AGREEMENT

Made and entered into this 1st Day of October 2014

By and Between

THE BERKSHIRE GAS COMPANY 

(Hereinafter called the "Company")

and the

UNITED STEELWORKERS,

AFL  CIO  CLC

on behalf of its

LOCAL UNION NO. 12325-1

(Hereinafter called the "Union")

 

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TABLE OF CONTENTS

 

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AGREEMENT

AGREEMENT made and entered into on the 1st day of October, 2014 by and between THE BERKSHIRE GAS COMPANY, (hereinafter called the "Company"), a corporation duly organized under the laws of the Commonwealth of Massachusetts, and having principal offices in Pittsfield, in the County of Berkshire in said Commonwealth, and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, on behalf of its Local Union No. 12325-1, (hereinafter called the "Union").

WITNESSETH

WHEREAS, the parties hereto have reached an agreement as a result of collective bargaining for the purpose of facilitating the peaceful adjustment of differences, if any, that may arise from time to time, and to promote harmony and efficiency.

NOW THEREFORE, the parties hereto contract and agree as follows:

ARTICLE I

Recognition

SECTION 1.  The Company agrees and does hereby recognize the Union as the exclusive representative of all employees to whom this contract applies for the purpose of bargaining in respect to rates of pay, wages, hours of employment, or other conditions of employment.

Bargaining Unit

SECTION 2.  The provisions of this Agreement shall apply to all employees who are employed by the Company in the job classifications listed in Schedule “A” annexed to this Agreement.

 

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SECTION 3.  (a)   It shall be a condition of employment that all employees of the Employer covered by this Agreement, who are members of the Union in good standing on the effective or execution date of this Agreement, shall remain in good standing. 

(b)   It also shall be a condition of employment that all employees covered by this Agreement, hired on or after its effective or execution date, whichever is later, shall on the 31st calendar day following the beginning of such employment become and remain members in good standing in the Union.   

(c)   Good standing for the purpose of this Agreement shall be interpreted to mean the payment or tender of Union initiation fee and monthly dues uniformly required as a condition of acquiring or retaining membership in the Union. 

Probationary and Regular Employees

SECTION 4.  A regular employee is one who has successfully completed his probationary period of employment and who has been accepted by the Company as a regular employee.  New employees shall be considered probationary employees for the first ninety (90) calendar days' period of their employment, unless an extension is agreed to by both parties in writing, during which time they acquire no seniority and the Union agrees it will not process a discharge grievance for a probationary employee who is discharged during his probationary period, and the Company during the probationary period, shall have the exclusive right to discharge such employee with or without cause.  At the end of the probationary period, such persons shall be placed on the seniority list as of the date of last hiring.

 

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ARTICLE II

Term of Agreement

SECTION 1.  This Agreement shall be effective from October 1, 2014 and shall continue in full force and effect until March 31, 2019.  Either party may terminate the Agreement by giving notice in writing to the other party at least sixty (60) calendar days prior to the expiration date of the Agreement.  Whenever notice to terminate this Agreement as herein above provided is given, the parties agree that at least thirty (30) calendar days prior to the expiration date, joint conferences shall be held for the purpose of negotiating another agreement.

ARTICLE III

Regular Hourly Rates and Payroll Period

SECTION 1.  The Company agrees to pay the regular hourly rates as shown in Schedule "A" attached hereto and made a part hereof.

Maintenance of Rates during Agreement

SECTION 2. 

(a)  The Company agrees to maintain the regular hourly rates as above provided for each employee or position in effect during the term of this Agreement, subject to any changes mutually agreed upon.

(b)  Should a new job be established or should the job content of an existing job classification be substantially changed, the Company will set the regular hourly rate and notify the Union in writing.  If the Union does not object in writing within twentyone (21) calendar days after receipt of the Company's notice, the rate shall be considered approved.  Should the Union object within the 21day period, the matter will be processed as a grievance subject to arbitration.  If it is determined that the rate is incorrect, it shall be adjusted retroactively to the date when the rate first became effective.

 

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Payroll Period

SECTION 3.  Employees shall be paid on a bi-weekly basis.  Payroll week shall be Sunday through Saturday.

Overtime Pay

SECTION 4.

(a) Excluding holidays, work done by an employee before or after his regular working hours on his regular working days and work done on a Saturday which is not part of the employee’s work schedule shall be paid for at the rate of one and onehalf times his regular rate.

(b)  If an employee shall have worked less than forty (40) hours in any one week, because of unpaid time off with Company permission, the Company may permit such employee to make up the difference between his time actually worked and forty (40) hours by working that amount of time on Saturday, during lunch, or before or after his regular hours that week at his regular hourly rate.  If an availability list is posted for Saturday work and an employee signs the list, the employee shall be considered to have volunteered for work within the meaning of this Section.  Employees who have personal time off during the week and who volunteer to make up the time at straight time rates on Saturday, shall not be given preference for such work over other employees on the availability list, but they will be considered for such work in the same order as if they were eligible to work it on an overtime basis. 

(c)   Any work done by an employee on the seventh (7th) consecutive day of work in any payroll work week, or on a Sunday, shall be paid for at the rate of twice his regular hourly rate.

(d)  If work scheduled on days other than a regularly scheduled workday cannot be performed for unforeseeable conditions, an employee reporting for such work may be assigned other work but in no case will the employee be credited with less than four (4) hours overtime.

 

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Premium Pay for Shift Work

SECTION 5.  The Company further agrees that it will pay, in addition to the regular hourly rates as above provided, the following shift premiums:

(a)   Two dollars ($2.00) per hour for regularly scheduled work performed on the second shift.

(b)   Two dollars ($2.00) per hour for regularly scheduled work performed on the third shift.

(c)   Employees assigned to work on the second or the third shift and who work overtime will have shift differential included in the calculation of their overtime pay.

(d)  Shift premiums shall not apply to wages paid for sickness.

Department Standby    

SECTION 6.

 

(a)  Assignment:

The following sets forth the procedure that the Company shall follow in the scheduling of the Service-Distribution-Production Departments Standby Crew when the Company determines that employees are to be assigned to standby coverage:

 

(1a)   All Service-Distribution-Production personnel approved by the Company as qualified for standby will be assigned on a rotating basis beginning with the most senior employee within their departments.

(1b)  Production Department standby coverage shall be effective on November 3, 2014.

 

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(2)   Any employee so assigned to standby crew coverage may be relieved of such assignment if such employee can obtain another qualified employee (OQ) on a standby crew to cover his assignment.  Once any such change has been agreed upon and has been made on the standby calendar, it shall be final.

(3)   If an employee assigned to a standby crew is unable to cover his assignment due to short-term illness/injury, or other valid reason, the Company shall first attempt to find another employee on the standby crew to cover the assignment on a voluntary basis.  If no employee is willing to cover said assignment on a voluntary basis, the Company shall assign the junior available employee on the standby crew to cover the assignment.  In seeking volunteers to cover the standby crew assignment referred to under this paragraph the Company shall utilize the overtime list, which shall be updated weekly and posted weekly by the Company.

All scheduled vacation or long-term illness/injury (over two (2) weeks) shall be distributed equally among “on-call” personnel.  The rotation becomes effective immediately upon notification of the long-term illness/injury. To cover these situations, an original “on-call” calendar shall be maintained and employees shall be “scheduled in” on a continuous rotating basis originating with the junior qualified employee.  All holidays shall be distributed equally throughout the Department and the Company will make every attempt to minimize employees receiving the same holiday in consecutive years.

All calendar changes shall be made as soon as notice is given to the employee’s Supervisor and Dispatch outlining a long-term injury/illness or vacated position.

On-call begins after shift workers finish their shift.  Employees assigned to the “standby rotation” outside of normal work hours shall be paid the “call-in” rate while department employees are performing scheduled work.

 

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If the number of qualified (OQ) on-call production personnel company-wide who are available for standby coverage drops below four (4), the remaining qualified on-call personnel will cover the assignments using the original standby calendar for that department. 

If the number of qualified (OQ) on-call Service and Distribution personnel who are available for standby coverage drops below four (4) in Pittsfield, North Adams or Greenfield the remaining qualified on call personnel will cover the assignments using the original standby calendar for that area and department. 

The assignments for such coverage will be made in accordance with the above procedure.  Whenever the number of qualified on call personnel has dropped below four (4), the remaining qualified on call personnel who cover the assignments on the original standby calendar  will be paid thereafter the following per diem under Section b “Schedule and Compensation” below:

(4)  The Company shall determine the area, or areas, if any, to be covered by each standby employee.

(b) Schedule & Compensation:

(1)	Weeknights (Monday to Friday – start of day shift)  $35/night.

(2)	Saturday – End of shift to 7:00 A.M.  $50/day.

(3)	Sunday – 7:00 A.M. to 7:00 A.M. or start of day shift  $75/day.

(4)	Holidays (Article III, Section 12(a)  7:00 A.M. to 7:00 A.M. or start of day shift) $90/day.

 

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(5) Employees on standby who are called in for work shall also be paid as follows:

 

If on a Monday through Saturday or on a holiday, an employee is called out for work which is outside of and not continuous with his regularly scheduled hours of work, he shall be paid a minimum of three (3) hours pay at time and one-half.  If the work extends beyond the three (3) hour minimum, he will be paid for all hours worked at time and one-half.  On Sunday, he will be paid a minimum of three (3) hours pay at time and one-half or double time for all hours worked, whichever is greater.

A callout begins when the employee is dispatched and terminates 15 minutes after the employee codes off when leaving his or her last assigned job.  Callout(s) after the 15 minute period will be considered a separate callout.

On-Call Personnel Covering Saturday Night

If a call is received before 7:00 A.M. on a Sunday morning, and the oncall employee has to work beyond 7:00 A.M. Sunday morning to finish the call, the employee will be paid the minimum set forth in Article III, Section 4(b) of this Agreement or double time for all hours worked, whichever is the greater.

(c)  Vehicle for Standby:

The Company will provide a vehicle for the employee assigned to standby for the time he is on standby.  The employee will then return the vehicle to the Company when not on standby.  Company vehicles provided to employees assigned to standby will not normally be used to transport private persons or for purposes which are unrelated to the Company's business.  However, there are times when for good cause shown, the Company may give an employee on standby permission to use the Company's vehicle for such purposes.  In all such cases, the employee shall be required to request and obtain in advance from the Company's Dispatcher, permission to use the Company's vehicle for the employee's personal, nonbusiness related purpose.

 

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Relief from Standby Assignments

SECTION 8

(a).  Employees assigned to the “Standby” rotation who are over fifty five (55) years of age and who have twenty (20) or more years of service or those over sixty (60) years of age and who have fifteen (15) or more years of service, will upon request be relieved of assignment to “on-call” and shift schedules where there are a sufficient number of employees available (minimum six [6]) in each reporting area.

(b).  Employees who hold leadership positions such as Working Distribution Leader, Working Production Leader and Service Leader and who meet the above age and service criteria, may not be  relieved from their standby assignment, unless their need for relief is due to long-term illness, work related injury or with permanent work restrictions without loss of rate.    

The above will not apply to emergency situations.

Employees must notify the Company in writing prior to the beginning of the calendar year if they wish to be relieved from on-call or standby during that calendar year. 

Call-in Pay

SECTION 9.  If on Monday through Saturday or on a holiday, an employee is called in for work which is outside of and not continuous with his regularly scheduled hours of work, he shall be paid a minimum of four (4) hours pay at time and onehalf.  If the work extends beyond four (4) hours he will be paid for all hours worked at time and one-half.  On Sunday, he will be paid a minimum of four (4) hours pay at time and onehalf or double time for all hours worked, whichever is greater.

 

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(a)       If on Monday through Saturday or on a holiday an employee is called in two (2) hours, or in excess of two (2) hours, before his regularly scheduled hours of work and work is continuous with his regularly scheduled hours of work, he shall be paid a minimum of four (4) hours pay at time and onehalf  for the callin.  On Sunday he will be paid a minimum of four (4) hours pay at time and onehalf or double time for all hours worked, whichever is greater.

Holiday Pay

SECTION 10

(a).  Except as provided below, all employees shall receive eight (8) hours pay at their regular hourly rate for each of the following Holidays, regardless of what day of the week it occurs:

Should there be a conflict between the laws of the Federal Government and the Commonwealth of Massachusetts for observance of any of the holidays set forth in this Section, any such holiday shall be observed in accordance with the laws of the Commonwealth.

Shift premiums will be included in holiday pay when an employee works a second or third shift during a work week in which a paid holiday occurs.

 

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(b)       If any of the holidays listed above shall occur during the regular work week of any employee and such employee does not work on such holiday, he shall nevertheless be deemed to have worked eight (8) hours on such holiday in computing his forty (40) hour basic week for overtime purposes.

(c)       No holiday pay shall be paid to any employee of the Company who is absent on sick leave on the work day before or on the work day after the holiday, except in those cases where the employee is sick for five (5) or more consecutive work days or where the employee’s absence for the day is supported by a doctor’s note. 

(d)         An employee who wishes to take his or her birthday holiday on a day other than the day on which the employee’s birthday falls, may request the alternate day off which the employee desires, two (2) weeks in advance of the employee’s birthday.  The granting of the employee’s request shall be subject to the Company’s operating conditions and the alternate date, if approved, shall be within five (5) work days before or after the employee’s actual birthday.

Pay for Time Worked on a Holiday

SECTION 11.  Employees who work on any holiday listed in Section 10 (a) of this Article shall be paid time and onehalf plus holiday pay for the first eight (8) hours worked and double time and onehalf for all hours worked on the holiday which are in excess of eight (8).

If an employee is temporarily covering a higherrated position due to an absence or modified duty, such employee shall receive the rate of the higher position for a holiday falling during his temporary coverage if such temporary coverage immediately precedes and follows the holiday, or if the coverage occurs on the holiday (exclusive of being on call only). 

 

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Pay While in Higher-Rated Position

SECTION 12.  Employees temporarily assigned to perform any of the duties of a higherrated position will receive the higher rate of pay.  The parties acknowledge that employees in lead positions, as listed in the contract, who assist supervisors in performing certain tasks are not deemed to be performing bargaining unit work exclusively, unless mutually agreed to by the parties. 

Pay While in Lower-Rated Position 

SECTION 13.  Employees temporarily employed in lower wage rate positions shall be paid their regular hourly rates.  In case of a permanent transfer, the employees so transferred shall take the rate of the job.

Two or More Concurrent Overtime Rates 

SECTION 14.  Where particular work falls within two (2) or more overtime classifications, only the higher single overtime rate shall be paid. In the event an employee is called in to work on an overtime basis, the employee’s overtime rate will not be reduced from the overtime rate at the start of the call in, for all continuous hours worked on the call in.  For example, an employee called in to work on a Sunday on double time will continue to receive double time for all continuous hours worked on the call in even if the call in continues into Monday for which the contractual overtime rate is time and one half.  Nothing set forth herein shall preclude an employee’s overtime rate from increasing where hours worked on a call in are compensated at a higher overtime rate than the rate at the start of the call in, in accordance with the provisions of the Agreement.

Rest Period after Certain Hours of Work

SECTION 15.  When an employee on any shift is required to actually perform work for a minimum of four (4) hours within the eight (8) hour period prior to the employee's normal starting time, he shall be entitled

 

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to a paid rest period at his regular hourly rate.  Such rest period will be equal to onehalf hour for full hour worked during the eight (8) hour period prior to his normal starting time, and said rest period shall commence at the starting time.  When an employee on any shift is required to actually perform work for a minimum of six (6) hours within the eight (8) hour period prior to the employee's normal starting time, he shall be entitled to a paid rest period at his regular hourly rate on the basis of one (1) hour for each full hour worked during the eight (8) hour period prior to the employee's normal starting time. The provisions of this paragraph shall not apply on Saturdays, Sundays, Holidays or any other day on which the employee is not scheduled to work.  Employees will be entitled to eight (8) hours of rest time after working 16 hours in a 24-hour period, which shall commence when the employee is released from work.  Employees will be paid for rest time that runs into their normal work schedule.  If work is received during the timeframe an on call employee is taking rest time, the following procedure shall be followed:

1)

Work will be rescheduled, if possible.

2)

Work will be distributed to other qualified employees including Supervisors.

3)

If work is emergency (i.e. gas leak) in nature and no other options exist, the employee on rest time will be assigned the work.

LNG Plant Coverage Premium

SECTION 16.  Employees assigned to the LNG plant will be paid a one-dollar per hour premium when performing work at the LNG plant.

Crew Leader Premium

SECTION 17.  Employees assigned as Crew Leader will be paid a three-dollar per hour premium.

 

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ARTICLE IV

Working Schedule

SECTION l.  The regular work week shall consist of forty (40) hours scheduled at eight (8) hours per day.  The regular work weeks shall be scheduled as follows:

 

Monday through Friday

Tuesday through Saturday

 Employees shall be assigned to work a straight eight (8) hour workday; employees shall receive a total of thirty (30) minutes of paid break period(s), but employees shall not be entitled to any other break periods during the eight (8) hour workday.  CCC employees shall be assigned to work an eight (8) hour working shift, including a thirty (30) minute paid break period, and the option of an unpaid lunch break, subject to supervisory approval, but the employees shall not be entitled to any other break periods during the eight (8) hour workday.    The time for beginning the meal period shall be within five (5) hours of starting time, and such meal period shall not be less than thirty (30) minutes, nor more than one (1) hour.  Field employees shall take their breaks within their assigned work area.

Establishment of Shifts

SECTION 2.

a)        The Company may establish, maintain during such period or periods as it deems advisable, and discontinue shifts in any department or departments.  In the event that the Company establishes shifts to be worked by employees in the bargaining unit, qualified employees in the classifications subject to the shifts shall be given their choice of the shifts to be worked in order of their seniority.  In the event that an insufficient number of employees volunteer to work shifts that have been established by the Company, if there are temporary employees working in the department who are qualified to cover the shifts, they will be assigned

 

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to them, and if there are an insufficient number of temporary workers to cover the shifts, junior qualified employees shall be assigned to them by the Company.  If such shifts are established, the Company will pay a shift differential of two dollars ($2.00) for all employees assigned to the second shift and to the third shift.

b)  “First,” “Second,” and “Third” shifts shall be defined as follows:

(1)	“First” shift shall include all shifts scheduled to start between 6:00A.M. and 10:00 A.M.

(2)	“Second” shift shall include all shifts scheduled to start between 11:00 A.M. and 3:00 P.M.

(3)	“Third” shift shall include all shifts scheduled to start between 5:00 P.M. and 7:00 P.M.

c)  If an employee is not entitled to shift differential during his regularl scheduled hours, he will not receive a shift differential during over time hours.

d)  In the event that the Company decides to establish a new shift or change a current shift, it will notify the Union at least thirty (30) days in advance of the implementation of the shift and if the Union requests, the Company will discuss with Union representatives the shift hours to be implemented.

Mileage and Travel Time on Change in Reporting Location  

SECTION 3.  The Company’s service territory shall be divided into two territorial areas:

- Berkshire County (Western Division)

- Greenfield (Eastern Division)

 

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Employees may be assigned to report to any location at the beginning of the workday which is within the territorial area to which the employee is regularly assigned and any employee so assigned with either twenty-four (24) hour notice or by the end of the employee’s last scheduled workday before the change will not be paid mileage or travel time.  If an employee is temporarily assigned to report to any location at the beginning of the workday which is in the territorial area other than the one to which the employee is regularly assigned, the employee will be paid mileage and travel time.  The Company will exercise its reassignment rights in good faith.

Use of Personal Vehicles on Company Business

For those employees who drive their personal cars,  on Company business, for all miles driven that day the mileage reimbursement rate shall be at the rate established by the Internal Revenue Service (IRS).  Changes in the rate will not be retroactive, but will take effect at the time when a change in the rate is announced by the IRS.

Reimbursement of Expenses

The Company will reimburse any employee for outofpocket expenses for parking meters, phone calls and postage which are incurred by said employee due to Company business.

Employee's Notice of Absence  

SECTION 4.  Any employee who expects to be absent from work for any cause must notify Dispatch as soon as possible, but in no case less than one (1) hour, where reasonably possible, before his regular time for starting work, stating the cause of absence and when he expects to be able to return to work.  Any employee who fails to comply with the foregoing provisions shall not be entitled

 

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to any pay for the day on which the absence occurs which he otherwise would be entitled to under any of the provisions of this Agreement, nor for any subsequent day on which he is absent unless and until he shall have given notice thereof in accordance with the foregoing provisions.  Notice once given shall apply for as many days as the employee giving the notice shall designate at the time of giving such notice.  Nothing contained in this Section shall be construed to require the Company to pay an employee for any time not worked which is not specifically provided for under the terms of this Agreement.  When an employee is returning to work after being absent, he will notify the Company as far in advance as possible of the date of his return to work, but in no case shall such notice be less than one (1) hour prior to the start of the employee's regular schedule on the date of his return.

 

SICK TIME MANAGEMENT

SECTION 5.  Employees are a very important Company asset for achieving effective customer service and related productivity on a daily basis.  However, this value is compromised whenever employees are absent from work.  Therefore, regular attendance is the responsibility of all employees and is a condition of employment.

Employees are responsible to satisfy the Company that their absence is warranted.  Failure to do so can result in loss of pay (if applicable) for the absence period and may lead to corrective disciplinary action, up to and including termination of employment.

Definitions

For the purpose of this agreement, an absence (or incident) means any consecutive duration of absence due to sickness (including a partial sick day).

 

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An absence or incident does not include any time out of work that is covered by the state Workers’ Compensation Act, Federal Family and Medical Leave Act (FMLA), Massachusetts Small Necessities Leave Act (SNLA), or pre-approved partial-day allowances (paid or unpaid) for medical appointments.

Employee Responsibilities

1.  In accordance with Article IV, Section 4, notify Dispatch directly of the absence.  Employees shall give such notice personally to Dispatch at least one hour prior to the start of their normal workday.  The only exception to these requirements would be extenuating circumstances that are acceptable to supervision.

2.  Speak with supervision daily while absent (unless other arrangements have been made with supervision).  If leaving a voice message for supervision, identify how supervision can contact the employee during the absence period.

3.  Provide documentation as required by supervision (e.g., doctor’s note) in a timely manner. Employees are responsible for the payment of any medical expenses not covered by their health insurance coverage that they incur for providing the Company with necessary medical documentation and information.

4.  Obtain advance approval from supervision for any paid or unpaid time off, including a partial day allowance for a medical appointment.

Supervisor Responsibilities

1.  Supervisors will monitor the attendance record of direct reports at least monthly by running or requesting the available electronic absence history report.  One important reason for such regular monitoring is to determine the need to address an absenteeism issue with an employee prior to it reaching a more serious level; another reason is to provide positive recognition to employees who have little or no absenteeism.

 

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When an employee has incurred five or more separate incidents of absence of any duration, as defined above, in the prior rolling 12-month period, supervision will assess the need to discuss this record with the individual and the Union following the guidelines below.  In making this assessment, supervisors should consider the nature of the incidents and any previous discussions related to the employee’s attendance.

2.  Supervision will address each unauthorized absence with the employee.

Supervisor and Union Meeting with Employees

1.  The purpose of this joint meeting is to stress the importance of the employee’s regular attendance, to determine the cause or causes of the absenteeism with shared data, and to identify whatever action may be necessary to ensure improvement in the employee's attendance.  Consistent with this purpose, supervision and the Union will cover the following points, which should be documented in the employee’s local file:

a.  Explain how the employee’s absence negatively affects the section's operations (e.g., increased costs, disruption of work schedules, shift coverage, reduced productivity).

b.  Identify the cause(s) of the attendance problem and provide appropriate guidance.

c.  Seek the employee's commitment to achieve regular attendance.

d.  Develop, if appropriate, a timetable for when the problem is to be resolved.

In many cases, this joint meeting should prove to be successful in resolving the attendance problem.  If not, supervision will take appropriate corrective action after consultation with the Union.  All discipline for sickness related absenteeism shall be subject to the “just cause” standard.

 

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Reassignment of Distribution Crews during Inclement Weather 

SECTION 6.  During any period of time when weather conditions shall prevent employees of the Distribution Department from performing their regular duties, the Company may assign them to other duties, but without loss or reduction of pay by reason of such weather conditions.  When under such conditions employees are scheduled for work on a Saturday they will be guaranteed at least four (4) hours' work at the applicable rates.

Distribution of Overtime Work  

SECTION 7.  Emergency and overtime work shall be distributed fairly among the eligible employees so far as is practicable.  Overtime work is to be given to the regular employee on the job, if available.  If the regular employee is not available the overtime work is to be given to another qualified employee in the same department, before calling an employee from another department.  A probationary employee may work unscheduled overtime if contiguous with their regularly scheduled workday.  In the event that the Company assigns the wrong employee from the overtime list to work, the Company's error shall be remedied in the following manner:

In any calendar quarter, the first such error in a department shall be made up by the future assignment of overtime work to the employee by-passed on the overtime list.  For any subsequent errors in overtime assignments in a calendar quarter in a department, the bypassed employee shall be paid for the hours of overtime the employee missed due to the error.

Temporarily Assigned Employees  

SECTION 8.  Employees that are temporarily transferred to another department shall continue to maintain their primary department designation for all aspects of determining seniority in their primary department, overtime and on call status.

 

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An employee, currently pulling call in their primarily assigned department, and temporarily assigned to another department, will maintain their primary department’s on-call status while working in the temporarily assigned department.

An employee temporarily assigned to another department may receive overtime in the temporarily assigned department on an “as-available” basis.  Therefore if an employee is “on-call” for their primary department, they will be unavailable to perform overtime work in the temporarily assigned department.

Assigned department seniority will be utilized in identifying department working schedules and shift work as it relates to transferred employees.  Transferred employees will work the same hours as those worked in their primary department, if such hours are normal working hours or shift hours worked by the department being transferred to (i.e. employee works Monday-Friday in distribution (primary department) will work Monday-Friday in transferred department).

Should the hours of the employee’s primary department not be available in the transferred department, the employee must work the normal hours of the transferred department (i.e. the employee works Tuesday-Saturday in primary department, but Tuesday-Saturday are not normal work hours in the transferred department).

Should the transferred employee’s work hours impact the employees work schedule(s) of either affected department, seniority will determine work schedules and/or shifts.

An employee temporarily assigned to another department will continue to perform certain responsibilities (i.e. on-call, emergency response) associated with their primary department.

Employees assigned to work in another department and who work over-time in that department will have the overtime credited to the area they are primarily assigned to.

 

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The assignment of scheduled overtime work (within an employee’s primary department and division) will be based on low overtime and qualifications.  Employees who are assigned to work in another department will be placed at the bottom of that department’s overtime list.

In the event that the Company exercises its right to make a temporary transfer of an employee from one job classification to another during the term of the contract due to operational reasons, if, at the end of thirty (30) work days the employee transferred is desirous of returning to his regular classification, the Company will allow the employee to do so and replace the employee by the temporary transfer of another employee, so long as the substitution of the employee will not cause the Company operational inefficiencies as determined by the Company. The replacement of an employee on temporary transfer to another job classification for operational reasons will be considered under the foregoing procedure every thirty (30) work days.

Exception:

Thirty (30) day rule does not apply to Crew Laborer position. Crew Laborers may be assigned to other departments performing various bargaining unit work during the length of the off-season.

ARTICLE V  

Vacation Allowance  

SECTION 1.  Employees of the Company will be allowed vacation computed as follows:

(a)  Any employee who has been continuously employed for six (6) months in any calendar year shall receive three (3) days' vacation with pay.

(b)  Any employee who has been continuously employed for more than one (1) year, but less than five (5) years in any calendar year shall receive two (2) weeks' vacation with pay.

 

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(c)  Any employee who, in any calendar year shall reach the anniversary date of his fifth (5th) year of continuous service with the Company, shall receive two (2) weeks' vacation with pay.  In addition thereto, each such employee shall receive another week's vacation with pay at such time as the same may be scheduled by the Company, and such third (3rd) week shall not necessarily be consecutive with any other vacation taken by or allowed to such employee.

(d)  Any employee who, during the calendar year, shall reach the anniversary date of his tenth (10th) year of continuous service with the Company shall receive two (2) weeks' vacation with pay; in addition thereto each such employee shall receive two (2) other weeks' vacation with pay at such time as the same may be scheduled by the Company, and such other two (2) weeks shall not necessarily be consecutive with any other vacation taken by or allowed to such employee.

(e)  Any employee who during the calendar year, shall reach the anniversary date of his twentieth (20th) year of continuous service with the Company, shall receive two (2) weeks' vacation with pay; in addition thereto, each such employee shall receive three (3) other weeks' vacation with pay at such time as the same may be scheduled by the Company, and such other three (3) weeks shall not necessarily be consecutive with any other vacation taken by or allowed to such employee.

Scheduling of Vacations

SECTION 2.  It is agreed that based upon seniority vacations may be scheduled by the Company, with those employees having longest seniority having their choice of dates.

(a)  Employees who have thirty (30) or more years of continuous service with the Company shall be entitled to schedule their first three (3) weeks of vacation in a calendar year, in the same manner as that provided for in Article V, Section 1, paragraphs (c) - (e) of the agreement for the scheduling of employee’s first two (2) weeks of vacation.

 

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(b)  The establishment of other guidelines is necessary in order to continue furnishing our customers with the best possible service and to insure that our employees receive their appropriate vacations.

(c)  If all vacation time cannot be taken during the current calendar year due to extenuating circumstances related to workload/special projects, if the employee is out due to illness, workers’ compensation or injury, or by employee request, subject to Company approval, equivalent vacation time, up to a maximum of forty (40) hours, can be carried over to the next calendar year.  In cases of extended medical leave, more than forty (40) hours of vacation may be carried over or paid out, as approved by the Company based on scheduling requirements.  However, such carryover vacation shall not supersede the primary and secondary vacation weeks, as referenced in subsection (c) below.  If employees do not use their carryover vacation by December 31 of the following year, their carryover vacation time will be forfeited.  Unused carryover vacation will be paid out only in extenuating circumstances related to workload/special projects, or if the employee is out on illness, workers’ compensation or injury. 

(d)   Vacation preference slips will list primary and secondary vacation weeks.  As in the past, the primary two weeks, whenever they might be requested, will be scheduled according to seniority, subject to the following limitations:  emergencies and abnormal operating conditions.
 

(e)  The following define the maximum number of employees who can be on vacation at the same time:

 

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Pittsfield Distribution Two (2) employees per week November through March and three (3) employees per week April through October.

Production Department inclusive all areas:  Two (2) employees per week.

North Adams and Greenfield Distribution Departments:

Two (2) employees per week.

Customer Care Center (CCC)

No more than three (3) employees in the Department may be on vacation in any week at the same time; of which:

(a)   No more than two (2) Customer Billing Specialists may be on vacation in any week at the same time.

(b)   No more than one (1) Customer Care Clerk may be on vacation in any week at the same time.

Exceptions to any of the above limitations may be approved on an individual basis by management as workload permits.

Secondary vacation weeks, subject to the above limitations will be scheduled as in the past, except that if so many weeks of vacation are requested by employees in the summer and fall months that work scheduling or other operational difficulties occur, the Company will request that employees in order of their seniority reschedule some of their secondary vacation entitlement to the spring or fall.  In the event that a sufficient number of employees do not voluntarily reschedule their vacations so as to eliminate the work scheduling or operational difficulties the Company reserves all of its rights under the Agreement with respect to vacation scheduling.

 

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Effective Date		Dollar amount per month per year of service
October 1, 2014		$	56
October 1, 2015		$	58
October 1, 2016		$	63

	Age	Reduction Factors
	62	100%
	61	100%
	60	100%
	59	97%
	58	94%
	57	91%
	56	88%
	55	85%

Employee Contribution	Company Contribution
1%	1%
2%	1.5%
3%	2.0%
4%	2.5%
5%	3.0%
6%	3.5%

the Plan’s auto-enrollment provisions.  Such employees will be provided with the following matching 401(k) Plan contributions by the Company:

The maximum employee contribution shall be that allowed by the 401(k) plan document.  The 401(k) plan shall include employee loan provisions as provided for in the Memorandum of Settlement signed by the parties on March 30, 1996.

 

ARTICLE XXIII  

Flexible Spending Account

SECTION 1.   The Company will continue to provide employees with a Flexible Spending Account as authorized by Section 125 of the Internal Revenue Code.  This Plan will make available to employees pretax payment of medical, child care, and elderly care costs.

ARTICLE XXIV 

 Safety and Health 

SECTION 1. The parties jointly recognize the obligation and value in providing a safe and healthful working environment for all employees.  The parties recognize their obligation to cooperate to establish, maintain and improve both the safety culture and work environments.  The parties agree to use their best joint cooperative efforts to achieve these objectives.

 

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Management and the Union recognize that the safety of employees is the first and   top shared priority of the parties and will together strive to achieve industry leading results. Every employee is individually responsible and will commit to follow established safety rules, prudent work practices, and regulations to ensure their own safety, as well as the safety of co-workers and the public we serve.

As a joint and sustained priority, employee safety will be supported by proper ongoing training, by open communications and by a collective agreement that employee safety is a cornerstone to the success of our business.   Every employee will assume a proactive role by being conscious of and applying all established safety rules, prudent work practices, and regulations. Additionally, all employees will be expected and empowered to identify and correct hazards on the job to promote safe work environments and culture.

The Company is accountable for providing employees with the training, work processes, tools and equipment appropriate and necessary for them to perform all job duties in a safe and productive manner.  Employees will be responsible for properly using, maintaining and returning Company provided tools and equipment.  All work performed and/or services provided must be completed using the necessary time, proper equipment and required procedures as needed to assure individual, group and public safety.

The parties agree to work together to foster an environment and culture that support safe work practices.  To accomplish this, the parties will have joint representation on both the UIL Safety Council (USC) and Berkshire General Safety Committee (GSC) for the purpose of developing excellence in safety and addressing safety concerns. Additionally, open safety meetings will be held regularly at the department and/or geographical level to allow all employees to have a direct voice in the safety process.   (The Joint Safety Program Organization Roles and Responsibilities structure describes the USC and GSC committees. The process for employees to identify and communicate safety and related issues is outlined in the Joint Safety Program Handbook.)

 

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The union representatives of BGC participating on the USC will be comprised of the Union Safety Officer and the local unit president or his designees.

The Berkshire GSC will be comprised of joint Union and Management representation from various functions and localities of the Company.  The Lead Safety Specialist and the Union Safety Officer will jointly lead the business GSC. The GSC will address company-wide business and also unresolved issues from departmental and/or geographical level safety meetings. Employees will be encouraged to provide information that could improve the effectiveness of safety rules or work practices by communicating with any GSC committee member or through active/direct participation at departmental/local safety meetings.  The parties will agree to jointly set the schedule for ongoing GSC and local safety meetings. 

ARTICLE XXV

Joint Union-Management Partnership 

Partnership

The Company and the Union have reviewed their relationship and recognize that their mutual success as partners is determined by keeping each other informed and by their ability and willingness to work together to address their interests in meeting the challenges the Company faces in a changing human resource, customer, technological, competitive, legislative, and regulatory environment.

Purpose

The parties recognize that they have mutual interests in satisfying the needs of customers, improving the welfare and satisfaction of employees, and improving Company performance. In this spirit the parties hereby commit to implement, sustain and improve the JUMP.  The par-ties further recognize that the interests of employment security, fair and equitable total compensation, personal capability development, and job opportunities go hand-in-hand with the interests for increasing customer

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satisfaction, sustaining Company financial  success, improving competitiveness, and meeting or exceeding regulatory requirements. The parties further recognize that interests will best be served by using the Levels of Union Involvement by Topic Area (the “Levels of Union Involvement”) -- Exhibits I and II in their joint work.  The parties agree that to achieve these ends they must continue to use new and creative approaches to furthering the JUMP, the work culture, and work practices throughout the Company.  To monitor the progress of this effort, the Joint Negotiating Committee will discuss the JUMP process as a standing agenda item at their monthly meetings.

Basic Agreements

The parties agree to work together regarding actions that impact employees and their work, including, but not limited to, the following:

●	Developing the capability in Union and Management leadership to use the interest-based problem solving approach (“IBPS”).

●	Recognizing when and how to carry out the Levels of Union Involvement.

●	Reconciling issues and grievances at the local level, whenever appropriate.

●	Continuing to transform the work culture to one of cooperation and ongoing improvement.

The Union and Management leadership recognize that the interest-based approach must take place at all levels of the Company.  Therefore, during the term of the Agreement, the parties will meet in February of each calendar year to jointly set objectives and implementation plans for furthering the development of IBPS capabilities in supervision, Union representatives and other bargaining unit employees during the remainder of that year.  These objectives will include the joint development, prioritization and implementation of IBPS training and refresher training, with an ongoing focus on improving the parties’ abilities to resolve more issues at the first two steps of the Grievance Procedure.  Union and Management leadership share the expectation that on a daily basis super-

 

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vision, Union representatives and other bargaining unit employees will endeavor to work effectively and efficiently at finding the best solutions consistent with the Levels of Union Involvement.

The parties also expect that when joint committees are formed to solve problems or address improvement opportunities, they will always adhere to these fundamental requirements:

●	Mutual understanding of the appropriate Level of Union Involvement applied to the specific topic.

●	Fair representation of both parties.

●	Shared agenda related to the topics to be discussed.

●	Agreement on when meetings will be held to accommodate participant work schedules and implementation demands.

●	Shared written record of the meeting for later reference.

The parties commit to remain active in the JUMP for the term of the Agreement.  In the case of disagreements that put the Partnership at risk, the parties agree to use IBPS in a good faith effort to find a resolution that permits the Partnership to continue.

 

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EXHIBIT IILevels of Involvement Between Union and Management 1 PartiesUnilateral Management Decision 2 Management InformsUnion 3 Management Asks Union To Provide Feedbackon Solutions Already Developed By Management 4 Management Asks For Union Involvement In Helping to Find Solutions 5 Management Asks For ActiveUnion Involvementin Planning and Implementatio 6 Consensus Decision MakingBetween Parties UNILATERAL FEEDBACKUNILATERALManagement decides without consultation with the Union. The decision may or may not be communicated. INFORM INVOLVEMENTManagement informs the Union after the decision has been made by Management but before it is implemented PROVIDE FEEDBACK Management presents to the Union solutions it has developed to address a problem or issue. Management asks the Union to comment and to provide feedback and input regarding the solutions it has developed prior to Management implementing the solutions. HELPING FIND SOLUTIONS Management asks the Union to work with Management to find and refine solutions. Management will determine the solution to implement and carry out the solution.ACTIVE INVOLVEMENT Management, as ultimate decision maker, asks the Union to work with Management to develop solutions, to assist in assuring effective implementation, and to monitor progress. Implementation CONSENSUS DECISION MAKING (FULL PARTNERS IN DECISIONS) Management and the Union are full partners in reaching final decisions, formulating plans, monitoring results, and taking corrective action.

 

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ARTICLE XXVI

Successors and Assigns

SECTION 1.  This Agreement shall be binding upon the parties hereto and the successors and assigns of each.

 

THIS AGREEMENT made and entered into by authorized representatives of the Company and the Union.

 

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FOR LOCAL UNION 12325-1

Date:   October 1, 2014

 

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SCHEDULE"A"

Job classification and regular hourly rates established pursuant to this Collective Bargaining Agreement:

 

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*non-progression positions

 

Effective April 1, 2015, any employee who is in a classification at a pay rate greater than what is listed in "Schedule A" of this agreement, shall be grandfathered at their current rate of pay but will be eligible for all general wage increases agreed to by the parties

The following shows those classifications which may be achieved through progression and those which may only be achieved through the Company's posting of a vacancy.

Crew Laborer*

 

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*These are non-progression jobs

 

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DAY-ONE REQUIREMENTS  

Day-One requirements for positions are outlined below:

PRODUCTION General Summary of Day-One Requirements

Production Utility III

●

DC circuits/electronics proficiency

●

Demonstrate aptitude and fitness per job posting requirements

Production Utility II

●

Standby rotation / Production

●

OQ Tasks

●

Demonstrate aptitude and fitness per job posting requirements

Production Utility I

●

OQ Tasks

DISTRIBUTION General Summary of Day-One Requirements

Crew laborer

●

Driver’s license

●

Demonstrate aptitude and fitness per job posting requirements

Utility III

●

Hoisting License

●

Class A/B driver’s license

●

Demonstrate aptitude and fitness per job posting requirements

 

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Utility II

●

Hoisting License

●

Class A/B driver’s license

●

Standby rotation Distribution

●

OQ Tasks

●

Demonstrate aptitude and fitness per job posting  requirements

Utility I

●

OQ Tasks

Working Distribution Leader

●

Assist department supervisor with developing, coordinating work assignments and training

●

Department records and associated paperwork

SERVICE General Summary of Day-One Requirements

Service III

●

Demonstrate aptitude and fitness per job posting requirements

Service II

●

Standby rotation Distribution

●

OQ Tasks

●

Demonstrate aptitude and fitness per job posting requirements

●

Journeyman’s gasfitters license

Service I

●

OQ Tasks

 

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Service Leader

●

Assist department supervisor with coordinating work assignments along with developing and training employees

●

Department records and associated paperwork

CCC General Summary of Day-One Requirements

Lead Customer Care Representative

●    Associates degree in Business or related field; or five (5) or more years of relevant work experience will be considered.

●    Must be/have been a fully progressed utility Customer Care Representative I for a minimum of one year with demonstrated ability to perform all Job Requirements as indicated within this Skills/Abilities section along with meeting all other experience/training and education requirements indicated below; and/or pass a minimum skills requirements test for the position.

●    Five (5) years of experience working in a customer service environment that includes two (2) years of experience working in a Call Center

●    Must possess thorough knowledge of customer service practices, policies and procedures, including customer billing and accounting and rates

●    Must have thorough knowledge of MDPU regulations pertaining to credit and collection, company programs, and services

●    Must be proficient in use of the SAP customer information system

●    Experience/knowledge of the Interactive Intelligence (ININ) phone system

●    Ability to provide guidance and assistance to co-workers in order to achieve company goals and objectives

●    Must have highly developed verbal and written communication skills along with effective interpersonal skills and ability to listen, empathize, and interact well with both employees and difficult customers during situations requiring tact and persuasion.

●    Must possess strong problem-solving skills with the analytical ability to evaluate complex situations with responsive decisions and follow up as needed to take appropriate actions while working without close supervision.

 

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●    Strong PC skills are required along with proficient knowledge and use of Microsoft Excel and Word applications; knowledge in PowerPoint is a plus

●    Must possess superior arithmetic skills and ability to use a calculator

●    Must have good organizational skills and the ability to handle multiple tasks with frequent interruptions and changing priorities

●    Must be highly productive and results oriented

Customer Billing Specialist

●    High school diploma or equivalent GED

●    Must be/have been a fully progressed utility Customer Care Representative I for a minimum of one year with a thorough knowledge of the Company billing policies, practices, rate applications and service orders as required to resolve billing issues and/or accurately calculate bills and have demonstrated the ability to perform all Job Requirements as indicated within this Skills/Abilities section along with meeting all other experience/training and education requirements indicated below; and/or pass a minimum skills requirements test for the position.

●    Three(3) years of experience working in a customer service environment that includes two (2) years of experience working in a Call Center

●    Must possess thorough knowledge of customer service practices, policies and procedures, including customer accounting, billing, and rates

●    Must have thorough knowledge of MDPU regulations pertaining to credit and collection, company programs, and services

●    Must be proficient in use of the SAP customer information system

●    Experience/knowledge in use of the Interactive Intelligence (ININ) phone system

●    Possess strong verbal and written communication skills

●    Effective problem-solving skills with attention to detail and the analytical ability to evaluate complex data and apply good judgment to take appropriate follow up actions as needed while working without close supervision.

●    Strong PC skills are required along with proficient knowledge and use of Microsoft Excel and Word applications

 

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●    Must possess superior arithmetic skills and ability to use a calculator

●    Must have good organizational skills and the ability to handle

multiple tasks with frequent interruptions

●    Must be highly productive and results oriented

Customer Care Representative III, II, I

●     High school diploma or equivalent GED

●     Two years customer service, billing or  collections experience

●     Knowledge of Billing and Collections preferred

●     Knowledge of SAP preferred

●     Effective verbal and written communication skills required

●     Typing, PC, and Phone Skills needed

●     Experience/knowledge in Microsoft Excel and Word applications is a -must

●     Good organizational /analytical skills needed and ability to multi-task

●     Ability to work in a fast paced environment

●     Must be able to maintain professionalism while working under pressure

●     Bilingual in Spanish a plus

Customer Service Clerk

●    High school diploma or equivalent GED

●     Two years customer service experience

●     Knowledge of Billing and Collections preferred

●     Knowledge of SAP preferred

●     Effective verbal and written communication skills required

●     Typing, PC, and Phone Skills needed

●     Experience / knowledge in Microsoft Excel and Word applications is a must

●    Good organizational / analytical skills needed and ability to multi-task

●    Ability to work in a fast pace environment

●    Must be able to maintain professionalism while working under pressure

●    Bilingual in Spanish a plus

 

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JOB DUTIES

 

DISTRIBUTION General Summary of Job Duties for progression to next level for Utility III, II, I, Crew Leader and Working Distribution Leader

Crew Laborer

●     Operation of Department vehicles

●     Safety knowledge

●     Provide departmental support

Utility III

●     Hoisting license & operation

●     Operation of Department vehicles

●     Operation of Department equipment

●     Mechanical potential

●     Safety knowledge

●     Environmental awareness

●     Standby “on-call” rotation

Utility II

●     Distribution facilities maintenance, repair and installation

●     Mueller tapping, stopping, bypassing

●     Compressors  Tooling

●     Pressure recorders

●     Purging gas and air from pipeline

●     Principles of corrosion control

●     Underground Facility locating

●     Leak Response

●     Eastern Division: perform daily LNG inspections

 

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Utility I 

●     Diagnose AOC’s

●     Pinpointing system leakage

●     Department record keeping

●     Leadership

●     Environmental awareness

●     Compliance inspections

●     Policies and work procedures

●     Eastern Division; LNG Plant Operational support & maintenance

Working Distribution Leader

●    Assist department supervisor with coordinating work assignments along with developing and training employees

●    Department records and associated paperwork

Crew Leader (CL)

●    Will be a “competent person” as defined by OSHA.

●    Assigned to distribution related projects e.g. Mains and services repair, replacement or new installation work.

●    One (1)CL per job site, three (3) person team, (operator, laborer, with a Crew Leader), team may have additional help depending on scope of work, all employees on job may be of same classification e.g., utility 1 (intent is to staff with  junior person for On Job Training).

●    Will take lead on identifying, safety issues, potential hazards, work procedures associated with job and immediately take action to correct problems or situations as they arise.

●    Will be responsible for job briefing, tailboards, timesheets and proper completion of all paperwork associated with the job assignment and police details.

●    Will not be designated for assignments such as; leak surveys, dig safes, yard work and training, inclement weather assignments, shoveling of facilities or general 2 person assignments.

●    Assignments are for the entire job which may range from less than one day r to multiple days including OT. The assignment may not be 

 

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transferred or backfilled without supervisor approval and will not be backfilled for short term absences during the day. 

●    Criteria for Crew Leader Position

(a)  Seniority (all CL’s will be assigned through rotation starting with the most senior employee)

(b)  Availability for complete project assignment

(c)  Performance (to be determined periodically by joint Review Board)

(d)  Must be Utility I

PRODUCTION General Summary of Job Duties for progression to next level for Production Utility III, II, I & Working Production Leader

Production Utility III

●     Electrical and Mechanical potential

●     Production Plant maintenance & repairs

●     Operation of Department vehicles

●     Operation of Department equipment

(a) Pressure recorders

(b) Other work assignments, Etc.

●     Combustible gas indicator operation

●     Principles of regulation

●     Product transfers (Propane)

●     Safety knowledge

●     Environmental awareness

Production Utility II

●     District regulation and maintenance of equipment

●     Maintenance of production equipment

(a) Compressors

(b) Vaporizers

(c) Mixing Unit

(d) Odorization equipment and maintenance

●     Operation of Production Plants

●     Operation of telemetering

 

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●     Maintenance of SCADA

●     Leak response

●     Standby “on-call” rotation

Production Utility I

●     Leadership

●     Compliance inspections

●     Diagnose Production equipment problems

Working Production Leader

●     Assist department supervisor with coordinating work assignments along with developing and training employees

●     Department records and associated paperwork

SERVICE General Summary of Job Duties for progression to next level for Service III, II, I, Service Leader

Service III

●     Assist personnel of higher grade

●     Operation of Department vehicles

●     Operation of Department equipment

●     Utility facility work

(a)  Meter work

(b)  Customer service skills

(c)  Collections

●     Mechanical potential

●     Safety knowledge

●     Environmental awareness

Service II

●     Utility facilities maintenance, repair and installation

●     Journeyman’s gas fitters license / apprentice program

●     Leak Response

●     Standby “on-call” rotation

●     Compliance surveys/inspections

●     Policies and work procedures

 

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Service I

●     Diagnose system problems

●     Pressure related issues

●     Department record keeping

●     Project assignments

●     High Input start-ups and strong code knowledge

●     Strong Leak investigation skills

Service Leader

●     Assist department supervisor with coordinating work assignments along with developing and training employees

●     Department records and associated paperwork

●     Assist with resolution of elevated customer complaints and utility issues

CUSTOMER CARE CENTER PROGRESSION 

Customer  Care Center Progression

1.  The Customer Care Center Progression consists of three (3) pay grades in the Job Classification of Customer Care Rep:

Customer Care Rep -  I

Customer Care Rep -  II

Customer Care Rep -  III

2.  In order to be deemed qualified to fill the position of Customer Care Representative I, II, III, an applicant must meet the day-one requirements in Schedule A. 

3.  Progression from Customer Care Rep III to Customer Care Rep II, and Customer Care Rep II to Customer Care Rep I, shall each be based on the following criteria:

 

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a.  Request for progression submitted by the employee after having completed work at the lower grade for the minimum time requirement indicated in the progression timetable of “Schedule A”; and

b.  Upon approval for progression by the joint Review Committee after evaluation of the employee’s oral review and written test, hands on test, call monitoring and employee evaluation.

4.  Applicants for progression, after completion of the minimum time in each step, which is set forth in paragraph 3.a. above, may submit a request for progression.  If an employee fails an evaluation they may request re-evaluation 3 times within the next 6 months beginning with the date of failure and with a minimum of 30 days between requests for re-evaluation.

5.  Customer Care Reps who transfer from one of the other UIL companies to Berkshire Gas OR Berkshire Gas employees who previously held the classification of Customer Care Rep and who fill a vacancy as a Customer Care Rep III, will be eligible to advance to Customer Care Rep II, or Customer Care Rep I after three (3) months on the job and approval for progression by the joint Review Committee in accordance with the criteria set forth in paragraph 3.b. above.  Employees denied approval for progression may submit future requests at intervals indicated in paragraph 4.

6.  The joint Review Committee shall consist of one (1) Lead Customer Care Rep and one (1) Customer Care Rep I and two (2) Company Super-visors/Managers.  In the event that the Review Committee deadlocks on a decision as to the progression of an individual, the final decision shall be made by the Company, subject to the Union’s right to grieve and to arbitrate.

7.  Once an employee becomes classified as a Customer Care Rep at any step of the progression for that classification, the employee will be required to progress to Customer Care Rep I and to be fully qualified

 

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to perform all of the required duties, functions and responsibilities of Customer Care Rep I within a three (3) year period of time from the date on which the employee first became classified as a Customer Care Rep at any step.  If, at the end of said three (3) year period of time, the employee has not progressed successfully to Customer Care Rep I, or if at any time while in progression an employee has failed to progress and, as a consequence, it becomes known that the employee will not be able to progress to Customer Care Rep I within three (3) years, the Company will meet with the Union and with the Union’s input develop a ninety (90) day remedial training plan for the employee who it has been determined is unable to progress.  At the end of the remedial training period, the Company will determine whether the employee will be able to progress and, if the Company determines that the employee will not be able to progress, the employee may bid on any open position in the bargaining unit which the employee is qualified to fill or, if there is a Customer Care Clerk who is qualified and desirous of entering into the customer representative progression, to substitute for that employee in the Customer Care Clerk position.  If there are no open positions in the bargaining unit which the employee is qualified to fill, or the employee is unable to substitute into the Customer Care Clerk position, the employee shall be laid off with recall rights in accordance with Article VII, Sections 1(d) and (e) of the Agreement.  The provisions of this paragraph will not be applicable to any employee who was a regular employee in the CCC progression as of October 1, 2014.  Any employee who is removed from the CCC progression in accordance with this provision shall not have the right at any time in the future to be re-employed by the Company in the CCC progression and no employee in the CCC progression shall receive more than one (1) ninety (90) day remedial training period, unless mutually agreed to by the parties.

 

8.  The use of tapes or monitoring can be used for disciplinary purposes with the Unions right to grieve and arbitrate.

 

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WHATELY LNG PLANT OVERTIME

LETTER OF UNDERSTANDING

October 1, 2014

 

Dear Messrs. Ferriter and Finnigan:

The Company will staff the Whately LNG plant with two bargaining unit employees when the weather conditions require higher hourly flow rates to maintain adequate system pressures in Greenfield.  The need for this support will be determined by Company management when the plant is running and the HDD is 50 or above.

When the weather conditions dictate the need to staff bargaining unit employees at the plant for operational support (i.e., requirement deter-mined by 3:30 p.m. the day prior to operation) the assignment will be made to the employees from the Greenfield Distribution department who are qualified and who are the low persons on the overtime list.

From time to time, the Greenfield Distribution Department will have other daily priorities (i.e., Class I leaks) that could require all of their available resources.  When this situation occurs, it directly affects the ability to unload LNG.  Therefore, the Company will use employees from the Greenfield Service Department, as needed, to assist with the unloading of LNG with a qualified Greenfield Distribution employee.

Annually in the Fall, the Company will provide operational, procedural, and plant safety training for Greenfield Distribution and Service employees.

 

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INDEX

 

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INDEX