Common use of Requalification Clause in Contracts

Requalification. The NRC requirement 1 for renewal of the NRC Reactor Operator and NRC Senior Reactor Operator Licenses necessitates an ongoing training program including an annual written examination. Company shall supply necessary operating experience and all needed instructional materials, including classroom-instruction, and a reasonable amount of time on watch as conditions permit for instruction and study for the requalification procedure. An employee who passes the annual requalification examination or a retest as provided in A below will not be required to take another requalification examination prior to the next annual requalification examination and will maintain his nuclear premium entitlement. An Operator who fails to pass the annual requalification examination on the first attempt will be eligible to be retested on the basis outlined below: 1. Immediately after such failure, the Operator shall be maintained for a 30-day period at the Operator's present classification and basic wage rate. Such Operator shall not be qualified for the appropriate nuclear premium until such Operator requalifies. During the 30-day period, the Operator shall be taken off the watch schedule and required to participate in an accelerated training program leading to the requalification examination. During the 30-day period, such an Operator may request retesting at any time the Operator and the Company mutually agree. At the end of the 30-day period, such an Operator must be retested. 2. When it becomes apparent that a licensed Operator has failed an annual requalification examination, Company shall notify Union's Business Representative as well as the Operator involved. The Local Investigating Committee, provided for in the Grievance Procedure, shall immediately conduct an investigation to attempt to determine the reasons for the Operator's failure, but shall take no other action at this time. 3. The time limits outlined above may be extended by mutual agreement between the parties due to extenuating circumstances involving either plant operations or the concerned employee. IThe NRC requirements are included in 10CFR55 Appendix A and are incorporated herein by reference. The Company's requalification programs conform with 10CFR55 Appendix A and are delineated in certain correspondence between Company and NRC which is also incorporated herein by reference. Exhibit VI-B Page 33 4. If the Operator fails again, the Operator shall be temporarily assigned to nonlicensed activities and allowed another 30-day period in which to pass the requalification examination. During such second 30-day period, the Operator may be assigned to a regularly established watch schedule. At the end of the second 30-day period, the Operator must again be retested. During such second 30-day period, the Local Investigating Committee shall make recommendations to the Plant Superintendent which may include an additional extension of 30 days before the Operator must again be retested or that the Operator be demoted to Auxiliary Operator without retesting, or that Company and Union attempt to reach agreement on the removal of the Operator from the plant. If the Operator is successful, the Operator shall immediately be returned to such Operator's assigned classification with the appropriate nuclear premium. Failure of the second retest will result in his demotion. Such demotion will be made in accordance with the terms of Section 206.15 of the Agreement. If no vacancy occurs for which such demoted employee qualifies, he shall be placed in accordance with the provisions of Sections 206.13 and 205.19 of the Physical Agreement. If no agreement can be reached between Company and Union on his placement within 90 days of the first proposal by either Company or Union, the employee shall be subject to layoff for lack of work. 5. An Operator who has failed the initial examination for requalification and who subsequently requalifies shall be entitled to receive the appropriate premium in the biweekly pay period which immediately follows the period in which such Operator requalifies. An Operator at a Nuclear Plant who becomes physically disqualified to be an Operator at a Nuclear Plant shall be considered for-placement under the provisions of Sections Z05.19 and 206.13 of the Physical Contract. (Placement of Operators under Sections 205.19 and 206.13 require agreement between the Manager of Industrial Relations and the Business Manager of Local Union No. 1245.)

Requalification. The NRC requirement 1 requirement[l] for renewal of the NRC Reactor Operator and NRC Senior Reactor Operator Licenses necessitates an ongoing training program including an annual written and oral examination. Company shall supply necessary operating experience and all needed instructional instruction materials, including classroom-instruction, classroom instruction [and a reasonable amount of time on watch as conditions permit for instruction and study for the requalification procedure.] as per requalification procedure. An employee who passes the annual requalification examination or a retest as provided in A below will not be required to take another requalification examination prior to maintain [his] the nuclear premium entitlement until the next annual requalification examination and will maintain his nuclear premium entitlementexam. An Operator who fails to pass the annual requalification examination on the first attempt will be eligible to be retested on the basis outlined below: 1. Immediately after such failure, the Operator shall be maintained for a 30-day period at the Operator's present classification and basic wage rate. Such Operator shall not be qualified for the appropriate nuclear premium until such Operator requalifies. During the 30-day period, the Operator shall be taken off the watch schedule and required to participate in an accelerated training program leading to the requalification examination. During the 30-day period, such an Operator may request retesting at any time the Operator and the Company mutually agree. At the end of the 30-day period, such an Operator must be retested. 2. : When it becomes apparent that a licensed Operator has failed an annual requalification examination, Company shall notify Union's Business Representative as well as the Operator involved. The Local Investigating Committee, provided for in the Grievance Procedure, shall immediately conduct an investigation to attempt to determine the reasons for the Operator's failure, but shall take no other action at this time. 3. The time limits outlined above may be extended by mutual agreement between the parties due to extenuating circumstances involving either plant operations or the concerned employee. IThe NRC requirements are included in 10CFR55 Appendix A and are incorporated herein by reference. The Company's requalification programs conform with 10CFR55 Appendix A and are delineated in certain correspondence between Company and NRC which is also incorporated herein by reference. Exhibit VI-B Page 33 4. If the Operator fails againImmediately after notification of such failure, the Operator shall be temporarily assigned to nonlicensed activities and allowed another maintained for a 30-day period in which to pass at the requalification examinationOperator's present classification and basic wage rate. Such Operator shall not be qualified for the appropriate nuclear premium until such Operator requalifies. During such second the 30-day period, the Operator shall be [taken off the watch schedule and required] removed from all licensed related duties, and may also be assigned removed from the watch schedule if it is deemed necessary by the Company, to a regularly established watch scheduleparticipate in an accelerated training program leading to the requalification retest examination. During the 3D-day period, such an operator may request retesting at any time the Operator and the Company mutually agree. At the end of the second 30-day period, the such an Operator must again be retested. During such second 30-day period, the Local Investigating Committee shall make recommendations to the Plant Superintendent which may include an additional extension of 30 days before the Operator must again be retested or that the Operator be demoted to Auxiliary Operator without retesting, or that Company and Union attempt to reach agreement on the removal of the Operator from the plant. If the Operator is successful, the Operator shall immediately be returned to such Operator's assigned classification with the appropriate nuclear premium. Failure of the second retest will result in his demotion. Such demotion will be made in accordance with the terms of Section 206.15 of the Agreement. If no vacancy occurs for which such demoted employee qualifies, he shall be placed in accordance with the provisions of Sections 206.13 and 205.19 of the Physical Agreement. If no agreement can be reached between Company and Union on his placement within 90 days of the first proposal by either Company or Union, the employee shall be subject to layoff for lack of work. 5. An Operator who has failed the initial examination for requalification and who subsequently requalifies shall be entitled to receive the appropriate premium in the biweekly pay period which immediately follows the period in which such Operator requalifies. An Operator at a Nuclear Plant who becomes physically disqualified to be an Operator at a Nuclear Plant shall be considered for-placement under the provisions of Sections Z05.19 and 206.13 of the Physical Contract. (Placement of Operators under Sections 205.19 and 206.13 require agreement between the Manager of Industrial Relations and the Business Manager of Local Union No. 1245.)