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Dynegy Contract

Agreement

Between the

Utility Workers Union of America, AFL-CIO, Local 600 and

Dynegy Miami Fort, LLC and Dynegy Zimmer, LLC

THIS Collective Bargaining Agreement (“Agreement”) is entered into bewveen the Utility Workers Union of America, AFL-CIO, Local 600, hereinafter referred to as the “Union,” and Dynegy Miami Fort, LLC and Dynegy Zimmer, LLC hereinafter referred to as the “Company,” and collectively, the “Parties”, through and by their duly authorized representatives.

WITNESSETH: Whereas, the parties to the Agreement as are mentioned above are desirous of maintaining collective bargaining bewveen the Employer and its Employees, as are represented by the Union as bargaining agent, and are desirous of stabilizing employment, eliminating strikes, lockouts, curtailment of employment, and the peaceful settlement of all employer and employee disputes, and of making an honest effort to improve the conditions of both the employer and the employees.

WHEREAS, it is deemed desirable and necessary that definite operations and practices between the Company and the employees of the Company represented by the Union be formally set forth and described, with a desire that uniformity of working conditions exist between the aforementioned Companies and such employees.

WHEREAS, the Company and the Union recognize that in order for the parties to meet the challenge of competition, the need for long term prosperity and growth, and establish employment security, each must be committed to a cooperative labor management relationship that extends from the bargaining unit members to the executive employees. The Company and the Union agree that employees at all levels of the Company must be involved in the decision making process and provide their input, commitment, and cooperation to improving productivity and helping the Company become the lowest cost producer and highest quality provider of energy service.

NOW, THEREFORE, the Company and the Union do hereby agree to the following terms and conditions, to-wit:

TABLE OF CONTENTS

Article Title

Section page                                                              

Recognition Clause 2 Joint Meetings  5

                                                                    Contract Terms                                             6

                                                                    Working Conditions                                      6

General        7 1     Seniority    7

  • Job Postings         8
  • Rollbacks/Layoffs 8
  • Transfers     10
  • Probationary Employees   10
  • Temporary Employees       10

                                                                    Safety                                                               11

                                                                    Grievance Process                                        11

                                                                    Wages                                                              13

Paid Time Off (PTO)     16 x   Holidays     17

                                                     Work Schedules                                   18

                                                                    Contractor Language                                    22

                                                                    Union Bulletin Boards                                  23

Bereavement         23 xv Jury Duty 24

                                                                    Union Duties & Business                             24

Military Leaves            25 Other Policies    26

         XIX                                                       Absence Due to Sickness or Accident 26

                                                                   Health & Welfare                                           27

                                                                   401(k)                                                               28

                                                                   (Intentionally Omitted)                               28

                                                                   Retiree Medical                                             28

     APPENDIX 1 :     Sabbatical Vacation Bank & Vacation

                                  Credit Programs                                                     30

        APPENDIX 2:           Job Descriptions & Qualifications: Definitions             31

       APPENDIX 3 :           Job Description: Clerk                                                        33

      APPENDIX 4:       Job Description: Assistant Clerk                             34

       APPENDIX 5 :           Job Description: Design Technician                                36

ARTICLE l:

Recognition Clause

Section 1. (a) The Company hereby recognizes the Union during the term of this Agreement as the sole and exclusive representative of all regular full-time and part-time employees of the occupational classifications in the units defined as “The Office, Clerical and Technical Unit” and “The Residual Unit,” as described in the Order issued by the National Labor Relations Board dated August 12, 1944 and amended by the National Labor Relations Board Order dated February 24, 1967:

October 1945, after a careful and comprehensive study of the various kinds of work necessary to conduct the business of the Company in a safe, efficient and otherwise satisfactory manner, and the requirements of each job involved, the Company by agreement with the Unions representing the employees and with the approval of the National War Labor Board (Region V), placed into effect a schedule ofjob titles and descriptions for all manual, clerical and technical employees. Wage rate schedules were established and made effective in accordance with the Union agreements and the approval of the War Labor Board.The job descriptions and wage rate schedules were designed to provide a fair and equitable means by which all the jobs, within the scope of the plan, being filled by manual, clerical and technical employees could be designated with uniformity and understanding throughout the Company system. The Company and the duly certified exclusive bargaining representatives of the bargaining units agreed to the basis usedfor defining jobs. It became the duty and responsibility of the supervisory force as the representatives of management to see that t was applied and maintained h a fair and consStent manner. It was also essential that employees clearly understood the duties and requiements of the jobs to which they were assigned. While the job descriptions were not mended to be all-inclusive, they were intended to cover such typical tasks necessatytoprovideafairbasis-forevaluation.

Although this pen S set forth as clearly and explicitly as possibb, questions may arise as to the intent or hterpretation of some provisbns. In such event, the matter should be discussed with a representative in the Labor Relations department. “

The parties recognizing that technological and other changes since the dates of those NLRB orders have resulted in changes to job titles and duties. The units so defined shall retain jurisdiction over such work as was normally performed by them prior to this Agreement but such jurisdiction shall not be expanded except by mutual agreement of the parties hereto or through due processes under the National Labor Relations Act.

  • The Company recognizes the Union as the sole bargaining agent of the units contained in the preceding paragraph for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment, or other conditions of employment, and the Company agrees to attempt to adjust any and all disputes, and any other matters, arising out of or pursuant to this Agreement, with the Union.
  • This Agreement shall be final and binding upon the successors, assignees or transferees of the Union and the corporate entity of the Company.

Section 2. (a) The Company agrees not to interfere, restrain, coerce, or discriminate against any of the members of the Union, because of their membership in the Union, or because of their activity as a member or officer of the Union. Should reasonable proof of any such interference, restraining, coercion or discrimination by any person in a supervisory capacity against a member of the Union be shown to the Company by the Union, the Company agrees to take immediate corrective action in connection with such complaint. It is further agreed that no member shall be discharged because of their service, or lawful activity as a member of the Union, nor will the Company at any time attempt to discourage membership in the Union.

  • There shall be no discrimination, interference, restraint or coercion by the Company or the Union or their agents against any employee because of race, color, religion, sex, disability, national origin or ancestry or for any other reason. References to the masculine gender are intended to be construed to also include the feminine gender wherever they appear throughout the Agreement.
  • The Union recognizes that the management of the Company, the direction of the working forces, the determination of the number of people it will employ or retain in each classification, and the right to hire, suspend, discharge, discipline, promote, demote or transfer, and to release employees because of lack of work or for other proper and legitimate reasons are vested in and reserved to the Company.
  • The above rights of Management are not all-inclusive, but indicate the type of matters or rights which belong to and are inherent to Management. Any of the rights, powers, and authority the Company had prior to entering this Agreement are retained by the Company, except as expressly and specifically abridged, delegated, granted or modified by this Agreement.
  • In many disciplinary situations, the Company adheres to a policy of progressive and constructive discipline. In the event of manipulation or falsification of Company record in a dishonest manner, as agreed upon, will result in immediate termination of employment. The Company will act in good faith upon a full, fair, and impartial investigation in light of circumstances to ensure termination is not undertaken in an arbitrary, capricious, or disparate manner.
  • The foregoing three paragraphs do not alter the employee’s right of adjusting grievances as provided for in Article Vll, of this Agreement.

Section 3. Respecting the subject of “Union Security,” the parties mutually agree as follows:

  • All regular employees represented by the Union shall be required as a condition of their continued employment to maintain their membership in the Union in good standing, on and after the thirty- first (31 st) day following the employee’s date of hire.

The Union shall notify the Company’s Human Resources Department of any members who are not in good standing as determined by the Union. For purposes of this provision, “membership in good standing” shall mean being a full member or a core fee payer of the Union.

  • The Union agrees that neither it nor any of its officers or members will intimidate or coerce any of the employees of the Company to join or become members of the Union, nor will said Union or any of its officers or members unfairly deprive any employee within the bargaining unit represented by the Union of union membership or of any opportunity to obtain union membership if said employee so desires. In this connection the Company agrees that it will not discriminate against any employee on account of activities or decisions in connection with the Union, except as the same may become necessary on the part of the Company to carry out its obligations to the Union under this Agreement.
  • If a dispute arises as to the actual union status of any employee, at any time, as to whether or not the employee has been unfairly deprived of or denied union membership, the dispute shall be subject to arbitration, in accordance with the arbitration provisions of Article Vll of this Agreement.
  • The Company shall provide the Union time to discuss with new employee(s) the Union and the existence of the Collective Bargaining Agreement. The Company will provide new employees with electronic and/or paper access to the Agreement, along with the Union’s “Membership Application” and the “Payroll Deduction Authorization” cards for Union dues or core fees, so that enrollment will be effective 31 days after being hired.
  • Except for those employees mentioned in subsection (d) of this section and subject to all state and federal laws, all employees who are not members of the Union shall be required, as a condition of their continued employment, to pay to the Union the applicable core fees representing the percentage of the Union’s expenses that are for representational and other legally chargeable activities.
  • The Union agrees that any present or future employee who is now or may become a member of the Union may withdraw from membership in the Union at any time by giving notice in writing to the Company’s Human Resources Department and to the Union. However, the Union will not impose restrictions, which are prohibited by law, on employees who wish to withdraw from Union membership. After such withdrawal, an employee shall not be required to rejoin the Union as a condition of continued employment. Any such employee will remain obligated to pay the applicable core fees.
  • The Company agrees to dismiss any employee represented by the Union, at the written request of the Union, for nonpayment of union dues or core fees or to discipline employees represented by the Union in the manner herein provided for violation of this Agreement, if requested to do so, in writing, by the Union. Nothing in this clause, however, shall be construed so as to require the Company to dismiss or discipline any employee in violation of any state or federal law.
  • The Company agrees, after receiving proper individual authorizations by means of written individual assignments in a form mutually agreeable to both parties, to deduct Union dues or core fees and initiation fees from employees’ pay. This deduction shall be made a mutually agreed upon number of times each year and shall be forwarded to the Treasurer of the Union.
  • The Union agrees that in the event of any strike, work stoppage, slowdown, picketing or any other interference to the work or the operations of the Company by any individual employee or group of employees in the bargaining unit represented by the Union this section of the Agreement is then and there and by reason thereof automatically canceled and of no further force and effect; provided, however, that the Company shall upon the presentation of proof satisfactory to the Company, within ten days thereafter, that the Union did not directly or indirectly authorize, permit, endorse, aid or abet said strike, work stoppage, slowdown, picketing or interference referred to, reinstate this section of the Agreement, which section, if reinstated will, from and after the date of reinstatement, be of the same validity, force and effect as if it had not been canceled. In this connection, it is the expressed intention of the parties that for the purpose of making this cancellation provision effective without affecting the other sections of the Agreement, this Agreement is to be considered a severable agreement. Should the automatic cancellation of this section occur, it is the intention and agreement of the parties that all other sections and provisions of the Agreement remain in full force and effect as therein provided. The Company agrees that it will not deliberately arrange or incite such interference to the work or operations of the Company as are referred to in this section.

Section 4. The Company agrees that it will not attempt to hold the Union financially responsible or institute legal proceedings against the Union because of a strike, slowdown or work stoppage not authorized, abetted or condoned by the Union. The Union agrees that, in the event of an unauthorized work stoppage, it will in good faith and without delay exert itself to bring the work stoppage to a quick termination and insist that the employee(s) involved cease their unauthorized activities. To that end, the Union will promptly take whatever affirmative action is necessary. Furthermore, the Union agrees that any employee or employees who agitate, encourage, abet, lead or engage in such a strike, work stoppage, slowdown or other interference with the operations of the Company shall be subject to such disciplinary action as the Company may deem suitable, including discharge, without recourse to any other provision or provisions of the Agreement now in effect.

ARTICLE Il:

Joint Meetings

Section 1. The Company agrees to designate and authorize a representative or representatives to meet with The General Board of the Union upon request.

Section 2. The Company agrees to meet and confer with any special committee of the Union, duly appointed by the President to administer any activity relating to the welfare of the members of the Union.

ARTICLE Ill:

Contract Terms

Section 1. (a) This Agreement and the provisions thereof, shall become effective April 1, 2019, and shall continue in full force and effect until midnight March 31, 2022 and from year-to-year thereafter unless changed by the parties.

  • Either of the parties hereto desiring to change any section or sections of this Agreement and/or to terminate this Agreement shall notify the other party in writing of the desired changes at least 60 days prior to March 31, 2022 or any subsequent anniversary date. During this 60-day period, conferences shall be held by and between the parties hereto, with a view to arriving at a further Agreement, and in all events this Agreement shall remain in full force and effect during the period of negotiations.
  • In the event agreement is reached on or before March 31, the 2019- 2022 Agreement will be extended for a mutually agreed number of calendar days. The Union shall have one-half of the mutually agreed number of calendar days immediately following the date an agreement is reached in which to submit the Agreement to its membership for ratification and in case of failure to ratify, in order that the Company shall have the remaining one-half of the mutually agreed number of calendar days as notice before a strike or work stoppage commences. Providing the mutually satisfactory Agreement is ratified by the membership within the first one-half of the mutually agreed number of days following the date an agreement is reached, such Agreement will be made retroactive to the 1st day of April and any agreed upon wage adjustments will be made retroactive to the 1st day of April.

Section 2. It is agreed that this Agreement may be amended or added to at any time by the written consent of both parties hereto.

ARTICLE IV:

Working Conditions

Section 1. The Company agrees to do nothing to encourage an employee to bargain individually.

Section 2. The Company agrees that if a matter rightfully termed a Union activity is referred by an employee to their representative or delegate, and this is taken up with the supervisor or any one qualified or authorized to act for the Company, such Company representative shall not initiate, negotiate, or discuss this question with the employee without affording the representative or delegate of the division an opportunity to be present.

Section 3. Departmental supervisory personnel will notify the departmental union delegate when a significant change or condition affecting that department or a work group within that department is contemplated by the management of the particular department. Upon written request by the departmental Union delegate or the President of the Union, a meeting shall be arranged between the Company and the Union to discuss such changes. When major organizational changes affecting personnel in various departments are contemplated, the Company agrees to notify the Union President, in writing, at least 14 calendar days in advance of the change and, upon written request by the President of the Union, a meeting shall be arranged between the Company and the Union to discuss such changes.

Section 4. Copies of bulletins issued by the Company concerning working conditions for any division or department represented by the Union shall be forwarded to the General Board of the Union.

ARTICLE V:

General

Section 1: Seniority

The principle of seniority is recognized by the Company. There shall be two types of seniority defined as follows:

  1. System service shall be based upon the length of time an employee has been continuously employed by the Company, and shall be the governing factor in establishing vacation dates.
  2. Classified seniority shall be the length of time worked by an employee in a specific classified job.

It shall be considered a break in system service and seniority when an employee has been off the Company payroll, except when an employee has:

Been laid off because of lack of work and has not, at any time during the period of layoff or during a period not to exceed three years from the date of layoff, refused to return to work for the Company in a capacity formerly held or comparable to the capacity formerly held, by the employee. However, actual time away will be deducted from the employee’s system service.

  • Been granted a leave of absence for good cause by consent of the Company, without loss of system service and seniority rights, providing the employees are available whenever necessary for the Company’s medical examinations during the leave of absence. Requests for leave of absence and consent hereto shall be in writing.
  • Entered the military service of the United States or has been conscripted by the United States Government. No deductions for time away shall be made from the employee’s system service and seniority record.
  • Resigned voluntarily and subsequently been re-hired. Actual time away will be deducted from the employee’s system service and seniority record, and, while previous system service shall be maintained, no classified seniority shall be retained.

Existing system service and seniority records shall not be rearranged to meet the above requirements in exceptions (1), (2) and (3), but they shall be met in all cases beginning March 21, 1983.

Section 2: Job Postings

  • Job available postings for job classifications covered by this Agreement shall be provided by the Company and posted for a period of seven calendar days on the appropriate bulletin boards or Vistra website. Consideration for a job opening will first be given to existing qualified full time employees.
  • It is agreed that classified seniority will be considered within a department, district or departmental section concerning available advancements, although other qualifications for the particular position will of necessity be considered. All other factors being sufficient, the employee oldest in the point of classified seniority shall be given a reasonable opportunity to qualify for the position.
  • Should the classified seniority of any two or more employees be equal, the respective seniority position of such employees shall be determined by the Union randomly drawing the names of the affected employees. The Company will be notified of the results, in writing.
  • The job posting procedure outlined above does not restrict the Company’s right to cancel a job posting at any time.
  • The Company and the Union agree that the job posting procedure will be waived for the employment of Co-ops, as probationary employees in job classifications represented by the bargaining unit, providing that the next opening in the same job classification and bidding area is posted and made available to employees within the bargaining unit. If such opening is not filled by a bargaining unit employee, openings in the same job classification and bidding areas will continue to be posted and made available to employees within the bargaining unit until such time that a bargaining unit employee fills one of the openings.

Section 3: Layoffs/RoIlbacks

  • In the event of any layoffs or curtailments of employment, the Company may attempt to place the employee in a temporary assignment. Prior to making an assignment, the Company will discuss such assignment with the Union. Rollbacks and layoffs shall be made in accordance with system seniority rights. When the Company reduces the number of employees in a job classification, the Company will use the following process to determine rollbacks and layoffs. Employees with the least amount of System Service seniority within the job classification that is targeted for a reduction will relegate back and be assigned to vacant positions and/or replace full-time employees in the bidding area with the least amount of System Service seniority. Displaced employees must be qualified for the job classification to which they are assigned and the job classification must be within the same bidding area and below their former job classification. Displaced employees will be reclassified into the next lower job classification within their bidding area for which they are qualified, if there are employees in that job classification and they have less system seniority than the displaced employees. Displaced employees will have their wage rates red-circled for a period of 24 months. At the end of 24 months, their wage rates will be reduced to the maximum wage rate of the job classification to which they were reclassified. Displaced employees who are assigned to perform work in lower level job classifications, if qualified, will be reassigned to higher job classifications as they become available within the bidding area, until the displaced employees return to assignments within their former job classification; obtain a job within the bidding area at the same or higher wage level as their former job classification; or, obtain a job in another bidding area. Displaced employees will not be assigned to or be required to perform the duties of job classifications at levels higher than their former job classification.

Any employees unable to be assigned to vacant positions and/or replace full-time employees in the bidding area will be subject to layoff in accordance with Article V Section 3(b) or, at the Company’s sole discretion, may be offered a severance in accordance with the Vistra Energy Broad-Based Severance Plan. The exercise of the Company’s sole discretion in this regard is not subject to the Grievance and Arbitration procedure as provided in Article Vll.

For purposes of seniority should a surplus be declared at one of the generating facilities and affected employees cannot be absorbed into the workforce, all of the divisions will be considered one department for the purposes of administering roll-backs (or severance).

An employee will not have the right to recede to a position within their bidding area that they did not pass through before reaching their present position. For purposes of this section, if an employee is unable to exercise system seniority rights in lower job classifications within their department because they did not pass through those job classifications before reaching their present position, they will be credited with system seniority in all job classifications lower than their initial job within the bidding area which are in the same direct promotional sequence. Under no circumstances may an employee exercise seniority rights outside their own bidding area or in the selection of a specific job within a classification.

  • In a department where there have been layoffs and a subsequent increase in employment exists within three years, the Company agrees to recall those employees in the department who have suffered a layoff because of lack of employment, in the reverse order of the dates of their layoffs. It is further agreed that the Company will notify the employee or employees, in writing by registered or certified mail, to report back to work. The Company agrees to send a copy of these letters to the Union at the time of the mailing of the original. If they do not report back to work within a 15-day period, the Company shall have the right to recall the next employee in line.

However, in the event an employee is severed pursuant to the Vistra Energy Broad-Based Severance Plan, such employee, will, by signing the severance release, waive all employment and/or recall rights as provided in this Agreement.

  • It shall be the duty of all employees, including those on layoff status, to have their proper post office address and telephone number on file with their individual departments and the Human Resources Department of the Company.
  • The Union may designate a witness to tests given in a departmental section, and shall have the right to review the results of these departmental tests upon request. This does not apply to standard tests given by the Human Resources Department or by outside consultants.
  • The Company will make an effort to find another job classification for which an employee is qualified if their job is abolished. An employee who, because of this job abolishment, is assigned to a classification having a lower rate of pay, will maintain their existing level of pay until the maximum wage rate of the job classification to which they are assigned is equal to their existing wage rate. This provision does not affect the right of an employee to bid on a future posted job opening for which they may be qualified.

Section 4: Transfers

  • Temporary transfers from one department, district, or departmental section to another will not affect an employee’s system service or seniority rank and their record will remain posted in the department, district, or departmental section from which they were transferred.
  • Permanent transfers from one department, district, or departmental section to another will not affect an employee’s system service or classified seniority, which will be used to determine their system service and seniority rank in their new department, district, or departmental section.
  • When an employee has successfully bid on a posted job and their move to the posted job is delayed, consideration shall be given to the proper adjustment of the employee’s seniority rank so that the employee will not be penalized with respect to future promotions. The employee will receive a seniority date and the wage rate of the job on which they have been accepted no later than the beginning of the third week after the employee is notified that they have been accepted for the new job.

Section 5: Probationary Employees

All new employees shall be classed as probationary for a period of one year and shall have no system service or seniority rights. After one year’s service as a probationary employee, they shall be reclassified and their system service and seniority record shall include their previous employment as a probationary employee.

Section 6: Temporary Employees

Temporary employees shall be those hired for a specific job of a limited duration, not to exceed six months unless agreed upon by both parties, and shall not acquire system service or classified seniority rights. The Union shall be notified of the hiring of such employees.

ARTICLE VI:

Safety

Section 1. The parties hereto recognizing the importance of safety projects and regulations for the protection of the health, life and limb of all employees, agree to make all reasonable efforts to maintain such rules and regulations conducive to the health and safety of all concerned. The Company will notify the Union leadership of any work related accident resulting in the hospital admission or death of any employee in the bargaining unit.

Section 2. In recognition of the above, all employees will be subject to the Company’s Substance Abuse Policy and testing procedures, which include random drug and alcohol testing. Such testing will be performed in accordance with all applicable laws.

ARTICLE VI‘:

Grievance Process

Any dispute or disagreement arising between an employee and the Company or the Union and the Company may become the subject of a grievance. However, with respect to any claim or dispute involving the application or interpretation of an employee welfare (includes defined benefit and (401(k) plans) plan, the claim or dispute shall not be resolved under the grievance procedure outlined herein, but instead, shall be resolved in accordance with the terms and procedures set forth in the relevant plan document. Additionally, should the content of any communication relating to employee benefits conflict with the terms of the relevant plan document, the terms of the plan document shall govern.

The Union is the sole bargaining representative for its members and therefore no outside representation will be permitted during such meetings. This does not restrict the Union’s ability to have an attorney represent its own interests during the grievance and arbitration procedures.

Recognizing the importance of resolving disputes or disagreements in a peaceful and timely manner, grievances shall be processed in accordance with the following procedure:

1st Step

An employee and/or the Union must file any grievance, involving wages, hours of work, conditions of employment, or of any nature arising out of this Agreement with the employee’s supervisor. The grievance shall first be taken up with the supervisor involved, within 20 days of its occurrence or 20 days from the time the employee or the Union became aware of the occurrence. The initial meeting shall be held between the supervisor(s), the employee involved and the elected union representative or delegate. Grievances in this step shall be answered verbally at the meeting or within 5 days of the conclusion of the meeting. The supervisor will also inform the Union of the appropriate management person to notify in the event that the Union wishes to pursue the grievance to the second step.

2nd Step

If the parties are unable to resolve the grievance following the first step, within 10 workdays of the first step response, the Union may submit a written grievance to the management of the department designated in the first step. Department management will schedule a meeting with a small committee representing the Union within 20 workdays after receipt of the written grievance. A written decision will be sent by email and/or US Mail to the President of the Local Union within 20 workdays of the Step 2 meeting.

3rd Step

If the parties are unable to resolve the grievance following the second step, within 20 workdays of the second step response, the Union may notify the Human Resources Department in writing of its desire to advance the grievance to the third step of the grievance procedure. The Human Resources Department will schedule a meeting with the appropriate management representatives and a small committee representing the Union within 20 workdays after receipt of the written request. The Human Resources Department will render a written decision within 20 workdays of the date of the thirdstep meeting. The written response will be sent by email or US Mail to the President of the Local Union.

In the case of a discharge, the Union may bypass the first step of the grievance procedure and submit a written grievance requesting a second step grievance meeting, within 10 days following the date of discharge.

Mediation

If the parties are unable to resolve the issue following the third step, the parties may agree to contact the Federal Mediation and Conciliation Service (FMCS), and request a mediator to facilitate a resolution. This meeting will be limited to the Mediator and no more than 3 participants each from the Union and the Company. If either party declines Mediation, or if no resolution has been reached, the case may be referred to Arbitration with a request made by the Union within 10 workdays following the Mediation.

Arbitration

  • If the parties are unable to resolve the grievance following the third-step, the Union, within 30 workdays of receipt of the third step response, may notify the Human Resources Department in writing of its desire to advance the grievance to arbitration.
  • Upon receipt of the Union’s notification, the parties will promptly petition the FMCS for a panel of seven arbitrators and an arbitrator will be selected by the parties. In the event that no acceptable arbitrator appears on the panel of arbitrators submitted by FMCS, either party may request an additional panel from FMCS.
  • The arbitrator so selected shall hold a hearing as promptly as possible on a date satisfactory to the parties. If a stenographic record of the hearing is requested by either party, the initial copy of this record shall be made available for the sole use

of the arbitrator. The cost of this initial copy and its own copy shall be borne by the requesting party, unless both parties desire a copy. If both parties desire a copy, they shall equally share the cost of the arbitrator’s copy, and shall each bear the cost of any copies of the record they desire.

  • After completion of the hearing and the submission of the post-hearing briefs, the arbitrator shall render a decision and submit to the parties written findings that will be binding on both parties to the Agreement.
  • The arbitrators’ and other joint expenses mutually agreed upon shall be borne equally by both parties.
  • Any grievance that is not taken to the next step within the time limits specified will be deemed to have been withdrawn. If at any step in the grievance procedure, the Company does not answer within the designated time frame, the Union may notify the Company of its desire to advance the grievance to the next step of the grievance procedure. Any time limits may be extended by written agreement between the parties.
  • The arbitrator shall have no authority to add to, detract from, alter, amend, or modify any provision of this Agreement. It is also mutually agreed that there shall be no work stoppage or lockouts pending the decision of the arbitrator or subsequent thereto.

ARTICLE VI:

Wages

Section 1. (a) When employees are first assigned to a job classification, they receive the rate indicated in the Hourly Wage Rates schedule. The parties hereto agree that the wage rate schedules in effect immediately prior to the execution of this Agreement shall be amended as follows coinciding with the pay periods listed below:

HOURLY WAGE RATES

Clerical (non-Manual) Maximum Wage Rates

    As Of Effective Effective Effective
Wage Level   April1,
2018
April1,
2019
April1,
2020
April1,
2021
Base Increase 3 . 0% 2 .95% 2 . 85%
    17 . 66 18 . 19 18 . 73 19 . 26
    25 . 69 26 . 46 27 .24 28 . 02

Technical Maximum Wage Rates

    As Of Effective Effective Effective
Wage Level   April1,
2018
April1,
2019
April1,
2020
April1,
2021
Base Increase 3. 0% 2 . 95% 2 .85%
    25 . 18 25 . 94 26 . 71 27 . 47
    27 . 52 28 . 35 29 . 19 30 . 02
    30 . 52   32 . 37 33 . 29
    32 . 69 33 . 67 34 . 66 35 . 65
    35 . 12 36 . 17 37 . 24 38 . 30
    36 . 67 37 . 77 38 . 88 39 . 99
    38 . 18 39 . 33 40 . 49 41 . 64
    39 . 62 40 . 81 42 . 01 43 . 21
    40 . 76 41 . 98 43 . 22 44 . 45
  • The shift differentials and Sunday premium paid to employees on scheduled shifts on classified jobs will be as follows:
Name of Shift Definition of Shift Shift Differential Cents Per Hour
April 1, 2019 – March 31, 2022
Day Shift Where the majority of the scheduled hours worked are between 8:00 a.m. and 4:00 .m. $0.00
Afternoon Shift Where the majority of the scheduled hours worked are between 4:00 p.m. and 12:00 Midni ht $1.75
Night Shift Where the majority of the scheduled hours worked are between 12:00 Midnight and 8:00 a.m. $1.80

When the majority of the hours in a shift are on a Sunday, a Sunday premium will be paid to an employee for all scheduled straight time hours worked on that shift.

Sunda Premium $2.00
  • The nature of the work involved under each payroll classification shall be defined, as nearly as possible, by the Company and occupational classifications and job descriptions shall be prepared by the Company and be subject to review by the Union.
  • When the Union believes that a new or revised job description does not adequately describe the principal duties and minimum qualifications necessary to provide a sufficient basis for evaluating that job description, a letter outlining the Union’s suggested changes may be sent to the management of the appropriate department for consideration. However, there will be no recourse to the grievance and arbitration procedure because of the language of a job description or the evaluation of a job classification.
  • Where the Union deems an employee to be improperly classified, it will be considered as a grievance and shall be handled under the grievance procedure described elsewhere in this Agreement.
  • All employee pay shall be directly deposited to the employees’ designated account.

Section 2. Clerical and technical employees can be temporarily advanced to higher classifications. Employees will only be given consideration for temporary advancement when they actually replace another employee in a higher job classification for a full day or more; or supervision deems there is a need for an employee to fulfill the duties of a higher classified job for a full day or more. When employees are temporarily upgraded they will receive the rate of the higher job classification or $4.00 per week more than their current wage rate, whichever is greater. When selecting the individual to be temporarily advanced, management will give consideration to seniority and rotation among qualified employees. Such upgrading will not take place when the work duties of another employee are distributed among several other employees, or when employees perform duties of higher classified jobs for training purposes.

Section 3. (a) Employees in this bargaining unit temporarily assigned to a supervisory position outside the bargaining unit for four hours or more, shall receive $1.50 per hour above the maximum rate of pay of either their job classification, or the highest rated job classification they supervise, whichever is greater.

(b) Employees promoted to a job outside the bargaining unit and who return to the bargaining unit within six months, shall retain all classified seniority accumulated up to the date of their promotion. If employees who were in a job outside the bargaining unit for more than six months, return to the bargaining unit, they will be placed in a starting job classification and receive a classified seniority date behind all employees. No employee may return to a bargaining unit job classification if, as a result, an employee represented by the Union would be laid off.

ARTICLE IX:

Paid Time Off (PTO)

Section 1. (a) In order for an employee to qualify for PTO the employee must have been ready, willing and able to work as a full-time regular or probationary employee during the calendar year the PTO is taken.

  • All requests for a PTO day should be made by employees at least 7 days in advance. Approved request with advance notice will not be considered as an absence for determining an individual attendance record.
  • The anniversary of employment shall determine the employee’s PTO status. Every effort will be made to grant PTO at a time suitable to the employee, but should the PTO of an employee handicap the operations of the Company in any way, the Company reserves the right to require the PTO be taken at another time. Normally, preference shall be granted in the selection of PTO dates on the basis of system service.
  • An employee’s PTO accrual is based on the below chart.

5.24 136 17 5-9 6.77 176 22 10-19 8.31 216 27

                            20-29                                    9.85                                      256                                       32

                                                                          11.39                                                                                  37

(e)Effective January 1, 2020, all employees represented by UWUA Local 600 will participate in the company’s PTO plan and will remain in effect for the remainder of this agreement.

(f) All current UWUA employees will have the ability to carryover up to 48 hours of vacation from 2019 into their 2020 PTO Plan.

Section 2. Preference for the first 80 hours of PTO to which an employee is entitled will be considered within a job classification at each particular work location on a system service basis. Employees entitled to more than 80 hours of PTO may select that additional PTO on a system service basis after all eligible employees within the job classification at each particular work location have had an opportunity to select the dates for at least 80 hours of their PTO. It is emphasized that this procedure will in no way affect the Company’s right to determine the number of employees who may take PTO at any one time.

Section 3. Employees entitled to PTO may carryover up to 48 hours of PTO to the next year. The carryover of PTO must be approved by supervision. The carried over PTO may be taken at any time during the following calendar year with supervisor approval.

Section 4. Where it will not disrupt normal operations PTO can be taken in increments of one-half the employee’s scheduled work day. Requests for these PTO hours should be made at least seven calendar days prior to the date requested and must be approved by supervision. However, because of extenuating circumstances, PTO with less than a seven (7) calendar day notification may be approved by an employee’s supervisor.

Employees may take PTO days in less than half day increments. The individual departments will have the ability to grant PTO requests for less than half day increments at the supervisor’s discretion.

ARTICLE X:

Holidays

Section 1. (a) The following days are observed as regular holidays which will be recognized on the indicated dates. The Company may change the date for recognizing a holiday if the date indicated is changed by a legislative enactment or if the prevailing community practice is not consistent with the indicated date.

HOLIDAY DATE RECOGNIZED
New Year’s Day Presidents’ Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Da January 1 Third Monday in February Last Monday — May July 4 First Monday — September Fourth Thursday — November Friday after Thanksgiving December 24 December 25
  • If the recognized date of a holiday occurs on a Saturday or Sunday, the Company will have the option of either celebrating that holiday on another date which is consistent with community practice or paying eight hours of regular straight time holiday pay in lieu thereof for the holiday.
  • Regular employees whose duties do not require them to work on holidays will be paid straight time. Regular employees who are scheduled to work on a recognized holiday will be paid at time and one-half for the first eight hours worked in addition to their straight time holiday pay. However, those employees who work less than the eight hours scheduled will have their straight time holiday pay correspondingly reduced.
  • Regular employees who are called out to work on a recognized holiday for a period of four hours or less not contiguous with hours worked into or out of the holiday will be paid for four hours at time and one-half in addition to their straight time holiday pay. Employees who are called out to work on a recognized holiday for more than four hours not contiguous with hours worked into or out of the holiday but less than eight hours will be paid for eight hours at time and one-half in addition to their regular straight time holiday pay. Employees who are required to work more than eight hours on a recognized holiday will be paid at the rate of double time for all such work in excess of eight hours. An employee must work either their full scheduled day before, or their full scheduled day after a holiday to be entitled to receive holiday pay. An employee will not be compensated for travel time on a call-out which occurs on a regular holiday.

Contiguous hours worked in relation to a holiday; the employee will be compensated for one hour of travel time at the appropriate rate of pay for call outs of four hours or more contiguous, with hours worked into or out of a Company recognized Holiday. The guarantee of 8 hours pay for a call out that is more than 4 hours but less than 8 that is contained in Article X Section I(d), will not apply to call outs that are contiguous with hours into or out of the holiday.

  • When a holiday falls within an employee’s PTO, the employee shall, at the discretion of the Company, either be allowed an additional PTO day at such time in the same year as shall be mutually agreed upon between the employee and their supervisor or shall receive eight hours additional pay to compensate for the loss of such holiday pay.
  • An employee beginning a leave of absence will not receive holiday pay for holidays occurring after the last day worked except when the employee works the full calendar day immediately before a recognized holiday which is in the same pay period.

ARTICLE

Work Schedules

Section 1. (a) It is agreed that the present establishment of 40 hours per week of the Company will remain in effect, except in those divisions where longer or shorter hours are now being worked, and the Company guarantees employment of not less than 40 hours per week for 52 weeks of each year to all employees represented by the Union as bargaining agent, who are available and ready to work, and who are regular full-time employees of the Company, except those on a less than 40 hour basis now. No such employees shall be required to work more than 40 hours in any one week, consisting of seven days, nor more than eight hours in any one day except as hereinafter provided.

  • Nothing in this section will affect in any manner the right of the Company to make temporary or permanent reductions in forces when considered necessary by the Company.
  • Nothing in this Agreement shall be deemed to require the Company or the Union to commit an unfair labor practice or other act which is forbidden by, or is an offense under, existing or future laws affecting the relations of the Company with the employees bargained for by the Union.
  • The Company may utilize flextime programs for workgroups where scheduling is deemed appropriate by the Department Manager. The Company reserves the right to discontinue use. The Company will discuss with the Union before proceeding with any changes. For alternate work hour schedule(s) that may be developed, it is agreed that at least two off days will be consecutive. The two consecutive off day agreement does not apply to any currently established workweek or when changing from one schedule to another. Furthermore, the two consecutive off day requirement can be waived, but both supervision and the employee must mutually agree to such a schedule.

Section 2. The following guidelines are established for employees that are working a 4-10hr shift, which is at the discretion of the Department Manager upon business need.

  • Off Davs. Management will attempt to provide employees working a four 10hour day workweek with three consecutive off days. However, employees in a particular work group may request or may be required to have two consecutive off days and another off day within the scheduled workweek. Supervision will give due consideration to such requests. Depending on work requirements, employees will be given an additional work break on each 10-hour day worked.
  • Overtime. Time and one-half will be paid for all overtime hours worked in any single workweek, with the exception of Sunday. All overtime hours worked on a Sunday will be paid at double time.
  • Holidays. Employees working four 10-hour shifts convert to a five 8-hour day schedule during all workweeks that contain a holiday recognized by the Company in an effort to maintain consistency throughout the bargaining unit for employees to receive 40 hours of pay.
  • PTO Employees working a four 10-hour day workweek will be required to use 10 hours of PTO per day.

Section 3. (a) The work week of an employee for payroll purposes and for determining off-days shall consist of seven consecutive days with a minimum of two scheduled off days and be from midnight Sunday to midnight the following Sunday. Employees working on a shift beginning two hours or less before midnight will be considered as having worked their hours following midnight.

  • Regular scheduled hours of work per day will be at straight time for regular scheduled work days, time and one-half for the employee’s first scheduled off-day in the work week, double time for the employee’s second scheduled off-day in the work week and time and one-half for any additional scheduled off-days in the work week. Any time in excess of the employee’s regular scheduled hours per day will be paid at the rate of time and one-half except the employee’s second scheduled off-day worked which will be paid at double time.
  • Employees required to work more than 16 consecutive hours will be paid double time for all time worked in excess of, and contiguous with, the 16 consecutive hours.
  • Schedules for all employees will be based on the time prevailing in the City of Cincinnati.
  • In no case will an employee be forced to take time off in lieu of overtime pay. The Company shall be the sole judge as to the necessity for overtime work, and the employee shall be obligated to work overtime when requested to do so. When overtime occurs in a group or department, where more employees are qualified and available to work than are necessary at the moment, the Company agrees to establish a system of selecting the employees who are to work, in a sincere effort to equalize overtime work. The employees will be notified in advance, whenever possible, when they are required to work overtime.

Section 4. (a) The Union recognizes the need for shift work and weekend work in order to provide for continuous operation, and overtime rates will apply as set forth in Article Xl, Section 3.

(b) An employee who is transferred from their regular shift to another shift shall be notified of said transfer at least 24 hours prior thereto though the Company will attempt to give at least five calendar days’ notice.

Section 5. (a) Each employee shall have a specific headquarters for reporting for work. However, the right of the Company to effect transfers and reassignments to properly run its business is recognized.

  • When it is necessary to temporarily assign employees to a headquarters other than their own or to a job site reporting location that is further from their home than their regular headquarters, these employees will be paid mileage at the prevailing rate based on the additional round-trip mileage employees are required to drive. No mileage compensation will be paid for the temporary assignment if the other reporting location is closer to the employee’s home. Employees reassigned (non-temporary assignment) to a different headquarters will be paid mileage compensation during the first fourteen calendar days of the reassignment.
  • Out of town/Overnight Assignment- The mode of transportation and accommodation for out-of-town and/or overnight assignments will be determined by the Company. There will be times that the employee may be responsible for direct expenses for accommodation of which prior arrangements can be made with the Company. Other types of accommodations will be handled on a case-by-case basis with methods of payment appropriate to the situation. Per diem rates may be established in advance for purpose of covering other related travel expenses.
  • When an entire work group is assigned to a new headquarters, paragraph (b) of this Article shall not apply.
  • Job site reporting and other temporary assignments will be offered on a voluntary basis. If there is an insufficient number of volunteers, assignments will be made on a junior qualified basis. When assigning the junior qualified, unusual or extenuating circumstances will be taken into consideration.
  • Employees may be assigned to drive Company vehicles from and to the job

site from home or sites close to home. If Company vehicles are used in such a manner, the mileage provisions for job site reporting are not applicable. An option to the mileage provision is that employees may, during a job site reporting assignment, pick up and return a Company vehicle to their regular headquarters, provided travel is on their own time.

Section 6. (a) Employees called out for other than planned overtime shall be paid a minimum of four hours at the appropriate overtime rate. Travel time of one-half hour each way will be allowed on a call-out when such call-out exceeds four hours of continuous work that is not contiguous with a regular scheduled shift. Employees will not be compensated for any travel time for planned overtime; or on a call-out when the employee is not released from work before their regularly scheduled shift; nor will travel time be allowed when overtime is worked continuously at the end of a regularly scheduled shift.

(b) Planned overtime shall be defined as time worked upon notice to an employee given before leaving their headquarters or place of reporting, or in case of an off-day, during or before what would have been their scheduled hours on that day, that they are to report outside of their regular schedule on any succeeding day. Such time worked shall be paid for at the appropriate overtime rate but not for less than four hours unless such planned overtime extends into or directly follows the employee’s regularly scheduled work day, when it shall be paid for at the appropriate overtime rate for the actual hours worked.

Section 7. (a) If an employee volunteers or is required to work overtime and the employee requests to work the overtime on their second scheduled off-day in lieu of working the overtime on a different scheduled off-day, management may approve the employee’s request if it meets business needs as determined by the Company. When such employee requests are granted by the Company, the overtime worked will be paid at the rate of time and one-half, instead of double time.

  • If an employee requests to work overtime at a date and/or time of his or her choice and the supervisor approves the request as consistent with business needs as determined by the Company, the Company will pay the overtime at the time and onehalf rate.
  • It is the right of the Company to schedule overtime based on business and operational needs. Such assignments may be mandatory and employees are expected to work such mandatory assignments, and the applicable overtime and meal provisions would apply as stated in the Agreement.

Section 8. (a) Employees working two hours or more in excess of their normal work day shall receive a meal, or compensation in lieu thereof, and an additional meal, or compensation in lieu thereof, after each additional five hours of continuous overtime work over and above the original two hours mentioned above.

  • Employees called out on either their scheduled off day, or four or more hours before their regularly scheduled starting time, shall be furnished a meal, or compensation in lieu thereof, for each contiguous five hour interval worked even though they work into their regularly scheduled work day.
  • The meal compensation allowance referred to above shall be as follows:
Effective A ril 1, 2019- March 31, 2022
$1 1.50

ARTICLE Xll:

Contractor Language

Section 1. (a) The Company agrees to notify and discuss with the Union the contemplated hiring of any outside contractors to do work normally performed by regular employees covered by this Agreement. Such notification will be given if it is contemplated that the work will be in excess of 1 ,020 man-hours.

  • It is the sense of this provision that the Company will not contract/outsource any work which is ordinarily done by its regular employees if as a result thereof; it would become necessary to lay off any such employees.
  • No regular employee covered by this agreement will be displaced/ relocated by any outside contractor to do work normally performed by bargaining unit employees when there is an ongoing need for the same work to continue at their specific work department or location, as determined by the Company.
  • After a contractor has worked a total of 2,080 man hours performing any work normally performed by regular employees covered by this agreement, the contractor will then be released and if needed the position will be posted as a full time or a part time position.

Section 2. The parties agree to engage in a collaborative process where Human Resource professionals, management, and union representatives exchange data, perspectives, and ideas so that outsourcing decisions affecting job elimination can be made in an open and candid environment.

As a first step, once the Company has determined that outsourcing is feasible based on proposals received from a potential vendor(s) and that outsourcing will likely result in job elimination, the Company will notify the Utility Workers Union of America, Local 600. Upon receiving this notice, the Union can request information from the Company and/or propose how it would be more advantageous for unionized employees to retain the work at issue.

If requested by the Union, a meeting will be held to discuss the most competitive bid. A meeting will be held at which time, the Company will provide the Union the key criteria used to evaluate the bid.

The Company is fully aware of any legal responsibilities it may have, including the legal

duty to share information and bargain in good faith, and will comply with those responsibilities. The Union understands that information shared between the parties while utilizing the process are subject to legal protections, and the information shall remain confidential to this process and to the Company.

The parties recognize that each outsourcing proposal should be evaluated on a caseby-case basis, with consideration of factors including but not limited to the overall operating costs, relative labor costs (including the applicable loading rates such as benefits, payroll taxes, etc.), any applicable regulatory requirements, equipment, technological developments, job process improvements, special expertise, efficiency, safety, availability of skilled labor and supervision, scalability, and any other factors that may impact the merits of outsourcing.

The parties further recognize and agree that neither party shall cause unreasonable delay during the process. It is the intent of the parties that this process will occur during approximately two months following the notice provided to the Union and/or the initial meeting discussing the matter.

ARTICLE

Union Bulletin Boards

Section 1. The Company agrees to erect bulletin boards at locations to be selected by the Union and the Company. The use of these boards is restricted to the following: notices of Union meetings, notices of Union elections, notices of changes within the Union affecting its membership, and any other notices issued on the letterhead of the Union and signed by the President and/or Secretary of the General Board. There shall be no other general distribution or posting by the members of the Union of pamphlets, or political literature of any kind, except as herein provided.

ARTICLE

Bereavement

Section 1. Upon the death of the designated relatives of an employee, the employee, upon request, may be entitled to the stipulated maximum number of calendar days off for which the employee is entitled to receive regular pay for not more than the indicated number of consecutive working days, including the day of the funeral. No pay will be granted for regular scheduled off days.

Relationship Maximum Consecutive Calendar Da s Off Maximum Consecutive Working Da s Off With Pa
Spouse or Domestic Partner 7 5
Child/Step/Foster 7 5
Mother/Step/Foster 7 5
Father/Step/Foster 7 5
Brother/Foster 7 5
Sister/Foster 7 5
Legal Dependent living in the home 7 5
In-Laws (father, mother, brother, sister, son or daughter 53
Grandchild53
Grandparent/Spouse’s Grandparent 42

If an employee has reported to work and is notified of a death in the family and leaves the job, the day will not be charged as one of the consecutive working days for which the employee is entitled to receive regular pay.

ARTICLE XV:

Jury Duty

Section 1. Witness Fees; regular pay and reasonable or required expenses will be allowed employees who may be summoned or requested to testify for the Company.

Section 2. (a) Employees required to serve on a jury shall be compensated on the basis of their regular salary. Employees must report to work during the working hours when they do not need to be present for jury duty.

(b) An employee working on either a night or afternoon shift at a time when they are scheduled for jury duty, who is unable to postpone the jury duty until a time when they will be working on a day shift, may request the Company to assign them to a day shift schedule. Such a request must be made at least seven working days before the jury duty service is scheduled to begin. When the term of jury duty for such an employee has ended, they shall return to their normal working schedule.

ARTICLE

Union Duties & Business

Section 1. Any member or members not to exceed three members elected or employed by the Union whose duties for the Union require their full time shall be granted a leave of absence by the Company for six months and additional six months’ periods thereafter, provided that each member is from a different promotional sequence or that the Company has granted permission for two members to be from the same promotional sequence. On return to the employ of the Company, such employees shall be employed at their previous classification or other higher classification within this unit for which they may be qualified.

Section 2. Subject to legitimate business needs, the Company will grant compensated or non-compensated time off work in accordance with the following guidelines:

  • Negotiations- Members of the Union negotiating committee and any other employee required to attend or prepare for negotiating meetings will be able to attend during working hours. These employees will not be compensated by the Company for time spent in and preparing for negotiations, unless previously agreed to by the parties.
  • Grievances & Arbitrations- A reasonable number of employees will be able to prepare for and attend grievance and arbitration meetings. Union employees will not lose their straight-time wages while attending grievance meetings. The time spent by Union members in preparing for and attending all arbitration meetings is not compensable by the Company.
  • Joint Meetings- A reasonable number of employees will be able to attend joint meetings between Union members and Company representatives. These employees will not lose their straight-time wages while attending or preparing for joint meetings.
  • Union Duties/Meetings- A reasonable number of employees may be excused but not compensated by the Company for attending, preparing for or performing union duties/meetings. This includes items such as counting votes, regular Union meetings, General Board meetings, working on Union accounting records, or other union duties or meetings.

There may be occasions when exceptions to these guidelines may be granted. The parties will make every effort to accommodate each other in these matters. The Union agreed to give as much advance notice as possible to supervisors of employees who need to be off work for Union business.

The advancing of wages for non-compensable union business will continue, absent abuse of this process. If problems arise, management will meet with the Union in an attempt to correct the abuse. However, management must maintain the right to discontinue this arrangement, if a satisfactory resolution cannot be reached.

ARTICLE XVll:

Military Leaves

Section 1. Regular employees entering the armed services of the United States or employees who are conscripted by the United States Government during a period of national emergency shall continue to accumulate full system service and full seniority and may return to their former position or one of equal pay and rank, provided they report for work with a certificate of satisfactory completion of military or governmental service within 90 days after their release from active service.

Section 2. (a)Regular full-time employees who are required to fulfill Military training obligations as members of the Reserve, national Guard Units, or when called to short terms of active duty for emergency situations are eligible for leave pursuant to the Company’s policies regarding military leave. (b) Company Group Life Insurance of employees returning to Company service within 90 days after their release from active service will be reinstated without physical examination or waiting period.

Section 3. None of the foregoing provisions in this Article shall apply to those employees who are not eligible for statutory re-employment rights.

Section 4. At the conclusion of this agreement, employees may be eligible to participate in the Vistra Military Policy. The Policy formally known as the Dynegy Military will cease.

ARTICLE XVIII:

Other Policies

Section 1. For the term of this Agreement, employees are eligible for the policies and the associated benefits provided herein:

  • Maternity Leave
  • New Parent Leave
  • Education Reimbursement Policy

ARTICLE XIX:

Absence Due to Sickness or Accident

Section 1. Effective April 1, 2019 all employees will receive a transition bank of 3 paid sick days for use in 2019 and 5 paid sick days in 2020 with no carryover in either year. All employees will participate in the Short-Term Disability Payment Policy. Any employee on a current leave of absence on April 1, 2019 will continue with their current program and move to the company’s short-term disability policy once they have returned from leave of absence.

(a) This policy will run concurrently with Family and Medical Leave Act (FMLA) leave if qualified.

Section 2. It is agreed that under no circumstances shall any section of this Agreement be interpreted to provide the pyramiding of a benefit or premium payment to employees covered by this Agreement. For example, no employee may claim sick pay while receiving vacation pay or holiday pay while receiving sick pay.

Section 3. It is also mutually understood and agreed that the Company shall have the right to investigate and determine for its own satisfaction the bona fide nature of any illness for which pay is requested as well as the duration thereof. In order to facilitate the scheduling of the work forces, employees who will be absent from work are expected to notify the Company as soon as possible, but not later than one hour after their regular starting times and in the case of shift workers, one hour before the start of their shifts. Unless an employee submits a legitimate excuse for not reporting the cause of absence before the end of the first hour of such absence, the employee’s claim for Short Term Disability pay shall not begin until such notice is received.

Section 4. Injured employees who are unable to work because of an industrial accident will be paid a supplement in an amount equal to 100% of their weekly wage (40 hours), less the state mandated compensation. This supplemental industrial accident compensation will begin after the initial seven calendar day waiting period and will continue for not more than 26 weeks of continuous disability. If, however, an industrial accident disability continues for two or more weeks, the employee will receive this supplemental industrial accident compensation for the initial seven day waiting period.

Section 5. Upon return to work, with restrictions, from illness or disability, the employee may request reasonable accommodation to perform the essential functions of their job. If such request is made, the employee will be expected to participate in identifying how they can perform the essential functions of their job with or without reasonable accommodation. A reasonable accommodation may be additional time off or less vigorous work, which if reasonable will be granted at no reduction in the employees’ regular pay for a temporary period to be determined by the employee’s and the Company’s physicians.

Section 6. LTD Disability — The Company reserves the right to terminate (including termination of any and all un-accrued benefits) any employee on LTD who is unable to demonstrate his ability to return to work in their normal position, or another position in which the employee is qualified, with or without reasonable accommodation.

ARTICLE XX:

Health & Welfare

Section 1. Unless otherwise provided below, in all cases, the terms of the Vistra Energy Health & Welfare Benefit Plan, along with the Summary Plan Description (“SPD”) (together, “the H&W Plan”), shall, where applicable, control.

Any insurance benefit plans under the H&W Plan not specifically referenced elsewhere in this contract that the Company maintains and/or implements for the general nonunionized employee population shall also be provided to the bargaining unit employees at the same benefit levels, costs, and plan design structure. The Company has the right to add, eliminate, and alter, or to make any other changes to these insurance benefit plans or the employee costs for the plans consistent with any changes it makes for the general, non-unionized employee populations.

The Company will provide benefits under the H&W Plan in which the employees chose to participate as defined by the H&W Plan and applicable SPDs.

Section 2. The Company’s premium share will continue to be paid while an employee is receiving illness or accident compensation provided the employee was covered by such a plan immediately prior to their sickness or industrial accident and the employee continues to pay their portion of the premium.

Section 3. Employee Assistance Plan (EAP) – the EAP is provided at no cost to all eligible employees and their eligible family members. The EAP is a confidential counseling and referral service which can help you and your eligible dependents with a range of issues such as: anger management, family/parenting issues, grief or bereavement, legal/financial planning services, child/elder care, stress management, and

work/life balance.

ARTICLE

401 (k)

Section 1. Effective April 1, 2019, employees will be eligible to participate in the Vistra Energy Thrift Plan (the 401(k) Plan). Employees may save 1% to 75% of their base pay thru this 401(k) Plan subject to IRS and 401(k) Plan limitations. The company matches 100% of the first 6% of base pay that is contributed by the employee to the 401(k) Plan. Employees are always fully vested in employee and match contributions.

Section 2. New hires will automatically be enrolled in the 401 (k) Plan. Enrollment will be at a pre-set contribution rate (pre-tax) of 3%. New hires will have 60 days from the date of hire to affirmatively opt-out of the 401 (k) Plan prior to the effective date of the automatic enrollment and corresponding automatic deferral of 3% via payroll deduction.

ARTICLE XXII:

Intentionally Omitted

ARTICLE Mill:

Retiree Medical

Section 1. Eligibility for the Retiree Medical Subsidy and Health Reimbursement Account (“HRA“) will be eliminated as of December 31, 2015. Employees who were vested in their retiree medical benefit as of August 27, 2015 and retire no later than December 31, 2015 shall, upon retirement, remain eligible for retiree medical benefits under the Vistra Energy Health and Welfare Benefit Plan or the Vistra Energy Health and Welfare Benefit Plan for Post-65 Retirees, as applicable.

  • Retiree Medical Subsidy Plan
  • Lump Sum (Cinergy) HRA Balance

Section 2. Employees who do not meet the above criteria, and who are at least age 50 with at least 5 years of service as of August 27, 2015 will have unsubsidized access only (i.e. no company contributions) to post-retirement medical.

IN WITNESS WHEREOF, the Utility Workers Union of America, AFL-CIO, Local 600, and Dynegy Miami Fort, LLC and Dynegy Zimmer, LLC do hereby, by their duly authorized agents, execute and sign this Agreement in duplicate on this day of