Article 1 Parties and Intent (July 8 2009)

1.1 This Agreement is negotiated between Covanta Holding Corporation and Covanta SEMASS LCC single and joint employers, hereinafter called the “COMPANY”, Utility Workers Union of America, AFL-CIO, and Local 369 Utility Workers Union of America, AFL-CIO hereinafter called the “LOCAL”, and or the “UNION”.

1.2 The purpose of this Agreement is to promote efficiency of operations at the Covanta SEMASS waste to energy facility located in Rochester, Massachusetts, its transfer station located at 257 Ivory Street, Braintree, Massachusetts, and its landfill at 118 Federal Road, Carver, Massachusetts (collectively the “Facility” unless the context suggests otherwise), to provide for peaceful settlement of labor disputes without strikes or lockouts, and to promote the public interest in assuring the safe, efficient, and economical operation of the Facility.

Article 2 Recognition of the Union (July 8, 2009)

2.1 The Company recognizes the Union and the Local as the exclusive representative for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other conditions of employment of all employees of the Company in the Unit, as certified by the National Labor Relations Board in Case No. 1-RC-22198 on May 12, 2008, stipulated as "All operations, power block, process and maintenance employees employed by Covanta SEMASS at its 141 Cranberry Highway, West Wareham, MA location, and its transfer station located at 257 Ivory Street, Braintree, MA and its landfill located at 118 Federal Road, Carver, MA, including storekeepers, maintenance mechanics, electrical and instrument techs, mobile equipment mechanics, utility operators, equipment operators, auxiliary operators, control room operators, assistant control room operators, truck drivers, ash systems operators, transfer station operators, transfer station scale attendants, and laborers, but excluding all office and clerical employees, professional employees, guards and supervisors as defined in the NLRA".

2.2. The Company and the Union recognize their mutual obligation to promote good union management and employee relationships. The Company realizes that maintaining rates of pay, wages, hours of employment, and other terms and conditions of employment which are equitable, reasonable and fair furthers this objective.

Article 5 Union Membership (August 6, 2009)

5.1 The Company agrees that it will require as a condition of employment that all probationary and regular employees now employed or hereafter employed in the unit subject to this Agreement to become member of the Union and shall continue as members thereafter so long as this Agreement is in effect, except as follows:

a. Employees who, because of entering into the military service of the United States prior to the date hereof, have left the employ of the Company and have been or shall be re-employed in accordance with the provisions of law to the extent that this exception is required by law;

b. Present employees during only of the one (1) month period after the effective date of this Agreement;

c. Probationary employees employed after the effective date of this Agreement during the first month or (30) days of their employment as such, whichever shall be longer;

d. Employees with respect to whom the Company has reasonable grounds for believing (1) that membership in the Union was not available to the employee on the same terms and conditions generally applicable to other members, or (2) that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership.

5.2 The Company agrees to deduct dues, initiation and other fees and remit these to the Union from the earned wages of any employee who submits written consent to the Company authorizing it to make the deductions and specifying the amount of the deductions authorized.

5.3 Any employee subject to the foregoing requirements as to Union membership who is transferred or promoted to a job title which is not subject to those requirements shall have the privilege of withdrawing from the Union membership; and the Union and the Local agree that such withdrawal shall not prevent any such employee from retaining employment in the event that thereafter the employee is transferred back to his/her former rating. The seniority status of such an employee transferred back shall be determined by mutual agreement between the parties hereto.

5.4 The Union shall defend, indemnify, and save the Company harmless against any and all claims, demands, suits, grievances, or other liability that arise out of or by reason of actions taken by the Company pursuant to Section 5.1, provided that any such actions taken by the Company were properly made in accordance with Section 5.2.

5.5 The Company all its subsidiaries agree to remain entirely neutral with regard to any future union organizing efforts., neither opposing, nor expressing an opinion or aiding the Union in its ongoing efforts.

Article 6 Management Rights (August 6, 2009)

6.1 The Company retains and shall exercise full and exclusive authority to manage all aspects of its business, operations, and affairs as it exercised before entering into this collective bargaining agreement, except as limited by the express terms of this Agreement. This means that the Company has the full and exclusive right and discretion to establish new or continue current policies, practices and procedures applicable to the conduct of business and operations at the Facility and to change or abolish these as may be determined from time to time; to determine the number and location of facilities and types of operations occurring at any facility or location; to decide the methods, processes, materials, and equipment to be employed at any facility; to discontinue or modify any method, process or operation in whole or in part; to determine whether performance of work necessitated by the method, process or operation will be performed by employees in the bargaining unit and to contract or subcontract out any or all such method, process or operation; to sell, transfer, or otherwise dispose of any facility, operation, or business of the Facility in whole or in part; to determine the number of hours per day or per week operations will occur at any Facility location; to establish wages, hours and other terms and conditions of employment; to plan for, establish, combine and abolish jobs; to create job descriptions and determine employee job requirements and qualifications and standards of performance; to determine work/shift schedules and assignments; to change work/shift schedules and assignments; to determine the number of hours per day or per week operations shall be carried on; to select and to determine the number and types of employees required; to assign work to such employees in accordance with the requirements determined by management; to hire, assign, transfer, promote, or demote employees, and to lay off, terminate, or otherwise relieve employees from duty; to make and enforce reasonable rules for efficient and safe operation, maintenance of discipline, and protection of life and property, violation of which may be just cause for discipline or discharge; to suspend, discharge, or otherwise discipline employees; and otherwise to take such measures as management may determine to be necessary or desirable for the orderly, efficient, safe and/or economical operation of the business and operations of each Covanta SEMASS facility or location.

6.2 The exercise of the rights reserved to the Company in this Article shall not be subject to the Disputes Procedure unless such right is exercised in a manner which violates an express term of this Agreement.

6.3 The Company’s failure to exercise any management right in a particular way shall not be deemed a waiver of any such right or preclude the Company from exercising the same in some other way not in conflict with the express terms of this Agreement.

Article 7 Union Activities (August 6, 2009)

7.1 Upon request of the President or Secretary Treasurer of the Union, with reasonable advance notice to the Facility manager, and if Facility operations will not be adversely affected, the Company shall allow up to three (3) employees to take time off without pay, without loss of seniority and without attendance points to attend Union sponsored business or committee meetings or conventions or similar events sponsored by the national union. The total time off permitted for this reason shall not exceed a total of fifty 50 work days per year regardless of how many employees attend such events.

7.2 Upon written request of the Secretary-Treasurer of the Local to the Vice President, the Company shall grant a leave of absence for a period of three (3) years to the full-time representatives acting as Business Agent, Secretary-Treasurer, and President of the Local. Upon reinstatement they will retain the same Company and Unit seniority and seniority on the ratings that they would have had if they had not been on leave of absence. 

7.3 The Union shall be represented at the Facility by stewards as it shall so select. The name of each steward representative shall be supplied in writing or by e-mail to the Company as soon as practicable after selection.

7.4 Union business shall not be conducted by any employee whether or not he/she is a steward and whether or not such business is related to a grievance during his or her work time unless the employee obtains prior permission from his or her supervisor. In no instance shall union business be conducted in a manner which interferes with or disrupts the work of any employee covered by this Agreement.

7.5 Non-employee representatives of the Union may visit the Facility upon reasonable advance notice and after obtaining authorization from the Facility manager and/or the Human Resources Director for the Facility. Upon arrival, the representative shall report to the administrative offices and provide proper identification. The representative shall not go to or enter any Facility location or go anywhere in a Facility location absent authorization or without an escort provided by management. The representative shall not interfere with the work of any employee or interfere with operations while visiting any Facility location. Nothing in this section shall prohibit the representative from meeting or conferring with management at reasonable times about matters governed by this Agreement.

7.6 The Company shall upon request of the Union furnish to the individual designated to the Company by the Secretary-Treasurer of the Union information with respect to the rates of pay, wages, hours of employment, and other conditions of employment for an employee governed by this Agreement.

7.7 The Company agrees to permit the Union to use designated Company bulletin boards to post notices dealing with official union business provided that in the opinion of the Facility Manager or his/her designated representative such notices are noncontroversial in nature.

Article 11 Union Responsibilities (July 8 2009)

11.1 The Union recognizes its responsibilities as the exclusive bargaining representative for employees covered by this Agreement, that the Company has only limited ability to recover increased costs of operations, and that the Company must be in a strong market position, which means that it must be able to perform its services at the lowest possible costs and otherwise be able to operate its business efficiently and economically and provide the highest quality of service to its customers, if opportunities for continuing employment, good working conditions and good wages are to be maximized. The Union therefore agrees that it will cooperate with the Company and support its efforts to assure a full day’s work on the part of employees and that it will actively combat excessive absenteeism which hurts the efficient and economic operation and management of the Company’s business. The Union further agrees that it will support the Company in its efforts to operate and manage the business covered by this Agreement as efficiently and economically as reasonably possible, to improve service, to preserve equipment, to prevent accidents, and to strengthen good will between the Company and its employees as well as with its suppliers and customers.

11.2 The Union’s failure to exercise any Union responsibility shall not be deemed a waiver of any such right or preclude the Union from exercising the responsibility in a way not in conflict with the terms of this Agreement.

Article 12 Representation (July 8, 2009)

12.1 Full Time Employee is a persons employed by the Company who it is agreed are represented by the Union under the foregoing certification as amended are those now or hereafter holding the job titles listed in Schedule A annexed. If, when new job titles are created or the duties of the incumbents of present job titles are changed, there shall be a disagreement whether an incumbent is or is not eligible for representation by the Union under any of the foregoing job titles, the question shall be decided under the Disputes procedure in Article 80. The term "employee" or "employees" as used in this Agreement means a person or persons employed by the Company in said Unit.

12.2 Probationary Employee is a new hire will be considered a probationary employee during the first six (6) months of his/her employment, unless the Company and the Union agree that circumstances warrant an extension of the probationary period. The Company shall have the right to discipline or discharge a probationary employee for any reason it deems necessary without objection from the Union and without recourse to the Disputes Procedure provisions of this Agreement.

12.3 Temporary employee is an employee who is hired to do work of a temporary nature and whose employment is expected to be of a limited duration of less than 60 days

12.4 Seasonal Employees and Co-op Students shall be regarded as temporary employees and performs work in association with a full time employees

Article 21 Work Schedules (August 6, 2009)

Work schedules shall be posted by the Company for all employees in accordance with the following rules:

21.1 Company work schedules for employees shall be posted for each four (4) week period in final form as described below. They shall specify the times at which the scheduled employees begin and end each work day and shall specify the normal work days and the normal days off for the period. However, the company retains discretion to change work schedules if necessary due to operational needs of the Facility and to address scheduling needs caused by employee vacation, use of sick/personal time and other circumstances.

21.2 The hours of a work day, as posted, shall be consecutive, except for time out for meals; but in positions where the nature of the work requires continuous operation, eight (8), ten (10), or twelve (12) consecutive hours may be worked, during which lunch may be eaten without interruption to service or deduction in pay. Such time out for meals, in those operations where time is usually taken out for meals, shall commence not less than four (4) nor more than six (6) hours after the scheduled starting time.

21.3 The Company workweek shall be the calendar week commencing on Sunday at 12:00 A.M. and two (2) of an employee's normal days off shall be consecutive.

21.4 Schedules for the employees concerned shall be posted in final form not later than 3:00 P.M. on the Wednesday before the period starts and shall be submitted to the Local's interested steward or stewards not later than 3:00 P.M. on the preceding Wednesday.

21.5 The following shall not constitute a change in the final posted schedule:

a. A change of forty-five (45) minutes or less of the time for starting and ending one or more work days from the times posted in the applicable work schedule.
b. Hours worked in lieu of posted hours at the request of or to suit the convenience of the employees.
c. A change in hours of work incident to a permanent promotion of the employee.

21.6 Departures from the regular daily assignments may be made for the convenience of an employee with the consent of the Company subject to the provisions of paragraph 6(b) of this Article, or as required by the Company when the plant is off line provided the employee is given 2 weeks 1 week notice of a change to his or her schedule. Employees who schedule has been changed otherwise shall receive a premium equal to one half times their regular rate in addition to their base rate for all hours outside their posted schedule until the required two (2) weeks 1 week notice is satisfied.

21.7 The Company will endeavor to distribute Saturday and Sunday work equitably among the employees at the work location engaged in the grade of work for which Saturday and Sunday scheduled work assignments are required.

21.8 The agreed to shifts schedules of Schedule C govern. Additions or deletions from the listed schedules may be made by mutual agreement.

ARTICLE 30 Wages (August 6, 2009)

30.1 Except as provided in this Article, and in Article 90.2 Effect of Agreement, the job titles, job classifications and rates of pay contained in the Hourly Base Rates of Pay (Schedule B) annexed hereto, effective as of the date of this agreement, shall not be changed or amended during the life of this Agreement unless by mutual agreement of the parties hereto. Employee upgraded to higher step, or working in different job title/classification shall receive the rate as called for in Schedule B, or step directed in Job Specification.

30.2 Retroactive to January 1, 2009, (minus retoractive payment made todate) the base wage rates specified on Schedule B shall be increased by 3%. The base wage rates specified on Schedule B will be adjusted by 3 2.8 %, effective January 1, 2010, and by 3 2.5 %, effective January 1, 2011.

30.3 The Company, the Union, and the Local will continue to cooperate when the introduction of any new machinery, equipment, systems, operations, or procedures occurs which calls for changes in present Job Titles/Classifications or new Job Titles/Classifications. The Company will give the Local 90 days' advance notice of such contemplated introduction of any new machinery, equipment, systems, operations, or procedures and during the 90-day period the Company will negotiate with the Local what changes in present Job Title/Classifications or new Job Title/Classifications are appropriate, the rates of pay for the same, and the treatment of employees directly or indirectly affected by such changes. During such negotiations the parties will give due consideration to training programs for employees so affected, to their promotional opportunities and seniority rights. The Company agrees that no present employee will be laid off or reduced in pay as a result of such changed or new Job Classifications. Reasonable training will be given to the affected employee or employees where necessary to assist them to qualify for the job or jobs to which they have been assigned.

30.4 A shift differential of seven six five percent (5%) (6%) (7%) of the appropriate hourly rate listed in schedule B will be paid to employees for work from 7 PM to 7 AM.

30.5 Progression and step advancement shall be governed by each job titles Job Specification attached hereto and as amended in the future which are incorporated by reference to this agreement. All employees shall be granted a reasonable amount of paid time each week to train for advancements for his/or her next progression step. Employees working 12 hour shifts will be offered 4 hours of straight time work on any scheduled 36 hour workweek of Schedule C - "Work Schedules" for the purpose of training.

Article 31 Overtime and Premium Pay (August 6, 2009)

31.1 Employees shall be paid time and one-half (1 1/2) their regular rate for all hours worked outside an employee’s posted regular schedule, and greater than 40 hours in the work week.

31.2 Time and one-half (1 1/2) shall be paid for all hours worked on a Holiday in addition to any payments required in Article 41 Holidays.

31.3 Time and one-quarter (1 1/4) twenty (20%) percent shall be paid for all hours work on Sunday as such.

31.4 The Company shall endeavor to distribute overtime shall be equally distributed on an equal basis to available and qualified employees within the respective Departments and Job Classifications.

31.5 If an employee is incorrectly scheduled and allowed to work overtime as a result of an inaccurate overtime list, the employee who should have worked the overtime shall be offered the next available overtime in the employee’s classification.

31.6 Employees who are authorized to use their personal cars for Company business shall be reimbursed for parking, tolls and mileage at the allowable mileage rate established by the IRS Guidelines. Any adjustment in such rate shall be effective the first day of the following month.

Article 34 Beeper Pay (July 8, 2009)

34.1 An employee who is assigned to carry a beeper during the employee's “off” hours will be paid the following beeper pay rates: $18 $15 per day Monday through Friday, $40 per weekend ( $20 for one [1] day of weekend), and $40 $35 for holidays.

Article 35 Employee Waste Disposal (August 6, 2009)

35.1 The Company shall continue to provide a covered roll off container located in the employee parking lot for employees to dispose of thier house hold waste.

Article 36 Performance Management and Compensation Program (August 6, 2009)

36.1 See Union Proposal August 5, 2009

Article 40 Vacations (August 6, 2009)

40.1 Vacation Eligibility - Upon hire, regular full-time employees begin to accrue vacation. New hires are subject to a six (6) month initial employment period and must complete six (6) months of service before they are eligible to use vacation.

40.2 Employees shall accrue vacation as follows:

40.3 Vacation is deemed accrued for any given month only if the employee has worked/remained employed for the entire month

40.4 The vacation year is based on a calendar year between January 1 and December 31.  Employees are credited with vacation hours for any year of service on January 1 of each year.  Under normal operating conditions, employees will be expected to use their accrued vacation in the year accrual is granted.

40.5 All vacation must be scheduled with and approved by management.  Vacation requests must be submitted in writing 2 weeks prior to the start of requested vacation for consideration by management.  Management retains the discretion to determine the number of vacation requests to be granted during any given time period based on operational needs and efficiency.

40.6 All vacation requests for the months of June, July and August must be submitted to the Company in writing by April 1 of each year.  Company seniority will determine vacation eligibility for employees who submit vacation requests for these months by April 1.  In all other instances, vacation eligibility shall be determined based on the order in which written requests are received.

40.7 Under normal operating conditions, employees will be expected to use their accrued vacation in the year accrual is granted.  Under certain circumstances employees may not be able to utilize all of their accrued vacation.  With the approval of their supervisor employees may sell back up to ½ of their annual vacation allocation.

40.8 Employees shall use vacation in one week increments. No employee shall be entitled to take more than two (2) consecutive weeks of vacation at a time. An employee wishing to take more than two (2) weeks’ vacation time must obtain approval of the Facility Manager. Every effort, consistent with providing good service to the Facility, will be made to accommodate requests for longer vacations. Requests for longer vacations will not be unreasonably denied.

40.9 Vacation pay will be computed on the basis of the employee’s regular straight-time hourly rate and workweek. Vacation hours shall  be charged based on the employees regularly scheduled work day or week and scheduled overtime as applicable. Vacation time includes adjacent days off, during such time employees are not subject to call-in.

40.10 If a Company paid holiday occurs during an employee’s vacation, the employee will be entitled to both holiday and vacation pay for that day. Floating holidays can be used to supplement vacation hours to make up a full vacation week.

Article 41 Holidays (August 6, 2009)

41.1 Employees will receive pay for ten (10) holidays per year. Pay for the holiday will amount to the employee’s normal pay for each shift. The following six (6) holidays are observed by the Company:

41.2 The remaining four (4) holidays will be determined by the Company on an annual basis and posted the preceding December.  Should the Company fail to do so, each employee shall determine the employee’s remaining four (4) holidays which shall be designated as floating holidays.  Floating holidays must be used during the calendar year.  The Company will not compensate employees for unused floating holidays.

41.3 To be eligible to receive holiday pay, an employee must have worked their last scheduled working day preceding, and their first scheduled working day succeeding the holiday, unless excused by the Company. When required to work on a holiday pay shall be as required by Article 31.

Article 46 Combined Personal /Sick Time (August 6, 2009)

46.1 An employee shall be eligible for up to Sixty (60) fifty eight (58) fifty six (56) hours of combined personal/sick time every calendar year. During their first year of employment, new hires are eligible for up to Sixty (60) hours of combined personal/sick time if hired before November 1 and are eligible for up to thirty (30) hours if hired November 1 or after.

46.2 Combined personal/sick time accrues at the rate of 5.00 4.83 4.67 hours per month and shall paid pay in advance each May in the first pay period. An Employee who terminates employment shall be required to reimburse the Company for unaccrued paid combined personal/sick time which shall be withheld from the employee’s final paycheck.

46.3 Use of personal time must be approved in advance by the employee’s supervisor, except in the case of an emergency. An employee shall give ten (10) working days notice of any request for personal time, except in the case of an emergency.

Article 73 Emergency Response Team (July 8, 2009)

73.1 Employees that volunteer to be a member of Emergency Response Team (ERT), in the positions of Fire Fighter, First Responder Haz Mat, Confined Space Rescue, and /or Emergence Medical Technician (EMT), shall receive a premium of one dollar fifty cents $ 0.50 an hour for all hours worked.

73.2. The Company shall determine the number of employees, which shall be no less than thirty (30), needed to serve as ERT members and whether an employee is qualified to serve as an ERT member.  Job seniority shall govern selection between otherwise qualified employees.

73.3 The Company shall supply all required material and equipment and initial, and/or required refresher training for all ERT positions. All hours spent training associated with ERT positions shall be work hours.

Article 77 Medical Surveillance Program (July 14, 2009)

77.1 The Company will continue its current medical surveillance program (MSP) and provide a copy of the periodic test results to the Union upon request.  The MSP shall monitor the following constituents:

77.2 Employee’s identified by the MSP with a constituent level equal to or greater than to the special notification limit shall meet with Company Safety Personnel and Union Representatives to review the employee’s personal protective equipment (PPE), usage, training, adequacy and possible replacement.  A mutually acceptable plan shall be developed with the objective to reduce the constituent below the special notification limit.

77.3 Employee’s identified by the MSP with a constituent level equal to or greater than the relief limit shall be removed from the employees current assignment and the employee shall be reassigned to a position with reduced potential exposure to the constituent identified by the MSP without reduction in wages or adjustment in seniority. An Employee so removed, shall not be returned to his or hers normal duties until the constituent is below the special notification limit.

Schedule C Work Schedules (March 3 2009)

The Union will present a complete listing of all proposed schedules after it receives copies of the present work schedules from Covanta, and reserves its rights to modify this proposal to contain the broad subjects of employee schedules.