AGREEMENT
AND
SUPPLEMENTAL AGREEMENT
BETWEEN
THE UNITED ILLUMINATING COMPANY
AND
LOCAL 470-1 OF THE
UTILITY WORKERS UNION OF AMERICA, AFL-CIO
JUNE 9, 2002
[Logo of Utility Workers
Union of America AFL-CIO]
AGREEMENT
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE NO.
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Preamble 1
I Recognition 1
II Rates of Pay 2
III Overtime 6
IV Holidays 9
V Vacations 10
VI Sick Leave, Funeral Leave,
and Leave of Absence 12
VII Hospital, Medical, Dental,
and Disability Insurance 14
VIII The United Illuminating Company
Pension Plan and The United
Illuminating Company Plan for
Employees' Disability Benefits 18
IX Safety 19
X Tools and Equipment 19
XI Seniority 19
XII Management 21
XIII Contracting Out Work 22
XIV Union Security 22
XV Deduction of Union Dues 23
XVI Bulletin Boards 24
XVII Grievance Procedure 24
XVIII Equal Employment Opportunity 25
XIX Governmental Regulations 26
XX Notices and Certifications 26
XXI Duration of Agreement 26
EXHIBIT DESCRIPTION PAGE NO.
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I Schedule A: Rates of Pay for Occupational
Classifications 29
I Schedule B: Occupational Classifications 32
II Principles of Seniority 34
III Statement with Respect to Maintenance
of Membership and Agency Shop
Provision in Company-Union Contract 42
IV Dues Deduction Authorization Form 43
V Health Net HMO Plan 44
VI Blue Cross & Blue Shield of Connecticut
BlueCare Plus POS Plan 48
VII Memorandum of Agreement 54
Certificate Concerning Authorization
to Execute Foregoing Agreement 55
LETTERS PAGE NO.
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Overhead Power Delivery Work Rules 56
Reduction of High Rate of Sick Leave 60
Assignment of Meter Reading Work in Extreme Weather 61
Group Life Insurance for Totally and Permanently Disabled Employees 62
Health Insurance for Eligible Dependents of Deceased Employees 63
Sickness Disability Benefits for Rehired Employees 64
Payment of Normal and Customary Cost Differential for Special
Licenses 65
Life Insurance Coverage for Active Employees and Future and 66
Current Retirees
Post Retirement Health Insurance Benefits 67
Flame Retardant Clothing 71
Ten-Hour Shift Guidelines 72
Ad Hoc Committee on Two-Person Crews 76
Power Delivery Equipment Specialist and Collection 77
Field Tech I Agreement
Termination of June 10, 1999 Severance Memorandum of Agreement 79
RFP Described in Article VII, Section 8 80
Anthem Stock Demutualization Distribution 81
Work Shoe Reimbursement 82
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SUPPLEMENTAL AGREEMENT
Pages 1-S - 10-S
2
AGREEMENT
BETWEEN
THE UNITED ILLUMINATING COMPANY
AND
LOCAL 470-1 OF THE
UTILITY WORKERS UNION OF AMERICA, AFL-CIO
JUNE 9, 2002
AGREEMENT entered into as of June 9, 2002, by and between THE UNITED
ILLUMINATING COMPANY, hereinafter referred to as the "Company," and LOCAL 470-1
OF THE UTILITY WORKERS UNION OF AMERICA, AFL-CIO, hereinafter referred to as the
"Union."
THIS AGREEMENT supersedes the agreement between the parties dated May
16, 1997.
WHEREAS, the Union and its predecessors were on August 13, 1942, April
6, l962, and July 11, 1973, certified by the National Labor Relations Board as
the collective bargaining representative of certain of the employees of the
Company; and
WHEREAS, both parties recognize that in the interests of public safety
and the welfare of the community, the Company must furnish an adequate and
uninterrupted supply of electricity; and
WHEREAS, both parties recognize the importance of continually
increasing productivity and efficiency in providing electricity to the community
at reasonable rates; and
WHEREAS, it is the desire of both parties to promote mutual confidence
and understanding and to provide an adequate and uninterrupted supply of
electricity;
NOW, THEREFORE, the parties agree as follows:
ARTICLE I
RECOGNITION
SECTION l. Pursuant to said certifications by the National Labor Relations
Board, the Company recognizes the Union as the collective bargaining
representative of all of its employees, including the assistant dispatcher, but
excluding executives, supervisory employees, watch engineers, line foremen,
guards, police, watchmen, technical employees, confidential employees, private
secretaries and persons having access to corporate books and payrolls,
dispatchers, and
1
receptionists directly connected with executive offices, for
the purpose of collective bargaining with respect to rates of pay, wages, hours
of employment, and other conditions of employment.
SECTION 2. The term "employees" as used in this Agreement shall refer only to
employees of the Company for whom the Union is the collective bargaining
representative, as provided in Section 1 of this Article. The use of a masculine
pronoun in this Agreement shall be deemed to include the masculine and feminine
gender.
ARTICLE II
RATES OF PAY
SECTION l. The parties accept and agree to an occupational classification system
which is incorporated herein by reference, as set forth on various sheets in
which each occupational classification is described, evaluated and classified by
grade, and collectively referred to as Exhibit I. A list of maximum and minimum
rates of pay for all occupations is attached hereto and made a part hereof and
marked Schedule A. A list of the occupational classifications now included in
Exhibit I showing the occupational code number and the grade of each such
occupational classification, is attached hereto and made a part hereof and
marked Schedule B.
SECTION 2. No occupational classification shall be altered or modified unless
changes in methods of operation justify the establishment of a new job or the
reclassification of an existing job. When a new job is established, or an
existing job is reclassified, the job shall be described by supervision and one
incumbent bargaining unit employee (designated by the Union) to a joint job
evaluation committee. The committee shall include one standing bargaining unit
member (designated by the Union). The appointed bargaining unit member (and one
alternate designated by the Union) will receive formal training by the Company
on the job evaluation plan prior to participating on the committee. The
committee will evaluate and classify the job by grade in accordance with the
occupational classification system. The Company will discuss the change with the
Union at least one week before the change takes effect.
SECTION 3. Any employee who has satisfactorily completed his probationary
period, as described in Section 4 of this Article, whose rate of pay is less
than the maximum rate of pay for his occupational classification, shall receive
an increase (other than General or Promotional Increase) in his rate of pay of
seventy-two cents per hour (but not to a rate higher than the maximum rate)
effective on the first Sunday in November.
SECTION 4. Prior to employment on a regular basis, a new employee will normally
be required to serve a probationary period which shall not exceed six months and
which ordinarily will not exceed three months.
SECTION 5. (a) When an employee is promoted to a higher occupational
classification, he shall receive as of the date of his promotion an increase in
his rate of pay according to the following
2
schedule, or an increase in his rate of pay to the maximum rate of pay of his
new occupational classification, whichever is smaller:
NUMBER OF CENTS PER HOUR
GRADES PROMOTED INCREASE
-------------------------------------
l Twenty-three
2 Thirty-two
3 Forty-one
4 or 5 Fifty
More than 5 Fifty-nine
In the special case of an employee who is receiving less than the
minimum rate of pay of his new occupational classification, the employee shall
receive as of the date of his promotion an increase in his rate of pay to the
minimum of that occupational classification, or an increase in his rate of pay
as designated in this paragraph above, whichever is greater. The provisions of
this paragraph shall not change an employee's scheduled increases as provided in
Section 3 of this Article.
If the promotional increase as set forth above brings an employee's
rate of pay to a rate 3 cents or less below the maximum for his new occupational
classification, the employee's regular hourly rate of pay will be increased to
the maximum rate of pay for his new occupational classification.
(b) Prior to promotion to a higher occupational classification, an
employee may be required to show successful performance in the higher
occupational classification for a trial period not to exceed ninety days;
provided, however, that he shall receive an increase in his rate of pay in
accordance with paragraph (a) effective upon the date of his assignment to the
higher occupational classification.
SECTION 6. (a) When a supervisor expressly assigns an employee temporarily,
except for training purposes, to work in a higher classification for at least
four hours (including overtime hours) in any one day, the employee shall receive
temporary assignment pay for all hours worked in that day. When a supervisor
expressly assigns an employee temporarily, except for training purposes, to work
in a higher classification for at least sixteen hours (including overtime hours)
in any one week, the employee shall receive temporary assignment pay for all
hours worked in that week. Temporary assignment pay shall be his regular hourly
rate increased according to the following schedule:
NUMBER OF GRADES ABOVE CENTS PER HOUR
REGULAR CLASSIFICATION INCREASE
-----------------------------------------------------
l Fifty
2 or 3 Sixty
4 or 5 Seventy
More than 5 or a One Dollar
Supervisory Position
3
(b) No temporary assignment of more than 35 hours per week shall
continue more than six months, except in unusual circumstances such as an
assignment to a project of limited duration or an assignment caused by sickness,
injury, or leave of absence.
(c) As soon as possible after the first of each month, the Company
shall furnish the Union with a list of those employees temporarily assigned to a
higher occupational classification.
SECTION 7. When an employee is changed from one occupational classification to
another, the Company shall notify the Union of such change unless it shall have
given the notice required under Section 3, of Article XI.
SECTION 8. (a) The regular hourly rate of any employee regularly scheduled to
work rotating tours of duty in connection with a job which normally must be
continuously covered 24 hours per day including Saturdays, Sundays and holidays
(hereinafter referred to as a "rotating shift employee"), shall be increased ten
cents per hour for such time as he is so scheduled.
(b) When any rotating shift employee is regularly scheduled to work
sixteen hours or more (other than overtime hours) on any night shift in any one
week, his regular hourly rate, as increased pursuant to paragraph (a), will be
increased $1.30 per hour for that week and this higher rate will be the basis of
compensation for that week. Night shift shall be construed to mean all regular
schedules starting at or between 10:00 P.M. and 5:59 A.M.
(c) When any rotating shift employee is regularly scheduled to work
sixteen hours or more (other than overtime hours) on any afternoon shift (or
sixteen hours consisting of eight hours on any afternoon shift and eight hours
on any night shift) in any one week, his regular hourly rate, as increased
pursuant to paragraph (a), will be further increased $1.30 per hour for that
week and this higher rate will be the basis of compensation for that week.
Afternoon shift shall be construed to mean all regular schedules starting at or
between l:00 P.M. and 9:59 P.M. The provisions of this paragraph shall not apply
to any employee who qualifies under the provisions of paragraph (b).
SECTION 9. (a) When any employee who is not a rotating shift employee is
regularly scheduled to work sixteen hours or more (other than overtime hours) on
any night shift in any one week, his regular hourly rate will be increased $1.20
per hour for that week and this higher rate will be the basis of compensation
for that week. Night shift shall be construed to mean all regular schedules
starting at or between 10:00 P.M. and 5:59 A.M.
(b) When any employee who is not a rotating shift employee is regularly
scheduled to work sixteen hours or more (other than overtime hours) on any
afternoon shift (or sixteen hours consisting of eight hours on any afternoon
shift and eight hours on any night shift) in any one week, his regular hourly
rate will be increased $1.20 per hour for that week and this higher rate will be
the basis of compensation for that week. Afternoon shift shall be construed to
mean all regular schedules starting at or between 1:00 P.M. and 9:59 P.M. The
provisions of this paragraph shall not apply to any employee who qualifies under
the provisions of paragraph (a). SECTION 10. When an employee is required to
work on Sunday, he shall receive an additional $5.00 for each hour worked, and
such additional amount shall be deemed to be a part of such employee's regular
hourly rate for that day.
4
SECTION 11. Whenever employees are required by the Company to attend First Aid
Meetings or classes of instruction pertaining to new devices or equipment
adopted by the Company, the time spent at such meetings shall be considered as
hours worked and the pay for such hours shall be computed in the same manner as
that for other hours worked.
SECTION 12. In the case of an employee entitled under Section 8 or Section 9 of
this Article to shift premium for hours worked during the payroll period
immediately preceding such employee's vacation period, a shift premium of
fifteen cents per hour shall be considered a part of such employee's regular
hourly rate for the purpose of computing the vacation pay to which such employee
may be entitled under Article V.
SECTION 13. Any employee assigned to Grade l under the occupational
classification plan whose normal duties include assisting and instructing twelve
or more employees shall receive, in addition to any other pay to which he may be
entitled, seven cents for each hour for which such employee is entitled to pay
under this Agreement.
SECTION 14. The Company will provide 48 hours notice to any employee whose
scheduled starting time or quitting time is changed or whose scheduled day off
is changed or whose regular schedule is reinstated after such a change. If 48
hours notice is not given, the employee shall receive one and one-half times his
regular hourly rate during the first work period in the new schedule for each of
the first 8 hours worked which are outside of his prior schedule, provided those
hours otherwise would have been paid at straight time. This provision shall not
apply to any employee who does not have a regular schedule, to any employee's
return to his regular schedule within 48 hours of the original change, or to any
employee or employees who request the change.
SECTION l5. An employee who is no longer able to do satisfactorily the work in
his regular occupational classification because of his mental or physical
condition shall receive either the regular hourly rate he was receiving at the
time of his disability or the regular hourly rate of any occupational
classification to which he may be assigned, the work in which he is then able to
do, whichever rate is higher.
SECTION 16. For the purposes of this Article, each cent per hour shall be
construed to mean forty cents per week for those employees who are paid by the
week.
SECTION 17. Whenever employees are assigned to work on other utilities'
properties under the Utilities Mutual Assistance Program, one and one-half times
the regular hourly rate shall be paid for all hours of travel time or work time
provided such hours otherwise would have been paid at straight time. In
addition, such employees will be paid $25 per day for each day they performed
Mutual Assistance work.
SECTION 18. When the travel distance between an employee's home and his
temporary work location is greater than the travel distance between his home and
his regular work location and he is authorized to provide his own
transportation, he shall be paid mileage at a rate determined by the Company for
the additional distance and shall be reimbursed for additional tolls.
5
SECTION 19. (a) The regular hourly rate for all Line Group Leaders, Power
Delivery Working Leaders, Line Trouble Shooters, Power Delivery Trouble
Shooters, Line Workers First Class, Power Delivery Construction Specialists, and
Power Delivery Splice Specialists, subject to the Company's procedures governing
the use of rubber gloves on lines and equipment energized at voltages in excess
of 5,000 volts, shall be increased by a differential in the amount of $2.00 for
each hour paid.
(b) The regular hourly rate for all Power Delivery Apprentices who have
completed 18 months of service as a Power Delivery Apprentice and who have
successfully completed the "Rubber Gloving Training Program" shall be increased
by a differential in the amount $2.00 for each hour paid.
SECTION 20. As shown in Exhibit I, Schedule A, the rates of pay for the Weekly
and Hourly Occupational Classifications will be increased as follows:
(a) Effective June 9, 2002: 4.25% General Increase
(b) Effective May 18, 2003: 50-cents across-the-board pay rate
increase, plus 3% General Increase
(c) Effective May 16, 2004: 50-cents across-the-board pay rate
increase, plus 3% General Increase
ARTICLE III
OVERTIME
SECTION l. One and one-half times the regular hourly rate shall be paid to all
employees for hours worked in excess of forty hours in any one week, exclusive
of any hours worked on a holiday, for which payment is to be made in accordance
with the provisions of Article IV.
SECTION 2. For employees whose regular daily schedule is eight hours or less,
one and one-half times the regular hourly rate shall be paid for hours worked
over eight hours in any one day, exclusive of any hours worked on a holiday for
which payment is to be made in accordance with the provisions of Article IV.
SECTION 3. Overtime rates of pay shall not be applied more than once to any
particular hour worked.
SECTION 4. An employee required to report for work outside of and not contiguous
to his regularly scheduled work week shall receive a minimum payment equivalent
to four and one-half times his regular hourly rate. An employee called in to
work before the beginning of his regular work day and who is required to stop
work less than two hours immediately preceding his regular work day or who is
called in to work less than two hours immediately following his regular work day
shall receive compensation in such cases based upon continuous time from the
beginning of the overtime period until his regular starting time and from the
end of his regular work day to the time the employee finally stops work, but in
no event less than four and one-half times his regular hourly rate.
6
The Company shall continue to assign overtime work as far in advance as
is practicable. If an overtime work assignment, which is outside of and not
contiguous to an employee's regularly scheduled work week, is canceled by less
than twelve hours' notice to the employee prior to the start of the work, he
shall receive two hours' pay at his regular hourly rate.
SECTION 5. For work outside of and not contiguous to the regular schedule of
hours, the Company will either provide a meal or pay a meal allowance of $9.00
(effective May 16, 2003, $9.50) (effective May 16, 2004, $10.00) for the first
two consecutive hours of such work assigned with less than twelve hours' notice,
and an additional meal or meal allowance of $9.00 (effective May 16, 2003,
$9.50) (effective May 16, 2004, $10.00) for every five consecutive hours of such
work thereafter.
For work outside of and not contiguous to the regular schedule of
hours, the Company will either provide a meal or pay a meal allowance of $9.00
(effective May 16, 2003, $9.50) (effective May 16, 2004, $10.00) for the first
ten consecutive hours of work assigned with at least twelve hours' notice, and
an additional meal or meal allowance of $9.00 (effective May 16, 2003, $9.50)
(effective May 16, 2004, $10.00) for every five consecutive hours of such work
thereafter.
For work contiguous to the regular daily schedule of hours, the Company
will either provide a meal or pay a meal allowance of $9.00 (effective May 16,
2003, $9.50) (effective May 16, 2004, $10.00) for the first two additional hours
of work (provided the employee has worked at least ten consecutive hours) and an
additional meal or meal allowance of $9.00 (effective May 16, 2003, $9.50)
(effective May 16, 2004, $10.00) for every five consecutive hours of work
thereafter.
One-half hour paid meal time will be provided to any employee who is
entitled to a meal or a meal allowance under Section 5 and who works at least
two hours, either outside of and not contiguous to the regular schedule of
hours, or outside of and contiguous to the regular daily schedule of hours.
SECTION 6. When an employee, not having at least four hours' notice, is required
to work between midnight and the beginning of his regular daily schedule, and
his regular daily schedule of hours starts between 6:00 A.M. and 10:00 A.M., he
shall be entitled to a rest period at the beginning of his regular daily
schedule of hours equal to the number of hours worked between midnight and the
beginning of his regular daily schedule, up to six hours maximum, with pay at
his regular hourly rate. The Company may permit an employee to take his rest
period at any time during his regular daily schedule of hours. If the employee
is required to work during all or part of such rest period, he shall receive
additional pay for those hours worked, at his regular hourly rate. The
provisions of this Section shall be in place of and not cumulative with the
provisions of Article III, Section 4 and Article III, Section 7; provided,
however, the employee may choose to be paid in accordance with Article III,
Section 4 instead of in accordance with the provisions of this Section, but he
may not be paid under both Sections, and any hours worked between midnight and
8:00 A.M., which are the basis for any claim for compensation under this
Section, shall not be deemed to be hours worked for the purpose of Article III,
Section 7.
SECTION 7. (a) An employee required to work for an "extended work period," as
hereinafter defined, shall during such period be entitled to additional pay, as
hereinafter specified, in
7
addition to being paid at his regular hourly rate for all hours worked during
such period. By definition, an employee shall be deemed to be in an "extended
work period" as of any moment if, but only if, he worked at least l6 hours
during the 20 hours immediately preceding such moment. The additional pay for
such period shall be determined as follows:
(l) For such of the first 8 hours of such extended work period, he
shall be paid additional pay at his regular hourly rate.
(2) For all hours worked during such extended work period after
the first 8 hours thereof, he shall be paid additional pay at
one and one-half times his regular hourly rate. Hours
qualifying for payment under the provision of this subsection
(a)(2) shall not be deemed to be hours worked for the purposes
of computing overtime payable under the provisions of Article
III (except that such of those hours as fall within his
regularly scheduled work week shall be counted in determining
the forty hours referred to in Section l of Article III) or
for the purpose of determining premium pay for holiday hours
worked under the provisions of Section 3, of Article IV.
(b) In addition, upon the completion of any extended work period, an
employee shall be entitled to a rest period of 8 hours immediately following
such extended work period and shall be paid at his regular hourly rate for such
of said 8 hours as fall within his regular daily schedule of hours. For the
purposes of this subsection (b), the regular daily schedule of hours shall be
deemed to apply on regular days off, holidays, and vacation days.
SECTION 8. In any week during which a holiday occurs, or in any week during
which an employee is absent due to a bona fide illness, extreme fatigue owing to
previous overtime work, jury duty, or an authorized personal absence for Union
business, hours worked (exclusive of any hours worked on a holiday for which
payment is to be made in accordance with the provisions of Article IV), which
would have qualified under the other provisions of this Agreement for the
overtime rate of one and one-half times the regular hourly rate had such holiday
or such absence not occurred, shall be paid for at such overtime rate.
SECTION 9. The Company will endeavor to distribute overtime work fairly among
the qualified employees, having in mind employees' availability and willingness
to respond promptly to calls for emergency work.
8
SECTION l0. Any employee who works on each of seven consecutive days in any one
calendar week will receive two times his regular hourly rate for all hours
worked on his second scheduled day off during that week, provided such hours
otherwise would have been paid at one and one-half times his regular hourly
rate.
ARTICLE IV
HOLIDAYS
SECTION l. The following shall be deemed to be holidays and the word "holiday"
as used herein shall refer only to such holidays:
New Year's Day Labor Day
▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇'▇ Day Columbus Day
Washington's Birthday Veterans Day
Good Friday Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas Day
When a holiday falls on Sunday, the following Monday shall be deemed to
be the holiday in its stead, except that, for those employees whose regularly
scheduled work week includes that Sunday, the holiday will be observed on
Sunday. When a holiday falls on Saturday, the preceding Friday shall be deemed
to be the holiday in its stead, except that, for those employees whose regularly
scheduled work week includes that Saturday, the holiday will be observed on
Saturday.
SECTION 2. Any employee who is not required to work on a holiday shall be paid
at his regular hourly rate for those hours of the holiday which fall within his
regularly scheduled work week.
SECTION 3. (a) In addition to the pay specified in Section 2 of this Article,
any employee who is required to work on a holiday shall be paid at one and
one-half times his regular hourly rate for all holiday hours worked within his
regularly scheduled work week, he shall be paid at twice his regular hourly rate
for all holiday hours worked outside his regularly scheduled work week, and he
shall be paid an additional one-half of his regular hourly rate for all holiday
hours worked in excess of eight. Hours worked on a holiday shall not be
considered in computing overtime pay. An employee required to report for work on
a holiday shall receive a minimum payment equivalent to four and one-half times
his regular hourly rate.
(b) Any employee who is required to work on December 25th shall be paid
at twice his regular hourly rate for all hours worked.
SECTION 4. Any employee who is regularly scheduled to work eight hours or more
per day on each of two or more Saturdays and/or Sundays per month and who is
regularly scheduled to work on the average forty hours or more per week shall
receive pay at his regular hourly rate for eight hours for each holiday which
occurs on his day of relief, provided that on his last scheduled day before or
on his first scheduled day after the holiday he works his regularly scheduled
hours.
9
SECTION 5. In the event that a holiday falls during an employee's vacation
period, he shall receive an additional day off at a time that is mutually
agreeable to the Company and the employee and that frequently will not adjoin
the regular vacation period.
ARTICLE V
VACATIONS
SECTION l. During each calendar year the Company will grant vacations with pay
as follows:
(a) Six weeks to each employee whose period of continuous service as of the
end of the preceding calendar year equaled or exceeded 34 years, for
which vacation the employee will receive the equivalent of 240 times his
regular hourly rate, subject to the provision, however, that the six
weeks will not ordinarily be scheduled in one continuous period.
(b) Five weeks and four days to each employee (except an employee covered by
the provisions of subsection (a) above) whose period of continuous
service as of the end of the preceding calendar year equaled or exceeded
33 years, for which vacation the employee will receive the equivalent of
232 times his regular hourly rate, subject to the provision, however,
that the five weeks and four days will not ordinarily be scheduled in
one continuous period.
(c) Five weeks and three days to each employee (except an employee covered
by the provisions of subsection (a) or (b) above) whose period of
continuous service as of the end of the preceding calendar year equaled
or exceeded 32 years, for which vacation the employee will receive the
equivalent of 224 times his regular hourly rate, subject to the
provision, however, that the five weeks and three days will not
ordinarily be scheduled in one continuous period.
(d) Five weeks and two days to each employee (except an employee covered by
the provisions of subsection (a), (b), or (c) above) whose period of
continuous service as of the end of the preceding calendar year equaled
or exceeded 31 years, for which vacation the employee will receive the
equivalent of 216 times his regular hourly rate, subject to the
provision, however, that the five weeks and two days will not ordinarily
be scheduled in one continuous period.
(e) Five weeks and one day to each employee (except an employee covered by
the provisions of subsection (a), (b), (c), or (d) above) whose period
of continuous service as of the end of the preceding calendar year
equaled or exceeded 30 years, for which vacation the employee will
receive the equivalent of 208 times his regular hourly rate, subject to
the provision, however, that the five weeks and one day will not
ordinarily be scheduled in one continuous period.
10
(f) Five weeks to each employee (except an employee covered by the
provisions of subsection (a), (b), (c), (d), or (e) above) whose period
of continuous service as of the end of the preceding calendar year
equaled or exceeded 24 years, for which vacation the employee will
receive the equivalent of 200 times his regular hourly rate, subject to
the provision, however, that the five weeks will not ordinarily be
scheduled in one continuous period.
(g) Four weeks to each employee (except an employee covered by the
provisions of subsections (a), (b), (c), (d), (e), or (f) above) whose
period of continuous service as of the end of the preceding calendar
year equaled or exceeded l4 years, for which vacation the employee will
receive the equivalent of l60 times his regular hourly rate, subject to
the provision, however, that the four weeks will not ordinarily be
scheduled in one continuous period.
(h) Three weeks to each employee (except an employee covered by the
provisions of subsections (a), (b), (c), (d), (e), (f), or (g) above)
whose period of continuous service as of the end of the preceding
calendar year equaled or exceeded 5 years, for which vacation the
employee will receive the equivalent of l20 times his regular hourly
rate, subject to the provision, however, that the three weeks will not
ordinarily be scheduled in one continuous period.
(i) Two weeks to each employee (except an employee covered by the
provisions of subsections (a), (b), (c), (d), (e), (f), (g), or (h)
above) who is on the payroll on or before May l of the preceding
calendar year and continuously thereafter until the end of the
preceding calendar year, for which vacation the employee will receive
the equivalent of 80 times his regular hourly rate.
(j) One week to each employee who was employed after May l but on or before
November l of the preceding calendar year and who was continuously on
the payroll thereafter until the end of the preceding calendar year,
for which vacation the employee will receive the equivalent of 40 times
his regular hourly rate.
(k) Except for an employee who is entitled to six weeks' vacation pursuant
to subsection (a) above, one additional week to each employee who is at
least 62 years of age as of the end of the preceding calendar year, for
which week the employee will receive the equivalent of 40 times his
regular hourly rate.
SECTION 2. Consideration will be given where possible to the wishes of the
employees in determining the time of their vacations, but the final decision as
to an employee's vacation period will rest exclusively with the Company.
SECTION 3. If during any calendar year conditions have made it impossible for
the Company to grant to any employee all or part of his vacation, such employee
will receive, in addition to his regular pay, compensation at his regular hourly
rate for such part of the vacation as the Company was unable to grant. In the
alternative, an employee may elect to carry over up to forty hours of vacation
that the Company could not grant, which must be taken the following calendar
year.
11
SECTION 4. In the event that the Company finds it necessary to postpone the
scheduled vacation of any employee and is unable to assign him another vacation
period which is suitable to him, he shall receive vacation pay in accordance
with the provisions of Section 3 of this Article.
SECTION 5. In the event any employee is sick at the time his vacation is
scheduled to begin, the Company shall upon request of such employee grant a
later vacation period within the calendar year if it is practicable to do so. If
the Company is unable to grant a later vacation or if such later vacation is not
suitable to the employee, he shall receive vacation pay in accordance with the
provisions of Section 3 of this Article.
SECTION 6. In the event an employee is called in from vacation for emergency
work, he shall be paid, in addition to his vacation pay as set forth in Section
l of this Article, twice his regular hourly rate for all hours worked during his
vacation, but in no event shall the employee receive less than the equivalent of
eight hours' pay at his regular hourly rate for each time he is called in for
such emergency work.
SECTION 7. Upon the termination of an employee's services with the Company,
voluntarily or otherwise, he shall be paid any vacation pay not previously paid
to him which would, except for such termination, be payable to him during the
then current calendar year. Upon the death of an employee, any vacation pay
payable to him hereunder shall be mailed to the employee's last known address.
SECTION 8. If termination is due to retirement, the employee shall also be paid
an amount equivalent to the vacation pay that would, except for such retirement,
have been payable to him during the calendar year immediately following the year
of his retirement, except that it shall be paid pro-rata based on the number of
completed months of employment during the calendar year in which he retired.
SECTION 9. Notwithstanding any other provision in this Article, a full-time
employee who terminates employment with at least one year of continuous service
and who is subsequently re-employed by the Company as a full-time employee will
be credited with the amount of employee's pre-break service for the purpose of
computing the employee's vacation eligibility under Section 1 hereof, effective
one year after the employee's rehire.
ARTICLE VI
SICK LEAVE, FUNERAL LEAVE, AND LEAVE OF ABSENCE
SECTION l. (a) When any employee is absent from work due to sickness and
satisfies the Company that such absence from work is warranted, the Company will
pay such employee at his regular hourly rate for such hours of absence within
his regularly scheduled work week, subject to the limitation that hours for
which such pay is allowed shall not aggregate more than 40 for any calendar
year, provided, however, that up to 200 hours of unused sick allowance may be
accumulated and will be used before the 40 hours of sick allowance for the
current year. The provisions of this Article shall not affect any Sickness
Disability Benefits to which the employee may be entitled under "The United
Illuminating Company Plan for Employees' Disability Benefits."
12
(b) During each calendar year, with the prior authorization of the
supervisor, the Company will grant to employees who are not shift workers, as
defined in Section 1 (c) of this Article, eight hours of personal paid absence
in lieu of eight of the aggregate of forty hours of absence due to sickness in
Section 1 (a) of this Article. The employee must have at least eight hours of
unused sick time available to him to take a paid personal day, may not take paid
personal time in increments of less than eight hours, and may not accumulate
unused personal time from year to year.
(c) During each calendar year, with the prior authorization of the
supervisor, the Company will grant to shift workers whose schedule includes an
afternoon or evening start time twenty-four hours of personal paid absence in
lieu of twenty-four of the aggregate of the forty hours of absence due to
sickness in Section 1 (a) of this Article. The employee must have at least
twenty-four hours of unused sick time available to him to take three paid
personal days, may not take paid personal time in increments of less than eight
hours, and may not accumulate unused personal time from year to year.
SECTION 2. (a) When any employee is absent from work due to the death of his
spouse, child, ▇▇▇▇▇▇ child, or parent (or step-parent in lieu of parent), the
Company will pay such employee at his regular hourly rate for such hours of
absence within his regularly scheduled work week, up to a maximum of 40 hours.
(b) When any employee is absent from work due to the death of his
brother, sister, or parent-in-law, the Company will pay such employee at his
regular hourly rate for such hours of absence within his regularly scheduled
work week, up to a maximum of 24 hours.
(c) When any employee is absent from work due to the death of his
grandparent or grandchild, step child, or half-brother or half-sister, the
Company will pay such employee at his regular hourly rate for such hours of
absence within his regularly scheduled work week, up to a maximum of 8 hours.
(d) When an employee is absent from work in order to serve as a
pallbearer for another employee, the Company will pay such employee at his
regular hourly rate for such hours of absence within his regularly scheduled
work week, up to a maximum of 4 hours.
(e) Payment under this Section is subject to the Company being
satisfied that such absence is warranted.
SECTION 3. Leaves of absence without pay not to exceed two weeks in any contract
year shall be granted upon the request of the Union, to not more than three
members of the Union, provided the absence of the employees selected by the
Union shall not in the opinion of the Company interfere with the Company's
operations or cause undue hardship to other employees.
SECTION 4. A leave of absence without pay or any other benefits shall be granted
upon the request of the Union to enable not more than one employee to serve as a
Union representative. Upon reinstatement at the termination of the Leave of
Absence, the time spent on the Leave of Absence shall be added to the employee's
Classification Seniority and Company Service for seniority purposes. Such time
shall not be included in his years of service or of employment for
13
any other purpose, including vacations, pensions, or sickness disability
benefits, but the Leave of Absence shall not constitute a break in "continuous"
service so as to result in a loss of previously accrued years of service or of
employment for any purpose, including vacations, pensions, or sickness
disability benefits.
SECTION 5. When an employee is required to be absent from work to serve as a
juror, the Company will pay such employee the difference between his jury pay
and his regular hourly rate for such hours of absence within his regularly
scheduled work week.
ARTICLE VII
HOSPITAL, MEDICAL, DENTAL AND DISABILITY INSURANCE
SECTION 1. From May 16, 2002 to December 31, 2002, the Company will make
available to employees the Anthem Blue Cross & Blue Shield of Connecticut
BlueCare Plus POS Plan providing the hospital and medical benefits set forth in
Exhibit VI, which is attached hereto and made a part hereof. The Company will
pay 89% of the cost of the premiums for such coverage for all employees and
their eligible dependents, if any, and employees shall pay the remaining premium
costs for themselves and their eligible dependents, if any.
SECTION 2. Effective January 1, 2003, the Company will make available to
employees the Health Net HMO Plan providing the hospital and medical benefits
set forth in Exhibit V, which is attached hereto and made a part hereof. The
Company and employees will share the cost of the premiums for such coverage for
all employees and their eligible dependents, if any, as set forth in subsections
2 (a)-(c) below:
(a) Effective January 1, 2003, the Company will pay 89% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
(b) Effective January 1, 2004, the Company will pay 88% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
(c) Effective January 1, 2005, the Company will pay 87% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
SECTION 3. Effective January 1, 2003, the Company shall have the right to
replace the health insurance plan described in Section 2 with a substitute plan
that provides benefits comparable to, but not identical to, the overall level of
benefits described on Exhibit V. For purposes of this section, overall
comparability shall be determined without regard to (a) any changes in the
identity of the carrier, (b) any differences in plan provisions concerning the
administration of benefits and procedures for obtaining reimbursement for
services, and (c) any differences based on a one-for-one comparison of specific
benefits in the substitute plan and those listed on Exhibit V, it being
recognized by the parties that differences in benefits offered for specific
services do not necessarily render plans materially dissimilar on a
comprehensive basis and that the intent of this section is to ensure only that
any substitute plans adopted by the Company approximate prior
14
plans without a material change in the overall level of benefits provided to
employees and their eligible dependents. The Company will solicit the input of
the Union prior to adopting a substitute plan under this section, and will allow
for Union representation on any committee formed for the purpose of reviewing
the provisions of any substitute plans considered by the Company.
SECTION 4. During the term of this Agreement,
(a) The Company will make available a Comprehensive Dental Expense Plan for
all employees and their eligible dependents, if any, which plan will
provide a calendar year maximum of $2,500 per person (including
orthodontic treatment), a lifetime maximum of $5,000 per person
(excluding orthodontic treatment), a lifetime maximum of $1,500 per
person for orthodontic treatment, and a calendar year deductible of $75
per covered person. The Company and employees will share the cost of
the premiums for such coverage for all employees and their eligible
dependents, if any, in accordance with the following schedule:
From May 16, 2002 to December 31, 2002, the Company will pay 89% of the
cost of the premiums for employees and their eligible dependents, if
any. Employees shall pay the remaining premium costs for themselves and
their eligible dependents.
Effective January 1, 2003, the Company will pay 89% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
Effective January 1, 2004, the Company will pay 88% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
Effective January 1, 2005, the Company will pay 87% of the premium
costs for employees and their eligible dependents, if any. Employees
shall pay the remaining premium costs for themselves and their eligible
dependents.
(b) The Company will pay the premiums for a Long Term Disability Plan for
all employees.
(c) The Company shall have the right to replace any of the existing plans
in Section 4 (a) and (b) with another plan that will provide the same
benefits. The Company will inform the Union prior to changing an
existing plan with any other plan.
SECTION 5. Each employee shall have the option of enrolling in another hospital
and medical benefits plan, if available, in lieu of the plan described in
Section 1 or Section 2 above. If an employee elects such option, and if the cost
of the premiums for such optional coverage is less than the cost of the plan
described in Section 1 or Section 2, the Company will pay 89% of the premium
costs (89% effective January 1, 2003; 88% effective January 1, 2004; and 87%
effective January 1, 2005) for such optional coverage for employees and their
eligible dependents, if any. The employee shall pay the remaining premium costs
for himself and his eligible dependents. If the cost of the premiums for such
optional coverage exceeds the cost of
15
the plan described in Section 1, the Company will pay an amount equal to the
amount it otherwise would have paid under Section 1 for such employee and his
eligible dependents had the employee not elected optional coverage, and the
employee shall pay the remaining premium costs for himself and his eligible
dependents. If the costs of the premiums for such optional coverage exceeds the
cost of the plan described in Section 2, the Company will pay an amount equal to
the amount it otherwise would have paid under Section 2, plus an additional
amount equal to 50% (25% effective January 1, 2004, and 15% effective January 1,
2005) of the difference between the cost of the optional plan and the amount it
otherwise would have paid under Section 2 for such employee and his eligible
dependents had the employee not elected optional coverage. The employee shall
pay the remaining premium costs for himself and his eligible dependents.
Each new employee shall elect, at the time of hiring, coverage under
either the plan provided in Section 1 (Section 2, effective January 1, 2003) or
optional coverage, to be effective in either event according to the enrollment
provisions of each such coverage.
For other employees, optional coverage shall become effective only on
January 1st of each year. Each employee shall notify the Company prior to
December 1st of the preceding year of his intention to elect optional coverage.
Such optional coverage shall continue from year to year thereafter unless the
employee notifies the Company prior to December 1st of any year of his intention
to return to the plan provided in Section 1 (Section 2, effective January 1,
2003) as of January 1st.
SECTION 6. The employee's share of the premium costs for the coverage described
in Sections 1, 2, 4 (a), and 5 shall be deducted from the employee's pay on a
weekly basis, provided the Company is in receipt of a written authorization for
such purpose from the employee.
SECTION 7. The coverages described in Sections 1, 2, 4 (a), and 5 shall be made
available to employees in accordance with and subject to the provisions of the
Company's "BENEFLEX Plan," as it may change from time to time.
SECTION 8. The parties acknowledge that during the parties' negotiations for a
new collective bargaining agreement, the Union engaged the services of a health
insurance benefits consultant to explore the feasibility of identifying an
alternative health insurance plan, providing alternative benefits acceptable to
the parties, at a cost lower than the cost of the Health Net HMO Plan referenced
in Section 2 and the three optional plans currently available under Section 5
(herein the "Alternative Plan"), for both active employees and retirees
commencing January 1, 2003.
Between the effective date of this Agreement and August 1, 2002, the
Company will, upon request, furnish to a health insurance benefits consultant
designated by the Union, such data as is reasonably necessary and customary for
the purpose of preparing a Request for Proposal (herein the "RFP") concerning an
Alternative Plan, it being understood that such consultant shall not have any
authority to act for or on behalf of the Company and shall not be an agent of
the Company. The RFP shall require a separate itemization of the cost of an
Alternative Plan for (a) all bargaining unit employees and all present and
future bargaining unit retirees, (b) all non-bargaining unit employees and all
present and future non-bargaining unit retirees, and (c) all employees of the
Company and all present and future retirees of the Company.
16
Based on the results of the RFP, the Union shall have the right to
present to the Company an Alternative Plan for review and evaluation, together
with an offer to implement the Alternative Plan effective January 1, 2003. If
the Union offers to implement the Alternative Plan on terms such that the
projected cost to the Company of implementing and maintaining the Alternative
Plan for bargaining unit employees, and all present and future bargaining unit
retirees, during 2003 is less than or equal to the cost to the Company of
maintaining the health insurance plans otherwise applicable to such individuals
under the Agreement (and any predecessor agreements) during 2003, then the
parties shall negotiate the implementation of the Alternative Plan, provided
that the implementation of the Alternative Plan would not substantially impact
the cost of insurance provided by the Company to non-bargaining unit employees
and non-bargaining unit retirees.
If the actual cost to the Company (net of the premium cost shares paid
by participants) for the Alternative Plan during 2003, or any succeeding year,
is less than the actual cost to the Company of providing health insurance for
the bargaining unit and bargaining unit retirees (net of the premium cost shares
paid by participants) during 2002, in each case measured on a
cost-per-employee/cost-per-retiree basis, the difference will be rebated to the
bargaining unit on such terms as shall be agreed by the parties.
Unless an Alternative Plan is implemented in accordance with this
Section, the plans described in Section 2 shall remain in effect. In the event
an Alternative Plan is not implemented in accordance with this Section for 2003,
the Union shall have the right to pursue a second RFP, on the terms described
above, for either 2004 or 2005, at its option.
17
ARTICLE VIII
THE UNITED ILLUMINATING COMPANY PENSION PLAN AND
THE UNITED ILLUMINATING COMPANY PLAN FOR
EMPLOYEES' DISABILITY BENEFITS
SECTION 1. The Company will take such action as may be appropriate to make
modifications to The United Illuminating Company Pension Plan as may be
necessary to comply with applicable laws and to obtain the approval of the U.S.
Treasury Department.
SECTION 2. Effective May 16, 2003, the Company will take such action as may be
appropriate and obtain the approval of the U.S. Treasury Department to amend The
United Illuminating Company Pension Plan (the "Pension Plan") to change the
actuarial reduction for early retirements under Section 4.02 (c) of the Pension
Plan from four-twelfths (4/12) of one percent (i.e., 4% per year) to
three-twelfths (3/12) of one percent (i.e., 3% per year) for each month by which
the commencement date of an employee's pension precedes his fifty-eighth (58th)
birthday.
SECTION 3. The Company shall maintain The United Illuminating Company Plan for
Employees' Disability Benefits.
SECTION 4. The Company will take such action as may be appropriate and obtain
the approval of the U.S. Treasury Department to amend The United Illuminating
Company 401(k)/Employee Stock Ownership Plan (KSOP) to provide as follows:
(a) Commencing January 1, 2003, the Company will contribute to the
KSOP shares of Company stock in an amount equal to one percent
(1.0%) for each one percent (1.0%) of an employee's gross
wages, up to three percent (3.0%) of such gross wages, which
the employee elects to have withheld from his wages and paid
into the KSOP, subject to applicable limits under the Internal
Revenue Code.
(b) Commencing January 1, 2003, the Company will contribute to the
KSOP shares of Company stock in an amount equal to one-half of
one percent (.50%) for each additional one percent (1.0%) of
an employee's gross wages, up to an additional two percent
(2.0%) of such gross wages, which the employee elects to have
withheld from his wages and paid into the KSOP, subject to
applicable limits under the Internal Revenue Code.
(c) The maximum matching contribution of sub-sections 4 (a) and 4
(b) shall be four percent (4.0%) of an employee's wages and
will be in the form of Company stock.
(d) Employees shall be permitted to contribute to the KSOP up to
the maximum dollar limit prescribed by law.
(e) Effective July 1, 2002, employees who are KSOP participants
and who turn age 50 during the Plan year shall be eligible to
make an additional contribution to the KSOP up to the
following annual limits: $1,000 in 2002, $2,000 in 2003,
$3,000 in 2004, and $4,000 in 2005.
18
(f) Participants in the KSOP may elect to diversify up to 40% of
the value of their Company stock in the KSOP.
(g) Effective January 1, 2003, the 25% dividend match in Section
3.02 (a) (3) (A) of the KSOP will be eliminated.
(h) The practice of making at or around the end of the Plan Year,
an additional Company Matching Contribution equal to the
difference, if any, between a participant's Calculated
Matching Contribution and the participant's Actual Matching
Contribution, as defined in Section 3.02 (a) (2) of the KSOP,
shall be eliminated as of January 1, 2004.
(i) Expenses associated with the amendment, restatement, and
administration of the KSOP shall continue to be paid out of
funds in the Plan and allocated as appropriate to Plan
participants.
ARTICLE IX
SAFETY
The Company will continue to make reasonable regulations for the safety
and health of its employees during their hours of employment, and the Union
agrees that it will direct its members to use the protective devices, wearing
apparel and other equipment provided by the Company for the protection of
employees from injury. The Union also agrees that it will encourage its members
to report promptly conditions in the Company's plant that might be dangerous to
employees and the public and to do all in their power to make Company property
and equipment safe, sanitary and dependable. The Union's Safety Officer will
serve as a standing member on the Company's Central Safety Steering Committee.
ARTICLE X
TOOLS AND EQUIPMENT
The Company shall furnish all proper and necessary tools which the
Company requires an employee to use in the performance of his duties. When tools
and equipment are furnished by the Company to an employee, he shall be
responsible for their return in good condition (ordinary wear and tear
excepted), and shall pay to the Company the cost of any tools lost or carelessly
damaged.
ARTICLE XI
SENIORITY
SECTION l. The selection of employees to fill vacancies in occupational
classifications and to be laid off or rehired shall be in accordance with the
principles of seniority set forth in a certain document entitled "Principles of
Seniority," which document, having been agreed to by the parties, is attached
hereto and made a part hereof and marked Exhibit II; PROVIDED, HOWEVER, no
employee shall be entitled hereunder to assignment to any occupational
classification for which he is not qualified as hereinafter provided. An
employee shall be considered qualified for assignment to an occupational
classification if, (a) he has the ability and
19
training necessary for the efficient performance of the work called for therein,
(b) his performance has been satisfactory and his attitude cooperative, and (c)
he has no infirmity which would result in such assignment being dangerous to
himself or to others or their property.
SECTION 2. Temporary reassignment of personnel and work to meet emergency
conditions will be made by the Company whenever necessary without consideration
of the "Principles of Seniority."
SECTION 3. Not less than 7 days prior to the effective date on which the Company
proposes to promote an employee into or to fill a vacancy in an occupational
classification, within Grades l to 8 inclusive or Grades E to K inclusive, for
which the Union is the collective bargaining representative as provided in
Article I, Section l, or to place an employee on trial preparatory to such
promotion, the Company shall post on the bulletin boards of departments affected
the name of the employee and the position for which he has been selected. When
an employee has been passed over for such promotion or trial, either the
employee, or the Union with the employee's written consent, may, at any time
prior to the effective date of such promotion or trial, request that the Company
state in writing its reasons for not selecting him. At least three days prior to
the proposed date of posting, the Company shall notify the appropriate Union
Official of the name of the employee and the position for which he has been
selected. If the Union Official so requests, prior to the posting of the notice,
the Company shall postpone the posting until the seventh day after notification
to the Union Official.
In the event the Union wishes to protest the selection of such employee
for the promotion or trial under consideration, the Union may submit its protest
in writing as a grievance directly to a Board of Review in accordance with the
provisions of Article XVII, Section 1 (c) at any time prior to the effective
date of such proposed promotion or trial, and said Board of Review shall be
convened not more than five days after the grievance is submitted.
If such protest is filed by the Union, the employee selected by the
Company may be temporarily assigned to the occupational classification in
question pending the settlement of the grievance.
SECTION 4. If, during the term of this Agreement and pursuant to the provisions
of Paragraph 5 (or pursuant to the provisions of clause (b) of the third from
the last sentence of Paragraph 2) of the above-mentioned "Principles of
Seniority", any full time regular employee hired before May 16, 2002 is demoted
or transferred from his regular occupational classification, as the result of
being excess in such regular occupational classification, to another
occupational classification in a lower grade, then, in such event and subject to
the following limitations and provisions, such employee's new occupational
classification shall, only for the purposes of determining such employee's
regular hourly rate and the scheduled, promotional and temporary assignment
increases for which such employee may be eligible under Sections 3, 5 and 6,
respectively, of Article II hereof and of determining any general increase for
which such employee may be eligible during the term hereof, be treated as though
it were in the grade in which his regular occupational classification is.
If, during the term of this Agreement and pursuant to the provisions of
Paragraph 5 (or pursuant to the provisions of clause (b) of the third from the
last sentence of Paragraph 2) of the
20
above-mentioned "Principles of Seniority", any full time regular employee hired
after May 15, 2002 is demoted or transferred from his regular occupational
classification, as the result of being excess in such regular occupational
classification, to another occupational classification in a lower grade, then,
in such event and subject to the following limitations and provisions, such
employee thereafter shall continue to be paid at the regular hourly rate in
effect at the time of his demotion or transfer. The employee shall not be
eligible to receive General Increases under Article XXI, Section 2, nor any
increases under Article II unless his rate of pay falls within the range
applicable to any occupational classification to which he is assigned.
Eligibility for temporary assignment pay under Article II, Section 6 (a) shall
be determined by reference to the grade at which the employee is being paid at
the time temporary assignment is made.
(a) The provisions of this Section 4 shall apply to an employee only so
long as he is satisfactorily performing the duties of such new
occupational classification.
(b) If an employee is selected to fill a vacancy in any occupational
classification for which he had submitted a timely bid at the time of
such demotion or transfer under the provisions of Paragraph 3 of the
above-mentioned "Principles of Seniority," the provisions of this
Section 4 shall not thereafter apply to such employee, except with
respect to subsequent demotions or transfers covered hereby.
(c) If an employee, having requested assignment to one of the Company's
line schools, is selected for such assignment, the provisions of this
Section 4 shall not thereafter apply to such employee, except with
respect to subsequent demotions or transfers covered hereby.
(d) An employee then receiving the benefits of this Section 4 may be
selected, without regard to the provisions of Paragraph 2 of the
above-mentioned "Principles of Seniority," to fill a vacancy in any
occupational classification in the grade of such employee's regular
occupational classification, if such employee has greater Company
Service than the employee who would otherwise be selected to fill such
vacancy, and if he is then able to do the work. In the event of such
selection, the provisions of this Section 4 shall not thereafter apply
to such employee, except with respect to subsequent demotions or
transfers covered hereby.
ARTICLE XII
MANAGEMENT
Except as otherwise provided in this Agreement, nothing in this
Agreement shall be deemed to limit the Company in any way in the exercise of the
regular and customary functions of management, including, among other things,
the direction of the working forces; the establishment of methods of operation;
the promotion and demotion of employees; the establishment of plans for
increased efficiency; the adoption and maintenance of engineering standards and
standards of performance and quality; the right to hire, suspend or discharge
for proper cause; the right to select or employ supervisory employees, including
foremen and their assistants; the right to transfer or relieve from duty because
of lack of work; the right to determine from time to time the number of hours
worked per day and per week; and the right to establish and enforce rules and
regulations pertaining to personal conduct and deportment of
21
employees. The provisions of this Article shall not be used arbitrarily or
capriciously as to any employee or for the purpose of discriminating in any
manner against the Union or its members.
ARTICLE XIII
CONTRACTING OUT WORK
SECTION l. The Company will not contract out any work which its employees are
capable of performing by virtue of their work in their respective occupational
classifications, except in cases of emergency, necessity, peaks of work, or
special projects creating a temporary need for substantial additional manpower
and/or equipment, or in those instances when the use of contractors will
increase efficiency, ensure reliability of service, or reduce costs; and in no
event will the Company contract out any work which its employees are then
performing if the contracting out of such work would directly result in the
layoff of the employees performing such work.
SECTION 2. If the Company proposes to contract out any work which its employees
are capable of performing by virtue of their work in their respective
occupational classifications, the Company will notify the Union of the proposed
work and will state its reasons for contracting it out. Such notice will be
given either in advance of the commencement of the work or, in an emergency,
within a reasonable time thereafter.
ARTICLE XIV
UNION SECURITY
SECTION l. The Company agrees that those employees who are members of the Union
as of the effective date of this Agreement, or who hereafter become members of
the Union, shall remain members of the Union in good standing as a condition of
employment. An employee shall be deemed to have maintained Union membership in
good standing if he shall have tendered the periodic dues uniformly required as
a condition of acquiring or retaining Union membership.
SECTION 2. Employees may withdraw from membership in the Union during the
fifteen-day period between October 8 and October 22 inclusive in each calendar
year hereafter, and as of October 22 in each calendar year the Union shall
furnish the Company with a notarized list of its members in good standing as of
that date. The Union agrees that neither it nor any of its officers or members
will intimidate or coerce employees into joining the Union or continuing their
membership therein.
SECTION 3. As a condition of employment, all employees hired on or after June 8,
l962, shall, from and after the time of employment on a regular basis, and all
employees who hereafter resign from the Union in accordance with the provisions
of Section 2, shall, from and after the time of resignation, pay to the Union
the amount of dues payable by Union members.
SECTION 4. On October 8 in each calendar year hereafter, the Company shall post
upon Company bulletin boards a notice in the form attached hereto and marked
Exhibit III.
22
ARTICLE XV
DEDUCTION OF UNION DUES
SECTION l. The Company agrees that upon the individual written request of any
employee in the form attached hereto and marked Exhibit IV, it will on the first
regular payday following receipt of such written request and on every regular
payday thereafter deduct such amount as the President of the Union shall from
time to time certify to the Company as being the weekly dues which have been
established as payable in accordance with the Constitution and By-Laws of the
Union, provided such an amount is owing to said employee on said payday. The
President of the Union shall from time to time notify the Company of the proper
amount to be deducted hereunder as Union dues of said employee, and shall
certify that such deduction has been authorized in accordance with the
Constitution and By-Laws of the Union.
SECTION 2. The sums of money so deducted shall be paid by the Company, via check
or wire transfer, to the Union, whose Treasurer shall give the Company receipts
therefor. It shall be the duty of the Union to certify to the Company in writing
in a manner reasonably satisfactory to the Company the name and address of said
Treasurer and any changes in that office. Each receipt signed by said Treasurer
shall constitute a complete release and discharge of the Company as to any sums
covered in said receipt.
SECTION 3. All written requests of the employees referred to in Section l of
this Article shall terminate automatically upon the termination of this
Agreement, and any such written request shall be revocable at any time as to
future deductions by written notice by the employee to the Company.
SECTION 4. The Union agrees to indemnify and save harmless the Company for any
sums which the Company is required to pay as the result of a claim that the sums
of money herein referred to have been illegally deducted.
SECTION 5. On or before October l5th of each year, the Company will furnish the
Union with a list of employees for whom it has Dues Deduction Authorization
Forms as of September 30th.
23
ARTICLE XVI
BULLETIN BOARDS
The Company will permit the reasonable use by the Union of the regular
bulletin boards of the Company for the purpose of notifying members of the Union
of :
1. Meetings of the Union,
2. Union elections,
3. Social, educational or recreational affairs of the Union.
No such notice shall contain any wording or implication critical of the
Company or its policies or of any other person or organization. Each such notice
shall be submitted to and approved by the Company before being posted.
ARTICLE XVII
GRIEVANCE PROCEDURE
SECTION 1. During the life of this Agreement there shall be no strike, slowdown,
suspension or stoppage of work in any part of the Company's operations by
employees or any employee, nor any lockout by the Company in any part of the
Company's operations. Should any differences arise between the Company and the
Union or its members, an ▇▇▇▇▇▇▇ effort shall be made to settle such differences
in the following manner, including application of the principles of mutual gains
bargaining at steps (a) and (b):
(a) First, within thirty days of the occurrence of the incident leading to
the difference, between the employee or employees involved and his or
their immediate supervisor, or between a ▇▇▇▇▇▇▇ selected by the Union
to represent the employee or employees and said supervisor.
(b) If the grievance is not adjusted with the supervisor within seven days,
then within ten days thereafter the individual employee or group of
employees may take the matter up directly with the next level of
Management as designated by the respective Business Area representative
on the Company Negotiating Committee, or the grievance may be reduced
to writing and signed by the employee or employees and the appointed
▇▇▇▇▇▇▇ and then taken up by the ▇▇▇▇▇▇▇ with the same designated level
of Management.
(c) If the grievance is not adjusted with Management as specified in
Section 1 (b) within three days, then within ten days thereafter either
party may submit notice of the grievance in writing to a Board of
Review composed of the respective Business Area representative on the
Company Negotiating Committee (or an authorized designee), one other
member of the Company Negotiating Committee, a Labor Relations staff
member, and the standing members of the Union Negotiating Committee by
mailing same in accordance with the provisions of Article XX. Said
Board will either finally dispose of the matter upon the mutual
agreement of the Company and Union representatives, or either party may
submit it to arbitration.
24
(d) If any grievance involving an interpretation of the meaning of the
provisions of this Agreement is not adjusted within twelve days after
the meeting of the Board of Review at which the grievance is submitted,
then within thirty days thereafter either party may submit such
grievance to the American Arbitration Association. The American
Arbitration Association shall appoint a neutral arbitrator in
accordance with its then prevailing rules governing labor arbitrations.
The arbitrator's decision shall be rendered within 90 days after the
conclusion of the hearing and the filing of briefs, and shall be final
and binding. Each party shall pay one-half of the fee and expenses of
the arbitrator.
(e) Either party may appeal to the Federal Mediation and Conciliation
Service for mediation and conciliation, but such mediation and
conciliation shall not be a cause for delay of such arbitration.
(f) Any grievance not taken to the next step within the time limit may be
deemed to be settled, unless the parties mutually agree in writing to
extend the time limit for a particular step.
(g) In determining the time limits herein, Saturdays, Sundays and holidays
shall be excluded.
SECTION 2. The Union shall have the right to submit a grievance involving
suspension, layoff, or discharge directly to a Board of Review in accordance
with the provisions of Section 1 (c) and said Board of Review shall be convened
not more than five days after the grievance is submitted.
SECTION 3. The question of whether or not the Company shall pay the employee
back pay for the period covered by such suspension, discipline, layoff or
discharge if such suspension, discipline, layoff or discharge shall ultimately
be held to have been wrongful may be considered as part of the grievance.
SECTION 4. When considering an employee's prior record for the purpose of
determining the penalty to be applied in a current disciplinary action, any
previous offense more than three years old shall be ignored if it did not result
in disciplinary suspension, and the weight to be accorded any other previous
offense shall depend on the remoteness of such other offense and on the nature
of the employee's record since then.
ARTICLE XVIII
EQUAL EMPLOYMENT OPPORTUNITY
SECTION l. The Company and the Union endorse the principles and objectives of
the state and federal equal employment opportunity laws. Both the Company and
the Union will cooperate affirmatively to ensure that the terms and conditions
of this Agreement will be administered without discrimination in regard to race,
color, religious creed, age, sex, national origin, ancestry, marital status,
sexual orientation, disability, and veteran status. The Company and the Union
will also provide reasonable accommodations for qualified employees with a
disability in accordance with applicable law.
SECTION 2. There shall be an Equal Employment Opportunity Committee consisting
of two representatives of the bargaining unit designated by the Union and two
representatives of the
25
Company designated by the Company. The Committee shall meet periodically as
needed (but not less than twice each year) to discuss the administration of the
Agreement pursuant to Section l above. In addition, the Committee shall meet at
the request of a bargaining unit employee who believes that he has been the
subject of discrimination prohibited under Section 1. If the Committee, after
meeting with the employee, believes further consideration of the complaint is
warranted, it shall refer the matter to appropriate Company officials for
investigation. Nothing in this Section 2 shall alter or limit the rights of the
employee under the Grievance Procedure, Article XVII.
ARTICLE XIX
GOVERNMENTAL REGULATIONS
If any provision of this Agreement shall be rendered invalid by
operation of law, the remainder of this Agreement shall remain in full force and
effect.
ARTICLE XX
NOTICES AND CERTIFICATIONS
All notices and certifications shall be deemed to have been fully and
completely served or made by the Company when sent by registered mail addressed
to ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, President, Local 470-l of the Utility Workers Union of
America, AFL-CIO, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, and by the Union
when sent by registered mail to ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, Senior Human Resources
Executive, The United Illuminating Company, ▇.▇. ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇▇,
▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, unless either party hereto shall have substituted by
written notice a different name or address at least five days before any such
notice or certification is mailed.
ARTICLE XXI
DURATION OF AGREEMENT
SECTION l. This Agreement shall be effective as of June 9, 2002. It shall remain
in effect through May l5, 2005, and shall thereafter be renewed automatically
for yearly periods from year to year until canceled in accordance with the
provisions of Section 3 of this Article.
SECTION 2. All General Increases provided for in this Agreement shall be
effective on the Sunday nearest the effective date of this Agreement or the
anniversary thereof, as set forth in Exhibit I, Schedule A, and all General
Increases provided for in any successor agreement shall be effective on the
Sunday nearest the effective date of such successor agreement or the anniversary
thereof, regardless of whether the nearest Sunday precedes or follows the
effective date of any such successor agreement or the anniversary thereof.
SECTION 3. At least sixty days but not more than seventy days before each annual
renewal date commencing May l6, 2005, either party shall submit to the other
party in writing notice of its desire to terminate or modify this Agreement,
together with any proposed amendments or revisions to this Agreement. Not later
than forty-five, nor more than sixty days prior to said renewal date,
representatives of the Company and the Union shall meet to consider such
proposed amendments or revisions. In the absence of such notification of
cancellation, this Agreement shall be automatically renewed for yearly periods
from year to year with such changes
26
and amendments, if any, as have been agreed upon prior to the last date on which
notice of cancellation of this Agreement could have been given.
SECTION 4. (a) In the event of a consolidation or merger, or in the event of the
sale of the Company's operations, the Company shall require any successor
corporation or purchaser to assume the terms and conditions of this Agreement
with respect to all of the employees of the Company who are in the bargaining
unit at the time of such consolidation, merger or sale.
(b) Effective May 16, 2002, in the event of a sale of a significant
part of the Company's operations, the Company agrees that it will require the
purchaser of such operations to offer employment to all affected employees.
Employees who do not accept such employment and who, after being
assigned to the Company-wide pool, are laid off by the Company, and other
employees who are laid off by the Company as a result of the sale, shall receive
severance payments in an amount equal to one year's pay (i.e., 2080 hours' pay
at their regular hourly rate or 52 weeks' pay at their regular weekly rate).
These payments shall be in lieu of the severance payments set forth in Exhibit
II for Article XI.
IN WITNESS WHEREOF, the parties have executed this Agreement at New
Haven, Connecticut, this 17th day of September, 2002.
27
LOCAL 470-L OF THE UTILITY WORKERS UNION OF AMERICA, AFL-CIO
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PRESIDENT
▇▇▇▇▇▇ ▇. ▇▇▇▇▇, EXECUTIVE VICE PRESIDENT
Attest: ▇▇▇▇▇▇ ▇▇▇▇▇▇, VICE PRESIDENT - CLIENT FULFILLMENT/CLIENT
SERVICES/FINANCE
▇▇▇▇▇ ▇. Rams, VICE PRESIDENT - ELECTRIC SYSTEM
▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, CHIEF ▇▇▇▇▇▇▇, CLIENT FULFILLMENT/CLIENT
SERVICES/FINANCE & ACTING RECORDING SECRETARY, LOCAL 470-1
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, CHIEF ▇▇▇▇▇▇▇, STANDARD FIELD
THE UNITED ILLUMINATING COMPANY
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, SENIOR HUMAN RESOURCES EXECUTIVE
▇▇▇▇▇▇▇ ▇. ▇▇▇▇, VICE PRESIDENT ELECTRIC SYSTEM
▇▇▇▇▇▇▇ ▇. Sages, VICE PRESIDENT FINANCE AND CFO
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, GENERAL MANAGER CLIENT FULFILLMENT
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, PROCESS LEADER EMPLOYEE RELATIONS
Approved: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, NATIONAL REPRESENTATIVE
UWUA, AFL-CIO
28
EXHIBIT I
SCHEDULE A
Effective June 9, 2002
WEEKLY RATES OF PAY FOR
OCCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
---------------------------
A $348.00 $439.60
B $354.40 $466.80
C $423.20 $502.80
D $501.20 $582.40
E $544.00 $632.00
F $581.60 $669.60
G $626.40 $722.00
H $670.40 $769.60
I $722.80 $825.20
J $774.40 $880.80
K $846.80 $960.40
L $912.40 $1,048.80
M $996.40 $1,145.20
-------------------------
HOURLY RATES OF PAY FOR
OCCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
--------------------------
1B $24.63 $28.31
1A $23.46 $26.96
1 $22.91 $25.68
2 $22.03 $24.81
3 $21.20 $23.90
4 $20.08 $22.67
5 $18.88 $21.49
6 $17.87 $20.35
7 $16.83 $19.30
8 $16.03 $18.40
9 $13.76 $17.64
10 $13.20 $16.91
11 $12.71 $16.34
12 $12.35 $15.91
13 $12.04 $15.49
------------------------
29
EXHIBIT I
SCHEDULE A
Effective May 18, 2003
WEEKLY RATES OF PAY FOR
OCCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
--------------------------
A $379.20 $473.20
B $385.60 $501.60
C $456.40 $538.40
D $536.80 $620.40
E $580.80 $671.60
F $619.60 $710.40
G $665.60 $764.40
H $711.20 $813.20
I $765.20 $870.40
J $818.40 $928.00
K $892.80 $1,010.00
L $960.40 $1,100.80
M $1,046.80 $1,200.00
------------------------
HOURLY RATES OF PAY FOR
OCCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
1B $25.88 $29.67
1A $24.68 $28.28
1 $24.11 $26.97
2 $23.21 $26.07
3 $22.35 $25.13
4 $21.20 $23.87
5 $19.96 $22.65
6 $18.92 $21.48
7 $17.85 $20.39
8 $17.03 $19.47
9 $14.69 $18.68
10 $14.11 $17.93
11 $13.61 $17.35
12 $13.24 $16.90
13 $12.92 $16.47
------------------------
30
EXHIBIT I
SCHEDULE A
Effective May 16, 2004
WEEKLY RATES OF PAY FOR
CCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
--------------------------
A $411.20 $508.00
B $417.60 $537.20
C $490.80 $575.20
D $573.60 $659.60
E $618.80 $712.40
F $658.80 $752.40
G $706.00 $808.00
H $753.20 $858.00
I $808.80 $917.20
J $863.60 $976.40
K $940.00 $1,060.80
L $1,010.00 $1,154.40
M $1,098.80 $1,256.80
------------------------
HOURLY RATES OF PAY FOR
OCCUPATIONAL CLASSIFICATIONS
GRADE MINIMUM MAXIMUM
--------------------------
1B $27.17 $31.08
1A $25.94 $29.64
1 $25.35 $28.29
2 $24.42 $27.37
3 $23.54 $26.40
4 $22.35 $25.10
5 $21.07 $23.84
6 $20.00 $22.64
7 $18.90 $21.52
8 $18.06 $20.57
9 $15.65 $19.76
10 $15.05 $18.98
11 $14.53 $18.39
12 $14.15 $17.92
13 $13.82 $17.48
------------------------
31
EXHIBIT I
SCHEDULE B
OCCUPATIONAL CLASSIFICATIONS
OCCUPATIONAL TITLE CODE NO.
--------------------------------------------------------------------------------
Administrative Clerk..................................................1672 - G
Administrative Clerk I................................................1678 - D
Administrative Clerk II...............................................1675 - E
Administrative Relief Clerk...........................................8123 - I
Administrative Transmission & Substation Clerk........................8125 - I
▇▇▇▇ Analyst Working Leader...........................................2017 - K
Building Services Working Leader......................................3767 - 4
Cable Splicer First Class.............................................7940 - 2
Chief Mechanic........................................................762l - 2
Clerical Assistant....................................................2004 - C
Clerk -- Customer Accounts Receivable.................................2014 - G
Client Relations Center Associate "A".................................7291 - I
Client Relations Center Associate "A" (Bilingual) ....................7295 - I
Client Relations Center Associate "B".................................7292 - H
Client Relations Center Associate "B" (Bilingual).....................7296 - H
Client Relations Center Working Leader................................7290 - J
Client Relations Center Working Leader (Bilingual)....................7297 - J
Collections Administrative Representative.............................1981 - I
Collections Administrative Representative (Bilingual).................1982 - I
Collections Field Tech II.............................................8343 - 7
Collections Field Tech I..............................................8342 - 4
Cost Analyst..........................................................3255 - J
Customer Electrician..................................................8406 - 2
Drafter...............................................................4865 - J
Electric System Maintenance Worker....................................8636 - 4
Field Tech I..........................................................8380 - 3
Field Tech II.........................................................8440 - 5
Field Tech III........................................................8400 - 7
Garage Attendant......................................................7690 -12
Garage Mechanic First Class...........................................7650 - 3
Garage Mechanic Helper................................................7670 - 9
Garage Mechanic Second Class..........................................7660 - 6
Garage Parts & Repair Mechanic........................................7680 - 7
GIS Assistant I.......................................................4786 - H
GIS Assistant II......................................................4787 - I
Glove Lab Technician ...........................................7745 - 7
Ground Level Facility Inspector.......................................8407 - 8
Junior Drafter........................................................4880 - H
Junior Field Technician I.............................................4940 - H
Junior Field Technician II............................................4980 - I
Line Group Leader.....................................................78l0 - l
32
OCCUPATIONAL TITLE CODE NO.
--------------------------------------------------------------------------------
Line Trouble Shooter..................................................7800 - 2
Line Worker First Class...............................................7770 - 2
Logistics Specialist "A"..............................................3540 - 5
Logistics Specialist "B"..............................................3660 - 8
Logistics Working Leader..............................................3535 - K
Meter/Equipment ▇▇▇▇▇▇................................................8410 - 9
Meter Lab Tech... ..............................................8420 - 6
Meter Reader Outlying Area............................................2745 - 9
Meter Re-Reader.......................................................2755 - 9
Office Maintenance Helper.............................................3765 - 8
Office Maintenance Specialist.........................................3766 - 6
Power Delivery Apprentice.............................................7776 - 5
Power Delivery Construction Specialist................................7772 - 2
Power Delivery Equipment Specialist...................................7935 - 5
Power Delivery Equipment Specialist Helper............................7930 - 9
Power Delivery Helper.................................................7779 - 9
Power Delivery Splice Specialist......................................7774 - 2
Power Delivery Trouble Shooter ......................................7769 - 2
Power Delivery Working Leader.........................................7767 - 1
Residential Collections Representative................................1971 - H
Residential Collections Representative (Bilingual)....................1973 - H
Revenue Control Clerk.................................................1995 - H
Revenue Control Working Leader........................................1996 - J
Senior Administrative Clerk...........................................1670 - H
Senior Administrative Relief Clerk....................................8124 - J
Senior Drafter........................................................4851 - K
Senior Residential Collections Representative.........................1972 - I
Senior Residential Collections Representative (Bilingual).............1974 - I
Sourcing Support Specialist "A".......................................3530 - I
Sourcing Support Specialist "B".......................................3529 - F
Special ▇▇▇▇ Analyst..................................................2015 - G
Special ▇▇▇▇ Analyst Senior...........................................2016 - I
Standard Field Working Leader.........................................8385 - 2
Standard Resource Clerk...............................................8350 - H
Standard Work-In-Progress Representative..............................7265 - H
Substation Electrician - Construction & Maintenance...................8220 - 2
Substation Electrician Second Class...................................8190 - 5
Substation Electrician Specialist.....................................8260 - l
Substation Electrician Third Class....................................8195 - 9
Substation Utility Worker.............................................8635 - 6
Telephone Operator....................................................7380 - E
Underground Inspector.................................................7925 - 6
Underground Working Leader............................................7970 - 2
33
EXHIBIT II FOR ARTICLE XI
PRINCIPLES OF SENIORITY
Pursuant to the provisions of Section l of Article XI of the current
Agreement between the Company and the Union, and subject to the proviso therein
stated, the following principles of seniority shall apply:
l. Each full-time regular and each full-time temporary employee covered
by said Agreement, upon completion of his probationary period, shall accumulate
seniority of the following types:
(a) Classification Seniority based on the employee's service in his current
occupational classification.
(b) Company Service based on the employee's service with the Company.
2. Sequences of Promotion are hereby established as set forth in
certain charts attached hereto, made a part hereof and hereinafter referred to
as "said charts." In selecting an employee to fill a vacancy in any occupational
classification, the principle of seniority to be applied is as follows:
(a) In filling a vacancy in an occupational classification forming a part
of a Sequence of Promotion, other than the lowest rated occupational
classification in such Sequence of Promotion:
(i) Employees assigned to the same occupational classification
elsewhere in the Company shall, upon request, receive first
consideration for filling such vacancy, on the basis of
Classification Seniority.
(ii) Employees assigned to the occupational classification
immediately preceding it in such Sequence of Promotion shall
receive second consideration for filling such vacancy, on the
basis of Classification Seniority.
(iii) Once all current employees have been considered for filling such
vacancy in accordance with (i) and (ii) above, a qualified
individual may be hired to fill the open occupational
classification. To be considered qualified under Article XI,
Section 1, the individual must meet all requirements of the
classification as of the date of hire, which, for a
classification in a time-and-merit Sequence of Promotion, would
include the documented equivalent level and length of experience
required for the classification, as well as the satisfactory
completion of all tasks and/or work orders specified in the
respective time-and-merit training manual.
Within forty-five calendar days of an employee being selected to fill a
vacancy, which may extend to sixty days in extenuating circumstances, the
individual will be released from his current occupational classification to
occupy the vacant one. If the foregoing forty-five day period is extended, the
employee shall receive any increase in his rate of pay to which he may be
entitled under Article II, Section 5 upon the expiration of the forty-five day
period. Such increase
34
in pay shall not be construed to reduce the length of any trial period
applicable to the employee under Article II, Section 5 (b).
(b) In filling a vacancy in the lowest rated classification in any Sequence
of Promotion or in any occupational classification not forming a part
of a Sequence of Promotion:
(i) Employees assigned to the same occupational classification
elsewhere in the Company shall, upon request, receive first
consideration for filling such vacancy, on the basis of
Classification Seniority.
(ii) Employees assigned to the Company-wide Pool and employees who
have submitted a timely bid for such occupational classification
shall receive second consideration for filling such vacancy, on
the basis of Company Service.
For purposes of this Paragraph 2, each laid-off employee shall be
considered as having submitted a timely bid for each occupational classification
in which a vacancy occurs while he is laid off.
In the case of any employee who (a) is no longer able to do
satisfactorily the work in his regular occupational classification because of
his mental or physical condition, or (b) becomes an excess employee in his
regular occupational classification as a result of the Company's having changed
its methods or equipment, such employee may, notwithstanding the provisions of
this Paragraph 2, be selected to fill a vacancy in any occupational
classification, the work in which he is then able to do, if such employee has
greater Company Service than the employee who would otherwise be selected to
fill such vacancy. If the employee declines an assignment to such an
occupational classification, he shall thereafter receive only the regular hourly
rate of the occupational classification in which he is then working.
If a vacancy should occur in an occupational classification at a time
when one or more employees are receiving the benefits of Section 4 of Article XI
of the current Agreement between the Company and the Union, as the result of
having been demoted or transferred therefrom, as excess therein, to other
occupational classifications in lower grades, then, notwithstanding the
provisions of this Paragraph 2(a) or 2(b), such employees shall receive first
consideration for filling the vacancy in such occupational classification on the
basis of their respective Classification Seniorities in it at the time of their
respective demotions or transfers from it.
(c) Notwithstanding any other provision in these Principles of Seniority,
if a vacancy occurs in a full-time Client Relations Center Associate
"B" classification for which Standard Resource Clerks are considered,
part-time Client Relations Center Associates "A" and "B" shall be
considered, along with such Standard Resource Clerks, for filling the
vacancy on the basis of their Classification Seniority. For the
purpose of filling the aforesaid vacancy only, the Classification
Seniority for such part-time employees shall include one-half of the
employee's service as a part-time Client Relations Center Associate "A"
and "B," and any prior full-time service as a Client Relations Center
Associate "A" and "B," provided there has been no break in service.
Thereafter, such employee's Classification Seniority and Company
Service for all purposes (except for
35
Article V and VIII) shall commence on the date the part-time employee
began full-time service as a Client Relations Center Associate "B."
3. Vacancies in occupational classifications will be posted on the
Company's electronic bulletin board system and on regular bulletin boards at
designated Company locations for a period of ten working days. Employees
desiring to bid for such occupational classification may submit a written bid
for that classification, on a form provided by the Company for such purpose,
within the posting period.
4. It is the mutual desire of the Company and the Union that able
employees should have the opportunity to advance through the Sequences of
Promotion. Whenever normal advancement through any occupational classification
is blocked or seriously impaired by the assignment thereto of employees who have
proven themselves unwilling to advance further, the Company may, upon five days
notice to the Union, require such employees to accept promotion or demotion, as
appropriate to the extent necessary to open such occupational classification for
normal advancement through it. The provisions of this Paragraph 4, if applied in
any occupational classification, shall be applied to the employees therein in
the reverse order of their Classification Seniority, i.e., first to the employee
with the least Classification Seniority. The provisions of this Paragraph 4
shall not be so applied as to require any employee to accept promotion or
demotion from the occupational classification to which such employee is assigned
as of the date hereof.
5. In the event that it is necessary at any time for the Company to
reduce the number of employees in any occupational classification, eliminate any
occupational classification, or lay off employees, the following principles of
seniority and employment protections shall apply:
(a) Prior to May 15, 2003, the Company shall not layoff any employee
employed as of May 16, 2002.
(b) During the second and third years of this Agreement (between May 16,
2003 and May 15, 2005), the Company shall not layoff any employee with
14 or more years of Company Service as of May 1, 2003, but any such
employee who would, except for this proviso, be laid off may be
transferred by the Company to any other occupational classification in
which a vacancy then exists and the work in which he is then able to
do, without regard to the provisions of Paragraph 2 hereof. The
employment protections set forth in this subparagraph (b) shall not
extend beyond the expiration of this Agreement.
(c) If employees are to be excessed in any occupational classification
forming a part of a Sequence of Promotion (other than the Company-wide
Pool) or in any miscellaneous occupational classification not forming a
part of a Sequence of Promotion, employees who are in that Sequence of
Promotion or miscellaneous occupational classification and who were
hired after May 16, 2002, will be laid off in reverse order of their
Company Service.
(d) If the provisions of Paragraph 5 (c) have been met and if employees
hired before May 16, 2002, are to be excessed in a Sequence of
Promotion or miscellaneous occupational classification, those having
the least Classification Seniority shall be demoted to the next
36
lower occupational classification in the applicable Sequence of
Promotion, if any, otherwise to the Company-wide Pool. Such employee
may be assigned to displace an employee who has fewer years of Company
Service and who is then the junior most employee (in terms of Company
Service) assigned to an entry level occupational classification in a
Sequence of Promotion or otherwise, the work of which the senior
employee is able to do, in which case the displaced employee shall be
demoted to the Company-wide Pool and shall be subject to layoff in
accordance with the provisions of this Paragraph 5. Layoffs among
employees hired before May 16, 2002 shall be in reverse order of their
Company Service regardless of their current occupational
classification, i.e., the employee with the least Company Service
first, and shall occur only after employees hired since May 16, 2002
have been laid off first.
(e) Any employee hired before May 16, 2002 and identified for layoff under
subparagraph (d) shall further be offered, in lieu of layoff, the
option of displacing a part-time employee assigned to an occupational
classification the work of which the full-time employee is able to do,
and of assuming the hours of the part-time employee, in which case the
displaced part-time employee shall be subject to layoff.
(f) Any employee laid off during the term of the current Agreement between
the Company and the Union under the provisions of this Paragraph 5
shall have the option of electing at any time within fourteen days
after such layoff, by written notice addressed to the Company's Human
Resources Department, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇,
to receive, in lieu of all other rights as a laid-off employee, a
separation allowance. In the event such employee elects to receive a
separation allowance, such separation allowance shall be in an amount
equal to eighty hours' pay at his regular hourly rate (or two
week's pay at his regular weekly rate, as the case may be) plus an
additional forty hours' pay at his regular hourly rate (or an
additional week's pay at his regular weekly rate, as the case may be)
for each full year of his Company Service. Any employee electing
to receive a separation allowance hereunder shall thereupon be deemed
to have resigned his employment with the Company for all purposes
and, if thereafter at any time re-employed by the Company, shall be
deemed to be a "new" employee for all purposes. Laid-off employees
not electing to receive a separation allowance hereunder shall be
considered for recall in the order of their Company Service. Notice
of recall shall be given by mailing, registered mail, return receipt
requested, a recall notice addressed to the employee being recalled at
his most recent address as shown on the Company's records. A copy of
each such recall notice shall be sent to the Union by the Company. The
Company shall not hire any new employee for assignment to any
occupational classification until all laid-off employees then having
Company Service and then able to perform the work in such occupational
classification have been recalled to work.
6. In measuring an employee's Classification Seniority and Company
Service, the following rules shall apply:
(a) No period in excess of three months during which an employee was absent
from work because of layoff, suspension or leave of absence without pay
(other than for sickness or injury) and no period in excess of one year
during which an employee was absent from work because of leave of
absence without pay for sickness or injury shall be included;
37
provided, however, this exclusion shall not apply in the case of
military leaves of absence if such employee applies for reinstatement
within the time limits specified under applicable provisions of Federal
or State law.
(b) An employee shall lose all Classification Seniority and Company Service
theretofore accumulated if he:
(1) resigns or quits,
(2) is discharged for cause,
(3) is not recalled to work within one hundred and four weeks after
being laid off,
(4) fails to return to work from layoff within the period designated in
his recall notice,
(5) or is absent from work for seven consecutive days without proper
notice, unless his failure to give notice is excused by the
Company.
(c) If, in connection with a layoff or reduction in the work force in any
occupational classification, an employee is demoted, he shall assume in
the occupational classification to which demoted, in addition to such
Classification Seniority as he may previously have had in it, such
Classification Seniority as he may have accumulated in the occupational
classification or classifications from or through which he is so
demoted.
(d) An employee's Classification Seniority in an occupational
classification that is one of two or more occupational classifications
from all of which direct promotions are normally made to another
occupational classification, as set forth in the appropriate Sequence
of Promotion, shall include his Classification Seniority in all such
two or more occupational classifications.
(e) If two or more employees have equal Classification Seniority, seniority
as between those employees shall be determined by comparing seniority
in the following categories consecutively until the tie is broken:
(1) Classification Seniority in successively lower occupational
classifications, to the lowest rated occupational classification
in the Sequence of Promotion.
(2) Company Service.
If seniority is still equal, the employee with the lowest social
security number shall be considered senior.
(f) An employee who is employed in a Sequence of Promotion at a time when
another individual is hired directly from outside the Company into a
higher rated job classification in the Sequence shall, for purposes of
promotion and roll-back only, be deemed to have one day's greater
Classification Seniority than the individual hired directly into the
Sequence.
7. For the purpose of applying subparagraphs (a) and (b) of Paragraph 2
and subparagraphs (a) and (b) of Paragraph 5, the corresponding departments in
all geographical areas shall be deemed to be merged and shall be treated as
single departments on a Company-wide basis, and the corresponding Sequences of
Promotion in such corresponding
38
departments shall be deemed to be merged and shall be treated as single
Sequences of Promotion on a Company-wide basis; provided, however, if the
Company in connection with assuming the operation of any utility plant or system
should employ persons theretofore employed by the previous operator of such
utility plant or system, the provisions of this Paragraph 7 shall not apply to
such persons.
8. (a) A Power Delivery Helper shall be deemed to have satisfied clause
(a) of Section 1 of Article XI, and a vacancy in the occupational classification
of Power Delivery Apprentice shall be deemed to exist for that employee for the
purpose of Section 1 of Article XI, subject to the following terms and
conditions:
(i) The employee shall have performed satisfactorily as a Power Delivery
Helper for at least one year.
(ii) The employee shall have satisfactorily completed, with a passing grade
of 70% or better, all of the required classroom topics set forth in the
Power Delivery Helper section of the Power Delivery Time & Merit
Progression Program manual and any subsequent revisions to the manual
that the Company may issue from time to time.
(iii) The employee shall have satisfactorily demonstrated that he has the
skills and knowledge necessary to complete the work orders and tasks in
the Power Delivery Helper section of the Power Delivery Time & Merit
Progression Program manual and any subsequent revisions of the manual
that the Company may issue from time to time.
(b) A Power Delivery Apprentice shall be deemed to have satisfied
clause (a) of Section 1 of Article XI, and a vacancy in the occupational
classification of Power Delivery Construction Specialist shall be deemed to
exist for that employee for the purpose of Section 1 of Article XI, subject to
the following terms and conditions:
(j) The employee shall have performed satisfactorily as a Power Delivery
Apprentice for at least three and one-half years.
(ii) The employee shall have satisfactorily completed, with a passing grade
of 70% or better, all of the required classroom topics set forth in the
Power Delivery Apprentice section of the Power Delivery Time & Merit
Progression Program manual and any subsequent revisions to the manual
that the Company may issue from time to time.
(iii) The employee shall have satisfactorily demonstrated that he has the
skills and knowledge necessary to complete the work orders and tasks in
Power Delivery Apprentice section of the Power Delivery Time & Merit
Progression Program manual and any subsequent revisions of the manual
that the Company may issue from time to time.
(c) All employees entering the Power Delivery Sequence as a Power
Delivery Helper (J-9) will be required to progress to Power Delivery Apprentice
(J-5), and ultimately to Power Delivery Construction Specialist (J-2) in
accordance with the requirements and timetables set forth in the Power Delivery
Time & Merit Progression Program Manual.
39
(d) An employee who does not satisfactorily complete all required work
orders, tasks, and classroom training will not be eligible for promotion to
Power Delivery Apprentice or Power Delivery Construction Specialist for a period
of six months. During this six-month period, the employee will be provided with
additional training to address areas of deficiency. At the conclusion of the six
months of re-training, the employee will be afforded the opportunity to re-take
and pass the applicable work order/task demonstrations or classroom tests. If
unsuccessful, the employee will receive a final six-month re-training period. At
the end of this period, if the employee still does not satisfactorily complete
all of the program requirements, the Company, following discussion with the
Union, will transfer the individual from the Power Delivery Sequence as follows:
(i) A Power Delivery Helper will be transferred to the Power Delivery
Equipment Specialist Helper classification and will be assigned a new
Classification Seniority date that is the effective date of the
transfer.
(ii) A Power Delivery Apprentice will be transferred to the Power Delivery
Equipment Specialist classification and will be assigned a new
Classification Seniority date that is the effective date of the
transfer.
9. A Substation Electrician 3rd Class shall be deemed to have satisfied
clause (a) of Section 1 of Article XI, and a vacancy in the occupational
classification of Substation Electrician 2nd Class shall be deemed to exist for
that employee for the purpose of Section 1 of Article XI, subject to the
following terms and conditions:
(a) The employee shall have performed satisfactorily as a Substation
Electrician 3rd Class for at least twelve months.
(b) The employee shall have satisfactorily completed, with a passing grade
of 70% or better, all of the required classroom topics set forth in the
"Substation Electrician Third Class Manual," and any subsequent
revisions to the Manual which the Company may issue from time to time.
(c) The employee shall have satisfactorily demonstrated that he has the
skills and knowledge necessary to complete the work orders and tasks in
the "Substation Electrician Third Class Manual," and any subsequent
revisions of the Manual which the Company may issue from time to time.
A Substation Electrician 2nd Class shall be deemed to have satisfied
clause (a) of Section 1 of Article XI, and a vacancy in the occupational
classification of Substation Electrician - Construction and Maintenance shall be
deemed to exist for that employee for the purpose of Section 1 of Article XI,
subject to the following terms and conditions:
(a) The employee shall have performed satisfactorily as a Substation
Electrician 2nd Class for at least four years.
(b) The employee shall have satisfactorily completed, with a passing grade
of 70% or better, all of the required classroom topics set forth in the
"Substation Electrician Second Class
40
Manual," and any subsequent revisions to the Manual which the Company
may issue from time to time.
(c) The employee shall have satisfactorily demonstrated that he has the
skills and knowledge necessary to complete the work orders and tasks in
the "Substation Electrician Second Class Manual," and any subsequent
revisions of the Manual which the Company may issue from time to time.
The Company shall establish training and evaluation programs, provide
the necessary personnel and facilities, and permit participation by eligible
employees during normal working hours, but not to an extent that will interfere
with the Company's customary operations.
41
EXHIBIT III FOR ARTICLE XIV
STATEMENT WITH RESPECT TO MAINTENANCE
OF MEMBERSHIP AND AGENCY SHOP PROVISION
IN COMPANY-UNION CONTRACT
Briefly, the maintenance of membership and agency shop clause provides
as follows:
l. If you are now a member of the Union in good standing, or if you
hereafter join the Union, you will be required, as a condition of employment, to
maintain your good standing in the Union in accordance with the terms of the
Contract, unless, before (insert proper date), you notify the Union in writing
that you desire to withdraw from membership. If you withdraw from membership,
you must continue to pay dues to the Union.
2. If you were hired prior to June 8, l962, and if you are not now a
member in good standing, this contract provision does not require that you join
or pay dues to the Union, but you are free to join or not to join, or to pay
dues or not pay dues, as you wish.
3. If you were hired on or after June 8, l962, you are free to join or
not join the Union as you wish, but you must pay dues to the Union whether you
join or not.
4. If you have any question as to whether you are now a member of the
Union, or wish to be informed as to whether the Union regards you as a member,
inquire of an appropriate Union or Company official.
42
EXHIBIT IV FOR ARTICLE XV
DUES DEDUCTION AUTHORIZATION FORM
Date:
------------------------
The United Illuminating Company
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
I hereby request and direct The United Illuminating Company to deduct
each week from payments for my services such amount as the President of Local
470-l of the UWUA, AFL-CIO shall from time to time certify to the Company as
being the weekly dues which have been established as payable in accordance with
the Constitution and By-Laws of the Union. I request that such amount be
deducted on the first regular payday after the delivery of this request to the
Company, provided such an amount is owing to me on said payday.
I direct that said sum be paid to the Treasurer of the Union who is
certified by the Union to the Company from time to time.
I agree to indemnify and save harmless the Company for any sums which
the Company may be required to pay as the result of a claim that money deducted
from my pay and paid to the Treasurer of the Union in accordance with this
request has been illegally deducted.
This authorization may be revoked by me at any time as to any future
deductions by giving written notice to the Company and shall not be effective
during any period when there is no Agreement between the Company and said Union.
43
EXHIBIT V FOR ARTICLE VII
HEALTH NET HMO PLAN
SUMMARY OF BENEFITS
================================================================================
PREVENTIVE CARE
================================================================================
Physical Examination for:
================================================================================
Children through age 18 No Cost, in accordance with Health Net's
schedule of covered well exams
================================================================================
Adults age 19 and over $15 Copayment per Visit, in accordance with
Health Net's schedule of well exams
================================================================================
Preventive Immunization for:
================================================================================
Children through age 18 No Cost
================================================================================
Adults age 19 and over No Cost
================================================================================
Well-woman care:
================================================================================
Mammograms - Screening No Cost
================================================================================
Mammograms - Diagnostic No Cost
================================================================================
Routine Gynecological Care: $15 Copayment per Visit, covered for one pap
test and one pelvic exam per calendar year.
================================================================================
================================================================================
PRESCRIPTION DRUGS (INCLUDES DIABETIC MEDICATIONS AND SUPPLIES)
================================================================================
Retail Prescription Coverage $5/$15/$30 Copayment per prescription
Unlimited annual member maximum
================================================================================
Mail Order Coverage Two times (2x) the retail copayment
================================================================================
================================================================================
MATERNITY CARE
================================================================================
Pre-Natal & Post Natal No Cost
(from effective date of Health
Net coverage)
================================================================================
Hospital Services for Mother & $250 Copayment per Admission*
Child (Includes all newborn
costs even if newborn requires
continued hospitalization after
mother is discharged).
================================================================================
Family Planning and Infertility $15 Copayment per Visit
Services (Excludes In-Vitro
Fertilization, GIFT, and ZIFT)
================================================================================
================================================================================
OUTPATIENT CARE
================================================================================
Physician Office Visits $15 Copayment per Visit
================================================================================
44
================================================================================
X-Rays & Laboratory Tests No Cost
================================================================================
Physical & Occupational $15 Copayment per Visit
Therapy and Chiropractic Care, Outpatient visits may require approval in
for up to 30 Visits per Year advance. Please refer to your plan document
for details.)
================================================================================
Cardiac Rehabilitation for up $15 Copayment per Visit*
to 12 weeks following
myocardial infarction or
cardiac surgery
================================================================================
Speech Therapy, for up to $15 Copayment per Visit*
90 consecutive days
================================================================================
Diagnostic Procedures and/or $50 Copayment per Admission*
Surgery performed in a Hospital
or Outpatient Surgical Care Center
================================================================================
Allergy Services $15 Copayment per Visit
================================================================================
================================================================================
VISION CARE
================================================================================
Routine Eye Exams, including
refraction:
================================================================================
o Annually for children $15 Copayment per Visit
through age 18
================================================================================
o Once every 2 calendar years $15 Copayment per Visit
for Adults age 19 and Over
================================================================================
Medical Care for the Injury or $15 Copayment per Visit
Illness to the Eye
================================================================================
================================================================================
INPATIENT CARE
================================================================================
Semi-Private Room and Board $250 Copayment per Admission *
================================================================================
Physicians', Surgeons' and No Cost*
Nursing Services and Medications
================================================================================
Inpatient Skilled Services such $250 Copayment per Admission *
as Physical, Occupational
Therapy, and Skilled Nursing
Care (to a combined maximum
of 90 consecutive days per
calendar year)
================================================================================
================================================================================
MENTAL HEALTH CARE
================================================================================
Outpatient Mental Health Care $15 Copayment per Visit Outpatient Mental
Health visits may require approval in
advance. Please refer to your plan document
for details.)
================================================================================
45
================================================================================
Inpatient Mental Health Care $250 Copayment per Admission
$50 Copayment for the first day in a partial
day program*
================================================================================
================================================================================
DRUG/ALCOHOL ADDICTION
================================================================================
Inpatient Diagnosis and Medical $250 Copayment per Admission *
Treatment for Drug and Alcohol
Detoxification
================================================================================
Outpatient or Inpatient $15 Copayment per Visit for Outpatient Care*
Rehabilitative treatment for the $250 Copayment per Admission for Inpatient
abuse of, or addiction to, drugs Care
and alcohol
================================================================================
================================================================================
HOME HEALTH OR HOSPICE CARE
================================================================================
Home Health Care No Cost*
================================================================================
Outpatient Hospice Care No Cost*
================================================================================
Inpatient Hospice Care $250 Copayment per Admission *
================================================================================
================================================================================
OTHER SERVICES
================================================================================
Durable Medical Equipment 50% Coinsurance, $1,500 benefit maximum
(Certain devices require
prior authorization)
================================================================================
Prosthetics:
================================================================================
o Internal No Cost*
================================================================================
o Major Limbs No Cost. Covered up to a maximum of $5,000 for
the first appliance.*
================================================================================
o External No Cost. Covered up to an annual maximum
of $300.*
================================================================================
Acupuncture, for up to 20
visits per year $20 Copayment per Visit*
================================================================================
================================================================================
EMERGENCY CARE
================================================================================
At Physician's Office $15 Copayment per Visit
================================================================================
Urgent Care at an Urgent
Care Center $25 Copayment per Visit
================================================================================
At Hospital Emergency Room $50 Copayment per Visit
================================================================================
* When Medically Necessary and Approved by the Health Net Medical Director
46
Services and benefits are covered only when they are provided by a Health Net
network physician. To see a physician who does not belong to the network
(non-plan physician), members must have prior authorization from Health Net,
unless it is a true medical emergency.
Conditions and Limitations
--------------------------
Emergencies are covered anywhere in the world. If at all possible, members
should attempt to reach their Health Net primary care physician. Please be sure
it is a true emergency. Problems that do not constitute an emergency are covered
through a visit to a plan physician's office. Members are responsible for any
emergency room charges when it is not an emergency.
General Exclusions
------------------
Health Net does not cover services provided by non-plan physicians, except in
the cases of emergency or unless they were prior authorized by Health Net. In
addition, the following are not covered: physical exams for employment,
insurance, school, premarital requirement or summer camp (unless substituted for
a normal physical exam); prescription drugs and some injectable dispensed by a
physician in his or her office; prescription drugs prescribed for a non-covered
service; dental services unless provided by a rider to the Health Net Subscriber
Contract; eyeglasses or contact lenses unless provided by a rider to the Health
Net Subscriber Contract; routine foot care; foot orthotics; some transplant
procedures; cosmetic or reconstructive surgery, unless medically necessary;
custodial services; weight-reduction programs; marriage counseling; or long-term
psychiatric treatment.
Health Net will not duplicate any benefits for which members are entitled under
worker's compensation, No-Fault, Medicare, or other group health insurance
coverage. The services, exclusions and limitations listed above are a summary
only. The Health Net Subscriber Contract is the final arbiter of coverage under
Health Net.
47
EXHIBIT VI FOR ARTICLE VII
BLUE CROSS & BLUE SHIELD OF CONNECTICUT BLUECARE PLUS POS PLAN
SUMMARY OF BENEFITS
--------------------------------------------------------------------------------
SERVICE MANAGED BENEFITS
--------------------------------------------------------------------------------
PREVENTATIVE CARE
Pediatric No Copay - Covered according to
age-based schedule
--------------------------------------------------------------------------------
Adult No Copay - Covered according to
age-based schedule
--------------------------------------------------------------------------------
Vision No Copay - Covered once every two
years
--------------------------------------------------------------------------------
Hearing No Copay - Covered according to
age-based schedule
--------------------------------------------------------------------------------
Gynecological No Copay - Covered once per year
(no referral needed)
--------------------------------------------------------------------------------
Mammography No Copay - Covered according to
age-based schedule
--------------------------------------------------------------------------------
48
--------------------------------------------------------------------------------
MEDICAL SERVICES
Primary Care Medical Office $10 Copay
Visit or Specialist Consultations
--------------------------------------------------------------------------------
OUTPATIENT REHABILITATION
Physical, Occupational and $10 Copay - 60 consecutive days per
Chiropractic Therapy medical condition per calendar year -
Speech Therapy Precertification required
Cardiac Therapy
--------------------------------------------------------------------------------
Allergy $10 Copay - maximum benefit
60 visits in 2 years
--------------------------------------------------------------------------------
No Copay
Laboratory Covered
--------------------------------------------------------------------------------
Office - No Copay - Covered
X-ray and Diagnostic Tests Hospital - $10 Copay for a stand alone
procedure
--------------------------------------------------------------------------------
No Copay
Inpatient Medical Services Covered
--------------------------------------------------------------------------------
No Copay
Surgery Fees Covered
--------------------------------------------------------------------------------
No Copay
Office Surgery Covered
--------------------------------------------------------------------------------
49
--------------------------------------------------------------------------------
$10 Copay visit 1-5
Outpatient Mental Health $25 Copay visit 6+
and Substance Abuse Covered according to schedule
$2,000 maximum per member
per calendar year
--------------------------------------------------------------------------------
EMERGENCY CARE
Emergency Room $50 Copay -
waived if admitted -
must meet sudden and serious criteria or
have a referral from PCP
--------------------------------------------------------------------------------
Urgent Care $25 Copay per visit - at specified
Urgent Care centers - covered for true
urgent care
--------------------------------------------------------------------------------
Ambulance 20% coinsurance - waived if
admitted, land $500 maximum per trip,
air $4,000 maximum per trip
--------------------------------------------------------------------------------
INPATIENT HOSPITAL
General/Medical/Surgical/ $250 Copay per admission
Maternity (Semi-Private) Precertification required
--------------------------------------------------------------------------------
Psychiatric Mental Health Covered - $250 Copay per admission up to 60
inpatient days per calendar year -
Precertification required
--------------------------------------------------------------------------------
50
--------------------------------------------------------------------------------
$250 Copay per admission -
Substance Abuse/ readmission within 2 years, 30%
Detoxification coinsurance up to $500 per admission
except detox, up to 45 days per
calendar year - Precertification required
--------------------------------------------------------------------------------
No Copay
Rehabilitative Covered - up to 60 consecutive
days per medical condition -
Precertification required
--------------------------------------------------------------------------------
$250 Copay per admission - up to
Skilled Nursing Facility 90 days per calendar year -
Precertification required
--------------------------------------------------------------------------------
No Copay
Hospice Covered
--------------------------------------------------------------------------------
OUTPATIENT HOSPITAL No Copay
Outpatient Surgery Covered - Precertification required
Facility Charges
--------------------------------------------------------------------------------
No Copay
Pre-Admission Testing Covered
--------------------------------------------------------------------------------
51
--------------------------------------------------------------------------------
OTHER SERVICES
Durable Medical Equipment 20% coinsurance - maximum benefit
(DME) is $1,000 per member per calendar
year for specific DME items -
Precertification required
--------------------------------------------------------------------------------
Prosthetics 20% coinsurance - maximum benefit
is $1,000 per member per calendar
year - Precertification required for
replacement
--------------------------------------------------------------------------------
Home Health Care Covered - when medically
necessary or in lieu of hospitalization -
includes oxygen and infusion therapy -
Precertification required
--------------------------------------------------------------------------------
Prescription Drugs $3 Copay - Generic
$6 Copay - Brand
No Copay - Mail Order
Unlimited maximum
Must use BlueCare Pharmacy Network
--------------------------------------------------------------------------------
Contraceptives Not Covered
--------------------------------------------------------------------------------
Lifetime In-Network Maximum Unlimited
--------------------------------------------------------------------------------
52
--------------------------------------------------------------------------------
Out of Network Services Annual Deductible - $400 Individual
$800 (2 person)
$1,200 (3 or more)
Coinsurance 80/20
Annual Coinsurance Limit:
$2,000 Individual
$6,000 Family
--------------------------------------------------------------------------------
Lifetime Out-Of-Network Maximum $1,000,000
--------------------------------------------------------------------------------
The foregoing summary of benefits is subject to change by Blue Cross & Blue
Shield of Connecticut
53
EXHIBIT VII
MEMORANDUM OF AGREEMENT
The United Illuminating Company and Local 470-1 of the UWUA, AFL-CIO,
recognize that together we face the challenges of a changing regulatory
environment, electric utility industry restructuring, aggressive competitive
forces, and increasing customer expectation. To meet these challenges, both
parties must be innovative, which includes the ongoing development of a
multi-skilled and highly trained work force.
Therefore, the parties will work together in conjunction with certified
Company trainers, it being the intent of the Company to utilize the skilled
bargaining unit work force, where practical, to conduct both the on-the-job and
in-the-field hands-on job skills training of other bargaining unit employees,
without compromising compliance training requirements, necessary levels of
productivity, or overall educational requirements of the occupational
classifications.
▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
PRESIDENT SENIOR HUMAN
LOCAL 470-1 UWUA, AFL-CIO RESOURCES EXECUTIVE
June 9, 2002
54
CERTIFICATE CONCERNING AUTHORIZATION TO
EXECUTE FOREGOING AGREEMENT
A meeting of Local 470-l of the U.W.U.A., AFL-CIO was held on June 9,
2002; the meeting was called for the purpose of counting the ballots voted at a
Referendum held that day to authorize the execution of the attached Agreement
with respect to rates of pay, hours of work, and other conditions of employment
of the employees of The United Illuminating Company; a majority voted by secret
ballot to accept and approve said Agreement and to authorize ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇
▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇▇▇▇ ▇. Rams, ▇▇▇▇▇▇ ▇. ▇▇▇▇▇, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
to execute said Agreement on behalf of the Union.
▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇
ACTING RECORDING SECRETARY, LOCAL 470-1
September 17, 2002
55
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In order to clarify certain job assignments in the Overhead Power
Delivery Section, the following work rules shall apply:
A. Regardless of the equipment used, the following rules shall apply:
1. Any Power Delivery line worker shall have the right to refuse to use
any equipment or tool, such as a switch stick, grounding equipment, or
phasing equipment, until its use has been explained.
2. The Power Delivery Coach shall perform manual work only in emergencies
or for the purpose of training, and shall not be counted as part of the
crew.
3. The Power Delivery Coach shall review all work orders to ensure that
the equipment and the workers assigned can adequately and safely
complete the work, and to determine the necessity of his presence at
the job site. In any situation where the equipment and workers assigned
are not adequate, the Line Group Leader or Power Delivery Working
Leader may contact the Power Delivery Coach for advice or assistance
before doing the work.
4. The Company may assign more than the specified number of workers to
carry out any jobs to expedite the work or for other purposes, and such
use of extra workers shall not be considered as establishing a
precedent.
B. When an insulated aerial device is used, the following rules shall
apply:
1. The cutting-in and cutting-out of slack in energized primary wires,
when assigned to work with rubber gloves, shall be carried out by one
line worker. This line worker shall be at least a Line Worker First
Class or a Power Delivery Construction Specialist.
2. The cutting-in and cutting-out of slack in energized primary wires,
when assigned to work with insulated sticks, shall be carried out by
two line workers, one of whom shall be a Line Worker First Class or a
Power Delivery Construction Specialist. In such cases the other line
worker shall be at least a Power Delivery Apprentice.
56
3. The installation of energized primary taps shall be carried out by one
line worker. This line worker shall be at least a Line Worker First
Class or a Power Delivery Construction Specialist.
C. If an insulated aerial device is not used, the following rules shall
apply:
1. The cutting-in and cutting-out of slack in energized primary wire shall
be carried out by two line workers, one of whom shall be at least a
Line Worker First Class or a Power Delivery Construction Specialist. In
such cases the other line worker shall be at least a Power Delivery
Apprentice.
2. The installation of energized primary taps shall be carried out by two
line workers, one of whom shall be at least a Line Worker First Class
or a Power Delivery Construction Specialist. In such cases the other
line worker shall be at least a Power Delivery Apprentice.
D. When a turret-mounted ▇▇▇▇▇▇▇ or insulated aerial device is not used,
the following rules shall apply:
1. A minimum of four workers shall hang all pole transformers of 25 kVA
and up, as well as three phase banks. Three workers shall hang all
transformers under 25 kVA, except old cast-iron types.
2. All corner and junction pole change-overs where the poles are more than
5 feet apart and where the nature of the work requires that they must
be worked simultaneously shall be worked with two line workers on each
pole, one of whom on each pole shall be a Line Worker First Class or a
Power Delivery Construction Specialist. For the purpose of this
paragraph, a junction pole is one on which the energized primary wires
extend in three or more directions from the pole, or on which the
energized wires extend in two directions from the pole and are
supported on crossarms attached to the pole at two different levels
other than the standard spaced buckarm; and a corner pole is one with
an angle of pull in excess of l8 feet (20 degrees) or on which the
energized primary wires are carried on disc insulators,or the
equivalent, bolted through the crossarms.
3. When either heavy construction work or the setting or pulling of poles
is involved, there shall be a minimum of four workers plus a Power
Delivery Coach.
E. When a turret-mounted ▇▇▇▇▇▇▇ without pole claws is used, the following
rules shall apply:
1. In hanging transformers, there shall be a minimum of two line workers,
one of whom shall be a Line Group Leader or Power Delivery Working
Leader.
2. When setting poles in de-energized areas, or when replacing poles on
branch lines or lightly constructed main lines, or when removing old
poles that have been shifted, the crew will be comprised of a Line
Group Leader or Power Delivery Working Leader and two other qualified
persons.
57
3. In replacing poles on heavily constructed main lines, there shall be a
minimum of a Line Group Leader or Power Delivery Working Leader and
three other qualified persons.
4. Heavily constructed is defined as poles with heavy side loading (i.e.,
3 phase corners greater than 25 feet, 3 phase dead-ends, 3 phase 3-way
junctions) and/or heavy top loading (i.e., 3 phase transformer
clusters, regulators, 3 phase step-down banks, reclosers, and similar
heavy equipment).
5. A qualified person is defined as an individual who has been trained
relative to the equipment, tools, and work methods. This training shall
be equivalent to the training provided in the Company's Line School.
F. When a material handling bucket truck or a turret-mounted ▇▇▇▇▇▇▇
equipped with pole claws is used, the following rules shall apply:
1. In hanging transformers, there shall be a minimum of two line workers,
one of whom shall be a Line Group Leader or Power Delivery Working
Leader.
2. When setting poles in de-energized areas, or when replacing poles on
branch lines or lightly constructed main lines, or when replacing poles
adjacent to the old pole on heavily constructed main lines, or when
removing old poles that have been shifted, the crew will be comprised
of a Line Group Leader or Power Delivery Working Leader and one other
qualified person.
3. In replacing poles in place on heavily constructed main lines, there
shall be a minimum of a Line Group Leader or Power Delivery Working
Leader and two other qualified persons.
4. Heavily constructed is defined as poles with heavy side loading (i.e.,
3 phase corners greater than 25 feet, 3 phase dead-ends, 3 phase 3-way
junctions) and/or heavy top loading (i.e., 3 phase transformer
clusters, regulators, 3 phase step-down banks, reclosers, and similar
heavy equipment).
5. A qualified person is defined as an individual who has been trained
relative to the equipment, tools, and work methods. This training shall
be equivalent to the training provided in the Company's Line School.
G. In all situations not expressly described above, or when new types of
equipment are used, the number of workers assigned shall be determined
by the capabilities of the equipment and the training and skills of the
workers assigned. In all cases, work shall be performed using safe
methods and sound operating practices.
58
The foregoing rules are the only existing rules relating to Overhead
Power Delivery job assignments.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
59
July 8, 1966
The United Illuminating Company
▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇, ▇▇.
Director of Employee Relations
▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Gentlemen:
In connection with the execution of a new Agreement between The United
Illuminating Company and the Federation of Utility Employees, the Federation and
its officers, stewards, and members agree to cooperate to the fullest with the
Company in a concerted effort to reduce the currently high rate of sick leave
during the term of the Agreement.
Very truly yours,
FEDERATION OF UTILITY EMPLOYEES
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
CHAIRMAN, JOINT COUNCIL
60
September l6, l982
▇▇. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇
Chairman Joint Council
Local 470-47l U.W.U.A., AFL-CIO
P. O. Box l5l3
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇▇:
Both the Company and the Union recognize that the objectives of the
Meter Reading Sections include obtaining timely and accurate readings from
customer meters. Failure to achieve these objectives has a financial impact on
the Company and creates ill will among our customers.
With these objectives in mind, the Company will continue to use good
judgment in assigning work to meter reading employees in instances of extreme
weather.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇.
VICE PRESIDENT HUMAN RESOURCES
61
May l6, l985
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
Chairman, Joint Council
Local 470-47l U.W.U.A., ▇▇▇-▇▇▇
▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-47l of the U.W.U.A., AFL-CIO, the Company,
during the term of the Agreement, will provide to an employee who is insured
under the Group Life Insurance Plan and who becomes totally and permanently
disabled for at least nine consecutive months prior to becoming age 60, his full
life insurance benefits in effect at the time of his disability at no cost to
him until recovery or the attainment of age 62, whichever occurs first.
The employee's contribution will cease upon submission of the first
required proof of disability.
Proof of disability must be filed within three months after total
disability has lasted nine months. Subsequent proofs of disability must be
furnished each year thereafter.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇, ▇▇.
VICE PRESIDENT HUMAN RESOURCES
62
May 16, 1992
▇▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-l U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1 of the U.W.U.A., AFL-CIO, the Company
during the term of the Agreement, will furnish to eligible dependents of those
active employees who die after completing fifteen years of service and whose
combined age and years of service at death equals or exceeds 50, the same
benefits provided by the group hospital, medical and surgical plans (including a
qualified Health Maintenance Organization Plan) (effective January 1, 1993, the
fully Company-paid group hospital, medical and surgical option or a qualified
Health Maintenance Organization Plan) and the group dental plan offered to
active bargaining unit employees and their eligible dependents (effective
January 1, 1993, the fully Company-paid dental option) at no cost to such
eligible dependents during the one-year period immediately following the death
of the employee. Thereafter, the Company will make the foregoing benefits
available to such eligible dependents at no cost to the Company. In the
alternative, the Company shall have the right to furnish or make available, as
the case may be, the foregoing coverage under any other group plan or plans
providing equivalent benefits. Such equivalent benefits will be made available
without regard to a specific carrier or provider.
The foregoing benefits will be furnished or made available only to
those eligible dependents who are enrolled in the group plan or plans provided
by the Company at the time of the employee's death, who are eligible for
continued coverage under the plan or plans offered by the Company or under the
terms of any equivalent plan or plans, and who, after the first one-year of
coverage, provide for the prepayment of any monthly premiums either by
authorized deduction from a Company survivor benefit, or by direct prepayment to
the Company.
Such coverage will remain in effect for spouses of those deceased
employees until the earlier of the spouse's 65th birthday, death, remarriage or
eligibility for other group coverage. Such coverage will remain in effect for
other covered dependents until such dependents cease to be eligible for
continued coverage under the terms of the applicable plan or plans or until such
dependents become eligible for other group coverage, whichever is earlier.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
VICE PRESIDENT
HUMAN & ENVIRONMENTAL RESOURCES
63
May 16, 1992
▇▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1 of the U.W.U.A., AFL-CIO, the Company will,
during the term of the Agreement, take such action as is appropriate to amend
The United Illuminating Company Plan for Employees' Disability Benefits (the
"Plan") to provide that a full-time employee who terminates employment with at
least one-year of continuous service and who is subsequently re-employed by the
Company as a full-time employee will be credited with the amount of pre-break
service for the purpose of computing sickness disability benefits under the
Plan, effective one year after the employee's rehire.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
VICE PRESIDENT
HUMAN & ENVIRONMENTAL RESOURCES
64
May 16, 1992
▇▇. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1 of the U.W.U.A., AFL-CIO, the Company,
during the term of the Agreement, will pay the difference between the cost of a
regular operator's license and the normal and customary cost of any special
license required for an employee to operate a UI vehicle (including testing
fees). For purposes of this letter, the phrase "normal and customary cost" does
not include costs and fees (including testing fees) incurred by the employee
because of any irregularity in the employee's driving record.
This letter amends ▇▇▇▇▇▇ ▇. ▇▇▇▇▇'▇ letter to ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ dated
December 6, 1978.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
VICE PRESIDENT
HUMAN & ENVIRONMENTAL RESOURCES
65
June 9, 2002
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-l U.W.U.A., AFL-CIO
P. ▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1 of the U.W.U.A., AFL-CIO, the Company
during the term of the Agreement, will provide life insurance coverage on the
following terms:
(a) Active Employees
----------------
For active employees who are members of the Group Life Insurance Plan
and for those who subsequently become members of the Plan during the
life of the Agreement, the Company will provide fully paid life
insurance in the amount of one times the employee's base annual rate
(exclusive of overtime and premiums) rounded to the next higher $1,000,
or $30,000, whichever is greater. Members of the Plan may at their own
expense elect additional coverage, in accordance with and subject to
the provisions of the Company's "BENEFLEX Plan," equivalent to one
times, two times, or three times their annual base rate (exclusive of
overtime and premiums) rounded to the next higher $1,000 on the later
of January 1, 2003 or their entry into the Plan.
(b) Future Retirees
---------------
For retirees who retire hereafter at age 55 or later pursuant to the
terms of the Company's pension plan, who are members of the Group Life
Insurance Plan at the time of retirement, and who are eligible for
Company subsidized medical benefits, the Company will provide fully
paid life insurance in the amount of $14,000.
(c) Current Retirees
----------------
For retirees who retired pursuant to the terms of the Company's pension
plan prior to the effective date of this Agreement, the Company will
continue to provide the same amount of life insurance that was in
effect at the time of their retirement at no cost to such retirees.
Very truly yours,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
66
June 9, 2002
▇▇. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
This will replace our prior agreement concerning post-retirement health
insurance benefits, as set forth in the letter dated April 1, 1999, as Appendix
I of the Pension Plan Memorandum of Agreement (MOA), in accordance with
paragraph 2 (c) of the MOA, with respect to retirements occurring on or after
May 16, 2002.
As we have agreed, during the term of our 2002-2005 collective
bargaining agreement, the Company will make available or furnish to retirees who
retire pursuant to the terms of the Company's Pension Plan on or after May 16,
2002, medical and dental coverage under the following conditions:
1. Retirements After Age 55 With 10 Years of Service
--------------------------------------------------
(a) For retirees who at the time of retirement are at least age 55 with at least
ten years of service, but who do not qualify for a subsidized medical benefit
per item 2 below, the Company will make available until age 65 coverage under
plans providing benefits equivalent to the Blue Cross & Blue Shield of
Connecticut BlueCare Plus POS Plan (effective January 1, 2003, the Health Net
HMO Plan, subject to Article VII, Section 8) and the Blue Cross & Blue Shield of
Connecticut Dental Plan, Option B applicable to bargaining unit employees, all
at no cost to the Company.
(b) For retirees who at the time of retirement are at least age 55 with at least
ten years of service, but who do not qualify for a subsidized medical benefit
per item 2 below, the Company will make available commencing at age 65 coverage
under a Medicare supplemental plan that will provide with Medicare, if
available, benefits equivalent to the Blue Cross 65 High Option Health Insurance
Plan and Blue Shield 65-Plan 83 Health Insurance Plan at no cost to the Company.
2. Retirements After Age 55 With 30 Years of Service
--------------------------------------------------
(a) For retirees who at the time of retirement are at least age 55 with at least
30 years of service, the Company will make available until age 65 coverage under
a plan providing benefits equivalent to the Blue Cross & Blue Shield of
Connecticut BlueCare Plus POS Plan (effective January 1, 2003, the Health Net
HMO Plan, subject to Article VII, Section 8). The retiree's share of the cost of
such coverage, on a percentage basis, shall be based on the retiree's years of
service at the time of retirement and the retiree's age at the time benefits
commence, in accordance with
67
the UI Retiree Medical Cost Share Table. The Company shall pay the remaining
cost of the premiums.
(b) For retirees who at the time of retirement are at least age 55 with at least
30 years of service, the Company will furnish or make available commencing at
age 65 coverage under a Medicare supplemental plan that will provide with
Medicare, if available, benefits equivalent to the Blue Cross 65 High Option
Health Insurance Plan and Blue Shield 65-Plan 83 Health Insurance Plan. The
retiree's share of the cost of such coverage, on a percentage basis, shall be
based on the retiree's years of service at the time of retirement and the
retiree's age at the time benefits commence, in accordance with the UI Retiree
Medical Cost Share Table. The Company shall pay the remaining cost of the
premiums.
(c) For retirees who at the time of retirement are at least age 55 with at least
30 years of service, the Company will make available to such retirees until age
65 coverage under a plan providing benefits equivalent to the Blue Cross & Blue
Shield of Connecticut Dental Plan, Option B applicable to bargaining unit
employees, at no cost to the Company.
3. Retirements After Age 62 With 20 Years of Service
-------------------------------------------------
For retirees who at the time of retirement are at least age 62 with at least 20
years of service, the Company will make available the same health and dental
insurance benefits described in paragraphs 2(a) through 2(c) above on the same
terms and conditions as set forth in paragraphs 2(a) through 2(c) above.
4. Medicare Part B
---------------
(a) For employees employed by the Company as of May 16, 1992, who retire on or
after age 62 with at least 20 years of service, or after attaining age 55 with
30 or more years of service, the Company will provide, commencing with the date
of enrollment and continuing for the lifetime of the retiree, reimbursement on a
monthly basis of a portion of the monthly premium for coverage under Medicare
Part B for the retiree and any enrolled, eligible, dependents based on the
retiree's years of service at the time of retirement and the retiree's age at
the time benefits commence, in accordance with the UI Retiree Medical Cost Share
Table. The additional cost of Medicare Part B coverage, if any, shall be borne
by the retiree and the retiree's dependents, if any, in accordance with the UI
Retiree Medical Cost Share Table.
(b) Employees hired on or after May 16, 1992, shall not be entitled, upon
retirement, to any contribution by the Company for Medicare part B coverage for
themselves or their dependents.
Once a cost share for a retiree is established on a percentage basis
for a retiree under Sections 2 or 3 above, the cost share shall not change.
The equivalent benefits described in this letter will be made available
or furnished, as the case may be, without regard to a specific carrier or
provider.
The coverages described in this letter shall be made available or
furnished only to a retiree who has the appropriate coverage in effect at the
time of retirement and who is eligible for
68
such coverage under the terms of the plans or policies. Further, the coverage
described above requiring payment by the retiree will be made available only to
a retiree who provides for the prepayment of the monthly premiums by authorized
deduction from the retiree's pension.
Very truly yours,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
69
1999 RETIREE COST SHARE PERCENTAGE
SERVICE
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
55 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100
56 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100
57 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100
58 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100
A 59 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 42.5
G 60 100 100 100 100 100 100 100 100 100 100 100 100 100 100 100 42.5 40.0
E 61 100 100 100 100 100 100 100 100 100 100 100 100 100 100 42.5 40.0 37.5
------------------------------------------------------------------------------
62 100 100 100 100 100 100 100 100 100 100 50.0 47.5 45.0 42.5 40.0 37.5 35.0
63 100 100 100 100 100 100 100 100 100 100 47.5 45.0 42.5 40.0 37.5 35.0 32.5
64 100 100 100 100 100 100 100 100 100 100 45.0 42.5 40.0 37.5 35.0 32.5 30.0
65 100 100 100 100 100 100 100 100 100 100 42.5 40.0 37.5 35.0 32.5 30.0 27.5
66 100 100 100 100 100 100 100 100 100 100 40.0 37.5 35.0 32.5 30.0 27.5 25.0
67 100 100 100 100 100 100 100 100 100 100 37.5 35.0 32.5 30.0 27.5 25.0 22.5
68 100 100 100 100 100 100 100 100 100 100 35.0 32.5 30.0 27.5 25.0 22.5 20.0
69 100 100 100 100 100 100 100 100 100 100 32.5 30.0 27.5 25.0 22.5 20.0 20.0
70 100 100 100 100 100 100 100 100 100 100 30.0 27.5 25.0 22.5 20.0 20.0 20.0
1999 RETIREE COST SHARE PERCENTAGE
SERVICE
27 28 29 30 31 32 33 34 35 36 37 38 39 40
55 100 100 100 42.5 40.0 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0
56 100 100 43 40.0 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0
57 100 42.5 40.0 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0
58 42.5 40.0 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0
A 59 40.0 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0
G 60 37.5 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0
E 61 35.0 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
--------------------------------------------------------------------------
62 32.5 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
63 30.0 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
64 27.5 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
65 25.0 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
66 22.5 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
67 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
68 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
69 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
70 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0 20.0
70
May 16, 1995
▇▇. ▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1, U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1 of the U.W.U.A., this is to confirm that
if, during the term of the Agreement, the Company mandates employees to wear
Nomex(R) flame retardant clothing, or its equivalent, the Company will provide
such clothing in amounts reasonably sufficient to enable employees to perform
the job duties for which such clothing is required.
Very truly yours,
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇
VICE PRESIDENT ADMINISTRATION
71
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
SUBJECT: TEN-HOUR SHIFT GUIDELINES
Dear ▇▇. ▇▇▇▇▇▇:
This letter will confirm the parties' agreement concerning the attached
set of Ten-Hour Shift Guidelines. The Ten-Hour Shift Guidelines will apply to
the Collection Field Technicians in the Standard Field/Collections Section and
to two relamping crews in Electric System.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
72
TEN-HOUR SCHEDULE GUIDELINES
DAILY SCHEDULES AND PAYMENT OF OVERTIME
---------------------------------------
o Employees who, for a period of at least three months, work a regular daily
schedule of ten hours per day shall be paid one and one-half times the
regular hourly rate for hours worked beyond their regular daily schedule,
exclusive of any hours worked on a holiday for which payment is to be made
in accordance with the provisions of Article IV. Employees who volunteer
for a period of less than three months to work a regular daily schedule of
ten hours per day shall be paid one and one-half times the regular hourly
rate for hours worked beyond their regular daily schedule, exclusive of any
hours worked on a holiday for which payment is to be made in accordance
with the provisions of Article IV.
o If the Company decides to change the regular daily schedule for a period of
at least three months to one of ten hours per day, the Company will
endeavor to staff the new daily schedule on a voluntary basis. If an
insufficient number of employees volunteer to work the new daily schedule,
the Company will assign the necessary number of employees to the new daily
schedule, taking into consideration any personal hardship that would occur
as a result of such assignment.
SUNDAY PREMIUM
--------------
o Follow Article II, Section 10.
HOLIDAYS
--------
o Modify Article IV as follows (NOTE: REVISED LANGUAGE IS IN BOLD PRINT):
SECTION l. The following shall be deemed to be holidays and the word
"holiday" as used herein shall refer only to such holidays:
New Year's Day Labor Day
▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇'▇ Day Columbus Day
Washington's Birthday Veterans Day
Good Friday Thanksgiving Day
Memorial Day Friday after Thanksgiving
Independence Day Christmas Day
When a holiday falls on Sunday, the following Monday shall be deemed to
be the holiday in its stead, except that, for those employees whose
regularly scheduled work week includes that Sunday, the holiday will be
observed on Sunday. When a holiday falls on Saturday, the preceding Friday
shall be deemed to be the holiday in its stead, except that, for those
employees whose regularly scheduled workweek includes that Saturday, the
holiday will be observed on Saturday.
73
SECTION 2. Any employee who is not required to work on a holiday shall be
paid at his regular hourly rate for those hours of the holiday which fall
within his regularly scheduled work week (I.E., EIGHT HOURS FOR EIGHT-HOUR
SHIFT EMPLOYEES, TEN HOURS FOR EMPLOYEES WORKING TEN-HOUR SHIFTS).
SECTION 3. (A) In addition to the pay specified in Section 2 of this
Article, any employee who is required to work on a holiday shall be paid at
one and one-half times his regular hourly rate for all holiday hours worked
within his regularly scheduled work week UP TO A MAXIMUM OF EIGHT HOURS FOR
EIGHT-HOUR SHIFT EMPLOYEES AND TEN HOURS FOR EMPLOYEES WORKING TEN-HOUR
SHIFTS. SUCH EMPLOYEE shall be paid at twice his regular hourly rate for
all holiday hours worked outside his regularly scheduled work week, and he
shall be paid an additional one-half of his regular hourly rate for all
holiday hours worked in excess of HIS REGULARLY SCHEDULED NUMBER OF HOURS.
Hours worked on a holiday shall not be considered in computing overtime
pay. An employee required to report for work on a holiday shall receive a
minimum payment equivalent to four and one-half times his regular hourly
rate.
(b) Any employee who is required to work on December 25 shall be paid
at twice his regular hourly rate for all hours worked.
SECTION 4. (A) Any employee who is regularly scheduled to work eight hours
or more per day on each of two or more Saturdays and/or Sundays per month
and who is regularly scheduled to work on the average forty hours or more
per week shall receive pay at his regular hourly rate for eight hours for
each holiday which occurs on his day of relief, provided that on his last
scheduled day before or on his first scheduled day after the holiday he
works his regularly scheduled hours.
(B) ANY EMPLOYEE WHO IS REGULARLY SCHEDULED TO WORK TEN HOURS OR MORE
PER DAY AND WHO IS REGULARLY SCHEDULED TO WORK ON THE AVERAGE FORTY HOURS
OR MORE PER WEEK SHALL RECEIVE PAY AT HIS REGULAR HOURLY RATE FOR EIGHT
HOURS FOR EACH HOLIDAY THAT OCCURS OUTSIDE OF HIS REGULARLY SCHEDULED WORK
WEEK, PROVIDED THAT ON HIS LAST SCHEDULED DAY BEFORE OR ON HIS FIRST
SCHEDULED DAY AFTER THE HOLIDAY HE WORKS HIS REGULARLY SCHEDULED HOURS.
SECTION 5. In the event that a holiday falls during an employee's vacation
period, he shall receive an additional day off at a time that is mutually
agreeable to the Company and the employee and that frequently will not
adjoin the regular vacation period.
SICK TIME
---------
o In accordance with Article VI, Section 1 (a), compensate for approved sick
time on an hour-for-hour basis (i.e., one day out sick equals ten hours of
sick pay).
o Grant personal paid absence in lieu of sick time as follows:
74
During each calendar year, with the prior authorization of the supervisor,
the Company will grant to employees who are regularly scheduled to work
ten-hour shifts ten hours of personal paid absence in lieu of ten of the
aggregate of the forty hours of absence due to sickness in Article VI,
Section 1 (a). The employee must have at least ten hours of unused sick
time available to him to take one paid personal day, may not take paid
personal time in increments of less than ten hours, and may not accumulate
unused personal time from year to year.
o Ten-hour shift employees will continue to be treated in accordance with all
other applicable sections of Article VI.
FUNERAL LEAVE
-------------
o Article VI, Section 2 (b) will provide for up to a maximum of 30 hours of
paid leave, and Section 2 (c) will provide for up to a maximum of 10 hours
of paid leave.
VACATION TIME
-------------
o In accordance with Article V, grant vacation time with pay on an
hour-for-hour basis (i.e., one vacation day equals ten hours of vacation
pay).
JURY DUTY
---------
o Follow Article VI, Section 5 and Personnel Policy 520.
(Note: Bargaining unit employees working ten-hour schedules will be treated
in accordance with all other applicable sections of the current Agreement.)
75
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-l U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
On or before September 1, 2002, the Company and Union shall convene an
ad hoc committee composed of six members (three Company and three Union) to
study and analyze the efficiency, safety, and cost of using two-person crews.
On or before September 1, 2003, the Committee shall render a written
report that analyzes the use of two-person crews and contains a recommendation
as to whether to continue or modify the practice of utilizing two-person crews.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
76
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-l U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
This is to confirm our agreement concerning the implementation of the
Power Delivery Equipment Specialist (J-5) and the Collection Field Technician I
(J-4) positions. We have agreed to the following:
(1) The Union accepts the Occupational Rating Specifications for the
Power Delivery Equipment Specialist (J-5) and the Collection Field Technician I
(J-4) as written as of May 16, 2002.
(2) The parties acknowledge that the Company presently intends to fill
eight new Power Delivery Equipment Specialist (J-5) positions internally and/or
two new Collection Field Technician I (J-4) positions internally through the
sequence of promotion governing that position.
(3) If the Company (a) does not fill the positions referenced in
paragraph 2 above and/or 7 below internally as anticipated, or (b) if the
Company creates additional Power Delivery Equipment Specialist (J-5) and/or
Collection Field Technician I (J-4) positions, and in either case, (a) or (b),
fills such positions with external candidates hired from outside the Company,
then the Company will add an equal number of additional positions to the
Overhead Power Delivery Sequence (to be filled either internally or externally),
but only if the aggregate number of positions in the Overhead Power Delivery
Sequence is less than 78.
(4) Except for the circumstances in paragraph 3 above, nothing herein
shall be construed as a guarantee that the Company maintain at least 78
positions in the Overhead Power Delivery Sequence, nor shall this figure be
construed as the maximum staffing level for the Overhead Power Delivery
Sequence.
(5) The Company's obligations under paragraph 3 above shall not extend
beyond April 15, 2005.
(6) Employees assigned to the PDES (J-5) position will receive training
on secondary services and streetlight installation/maintenance equivalent to the
training provided to line workers performing such functions.
(7) The parties acknowledge that the Company has three current PDES
(J-5) openings. The Company will fill those positions prior to filling the PDES
(J-5) positions described in
77
paragraph 2. The Company will further offer to those employees who fill the
three current PDES (J-5) positions the option of being grandfathered as a
PDES (J-6) at the J-6 rate of pay, irrespective of whether such employee
currently enjoys red-circle protection.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
78
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 UWUA, AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Subject: Severance Memorandum of Agreement of June 10, 1999
--------------------------------------------------
Dear ▇▇. ▇▇▇▇▇▇:
In connection with our 2002 negotiations for a successor collective
bargaining agreement, this will confirm that the subject Memorandum of Agreement
between The United Illuminating Company and Local 470-1, Utility Workers Union
of America, AFL-CIO, dated June 10, 1999, is hereby terminated effective May 16,
2002, and that such Memorandum of Agreement will be of no force and effect from
and after May 16, 2002.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
79
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 AFL-CIO, U.W.U.A.
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
This is to confirm our agreement concerning Article VII, Section 8 of
our 2002 collective bargaining agreement.
In connection with the RFP described in Section 8, the Company will
provide the health insurance benefits consultant selected by the Union with a
letter confirming that the consultant is acting with the consent of the Company
in pursuing the RFP. Further, the RFP shall specify how any applicable brokerage
fees are to be paid in connection with the Alternative Plan, and such fees shall
be considered part of the cost of the Alternative Plan. If the Alternative Plan
is implemented under Section 8, brokerage fees shall be paid in accordance with
the RFP and the health insurance contract between the Company and the insurer.
Very truly yours,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
80
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-1 U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
The parties' agreement concerning Article VII is without prejudice to
either party's position regarding the Anthem Insurance Companies, Inc. stock
demutualization distribution. The parties agree to meet separately and negotiate
in good faith with respect to such issue.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
81
June 9, 2002
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
President
Local 470-l U.W.U.A., AFL-CIO
▇.▇. ▇▇▇ ▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇
Dear ▇▇. ▇▇▇▇▇▇:
In connection with the execution of a new Agreement between The United
Illuminating Company and Local 470-1, U.W.U.A, this will confirm that employees
shall be reimbursed for qualifying work shoe purchases, up to a maximum of $150
per year, in accordance with UI Operating Procedure OP-S10.
Sincerely,
▇▇▇▇▇ ▇. ▇▇▇▇▇▇
SENIOR HUMAN
RESOURCES EXECUTIVE
82
SUPPLEMENTAL AGREEMENT
PART-TIME EMPLOYEES
(AS AMENDED THROUGH MAY L5, 2005)
The United Illuminating Company, hereinafter referred to as the
"Company," and Local 470-l Utility Workers Union of America, AFL-CIO,
hereinafter referred to as the "Union," agree as follows:
l. Any employee who regularly works less than 40 hours per week is deemed
to be a part-time employee.
2. (a) Each part-time employee shall be paid an hourly rate no less than
the minimum rate for his labor grade, as set forth in the collective
bargaining agreement between the parties hereto dated July 6, l964, and
any successive agreements.
(b) For part-time employees whose regular daily schedule is eight hours
or less, one and one-half times the regular hourly rate shall be paid
for hours worked in excess of eight in any one day or in excess of
forty in any one week, but such overtime rates of pay shall not be
applied more than once to any particular hour worked.
(c) Each part-time employee may be promoted once and once only to the
next higher labor grade.
(d) Part-time employees will be entitled to consideration for increases
in pay in accordance with the terms of the collective bargaining
agreement between the parties.
3. The Company will not hire part-time employees with the intention of
reducing promotional opportunities of full-time employees. The Company
will not utilize a part-time employee to do work outside of the
regularly scheduled work week of a full-time employee in the same
occupational classification, where such full-time employee is available
for work.
4. If any grievance arises involving an interpretation of the meaning of
the provisions of this Supplemental Agreement, each part-time employee
shall have recourse to the grievance procedure set forth in Article
VIII of said collective bargaining agreement dated July 6, l964, and
any successive agreements.
5. After the third calendar month of employment, regardless of hours
worked, each part-time employee shall, as a condition of employment,
pay to the Union the amount of dues payable by Union members.
Any part-time employee who previously had paid dues to the Union shall,
as a condition of employment, from the resumption of employment, pay to
the Union the amount of dues payable by Union members.
1
6. Upon the individual written request of any part-time employee in the
form attached hereto and marked Exhibit One, the Company shall, on the
first regular payday following receipt of such written request and on
every regular payday thereafter, deduct such amount as the President of
the Union shall from time to time certify to the Company as being the
weekly dues that have been established as payable in accordance with
the Constitution and By-Laws of the Union, provided such an amount is
owing to said employee on said payday. All such written requests shall
terminate automatically upon the termination of this Supplemental
Agreement, and any such written request shall be revocable at any time
as to future deductions by written notice by the employee to the
Company. The Union agrees to indemnify and save harmless the Company
for any sums which the Company is required to pay as the result of a
claim that the sums of money herein referred to have been illegally
deducted.
7. (a) From May 16, 2002 to December 31, 2002, the Company will make
available to all part-time employees the Anthem Blue Cross & Blue
Shield of Connecticut BlueCare Plus POS Plan. The Company will pay 89%
of the cost of the premiums for such coverage for all part-time
employees and their eligible dependents, if any, and part-time
employees shall pay the remaining premium costs for themselves and
their eligible dependents, if any.
(b) Effective January 1, 2003, the Company will make available to all
part-time employees the Health Net HMO Plan. The Company and part-time
employees will share the cost of the premiums for such coverage for all
part-time employees and their eligible dependents, if any, as set forth
in subsections 7 (b) (i) -- (iii) below:
(i) Effective January 1, 2003, the Company will pay 89% of the
premium costs for all part-time employees and their eligible
dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(ii) Effective January 1, 2004, the Company will pay 88% of
the premium costs for all part-time employees and their
eligible dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(iii) Effective January 1, 2005, the Company will pay 87% of
the premium costs for all part-time employees and their
eligible dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(c) Effective July 1, 2002, the Company will make available a
Comprehensive Dental Expense Plan for all part-time employees and their
eligible dependents, if any, which plan will provide a calendar year
maximum of $2,500 per person (including orthodontic treatment), a
2
lifetime maximum of $5,000 per person (excluding orthodontic
treatment), a lifetime maximum of $1,500 per person for orthodontic
treatment, and a calendar year deductible of $75 per covered person.
The Company and part-time employees will SHARE the cost of the premiums
for such coverage for all part-time employees and their eligible
dependents, if any, in accordance with the following schedule:
(i) From July 1, 2002 to December 31, 2002, the Company will
pay 89% of the cost of the premiums for part-time employees
and their eligible dependents, if any. Part-time employees
shall pay the remaining premium costs for themselves and their
eligible dependents.
(ii) Effective January 1, 2003, the Company will pay 89% of
the premium costs for part-time employees and their eligible
dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(iii) Effective January 1, 2004, the Company will pay 88% of
the premium costs for part-time employees and their eligible
dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(iv) Effective January 1, 2005, the Company will pay 87% of
the premium costs for part-time employees and their eligible
dependents, if any. Part-time employees shall pay the
remaining premium costs for themselves and their eligible
dependents.
(d) Part-time employees shall have the option of enrolling in another
hospital and medical benefits plan, if available, in lieu of the plan
described in 7 (b). If part-time employees elect such option, and if
the cost of the premiums for such optional coverage is less than the
cost of the plan described in 7 (b), the Company will pay 89% of the
premium costs (89% effective January 1, 2003; 88% effective January 1,
2004; and 87% effective January 1, 2005) for such optional coverage for
those part-time employees and their eligible dependents, if any.
Part-time employees shall pay the remaining premium costs for
themselves and their eligible dependents. If the cost of the premiums
for such optional coverage exceeds the cost of the plan described in 7
(b), the Company will pay an amount equal to the amount it otherwise
would have paid under 7 (b) for such part-time employees and their
eligible dependents had the part-time employees not elected optional
coverage, and the part-time employees shall pay the remaining premium
costs for themselves and their eligible dependents. If the costs of the
premiums for such optional coverage exceeds the cost of the plan
described in Section 7 (b), the Company will pay an amount equal to the
amount it otherwise would have paid under 7 (b), plus an additional
amount equal to 50% (25% effective January 1, 2004, and 15% effective
January 1, 2005) of the difference between the cost of the optional
plan and the amount it otherwise would have paid under 7 (b) for such
part-time employee and his eligible dependents had the employee not
elected optional coverage. The part-time employee shall pay the
remaining premium costs for himself and his eligible dependents.
3
(e) Each new part-time employee shall elect at the time of hiring
coverage under either the plan provided in 7 (a) or 7 (b), or optional
coverage, to be effective in either event according to the enrollment
provisions of each such coverage.
For other part-time employees, optional coverage shall become
effective only on January 1st of each year. Part-time employees shall
notify the Company prior to December 1st of the preceding year of their
intention to elect optional coverage. Such optional coverage shall
continue from year to year thereafter unless part-time employees notify
the Company prior to December 1st of any year of their intention to
return to the plan provided in 7 (b) as of January 1st.
(f) Part-time employees' share of the premium costs for the coverage
described in 7 (a) or 7 (b), or optional coverage, shall be deducted
from their pay on a weekly basis, provided the Company is in receipt of
a written authorization for such purpose from the employee.
(g) The coverages described in 7 (a), 7 (b), and 7 (c) shall be made
available to part-time employees in accordance with and subject to the
provisions of the Company's "BENEFLEX Plan," as it may change from time
to time.
(h) Effective January 1, 2003, the Company shall have the right to
replace the health insurance plan described in 7 (b) with a substitute
plan that provides comparable, but not identical benefits. For purposes
of 7 (b), overall comparability shall be determined without regard to
(a) any changes in the identity of the carrier, (b) any differences in
plan provisions concerning the administration of benefits and
procedures for obtaining reimbursement for services, and (c) any
differences based on a one-for-one comparison of specific benefits in
the substitute plan and those in the 7 (b) plan, it being recognized by
the parties that differences in benefits offered for specific services
do not necessarily render plans materially dissimilar on a
comprehensive basis and that the intent of this section is to ensure
only that any substitute plans adopted by the Company approximate prior
plans without a material change in the overall level of benefits
provided to part-time employees and their eligible dependents. The
Company will solicit the input of the Union prior to adopting a
substitute plan under this section, and will allow for Union
representation on any committee formed for the purpose of reviewing the
provisions of any substitute plans considered by the Company.
(i) The parties acknowledge that during the parties' negotiations for a
new collective bargaining agreement, the Union engaged the services of
a health insurance benefits consultant to explore the feasibility of
identifying an alternative health insurance plan, providing alternative
benefits acceptable to the parties, at a cost lower than the cost of
the Health Net HMO Plan referenced in 7 (b) and the three optional
plans currently available under 7 (d) (herein the "Alternative Plan"),
for both active employees and retirees commencing January 1, 2003.
4
Between the effective date of this Supplemental Agreement and
August 1, 2002, the Company will, upon request, furnish to a health
insurance benefits consultant designated by the Union, such data as is
reasonably necessary and customary for the purpose of preparing a
Request for Proposal (herein the "RFP") concerning an Alternative Plan,
it being understood that such consultant shall not have any authority
to act for or on behalf of the Company and shall not be an agent of the
Company. The RFP shall require a separate itemization of the cost of an
Alternative Plan for (a) all bargaining unit employees and all present
and future bargaining unit retirees, (b) all non-bargaining unit
employees and all present and future non-bargaining unit retirees, and
(c) all employees of the Company and all present and future retirees of
the Company.
Based on the results of the RFP, the Union shall have the
right to present to the Company an Alternative Plan for review and
evaluation, together with an offer to implement the Alternative Plan
effective January 1, 2003. If the Union offers to implement the
Alternative Plan on terms such that the projected cost to the Company
of implementing and maintaining the Alternative Plan for bargaining
unit employees, and all present and future bargaining unit retirees,
during 2003 is less than or equal to the cost to the Company of
maintaining the health insurance plans otherwise applicable to such
individuals under the Agreement and Supplemental Agreement (and any
predecessor Agreements) during 2003, then the parties shall negotiate
the implementation of the Alternative Plan, provided that the
implementation of the Alternative Plan would not substantially impact
the cost of insurance provided by the Company to non-bargaining unit
employees and non-bargaining unit retirees.
If the actual cost to the Company (net of the premium cost
shares paid by participants) for the Alternative Plan during 2003, or
any succeeding year, is less than the actual cost to the Company of
providing health insurance for the bargaining unit and bargaining unit
retirees (net of the premium cost shares paid by participants) during
2002, in each case measured on a cost-per-employee/cost-per-retiree
basis, the difference will be rebated to the bargaining unit on such
terms as shall be agreed by the parties.
Unless an Alternative Plan is implemented in accordance with
this section, the plans described in 7 shall remain in effect. In the
event an Alternative Plan is not implemented in accordance with this
section for 2003, the Union shall have the right to pursue a second
RFP, on the terms described above, for either 2004 or 2005, at its
option.
8. Except as otherwise provided expressly herein, nothing in this
Supplemental Agreement shall be deemed to give part-time employees any
rights or benefits under the collective bargaining agreement between
the parties hereto dated September l6, l980, and any successive
agreements, or to limit the Company in any way in the exercise of the
regular and customary functions of management, including, among other
things, the direction of the working forces; the establishment of
methods of operation; the promotion and demotion of employees; the
establishment of plans for increased efficiency; the adoption and
maintenance of engineering standards and standards of performance
and quality; the right to hire, suspend or discharge for proper cause;
the right to select or employ
5
supervisory employees, including foremen and their assistants; the
right to transfer or relieve from duty because of lack of work; the
right to determine from time to time the number of hours worked per day
and per week; and the right to establish and enforce rules and
regulations pertaining to personal conduct and deportment of employees.
The provisions of this Article shall not be used arbitrarily or
capriciously as to any employee or for the purpose of discriminating
in any manner against the Union or its members.
9. Each part-time employee who is required to work on a Sunday shall
receive $5.00 for each hour worked, and such additional amount shall be
deemed to be part of such part-time employee's regular hourly rate for
that day.
10. Each part-time employee who works his regularly scheduled hours on his
last scheduled day before and his first scheduled day after a holiday
as described in Article IV, Section 1, shall be paid five hours' pay at
his regular hourly rate. In addition, each part-time employee who is
required to work on a holiday shall be paid at one and one-half times
his regular hourly rate for all holiday hours worked.
11. Each part-time employee who is on the payroll on or before May l of the
preceding calendar year and continuously thereafter until the end of
the preceding calendar year and who works at least l000 hours during
such preceding calendar year shall receive vacation with pay as
follows:
(a) 80 hours to each employee whose years of total service as
of the end of the preceding calendar year equaled or exceeded
14 years, for which vacation the employee will receive the
equivalent of 80 times his regular hourly rate.
(b) 56 hours to each employee whose years of total service as
of the end of the preceding calendar year equaled or exceeded
5 years, for which vacation the employee will receive the
equivalent of 56 times his regular hourly rate.
(c) 40 hours to each employee whose years of total service as
of the end of the preceding calendar year was less than 5
years, for which vacation the employee will receive the
equivalent of 40 times his regular hourly rate.
(d) for purposes of determining years of total service as
contained in subsections (a), (b) and (c) above, a year shall
mean any calendar year following the year of employment in
which the employee is credited with no less than 1000 hours of
service.
12. For the first five days of jury duty service, a part-time employee will
be paid the difference between his jury duty pay and his regular hourly
rate of pay for such hours of absence within his regularly scheduled
work hours for those five days.
For each week of jury duty service thereafter, a part-time employee
with 1000 hours or more of service within the previous twelve months
will be paid the difference between his
6
jury duty pay and his regular hourly rate for such hours of absence
within his regularly scheduled work week but not in excess of 24 hours
in any one week.
l3. (a) When any part-time employee has worked at least l000 hours in the
preceding calendar year, and thereafter is absent from work due to
sickness and satisfies the Company that such absence from work is
warranted, the Company will pay such employee at his regular hourly
rate for such hours of absence within his regular scheduled work week,
subject to the limitation that hours for which such pay is allowed
shall not aggregate more than 24 for any year ending on December 3lst,
provided, however, that any portion of the 72 hours sick allowance not
used during the immediately preceding three years, will be used before
the 24 hours of sick allowance of the current year.
(b) During each calendar year, with the prior authorization of the
supervisor, the Company will grant to part-time employees 8 hours of
personal paid absence in lieu of 8 of the aggregate of 24 hours of
absence due to sickness in 13 (a). The employee must have at least 8
hours of unused sick time available to him to take a paid personal day,
may not take paid personal time in increments of less than 4 hours, and
may not accumulate unused personal time from year to year.
l4. When any part-time employee is absent from work due to the death of his
spouse, child, ▇▇▇▇▇▇ child, parent (or step-parent in lieu of
parent), and has worked at least l000 hours in the preceding calendar
year, the Company will pay such employee at his regular hourly rate for
such hours of absence within his regular scheduled work week following
the death and through the day of the funeral up to a maximum of
twenty hours. When any part-time employee is absent from work due to
the death of his brother, sister, or parent-in-law and has worked at
least 1000 hours in the preceding calendar year, the Company will pay
such employee at his regular hourly rate for such hours of absence
within his regular scheduled work week following the death and through
the day of the funeral up to a maximum of twelve hours. When any
part-time employee is absent from work due to the death of his
grandparent or grandchild and has worked at least 1000 hours in the
preceding calendar year, the Company will pay such employee at his
regular hourly rate for such hours of absence within his regular
scheduled work week following the death and through the day of the
funeral up to a maximum of four hours.
15. The Company will take such action as is appropriate to amend The United
Illuminating Company Plan for Employees' Disability Benefits to provide
the following:
When any part-time employee has worked at least 1000 hours in the
preceding calendar year, and thereafter is absent from work due to a
non-occupational illness or injury and satisfies the Company that such
absence is warranted, the Company will pay such employee at his regular
hourly base rate at the time the disability began based on the
following schedule:
7
Length of Continuous Employment Benefits
------------------------------- --------
1 year but less than 2 years 20 hours for 1 week
10 hours for 1 week
2 years but less than 5 years 20 hours for 4 weeks
10 hours for 9 weeks
5 years but less than 10 years 20 hours for 13 weeks
10 hours for 13 weeks
10 years but less than 25 years 20 hours for 13 weeks
10 hours for 39 weeks
25 years or more 20 hours for 26 weeks
10 hours for 26 weeks
Benefits will be paid beginning with the eighth calendar day of
absence. If an employee who has received sickness benefits returns to
work and is again absent within two weeks of returning to work,
benefits will begin again without a waiting period.
Any sickness occurring after the employee has been continuously engaged
in the performance of his duties for 13 weeks will be considered a new
absence.
l6. This Supplemental Agreement shall become effective upon execution by
both parties and shall thereafter be effective only while there is in
effect between the parties hereto a valid collective bargaining
agreement covering the regular full-time employees of the Company.
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS SUPPLEMENTAL AGREEMENT, AT
NEW HAVEN, CONNECTICUT, THIS 17TH DAY OF SEPTEMBER, 2002.
LOCAL 470-L OF THE
UTILITY WORKERS UNION OF AMERICA, AFL-CIO
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, PRESIDENT
▇▇▇▇▇▇ ▇. ▇▇▇▇▇, EXECUTIVE VICE PRESIDENT
Attest: ▇▇▇▇▇▇ ▇▇▇▇▇▇, VICE PRESIDENT-CLIENT
FULFILLMENT/CLIENT SERVICES/FINANCE
▇▇▇▇▇ ▇. Rams, VICE PRESIDENT
-ELECTRIC SYSTEM
8
▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, CHIEF ▇▇▇▇▇▇▇, CLIENT
FULFILLMENT/CLIENT SERVICES/FINANCE AND
ACTING RECORDING SECRETARY, LOCAL 470-1
▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, CHIEF ▇▇▇▇▇▇▇,
STANDARD FIELD
THE UNITED ILLUMINATING COMPANY
By: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇, SENIOR HUMAN RESOURCES EXECUTIVE
▇▇▇▇▇▇▇ ▇. ▇▇▇▇, VICE PRESIDENT ELECTRIC SYSTEM
▇▇▇▇▇▇▇ ▇. Sages, VICE PRESIDENT FINANCE AND CFO
▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇, GENERAL MANAGER CLIENT FULFILLMENT
▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, PROCESS LEADER EMPLOYEE RELATIONS
Approved: ▇▇▇▇ ▇. ▇▇▇▇▇▇▇, NATIONAL REPRESENTATIVE
UWUA, AFL-CIO
9
EXHIBIT ONE
DUES DEDUCTION AUTHORIZATION FORM
FOR PART-TIME EMPLOYEES
Date:
-----------------
The United Illuminating Company
▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇
▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇
I hereby request and direct The United Illuminating Company to deduct
each week from payments for my services such amount as the President of Local
470-l of the Utility Workers Union of America, AFL-CIO shall from time to time
certify to the Company as being the weekly dues which have been established as
payable in accordance with the Constitution and By-Laws of the Union. I request
that such amount be deducted on the first regular payday after the delivery of
this request to the Company, provided such an amount is owing to me on said
payday.
I direct that said sum be paid to the Treasurer of the Union who is
certified by the Union to the Company from time to time.
I agree to indemnify and save harmless the Company for any sums that
the Company may be required to pay as the result of a claim that money deducted
from my pay and paid to the Treasurer of the Union in accordance with this
request has been illegally deducted .
This authorization may be revoked by me at any time as to any future
deductions by giving written notice to the Company and shall not be effective
during any period when there is no agreement between the Company and the Union.
10