Memorandum of Agreement
Meter Constant Data Check Function
Customer Accounting Departments of District Operations
The Company and the Union mutually agree to the following procedures and understandings in order to clarify Meter Constant Data Checks and personnel that will be involved in this function:
1. The Meter Constant Data Check is a function of the Company's audit procedure. The audit procedure is the responsibility of management and the nature and extent of involvement of bargaining unit employees in this function is determined by management.
2. When required by the Company, the Meter Constant Data Check function shall be performed by supervision in conjunction with a clerical bargaining unit employee in the job classification of Customer Service Representative.
3. The extent of involvement of clerical bargaining unit personnel in the Company's audit procedure is limited solely to the Meter Constant Data Check function performed in the Company's District Operations.
4. The Company may, at its discretion and to the extent required, utilize personnel in the classification of Meter Clerk, Job No. 1533, during various aspects of the Meter Constant Data Check function in conjunction with supervision and a Customer Service Representative.
Dated May 11, 1982
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TESTING
I. Tests shall be required to be taken and satisfactorily completed before entering a clerical classification as specified below:
A. A data entry test will be required for the employee who attempts to enter a clerical classification for the first time.
B. A data entry test will be required when the employee, after being gone for 12 months or longer, returns to any clerical classification.
C. A typing test will be required when the employee attempts to enter a classification of Clerical Administrative Assistant for the first time or enters this classification to provide temporary relief for the first time.
II. Requirements:
A. All typing and data entry tests will be validated and job related and reviewed by the Union.
B. Typing tests will be calculated at the validated equivalent of 50 WPM (five errors maximum).
C. Data entry tests will be calculated at the validated equivalent of 70 keystrokes per minute.
III. If necessary, employees may be given a second attempt to pass the typing or data entry test in the same day. A third attempt to pass the typing test can only be made after a minimum of ninety (90) days after the date of the test.
In any event, a vacancy must be available before any test is given.
Dated May 31, 2004
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Emergency Clerical Call-Out
Assignments at District Operating Building Only
When an emergency occurs during other than regular scheduled hours, the Company reserves the right to maintain a working force of management personnel whose responsibility it will be to determine the nature of the outage, the extent of the damage, and the complexity of the repair. Once the determination has been made that the outage will be widespread and of extended duration, resulting in an emergency condition accompanied by a large volume of customer calls, the Company will call out clerical personnel necessary to assist in the handling of the work assignments of that particular point in time.
Once the Company determines that clerical employees from the operating building location are needed to assist Supervisors answering customer telephone calls, the call out of personnel shall be made in the following order:
1. Telephone Clerk (where applicable)
2. Distribution Clerk
3. Engineering Record Clerk
4. Field Record Clerk
5. Time Clerk
6. Stores Clerk
7. Meter Clerk (where applicable)
8. Mail Clerk (where applicable)
9. Operating Utility Clerk (where applicable)
10. Transportation Clerk
11. Stenographer
Nothing in this Agreement shall be construed to guarantee overtime work assignments for the duration of the emergency outage, but in no event shall an employee receive less than two (2) hours' pay in accordance with Article XI, Section 7, as modified by this Agreement.
The overtime in each classification shall be reviewed annually at the end of the last pay period in January.
After the annual review period a list of the employees in each classification who have an inequity of more than one hundred (100) hours shall be mailed to the Union Office within thirty (30) days.
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Employees whose names are not listed on the inequity list will not be assigned overtime except extension of the workday unless all employees in that classification whose names do appear on the inequity list have been offered the work or are working.
Employees who cannot regularly and dependably make the trip from their homes to their headquarters within thirty (30) minutes after being called out shall have no claim on such unscheduled overtime. Employees who frequently refuse overtime call out work shall have no claim on such unscheduled overtime. As a result of this procedure, the Company will be held harmless as to any claim alleging a lack of equalization in the offering of overtime
Memorandum of Understanding
Meter Installment and Inquiry for Service Orders
The Company would request that its Residential Marketing Personnel would be authorized to carry meter Installment Orders and Inquiry for Service Orders that would be used exclusively in conjunction with a sales order. The Marketing Representative, once he completes his sale, would request of the customer who did not have service that they sign the two forms. No other information shall be solicited or completed on the forms by the Marketing Representative. The representative will then present the form with the sales order to the Commercial Office in the area and the appropriate employee would process in the normal fashion. This is limited only to those areas in which marketing of gas appliances occurs.
Dated December 19, 1983
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CUSTOMER ACCOUNTS ADVANCEMENT PROGRAM
AUTOMATED METER READING SYSTEM
1. All employees bearing the classification of Customer Service Representative and Senior Customer Service Representative will be trained on the operation of the Automated Meter Reading System.
2. All locations using the Automated Meter Reading System will start their training program no later than thirty (30) days after the Agreement is signed. All locations where applicable will have trained clerical personnel to operate the system within ninety (90) days thereafter.
3. Senior and Certified Customer Service Representatives will receive the initial training. Other Customer Service Representatives will be trained following the normal training procedures. The training will be incorporated in Module 1 of Phase II (2.1.03).
4. All employees who fail to successfully complete this training will be disqualified in accordance with the Clerical Union Agreement.
5. Customer Service Representatives in the CSRAP previously qualified to perform these duties, but who have not utilized them for six months or longer, may request retraining for a period of two (2) days.
6. Performance tests in this areas will be included in the level #3 testing evaluation procedure for appropriating a Customer Service Representative position only after those duties assigned associated with the Automated Meter Reading System have been turned over to the bargaining unit personnel Company-wide, but not prior to ninety (90) days after the signed agreement. These appropriation provisions to be as per the Collective Bargaining Agreement.
7. Training materials have been developed by the Company and are being reviewed with the Union. A reference guide for the operation of the equipment will be provided at each location. This program and the accompanying training materials are subject to revision. When revisions are made, the Union may review the revised training materials.
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8. Management will continue to operate the automated Meter Reading System conjunctive to their responsibilities so as not to restrict the normal work flow of the district. This should not be used to avoid the overtime provisions for the work as provided by the Contract.
Dated October 3, 1986
SYSTEM OVERVIEW
AUTOMATED METER READING SYSTEM
The following information is a general overview of the work activities associated with the Automated Meter Reading Processing System.
The purpose of this document is to categorize the work activities to ensure that those general duties that are normally considered bargaining unit work should be performed by bargaining unit employees, and that those general duties that are traditional non-bargaining unit work should be performed by non-bargaining unit employees.
It is recognized that the technology involved is continuously changing and efforts will be made on an ongoing basis to assign the work according to the above outline
TYPE “A” - Those activities identified by an “A” are normally performed by NBU employees and represent functions as related to the scheduling, monitoring, troubleshooting, testing and assigning of work.
TYPE “B” - Those activities identified by a “B” represent functions that are normally performed by bargaining unit personnel under the direction of the supervisor.
TYPE “C” - Those activities identified by a “C” represent functions that can be performed by bargaining unit personnel and require little or no supervision but would require monitoring and/or follow-up by supervision.
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Each activity is also identified by one of the following time intervals:
DAILY - Must be performed on a daily basis.
WEEKLY - Must be performed on a weekly basis.
AS REQUIRED - Must be performed as required by the customer meter reading and billing schedule.
LETTER OF UNDERSTANDING
CONCERNING BETTER LABOR/MANAGEMENT RELATIONS
A joint task force shall be formed consisting of six (6) persons, half of whom shall be Union employees. The Union members of the Committee shall be a United Steelworkers of America Staff Representative and the President of Local Unions 12775 and 13796. The Company members of the Committee shall be at the Vice President level of the Company. The purpose of the Committee will be to implement ways and means of improving Labor/Management relations at all levels of the Company. The cost of the bargaining unit employees’ lost time (as established by past practice) and reasonable expenses for serving on this Committee shall be borne by the Company.
This letter of understanding and/or any recommendations made by the Committee will not in any way alter the current labor agreement effective June 1, 1984.
CONTRACT EXTENSION FOR
LABOR MANAGEMENT PARTICIPATION TEAM PROCESS
Northern Indiana Public Service Company, hereafter referred to as the "Company," and the United Steelworkers of America, hereinafter referred to as the "Union," mutually agree to enter into this Agreement establishing a Labor Management Participation Team process, hereinafter referred to as "LMPT", to foster cooperation between bargaining unit employees and management employees at all levels in the Company in order to enhance the quality of work life for all employees and improve the proficiency of the business enterprise as a whole. To promote the cultural change and afford a fair evaluation of the process, the following understandings have been outlined by the parties to this Agreement:
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1. The parties shall be equal partners in the development, management, and expansion of the process.
2. This process shall be continued for an additional four (4) year period. The services of the consultant, mutually agreed to by the Chief Executive Officer of the Company and the assigned Staff Representatives of the International Union for the United Steelworkers of America, Local 13796 and 12775, shall continue subject to the further provisions of this Agreement. Any reports from the consultants relative to progress projections and/or associated problems shall be provided to both parties.
3. All costs directly associated with the consultant and the process shall be borne by the Company. Any said contract with the consultant signed working in this LMPT process will be provided to all parties.
4. In the event either the Company or the Union elects to terminate any consultant advising on the LMPT process, they may do so upon written notification sixty (60) days in advance to the other parties and without substantiating reasons. Such termination shall not be done frivolously and shall be as directed by an Officer of the Company or either Staff Representative of the International Union of Locals 13796 and 12775.
5. The selection of any consultant shall be by mutual agreement of all parties.
6. The consultant will be responsible for establishing and administering the training of personnel to develop the LMPT process at the Company.
7. This process shall be wholly separate from other contractual procedures and neither the Participation Teams nor the Advisory Committee shall have authority to add to, detract from, or change the terms of the Labor Agreement(s).
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8. An Advisory Committee comprised of Officers of the Company and the nominees of the Union, Locals 13796 and 12775. The Chairman of the Company and the respective International Staff Representatives of 13796 and 12775 will be ex officio members of the Committee. This Advisory Committee shall act as the final authority on decisions of implementation related to the LMPT process. Decisions shall be based on a consensus of the Advisory Committee representatives.
9. All lost time and reasonable fees and expenses incurred by the participants to this process, as authorized by the Advisory Committee, shall be paid or reimbursed by the Company.
10. The hours utilized for the LMPT activities shall not be deducted from either Local's negotiated hours under the Collective Bargaining Agreement.
11. All interested employees should have the opportunity to become involved in the process on a voluntary basis. It shall not be mandatory for employees to participate in the process. All employees who voluntarily participate in the process shall not be accorded special status or remuneration over and above what is outline in this Agreement.
This Agreement is established as an outline to the continuation of the Labor Management Participation Team process at Northern Indiana Public Service Company. The parties agree to meet and attempt to resolve any problems or concerns not herein addressed that may cause a delay or stalemate in the ongoing transition process toward a full cooperative management system.
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12-HOUR 4-4 SHIFT
In the interest of providing increased customer service and 24-hour, 7 day per week telephone coverage at the Southlake Complex Customer Service Center, the Company intends to post a limited number of Customer Service Representative positions on a rotating, 12-hour 4-4 schedule under the following terms and conditions.
I. GENERAL
A. The complement on this schedule will be a minimum of eight (8) Customer Service Representatives (F). The Company may make adjustments above the minimum complement in the future dependent upon the work load or customer requirements. Additions to the complement shall be posted for bids indicating the 12-hour 4-4 schedule.
B. Due to the diversity of the work all employees working the 4-4 schedule shall be Customer Service Representative, level F. Each Customer Service Representative (F) who assumes the 4-4 schedule as her stated schedule will be paid a bonus of Ten Cents (.10) per hour for every hour worked or paid as part of this schedule.
C. The Customer Service Representatives working the 4-4 schedule shall be grouped on a separate overtime list from the other Customer Service Center personnel. The rules for overtime eligibility and offering are listed below.
D. Either party may dissolve this agreement by providing sixty (60) days written notice to the other party.
II. SCHEDULE ARRANGEMENTS
A. The 4-4 employees shall be placed on a 12-hour work schedule consisting of four (4) days on and four (4) days off.
B. The employee's day and night schedules will rotate, the day shift will rotate to nights after three (3) work schedules and the night shift will rotate to days after three (3) work schedules.
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C. Vacancies on night shift (7 p.m. to 7 a.m.) of one (1) day or less will be filled at Management's discretion. Vacancies on night shift of two (2) days or longer shall be filled according to the overtime provisions outlined in Section VII of this Agreement. Vacancies on the day shift (7 a.m. to 7 p.m.) will be filled at Management's discretion, except all vacancies on holidays, Saturdays and Sundays shall be filled according to the overtime provisions outlined in Section VII of this Agreement. No shift shall be staffed with less than 50% of full complement.
III. WORKDAY ARRANGEMENTS
A. A normal schedule for a 4-4 shift employee shall be twelve (12) consecutive hours each day for four (4) consecutive days with the 5th, 6th, 7th and 8th days off. The workday shall consist of twenty-four (24) hours commencing each day at the beginning of the "day" shift. The work week will consist of seven (7) consecutive days beginning each Monday at the beginning of the day shift.
B. When the time of an employee's schedule overlaps into two (2) days, it shall be counted as having been worked entirely in the day in which the scheduled starting time began.
C. The lunch period shall be paid and included in the twelve (12) hour schedule. The lunch period shall be taken at the work location and shall not interfere with the necessary and orderly progress of the employee's work.
D. Three (3) fifteen (15) minute rest periods each day worked shall be granted with pay to each employee on this 4-4 schedule. The break periods shall be taken once each four (4) hours worked, at such times as to minimize the effect on the work. Tardiness in returning from the rest period shall result in adjustment according to Article XI, Section 13 of the Collective Bargaining Agreement.
E. All scheduled time worked in excess of forty (40) hours within the work week shall be paid for at one and one-half (1.5) times the hours worked times the hourly rate of pay.
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F. When a shift worker is scheduled forty (40) hours or more in the same work week and misses one (1) or more of those days for any reason, the hours scheduled and worked in excess of the forty (40) hours scheduled will be paid at the applicable premium rate. If the day off includes scheduled hours over forty (40) and is for a reason granting base pay, the allowance shall be at premium.
IV. VACATIONS
A. Vacation eligibility and scheduling will be as per this agreement and the current Collective Bargaining Agreement.
B. Employees working this 4-4 schedule shall compete for and schedule their vacations separate from the other Customer Service Representatives in the Customer Service Center.
C. Employees transferring from a 40-hour or 5-2 schedule to this 4-4 schedule will calculate their vacation as follows:
1. A full week of 40-hour or 5-2 (five, eight hour days) will become a full week of 4-4 (four, twelve hour days) vacation.
2. Single eight (8) hour day(s) of vacation will become single twelve (12) hour day(s) of vacation.
D. Employees transferring from this 4-4 schedule to a 40-hour or 5-2 schedule will calculate their vacation as follows:
1. One full week of 4-4 (four, twelve hour days) will become one full week of 40 hour or 5-2 (five, eight hour days) vacation.
2. Single twelve (12) hour days(s) of vacation will become single eight (8) hour day(s) of vacation.
E. No hours in the vacation schedule shall be considered as overtime unless the established schedule of the employee, while on vacation, would have included more than forty (40) scheduled hours in the same work week in which case premium shall be paid for all scheduled hours over forty (40) in the week during the vacation period.
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V. HOLIDAYS
A. Holidays will be observed as per the current Collective Bargaining Agreement.
B. Each eligible full-time employee on this schedule shall receive eight (8) hour's time at her regular hourly rate of pay for each holiday. When a holiday occurs on a day that a 12-hour shift worker is to receive premium pay for hours scheduled over forty (40), the employee shall move the hours scheduled over forty (40) to the previous straight time workday and receive the applicable premium pay.
C. Employees who are required to work on a holiday as part of their regular schedule shall receive, in addition to holiday pay, one and one-half (1.5) times the hours worked at their hourly rate of pay.
VI. RULES AFFECTING 12-HOUR SHIFT
A. Article XVII, Section 4, page 57 will apply with the following additions:
1. When a person qualifies in Section 4.A, the last eight (8) hours of the fourth day will be excused absence.
2. When a person qualifies in Section 4.B, the last four (4) hours of the third day will be excused absence.
3. When a person qualifies in Section 4.C, the last eight (8) hours of the second day will be excused absence.
B. The Sunday bonus in Article XX, Section 5 shall apply.
C. The Night bonus in Article XX, Section 2 shall apply for employees on the night shift.
D. An employee on this 4-4 schedule who is injured in the course of her employment with the Company shall receive one hundred percent (100%) of her base pay. If the day off would have included scheduled hours over forty (40) in the same work week, the allowance shall be at premium.
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E. If a holiday occurs on a day for which an employee is receiving sick leave benefits, the employee will be paid eight (8) hours holiday pay and four (4) hours of sick leave for the duration of the shift.
F. During the transition from a 40-hour or 5-2 shift to this 4-4 shift or from this 4-4 schedule to a 40-hour or 5-2 shift, the Company agrees to pay each employee a minimum of seventy-six (76) straight time hours for that pay period. No other burden will be borne by the Company because of these transitions except as mandated by State or Federal wage laws.
G. It is understood by both parties that 100 hours, 84 hours, 76 hours and 92 hours are the typical pay periods for this 4-4 work schedule.
H. Unless expressly changed or modified by this schedule, the terms and condition of the current Collective Bargaining Agreement shall apply.
VII. OVERTIME
A. Low-man off call-out procedure shall be used.
B. Employees working under this schedule shall be eligible for overtime commencing with the shift after her last regularly scheduled shift and ending the shift before her first regularly scheduled shift, except that an employee having worked overtime during the second shift prior to the start of her regularly scheduled shift shall not be eligible for overtime on the first shift prior to the start of her regularly scheduled shift. She shall work no more than twenty-four (24) hours for any continuous period. An employee must have a minimum rest period of twelve (12) hours before becoming eligible again for overtime work. The provision for rest period after 16 hours of continuous work as outlined in Article XI, Section 8, does not apply.
C. Article XI, Section 5: Any hours worked outside the employee's stated schedule of work shall be at the premium rates prescribed by this agreement. Schedule for premium pay on days off on 12-hour shift
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Day 1 Day 2 Day 3 Day 4
4 days off 1-1/2 1-1/2 1-1/2 2
If an employee works her first and second day off and is offered overtime on the third day off, the third day will then be paid at two times the hourly rate.
D. Employees working under this schedule will not be eligible for overtime during the employee's scheduled work week. Overtime eligibility is stated in Rule VII "B".
12-Hour 4-4 Work Schedule:
Overtime Call-Out Procedure
The "Low man off call-out procedure" referred to in the 12-Hour 4-4 Work Schedule Agreement is described below.
To obtain personnel for vacancy or an addition to the shift complement, the overtime should be offered in this sequence:
A. Employees on one of the four scheduled days "off-shift". The 4-4 work day is a 24-hour period the start of the day shift to the following day at the start of the day shift. Example: An employee working her fourth day on the day shift (6:00 a.m. - 6:00 p.m.) is not on a "scheduled day off" until the following day at 6:00 a.m.
The overtime is offered to this group by the employee's respective overtime list standing and eligibility.
B. If the group of employees on their "off-shift" days is exhausted, a second group can be called, consisting of employees on the first or fourth day of their work schedule. Such employees would be eligible to work the shift prior to their first regular shift or the shift after their fourth regular shift, respectively. Note: Employees shall work no more than 24 hours for any continuous period.
C. If either of the above procedures fails to result in the vacancy being filled, Management will re-assess the need to fill the vacancy. If in Management's determination the vacancy must still be filled, then the overtime will be offered
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to the Final Step Customer Service Representatives in the Customer Service Center, according to their overtime standing.
EXAMPLES OF OVERTIME ELIGIBILITY: 4-4 SCHEDULE
Day 1 Day 2 Day 3 Day 4
Day Shift
6:00 a.m.-6:00 p.m. ///A/// A A A Shift Groups
Night Shift "On Shift"
6:00 p.m.-6:00 a.m. B B B ///B///
C C C C Shift Groups
"Off Shift"
D D D D
1. A vacancy for "A" Group on Day 1: Go first to the eligible employees in "C" and "D" Groups. If not filled, offer to eligible employees in "B" Group. If still not filled, determine whether vacancy will be filled by Management's discretion. If decision is to fill the vacancy, offer to Customer Service Center Final Step Customer Service Representatives.
2. A vacancy for "B" Group on Day 1, "A" or "B" Group on Days 2 or 3 or "A" Group on Day 4: Go to eligible employees in "C" and "D" Groups only.
3. A vacancy for "B" Group on Day 4: Go first to the eligible employees in "C" and "D" Groups. If not filled, offer to eligible employees in "A" Group. If still not filled, determine whether vacancy will be filled by Management's discretion. If decision is to fill the vacancy, offer to Customer Service Center Final Step Customer Service Representatives.
VIII. TRAINING
A. If necessary, 12 hour employee's regular schedule shall be changed to accommodate scheduling for training purposes.
B. When a 12-hour shift employee is scheduled to work the day before the start of a scheduled school, the employee
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shall be scheduled to work the day schedule (the scheduled day and/or days before school begins). Anyone attending school should not be scheduled to work on the preceding day after the end of day shift. The employee shall not be eligible for or charged for overtime after the end of day shift, the day prior to the start of school.
C. It is understood by both parties that when an employee attends a school, the Company will pay the employee a minimum of 76 straight-time hours for that pay period (the minimum 4-4 schedule pay period).
IX. TELEPHONE OPERATORS
As a result of this agreement and changes in the routing of emergency calls the Corporate Headquarters Switchboard Operator, located in the Southlake Complex, will cease to work a rotating 5-2 schedule and will work a 40-hour schedule as described in Article XI, Section 2 of the Collective Bargaining Agreement. The existing complement of seven (7) Telephone Operators will be reduced only by attrition to a minimum of five (5) Telephone Operators. The Company may adjust the complement in the future dependent upon the work load or customer requirements. Part-time employees will not be used to fill this classification.
Each of the current Telephone Operators will be given the option of remaining in the department on the new schedule or exercising their right to job appropriation. Those employees remaining in the department will work one of several eight (8) hour schedules in order to provide telephone service from 7:00 a.m. to 6:00 p.m., Monday through Friday.
This agreement supersedes the Memorandum of Agreement, dated February 5, 1984, reprinted on pages 96-98 of the current Collective Bargaining Agreement.
Memorandum of Agreement
Employment Option for Laid-Off Employees
The purpose and intent of this offer is to provide laid-off employees with additional options for employment.
A Central Job Appropriation Processing Center will be established in Valparaiso by the Company. This facility shall process the final transaction involved with employee job appropriations. The affected employees shall be scheduled for an appointment at the processing center. Appointments shall be so scheduled as to afford the employee a reasonable amount of time in which to review, analyze, and make her decision. Under extreme conditions, she will be allowed the following morning to make her determination. She will be provided the day of the appointment to determine her new job assignment and will be transferred to the new location the next day. During this processing appointment to determine her new job assignment and will be transferred to the new location the next day. During this processing period the Company will incur expenses for travel regularly scheduled lost time, and transportation costs. (Article XVI)
When an employee has more than one option, the employee will be required to determine a priority of her selections so that the Company will be able to properly arrange the movements of its affected employees.
The Company shall provide adequate space for a clerical union representative appointed by the union at the processing center. This union representative may assist and counsel all affected clerical union employees processing through the center.
Dated June 1, 1983
C-1 - FULL-TIME REPLACEMENT
When a permanent full-time vacancy occurs in any Clerical position, and the Company determines that the position should continue, the following procedure will be utilized to fill that vacancy:
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Step One
If the Company is unable to fill the vacancy (as per the Contract Article VI, Section 10 and 11) it would be filled through the normal bidding procedure as outlined in Section 11 and 14 of Article VI.
Should the vacancy not be filled by recall and bidding (per Article VI, Sections 14 and 33) those employees in the Clerical Bargaining Unit currently on lay-off status and having recall rights will then be provided the opportunity to fill the vacancy. The priority for selection of those persons would be on seniority basis. Those on lay-off status shall be provided the choice of establishing their recall options from the following:
A. Consideration for any Clerical vacancy anywhere in the Company. Refusal of the first opportunity to fill any permanent job (per Article VI, Section 33) would cause the forfeiture of the individual's rights of recall and that laid-off employee will be removed from the payroll.
B. The laid-off employee would exercise geographic options that would determine her eligibility. Opportunities in these options would be limited to the selected geographic areas described in attached Exhibit I (Company/Union defined regions map). The first refusal of an opportunity to fill a permanent vacancy within those selected regions would constitute abandonment of all rights and provisions of recall and employee would be removed from the payroll (per Article VI, Section 33)
C. The laid-off employee may select recall only to her regular classification or the opportunity to fill that position on the basis of her seniority as compared to other laid-off employees. The offer will be limited to the single classification selected by the employee for recall. Failure to report would be considered as abandonment of employment as outlined in Section 33 of Article VI.
Supplemental Understandings
1. The laid-off employee who selects this recall, must have the aptitude and ability to perform the work, and thereby qualify for the job as set forth in the job description (per Article VI, Section 33).
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2. A laid-off employee accepts this recall as her regular job and will have no other recall opportunity.
3. At the time of lay-off, the employee may also elect either a part-time or temporary work assignment based on her seniority without any changes in lay-off status.
4. A listing of Additions to and Removals from the payroll will be sent to the Clerical Union office bi-weekly.
5. Copies of all displacement review forms utilized at the processing center will be retained in each effected employee's permanent record file.
6. A copy of the completed Clerical Union Displacement Review form (Exhibit II) completed by the effected employee will be sent bi-weekly to the Union.
7. All employment opportunities under this Agreement will require the employee to accept the rate of pay of the job and/or prior rates incumbered or otherwise will not apply (except as provided in Article VI, Section 33).
8. The Company will permit all eligible employees the opportunity to bid Company-wide on the permanent clerical job classifications in Article XXIII - Section A of the current agreement.
C-2 - PART-TIME REPLACEMENT
1. When a permanent full-time clerical employee has been laid off with a right of recall (Article VI, Section 33), the employee will be provided the opportunity, by seniority to select from the available part-time positions currently being utilized within her Region. Once the employee has made a selection, that employee will be entitled to no other opportunity to fill any other part-time positions, unless she is subsequently displaced by a senior employee exercising her lay-off rights (Article VI, Section 38).
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2. The employee on lay-off who accepts a part-time position will be paid at the rate of the part-time job, and all other conditions - assignment, schedules etc. - of the part-time position will be applicable to the employee.
3. The full-time employee selecting a part-time position must be available for work and able to conform to the standards set forth for the job in question at the time the employee reports.
4. The employee will retain the right of permanent recall when she selects a part-time position, but subsequent full-time employees in the same Region who are laid off and are senior, will be provided the same option of displacing that employee from the part-time position. If a full-time employee withdraws from a part-time position they will be provided no other opportunity to work part-time.
In addition, should the part-time assignment terminate, permanent full-time clerical employees who have been laid off will have the option to elect other part-time or temporary assignments.
C-3 - TEMPORARY REPLACEMENT
A permanent full-time employee with the right of recall at the time of her lay-off will be provided the option of working as a temporary replacement if no regular or part-time job is available to her on the basis of her seniority within the region of her regular position from which she was originally displaced. The employee will not be provided with this option at any other time nor be allowed to change her decision later. Permanent full-time laid-off employees will be provided these temporary assignments of positions within the Bargaining Unit ahead of other employees in the temporary pool as the selection for work assignments will be by seniority. The selected employee will be allowed to continue through the term of the temporary assignment even though additional permanent full-time employees with greater seniority may become available after the selection for the temporary assignment was completed. If an employee withdraws from a temporary position, she will be provided no other opportunity to perform temporary work assignments, but will only be allowed to resume her recall. In addition, should the temporary assignment terminate, the full-time employee will return to the temporary pool for reassignment.
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The Company will make a reasonable effort to contact the laid-off employee to serve in the temporary capacity. If the contact is not made for any reason, the Company will continue down the list of eligible and qualified employees. If a permanent employee is contacted and refuses assignment, or does not perform the job set forth by the job standards, the Company will disqualify the employee from future opportunities in the temporary pool and return the employee to a laid-off status.
The full-time employee who is provided temporary assignment will be expected to work at the rate of the job assignment and will also be expected to perform under the conditions and standards set forth for the temporary assignment. Failure of that temporary employee to meet the job requirements will result in her being removed from the temporary assignment and provided only the option of recall to her permanent vacancy. The Company will provide the opportunity for the temporary employee to voluntarily remove herself for a period of time (vacation in Europe, etc.) and the Company will not remove the employee from the temporary pool if they are notified of the employee's unavailability. The option to serve in the temporary pool will not affect the employee's right of recall to her permanent vacancy.
(Reference to Article VI, Section 33 should be Section 32 in the 1999 Agreement.)
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RESOLUTION OF GRIEVANCE NUMBERS
1586, 1629 and 1630
1. Employees who, at the time of their lay off with recall, are receiving sick leave benefits shall continue to receive those benefits for as long as they remain disabled and unable to perform any work. The period of eligibility shall be provided for under the terms of Article XIV. Sick leave status will in no way prevent or delay layoff under Article VI.
2. In accordance with Article XIV, Section 9 all claims for sick leave benefits must be documented. Due to the inability of the Company to otherwise monitor the status of such disabilities, laid off employees receiving sick leave benefits shall provide additional Doctor's Certificates from time to time as warranted by the nature of the disability for the duration of their illness or injury.
3. In order to monitor the status of these cases, the Manager of Compensation and Benefits will request a release of medical records on an ongoing basis to document the continuation of a laid off employee's disability.
4. The Chief Company Doctor shall order an examination of a laid off employee as warranted. Any examination ordered shall be by a Company Doctor chosen by the employee from a list provided by the Company, at Company expense. In the event the Company Doctor and the employee's personal doctor do not agree the local medical society shall name a doctor to examine the employee at Company expense. The report of such doctor shall be final.
5. Employees who become disabled and unable to perform due to personal illness or injury sustained off the job after the date of their layoff shall not be eligible for sick leave benefits under Article XIV.
6. The foregoing provisions shall not apply to disabilities resulting from self-inflicted illnesses or injuries caused to generate sick leave benefits prior to layoff.
7. Employees receiving sick leave benefits under this procedure will not be eligible for Unemployment Compensation Benefits.
Dated February 3, 1989
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MEMORANDUM OF AGREEMENT
The Company and Union agree to the self-funding of all medical benefits effective on or before June 1, 1990.
The Company and Union further agree to establish a medical plan advisory committee whose purpose is to confer and make recommendations for the most efficient and cost-effective operation of the medical plan.
The committee will consist of eight (8) members, four (4) members from the Union (two from each Local) and four (4) members from the Company.
The committee will make recommendations to the designated Company Representatives and the Presidents and International Staff Representatives of the Local Unions 12775 and 13796 who shall make changes or take actions that are mutually agreed to on such matters to include, but not limited to:
- projected premium and other plan costs.
- monitor claim and premium experience.
- review stop-loss insurance.
- selection and monitoring performance of claim administration.
- selection of a consultant to the plan.
- guidelines and performance of money manager(s).
The Company would establish a 501(C) 9 VEBA trust and select a trustee as previously discussed by the committee.
The expenses of the advisory plan committee, audits or recommended activities shall be paid by the plan.
The above shall not be construed to alter the relationship of the Company and Union with Washington National Insurance Company and the Life Insurance Plan.
Dated December 2, 1989
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MEMORANDUM OF AGREEMENT
It is agreed to by both parties that the eighty-five (85) point plan (age and service) of Northern Indiana Public Service Company Pension Plan regarding the Early Retirement Supplement under 5.2 will continue for as long as the Plan (NIPSCO Pension Plan) is in effect which was signed on December 2, 1989.
MEMORANDUM OF AGREEMENT
NIPSCO (“Company”) recognizes the benefits of using its trained and experienced workforce on the “New Business Line” Project in the above-referenced department. USWA Local 13796 (“Union”) recognizes the benefits of providing additional work opportunities for the employees it represents.
Notwithstanding any provisions of the Collective Bargaining Agreement between the Company and Union to the contrary, the undersigned parties agree to the following terms and conditions:
1. Nothing in this Agreement will establish that work assigned and performed by Commercial Accounts Service Representatives (CASRs) and Stenographers in the Project will be exclusive to Bargaining Unit employees. This Agreement is not intended to erode the work that was normally and regularly performed by bargaining unit employees prior to the Project’s implementation.
2. There will be a mutual effort to resolve all disputes prior to the filing of any grievances.
3. Either party may terminate this Agreement upon thirty (30) days prior written notice.
4. In the event additional vacancies are posted, candidates will not be required to interview if they have interviewed for the CASR position in the last twelve (12) months.
5. This Agreement resolves without precedent or prejudice Grievance Nos. 2807 and 3072.
Date: August 4, 1998
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BUILDER/DEVELOPER SERVICE DEPARTMENT
The Builder/Developer Service Department shall be a separate department with its own overtime list(s).These employees shall not be used to fill shortages in other CSR classifications in lieu of using clerks from the “Relief Pool.” Initial Call to Southlake 800 number. Developer to be given a silent prompt (code) that will direct him/her to a group of CSRs dedicated solely to initiating new construction service inquiries and maintaining those accounts, including Construction Advance Refunds. This initial contact can also be done by correspondence or fax.
The Company and Union agree that non-bargaining unit personnel shall not perform work which is normally done by bargaining unit employees, except for purposes of education and instruction. This shall not be construed to prohibit a non-bargaining unit employee from updating her assigned project as long as such performance is an insignificant action, such as entering a completion date or estimated date, assigning work, correcting an individual address or updating an individual activity to the account. The action of the non-bargaining unit employee shall not be repetitive in nature and not result in the erosion of the bargaining unit.
Request for new subdivision:
1. CSR will determine if Developer is established as a customer in CIS.
If already established, she will update any missing information, such as legal business classification, federal tax I.D., contact person, references and phone numbers. If not established, customer will be added at that time. For fax or written requests, a form should be provided to the Builder to include all needed information, or request a contact person.
2. The CSR will add a new project site using the name of the new subdivision. The site general page will be filled out as completely as possible, including Zip Code and the County, if known at the time of the call. Some of the information will have to be added later by the Engineering Department for that district.
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3. The CSR will create a new Development-type New Business Case, dragging over the Developer Customer and adding any information available, including comments.
CSR should fully understand what is needed by engineering to expedite the process. They should be able to answer basic requirement questions that the customer might have, including exactly what locations must be identified, locates of unidentified buried hazards, contract signature requirements and what will happen in the event that the requirements are not met.
They should request a copy of the preliminary drawing of the development be sent to the Engineering Department, and note this information in the site notebook. Having this done up front will allow the engineer to have the utility easements marked on the drawing and available to the customer at the pre-construction meeting.
CSRs should be able to relay to the Developer the importance of having addresses clearly marked on the recorded development plans and explain the refundable gas and/or electric construction advance. They should have general knowledge of requirements for future building of subsites in the development.
Upon Submit of the New Business Case, it is automatically added to unassigned cases in that district’s Engineering Department notebook. It is then reviewed by the Service Commitment Team Leader and assigned to a designer by dropping into his/her New Business Case Container. Engineer then determines if he/she has enough information to schedule the pre-construction meeting and subsequently meets with the customer.
The contract or agreement is then written by the engineer.
If engineers determine it needs to be typed, the contract can be given to the clerical support in engineering to be typed, and an Engineering Record Clerk and/or engineer can update the missing information in the project site notebook general page, SPOD page of the New Business Case, and complete any milestones. Any notes from the pre-construction meeting can be put in the site notebook. The typed
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contract can be sent or given to the customer to sign, and should be returned to the Builder/Developer Department, along with a copy of the recorded development plan, plat of survey or any drawing that indicates lot numbers and has assigned addresses.
Contract is entered by the CSR, prompting the bill to the customer.
Customer pays the bill.
NOTE: If the Developer insists on handing a check to the engineer, they should be warned that they could receive a statement showing that amount as due. Once the contract is entered, the bill is sent unless the payment posts the same day. One possible solution is to have a teller cash machine available for the CSRs to post the check directly after entering the contract.
The preferable method is to have them pay the bill when received, eliminating the need for checks floating in the Company mail. It is crucial to have the contract entered prior to posting any check, since that prompts the Money Bucket Customer Account to be created. Otherwise, it will post in a NIPSCO Unidentified Cash Customer Account for that district, or on an existing Customer Account for that customer.
As soon as it is known to the engineer that all requirements have been met, he/she can notify the Engineering Record Clerk. She will then check to see if the contract has been paid. If it has been paid, she can update the released to construction milestone and notify the Service Commitment Team Leader. If it has not been paid, she can make a note on the site or New Business Case that all requirements have been met and we are waiting to receive payment of the contract.
The CSR should follow up on a daily basis for payment of contracts she has entered. Once paid, if a note exists that all requirements have been met, she can update the released to construction milestone and notify the Service Commitment Team Leader. The Service Commitment Team Leader then coordinate the new development service installation by contacting both the customer and the department that will be doing the work.
Once the work is complete, the department should notify the Engineering Record Clerk to update the construction complete milestone. The CSR could also be notified by the Engineering Record Clerk that the job is done, and a follow up call made by the CSR to determine customer satisfaction.
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Adding Subsite Information
As soon as the CSR receives the recorded development plans or map with all subsite information, they can begin adding each site on the
subsite page of the new development site. The general page should be filled out completely when adding the very first subsite, taking the information which is now all filled out from the general page of the development site. Each subsite added after the first one will carry this general page information over if done this way.
Questions on corner lots have been a noted problem in the past, and it is possible that the CSR may have to contact the Developer, or their contact person, or the post office to find a correct address. These are sometimes not known or change even after the house (subsite) is built.
It is also possible that street names have been changed after the subsite information has already been entered. In that case, the CSR will have to go in and change each subsite address.
No matter how careful the CSR is about adding the subsites, there are times when customers call in, are building in new developments and their already set-up subsite is not found or used. The incorrect spelling by one letter will cause a CSR to miss the existing site. Since these all go through the Service Commitment Team Leader initially, it is possible that he/she may catch the error. The CSR can then be contacted and correct the mistake by either cancelling the New Business Case on the new site and adding it to the subsite or by associating the new site as a subsite and disassociating the original subsite. Both options leave an invalid account in CIS.
When a site is associated as a subsite to a new development, it gives a small beep when you double-click to open it. This is one possible way to identify that it is a subsite.
It can also be identified by the project tab in the regular (subsite) site notebook.
-CSR to follow up with Builder Developer to get street addresses.
Dated January 22, 1997
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LETTER OF UNDERSTANDING
This letter will serve to confirm our understandings reached in the 1998 negotiations regarding successorship.
The Collective Bargaining Agreement (Agreement) between Northern Indiana Public Service Company (Company) and the United Steelworkers of America (Union) shall be binding upon the Company under the ownership of any successor which acquires the Company’s stock and thereafter engages in the same business as the Company had in the Company’s service territory. In such case, the Company shall make it a condition of the transaction that the successor shall be bound by the terms of this Agreement.
If any of the Company’s assets or operations are acquired other than by acquisition of the Company’s stock and the purchaser thereafter engages in the same business in the Company’s service territory as the Company had, the Company, the Buyer and the Union shall meet to discuss mutually acceptable terms and conditions of employment for any employees of the Company who may be affected by the sale. The Agreement shall be binding on the Buyer only to the extent that the Company, the Buyer and the Union mutually agree.
Nothing herein shall be construed to waive or diminish any existing right under the current Agreement.
Dated November 1, 1998
LETTER OF UNDERSTANDING
This letter will serve to confirm our understanding reached in the 1998 negotiations regarding neutrality.
A. Neutrality Understandings
Northern Indiana Public Service Company (“Company”) places a high value on the continuation and improvement of its relationship with the United Steelworkers of America (“Union”), as well as with all of its employees.
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We also know from experience that when both parties are involved in an organizing campaign directed at unrepresented Company employees, there is a risk that election conduct and campaign activities may have a harmful effect on the parties’ relationship. Therefore, it is incumbent on both parties to take the appropriate steps to insure that all facets of an organizing campaign will be conducted in a constructive and positive manner, which does not misrepresent to employees the facts and circumstances surrounding their employment and in a manner which neither demeans the Company nor the Union as an organization nor their respective representatives as individuals.
Employees are entitled to decide for themselves by voting in an NLRB election on whether or not they wish to be represented by the Union for purposes of collective bargaining. To underscore the
Company’s commitment in this matter, it agrees to adopt a position of neutrality in the event that the Union seeks to represent any non-represented employees of the Company. Neutrality means that the Company does not object to the Union becoming the bargaining representative of employees as a result of an NLRB election conducted in a fair and ethical manner and free from any coercion misrepresentation or other unfair tactics. If a majority of our employees indicate a desire to be represented by the Union, we will cooperate with all parties involved to expedite an NLRB election.
Toward this end, should the Union seek to organize any unrepresented segment of the Company’s workforce, or any subsidiary companies, or any joint ventures of the Company, the parties agree that when engaging in election campaigning activities they will each act in a fair, reasonable and ethical manner without disparaging the other party. In this regard, the Company agrees that it shall exercise its free speech right to communicate fairly and factually with employees regarding their terms and conditions of employment in a positive, pro-Company manner, and not in a hostile, anti-Union manner. The
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Company’s commitment in this regard is specifically conditioned on the Union’s agreement not to ridicule or demean the Company during organizing drives, and to conduct itself in a constructive and positive manner which does not misrepresent to employees the facts and circumstances surrounding their employment. When an organizing campaign directed at any unrepresented segment of the Company’s workforce is brought to the Company’s attention, Company and Union representatives will meet to discuss and address any actions inconsistent with the commitments set forth above.
In addition to the foregoing, the Company reserves the right to express its opinion about the issues raised by Union representation and to respond in good faith to employees’ inquiries regarding Union representation and to speak out in any lawful manner it deems appropriate when undue provocation is evident in the union’s organizing campaign. The Company’s obligation under this provision to not campaign in a manner hostile to the Union shall cease if the Union, its agents or representatives misrepresent to employees the facts and circumstances surrounding their employment or conducts a campaign which comments on the motives, integrity or character of the Company or its representatives.
B. Bargaining in Newly Recognized Units
In the event the Union is certified as the collective bargaining agent after a secret ballot election conducted by the National Labor Relations Board, the parties shall meet within fourteen (14) days to begin negotiations for a collective bargaining agreement covering the new bargaining unit, bearing in mind the wages, benefits, and working conditions in the most comparable operations of the Company and those of competitors to the facility in which the newly recognized unit is located. Where the Company and the Union mutually agree, the newly recognized bargaining unit will be included in an already-recognized bargaining unit represented by the Union and/or will be covered by the terms of the Master Agreement.
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C. Dispute Resolution
Any alleged violations of this Letter of Agreement, as well as any disputes involving the Company’s neutrality, alleged Union misrepresentations or misconduct during a campaign or definition of the appropriate unit, shall be brought to the Chief Spokesmen of the Company and Union. If the alleged violations or dispute cannot be satisfactorily resolved by the parties, either party may request that the permanent arbitrator resolves such dispute. The permanent arbitrator shall resolve such dispute by means of a decision to be rendered at a hearing to be held within fourteen (14) days of the making of the request at a site mutually agreeable to the parties. The arbitrator’s authority shall include ordering a new election in the event that either party commits an egregious violation of its commitments herein and benefits thereby.
Dated October 21, 1998
SENIOR CUSTOMER SERVICE REPRESENTATIVE
MAY 31, 2004
It is recognized that as part of the changes to the Senior Customer Service Representative job classification agreed to in 2004 general negotiations, those employees who currently hold recall and incumbency to this classification will not be placed in the Certified Pool.
These employees shall remain incumbent to the classification, but will not retain recall rights due to the new Certified Pool concept.
Dated: May 31, 2004
The Senior Customer Service Representative, as of June 1, 2004, shall be Labor Grade 15.
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