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PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367Section 2.3.23 Work WeekSection 2.9The work week shall consist of seven (7) consecutive calendardays commencing at midnight on Sunday night and ending atmidnight on the following Sunday night.Section 2.4Applicability of Personnel Rules OrdinanceTo the extent where there is a conflict between this Agreementand the Personnel Rules (AMC 3.30), the provisions of thisAgreement shall prevail. In the event this Agreement is silent or noconflict exists the Personnel Rules will be applicable.This Agreement is a guarantee by all parties that there will be nostrikes, lockouts, work slowdowns or stoppages, picketing or otherdisruptive activity during the life of this Agreement. The Unionfurther agrees to not sanction, aid, abet, encourage or continueany strike, work slowdown or stoppage, picketing or otherdisruptive activity during the life of this Agreement, and that theywill undertake all reasonable means to prevent or terminate anysuch activity.Section 2.10Section 2.5Non-DiscriminationIt is hereby agreed that there shall be no discrimination by theMOA or the Union against any employee for any reason pr ohibitedby law. Both the Employer and the Union shall bear theresponsibility for complying with this provision. Further, theEmployer is committed to positive, practical efforts in employment,promotion, and administration of personnel actions to ensureequal employment opportunity to all represented employees at alljob levels. The Union recognizes and supports that commitment.The remedy for violations outside of this agreement are asprescribed by law.Section 2.7GenderAll reference to employees in this Agreement designate bothsexes, and wherever the male gender is used, it means bothfemale and male employees.Section 2.8Management RightsRecognitionThe MOA recognizes the Union as the sole and exclusivecollective bargaining representative of the employees of the MOAwho are employed in a classification set forth in this Agreement.Section 2.6No Strike, No LockoutExcept as otherwise expressly provided in this Agreement, it is theright of the Municipality acting through its agencies to determinethe standards of service to be offered by its agencies; determinethe standards of selection for employment and job performance;direct its employees; take disciplinary action for just cause;maintain the efficiency of governmental operations, determine themethods, means, and personnel by which government operationsare to be conducted; take all necessary actions to manage itsorganization and utilize the necessary technology for performingits work; require overtime; determine and enforce levels ofproductivity; establish and enforce work rules, policies orregulations required by federal or state law or court order; andtake or direct any necessary actions in emergency situations, asdefined in the Collective Bargaining Agreement.Section 2.11.1 General RightsThe parties acknowledge and agree that the Union has the rightand obligation to fairly and diligently represent the legitimateemployment interests of MOA employees who are members of thebargaining unit covered by this Agreement. The Union shall haveas its representative a business representative who shall beauthorized to speak for the Union in all matters covered by thisAgreement.PluralityUnless the context of this Agreement clearly requires a differentinterpretation or construction, all references t o the singular shallalso include the plural and vice-versa.6The MOA agrees that it will not interfere with the relations betweenthe Union and MOA employees. The MOA recognizes the right ofa Union to discipline members for violation of any Union laws,rules or agreements.7

PLUMBERS AND PIPEFITTERS, LOCAL 367The MOA agrees that it will not in any manner, directly orindirectly, attempt to interfere between any employees and theUnion, and that it will not in any manner restrain or attempt torestrain any employee from belonging to the Union or from takingan active part in Union affairs, and that it will not discriminateagainst any employee because of Union membership or lawfulUnion activity.No worker shall be discriminated against for upholding Unionprinciples or for serving on a committee, and he shall not lose hisposition or be discriminated against for this reason. Any employeeappointed or elected to office in the Union which requires all of histime shall not lose his established seniority with the MOA and shallbe granted a leave of absence without pay for the duration of histerm of office upon application. The MOA need not preserve theemployee's position and will be obligated to return the employeeonly to a position in the department in which the employee wasemployed which is vacant and equal to or less than the positionwhich the employee vacated, and for which the employee isqualified. The right to return to a vacant position shall last for one(1) year from the commencement of the leave and shall besubordinate to any employment preference applicable to theposition.Section 2.11.2 Union SecurityA.B.The parties agree that it shall be a condition of continuedemployment that all employees of the MOA who arecovered by this Agreement who are members in goodstanding of the Union shall remain members in goodstanding and that those employees of the MOA who arecovered by this Agreement who are not members in goodstanding of the Union shall become and thereafter remainmembers in good standing on or before the thirtyfirst (31st) calendar day following the date of theemployee's employment by the MOA or the effectivedate of this Agreement, whichever occurs later.The MOA will, fourteen (14) calendar days after receipt ofa written request from the Union, terminate theemployment of an employee who is alleged to have failedto maintain his membership in good standing as required8PLUMBERS AND PIPEFITTERS, LOCAL 367herein. The request must be delivered to the MOADirector of Employee Relations or his designee, muststate that the employee has failed to meet themembership requirements of this section 2.11.2, UnionSecurity, and must request that the employee'semployment be terminated.C.The Union agrees to indemnify, defend and save the MOAand its officers, agents and employees harmless from anyliability or loss arising out of or in any way connected withtermination of the employee's employment pursuant to theUnion's written request. The Union may withdraw atermination request at any time before the expiration of thefourteen (14) day period by delivering a written withdrawalrequest to the MOA Director of Employee Relations or hisdesignee.Section 2.11.3 Dues Check OffThe MOA will deduct from the wages of those employees whohave signed a dues check off authorization form approved by theMOA, on a monthly basis, the regular dues and initiation feesowed by the employee to the Union as certified by the secretary ofthe Union. The forms being used by the parties on the effectivedate of this Agreement are approved. The MOA shall forward suchdues and initiation fees to the Union by the fifteenth (15th) day ofthe month following the month in which said dues are checked off.The MOA shall use reasonable care in checking off and forwardingsaid dues and initiation fees but shall not be liable for any failure todo so other than an intentional, bad faith failure to forward saiddues and initiation fees. The Union assumes all obligations andresponsibility for the continued membership of their members andthe collection of their dues.Section 2.11.4 StewardsThe Union may appoint such stewards as are set forth below. Allstewards shall be working stewards. With prior approval bymanagement, a steward may spend a reasonable amount of timeduring working hours without loss of pay attending to Unionbusiness within the department. The duties and activities of theshop steward shall include handling of complaints and grievancesand administration of the Agreement. All of the shop steward's9

PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367wages will be borne by the MOA. Stewards must document thetime spent on union business on their timecards. Shop stewardsmay be granted leave without pay, not to exceed two (2) dayseach year for training purposes with prior approval of the agencyand the Employee Relations Director. Where there is more thanone shop steward in a location, the Union shall designate onesteward as lead.Union business representatives may conduct meetings on MOApremises only with approval of the department/agency head andonly with regard to official business affecting the MOA, itsemployees and the Union. Union business representatives mayconduct meetings of MOA employees during employee workingtime only with the express consent of the department/agency headwhose employees would be affected.Recognized Stewards as listed:Section 2.11.6 Jurisdictional DisputesAWWUOne Steward at Asplund/GirdwoodOne Steward at 3000 Arctic BoulevardOne Steward at Eagle RiverOne Steward at Ship Creek/EklutnaTwo Stewards at King StreetFacility MaintenanceDevelopment ServicesSection 2.11.5One StewardOne StewardUnion Business Representatives Visitsto Employer Work LocationsUnion business representatives may visit only those MOA facilitiesor work locations occupied by employees which the Unionrepresents, and only on official union business. Only unionbusiness representatives may visit MOA property duringrepresented employee working hours. Union businessrepresentatives may not visit such locations in connection withUnion elections or other internal union affairs.With regard to each visit, the Union must provide thedepartment/agency head which controls the location withreasonable advance written or verbal notice (not less than one (1)hour of the intent to visit and the notice must specify the reason forthe visit. The visit may not interrupt, distract or interfere with thework of employees. The department/agency head may refuse toconsent to the visit if it would unduly interfere with the work ofemployees or activities of the department or agency, or terminatethe visit if it interferes with the work of employees or activities ofthe department or agency. If the visit is refused, thedepartment/agency head must reschedule the visit at the earliestconvenient time.10Disputes which arise between the Union and another Municipalunion concerning representation of employees may be presentedby the Union(s) to the Employee Relations Board for resolution.Section 2.11.7 Administrative NotificationThe Union business representative and/or the applicable shopsteward shall be notified in writing of any Municipal directive,memorandum, rule or regulation which cover or affect areascovered by this Agreement or which affect any group ofemployees working under this Agreement. The Union businessrepresentative and/or the applicable shop steward shall be givenadequate notice by the MOA prior to the time that any committeedefined by this Agreement is convened.Section 2.11.8 Bulletin BoardsThe MOA shall provide bulletin boards, which may include anelectronic boards and/or space on existing bulletin boards asreasonably requested by the Union.Section 2.11.9 Leave Bank for Union BusinessThe Union has the right to maintain a Union leave bank throughdonations of annual leave from Union employees. Uponcommencement of negotiations for a successor contract, theMunicipality shall contribute 320 hours of leave to the Union leavebank to support the efforts of the employee members of theUnion's negotiating team. The use of Union leave shall be at thesole discretion of the Union. Authorization for use of Union leaveshall be signed by the Union's Business Manager or designee.The Union shall identify such designee(s) in writing, time off shallbe scheduled with the employees' supervisor. At the request of theUnion, the Municipality will provide an accounting of the leavebalance in the bank.11

PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367Section 2.14Separability and SavingsEffective December 31, 2002, and every December thereafter,employees who fail to take the required number of hours of annualleave, shall forfeit those hours to the Union leave bank. Thedifference between the hours actually taken and the number ofhours that should have been taken, shall be subtracted from theemployees' annual leave accounts at the end of each year anddeposited in the Union leave bank.Should it be determined by a court of competent jurisdiction thatany section of this Agreement is not in conformity with anyapplicable law, the parties shall meet and such section or portionthereof shall be suspended and amended to conform with the law.This section shall not apply so long as appeal to a higher court ofcompetent jurisdiction is in process.Section 2.12Section 2.15Complete AgreementSuccessors and AssignsThe MOA and the Union acknowledge that during the negotiationswhich resulted in this Agreement each had the unlimited right andopportunity to make demands and proposals with respect to anysubject or matter not removed by law from the area of collectivebargaining and that the understandings and agreements arrived atby the parties after the exercise of that right and opportunity areset forth in this Agreement. The MOA and the Union, for the life ofthis Agreement, agree that although they have mutually agreed todiscuss any subject relating to this Agreement or the wages, hoursand working conditions of represented municipal employees, noparty shall be obligated to reach an agreement or change anagreement with respect to any subject or matter specificallyreferred to or covered by this Agreement. This Agreementreplaces and supersedes all prior understandings, agreements,side letters, letters of amendment and unofficial employmentpolicies. Nothing in this section shall relieve the parties of theirlegal obligation to bargain in good faith with respect to mandatorysubjects of bargaining, or the right to refuse to bargain overpermanent subjects of bargaining.The terms and conditions of this Agreement shall be binding onany and all successors and assigns of the MOA, whether thesuccession or assignment is the result of a sale, transfer, merger,acquisition, consolidation, political or governmental reorganizationor transaction or change in business structure and/or reportingrelationship to the Mayor or Municipal Assembly and whether thesuccession or assignment involves all or only some of thedepartments or other work units employing employees covered bythis Agreement. The MOA shall require all purchasers,transferees, lessees, assignees, receivers or trustees of theMOA's interests or assets, or of the employees, services oroperation(s) covered by this Agreement, to expressly accept, inwriting, all terms and conditions hereof. A copy of a signed, writtenacceptance of these terms, executed by the successor or assign,shall be provided to the Union prior to the effective date of anysale, transfer, merger, acquisition, consolidation, leaseassignment, receivership, or bankruptcy proceeding.Section 2.13The overriding consideration in the establishment of productivitystandards is an honest day's work for an honest day's pay. Sincethe issue of assuring the community that it is receiving the bestservices for its money is of critical interest to both managementand labor, labor recognizes that the establishment of suchproductivity improvements is the right and obligation ofmanagement. It is further recognized that labor has a right to beinformed and participate in the implementation of productivitystandards.Amendment of AgreementThe MOA and the Union may by mutual agreement agree tomodify or amend this Agreement at any time. No such modificationor amendment shall be effective unless it has been reduced towriting, signed by bath of the parties and ratified by the AnchorageAssembly and the Union.Section 2.16ProductivityMaximized productivity is recognized to be a mutual obligation ofboth parties within their respective roles and responsibilities. Work1213

PLUMBERS AND PIPEFITTERS, LOCAL 367procedures, schedules and assignments or any other means ofincreasing productivity may be established and/or revised fromtime to time at the discretion of the Municipality so long as no rightguaranteed employees under this Agreement is violated.The Union will cooperate and actively encourage representedemployees to participate in productivity and employee incentiveprograms administered by the MOA. The Union agrees for itsmembers who are covered by this agreement that they willindividually and collectively perform safe, efficient and diligentservice and that they will use their influence and best efforts toprotect the property of the MOA.Section 2.17Contracting OutFor the purposes of this Section, "contracting out" shall mean theprocurement of goods and/or services by the MOA or any agencythereof from sources other than municipal employees. The Unionrecognizes that the MOA has statutory and charter rights andobligations in contracting for matters relating to MOA operations.The right of contracting or subcontracting is vested in the MOA.The right to contract or subcontract shall not be used for thepurpose or intention of undermining the Union nor to discriminateagainst any of its members, nor will the MOA assign, contract, orsubcontract work where such action will erode the size of thebargaining unit. The MOA further agrees that it will not lay off anyemployees of a department, who have completed theirprobationary periods and have regular employee status, becauseof the exercise of its contracting or subcontracting rights within thatdepartment.Section 2.18PLUMBERS AND PIPEFITTERS, LOCAL 367and confer shall be directed to the union business representativeor his/her designee. The principal business representative of theUnion and the MOA Director of Employee Relations maydesignate who their respective representatives shall be at themeet and confer sessions. A refusal to meet and confer by eitherparty in response to such request shall be a violation of thisAgreement. There shall be no obligation on the part of any party toreopen, modify, amend, or otherwise alter the terminology orinterpretation of this Agreement, or to make any other agreementas a result of any such conferences, nor shall the requirement forsuch conferences alter the rights or obligations of the partiesunder this Agreement.The parties recognize that the success of the MOA in conductingthe affairs of government and the job security of MOA employeesand effective admini

PLUMBERS AND PIPEFITTERS, LOCAL 367 iii ARTICLE 6 BENEFITS Section 6.1 Health Program 64 Section 6.2 Savings Plan 68 Section 6.3 Retirement 68 Section 6.4 Health Care Reform 68 Section 6.5 Pre-Tax 68 ARTICLE 7 DISCIPLINE AND RESOLUTION OF DISPUTES Section 7.1 Discipline 69 Section 7.2 Grievance Defined 71 Section 7.3 Grievance Procedure 71 .