POWER HOUSE LABOR AGREEMENT BY CONTRACT FOR MIDWEST GENERATION, LLC POWER GENERATING FACILITIES WITHIN THE STATE OF ILLINOIS

Transcription

1 POWER HOUSE LABOR AGREEMENT BY CONTRACT FOR MIDWEST GENERATION, LLC POWER GENERATING FACILITIES WITHIN THE STATE OF ILLINOIS Dated 4/28/14

2 PREAMBLE The purpose of this Power House Labor Agreement ( PHLA or "Agreement") is to insure that all contracted maintenance and construction work performed at Midwest Generation, LL C Power Generating Facilities shall proceed economically, efficiently and continuously, without interruption and with due consideration for the protection of labor standards, wages and working conditions. The parties hereto hereby do agree to establish and put into practice effective and binding methods for the settlement of all misunderstandings, disputes or grievances that may arise between the Contractor and any Union or its members to the end that the Owner, Contractor and Union(s) are assured of complete continuity of operation without slowdown or interruption of any kind and that labor-management harmony is maintained. It is further agreed between the parties that the terms, conditions and provisions of this Agreement shall supersede those of all other collective bargaining agreements and that this Agreement represents a complete and total understanding between the parties signatory hereto. This Agreement is entered into by and between those parties who have signed a PHLA Adherence Agreement. This PHLA is for the performance of power house construction, improvements, maintenance, modification, repair, renovation, and demolition work (hereinafter referred to as Work) for Midwest Generation, LLC (hereinafter referred to as Owner) performed on existing sites (within the state of Illinois) owned by Midwest Generation, LLC as of January 1, ARTICLE 1 MANAGEMENT RIGHTS 1-1. The Unions understand that the Contractor is responsible for performing the work required by the Owner. Therefore, the Contractor has the complete authority and right to: (a) (b) (c) (d) (e) (f) (g) (h) Plan, direct, and control the operation of all work. Hire and lay off employees as the Contractor deems appropriate to meet work requirements and/or skills required. The Contractor may hire key employees by name who have special skills or who have previous contract maintenance-modification experience with said Contractor. In such cases, local exclusive referral systems where applicable shall prevail. Transfer employees with special skills or qualifications and/or employees from jobs where forces are being reduced to jobs where forces are being increased, without restriction or limitations. In such cases, local exclusive referral systems where applicable shall prevail. Determine Work methods and procedures. Determine the need for a General Foreman and the number of Foremen; require Foremen to work with their tools when, in the Contractor's opinion, this is advisable. The Contractor shall provide adequate and competent, direct supervision on the job. When established for a craft, one (1) top hourly craft supervisor shall be guaranteed forty (40) hours per week and may be required to remain on the job at the request of the Owner. Require all employees to observe the Contractor's and/or Owner's rules and regulations consistent with the Agreement. Require all employees to observe all safety regulations prescribed by the Contractor and/or Owner and to work safely. Discharge, suspend, or discipline employees for proper cause. (1)

3 1-2. The Contractor may, if so desired, maintain a variety of skills within the Contractor's group of employees in order to be prepared with skills and/or supervision for any type of Work that may arise It is understood that all employees will work together harmoniously as a group and as directed by the Contractor. Employees will also cooperate with and follow directions of Owner representatives in case of emergency, as required by the contractor. This is not to be construed under regular operating conditions as a Contractor's prerogative to assign employees out of their regular skill classification The Unions understand the extreme importance of keeping operating equipment and units running at all times. The Unions also understand that the loss of production and the cost of repairs together create a great loss to the Owner. Therefore, the Unions will encourage and advise the employees to exhaust every effort, ways and means to perform work of good quality with high productivity. The Contractor and the Unions recognize the necessity for eliminating restrictions and promoting efficiency, and agree that no rules, customs or practices shall be permitted which limit production or increase the time required to do the Work, and no limitation shall be placed upon the amount of Work which an employee shall perform, nor shall there be any restrictions against the use of any kinds of machinery, tools or labor-saving devices It is understood by the Contractor and agreed to by the Unions that the employees of the Contractor will perform the Work requested by the Contractor without having any concern or interference with any other work performed by any employees who are not covered by this Agreement. It is understood that all Work not done by the Owner s employees is to be done by signatory unions except for technical specialties and non-construction trade work Questions arising over the application and intent of this Agreement are subject to review by the Power House Labor Agreement Committee to determine whether or not there has been exploitation of stipulated prerogatives. The Power House Labor Agreement Committee shall function under the Memorandum Of Understanding adopted from time to time by said Committee which is, and shall be, incorporated herein. ARTICLE 2 UNION SECURITY AND REFERRAL 2-1. The Unions are recognized by the Contractor as a source of employment referrals. The appropriate Unions will be contacted and shall refer all applicants for employment to this project according to the standards or criteria uniformly applied to any maintenance project in the area The Work that the Contractor performs may involve an operating unit that in all cases must be kept running. This situation means that some of the Work is of an emergency nature, and therefore, will require at times the acceptance of extreme fluctuations in the labor demand. The Unions, by this Agreement, completely understand the necessity of these extremes and agree to make every effort to fulfill the manpower requirements of the Contractor All employees hired by the Contractor shall, as a condition of employment, become and remain members in good standing of the appropriate Union within seven (7) days following the date of their employment The Contractor agrees to be bound by the hiring practices in the local area not inconsistent with the terms of this Agreement. (2)

4 ARTICLE 3 NON-DISCRIMINATION 3-1. The Unions and the Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, or national origin. ARTICLE 4 SCOPE OF WORK 4-1. This Agreement covers only that Work assigned by the Owner to the Contractor and performed by the employees of the Contractor covered by this Agreement The Unions and the Contractor understand that the Owner may choose to perform or to contract out any part of the Work necessary on a project It is understood that when the Contractor performs or subcontracts any Work historically and jurisdictionally performed by members of the AFL-CIO Building & Construction Trades, the Contractor shall be required to execute a PHLA Adherence Agreement except as otherwise provided herein. This procedure shall apply to all tiers of subcontracting. ARTICLE 5 DEFINITION OF WORK 5-1. In the event that a dispute arises as to whether a Work operation is within the scope of this Agreement, the matter shall be referred to the PHLA Committee for resolution. ARTICLE 6 GRIEVANCE PROCEDURE 6-1. Local area grievance/arbitration forums shall not be used to interpret terms, conditions, or provisions of this Agreement. Such determinations are vested exclusively within the procedures of the Power House Labor Agreement Committee. 6-2 All grievances arising on any work covered by this Agreement shall be processed under the provisions of the Power House Labor Agreement, Memorandum Of Understanding. ARTICLE 7 WORK ASSIGNMENTS 7-1. The signatories to this Agreement concur with the concept that Work Assignments cannot and shall not interfere with the efficient and continuous operation required in the successful application of the intent of this Agreement In the event that an emergency arises, or a situation where an individual or individuals receive their administrative limit of radiation during the shift that would not warrant "call in" of other men, or others could not be reached, the Contractor shall have the right to assign those on the shift to such emergency work which is necessary. The Contractor agrees that in such cases where practical the Work will be assigned on the basis of craft jurisdiction. (3)

5 7-3. The Contractor and Union(s) agree to a composite crew in an emergency situation. Emergency work shall be defined as non-scheduled outages not to exceed forty-eight (48) hours Work assignment disagreements arising under the provisions of this Agreement which do not involve jurisdictional disputes shall be referred to the Power House Labor Agreement Committee for resolution The Contractor and Union(s) agree that with regard to work assignments the requirements of established apprenticeship programs shall be recognized for apprentice employees. ARTICLE 8 CRAFT SITE REPRESENTATIVES 8-1. A Craft Site Representative may be a qualified workman appointed by his Craft Business Representative. The Craft Site Representative shall be a working Journeyman on the job and shall provide qualified leadership in maintaining continuous, uninterrupted work. The Craft Site Representative shall be the last employee of the Craft to be laid off at the conclusion of the job provided that the employee is qualified to perform the required work. ARTICLE 9 LOCAL UNION REPRESENTATIVES 9-1. Officials of any signatory Unions shall be provided access to projects covered by this Agreement. ARTICLE 10 WAGE RATES AND PAY Wage rates shall be 100% of the base wage scales, excluding fringe benefits, contained in the appropriate local or areas agreements which have been negotiated by the recognized bargaining agents Fringe benefits as negotiated in local or area collective bargaining agreements shall be paid in addition to specified wage rates. This includes welfare funds, apprentice training funds, pension funds, and other monetary funds. With regard to fringe benefits, the Contractor adopts and agrees to be bound by the written terms of legally established trust agreements specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds. The Contractor authorizes the parties to such trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. Nothing contained in this language is intended to require the Contractor to become a party to, nor be bound by a local collective bargaining agreement, except for the employee benefit fund contributions as required herein, nor is the Contractor required to become a member of any employer group or association as a condition for making such contributions For the purpose of this Agreement, wage premiums established under local and/or national collective bargaining agreements affecting the Work such as hazard pay, acid pay, high or low work, radiation area, wearing of a dosimeter, protective clothing or respirator and similar premiums shall not be applicable to this Agreement Under the terms of this Agreement, travel allowance, mileage or pay for travel time shall not be recognized Wages will be paid weekly. The payroll period to close so that no more than five (5) days will be held back and payments to be made before the end of the employee's shift, and otherwise in accordance with the local Agreements of each craft. ARTICLE 11 (4)

6 DAY WORK SCHEDULES The standard work day shall be an established consecutive eight (8) hour period between the hours of 7 a.m. and 5 p.m. exclusive of a thirty (30) minute lunch period. Forty (40) hours per week shall constitute a week's work, Monday through Friday, inclusive. On any project when the job conditions dictate a change in the established starting time and/or a staggered lunch period on certain work of the project or with individual Crafts, the Contractor and the Unions involved shall mutually agree to such changes All time before and after the established day work of eight (8) hours, Monday through Friday, and all time on Saturday shall be paid for at the rate of time and one-half. All time on Sundays and Holidays stated in Article 13 shall be paid for at the rate of double time. ARTICLE 12 TEMPORARY SHIFT WORK CONDITIONS When so elected by the Contractor, multiple shifts on a temporary basis of at least three (3) consecutive work days duration may be worked. When two or three shifts are worked, the first or day shift shall be established on an eight (8) hour basis; the second shift shall be established on a seven and one-half (7½) hour basis; and the third shift shall be established on a seven (7) hour basis. Unnecessary fluctuation of the three (3) consecutive work day provision shall be deemed a violation of the temporary shift provisions to circumvent the regular overtime provisions of this Agreement and, if so deemed by the Power House Maintenance Modification Committee shall result in all employees on such shifts being paid at the appropriate overtime rates. The determination of the start of multiple shifts is by mutual agreement. If it is necessary to use employees from a previous shift within a twenty-four (24) hour period, overtime provisions of Article 11 shall apply and shall be considered the beginning of the three (3) consecutive work days The pay for the second and third shifts shall be equivalent to eight (8) times the employee's straight time hourly rate When by mutual agreement it is deemed necessary to operate ten (10) hour shifts, these shifts shall be on a temporary basis of at least three (3) consecutive days. The first shift or day shift shall be paid eight (8) straight hours and two (2) hours at the applicable overtime rate with an unpaid lunch period. The second shift or night shift shall be paid eight (8) straight time hours and two (2) hours at the applicable overtime rate with a paid lunch period A twelve (12) hour shift shall not be worked except in extreme emergencies and then only by mutual consent of the Contractor and Unions. In the event that it is deemed necessary to work on a twelve (12) hour basis, the shifts shall be of a temporary basis of at least three (3) consecutive days. The first shift or day shift shall be paid eight (8) straight hours and four (4) hours at the applicable overtime rate. Included in this twelve (12) hour shift is a paid one-half (1/2) hour lunch period during the first eight (8) hours and a paid twenty (20) minute lunch break during the four (4) hour overtime period. The second shift or night shift shall be paid in the same manner There shall be no other shift premiums. The premium hours of all shifts shall be after the initial eight (8) hours are worked Other shift work arrangements may be implemented by mutual agreement between the Contractor and the Union. ARTICLE 13 (5)

7 HOLIDAYS The following six (6) days shall constitute the legal holidays within the terms of this Agreement and will be celebrated on nationally recognized days, except for mutually agreed upon changes through the Power House Maintenance Modification Committee: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day ARTICLE 14 REPORTING TIME AND CALL-INS Reporting Pay: When an employee or new hire reports to work and is not given the opportunity to work because work was not available, and the employee was not notified before the completion of the previous day's work, the employee shall be paid two (2) hours reporting time. When employees start to work they shall be paid not less than four (4) hours and, if they work beyond four (4) hours, they shall be paid for actual time worked. If any employee refuses to start or stops work on the employee's own volition, the minimums set forth above shall not apply Call-Ins: A Call-In shall be defined as notification to an employee, by whatever means, to report for work outside of the employee's regularly scheduled shift. Call-Ins as defined above shall be paid in accordance with one of the following: (a) (b) A Call-In prior to and continuous with an employee's regularly scheduled shift shall be paid for on the basis of hours actually worked at the applicable overtime rate. When an employee is called in to work at or after the established starting time on Saturday or Sunday, the employee's scheduled day off, or holidays, the employee shall be paid not less than four (4) hours at the applicable overtime rate for that day, and, if the employee works past the lunch period, the employee shall be paid for hours worked plus a paid lunch period. ARTICLE 15 TOOL ROOMS The Contractor and the Unions agree that it shall be the Owner's prerogative to maintain and operate a general, centrally located tool room and warehouse. The Contractor and the Unions agree that the manpower required for operation of a Contractor centrally located tool room and warehouse shall be employed directly by the Contractor If it is the intention of the Contractor to establish area tool rooms and warehouses as required for efficient service in the plant, these area tool rooms and warehouses will be manned under the terms of this Agreement. ARTICLE 16 FIRST AID AND SAFETY (6)

8 16-1. The employees covered by the terms of this Agreement shall at all times while in the employ of the Contractor be bound by the safety rules and regulations as established by the Owner and/or Contractor. These rules and regulations are to be posted at conspicuous places throughout the project The Contractor and the Unions agree to Fitness For Duty Testing (including access testing, testing for cause and random testing) when required by the owner. ARTICLE 17 PROJECT RULES It is agreed that project rules and regulations will be limited to safety, security and mandatory requirements and will be prepared and distributed among employees by the Contractor, provided such rules do not conflict with any terms of this Agreement It is further agreed that violation of these project rules and regulations is direct and just cause for disciplinary action, including immediate discharge, subject to Article 6. ARTICLE 18 PROTECTIVE LEGISLATION All employees covered by this Agreement shall have the protection of all existing Federal, State and Local Laws applicable to employees in general. ARTICLE 19 GENERAL SAVINGS CLAUSE Any provisions in this Agreement which are in contravention of any Federal, State, Local or County regulations or laws affecting all or part of the limits covered by this Agreement shall be suspended in operation within the limits to which such law or regulation is in effect. Such suspension shall not affect the operation of any such provisions covered by this Agreement to which the law or regulation is not applicable; nor shall it affect the operation of the remainder of the provisions of the Agreement within the limits such law or regulation is applicable It is mutually agreed between the Contractor and the Unions that if any liability by signatory Unions to this Agreement should arise, such liability shall be several and not joint. ARTICLE 20 WORK STOPPAGES There shall be no strikes, sympathy strikes, work stoppages, picketing, or slowdowns by the Unions or employees on the project site which would affect the terms of this Agreement. There shall be no lockouts by the Contractor. ARTICLE 21 PROCEDURE FOR RESOLUTION OF JURISDICTIONAL DISPUTES (7)

9 21-1. When a jurisdictional dispute over an assignment of work arises, the Local Union challenging the assignment or the Contractor directly affected by the dispute shall notify all affected parties; i.e., Unions and Contractor, by or fax that a dispute exists Within two (2) days after receiving such notice, the Contractor and Local Business Managers (or designee) shall meet to attempt to resolve the dispute If within five (5) days after the jurisdictional dispute notification the dispute is not resolved, the dispute shall be submitted to a neutral arbitrator. If the Unions cannot agree on an arbitrator, then an arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration Association and the Arbitration shall be conducted in accordance with such rules and procedures. The cost of such arbitration shall be borne equally by both Unions that are party to the arbitration; and the decision of the arbitrator shall be final and binding on all parties and individuals bound by this Agreement During the existence of the PHLA Agreement, there shall be no strikes, work stoppages, or picketing arising out of any jurisdictional dispute. ARTICLE 22 PRE-JOB CONFERENCE In keeping with the spirit and intent of the Agreement, the Contractor agrees to provide the Unions with the opportunity for a pre-job conference prior to starting Work on the project. ARTICLE 23 DURATION OF AGREEMENT This Agreement shall be in full force and effect for a period of one (1) year from the date of the Contractor's signature on the PHLA Adherence Agreement and shall continue from year to year thereafter unless a sixty (60) day notice is given by the Contractor or an officer of any Local Union intending to terminate the Agreement. (8)