Attachment_1_-_CO_Statewide_Line_Agree_2018-2021.pdf

COLORADO STATEWIDE LINE CONSTRUCTION AGREEMENT

WITH

WESTERN LINE CONSTRUCTORS CHAPTER, Inc.

N.E.C.A., Inc.

AND

LOCAL UNIONS 12, 111, 113, & 969

OF THE

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

September 1, 2018 through August 31, 2021

TABLE OF CONTENTS

BASIC PRINCIPLES………………………….………………………………………………...-4-

ARTICLE I Effective Date - Changes - Grievances - Dispute ................................................... -4-

ARTICLE II Employer Rights - Union Rights ........................................................................... -6-

ARTICLE III Hours – Wages - Working Conditions ................................................................ -12-

ARTICLE IV Outside Apprenticeship and Training ................................................................. -23-

ARTICLE V National Employees Benefit Agreement [NEBF] ................................................ -23-

ARTICLE VI Administrative Maintenance Fund [AMF] ......................................................... -24-

ARTICLE VII Referral Procedure ............................................................................................. -24-

ARTICLE VIII Separability Clause ........................................................................................... -31-

ARTICLE IX Code of Excellence ............................................................................................. -31-

ARTICLE X LMCC Local Labor-Management Cooperation Committee ................................ 31-

ARTICLE XI NLMCC National Labor Management Cooperation Committee ........................ 32-

ARTICLE XII Grievance Procedures ......................................................................................... -34-

SCHEDULE "A" Wages and Classifications ............................................................................. -35-

ADDENDUM 1 Underground Construction .............................................................................. 36-

COLORADO STATEWIDE LINE CONSTRUCTION AGREEMENT

APPLICABLE ON ALL OVERHEAD & UNDERGROUND

LINE CONSTRUCTION WORK

Agreement by and between the Western Line Constructors Chapter, Inc., NECA, Inc., and Local Unions 12, 111, 113 and 969, IBEW. It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term "Chapter" shall mean the Western Line Constructors Chapter, Inc., NECA, Inc. and the term "Union" shall mean Local Unions 12, 111, 113 and 969, IBEW. The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement.

WITNESSETH: The purpose and intent of this Agreement is to establish uniform conditions of employment for outside electrical workers represented by the Union engaged in outside construction work for the Employer.

1. Wood pole construction work (power, telephone, radio, television, etc.) shall include the digging and backfilling of holes for poles and anchors by hand or mechanical equipment, the moving of men, tools and equipment; the handling, unloading and distribution of all material; the assembly and erection of all materials and structures including guying, stringing of conductors;

and all work necessary to the ultimate completion of wood pole lines, substations, switch structures, or similar wood pole structures where used for the purpose of carrying electric wires, conductors, or equipment.

2. Steel, metal concrete, and/or all other materials used for outside construction work (power, telephone, radio, television, Photo-Voltaic etc.) where such construction is used for the purpose of carrying electric wires, conductors, or equipment, which includes construction of transmission towers, outdoor substations, microwave towers, switch racks, and/or similar electrical structures shall include the following: All excavation work for pads, foundations, anchors, etc. the construction of such pads or foundations; the backfilling and grounding of and around such pads or foundations; the moving of all men, tools and equipment; the handling, distribution, sorting and assembly of all materials and the erection of all structures; the stringing and installation of wires, cables and insulators and other electrical equipment suspended from such structures, and the ultimate completion of such work.

3. Underground installation (wood, tile, masonry, fiber, metal and all types of electrical duct where such installations come under the outside branch of the electrical industry) shall include the following: The moving of men, tools, material and equipment; the excavation and trenching, installation of race-ways or ducts, construction of man holes, transformer vaults, hand holes, backfilling, installation of fish wire, pulling, splicing, laying of wire or cables installed in race-ways or ducts, or direct burial and all operations required for the ultimate completion of such work.

4. Underground construction including apparatus and fixtures, on public property, such as street lighting, highway lighting and motor traffic controls, etc., shall be covered by this Agreement.

5. The scope of this Agreement includes not only the new installations as outlined above, but also governs the repair, maintenance or dismantling on all above structures, lines and equipment.

The driving and operation of all vehicles and equipment necessary to perform the work under this Agreement shall be performed by workmen employed under the terms of this Agreement.

6. The installation of any and all gas piping installation, above and below ground, regardless of the type of materials, i.e.: plastic, P.V.C., steel, etc., and all necessary fittings, metering, supports, and all related work including all types of welding necessary for the ultimate completion of such gas installations. The moving of men, tools, materials and equipment; the excavation and trenching, backfilling and compacting necessary to complete this work shall be done by workmen employed under the terms and conditions of this Agreement.

7. FOG Wire is to be considered within the scope of this Agreement. The installation of Fibre Optic Wire, other than Fiber Optic Ground (FOG) Wire, may be done under this Agreement.

However, it is recognized that other agreements may also contain the same installations within their scope.

BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Electrical Industry.

Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union, and the Public. Progress in the industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational, common sense methods. Now therefore, in consideration of the mutual promises and agreement herein contained, the parties hereto agree as follows:

The Union and the Employer recognize that all employees have a right to enjoy a safe work environment, free from unreasonable interference, intimidation, hostility, or other offensive behavior on the part of a manager, co-workers, or visitors. It is also recognized that harassment, sexual or otherwise, is against the law and will not be tolerated.

ARTICLE I

EFFECTIVE DATE /CHANGES/GRIEVANCES/DISPUTES

EFFECTIVE DATE:

Section 1.01.

This Agreement shall take effect September 1, 2018, and shall remain in effect until August 31, 2021, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from September 1st through August 31st of each year, unless changed or terminated in the way later provided herein.

CHANGES:

Section 1.02.

(a). Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(b). Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(c). The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.

(d). Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council’s decisions shall be final and binding.

(e). When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(f). Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03.

This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 1.04.

There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

GRIEVANCES/DISPUTES:

Section 1.05.

There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives.

Section 1.06.

All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.

Section 1.07.

All matters coming before the Labor-Management Committee shall be decided by a majority vote.

Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.

Section 1.08.

Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding.

Section 1.09.

When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

ARTICLE II

EMPLOYER RIGHTS/UNION RIGHTS

Section 2.01.

Members of the Union, except those meeting the requirements of Employer as defined herein, shall not contract for any electrical work by the hour, unit basis, lump sum or any other manner whatsoever.

Section 2.02.

The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession.

NON-RESIDENT EMPLOYEES: (Portability) Section 2.03.

An Employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union's jurisdiction into this Local's jurisdiction and up to two bargaining unit employees per job from that Local's jurisdiction to this Local's jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

Section 2.04.

The Employer shall not loan or cause to be loaned any workmen in his employ and covered by this Agreement.

Section 2.05.

(a) The Employer acknowledges and agrees that if a majority of its employees has authorized the Union to represent them in collective bargaining; the Employer agrees to recognize and does hereby recognize the Union, its agents, representatives or successors as the exclusive collective bargaining agent for all employees performing electrical construction work within the jurisdiction of the Union on all present and future job sites.

(b) The Employer understands that the Local Union's jurisdiction -- both trade and territorial -- is not a subject for negotiations but rather is determined solely within the IBEW by the International President and, therefore, agrees to recognize and be bound by such determinations.

UNION SECURITY:

Section 2.06.

(a) All employees covered by the terms of this Agreement shall be required to become and remain members of the Unions as a condition of employment from and after the eighth day following the date of their employment or the effective date of this Agreement, whichever is later.

AGE-RATIO:

(b) On all jobs requiring five (5) or more Journeymen, at least every fifth Journeyman, if available, shall be fifty (50) years of age or older.

Section 2.07.

(a) Certain qualifications, knowledge, experience and financial responsibility are required of an Electrical Contractor in order to be recognized as an Employer under the terms of this Agreement.

An "Employer" is to be recognized as a person, firm or corporation having the above qualifications, who maintains a permanent place of business other than his home and has suitable financial status to meet payroll requirements.

(b) Workman shall install all electrical work in a safe and workman like manner and in accordance with applicable contract specifications.

(c) A Journeyman Lineman shall be required to make corrections on improper workmanship for which he is responsible, on his own time and during regular working hours, unless errors were made by orders of the Employer, or the Employer's representative.

MANAGEMENT’S RIGHTS:

(d) The Union understands the Employer is responsible to perform the work required by the owner.

The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

FOREMAN CALL-OUT BY NAME:

(e) The employer shall have the right to call a Foreman by name provided:

1. The employee has not quit his previous employer within the past two weeks.

2. The employer shall notify the business manager in writing of the name of the individual who is to be requested for employment as a Foreman. Upon such request, the business manager shall refer said Foreman provided the name appears on the highest-priority group.

3. When an employee is called as a Foreman, he must remain as a Foreman for 1,000 hours or must receive a reduction in force.

WORKERS’ COMPENSATION INSURANCE:

Section 2.08.

The Employer, as a condition of this Agreement, shall make regular payments to the State and/or Federal Government for Unemployment Compensation, Workers Compensation, Social Security and so forth, for each employee, and also such other payments as required by law. Regular payments to the National Electrical Benefit Fund as herein provided must also be made.

Satisfactory proof of such regular payments must be furnished to the Union upon request.

APPOINTMENT OF STEWARDS:

Section 2.09.

The Business Manager shall have the right to appoint a Steward at any shop or job where workmen are employed under the terms of this Agreement and shall notify the Employer of the appointment and his identity when such Steward is appointed. Such Steward shall see that the terms of this Agreement and the rules of the Local Union are observed and shall be allowed a reasonable length of time to perform these duties during regular working hours. Under no circumstances shall the Contractor dismiss, or otherwise discriminate against any employee or Steward for making a complaint or giving evidence in regard to an alleged violation of any provision of this Agreement.

When disagreements or disputes cannot be resolved by the Steward or his Supervisor, same shall be submitted to the Business Manager and the Employer or his Representative for settlement or processing as provided in Section 1.05 thru 1.09 of this Agreement. A Steward shall not under any circumstances, cause a work stoppage on any job or in any shop. A Steward shall not be dismissed or laid off until the Business Manager has first been notified. At least one working day's notice shall be given when a Steward is laid off. At least forty-eight (48) hours notice shall be given to the Union when a Steward is transferred.

UNION RIGHT TO DISCIPLINE MEMBERS:

Section 2.10.

The Union reserves the right to discipline its member for violation of its laws, rules and agreements.

Section 2.11.

No Employer shall directly or indirectly or by any subterfuge, sublet or contract with employees, any or all of the labor services required on any contract of the Employer.

UNION JOB ACCESS:

Section 2.12.

A representative of the Union shall be allowed access to any shop or job, at any reasonable time, where workers are employed under the terms of this Agreement.

Section 2.13.

Upgraded employees shall be considered temporary pursuant to Section 7.07 of this Agreement.

ANNULMENT/SUBCONTRACTING:

Section 2.14.

(a) The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of this Agreement by the Local Union after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting, or repair of a building, structure or other work, will be deemed a material breach of this Agreement.

All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

(b) All SWPPP, environmental and remediation/restoration work, foundation work, all traffic control work, clearing/cutting/trimming of trees and vegetation, fencing work, all directional drill work and all work related thereto including potholing may be performed by employees not covered under the Agreement. IBEW members will be utilized to the fullest extent possible on all aspects of the work.

UNION DUES DEDUCTION:

Section 2.15.

The Employer agrees to deduct and forward to the Financial Secretary of the Local Union - upon receipt of a voluntary written authorization - the additional working dues from the pay of each IBEW member. The amount to be deducted shall be the amount specified in the approved Local Union Bylaws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

HEALTH AND WELFARE:

Section 2.16.

(a) LINECO: The Employer agrees to pay into a Welfare Fund, known as the Line Construction Benefit Fund: $5.75 effective September 1, 2018 and effective January 1, 2019 $6.00 and up to $6.25 effective January 1, 2020 for each hour paid to all employees covered by this Agreement, the first twenty-five cents ($0.25) of future increases will be borne by the Employer. Other increases beyond those stated above will be split on a 50/50 basis between the Employer and

Employee. The Employees portion will be taken as a deduction from their paychecks not a reduction from their hourly wage. The contributions of the Employer shall be used to provide temporary disability, dental, hospital, surgical and medical expense benefits to eligible employees and/or their dependents in such form and amount as the trustees of the Welfare Fund may determine and to provide funds for the organization and administration expenses of the Welfare Fund. The contributions may also be used to provide group life insurance to eligible employees if the trustees of the Welfare Fund may determine this protection is advisable.

The Employer agrees to be bound by the terms and conditions of the Trust documents and by the actions of the trustees, excluding any action prohibited by law or which diverts the funds from the purposes for which the Trust was created and to make available to the Lineco trustees such information and records as will enable the Lineco trustees to perform their functions.

The said Welfare Fund shall be administered pursuant to an Agreement and Declaration of Trust administered jointly by representatives of the NECA Chapters and IBEW Unions. If any employer fails to make contributions to said Welfare Fund as provided in this Agreement, no later than the 15th day following the end of each calendar month, he shall be subject to having this Agreement terminated upon seventy-two hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the Line Construction Benefit Fund. In addition, if suit is instituted to collect any delinquent payment, the Employer shall also be liable for such interest, damages, fees and costs as are provided for by law.

(b) HRA: The Employer also agrees to pay into the Line Construction Benefit Fund $0.30 per hour effective September 1, 2018, this amount is the required and maximum per hour contribution allowed and is to be calculated on all hours worked for all working classifications covered by this Agreement. These contributions shall be used to provide Health Reimbursement Account(s) under the Line Construction Benefit Fund Plan of Benefits.

Section 2.17.

Pension: Each Employer shall contribute to the Eighth District Electrical Pension Fund (the "Fund"), for the General Foreman, Foreman, Journeyman Lineman, and Welder classifications the sum of 15% effective September 1, 2018, and for all Apprentice classifications, Line Equipment Operator, CDL Groundman and Groundman 12% effective September 1, 2018, and for all other Underground Classifications set forth in Addendum I (except the Underground Groundman) 10.5% effective September 1, 2018, of the applicable straight time hourly wage for each employee of the Employer performing work covered by this Agreement. Changes to the contribution rate over the term of the Agreement are set forth in Schedule A. Employer contributions and accompanying payroll reports will be forwarded monthly to such depository and on such forms as the Fund shall designate. Employer contributions and reports shall be delinquent if not received by the 15th day of each month.

Employer and Union adopt and agree to be bound by all the terms and provisions of the Second Amended and Restated Agreement and Declaration of Trust of the Eighth District Electrical Pension Fund, as amended (the "Trust Agreement") and all Rules and Regulations of the Pension Plan and other actions adopted or taken by the Board of Trustees of the Fund pursuant to the powers granted to the Board of Trustees by the Trust Agreement.

Employer designates and appoints as its representatives on the Board of Trustees of the Fund, the Employer Trustees appointed in the manner provided in the Trust Agreement. Union designates and appoints as its representatives on the Board of Trustees of the Fund, the Union Trustees appointed in the manner provided in the Trust Agreement.

The failure of any individual Employer to comply with the applicable provisions of the Trust Agreement shall also constitute a breach of this Agreement.

(b) Annuity: Each Employer shall contribute to the Eighth District Electrical Pension Fund Annuity Plan (the “Fund”) the sum of 4.5% effective September 1, 2018 for all classifications set forth in Schedule A. For the Underground Classifications set forth in Addendum 1 the sum of 1% effective September 1, 2018, of the applicable straight time hourly wage for each employee of the Employer performing work covered by this Agreement. Changes to the contribution rate over the term of this Agreement are set forth in Schedule A. Employer contributions and accompanying payroll reports will be forwarded monthly to such depository and on such forms as the Fund shall designate. Employer contributions and reports shall be delinquent if not received by the 15th day of each month.

Employer and Union adopt and agree to be bound by all the terms and provisions of the Second Amended and Restated Agreement and Declaration of Trust of the Eighth District Electrical Pension Fund, as amended (the "Trust Agreement") and all Rules and Regulations of the Annuity Plan and other actions adopted or taken by the Board of Trustees of the Fund pursuant to the powers granted to the Board of Trustees by the Trust Agreement.

Employer designates and appoints as its representatives on the Board of Trustees of the Fund, the Employer Trustees appointed in the manner provided in the Trust Agreement. Union designates and appoints as its representatives on the Board of Trustees of the Fund, the Union Trustees appointed in the manner provided in the Trust Agreement.

The failure of any individual Employer to comply with the applicable provisions of the Trust Agreement shall also constitute a breach of this Agreement.

(c) 401(k): Employees performing work covered by this Agreement who are participants in the Eighth District Electrical Pension Fund Annuity Plan (“Fund”) may elect to participate in Fund’s 401(k) Salary Reduction Program (the “Program”) by signing and delivering to the Employers and Fund administrator an Elective Deferral Authorization (“Authorization”) form approved by the Fund. Employer shall reduce and withhold from the employee’s salary the amount per hour and during the payroll periods specified by the employee in the Authorization. The Authorization and any written modified Authorization shall be delivered to the Employer and Fund Administrator at least 15 days prior to the beginning of the specified payroll period. Employer shall remit and pay to the Fund or its designated depository the total of all reduced salary withheld pursuant to such Authorization on or before the 15th day of the calendar month after the calendar month in which such reduced salary was withheld. Employer’s payments shall be accompanied by such reporting forms as the Fund shall designate. Employer’s payments and reports shall be delinquent if not received by the Fund by the 15th day of each calendar month.

Effective September 1, 2018, employees can self-contribute to this 401(k) program in increments of $0.05 and maximum of $8.00. Contributions can be modified in the first pay period of January and July and upon referral.

SUBSTANCE ABUSE:

Section 2.18.

The dangers and costs that alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component.

The local parties recognize that the implementation of a drug and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations. Such policies and programs must also be administered in accordance with accepted scientific principles and must incorporate procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA. Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the requirements of those laws and regulations.

VOLUNTARY CONTRIBUTIONS TO COPE AND BROTHERHOOD FUNDS

Section 2.19.

Employers agree to deduct from the Employees check and forward to the specified Local Union Fund for Cope ($0.01 per hour) and/or Brotherhood Fund ($0.05 per hour) from each payroll check to be designated by the Employee. The parties hereto agree that these Funds are managed solely by the Local Union(s) and will not be used to the detriment of the Chapter or NECA. In addition, the Employer does not contribute any amounts to these Funds or Administration of the Funds in any way. These Funds will be forwarded electronically through the Chapter’s one-check system on a monthly basis to an account designated and administered solely by the Local Union(s). In addition, all administration for requesting any deduction will be managed by the Local Union(s) and will be completed at the time of referral. Enforcement for delinquent payments to these funds shall be the sole responsibility of the Local Union(s).

ARTICLE III

HOURS/ WAGES/WORKING CONDITIONS

HOURS: (WORKDAY/WORKWEEK)

Section 3.01.

(a) Eight (8) hours worked between the hours of six (6:00 am) and six (6:00 pm) with not less than a consecutive thirty (30) minutes for lunch period shall constitute a workday. Such lunch period shall be taken between the hours of twelve (12:00) noon and one (1:00) p.m. Forty (40) hours within five (5) such work days, Monday through Friday inclusive, shall constitute a workweek.

(b) By mutual consent of the Business Manager of the Local Union and the Employer, the starting time, quitting time, and the workweek may be varied. Any such agreement shall be reduced to writing in a memorandum or understanding and signed by the Business Manager and the Employer before any variation shall be effective. Such variation may be canceled by mutual consent of the parties. One day's notice shall be given when any change is desired.

(c) Modified workweek by mutual consent between the Union and the Employer, a 4-10's workweek may be allowed with the following requirements:

(1) The workweek shall consist of four (4) consecutive ten (10) hour days, within Monday through Thursday or Tuesday through Friday.

(2) Overtime will be in accordance with Section 3.02 below.

(3) Fridays may be used as a make-up day by mutual consent of the Employer and the Union. Such make-up day will be paid at the straight time rate of pay.

(4) Any other variation in the workweek will be established in a pre-bid conference.

(5) If a holiday falls during the normal workweek, the schedule may be modified to accommodate the holiday.

OVERTIME/HOLIDAYS:

Section 3.02.

(a) All work performed outside of the regularly scheduled workdays and on Saturdays, shall be paid for at the rate of time and one-half (1 1/2) the regular rate. All work performed on Sundays and the following holidays shall be paid for at double (2 times) the regular rate: Labor Day, New Year's Day, Memorial Day, Fourth of July, Thanksgiving Day and Christmas Day. If Christmas Day, New Year's Day and Fourth of July fall on Saturday, then Friday shall be observed as the holiday. If Christmas Day, New Year's Day and Fourth of July fall on Sunday, then Monday shall be observed as the holiday.

(b) No work shall be performed on Labor Day, except in cases of emergency. When holidays are observed by a customer and affect a crew(s), then such conditions shall be announced to the crew(s) affected as early as possible.

Section 3.03.

An employee must present to his Employer a bona fide jury duty slip in order to be excused for jury duty. That employee shall receive all compensation afforded by state law.

Section 3.04.

(a) Should an employee be required to work longer than two (2) hours after any scheduled period of work, (unscheduled overtime), he shall be entitled to an Employer furnished meal and an additional meal every four (4) hours thereafter. In the event the Employer does not furnish a meal, the employee will be entitled to a meal allowance of twenty dollars ($20.00) for each missed meal.

Time spent eating such meals shall be counted as time worked.

(b) Any job which is set up on a scheduled overtime basis and the employees have been notified at least by quitting time on the previous day that such is to be the case then the employee shall furnish his own meals except on storm breaks, (as noted below), and shall be allowed one-half (1/2) hour to eat such meals.

(c) An employee who has worked overtime shall be permitted eight (8) hours rest before continuing on a regular shift. An employee who has worked six (6) hours or more overtime prior to any regular work day shall draw the appropriate overtime rate of pay until relieved for at least eight

(8) hours before the start of the next regular work day.

(d) Employees shall be paid two (2) times the straight time hourly rate of pay for all hours worked in excess of sixteen (16) hours in any twenty-four (24) hour period. Such employees will remain on two (2) times the straight time rate of pay until released from duty for eight (8) consecutive hours.

(e) On storm work, as in an emergency declared by the Governor and/or approved by the Customer, employees shall be compensated at the rate of one and one half (1 ½) times the regular rate of pay.

Employees shall be required to take a six (6) hour rest break in every twenty-four (24) hour period.

The employee shall be entitled to a thirty (30) minute paid meal period every four (4) hours and an Employer and/or a customer furnished meal for the employees. Should the meal not be furnished, the employee will be entitled to a meal allowance of twenty dollars ($20.00) for each meal missed.

(f) For National storm emergencies the employer shall have full portability of manpower subject to completion of the Storm Work Reporting Form, and notifying the appropriate Local Union(s).

PAYDAY:

Section 3.05.

(a) The rates of wages to be paid to workmen covered by this Agreement are set forth in Schedule "A". All employees working for any Employer under the terms of this Agreement shall be paid on a regular weekly payday not later than quitting time on Friday.

(b) The Employer shall not hold back more than one week's pay.

(c) Any workman required to wait for his pay shall receive pay at the straight time rate until paid, not to exceed eight (8) hours pay in any one twenty-four (24) hour period or forty (40) hours pay in any one seven (7) day period.

(d) If a workman claiming waiting time is not available where checks are normally delivered, the Employer may send his check to the address given the Employer on the W-4 Form by U.S.

Certified Mail and the postmark on such Certified Mail shall be considered as the time when the employee is paid. Claims for waiting time not registered with the Business Manager of the Union and the Employer within the time limits of Grievance Procedures in Article XII, Section 12.01 shall be forever waived. However, the waiting time pay will not commence until verbal or written notification of such discrepancy has been communicated to the Business Manager or his representative and the Employer or its representative.

(e) Any Employer who pays with a check, which is not immediately cashable, shall be required to pay by cash on all future paydays.

(f) Any Employer desiring to pay by check shall have a Company check with the name of the Company printed thereon. The Employer shall attach to the pay check or the pay envelope a check stub or list showing all itemized deductions, amount paid for at the straight time rate, amount paid for at the overtime rate, gross amount and net amount.

(g) In cases of hardship, new employees upon request shall be permitted to draw up to seventy-five (75%) of actual gross wages accrued once during the period from the first day of employment until the first regular weekly payday only. After this date the regular provisions of this section shall apply.

(h) When employees are laid off or discharged they shall receive their wages in full at the time of being laid off or discharged.

(i) If available by the Employer, effective September 1, 2012, employees may opt for a direct deposit of his/her pay check and shall be subject to the regulations of the Employers direct deposit procedures not inconsistent with the conditions set forth above. Employees may elect the direct deposit method of payment upon referral or on a semiannual basis during the months of January or July.

Under the direct deposit system the Employer will comply with the pay provisions set forth above in Section 3.05. However, should a delay occur in the check being direct deposited into the employee’s account due to a Financial Institution error or a bank holiday the Employer will not be held responsible for any of the penalties set forth above.

If a bank error occurs, the Employer agrees to diligently remedy the situation by following up on the error with the bank(s) and shall endeavor to see the employee is paid in a timely manner.

SHOW-UP PAY:

Section 3.06.

(a) Any employee reporting for work on a scheduled work day, and does not start work for any reason beyond his control, and not having been notified prior to quitting time the last day worked, shall be paid for two (2) hours at the applicable rate of pay. Workmen may be required to perform duties, including safety meetings, at headquarters during these two hours. All employees shall furnish the Employer with a telephone number at which he may be reached. However, if employees report for work and decide by employee vote to either a) not start work, or b) suspend work after having started work, due to inclement weather, they shall be paid for time worked only.

(b) If work is suspended by the Employer after work has started, the employee shall be paid for time worked, at a minimum of two (2) hours. However, if the employee is terminated for just cause or the employee quits, the employee shall be paid for time worked only.

Section 3.07.

For purposes of this Article, "terminated" shall mean stopped from working, temporarily or otherwise, by the Employer or his Representative. Any employee who quits or is terminated for just cause shall receive only time worked back to his reporting headquarters.

Section 3.08.

Workmen called for work outside their regular working hours shall receive the overtime rate of pay and in no case shall a workman receive less than two (2) hours pay at the overtime rate.

Section 3.09.

Workmen desiring to take time off must notify the Employer the previous day except in case of emergency or sudden illness, in which case the notification must take place prior to starting time on the day to be missed.

Section 3.10.

Workmen covered by this Agreement are not to receive less than the regular hourly rate of pay for their job classification when called upon to perform work of lesser skill, unless cleared through the office of the Business Manager in whose jurisdiction the work is performed.

Section 3.11.

(a) The Employer shall establish headquarters for each job where men report for work. Such headquarters shall be on a concrete, blacktop or other hard surfaced road, or on an improved road that has a prepared sub-base. Each headquarters shall provide adequate parking and toilet facilities.

Employees working out of headquarters shall be transported to the job and returned to headquarters on the Employer's time. Contractor will provide forty-eight (48) hour notice prior to moving headquarters.

(b) Headquarters All employees are to be dispatched to a centrally located, semi-permanent site recognized as the Employers headquarters. Jobsite reporting of at least four (4) days will be allowed so long as those sites meet the same criteria as headquarters. Any dispute over the selection of show up sites may be settled by one representative from each the Union and the Employer. If no agreement is reached, the grievance procedure will be used.

(c) The following subsistence allowance shall become effective September 1, 2006. A free zone will be established around five major Colorado cities as follows:

Denver (I-25 & I-70 intersection) 40 miles Colorado Springs (I-25 & Uintah exit) 40 miles Pueblo (I-25 & Hwy 50 intersection) 40 miles Grand Junction (I-70 & Hwy 50 intersection) 40 miles Fort Collins (Hwy 287 & Hwy 14 intersection) 40 miles

Any show-up site established outside of these zones will require $50.00 per day subsistence.

Section 3.12

(a) Statewide Portability will be allowed under the following circumstance: Notice will be provided first to the Local Union in which the Employer desires to transfer Bargaining Unit Employees and copied to the Local Union where bargaining unit employees are to be transferred from.

Local Unions experiencing 25% or higher unemployment must approve transfer of bargaining unit employees into that jurisdiction with the Local Union.

The Employer will identify all employees to be transferred into that Local Union’s jurisdiction.

That list of employees can be transferred back to the original Local Union in which the bargaining unit employees were transferred from. Failure to follow the prescribed procedure will be deemed a material breach of this Agreement.

(b) Portability between the Colorado Statewide Line Construction Agreement and the Eighth District REA Agreement would be allowed for Bargaining Unit Employees that have been employed by a contractor signatory to the Colorado Statewide Line Construction Agreement for at least 120 hours, for every one (1) Bargaining Unit Employee(s) to be transferred to the Eighth District REA Agreement one (1) Bargaining Unit Employee of the same classification will be obtained through the Local Union Hiring Hall responsible for the administration of the jurisdiction in which the work is to be performed. Likewise portability between the Eighth District REA Agreement and the Colorado Statewide Line Construction Agreement would be allowed for Bargaining Unit Employee(s) that have been employed by a contractor signatory to the Eighth District REA Agreement within the State of Colorado for at least 120 hours, for every one (1) Bargaining Unit Employee to be transferred to the Colorado Statewide Line Construction Agreement one (1) Bargaining Unit Employee of the same classification will be obtained through the Local Union Hiring Hall responsible for the administration of the jurisdiction in which the work is to be performed. The Local Union that Bargaining Unit Employee(s) were under referral will be notified with Termination notices provided by the Local Union or Contractors representative. Either Local Union(s) experiencing 25% or higher unemployment defined per working classification at each IBEW Local Union, must approve transfer of bargaining unit employees into that jurisdiction with the Local Union. The Employer will identify all employees to be transferred into that Local Union’s jurisdiction as well as notify the Local Union in which Bargaining Unit Employee(s) are leaving. Failure to follow the prescribed procedure will be deemed a material breach of this Agreement.

Section 3.13.

On all accidents the employee injured shall file the proper State Compensation Form with the Employer and Union within four (4) days of the date of the accident. Where the injured employee is incapable of filing the reports within a four (4) days period following the accident, the responsibility shall revert to the Employer.

Section 3.14.

(a) All work performed under this Agreement shall be done in accordance with applicable Federal, State, Local and/or Employer safety rules and regulations. The "Colorado Statewide Underground Overhead Line Accident Prevention Manual" and amendments shall be a binding part of this Agreement.

(b) It is the Employer's exclusive responsibility to insure the safety of its employees and their compliance with these safety rules and standards.

(c) All OSHA recordable accidents will be reported to the appropriate Local Union and Mountain States JATC within 48 hours of the OSHA recordable accident.

Section 3.15.

(a) There shall be a daily safety meeting on all jobs using helicopters, not to exceed fifteen (15) minutes, on Company time. All workmen working under or riding in helicopters shall be required to attend these meetings. Journeyman Lineman or another qualified workman under the direct supervision of a Journeyman Lineman will hook and catch loads under the helicopters.

(b) The Employer shall make every effort to have the helicopter pilot(s) attend these meetings.

(c) Workmen not attending the daily helicopter safety meetings or violating the recognized safety rules, shall be subject to immediate discharge by the Employer or removal from the job by the Union. Such workmen shall also be subject to discipline as specified in Article II, Section 2.10 of this Agreement.

(d) The Employer shall designate one person of their own choosing, management personnel included, who shall be the helicopter safety inspector for the job. It shall be his responsibility to be knowledgeable in all matters relating to helicopter safety and to apply this knowledge in the daily safety meetings.

(e) The Employer shall notify in writing the applicable Local Union as to the name and qualifications of the designated helicopter safety inspector.

(f) Any violation, misuse, or disagreement over the application of this Section shall be immediately referred to the Joint Conference Committee who shall have the authority to take any action necessary to correct the situation, including the assessment of "Hazard Pay," which shall be defined to mean that every affected workman on the project shall be paid double-time wage rate until the violation or abuse is corrected.

SHIFT WORK:

Section 3.16.

When so elected by the contractor, multiple shifts of at least five (5) days’ duration may be worked.

When two (2) or three (3) shifts are worked:

The first shift (day shift) shall be worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen on the “day shift” shall receive eight (8) hours’ pay at the regular hourly rate for eight (8) hours’ work.

The second shift (swing shift) shall be worked between the hours of 4:30 P.M. and 12:30 A.M.

Workmen on the “swing shift” shall receive eight (8) hours’ pay at the regular hourly rate plus 10% for seven and one-half (7 1/2) hours’ work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 A.M. and 8:00 P.M.

Workmen on the “graveyard shift” shall receive eight (8) hours’ pay at the regular hourly rate plus 15% for seven (7) hours’ work.

A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half times the “shift” hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

Section 3.17.

Employees placed on temporary layoff will be terminated within thirty (30) days, unless those employees have been medically certified as unable to work or have been granted a leave of absence by the Employer and the Union. The Employer will notify the Union of all layoffs on termination forms supplied by the Local Union or by the Employer.

Section 3.18.

(a) Whenever a workman is responsible for directing work of another Journeymen Lineman, or the number of workmen in a crew totals three (3) or more, then he shall be classified as Foreman and is to receive such rate. Only men classified as Journeyman Lineman or Journeyman Technician, will be permitted to perform the duties of a Foreman. The Local Union shall be notified in writing within two (2) working days of the names of all Foremen and General Foremen.