Article 1 Parties and Intent Agreement

1.1 This Agreement is negotiated between Covanta SEMASS LCC Covanta, hereinafter called the “COMPANY”, Local 369 Utility Workers Union of America, AFL-CIO hereinafter called the “LOCAL”, and the Utility Workers Union of America, AFL-CIO hereinafter called 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 Ma, 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)  hereinafter called the “Facility”, and to provide for peaceful settlement of labor disputes without strikes or lockouts, and to promote thereby promoting the public interest in assuring the timely safe, efficient, and economical operation of the Facility.

Article 3 Conformation to Laws, Regulations and Orders

3.1 It is understood and agreed that all agreements herein All provisions of this Agreement are subject to and shall be construed in accordance with all applicable federal, state and local laws and regulations now or hereafter in effect and to the lawful regulations, rulings, and or orders issued by any court, administrative agency, or of regulatory commissions having jurisdiction. If any of said laws, regulations, rulings, or orders shall conflict with any provisions of this Agreement, the parties shall confer in an effort to negotiate a lawful substitution or modification; but, if as a result of such conference no substitution or modification is agreed upon, the disagreement shall not affect the remaining provisions of this Agreement and shall not constitute a question subject to the Disputes procedure.

3.2 Nothing in this Agreement shall be deemed to require the Company, the Union, or the Local to commit an unfair labor practice or other act that is forbidden by, or is an offense under, existing or future laws affecting the relations of the Company with its employees.

Article 4 Mutual Obligations

4.1 The Company recognizes an obligation to promote good employee relations by maintaining rates of pay, wages, hours of employment, and other conditions of employment that are equitable, reasonable, and fair; and the Union and the Local recognize the obligation of the Company to furnish adequate uninterrupted service to the public and to maintain such earnings as will enable the Company adequately to perform its duties. The Company will not discriminate against an employee because of his/her membership in or his/her lawful activity on behalf of the Union. Neither the Company nor the Local will unlawfully discriminate against an employee because of race, color, religion, sex, sexual orientation, national origin, age, or handicap.

ARTICLE 5 Union Membership

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 under job titles subject to this Agreement or hereafter transferred to such job titles shall become members 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 the period of one (1) month after the date of this Agreement;
c. Probationary employees employed hereafter, 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 If an employee shall become subject to discharge by the Company because of the foregoing provisions as to membership in the Union, the questions whether such discharge is justifiable or required under all the circumstances and is lawful shall be decided (if the Company or the Union requests, but without prejudice to such other rights as the employee may have) in accordance with the Dispute Procedure in Article 80.

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 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.

5.5 In addition, with prior consultation with the designated officials of the Company, the Union shall have reasonable access for communications to employees in a manner which does not disrupt operations.

5.6 Prior to requesting recognition, the Union will present signed authorization cards from sixty percent (60%) of the employees to an arbitrator mutually selected by the parties through the American Arbitration Association. If there is a disagreement between the parties as to the appropriateness of the group seeking recognition, the arbitrator shall have the authority to determine whether the group is appropriate for recognition. If so, the arbitrator will be provided signature samples from the Company records to verify the authenticity of the cards presented by the Union.

5.7 Upon the Arbitrator's written award finding that the cards presented, in fact, constitute sixty percent (60%) of the appropriate group seeking recognition, Covanta shall extend recognition to the Local, and the Union.

Article 6 Management Rights

6.1 The Company retains and shall exercise full and exclusive authority for the management of all aspects of its operations, except as expressly limited by the terms of this Agreement. Management reserves the exclusive right to determine the size and composition of the work force including, but not limited to, the right to hire, promote, demote, layoff, terminate for cause, determine employee qualifications and reasonable standards of performance, determine shift schedules and assignments, to assign employees any work to meet the Company’s operational and maintenance needs, and to subcontract out any work, provided the majority of the routine preventative maintenance work will be performed by members of the Bargaining Unit. The Company will not cause a layoff by subcontracting work of this Unit. If an employee or the Local claims that the Company has exercised any of the foregoing rights in an unjust or unreasonable manner, such claim shall be subject to the Dispute Procedure in Article 80.

6.2 The Parties agree that the primary function of a Supervisor is to supervise, and routinely they shall not perform work which traditionally has been performed exclusively by the Bargaining Unit employees. Both parties recognize, however, that Supervisors may be required to perform such work in emergencies, in connection with the instruction of the Bargaining Unit employees, or as a part of the normal cooperation and assistance given by Supervisors to Bargaining Unit employees, or when there are no other qualified Bargaining Unit employees within the Division available.

6.3 The Company, the Union, and the Local recognize the responsibility of the employees to comply with reasonable rules, regulations, and practices prescribed by the Company which do not conflict with the provisions of this Agreement.The Union agrees that the work rules attached as an addendum to this Agreement are reasonable. Before implementation of additional work rules, the Company shall provide ten (10) days notice to the Union and an opportunity to discuss proposed new rules.

Article 7 Union Activities

7.1 Employees shall not engage in Union activities during working hours time except with the consent of a Company designated representative. The name of each steward shall be supplied in writing, or email, to the Company.

7.2 The Company designated representative shall give such consent, including permission for accredited representatives of the Local, to visit work locations during working hours time in connection with matters arising out of this Agreement when such consent may be given without serious interference with the work. The person in charge of the work location will furnish, if required, a guide for reasons of personal safety.

7.3 The full time representatives, acting as Business Agent, Secretary-Treasurer and President of the Local, or a designated alternate will, upon proper identification, have the right to visit any specified work location where members of the Local are at work after securing permission from the Plant Manager or his/her designated alternate. The person in charge of the work location will furnish, if required, a guide for reasons of personal safety.

7.4 The Union Steward at the work location, after arranging with his/her Supervisor, may confer at reasonable times and for reasonable periods with employees or with his/her Supervisor concerning grievances, provided there is no serious interference with the work.

7.5 Upon request of the President or Secretary-Treasurer of the Local to the Plant Manager, the Company will, on reasonable notice, and so far as the exigencies of its business permit, allow up to three (3) employees time off, without loss of seniority but without pay, to attend business or committee meetings or conventions of the Union or affiliate. The Company agrees to pay such employees and the Union agrees to reimburse the Company for such pay.

7.6 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 Department seniority and seniority on the ratings that they would have had if they had not been on leave of absence. Upon their permanent promotion to the next higher rating on the job progression chart showing the ratings held by them at the time of their leave of absence, they shall advance on said next higher rating to the roster position they would have had:
a. if they would have been promoted to said next higher rating during the period of their leave of absence had they not taken such leave; and
b. If they are found qualified by fitness and ability and are promoted at the time when the first vacancy occurs after their return from leave of absence.

7.7 Upon the request of the President of the National Union or his/her designated alternate to the Plant Manager, the Company shall grant a leave of absence for a period not to exceed one (1) year to not more than one (1) employee for Local or National Union activity.

7.8 In case of any leave of absence authorized by the Plant Manager or his/her designated representative extending over a period of four (4) consecutive weeks, participation in the Company's group insurance, retirement, and hospitalization and surgical benefit plans shall be a subject of special arrangement with the Plant Manager or his/her designated representative. The Company will not pay any part of the cost of such participation.

7.9 The Company shall upon request of the Local furnish to the individual designated to the Company by the Secretary-Treasurer of the Local information with respect to the rates of pay, wages, hours of employment and other conditions of employment of any employee.

7.10 The Company agrees to permit the Local to use designated Company bulletin boards for posting notices dealing with official union business provided that in the opinion of the Plant Manager or his/her designated representative such notices are noncontroversial in nature.

Article 8 Supervisors

8.1 The Company and the Union agree that the primary function of a Supervisor is to supervise.  Supervisors shall not routinely perform work which traditionally has been performed by employees in the Unit. The Company and the Union agree, however, that Supervisors may perform such work in emergencies, in connection with the instruction of one or more employees in the Unit, as a part of the normal cooperation and assistance given by Supervisors to employees in the Unit, or when there is no qualified employee in the Unit employees available to perform the work.

Article 9 Subcontracting

9.1 It is the intention of the Company to utilize employees covered by this agreement to perform the necessary and majority of work at the Facility. The Company and the Union also acknowledge that the Company may need to exercise its reasonable discretion from time to time to subcontract for the performance of various tasks and functions at the Facility to ensure cost effective and efficient operation of the Facility.

9.2 The Company retains and shall exercise full and exclusive authority to subcontract out any task or function at the Facility should it determine that employees at the facility cannot cost effectively or efficiently perform the task or function. The Company will not cause a layoff of any employee in the Unit by subcontracting any task or function which employees in the Unit may be qualified to perform.

9.3 An employee who claims that the Company has subcontracted any task or function in violation of this Article may file a grievance in accordance with the Dispute Procedure in Article 80. 

Article 10 No Strike, No Lockout

10.1 The Company and the Union agree that strikes and lockouts are undesirable means of settling disputes between them.  The Union agrees that during the term of this Agreement it will not strike.  The Company agrees that during the term of this Agreement it will not lockout employees. 

Article 20 Paydays and Recording Time

20.1 Employees are shall be paid on a weekly basis each Friday Fridays weekly, based on job location, job classification and in accordance with federal and state laws. The Company encourages all employees to take advantage of direct deposit options available to them. For those employees who do not choose direct deposit, pay checks will be mailed to their address on file with the Human Resources Department.

20.2 Each employee is required to accurately record the employee's work hours on a daily basis and to prepare timekeeping records for approval and processing by the employee's supervisor at the end of each pay period. An employee who willfully falsifies a timekeeping record shall be subject to discipline up to and including termination of employment.

Article 21 Work Schedules
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 (in forty (40) hour weeks), and the normal days off for the period.

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 In the event of a disagreement between the steward or stewards and the department head regarding any feature of a final schedule not settled under these provisions or Article 20, such schedule shall become effective when posted, but thereafter, the disagreement may be subject to the Dispute Procedure in Article 80.

21.6 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.

21.7 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.

21.8 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.

21.9  Employees shall have the right to bid to select a shift every twelve (12) months based on job rate seniority. Bidding will occur in the last week of September in each year.

21.10 The 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

30.1 Except as provided in this Article, and in Article 90 Amendments of this Agreement, the job titles, job classifications and rates of pay contained in the Hourly Base Rates of Pay (Schedule B) annexed hereto, effective August 1, 2008, 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.

30.2 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.

30.3 A shift differential of seven percent (7%) of the appropriate hourly rate listed in schedule B will be paid to employees for work on the afternoon shift and/or a shift differential of ten percent (10%) of the appropriate hourly rate listed in schedule B will be paid to employees for work on the night shift. For the purpose of this adjustment afternoon shift, night shift are defined as all posted hours from 3PM to 11PM (afternoon shift), and 11PM to 7AM (night shift).

30.4 The Company and the Union agree a Peer Review Panel as provided in Article 80 will examine and develop specific qualifications for each step listed on Schedule B Hourly Base Rates of Pay based on the reasonable nexus between normal job duties, and specific qualification. If the Peer Review Panel is unable to formulate specific step qualification for any listed job title the matter shall be referred to “interest arbitration” as provided in Article 80, however the restriction of Article 80.9 shall not apply and the Arbitrator is empowered to determine the specific qualification of the applicable step.

Article 31 Overtime and Premium Pay

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

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—third (1 1/3) shall be paid for all hours work on Sunday as such.

31.4 Overtime shall be equally distributed to available and qualified employees within the respective Departments and Job Classifications.

31.5 It is agreed and understood that during the term of this agreement, if the Company calls the wrong employee for Overtime as a result of an inaccurate list, the bypassed employee shall be offered the next available Overtime in their 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 GSA Guidelines. Any adjustment in such rate shall be effective the first day of the following month.

31.7 Employees required to report to an alternate work location shall be paid at the overtime rate for two hours each day of such assignment.  For the purposes of this Article "alternate work location" is defined as a location outside a ten mile radius of an employees normal and customary reporting location.

Article 32 Rest-Time Pay

32.1 In the event of an emergency or unusual circumstance, hourly employees an employee may be required to work in excess of sixteen (16) consecutive hours.

32.2 An employee Employees who are is required to work sixteen (16) or more consecutive hours shall be granted a “rest time” for at least eight (8) hours, prior to the employee’s next scheduled work shift. In the event that the eight (8) hour “rest time,” or any other benefit required by applicable state or local law, extends past the start of the employee’s next normally scheduled shift, the employee shall be paid his/her straight time rate for those overlapping hours. Payment shall not be made for scheduled overtime not worked due to “rest time.” Rest time counts toward the calculation of overtime. Rest time does not count against the attendance bonus.

Article 33 Call-In Pay

33.1 An employee may be “called-in” without advance notice to work during unscheduled time off. An employee who is "called in" to work shall receive two (2) times their the employee's job classification base hourly rate for all hours worked outside their the employee's normal schedule, or a minimum of two (2) hours paid at double-time. Without advance notice is defined as eight (8) hours or less prior to before the start of the scheduled shift; eight (8) hours or less since the employee departed the plant; or the employee is “called-in” on a non-scheduled work day (his/her day off).

33.2 “Call-in” pay only applies when the employee is not at the facility (or other Company location or work assignment) when notified to report to work. Coming in on a scheduled day off to attend training or a safety meeting does not constitute “call-in.” “Call in” pay begins when the employee arrives at the facility, except as otherwise required by applicable federal or state law.

Article 34 Beeper Pay

34.1 Employees who are assigned to carry a beeper during their “off” hours will be paid the following beeper pay rates: $20 per day Monday through Friday, $50 per weekend ($25 for one [1] day of weekend), and $50 for holidays.

34.2 The above rates are subject to annual ajustment as provided in Article 35 Cost of Living Adjustments.

Article 36 Performance Management and Compensation Program

36.1 Covanta Entergy Corporation 2008 Cash Bonus Program is incorporated into this agreement. The Company agrees that any reference to applicability to only non-represented employees is without cause or effect, and all bonus payments directed therein for hourly employees shall be paid to unit employees. Further the Company agrees during the term of this agreement, and any extension thereof, any subsequent “Covanta Entergy Corporation Cash Bonus Program” or like bonus program, is also incorporated into this agreement, and all bonus payments directed therein for hourly employees shall be paid to unit employees.

Article 40 Vacations

40.2 Under normal operating conditions, employees will be expected to use their accrued vacation in the year accrual is granted.

40.3 Employees will be allowed to accrue vacation time up to a maximum of two (2) times their annual vacation allowance and, if an employee exceeds this maximum accrual, management may schedule the excess vacation time, provided that thirty (30) calendar days’ notice is given to the employee, or receive vacation as equivalent amount of pay.

40.4 Employees will not be authorized to take more than two (2) consecutive weeks of vacation at a time. Employees may only use their seniority to select two (2) weeks of vacation during June, July or August. Employees wishing to take more than two (2) weeks’ vacation time during June, July and August will require approval of the Facility Manager. Every effort, consistent with providing good service to the Plant, will be made to accommodate request for longer vacations. Requests for longer vacations will not be unreasonably denied.

40.5 Vacation will be computed on the basis of the employee’s regular straight-time hourly rate, including shift premiums and Sunday premiums. Vacation hours shall only be charged for straight time hours, vacation hours shall not be charged for scheduled overtime. Vacation time includes includes adjacent days off, during such time employees are not subject to call-in. 

40.6 If one of the paid holidays falls in the vacation period chosen, the employee will be entitled to an additional day’s pay. Personal hours and/or floating holidays can be used to supplement vacation hours to make up a full vacation week or vacation day.

40.7 All primetime (June, July, August) vacation requests must be submitted to the Company by April 1 of each year, and after that date, seniority rights will be waived for the purpose of vacation selection in primetime. Vacations may be taken in single days. Vacation requests (single or weekly) must be submitted with a minimum of ten (10) days’ notice.

Article 41 Holidays

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 each individual employee and are designated as floating. Floating holidays must be used during the calendar year. 

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.

41.4 When a holiday falls on an employee’s scheduled day off, that employee may elect to observe the holiday on another day with a minimum of one week’s notice.

Article 42 Bereavement

42.1 An employee will be excused with pay for up to three (3) days absence as required by death in immediate family or household. For the purpose of this article, immediate family includes spouse, child, parents, guardians, brother, sister, sons/daughters in— law, stepchildren and father/mother in-law. An employee will be excused with pay for one days absence for grandparents and grandchildren.

42.2 Regular straight time pay up to one (1) full shift per day for time lost will be paid.

42.1 An employee shall be eligible for excused absence for bereavement with pay not to exceed three (3) days per year. Up to three (3) days of excused absence will be granted due to the death in the employee's immediate family or household. One (1) day of excused absence will be granted due to the death of a grandparent or grandchild. Only regular straight time pay lost as a result of bereavement shall be reimbursed up to a maximum of three (3) days per year.

42.2 If additional time off is required, an employee may schedule this with his or her supervisor. The employee may use available personal or vacation days. Otherwise, unpaid leave will be considered.

42.3 Immediate family is deemed to be spouse, child, step child, father, mother, brother, sister, current father-in-law and current mother-in-law, and sons/daughters-in-law.

42.4 Verification of death shall may be requested by made to the satisfaction of the Company.

42.5 For other funeral arrangements not specified above, an employee may schedule time off with the employee’s supervisor. The employee may use available personal or vacation days. Otherwise, unpaid leave will be considered. 

42.6 3 Bereavement days do not count against the attendance bonus.

Article 43 Jury Duty

43.1 If a full-time permanent employee is absent as a result of being called for jury duty will be paid his/her regular hourly rate for forty (40) hours for each week or for eight (8) hours for each day of such verified absence. The employee's days off during the week of such absence for jury duty shall be deemed to be Sunday and Saturday. An employee shall be eligible for payment under this paragraph only once every three (3) years. An employee subpoenaed as a witness in a Massachusetts Court during scheduled work hours shall be paid for no more than eight (8) hours of such time for each day on which s/he is required to comply with said subpoena provided that s/he shall be eligible for this payment only once every three (3) years. An employee shall not be eligible if s/he is a party to the court action and must submit a copy of the subpoena to his/her supervisor as soon as it is received.

43.2 Days off as provided above do not count against the attendance bonus.

Article 44 Military Leave

44.1 An employee hired prior to April August 1 in any year who is absent for an ordered short tour of military service training or duty with any organized Reserve or National Guard unit will be paid the difference (if any) between his/her regular pay hourly rate for forty (40) hours and his/her certified military pay for the first two (2) weeks each week of such absence, provided that said difference will not be paid for more than twenty (20) weeks, covering ten (100) Company work days, in any calendar year. An employee will be permitted, when ordered to report for military duty, other than at his/her own request, one extra day for travel if authorized by the military. , but pay for total travel and military leave shall not be in excess of one hundred and one (101) days. Employees called to duty at a time of war declared by the President of the United States shall be paid eight (8) additional weeks difference (if any) between his/her regular pay.

44.2 Military leave does not count against the attendance bonus.

Article 46 Sick Time

46.1 This agreement provides undefined sick days for all employees. In lieu of a designated or fixed number of hours (or days) for sick leave, employees are able to take sick time as needed. The Company may, however, request a doctor’s note to validate illness/injury.

Article 47 Personal Time

47.1 This agreement provides up to two (2) shifts of personal time every calendar year for observances of religious holidays or to attend to personal matters. In the first year of employment, however, newly hired employees are eligible for two (2) shifts of personal time if hired before July 1 and are eligible for one (1) shift of personal time if hired July 1st or after.

47.2 Part-Time Employees - Part-time employees are eligible for a prorated number of personal time hours that would be equivalent to the ratio of full-time employee eligibility, based on the same hire date criteria. Part-time employees will be paid for the number of hours they were normally scheduled to work on the day the personal time is taken.

47.3 Unused personal hours may not be carried over from one calendar year to the next, however, all employees may sell back unused personal hours at the end of the year.

47.4 There is no waiting period for new hires – eligibility for personal time is upon hire. Personal hours do not count toward the calculation of overtime and do not count against the attendance bonus.

47.5 An employee’s manager must approve all personal time in advance, except in the case of emergency.

Article 48 Family and Medical Leave (FMLA)

48.1 Covanta will comply with all applicable provisions of the Family Medical Leave Act in force at the time of any request for sick or family and medical leave without denying employees any benefits provided by this collective bargaining agreement.

48.2 The maximum annual twelve (12) weeks of FMLA entitlement will be calculated on a 12 month calendar year basis measured from January 1 of each year. Covanta and an employees shall comply with all notice, certification and return to work requirements specified in the FMLA.

48.3 The twelve (12) week FMLA leave entitlement consists of 60 work days. An employee shall may use available sick and vacation time during FMLA leave. FMLA leave shall run concurrently with and shall not add to the maximum disability leave for which an employee may be eligible.

48.4 When an employee is off work and the absence qualifies under the FMLA provisions, such absence will be counted toward the employee’s maximum, annual twelve (12) week FMLA entitlement.

Article 50 Seniority

50.1 Seniority is length of continuous service with the Company or at the Facility, whichever is longer. Job Seniority is length of continuous service in a particular job title/classification (job title and job classification herein have the same meaning). Unit Seniority is length of continuous service in the respective Department. The Company shall prepare and shall provide the Union a copy of a seniority list, listing Company, Unit, Job seniority for each unit employee. The seniority list shall be incorporated into this agreement as amended. The Company shall deliver such amended seniority lists with in 14 days of change, as the result of new hires, retirements, terminations, and/or recall.

50.2 All new employees are on probation for six (6) months. During the probationary period, an employee may be terminated by the Company at any time and for any reason without recourse to the Dispute Procedure. Notwithstanding this Article, an employee retained after the initial thirty (30) days of their probationary period may use the Dispute Provisions of this Agreement for any reason not related to discharge.

50.3 An employees Seniority date shall commence on the original date of employment if that employee is retained after their probationary period.

50.4 When a new or vacant job is established within the bargaining unit, the Company will post the vacancy on all available bulletin boards for seven (7) days, and provide a copy to the Union. A copy of the job description shall be posted with the posting or made available upon request. Employees who desire to be employed on such new or vacant job shall bid in writing, or by email, during such seven (7) day period. All employees may bid to fill the vacancy, and all bids will be considered except in cases where the bidding employee lacks the qualifications to do the job. Where two or more qualified employees bid for the vacancy, the senior employee shall be given the job. If no bidding employee is qualified to perform the job, the Company may fill the opening from outside the Unit. The Company shall have the right to fill the new or vacant job after the expiration of the posting period either from inside or outside the Plant. Employees awarded bids as above, or promotions shall be given sixty (60) days trial period at the job. If the employee does not perform satisfactorily during sixty (60) days, the employee shall be returned to their old job, without loss of seniority.

50.5 Employees whose bid shift is eliminated, or an employee who is bumped from his shift may first bump any junior employee within their classification.
Employees displaced from a job classification, who remain on active payroll, shall be recalled to that classification in the reverse order in which they were displaced. Employees displaced with less than one year Company seniority shall retain the right of recall for one year. Employees with more than one year of Company seniority shall retain the right of recall, if qualified, unless they refuse a recall, at which time they shall be removed from the seniority list described in section 50.1

50.6 When a vacancy occurs in a job classification on a shift, the vacancy shall first be filled by bidding employees within the classification as the vacancy. Then the vacancy in a Job classification shall be bid within the Company. As between bidding employees, the vacancy will be filled on the basis of job seniority. The Employer may post as provided above concurrently.

50.7 Unit Seniority shall control for the choice of vacation schedules.

50.8 Layoff and Recall:

a. In the event that a layoff becomes necessary within a job classification, probationary employees within that job classification shall be laid off first without regard to their individual periods of employment. Non-probationary employees within that job classification shall be the next to be laid off on the basis of their job seniority. If an employee to be laid off has greater unit seniority than others in lower classifications, such employee shall have the right to displace the employee with the least job seniority in the next lower classification, if qualified to perform the work.

b. Whenever a vacancy occurs in a job classification, employees who are on layoff in that classification shall be recalled in the reverse order in which they were laid off. If the number of employees to be recalled within a job classification exceeds the number of employees then on layoff from the job classification, employees then on layoff from another job classification shall be recalled provided that they are presently qualified to perform the work which they are recalled.

50.9 All layoffs shall be implemented on the last day of the workweek, and all recalls shall be implemented on the first day of the workweek. Employees and the Union shall receive two (2) weeks notice of layoff.

• Salary Continuation Program (STD)
• Long Term Disability (LTD)
• Savings Plan (401K)
• Pension Plan
• Group Vision Care Plan (VSP)
• Delta Dental
• Cigna HealthCare PPO
• Cigna HealthCare POS
• Horizon Healthcare Blue Cross Blue Shield (BCBS)
• Group Voluntary Accidental Death and Dismemberment Insurance
• Group Accidental Death and Dismemberment Insurance
• Life, Supplemental Life and Supplemental Dependant Life
• Section 125 Flexible Benefits Program

Article 70 Clothing and Equipment

70.1 Protective Clothing (a) For the safety and protection of its employees the Company shall continue to have available all provide personal protection safety equipment and clothing for use by employees when necessary for their health and safety and protection.

70.2 Uniforms, including helmets, long sleeved shirts, trousers, jackets, zippered coveralls, and gloves will be provided. Winter gear shall be provided and maintained for employees requiring such protection. Such gear will include, depending on the uniform service, a choice of parka and pants, coveralls, or bibs and jackets. Other employees shall be provided with a winter jacket. The Company will launder these at no cost to the employee. Dirty uniforms must be left at the facility and shall not be worn, taken home, or laundered at home. Only Company issued labels or patches may be worn on the uniforms and helmets.

70.3 (b) The Company will also will supply necessary personal protective protection equipment and clothing for employees  exposures occurring outside the ordinary activities of a man/woman's employment. (C) The company will provide and laundered, uniforms, which shall include zippered coveralls, rain and snow gear This will include fire retardant clothing for those employees requiring such protection as determined by any applicable OSHA standard.

70.2 The Company will provide a yearly fire retardant clothing for those employees requiring such protection as determined by the applicable OSHA standard.

70.3 The Company will provide safety shoes for all employees. The Company will provide proscription safety glasses.

70.4 The Company will select and furnish the necessary equipment and proper tools for carrying out any assigned work.

70.5 The Company shall annually provide each January a $175.00 subsidy for employee’s purchase of ANS 1-approved/leather upper, steel toed, protective work boots with puncture resistance or high density medium-lug soles. Employees with special requirements will not be unreasonably denied additional subsidy to purchase the required foot protection. New employees hired prior to June 1st shall receive the shoe allowance when hired. New employees hired after June 1st will have to furnish their own shoes until they are eligible for the reimbursement the following January. The Company shall also provide safety glasses and proscription safety glasses to employees.

71.1 The Company and the Union agree to form a Safety Committee for the Facility. The committee shall be comprised of managers or supervisors selected by the Company and 8 members of the Unit. The committee shall meet at least on a monthly basis and otherwise as necessary. The committee may make recommendations to the Company related occupational safety and health rules practices and procedures for the Facility, accident avoidance, elimination of any unsafe practices or conditions, promotion of employee health, safety and wellness, means to educate employees about and to motivate them to adopt safe work practices and to abide by safety and health rules, practices and procedures.

a. The employees shall select their representatives for the Safety Committee.
b. Company scheduled and approved Safety Committee meetings and activities shall be compensated time.

72.1 Purpose and scope of this article is to promote a work environment free of employees who are in possession of illegal drugs or alcohol in their system, or who are abusing prescription drugs. It is the purpose of this article to ensure that all employees are reasonably free of the presence of these substances, in order to maintain a safe and orderly work environment. Actions that obstruct or inhibit the achievement of a drug-free workplace are unacceptable.

72.2 DEFINITIONS:
“Alcohol:” The intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohols including methyl or isopropyl alcohols.

“Positive Alcohol Test:” Identification of an alcohol content level at or above .04% by use of evidential grade breath analyzer, or laboratory analysis of blood.

“Positive Drug Test:” Identification of a controlled substance at or above the threshold values designated by the National Institute on Drug Abuse (NIDA) in a urine or blood sample by an immunoassay screening and confirmed by gas chromatography with mass spectrometry.

“Illegal Drugs:” Any controlled substance, as defined in the general laws of the Commonwealth of Massachusetts.

“Impaired:” (1) When an employee’s behavior or performance is affected to an observable extent by alcohol, drugs, or other substances. (2) Without regard to an employee’s behavior or performance, an employee shall be deemed to be impaired when his/her alcohol content level is at or above the level allowed for drivers of commercial vehicles under the Motor Vehicle Laws of the Commonwealth of Massachusetts.

"Medical Review Officer:" (MRO) means a licensed physician who is responsible for receiving laboratory results and who has the appropriate medical training to properly interpret and evaluate an individual's drug and validity test results together with his or her medical history and any other relevant biomedical information.

72.3 This article prohibits the following: unlawful manufacture, distribution, dispensing, possession, or use of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, cocaine, anabolic steroids, alcohol, or any other controlled substance as determined by an MRO after review of testing results. In addition, no employee shall be impaired by the excessive use of alcohol or prescription or non-prescription drugs while on company property or while performing duties within the scope of his/her employment for the company as determined by an MRO after review of testing results.

72.4 The proper use or possession of a drug authorized by valid medical prescription from a legally authorized health care provider shall not be considered a violation of this article when the drug is taken by the person for whom the drug was prescribed and according to the use or dosage directed by the physician.

72.5 Violation of this Article shall subject the employee to disciplinary action as directed by Article 81 Discipline. Additionally, emphasis shall be given to rehabilitation of the employee. Any employee in violation of this article shall be provided information concerning Employee Assistance Program (EAP).

72.6 Employee may be required to submit to a drug or alcohol test when there is reasonable suspicion to believe that the employee is using alcohol or illegal drugs or abusing prescription drugs in the workplace.
The following constitute “reasonable suspicion”:

(a) Direct observation of drug or alcohol use or possession.
(b) Direct observation of the physical symptoms of intoxication or drug use.
(c) A recorded pattern of abnormal conduct or erratic behavior.
(d) Recent arrest or conviction for a drug-related offense.
(e) Employees actions results in an accident.

72.7 Employee who refuses to submit to a drug or alcohol test in accordance with this Article will be subject to disciplinary action as directed by Article 81 Discipline.

72.8 Information obtained through implementation of this article is intended to be used for the purpose of protecting the health and safety of the public and employees. The confidentiality of all test results will be maintained, with only those persons having a need to know being informed of the results.

72.9 All testing and specimen gathering procedures shall meet industry standards as defined by National Institute on Drug Abuse (NIDA).

Article 73 Emergency Response Team

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 an hour for all hours worked.

73.2 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 74 Drinking Water and Breaks

74.1 The Company will maintain the current practices over the term of the agreement of supplying a coffee mess and bottled drinking water at no cost to employees and continue to grant employees access to outside vender's Coffee Truck service twice daily 9AM and Noon.

Article 75 Health and Safety

75.1 The Company and the Union agree that it is their mutual responsibility to promote employee safety and health and accident avoidance at the Facility.

75.2 As a condition of continued employment, all employees shall comply with all safety, health and accident avoidance rules, practices and procedures implemented by the Company, including those pertaining to use of prescribed safety equipment or clothing.

75.3 Employees are obligated to timely report any unsafe work practices or conditions and violations of safety, health and accident avoidance rules, practices and procedures to management.

75.4 Each employee shall maintain his or her work area in a clean and orderly condition.

Article 76 Medical Examinations

76.1 A Company appointed Physician shall meet, examine or pass upon the physical fitness of: (a) Employees returning to work upon recovery from incapacity for ten (10) working days or more. (b) Employees returning from leave of absence of more than four (4) weeks. (c) When it is obvious, or if either the Company or the Local has information that the physical condition of an employee is such that it would be injurious to himself, his/her fellow employees, or the public s/he may also be required to take a physical examination. (d) Any employee upon whom his/her own physician has placed restrictions shall be subject to examination until the restriction is removed. (e) An individual experiencing a Worker's Compensation Injury or illness regarding the ability to return to work and the delineation of work restrictions.

76.2 If any such employee is not satisfied with the conclusions arrived at by the Company's Physician, s/he may at his/her own expense submit a report from a doctor of his/her own choosing for consideration by the Company. Should any conflict result between the examination reports of the doctors involved, the Local and the Company shall by agreement select a third doctor who shall be a specialist certified by his/her respective Board who will consider the case submitted to him/her and render a decision within one (1) week from the date s/he receives the case, and his/her decision will be binding upon the parties hereto.

76.3 Should the Company and the Local be unable to agree upon a third doctor then the matter will be referred to the Massachusetts Medical Society for the selection of the third doctor who shall be a specialist certified by his/her respective Board who will consider the case and his/her decision will be binding upon the parties hereto.

76.4 Each party shall compensate the doctor chosen by it for the time spent and expenses incurred in the case, and the parties shall share equally in paying the compensation and expense of the third doctor.

Article 80 Disputes

80.1 Any dispute arising between the parties during the term of this agreement shall be defined as a grievance and handled as follows:

80.2 An employee and his/her steward, or supervisor in the case of a company grievance, having a grievance will initially discuss the matter with his immediate supervisor, or chief steward in the case of a company grievance, within 10 days of the event giving rise to the dispute. The supervisor, or chief steward in the case of a company grievance, will provide the employee and his steward, or the supervisors in the case of a company grievance, a verbal reply within 5 days.

80.2 Any employee having a grievance along with the employee’s steward will first attempt to settle it with the employee’s immediate supervisor.  This shall occur within 5 10 days of the incident giving rise to the grievance. The supervisor shall provide the employee and the steward with an oral response to the grievance within 5 10 days after a Step 1 meeting.  Any failure of the supervisor to timely respond to the grievance shall constitute a denial of the grievance.  The disposition of a grievance at this step of the grievance procedure shall not constitute a precedent for the interpretation and administration of this Agreement.

80.3 (a) If a satisfactory settlement is not reached in Step 1, the grievance may be reduced to writing by the dissatisfied party and delivered it to the designated representative of the other party within 30 days of the completion of step 1. This written grievance shall clearly identify the issue of the grievance.

80.3 (b) A meeting shall be arranged between the Plant Manager and/or his designated representatives and the Union Business Agent and/or his designated representatives, the aggrieved, and the chief steward. The party in receipt of the written grievance will provide a written reply within 15 days of this meeting. For the purposes of this article written shall include email, fax, or US mail. (A grievance involving the discharge of an employee will be processed at the second step of the grievance procedure without the necessity of involving the preceding step.)

80.4 During the term of this Agreement, there shall be no lockout (in whole or by a group) on the part of the Company, and there shall be no strike by the Union or any employee covered by this Agreement against the Company. The parties agree arbitration is the elected method to resolve any dispute unresolved above.

80.5 If any dispute concerning the interpretation, application or claims of a breach of any provision of this Agreement shall not have been satisfactorily settled after being fully processed through the above Dispute Procedure, then within the next fifteen (15) calendar days at the written request of either party to this Agreement, the dispute may be referred to an impartial Arbitrator to be appointed in accordance with the rules and regulations of the American Arbitration Association. The decision of the Arbitrator shall be final and binding on both parties.

80.6 The Arbitrator shall have no power to add to, subtract from or otherwise modify the terms of this Agreement.

80.7 The expense and fees of the Arbitrator and of the Arbitration Tribunal, if any, shall be shared equally by the Company and the Union.The Company shall bear the cost of preparing and presenting its case to the Arbitrator.  The Union shall bear the cost of preparing and presenting its case to the Arbitrator.  All other expenses of arbitration, such as but not limited to the Arbitrator’s fee, costs of transcripts, and the cost of any location where the arbitration proceedings are held, shall be shared equally among the Company and the Union.

80.8 No more than one grievance shall be submitted to any one Arbitrator.  The Arbitrator shall have the authority to hear and determine only one grievance unless the Company and the Union mutually agree otherwise in writing. 

80.9 The Arbitrator so selected shall have power to receive relevant testimony and other evidence from the parties to the dispute and to hear testimony from such witnesses as he or she deems appropriate.  The parties may, if they so desire, be represented by counsel in all proceedings held before the Arbitrator. 

Article 81 Discipline

81.1 In order to be successful, Covanta expects all employees to meet reasonable and fair standards of work performance set by the Company, including performance, cooperation, punctuality, attendance, professional conduct, and to follow the policies and procedures of the Company. Sometimes recognition and coaching an employee fail to produce the desired change, or the problem is too serious for an informal approach. In these circumstances, the Company may apply the formal discipline process when just cause exists which is outlined below. There are three (3) levels of formal discipline, as follows:

81.2 Level One (1) Reminder - This is a formal disciplinary discussion between the employee and supervisor, which will be documented. In this meeting, the supervisor discusses the difference between the desired performance and actual performance and the consequences to the department, the Company and the employee if changes are not made. Various ways to solve the problem are also discussed and the employee and supervisor should agree on an action plan to correct/improve the performance issue. The supervisor then documents the meeting and follows up on the employee's progress.

81.2.1 Level 1 Reminder remains active for six (6) months (a rolling 26 week basis) from the time of issue. The Union Chief Steward must be notified.

81.3 Level Two (2) Reminder – This is a documented meeting between the employee and the immediate supervisor. A Level Two Reminder is initiated if an employee has not corrected the performance problem discussed in the Level One (1) Reminder, or when an infraction occurs that is serious enough to require this level of discipline without any previous coaching or reminders.

81.3.1 In the meeting, the supervisor reviews the problem with the employee, and the need to change. If applicable, the supervisor will remind the employee of any previous agreement on his/her part to improve and discuss the reason for not doing so. Various ways to solve the problem are also discussed and the employee and supervisor should agree on an action plan to correct/improve the performance issue. The supervisor documents this conversation and writes a memo to the employee detailing the meeting. The supervisor will also fill out a performance discussion guide which will be signed by the immediate supervisor and copies sent to all appropriate personnel.

81.3.2 Level 2 Reminder remains active for twelve (12) months (a rolling 52 week basis) from the time of issue. A Level 2 Reminder must be approved by the next level of management and Human Resources, and the Local must also be notified in writing.

81.4 Decision-Making Leave (DML) – This is a one (1)-day, paid leave from work. A DML is implemented if previous levels of discipline have not solved the performance problem.

81.4.1 In a meeting, the supervisor reviews the problem, any previous agreements on the employee's part to change, and the reasons for not doing so, if applicable. The supervisor will ask the employee to spend the next day at home, with pay, making a final decision: either to (1) correct the problem immediately and recommit to good performance or, (2) to resign.

81.4.2 If the employee chooses to return to work a discussion must take place at which time the employee will commit to correct the problem immediately and the employee and supervisor should agree on an action plan to correct/improve the performance issue. The supervisor documents this conversation and writes a memo to the employee detailing the meeting. The supervisor will also fill out a performance discussion guide which will be signed by the immediate supervisor and copies sent to all appropriate personnel, including the Local’s Business Agent.

81.4.3 A DML remains active for twelve (12) months (a rolling 52 week basis) from the time it is issued. Any problem requiring formal discipline during the active period of a DML may result in further discipline.

81.4.4 A DML must be approved by the next level of management and Human Resources and Local’s Business Agent must also be notified as soon as possible.

Article 90 Amendments

Article 91 Effect of Agreement

Article 92 Duration of Agreement

92.1 This Agreement shall be effective as of August 1, 2008, and remain in full force and effect until August 1, 2009. It and will continue in effect from year to year thereafter unless written notice of a desire to terminate this Agreement is be given by either party to the other at least sixty (60) days prior to August 1, 2009, or August 1 of any extension year as applicable.

92.2 If, when such a notice of termination is given, a new contract has not been agreed to on or before the date upon which this Agreement is terminated, if notice of termination is given, the parties may extend this Agreement for such further time, as they shall mutually agree.

92.3 This Agreement shall be binding upon the Company, regardless of whether it changes its name, its corporate identity or organization, its legal status, or its management and on all subsidiaries, affiliates, successors and assigns of the Company whether by sale, transfer, lease, merger, acquisition, consolidation, or otherwise.

92.4 In the event the Company sells, transfers, or leases any business operations or facilities, or any portion of such operations or facilities, the Company shall give notice of this Agreement to any potential purchaser, transferee, or lessee, in writing, with a copy to the Union, no later than the time an agreement in principal is reached and, in any event prior to entry into any binding obligations with respect to a sale, transfer, or lease. The Company shall notify the Union of the exact nature of the transaction, consistent with applicable SEC requirements and related laws and regulations governing disclosure of sales talks.

92.5 The Company agrees that in any transaction referred in the foregoing paragraph, the transaction will be conditioned on the purchasing entity agreeing to recognition of the Union and continuation of this Agreement.

Schedule B Hourly Base Rates of Pay

B.1 A cost of living adjustment shall be applied based on the Consumer Price Index (CPI) to wage rates as follows: As provided in Article 35 "Cost of Living Adjustment" an adjustment shall be applied to "Schedule B Hourly Base Pay Rates". The applicable Period of adjustment shall be January 2006 "(207.5) CPI Previous" to January 2008 "(221.065) CPI Current", resulting in a "CPI wage adjustment" of 6.54%. The CPI wage adjustment shall be reduced by general wage increases during the same period of 5.53%, resulting in a 1.01% wage adjustment applied to each base wage rate listed on "Schedule B Hourly Base Pay Rates" which shall be effective on August 1, 2008.

B.2 General Base Wage Increase was determined by projecting Article 35 "Cost of Living Adjustment" from January 2008 "(221.065) CPI to May 2008 (227.114) to January 2009 at the rate of 0.547% per month (12 x 0.547% = 6.57%) which shall be effective August 1, 2008

B.3 All "Schedule B Hourly Base Pay Rates" shall be adjusted hereafter as called for in Article 32 in all subsequent years.

B.4 All wage rates shall be rounded-up to the nearest whole cent, as calculated and then paid.

Schedule C Work Schedules

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.