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3:2Employees shall report to work at pre-determined assembly points and shall return thereto at theconclusion of the day’s work; and the time spent in traveling between such assembly points and the job siteshall be considered as time worked.3:3Overtime is defined as (a) time worked in excess of forty (40) hours in a workweek, (b) time workedin excess of eight (8) hours on a scheduled workday, (c) time worked in excess of ten (10) hours up to andincluding (12) twelve hours for all employees working an agreed-to four-day, ten-hour work schedule, (d)time worked on a non-workday, except as provided for in Section 5:2, (e) emergency work outside ofregular hours of work on a workday, and (f) time worked on a holiday. Overtime shall be computed to thenearest quarter hour. Nothing contained herein shall be construed to require payment of overtime undermore than one of the foregoing definitions for a single period of overtime.Overtime compensation shall be paid at a rate of pay equivalent to one and one-half times (1 ½Xs) theregular rate of pay for all hours worked in excess of eight (8) hours up to and including twelve (12) hoursworked in any workday. Compensation shall be paid at two times (2Xs) the employee’s regular rate of payfor all hours worked in excess of twelve (12) hours, until the end of the work shift. The end of the work shiftis defined as a reasonable period of time off the job.3:4Company shall not require employees who have been required to work overtime to take equivalenttime off during a workday.Employees who are required to report for emergency work on3:5(a)Emergency Work:non-workdays, or outside of their regular hours of work on a scheduled workday or on holidays which theyare entitled to have off, shall be paid overtime compensation for the actual work time and for travel time inconnection therewith, but such travel time shall not exceed one-half (1/2) hour.(b)Prearranged Overtime: When, at the request of the supervisor in charge, an employeereports for prearranged work (a) on workdays outside of his regular work hours, he shall be paid overtimecompensation for actual work time; (b) on non-workdays or on holidays he shall be paid overtimecompensation for actual work time. For the purpose of this section, prearranged work is deemed to bework for which advance notice has been given prior to the end of the employee’s normal work hours on thepreceding day. Prearranged overtime will be voluntary, except when employees are working a 10 hourschedule approved by the Company and the Union.3:6Employees who report for work as provided in Section 3.5 (a) shall be paid a minimum of two (2)hours pay at the overtime rate. Employees who report for work provided under 3.5 (b) shall be paid aminimum of two (2) hours pay, at the overtime rate even if work is canceled for any reason. However,Company will not be required to pay overtime rate if the two (2) hour minimum goes into employees regularwork hours on regular workdays.3:7Overtime work shall be distributed among employees in the same classification and in the samelocation as equally as is practicable.3:8When the Employer decides to offer a four (4) day, ten (10) hour schedule the following shall apply:(a)Employees shall vote to change to the 4 day, 10 hour a day work schedule by secret vote, withinthe affected headquarters or division, whichever is applicable. The Company shall inform employees of thestarting date and estimated stop date of the 4 day 10 hour work schedule.(b)It shall take a two-thirds (2/3) majority vote in order to implement the 10 hour schedule.4

(c)The basic workweek while on the 10-hour schedule shall be either Monday through Thursday,or Tuesday through Friday.(d)The Company may designate a non-work day during the normal workweek (M-F) as amandatory pre-arranged overtime day.(e)When possible, the Company agrees to utilize an IBEW Local Union 1245 Shop Stewardin the voting process.(f)The Company agrees to send the Union copies of all employee-voting criteria by area andvote.(g)With ten (10) days advance written notice, the Company may cancel the 4 day 10 hourwork schedule, returning to the 5 day 8 hour work schedule.ARTICLE IVINCLEMENT WEATHER4:1Employees who report for work on a workday or for prearranged work on a workday and areunable to work in the field because of inclement weather, heat or other causes, shall be paid for actual timeworked, if any, but not less than two (2) hours at straight-time rates. Employees receiving subsistence asprovided for in Section 5:2 shall continue to receive subsistence in addition to the amount provided forunder this Section.(a)The determination for laying off on an inclement day shall not be at the discretion of theForeman and the employees shall work on such days unless specifically notified otherwise by CompanySupervision.4:2Subject to approval of the General Foreman or Supervisor, those employees who, due to inclementweather or other excused absences were prevented from working forty (40) straight-time hours in a givenworkweek shall be permitted to work on a non-workday within the same workweek the number of hoursnecessary to total forty (40) straight-time hours for the week, but not to exceed eight (8) hours.(a)It is intended that when such cases occur, employees who did not work because ofinclement weather or other excused absences on a regular workday may be required to work on their nextnon-workday, but where agreement is reached between the General Foreman or Supervisor and theemployee, the employee shall be excused from working on such make up day.ARTICLE VEXPENSES5:1If Company requires an employee to work two (2) hours beyond regular work hours on an eighthour workday or prearranged eight-hour non-workday, and each succeeding five (5) hours thereafter, theemployee shall be granted a meal allowance of thirteen dollars ( 13.00). Time taken to consume suchmeals (30 minutes per meal) shall be considered as time worked and paid at the appropriate rate therefore.On a four-day ten-hour schedule, employees will be granted a meal after one (1) hour of overtime.Company may prearrange employees with 4/10 schedules for ten-hour shifts on non-workdays withoutmaking meal payments. Employees provide their own first meal on prearranged shifts. Company isrequired to provide meals or payments in lieu on emergency call-out shifts.(a)If Company requires an employee to perform emergency work on days starting two (2)hours or more before regular work hours and such employee continues to work into regular work hours, the5

employee shall be paid a meal allowance of thirteen dollars ( 13.00) for the first meal and a mealallowance of thirteen dollars ( 13.00) for every five (5) hours thereafter.5:2Employees who are assigned to work over sixty (60) miles from their assigned headquarters shallbe allowed twenty-five dollars ( 25.00) per day as subsistence for each day worked at the temporaryheadquarters. Time spent traveling to such temporary jobs at its beginning and from its conclusion shall bepaid for by Company. Company agrees to provide lodging when the Company assigns employees over100 miles from their regular assigned headquarters.Temporary work as used in this Article shall mean any assignment away from their regularestablished headquarters lasting ninety (90) days or less.For employees assigned to a temporary work location or assembly point more than sixty (60) milesaway, the following sequence will be observed:The most senior volunteers in appropriate classifications.(1)(2)The least senior individuals in the appropriate classifications.(3)Individuals relocated to another temporary headquarters will not be moved again untilother individuals in the base headquarters have been relocated temporarily at least once.A temporary headquarters change will consist of a minimum of 15 consecutive workdaysfor an individual prior to activating the rotation process. (Individuals can volunteer toremain in the temporary assignment for longer than fifteen days.)5:3In other than emergency situations, the Company shall give at least forty-eight (48) hours notice toan employee who is to be sent out of town for temporary work, in order that the employee may have time toprepare for the trip.5:4It shall not be a condition of employment for an employee to use their personal automobiles orvehicles for Company’s convenience.5:5Employees who are requested by the Company to use their personal automobiles for Company’sconvenience shall be reimbursed therefore at the appropriate rate as determined by the IRS for the mileagereimbursement.ARTICLE VISENIORITY6:1Seniority is defined as the length of continuous service with the Company. Continuity of serviceshall be deemed to be broken when (1) an employee is discharged for cause; (2) except as otherwisemodified by Section 10:3, an employee voluntarily terminates employment or voluntarily takes a layoff; (3)an employee has been laid off for more than six (6) consecutive months; or (4) an employee has violatedthe provisions of Article VIII, Section 8:6.6:2New employees within the bargaining unit will be probationary employees until they have beenemployed and actually worked within the bargaining unit for six (6) months (1040 hours) within anyconsecutive twelve (12) month period, and their seniority shall be adjusted accordingly. When employeescomplete six (6) months probationary period, their seniority date will be adjusted by moving their senioritydate back six (6) months from the completion date. During the probationary period, Company may demote,6

lay off, discipline or terminate such employee and such action shall not be subject to the grievanceprocedure.6:3Any employee entering the Trimmer Trainee classification with one (1) year or less of seniority willbe subject to a six (6) month classification probationary period. Company may demote, layoff or terminatesuch employee and such action will not be subject to the grievance procedure.6:4Company shall furnish the Union with a seniority list including wage rates and division location byGeneral Foreman area of all employees covered by this Agreement and shall keep the Union advised of alldeletions or corrections at three (3) month intervals upon a request from the Union.6:5Seniority shall be used as the basis for determining such benefits as transfer rights, protectionagainst demotion and layoff, hospital and life insurance, etc.6:6When the Company assumes a contract in an area where the work was formerly performed byanother contractor signatory to Union, the following applies:The Company will make a good faith effort to retain Union line clearance and vegetation(1)control personnel who formerly worked the area.(2)With respect to employees who are hired within thirty (30) days of the Employer assuminga contract from another contractor:a.) Employees who previously served a probationary period under a line clearancecollective bargaining agreement shall be subject to a ninety (90) day probationaryperiod with this Employer.b.) Company agrees to place former employees of another contractor on the wage scaleunder this Agreement based upon the length of experience in the job classification theemployee has with the other contractor. Where the Company takes over work in anew area and does not have a wage scale for that area, the Company will adopt thewage rates of the other contractor. In either event, the Company reserves the right torequire evidence of the wage rate paid to these employees by the other contractor.c.) For purpose of determining vacation or paid time-off (in this agreement referred to asPTO), the length of continuous union membership in Local 1245 will be used.d.) For purposes of transfer, demotion, promotion and layoff, the Company seniority willbe used.e.) The Company shall offer those employees hired following the assumption of anothercontractor’s area as provided in this Section with health care benefits (as described inArticle XVI) the first of the month following three (3) months of service with theCompany.6:7The continuity of an employee’s service shall not be broken by absence for any of the followingreasons, and his Company seniority shall accrue for the period of any such absence.(a)Induction, enlistment, or active duty in the Armed Forces of the United States, or service inthe Merchant Marine, under any Act of Congress which provides that the employee is entitled to reemployment.(b)Absence on Union business not requiring a leave of absence.7

(c)Absence by reason of authorized leave of absence without pay. Written request must besent to the Company office.(d)Absence due temporary disability incurred on the job while working for the Company.ARTICLE VIILEAVES OF ABSENCE7:1A leave of absence without pay may be granted to regular employees with six (6) months or moreof continuous service for urgent, substantial reasons, provided adequate arrangements can be made totake care of the employee’s duties without undue interference with the normal routine of work. A leave willnot be granted if the purpose for which it is requested may lead to the employee’s resignation.The Company shall grant a leave of absence when required by the Family and Medical Leave Act. Claimsto enforce such leave requests shall not be brought under the grievance and arbitration provisions of thisAgreement.7:2A leave shall commence on and include the first workday on which an employee is absent andterminate with and include the workday preceding the day he or she returns to work. The employee shallbe restored to employment on the termination of his or her leave of absence. If during an employee’s leaveof absence a reduction in forces was necessary, the restoration of the employee to active employmentwould depend upon the application of Article X.7:3Except as otherwise provided herein, an employee’s seniority shall not accrue while he is on leavewithout pay. However, an employee’s status as a regular employee shall not be impaired by a leave ofabsence.7:4Company shall at request of Union grant a leave of absence without pay for three (3) years or lessto an employee who is appointed or elected to any office or position in the Union and whose services arerequired by the Union.7:5A leave of absence under the foregoing conditions shall be granted to an employee who enters theArmed Forces of the United States provided, however, that any such leave of absence and thereinstatement of any such employee shall be subject to the terms of any Act of Congress which provides forre-employment.7:6If an employee fails to return immediately on the expiration of his leave of absence, or if he acceptsother employment while on leave, or if he makes an application for unemployment benefits while on leave,he shall thereby forfeit the leave of absence and terminate his employment with the Company.(a)If any employee applies for unemployment compensation at any other time other than afterlayoff or discharge, he shall terminate his employment with the Company.7:7Any employee who is called upon to be absent from duty due to a death in his immediate familyshall be excused, without loss of regular pay, for a reasonable time, not to exceed three (3) days, in orderto permit him to make arrangements for and to attend the funeral. “Immediate family”, as used in thisparagraph, means the employee’s father, mother, son, daughter, brother, sister, husband, wife,8

grandmother, grandfather, and mother and father of the current spouse. Upon prior notice, verification maybe required by the Company.Employees shall be allowed up to one (1) day’s unpaid absence for attending or making funeralarrangements for a step father, step mother, step son or step daughter.ARTICLE VIIIWAGES8:1The minimum wages to be paid employees of the Company covered by this Agreement shall be asfollows. County descriptions are intended to differentiate the applicable scales. The wage scale will beapplicable if work for the Employer’s customer defined in Section 1:1 falls within the County.San Joaquin/North CoastCounties:Alpine, Amador, Calaveras, Fresno, Kern, Kings, Madera, Mariposa, Merced, Sacramento,San Joaquin, Stanislaus, Tulare, Tuolumne, Humboldt, Lake, Mendocino, and ffective EffectiveForeman1/1/127/28/138/3/148/2/157/31/16* 7/30/17**Start 21.38 21.81 22.46 23.136 mo 21.76 22.20 22.87 23.56SeeSee1 year 23.48 23.95 24.67 25.41BelowBelowClimber 21.10 21.52 22.17 22.84Climber TraineeStart 15.516 months 17.751 year 18.8718 months 19.88 15.82 18.11 19.25 20.28 16.29 18.65 19.83 20.89 16.78 19.21 20.42 21.52GroundpersonStart 13.506 months 14.47 13.77 14.76 14.18 15.20 14.61 15.669

North ValleyCounties:ForemanStart1 yearClimberButte, Colusa, Glenn, Lassen, Shasta, Sutter, Tehama, Yuba, and Effective Effective1/1/127/28/138/3/148/2/157/31/16* 7/30/17** 21.66 22.09 22.75 23.43 23.76 24.24 24.97 25.72SeeSeeBelowBelow 21.40 21.83 22.48 23.15Climber TraineeStart 15.541 year 19.06 15.85 19.44 16.33 20.02 16.82 20.62GroundpersonStart 12.136 months 14.56 12.37 14.85 12.74 15.30 13.12 15.76East Bay/SierraCounties:Alameda, Contra Costa, El Dorado, Nevada, Placer, Plumas, Sierra, Solano, ective EffectiveForeman1/1/127/28/138/3/148/2/157/31/16* 7/30/17**Start 21.75 22.19 22.86 23.556 mo 22.11 22.55 23.23 23.93SeeSee1 year 23.89 24.37 25.10 25.85BelowBelowClimber 21.48 21.91 22.57 23.25Climber TraineeStart 15.796 months 18.061 year 19.1918 months 20.21 16.11 18.42 19.57 20.61 16.59 18.97 20.16 21.23 17.09 19.54 20.76 21.87GroundpersonStart 13.756 months 14.75 14.03 15.05 14.45 15.50 14.88 15.9710

RedwoodCounties:Marin and NapaForemanStart6 mo1 yearEffective1/1/12 21.02 21.43 23.102%Effective7/28/13 21.44 21.86 23.563%Effective8/3/14 22.08 22.52 24.273%Effective8/2/15 22.74 23.20 25.00Climber 20.79 21.21 21.85 22.51Climber TraineeStart 15.286 months 17.451 year 18.5318 months 19.57 15.59 17.80 18.90 19.96 16.06 18.33 19.47 20.56 16.54 18.88 20.05 21.18GroundpersonStart 13.306 months 14.27 13.57 14.56 13.98 15.00 14.40 15.45Golden GateCounties:ForemanStart6 mo1 yearSanta Clara, San Franci

This Agreement is made and entered into this 1 day of January 1, 2012 by and between WRIGHT TREE SERVICE, INC., hereinafter referred to as the "Company" and Local Union 1245 of the International Brotherhood of Electrical Workers, AFL-CIO, hereinafter referred to as the "Union". . 1:2 The Company is engaged in rendering service to a .