PLUMBERS AND PIPEFITTERS, LOCAL 367

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PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367ARTICLE 1PREAMBLESection 1PreambleARTICLE 2GENERAL PROVISIONSSection 2.1Section 2.2Purposes of AgreementScope of Agreement22Section 2.3Section 2.4Section 2.5Section 2.6Section 2.7Section 2.8Section 2.9Section 2.10Section 2.11Section 2.12Section 2.13Section 2.14Section 2.15Section 2.16Section 2.17Section 2.18Section 2.19DefinitionsApplicability of Personnel Rules ityNo Strike, No LockoutManagement RightsEmployee Representative RightsComplete AgreementAmendment of AgreementSeparability and SavingsSuccessors and AssignsProductivityContracting OutMeet And ConferProvisions of Temporary Employees666667771212131313141415ARTICLE 3HIRING, PROMOTION, DEMOTION, ANDTERMINATION OF EMPLOYMENTSection 3.1Section 3.2Section 3.3Section 3.4Section 3.5Hiring ProceduresEmployment ProbationSeniorityEvaluation of EmployeesFilling Vacancies By Transfer, Promotion OrDemotionLayoff and Recall from LayoffDiscipline and Termination of EmploymentWork by Non-EmployeesSection 3.6Section 3.7Section 3.81i1718222424283031ARTICLE 4HOLIDAYS AND LEAVESection 4.1Section 4.2Section 4.3Section 4.5Section 4.6Section 4.7Section 4.8Section 4.9Section 4.10Section 4.11Section 4.12Section 4.13Section 4.14Section 4.15Section 4.16Section 4.17Section 4.18Section 4.19Recognized HolidaysHoliday During Annual or Sick LeavePaid and Unpaid Time OffNon-Cashable Sick Leave AccountCash Value of LeaveBereavement leaveBlood Donation LeaveCourt LeaveMilitary Training LeaveVoting Time LeaveInjury LeaveLeave Without PayMedical Leave Without PayEducational Leave Without PayPersonal Leave Without PayProgrammed Leave Without PayFamily LeaveUnauthorized AbsencesARTICLE 5COMPENSATIONSection 5.1Section 5.2Section 5.3Section 5.4Section 5.5Section 5.6Section 5.7Section 5.8Section 5.9Section 5.10Section 5.11Section 5.12Section 5.13Section 5.14Section 5.15Section 5.16Section 5.17Wage RatesStarting Rate On Initial EmploymentOvertime PayShift DifferentialHoliday PayLongevity PayOn-Call PayCall Out PayTravel PayMeal AllowanceDeductions From PayWork in a Different ClassificationReclassification RequestPay Day and Pay TimeErrors in PayMid-Term Classification ChangesBuilding Inspections 555556565959595960606262626363

PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367ARTICLE 6BENEFITSSection 6.1Section 6.2Section 6.3Section 6.4Section 6.5Health ProgramSavings PlanRetirementHealth Care ReformPre-TaxARTICLE 7DISCIPLINE AND RESOLUTION OF DISPUTESSection 7.1Section 7.2Section 7.3DisciplineGrievance DefinedGrievance ProcedureARTICLE 8WORK RULESSection 8.1Section 8.2Section 8.3Section 8.4Section 8.5Section 8.6Section 8.7Section 8.8Section 8.9Section 8.10Section 8.11Section 8.12Section 8.13SafetyProtection of Municipal PropertyHandtoolsLockersUniforms And Special ClothingAccess To MOA PropertyRevocation of LicenseMinimum QualificationsTemporary Girdwood Assignment360 Degree BackhoeUtility InspectionsNight and Swing Shift Structure andCompensation at All AWWU Treatment FacilitiesEmployee Usage of ComputersARTICLE 9MISCELLANEOUS PROVISIONSSection 9.1Section 9.2Section 9.3Section 9.4Section 9.5Educational Assistance and IncentiveUnion Training ProgramJoint Labor Management CommitteeCross Training and 979808080808181818283838484ARTICLE 10SCHEDULINGSection 10.1Section 10.2Section 10.3Section 10.4Section 10.5Section 10.6Section 10.7Section 10.8Section 10.9Section 10.10Section 10.11Scheduling By EmployerRest BreaksMeal BreaksOvertimeStarting Times, Reporting Locations,And Work SchedulesShifts and Alternate Work ScheduleGuaranteed ReliefCall-OutsStandby TimeOn-Call TimeTravelARTICLE 11CLASSIFICATIONS AND WAGE SCHEDULESSection 11.1Section 11.2Section 11.3Section 11.4Section 11.5Wage Scale July 1, 2006Wage Scale July 1, 2007Wage Scale July 1, 2008Wage Scale July 1, 2009Classifications for AWWU Operation andMaintenance PositionsClassifications for AWWU MechanicalMaintenance SectionAWWU O&M Maintenance Foremen PositionsFacility Maintenance PositionsWage Scale for Journeyman Certified Plumbersat Facility MaintenanceCertifications for Mechanical Inspector andMechanical Inspector Foremen Positions atDevelopment ServicesSection 11.6Section 11.7Section 11.8Section 11.9Section 11.10ARTICLE 12TERMS OF AGREEMENT, RENEGOTIATIONSection 12.1Section 12.2Effective Date and 49495969797979898

PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367ARTICLE 1APPENDICESAppendix AAppendix BAppendix CAppendix DAppendix EPREAMBLEMOA Driving Conviction Guidelines9-80's alternate Work Schedule AgreementTreatment Facility Alternate Shift ScheduleLetter of Agreement Re: Implementation ofthe 2006 Collective Bargaining Agreement and360 Degree Backhoe.Letter of Agreement Re: Asplund IncinerationSystemv100101103104This Agreement is made and entered into by and between theMunicipality of Anchorage, hereinafter referred to as the"Municipality" or "MOA," and the United Association ofJourneymen and Apprentices of the Plumbing and Pipe FittingIndustry, Local 367, hereinafter referred to as the "Union."1051

PLUMBERS AND PIPEFITTERS, LOCAL 367ARTICLE 2GENERAL PROVISIONSSection 2.1PLUMBERS AND PIPEFITTERS, LOCAL 367Section 2.3.4The act of designating a person to perform the job functions of aspecific position on a temporary basis.Purposes of AgreementSection 2.3.5The purpose of this Agreement is to set forth the negotiatedwages, hours and other terms and conditions of employment forUnion represented employees, to promote the settlement of labordisagreements by conference, to provide for the resolution ofunsettled grievances by binding arbitration, to prevent strikes andlockouts, to eliminate avoidable delays and excessive orunnecessary costs and expenses, and generally to encourage aspirit of helpful cooperation between the MOA and its employeesand the Union to their mutual benefit.Section 2.2AssignmentScope of AgreementThis Agreement shall cover all facilities operated by the MOAduring the term of this Agreement or any extension thereof usingUnion represented MOA employees and all operations and workconducted during the term of this Agreement or any extensionthereof by Union represented employees of the MOA.Call OutEmployee status when called to work by the MOA at a time otherthan the employee's scheduled shift or when the employee isrequired to work additional hours that have not been scheduled bythe MOA at least one-half hour prior to the end of the employee'sregular shift. Contiguous work beyond the end of a regularlyscheduled shift is not considered a call out.Section 2.3.6DepartmentThe term "department" shall mean the departments listed in AMC3.20. A department may also be called an "agency."Section 2.3.7DirectorAs used in this Agreement, "Director" shall mean the Director ofEmployee Relations or his/her designee.Section 2.3DefinitionsSection 2.3.8Section 2.3.1AgencyAs used in this Agreement "division" shall mean the next largestsub-unit within a department which is identified as such on theofficial organization chart of the department.Agency means a municipal department, office or enterprise activityidentified in Chapter 3.20 of the Municipal code.Section 2.3.9Section 2.3.2Emergency or Emergency SituationAnniversary DateAnniversary date means the day of the month following completionof the probationary period. The anniversary date will be advancedby the number of calendar days that total leave without payexceeds thirty (30) days during the year.Section 2.3.3DivisionAppointmentIf not otherwise defined in the Section in which the term is used,"emergency" or "emergency situation" shall mean an occurrence,event or situation which causes or has the immediate potential forcausing death or serious injury to persons or destruction orsignificant damage to property or the physical environment to suchan extent that extraordinary actions should be taken to insure thepublic safety and welfare or protect property or the physicalenvironment.The act of designating a person to fill a specific vacant position ona regular basis.23

PLUMBERS AND PIPEFITTERS, LOCAL 367PLUMBERS AND PIPEFITTERS, LOCAL 367Section 2.3.10 Full-Time EmployeeSection 2.3.17 StandbyA regular employee normally scheduled to work forty (40) hoursduring the work week.Employees are on duty and required to standby because oftemporary breakdown, shortage of materials, temporary weatherconditions, or for any other cause beyond their control.Section 2.3.11 Immediate FamilyAs used in this Agreement, "immediate family" shall mean theemployee's spouse, children, mother, father, mother-in-law, fatherin-law, brothers or sisters, brother-in-law, sister-in-law, son-in-law,daughter-in-law step father, step mother, step brother and sister,step children, grandparents, grandchildren and step-grandparents.It also includes other family members who reside permanently withthe employee, and any person for whom the employee has beenappointed as legal guardian.Section 2.3.12 Night ShiftA shift which starts at 11:00 p.m. and ends at 7:00 a.m.Section 2.3.13 On-CallEmployee status when required to be available to work on suchnotice as is specified in work rules of the department, division orsection.Section 2.3.14 Part-Time EmployeeA regular employee normally scheduled to work less than forty(40) hours in a work week. All of the provisions of this Agreementshall be applicable to part-time employees.Section 2.3.15 ProbationProbation is the final step in the examination process in which theindividual demonstrates his ability and fitness while managementdetermines whether an employee is suitable.Section 2.3.16 SectionSection 2.3.18 Swing ShiftA shift which, starts at 3:00 p.m. and ends at 11:00 p.m.Section 2.3.19 Temporary EmployeeTemporary employees are additional employees hired to augmentthe workforce whenever the work load temporarily creates arequirement for additional help, to perform work associated with aparticular season of the year, in the event of an emergency orunanticipated situation, or to relieve regular employees duringabsences. Temporary employees may be employed for a periodnot to exceed six (6) months total time in any twelve (12) monthperiod. The MOA shall not use part-time or temporary employeesto circumvent the need for regular full time employees. Probationdoes not apply to an appointment to a temporary position since aperson so appointed serves at the pleasure of the appointingauthority and is subject to summary removal for any reason or forno reason.Section 2.3.20 Transfer"Transfer" means a lateral movement of a regular employee fromone position to another position in the same, a different, or aparallel class at the same range, without any break in service.Appointment of a temporary employee to a regular position in thesame, different or a parallel class is not a transfer.Section 2.3.21 Work DayTwenty-four (24) hours commencing at Midnight and ending atMidnight.Section 2.3.22 Work Unit"Section" as used in this Agreement shall mean a subdivision of adivision, as shown on the official organization chart of thedepartment, which contains at least two (2) work units.4'Work unit" as used in this Agreement shall mean a separatelyidentifiable group of employees within a section that work togetheras a unit.5

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 he

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 Gr