AGREEMENT BETWEEN ALLEGHENY ENERGY and LOCAL UNION NO. 102 UTILITY WORKERS UNION OF AMERICA

MAY 1, 2001 to MAY 1, 2006





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Introduction to the Contract

AGREEMENT

BETWEEN

ALLEGHENY ENERGY

and

LOCAL UNION NO. 102

UTILITY WORKERS UNION OF AMERICA

MAY 1, 2001 to MAY 1, 2006

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Section I - RECOGNITION

1.1 RECOGNITION

The Company recognizes the Union as the sole and exclusive bargaining agent in all matters pertaining to wage rates, working hours, and conditions of employment, for the non-supervisory employees of the departments listed in this section; and the Company and the Union agree not to discriminate against any of these employees because of race, creed, color, sex, age, national origin, disability, or any status protected by applicable state or federal law. The parties also agree that whenever the masculine term is used in this Agreement, it shall be considered applicable to both sexes.

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Section II - MAINTENANCE OF UNION MEMBERSHIP

2.1 MEMBERSHIP AS A CONDITION OF EMPLOYMENT

All employees who on May 1, 2001, were included in any group for which the Union is recognized as the sole and exclusive bargaining agent as set forth in Section I, Recognition, of this Agreement and all employees thereafter becoming members of the designated units shall as a condition of employment become members of the Union unless already a member, and shall thereafter pay in the manner prescribed in Subsection 2.2, Payment of Union Dues, the amount of regular monthly Union dues as determined by majority vote of the Union membership until the expiration of this Agreement or until they cease to be members of the bargaining unit, except as hereafter provided.

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Section III- UNION OFFICIALS AND RESPONSIBILITY

3.1 LEAVE OF ABSENCE ON UNION BUSINESS

Any Union member elected to permanent office, or delegated to any Union activity necessitating temporary leave of absence, shall be granted such leave of absence without pay for a minimum period of six months and a maximum period of not longer than the duration of this Agreement. Upon return to work after such leave of absence, the employee will be re-employed in whatever job his/her accrued seniority will entitle him/her at the standard rate of pay for that job. Such reemployment shall be subject to his/her ability to qualify for the job. Not more than three members shall avail themselves of this privilege at any one time.

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Section IV- ADJUSTMENT OF DIFFERENCES

4.1 DEFINITION

Any differences between employees, Union, and Management over the meaning, interpretation, or application of this Agreement which are not settled at the first level become grievances within the meaning of the contract.

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Section V - ARBITRATION

5.1 METHOD OF ARBITRATION

 In the event of notice in writing by either party given to the other, that arbitration of any grievance is requested, two representatives from each the Company and the Union may meet within a period of seven days and attempt to agree upon a statement of issues and the method of arbitration. If no agreement has been reached by the Company and Union representatives within the seven-day period, each party shall appoint a representative on the Arbitration Board and shall notify the other party of such appointment in writing. Such appointment must be made within a period of fourteen days from the date that arbitration is requested, or the party failing to act forfeits its case. More...


Section VI - PROBATIONARY AND TEMPORARY EMPLOYEES

6.1 CLASSIFICATION

Employees may be classified as "Probationary'' or "Temporary" under the following conditions:

(a) Probationary

Probationary employment to determine fitness for a regular job, except for Lineworker-Apprentice and Lineworker C, Serviceworker-Apprentice and Serviceworker C, and Substation Electrician Apprentice and Substation Electrician C, shall be for a trial period not to exceed six months, at the end of which period the ability of the employee and the necessity for his/her employment shall be reviewed by his/her supervisor and a recommendation made that the employee either be dropped from service, transferred to regular employment, or that his/her probationary employment be extended for an additional period.

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Section VII - SERVICE CREDIT

7.1 SERVICE DATE APPLICABILITY

An employee's service date shall be used in determining eligibility for sick pay allowance, vacation, and credit for retirement.

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Section VIII - JOB SECURITY

8.1  APPLICATION

In order to provide maximum job security for long-service employees involved in a bump-back or layoff situation, the employee affected will be entitled to exercise the applicable provisions of Subsection 9.24, Power Station Units; Subsection 9.25, Transportation Unit and Lines, Installer, and Service Unit; Subsection 9.26, All other Units; or Subsection 9.27, Leaving Service Prior to Layoff; or if qualified, displace an employee with less Company seniority in any beginning job except Lineworker-Apprentice. Such employee will be paid the rate for the beginning job, which the employee occupies.




Section IX - SENIORITY

9.1 DEFINITION OF SENIORITY

An employee's seniority date establishes his/her seniority relationship to other employees and determines his/her status on matters where seniority is considered. As hereinafter stated, seniority is given consideration in transfers, promotions, bump-backs, layoffs, and in rehiring after lay-offs. Seniority shall be determined by the date of employment in or transfer to any job or organization element recognized for seniority purposes as hereinafter defined and subject to the special limitations which apply in cases of transfers, as outlined in Subsection 9.12, Seniority Adjustments by Transfer.

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