue to use local 666 employees in the geographical areas and to the extent that they are used in those areas as of October 16, 2014.

 

Section 4

All Company equipment shall be hauled by bargaining unit employees if at all possible.

Section 5

The Company will notify the Union Executive Committee of all contracting of work performed during each calendar quarter. The notice shall be given within the first thirty (30) days of the following calendar quarter. This notification is for informational purposes only.

Section 6

In the event underwater leak repairs are necessary, the Company agrees to inform the Union Executive Committee of such scheduled work prior to the commencement of the job and assign a member of the bargaining unit to that job who will be responsible for operation of Company equipment and delivery of material to the underwater leak repair job.

Section 7

Bargaining Unit will be on site during the encapsulation and perform all work except epoxy mixing.

Article XIV WORKING HOURS

Section 1

Eight (8) consecutive hours shall constitute a workday.

Section 2

The workweek shall begin at 00:01 a.m. Sunday. Five (5) eight (8)-hour workdays shall constitute a workweek. Rest days shall be consecutive unless otherwise agreed upon. An employee shall be notified 48 hours prior to the start of the workweek of any schedule change.

Section 3

A normal shift or schedule will begin at 8:00 a.m., 4:00 p.m., or 12 midnight with a variation of one hour or less. Any schedules, which vary by more than one hour, will be presented in writing to the Employee and Human Resources Department. These schedules must be accepted by members of the Executive Committee of the Union and Local Management and Human Resources prior to implementation. Between April 1 and October 1 of each calendar year, commencing with the year 2014 (excludes Customer Service and other job classifications on alternative schedules), the normal daylight shift or schedule shall begin at 7:00 a.m. and shall end at 3:00 p.m.

Section 4

All hours worked in excess of eight (8) hours per day or forty (40) hours per week (i.e., 00:01 a.m. Sunday to midnight Saturday) shall be paid at the rate of time and one half. All hours worked in excess of sixteen consecutive hours shall be paid at two times their normal straight time rate for all hours worked after the sixteenth hour. All hours worked during the employee’s normal schedule will be paid at straight time.

Section 5

The appropriate premium rate shall be paid for all unscheduled hours of work. A minimum of three (3) hours will be paid for any call-out overtime, except that one and one half hours shall be paid for call-outs that are dispatched ninety (90) minutes or less prior to an employee’s regular schedule. One hour shall be paid for call-outs that, once made, are canceled if the cancellation is communicated to the employee before the employee leaves home. If the employee is called during free time for information, the employee shall be paid at overtime rates for the time spent providing the information, or for one hour, whichever is greater.

Should any callout overtime distribution errors result in a bargaining unit employee losing a work opportunity to another bargaining unit employee, the subject employee will be given makeup overtime, but in no way will the company be liable for direct payment of back wages in such a case. The make-up overtime will be for the same number of hours as the lost work opportunity. In instances where a callout overtime distribution error results in a bargaining unit employee losing a work opportunity to someone outside the bargaining unit, once it has been determined that an error has occurred, the affected employee will receive direct payment for the hours missed.

Section 6

It is recognized that due to conditions that may arise from time to time, employees may be required to work for extended periods of time in order to protect the public health and welfare and the interest of the Company. In such cases, the Company will make every effort to relieve the employees when they have worked sixteen (16) consecutive hours.

Employees will be afforded an eight hour break without loss of scheduled pay.

Section 7

Changes of employees’ straight-time working hours may be made within the limits of this Agreement upon not less than fifteen (15) hours notice.

Section 8

Employees shall not be required to take time off without pay to balance the weekly work schedules.

Section 9

It is agreed that there shall be no pyramidal of overtime premiums under any section of this Article.

Section 10

It is recognized by the Company and the Union that conditions may arise, which require employees to work more than their normal eight-hour schedules. In order to protect public health and welfare and the interests of the Company, employees and management will abide by the following:

It is the intent of the Company to try to distribute overtime equitably.

If an employee is needed for overtime work, he shall be obligated to work unless he can provide a reasonable explanation.

3.Callout overtime shall be distributed in accordance with the callout procedures established by management pursuant to the practices in existence as of October 16, 2014. Employees assigned weekend “On-Call” will receive a “On Call” pay of $150 for the entire weekend or extended holiday weekend.

All overtime shall be posted monthly on a departmental basis.

Section 11

Present practices relative thereby shall continue until changed by agreement of the parties. Overtime arising at the end of the day at any reporting headquarters shall be offered to such employees present in the crew room ten (10) minutes prior to quitting time according to the practice existing at each headquarters.

Article XV WEATHER CONDITIONS

Section 1

It is recognized that certain work and operations of the Company must be performed regardless of weather conditions. However, when practicable, employees may not be required to work out of doors in severe weather conditions.

Section 2

All bargaining unit employees who report to work under the Article will be assigned available work and will not suffer loss of straight time pay.

Section 3

Overtime under this Article shall consist of time actually worked, provided however that bargaining unit employees who report for scheduled overtime will be assigned available work for a minimum of two hours.

Article XVI ASSIGNMENT OF WORK

The Management agrees that Company employees not covered by this Agreement shall not perform classified work except for instructional purposes or when necessary in order to protect the health and safety of the public or except as provided for in Article XXIX – Trainees.

Article XVII HOLIDAYS

Section 1

Subject to necessary regulations, in order to maintain continuous service, all regular employees on active payrolls shall be granted the following named holidays with pay:

New Year’s Day (January 1)

• Martin Luther King Day (3rd Monday in January)

Good Friday (Friday preceding Easter)

Memorial Day (Last Monday in May)

Independence Day (July 4)

Labor Day (First Monday in September)

Veteran’s Day (November 11)

Thanksgiving Day (Fourth Thursday in November)

Day after Thanksgiving

Christmas Eve (December 24)

Christmas Day (December 25)

Personal Holiday (January 1 to December 31)* /

*Personal Holiday may be taken in ½ day increments

Section 2

Employees who may be scheduled to work on the actual holiday, or the day granted in lieu of the holiday, shall have the option of: 1) double-time and one half for the day worked, or 2) a day off at a time mutually agreeable to the employee and Management within the same pay period in which the holiday falls or the following pay period. This option shall exist unless the employee is scheduled to work both the actual holiday and the day in lieu of this holiday, then premium pay shall be limited to the actual holiday. Time worked before or after the regular work schedule shall be paid for at the rate of time and one-half.

Section 3

Time and one-half shall be paid for all unscheduled work on holidays in addition to straight time for the holiday, except that double time shall be paid for all unscheduled work in addition to straight time for the holidays on Thanksgiving Day and Christmas Day.

Section 4

In cases where the Company does not designate equivalent time off due to a holiday falling on an employee’s rest day, an employee entitled to a day off in lieu of said holiday shall take it at a time mutually agreeable to the employee and Management within the same pay period in which the holiday falls or the following pay period.

Section 5

In cases when an employee is off sick for a period of time which involves a holiday, the employee will not be charged with a sick day for the holiday. Likewise, if an employee is off on military leave, the employee will be given credit for the holiday and no military pay deduction will be made for that day.

Article XVIII VACATIONS

Section 1

The vacation season shall extend through the entire calendar year.

Section 2

All regular employees completing active service as of December 31 of a given year will be granted vacation with pay based on the following schedule:

2015 Dependent Life Monthly Employee Contribution Rates
Cost Per $2,500 of Coverage for Employee’s Child(ren)	$0.28

 

Regular employees may purchase up to one (1) week of vacation each year. Purchased vacation will be deducted from the employee’s pay for the vacation hours taken, at their regular rate of pay. Purchased vacation must be approved by the Company and cannot be carried over into the following year.

Section 3

It is understood and agreed that the preference of an employee’s requested vacation time shall be given consideration, and the vacation period must be taken at a time, which in the judgment of local management makes for the efficient operation of the unit concerned. It is recognized that it is desirable to take vacation in periods of not less than one (1) week. The scheduling of vacations for a period of less than one week, except in an emergency, shall be requested by the employee to his immediate supervisor prior to the beginning of the workweek. Three (3) days from their annual complement of vacation days may be taken without the notice requirements noted above, in the same manner as an employee’s Personal Holiday outlined in Article XVII. Two (2) of these three (3) vacation days may be taken in one-half (1/2) day increments.

Section 4

Employees shall indicate preference for vacation periods on a vacation schedule as required by Local Management.

Section 5

Employees will have the option to carry over one (1) week of vacation into the next calendar year. The postponed week will be taken in a full week increment during the following year and will be in accordance with Section 3 above. The request for carryover must be presented in writing to the employee’s supervisor no later than December 1 for vacations postponed into the next calendar year.

Section 6

   Up to four customer service technicians may be on vacation at the same time company wide, with the understanding that no more than two customer service technicians may be on vacation at the same time in the same bubble. This provision will expire on October 31, 2015 unless the parties agree to extend it.

Section 7

The parties recognize that some bargaining unit employees employed as of October 16, 2014 enjoy a vacation entitlement that is greater than the vacation entitlement described in Section 2 of this Article. Those employees shall continue to enjoy that greater vacation entitlement until such time as their vacation entitlement under this Agreement matches the vacation entitlement described in Section 2 of this Article, and from that time on, the vacation entitlement described in Section 2 of this Article shall apply.

Article XIX SICK OCCURRENCES/ABSENCE MANAGEMENT

Section 1

A maximum of three (3) sick occurrences or a combined total maximum of ten (10) working days per calendar year, under which a doctor’s excuse will not be required, may be taken in the event of illness. Employees exceeding three (3) occurrences or a maximum of ten (10) days in a calendar year will require appropriate medical documentation.

Section 2

Any employee leaving work (“home sick”) less than two hours after arrival will be considered to have incurred a sick day and an occurrence. If the employee obtains a medical excuse, he or she will not be charged with an occurrence. A doctor visit to obtain such an excuse may be paid for under the doctor visit portion of the bargaining unit medical plan.

In the event an employee working the four ten-hour day schedule must leave due to sickness, he will be required to stay at work a minimum of four hours before being able to charge “home sick”, which will not count against their sick benefits of sick refresh date. Employees working the standard five eight-hour day schedule must stay for a minimum of two (2) hours before charging “home sick”, the sick time recorded does not count against their sick benefits or sick refresh date.

Date of hire to 1 year of service 1-4   Years of Service	1 Week Vacation 2 Weeks Vacation
5-13   Years of Service	3 Weeks Vacation
14-21   Years of Service	4 Weeks Vacation
22-29   Years of Service	5 Weeks Vacation
30 or more Years of Service	6 Weeks Vacation
The additional week of vacation will be added in January of the anniversary year. (EX: Employee’s 5th anniversary date is June 9, 2011; he will receive 3 weeks of vacation effective January 1st of 2011.)

 

Section 3

Refresh provision. When an employee uses his/her sickness/disability benefit and then does not miss a full sick day within the next 182 calendar days (six months), the employee is restored to full benefits under the sickness/disability policy.

Section 4

The Company will not require employees to use leave under the Family and Medical Leave Act concurrently with other types of leaves granted under this agreement.

Article XX PUBLIC SERVICE

Section 1

Regular employees temporarily engaged in public service for which they are compensated from the public treasury, such as jury duty, witness duty, and election board service, shall receive their regular earnings in addition to the compensation received from the public treasury for each scheduled day that they are absent from work in performance of the above public duties.

Section 2

It is understood, however, that such absences shall be taken only with prior knowledge and approval of the employee’s immediate supervisor. Employees dismissed from the above duties prior to a scheduled workday shall report to work at the start of the scheduled workday. Employees dismissed from the above duties between 8:00 a.m. and 11:00 a.m. on a workday will report for work within a reasonable time.

Section 3

Employees, while engaged in public service, shall be scheduled to start at 8:00 a.m.

Article XXI TIME OFF ALLOWED – DEATH IN FAMILY

In cases of death in the immediate family, the employee will be allowed three (3) days with pay at straight-time rate.

Immediate family will include husband, wife, children, parents, brothers, sisters, legal guardian, mother-in-law or father-in-law, and grandchildren (includes step relatives as identified above).

Time off not to exceed one day to attend the funeral will be allowed for the following: spouse’s brothers or sisters, brother’s or sister’s spouse, grandfather, grandmother, spouse’s grandfather, spouse’s grandmother, employee’s aunts, uncles, sons-in-law, and daughters-in-law.

No additional time off allowed will be permitted beyond the three days provided.

Article XXII EXPENSES

Section 1

The Company will pay reasonable expense for travel, meals, and lodging of employees assigned to temporary duty, which requires them to be away from home overnight.

Section 2

The Company will pay a meal allowance to employees who are called out for unscheduled overtime and required to work four (4) hours or more. Employees will receive additional meal allowances for each four-hour period worked thereafter.

Section 3

The Company will pay a meal allowance to employees who are required to work two (2) hours or more past their normal work schedule. Employees will receive additional meal allowances for each four (4) hour period worked thereafter.

Section 4

If the period of time worked is less than four (4) hours, any time spent eating the meal will not be paid. If the period of time worked is more than four (4) hours, any time spent eating meals will be paid. Time spent eating meals will be paid up to one-half hour if required.

Section 5

Reimbursement shall be by paycheck no later than the second paycheck following submission of the appropriate form. If the reimbursement is not made in the second paycheck, the affected employee will be reimbursed through a separate expense check.

Section 6

Employees who are called out to work during the normal meal periods of 7:00 a.m. to 9:00 a.m., 11:00 a.m. to 1:00 p.m., and 4:00 p.m. to 6:00 p.m. will be entitled to a meal allowance in accordance with Article XXII, Section 2, and additional meal allowances every four hours thereafter until the overtime assignment is completed. These meal periods will be recognized for all call-out overtime assignments except those, which occur prior to an employee’s normal working hours in the morning. Employees who are called out in this manner and who continue to work on the overtime assignment through or until their normal starting time will be entitled to two meal allowances.

Section 7

Meal allowances paid under this Article will be equal to $ 12.00 for the life of this Agreement.

Article XXIII AUTOMOBILE MILEAGE ALLOWANCE

All employees who are authorized by the Company to use their own automobiles on Company business shall be paid mileage by the Company as follows:

Section 1

Employees shall be paid actual mileage excluding the distance to and from the employee’s residence and the district offices or reporting headquarters, or to and from the employee’s residence to the point where the day’s work begins. This Section shall not affect the mileage allowance of employees who are directed to report to scattered work locations.

Section 2

Where two or more eligible employees ride in one car, only one (1) mileage claim shall be allowed.

Section 3

All mileage claims are subject to the Company’s requirements for liability insurance coverage and must have the prior approval of Local Management.

Section 4

Payment for approved mileage shall be monthly at the prevailing Internal Revenue Code rate. If the Internal Revenue Service eliminates its mileage provision, payment shall be monthly at the Final Internal Revenue Code Rate.

Article XXIV LAYOFFS

Section 1

Layoffs of regular employees shall be administered on a seniority basis within the bargaining group applied Company wide.

Section 2

Recalls from layoffs shall be in the reverse order of layoffs.

Section 3

Employees laid off will retain recall rights for a thirty-six (36) month period from date of layoff.

 

Article XXV JOB NOTIFICATION AND SELECTION

Section 1

Job applicants must submit a job application for posted vacancies. In determining the selection of successful job applicants, the senior applicant will be selected at the rate for which he or she qualifies.

An employee may be given reasonable tests (oral, written, or practical) to assist Management in determining the employee’s qualifications.

An employee with ten (10) or more years of Total Company service will not be reduced in pay below the lead pipeline operator rate if selected for a lower job classification.

Section 2

It is understood and agreed that the Company will inform the Union of all bargaining unit job vacancies and the creation of new jobs. The procedure for such notification will be:

The Company will notify the Secretary of the Union in writing within thirty (30) calendar days of the job classification to be posted and the job shall be posted Company wide by the Secretary of the Union within fourteen (14) calendar days after the receipt of the notice, Jobs will be posted “As Qualified” except in a case of specific agreement to the contrary by the Executive Committee of the Union and the Human Resources Department. All selections will be made at the highest level for which the job applicant can qualify under Section 1 of this Article.

Employees eligible to bid on job vacancies shall apply in writing to Management within a seven (7) day period after a job has been posted by the Union.

Management shall, within seven (7) days, notify the Union of its selection or non-selection of an applicant to fill the job vacancy. After the selection is made, other applicants will have seven (7) days in which to present any grievance. No one shall be classified for the job he/she has been selected to fill until the grievance period has elapsed or until any grievance concerning the job has been disposed of. The employee selected for the job shall be assigned on a temporary basis and paid the classified rate for the job until the seven (7) day grievance period has elapsed or until any grievance concerning the selection has been resolved. The successful applicant for the job shall be properly classified on the first of the month following the seven (7) day temporary assignment or the final determination of any grievance concerning the selection to fill the job in question. Management shall identify all bidders, indicating their order of seniority, as soon as possible upon job close. Employees will have 24 hours (one working day) to decide to accept/decline the job. All bidders will have 24 hours to consider the job vacancy. In the event the senior bidder declines the job following the 24-hour period, the second senior bidder will be offered the job, upon which he will give his decision to accept/decline the job, and so forth, until a successful bidder accepts the position.

The notification of the Union as to the employee selected for a job vacancy as a result of job notification will be done in the same manner as the notification of job vacancies described in the first paragraph of this Section before the successful job applicant is notified by Management.

If a vacancy cannot be filled through job postings, Management may permanently assign the employee with the least seniority over four months.

Any unsuccessful applicants for a job vacancy will be told by their supervisor of the reason therefore, if the employee so requests.

It is agreed that upgrades within a job classification are not vacancies, and the Company in such cases is not required to notify the Union of a job vacancy.

The Union will be notified by the Employee and Labor Relations Department in writing no more than thirty (30) calendar days after the creation of all vacancies whether the classification is to be changed or eliminated and the reasons for such action outlined. If this notification is not presented, the job will be posted as vacated in accordance with Section 2 of this Article. In cases of retirement, the vacancy will be deemed to be created on the last day the employee physically works. In cases of vacancies created by job bidding, the notice period will be deemed to expire on the day following the expiration of the seven (7) day grievance period referred to in Section 2 of this Article, unless a grievance is filed within that period, in which case the notice period will expire on the fourteenth (14th) calendar day following the date that the grievance is resolved.

Section 3

If the Company intends to hire for a previously posted position that has been vacant for more than ninety (90) days, prior to the hiring of a new employee, the job will be re-posted for bid as prescribed under Section 2.

Section 4   Miscellaneous

April 24, 2014 shall be the Union seniority date for all bargaining unit employees employed as of April 24, 2014. The “Union Seniority date” is the date used when seniority is used for purposes of job bidding, layoff, vacation selection (but not length of vacation) and any other circumstance where a determination between or among bargaining unit employees must be made as to who is to be considered for the matter at hand. In the event a seniority tie breaker is needed for job bidding or any other circumstance described in this section, Total Company seniority will be used to break the tie. “Total Company Seniority” is defined in Article IX of this agreement.

Section 5   Progression and Retention (Welder and Measurement Technicians)

• Employees bidding into the Welder classification will be required to obtain welder certification and will have a two year stay-put requirement.

• Employees holding the position of Measurement Technician I will progress to a Measurement Technician II once they accumulate two years of experience as a Measurement Technician I and pass a skill and knowledge examination.

Article XXVI DISABLED EMPLOYEES

Section 1

Employees who have at least 10 years of Total Company service who are certified by the Health Services (coordinator in HR) as able to perform the duties of a job vacancy available shall return to work at a rate of pay equal to the rate for their classification at the time of disability plus all negotiated, upgraded, progression, or other contractual increases between the date of disability and the date of actual return to work. This rate will be maintained until their newly assigned classification rate equals that rate unless the newly assigned classification carries a higher rate.

If a job vacancy of which the Union has been notified under Article XXV, Section 2, is to be filled by a disabled employee, the Union shall be so informed by the Employee and Human Resources Department, and no further processing of the job vacancy shall be done.

Section 2

Any regular employee who becomes disabled as a result of compensable (on-the-job) accident and who is no longer able to perform the work of his classification shall have his present rate of pay maintained, including all negotiated increases, if he returns to work.

Article XXVII DEMOTION, SUSPENSION, AND DISCHARGE

Section 1

Demotions, suspensions, and discharges must be for just cause and must be imposed no later than 60 calendar days from the date the Employee and Labor Relations Department is notified of the incident.

Section 2

The President of the Union and the Representative of the headquarters where the employee reports shall be notified of demotions, suspensions, disciplines, and discharges. Notification shall be oral, followed by written notice from the Human Resources Consultant explaining the facts.

The Union president shall receive copies of all written warnings.

Section 3

The Company shall be obligated to discuss reassignment as a result of demotion with three members of the Union Executive Committee, the local representative, and the demoted employee.

Section 4

The Union and the Company agree that all disciplines for violation of the bargaining unit work rules will become stale and invalid upon the employee’s maintaining a clean record of any demotions, suspensions, disciplines, or disciplinary letters for four (4) years from the date of the last infraction. All written warnings for violation of bargaining unit work rules will become stale and invalid upon the employee’s maintaining a clean record of any demotions, suspensions, disciplines, or written warning letters for 18 months from date of the last infraction.

It is further agreed that once discipline becomes invalid, neither the Company nor the Union may refer to or use the stale discipline to support or defend its position in any future proceeding involving discipline for any employee or in the grievance procedure, including arbitration, for any employee. However, active discipline for the employee, which becomes invalid during the processing of a related grievance or arbitration, may be used by either party to support or defend its position until the grievance has reached its final disposition. It is further agreed that this Section shall become null and void upon demand of the Union if the Company amends or alters the bargaining unit work rules.

Section 5

If the Union requests arbitration pursuant to the terms and conditions of Article VI of this Agreement for grievances related to demotion, suspension or discharge, the Company will agree to participate in the FMCS expedited arbitration.

Article XXVIII TRAINEES

Section 1

Employees selected for technical, professional, or supervisory training, whether or not from the bargaining group, may be assigned during the training period to various duties within occupations covered by the bargaining group.

Section 2

When so assigned, trainees shall not displace any employee nor hinder promotions within the bargaining group, and as trainees they shall not be subject to the provisions of this Agreement.

Section 3

The Union shall be informed of individuals selected as trainees prior to assignment.

Section 4

Any employee selected as a trainee from the bargaining group who is returned to the bargaining group for any reason will return to the bargaining group at the same classification, or a classification of equal rate on the Classified Rate Schedule, which he held prior to becoming a trainee. An employee, who returns to the bargaining unit group after a period of six (6) months or more from their date of selection, will return as a newly hired employee, subject to the provisions of Article XXX – New Employees.

Section 5

In case of a trainee who is returned to the bargaining unit, Section 2 of Article XXV – Job Notification and Selection, shall be waived.

Article XXIX NEW EMPLOYEES

Section 1

All employees shall be considered full time regular employees from the date of hire, including contractual bidding rights. All rights regarding hiring, evaluation, and termination of new employees are reserved to the Company for a Probationary Period of six (6) months of (17) or more days per month.

Article XXX LOSS OF DRIVING PRIVILEGES

All job classifications require the possession of a valid driver’s license. If an employee fails to maintain his/her driving privileges other than for medical reasons, the following actions will be taken:

First Incident

An employee who fails to maintain driving privileges must notify his/her immediate supervisor 10-days prior to revocation or immediately upon license suspension, whichever comes first. Under no circumstance will an employee be permitted to operate a vehicle without a valid driver’s license. Failure to provide such notification will subject the employee to disciplinary action.

Upon notification, commencing on the effective date of the loss of his/her driving privileges, the employee will be temporarily assigned other duties within or outside his/her classification at his/her work location where driving privileges are not required. This re-assignment will not exceed six (6) months from the effective date of the loss of his/her driving privileges.

The employee will be compensated for any temporary work assignments at his/her classified rates, irrespective of the rate of the job to which he/she is assigned, but if the temporary assignment results in an upgrade, the employee will be paid at the higher rate.

Employees temporarily assigned due to loss of driving privileges shall not be entitled to any travel time or mileage to their respective payroll location.

The employee will be removed from the call-out list.

During that six-month period, and upon submitting proof of driving privilege restoration, the employee will be permitted to resume his/her former position and regular duties.

If the employee is classified in a position that requires the possession of a valid Commercial Driver’s License, that employee will not be entitled to the hourly upgrade (currently 25cents/hour) paid to CDL holders until his/her driving privileges are restored.

To the extent that employees without valid driver’s licenses are being accommodated in their classification, there will be no loss of job progression rights.

If, at the end of the six (6) month period described above, the employee still has not regained his/her driving privileges, the employee will be removed from his/her job and the job will be filled through the job bidding provisions of Article XXIV, Section 2 of the then-current collective bargaining agreement. The employee will be put on an unpaid suspension to last for three (3) months. If, at the end of this three-month period, the employee has not regained driving privileges, the employee will be terminated.

During the three (3) month time-off with no pay period, the employee may use any accrued vacation time.

Second Incident

An employee who fails for a second time to maintain his/her driving privileges as described above, must notify his/her immediate supervisor 10-days prior to revocation or immediately upon license suspension, whichever comes first. Failure to provide such notification will be considered to be cause for dismissal.

Upon notification, commencing on the effective date of the loss of his/her driving privileges, the employee will be temporarily assigned other duties in the fitter classification at his/her work location where driving privileges are not required, provided a Rehabilitation Program is established and agreed to between the Company, Union and employee. This re-assignment will not exceed twelve (12) months from the effective date of the loss of her/her driving privileges. NOTE: In the event a Rehabilitation Program established and/or agreed to between affected parties following the second loss of driving privileges is not followed by the employee, the employee will be terminated.

The employee will be compensated for any temporary work assignments at three (3) pay grades lower than his/her classified rates. However, no employee will be reduced in pay below Pay Grade 5. In the event the temporary assignment results in an upgrade, the employee will be paid at the higher rate.

Employees temporarily assigned due to loss of driving privileges shall not be entitled to any travel time or mileage to their respective payroll location.

The employee will be removed from the call-out list.

During that twelve (12) month period, and upon submitting proof of driving privilege restoration and successful completion of the established Rehabilitation Program, the employee will be permitted to resume his/her former position and regular duties.

If the employee is classified in a position that requires the possession of a valid Commercial Drivers License, that employee will not be entitled to the hourly upgrade (currently 25cents/hour) paid to CDL holders until his/her driving privileges are restored.

To the extent that employees without valid driver’s licenses are being accommodated in their classification, there will be no loss of job progression rights.

Commencing on the effective date of the loss of his/her driving privileges, the employee will be removed from his/her job and his/her job will be filled through the job bidding provisions of Article XXIV Section 2 of the then-current collective bargaining agreement. The employee will remain in the job to which he is assigned until he/she regains his/her driving privileges and is thereafter able to bid to any job to which he/she can bid under the then-current collective bargaining agreement. After the completion of the twelve (12) month period described above, if the employee still has not regained his/her driving privileges, the employee will be put on an unpaid suspension to last for three (3) months. If, at the end of this three-month period, the employee has not regained driving privileges and/or not completed the Rehabilitation Program, the employee will be terminated.

During the three (3) month time-off with no pay period, the employee may use any accrued vacation time.

Third Incident

An employee who loses his/her driving privileges a third time will be terminated immediately upon revocation of driver’s license.

Miscellaneous

If an employee maintains a continuous ten year period free of any convictions for misdemeanors and felonies of any kind, not limited to driving infractions, any loss of driving privileges covered by this policy will be treated as a first offense.

Article XXXI UNION SECURITY

Section 1

Any employee who, at the effective date of this Agreement, is a member in good standing of the Union and any employee who becomes a member thereafter shall, as condition of employment, remain a member of the Union in good standing for the duration of this Agreement, provided, however, that any employee may terminate his future membership obligation by withdrawing from membership in the Union, with a copy to the Manager of Employee and Labor Relations of the Company, at any time during the fifteen (15)-day period prior to the expiration date of the contract. Any employee who, at the time of the effective date of this Agreement, is not a member in good standing of the Union shall not be required to become a member as a condition of continued employment. However, it shall be required for each employee who is not a member of the Union, as a condition of employment to pay to the Union each month, a service charge as a contribution toward the administration of this Agreement and the representation of such employee. The service charge for the first month and in each month thereafter shall be an amount equal to the Union’s regular and usual monthly dues.

Section 2

All new employees hired after the effective date of this Agreement shall, as a condition of continued employment, become members of the Union on the 31st day following employment, and remain members in good standing of the Union for the duration of this Agreement, provided, however, that any employee may terminate his future membership obligation by withdrawing as indicated in Section 1 of this Article.

Section 3

The term “good standing” shall, for the purpose of this Article, mean that the employee has not been delinquent in tendering the periodic dues required as a condition of retaining membership in the Union.

Section 4

The Company agrees to deduct the Union Initiation Fee from each new employee and to make monthly payroll deductions for Union dues or service charge upon proper authorization signed by any employee covered by this Agreement and will forward promptly the monies so deducted to the Treasurer of the Union. One-half of the total Initiation Fee will be deducted in each of the first two months after attaining regular status with the Company.

Section 5

It is understood that authorization shall be entirely voluntary on the part of such employee and limited to the period of this Agreement and extensions thereof and shall be subject to cancellation at any time during the fifteen-day period prior to the expiration of the contract by the employee’s individual written request to the Human Resources Consultant of the Company with a copy to the Union or by written notice from the Treasurer of the Union to the Human Resources Consultant of the Company.

Section 6

In the event of litigation over the application of this article, the Union shall save the Company harmless and indemnify the Company against any and all loss, liability, damages, and expenses.

Section 7

For the term of this Agreement, the Company agrees to pay eight (8) hours per day (139/2140 Time) for the wages of the Union President if the Union President is a member of this bargaining unit. If the Union President is a member of a different bargaining unit, the terms of the agreement covering that bargaining unit shall cover the Company’s obligation to pay the Union President. During periods of vacation or sickness, the Union President may designate another Union Officer to be paid under this provision.

Section 8

The Company agrees to deduct political contributions (C.O.P.E. deductions) and transmit to the Treasurer of the UWUA the amount specified for each hour worked from the wages of those employees who voluntarily authorize such contributions on the forms provided for that purpose by the Union. These employee deductions will be made biweekly; however, the transmittals to the UWUA treasurer will be monthly. It is understood that the authorizations shall be entirely voluntarily and may be revoked at any time.

Section 9

AGREEMENT – Involuntary Severance Due to Merger or Acquisition

If a regular union eligible employee of the Peoples Natural Gas Company is involuntarily separated from employment due to job elimination because of a merger with or acquisition by another company, the terminated employee will be entitled to receive the following within twelve (12) months after the merger or acquisition:

Six (6) month’s pay calculated at the employee’s base hourly rate times 1040 hours paid as a lump sum. This pay will be taxable to the employee and is not thriftable or pensionable.

Six (6) months of continuous medical coverage based upon the employee’s current level of coverage.

Six (6) months of continuous life insurance coverage based upon the employee’s current level of coverage.

ARTICLE XXXII-DRUG TESTING POLICY

Drug Testing Policy to be amended as follows:

• Split samples for any employee shall be maintained after the first positive test.

• Disciplinary schedule to be as follows:

• First test positive, 10-day suspension.

• Second test positive, 30-day suspension.

• Third test positive, discharge.

The DOT Drug Misuse Prevention Plan and the Alcohol Misuse Prevention Plan allows for the use of service agents for random selection, collection, alcohol testing, laboratory testing and the MRO work. The random selection process for random drug testing will be done by an outside vendor using a computer-based number generator to select employees for testing.

The Medical Review Officer can be changed upon mutual agreement of the Company and Union.

Article XXXIII TERMS OF AGREEMENT

Section 1

This Agreement and all Letters of Agreement shall be in effect until and including October 31, 2015 and for renewal periods of one year thereafter, unless canceled by either party by giving notice in writing at least 60 days prior to the anniversary date of this Agreement or sixty (60) days prior to the expiration of any subsequent one (1) year period.

Section 2

Negotiations for a new Agreement shall commence not less than 60 days prior to the termination of this Agreement.

AGREEMENT-Home Start

Home based reporting and the providing of company vehicles to bargaining unit employees shall continue pursuant to the procedures established by management and in effect as of September 23, 2014.

 

 

 

 

 

 

 

 

 

   

RATE SCHEDULE

Classification         Current Rate   At Ratification   

Technician, Measurement II   $ 30.95      

Welder            $ 30.95      

Technician, Measurement I 29.40         

Technician, Customer Service 29.40   

Lead Pipelne Operator 29.40      

Pipeline Operator    28.01   

Equipment Operator    28.01   

 

With regard to individuals hired after the date of ratification, the following wage rates shall apply:

1.   The starting rate of pay shall be $18 .00 per hour;

2.   Even though this agreement will expire on October 31, 2015, the parties agree that at the end of each of the first four 12 month periods following each such employee’s date of hire, the employee shall receive a wage increase of no less than $1.00 per hour annually and at the end of that period, these employees will be at the top rate for their position. The parties agree that this language shall be included in any future collective bargaining agreement negotiated by them unless they mutually agree in writing to different terms in this regard.

 

 

SICKNESS/DISABILITY BENEFIT SCHEDULE
Years of Credited Service	Weeks at Full Pay	Weeks at Half Pay	Total Weeks of Benefits
0-6 months 6 months but less than 5	4 4	2 22	6 26
5	8	18	26
6	8	23	31
7	8	28	36
8	8	33	41
9	12	34	46
10 but less than 20	12	40	52
20 but less than 25	14	38	52
25 but less than 30	16	36	52
30 or more	18	34	52
Note: 1 week = 40 hours