Article 1 Parties and Intent (March 11 2009)

1.1 This Agreement is negotiated between Covanta SEMASS LCC, hereinafter called the “COMPANY”, 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 (March 11 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 3 Conformation to Laws, Regulations and Orders (March 3 2009)

3.1 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 lawful rulings or orders issued by any court, administrative agency, or 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 Non Discrimination (Mar11-09)

 4.1 The Company will not discriminate against a employee because of his/her membership in or his/her lawful activity on behalf of the Union and the Union will not discriminate against a employee because he/she in lawful activity in opposition to the Union.

4.2 Neither the Company nor the Union will discriminate against a employee because of race, color, religion, creed, sex, sexual orientation, national origin, age, disability, or any other characteristic or status protected by federal, state or local law.  Likewise, neither the Company nor the Union will retaliate against any employee for engaging in conduct protected by federal, state or local law.

4.3 No employee subject to this Agreement shall engage in any act of discrimination or harassment against any other employee.

ARTICLE 5 Union Membership (May 20 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 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 The Company agrees to deduct such dues, initiation and other fees from earned wages and remit to the Local the dues of those employees who are members of the Union and not exempt from the provisions of this agreement in an amount individually authorized and in a manner and on a written assignment approved by the Company.

5.6 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 5.2, provided that any such actions taken by the Company were properly made in accordance with Section 5.2.

Article 6 Management Rights (May 21 2009)

6.1 The Company retains and shall exercise full and exclusive authority to manage all aspects of its business, operations, and affairs except as limited by the express terms of this Agreement.  The Company also retains all the rights it had at common law except to the extent those rights are limited by express terms in 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 the number of hours per day or per week operations will occur at any Facility location; 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 in accordance with the appropriate language in this contract, where applicable;  to make and enforce rules for efficient and safe operation, maintenance of discipline, and protection of life and property, violation of which  may be cause for discipline or discharge; to suspend, discharge, or otherwise discipline employees in accordance with the appropriate language in this contract, where applicable; 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 in accordance with the appropriate language in this contract, where applicable..

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 (March 11 2009)

7.1 Employees shall not engage in Union activities during working 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 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.

7.3 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.

7.4 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.

7.5 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.

7.6 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.

7.7 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.

7.8 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.

7.9 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 (March 3 2009)

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 (May20-09)

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 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 are not qualified to perform or cannot timely and cost effectively 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 (March 11 2009)

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.

10.2 In the event of any unauthorized strike or other individual or concerted activity in violation of this Article, the Union will direct that employees cease and actively support the Company’s efforts to terminate the conduct which violates this Article.  Any employee who violates this Article shall be subject to discipline or discharge. 

Article 11 Union Responsibilities (March 11 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 (Mar11-09)

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 20 Paydays and Recording Time (March 3 2009)

20.1 Employees shall be paid on a weekly basis each Friday 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 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 (March 11 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 (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, or as required by the Company when the plant is off line provided the employee is given 2 weeks notice of a change to his or her schedule.

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 (April 21 2009)

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 May 12, 2009, 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 from 7 PM to 7 AM.

30.4 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 (April 21 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

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) 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 IRS Guidelines. Any adjustment in such rate shall be effective the first day of the following month.

Article 32 Rest-Time Pay (March 3 2009)

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

32.2 An employee who 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 (March 3 2009)

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 the job classification base hourly rate for all hours worked outside 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 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 (March 3 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 per day Monday through Friday, $40 per weekend ( $20 for one [1] day of weekend), and $40 for holidays.

Article 36 Performance Management and Compensation Program (March 3 2009)

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 (March 11 2009)

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 (March 3 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 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 (March 3 2009)

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.

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 may be requested by 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 Bereavement days do not count against the attendance bonus.

Article 43 Jury Duty (March 3 2009)

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 (March 3 2009)

44.1 An employee hired prior to August 1 in any year who is absent for an ordered 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 and his/her certified military pay for the first two (2) weeks of such absence, in any calendar year. An employee will be permitted, when ordered to report for military duty, one extra day for travel if authorized by the military. 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 Combined Personal /Sick Time (April 21 2009)

46.1 An employee shall be eligible for up to Sixty (60) 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 hours per month and shall paid in advance each May in the first pay period.

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 48 Family and Medical Leave (FMLA) (March 3 2009)

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 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 may use available sick and vacation time during FMLA leave.

Article 50 Seniority (May 21 2009)

50.1 Company seniority shall begin upon successful completion of the probationary period.  An employee shall be credited with seniority retroactive to the initial date of hire at the Facility or by the Company as applicable, adjusted to remove any break in service.

50.2 Unit seniority shall begin on the date an employee becomes employed in a job within the bargaining unit.

50.3 Job seniority is the length of time that an employee has been employed in a job or within a classification within the bargaining unit.

50.4 Seniority lists shall be prepared, brought up to date and posted on an semi-annual basis.  Notice of any changes to the seniority list due to new hire, discharge, retirement, layoff and recall shall be provided within 14 days after the applicable change.  Any Company employee who claims that he or she is aggrieved based on how seniority is designated on the list or determined by the Company may request that the Company correct any error by submitting a written request for this action to the Facility Manager within thirty (30) days after the posting.  Upon adequate proof of any error, the seniority list and/or the employee’s seniority will be corrected in accordance with the facts. 

50.5 If the Company decides to fill a job, or a shift, within the bargaining unit, a notice of vacancy shall be posted for a period of seven (7) calendar days.  A description of the duties and requirements of the applicable job shall be included with the notice or made available upon request.  Any bargaining unit employee may apply for the job during the posting period by submitting a written request for consideration to the Facility Manager or his or her designee.

50.6 The Company shall award posted positions based on Unit Seniority and meeting the minimum qualifications and experience of the job description.  If no unit employee submits a bid during the posting period or if the Company determines that no unit employee bidding for the posted position is qualified, the Company may fill the position with a candidate who is not within the bargaining unit.

50.7 An employee selected for a posted position shall have forty five (45) days within which to demonstrate that he or she is qualified for and able to satisfactorily perform all duties of the job.  If he or she is deemed by the Company to be unqualified or unable to satisfactorily perform all duties of the job, he or she shall be returned to the classification from which he or she came without loss of seniority.  If in the opinion of the Company he or she is competent to perform the job, he or she may not return to the prior classification until a vacancy occurs in that classification. 

50.8 In the event that a layoff becomes necessary from within a job classification, probationary employees within that job classification shall be laid off first.  Non probationary employees within that job classification shall be the next to be laid off on the basis of job seniority, an employee with the lower seniority in the job classification shall be laid off before an employee with greater seniority in the job classification.  If an employee subject to layoff has greater Unit seniority than an employee in a lower classification that employee may displace the employee with the lower Unit seniority in the lower classification provided he or she is qualified to perform the work.

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 thirty (30) days notice of layoff.

50.10 Employees are eligible to be considered for recall for up to two (2) years after a layoff contingent upon the employee providing the Company with his or her current address and phone number in advance of any recall.  Recall shall be in the reverse order of layoff, provided the Company deems eligible employees to be qualified for the available positions.

• 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 Health care Blue Cross Blue Shield (BCBS)
• Group Voluntary Accidental Death and Dismemberment Insurance
• Group Accidental Death and Dismemberment Insurance
• Life, Supplemental Life and Supplemental Dependent Life
• Section 125 Flexible Benefits Program

Article 70 Clothing and Equipment (May 20 2009)

70.1 Protective Clothing the Company shall provide personal protection equipment and clothing for use by employees when necessary for their health and safety.

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.

70.3 The Company also will supply necessary personal protection equipment and clothing for employees. This will include fire retardant clothing for those employees requiring such protection as determined by any applicable OSHA standard.

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 $152.50 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 shall receive the shoe allowance when hired. 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.

Article 73 Emergency Response Team (March 3 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 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 (March 3 2009)

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 (March 3 2009)

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 (March 3 2009)

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 (May 21 2009)

80.1 A grievance is any dispute or complaint of an employee or the Union arising from or based on a violation or alleged violation of one or more provisions of this Agreement.

80.2 This Dispute Procedure is the remedy for any grievance which shall be settled and determined in the following manner:

Step 1 - 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 ten ( 10 ) days of the incident giving rise to the grievance, or when incident is know, or should have been known.  .  The supervisor shall provide the employee and the steward with an oral response to the grievance within ten ( 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. 

Step 2 - If a grievance is not settled at Step 1 of the grievance procedure, it shall then be reduced to writing by the aggrieved employee or the Union and submitted to the Facility Manager within thirty ( 30 ) days after the Step 1 response was given or due.  The written grievance shall specify the alleged violation(s) of this Agreement.  The aggrieved employee, a steward and/or a business representative of the Union and the Facility Manager and/or Human Resource or Labor Relations Manager for the Company shall then meet as soon as practicable and attempt to settle the grievance.  The Company will give the Union any answer to said grievance in writing within ten ( 10 ) days after the Step 2 meeting.

Step 3 - If a grievance is not satisfactorily settled at Step 2 and if the grievance is otherwise arbitrable in accordance with the terms of this Agreement, it may be submitted to arbitration in accordance with the provisions of this Agreement pertaining to arbitration, but not otherwise, unless by mutual agreement.  Strict compliance with the procedural requirements and time limits of the grievance procedure is a condition precedent to an aggrieved employee’s and the Union’s right to take any grievance to arbitration.

80.3 A grievance shall not be arbitrable unless it involves an alleged violation by the Company of one or more provisions of this Agreement, which alleged violation was designated in writing by the Union to the Company no later than the time such grievance is appealed to Step 2 of the grievance procedure.  Likewise, a grievance shall not be arbitrable unless the Union gives the Company written notification of its intent to arbitrate said grievance by email, fax or US mail within thirty (30) days after the Company’s Step 2 written answer is received.

80.4 Any grievance which is arbitrable under the terms of this Agreement shall be arbitrated in accordance with the rules of the American Arbitration Association which are then in effect.  The Arbitrator for each such case shall be selected in accordance with said rules.

80.5 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.  However, the Arbitrator shall have the authority to determine multiple grievances constitute one dispute, and resolve that dispute.

80.6 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. 

80.7 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 and the cost of any location where the arbitration proceedings are held, shall be shared equally among the Company and the Union.

80.8 The function of the Arbitrator shall be limited to deciding disputed issues of fact and whether any express provision of this Agreement was violated.  The Arbitrator shall not have the authority to add to, delete, supplement, ignore or modify any of the terms or provisions of this Agreement. The Arbitrator shall not decide issues which are not directly involved in the case submitted.  Were an Arbitrator to decide that an aggrieved employee should be awarded any back pay due to a discharge, suspension, layoff, or other lost work time, the Company shall be entitled to set off from such award for the employee’s gross interim earnings and any unemployment compensation or other benefits received or receivable by the employee from any source during the period he was not working for the Company.  Equally, a make whole remedy shall consider all enumerations any employee should receive including overtime.

80.9 Subject to the foregoing limitations, the Arbitrator’s award shall be final and binding upon the Company, the Union and the aggrieved employee or employees.

80.10 The steward for an employee with a grievance may request permission from the steward’s and the employee’s supervisors to meet with the grieving employee at a reasonable time, in a non work area, and for a reasonable period of time concerning the grievance. Permission shall not be unreasonably denied and should be granted provided this will not affect operations and/or there is no interference with the work of the employee, other employees or facility operations.

80.11 Time limits may be extended only by mutual written agreement of the Company and the Union
.

Article 81 Discipline (May 21 2009)

81.1 The Company shall have the right to discharge employees during their probationary periods with or without cause and without recourse by the Union or by such probationary employee to the Dispute Procedure of this Agreement.

81.2 The Company shall have the right to discipline or discharge employees who have completed their probationary period for when there is just cause for such action.

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. The employee and the supervisor may agree on an action plan to correct/improve the performance issue. The supervisor then documents the meeting, issues a Level One (1) Reminder to the employee and follows up on the employee's progress.

81.3 A Level One (1) Reminder remains active for six (6) months (a rolling 26 week basis) from the time of issue.  The Union Chief Steward shall be given a copy of the Level One (1) Reminder.

81.4 Level Two (2) Reminder – This is a documented meeting between the employee and the immediate supervisor. A Level Two (2) 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 reminders.

81.5 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.

81.6 A Level Two (2) Reminder remains active for twelve (12) months (a rolling 52 week basis) from the time of issue. A Level Two (2) Reminder must be approved by the next level of management and Human Resources.  The Union shall be mailed a copy of the Level Two (2) Reminder.

81.7 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. In a meeting preceding the leave, 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.

81.8 If the employee chooses to return to work, a discussion should occur 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.

81.9 A DML remains active for twelve (12) months (a rolling 52 week basis) from the time it is issued. Any other conduct indicative of just cause for discipline, while subject to a DML may result in termination of employment.  A DML must be approved by the next level of management and Human Resources.  The Union’s Business Agent shall be given a copy of the DML.

Article 90 Amendments (March 3 2009)

Article 91 Effect of Agreement (March 3 2009)

Article 92 Duration of Agreement (April 21 2009)

92.1 This Agreement shall be effective as of May 12, 2009, and remain in full force and effect until May 12, 2012. It will continue in effect from year to year thereafter unless written notice of a desire to terminate this Agreement is given by either party to the other at least sixty (60) days prior to May 12, 2012, or May 12 of any extension year as applicable.

92.2 If, 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 (April 21 2009)

B.1 All wage rates shall be rounded-up to the nearest whole cent, as calculated and then paid. 

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.

Position: Control Room Operator

Job Code:

Note: Statements included in this description are intended to reflect in general the duties and responsibilities of this classification and are not to be interpreted as being all inclusive.

JOB SUMMARY:

he title Control Room Operator designates employees who, under general supervision, oversee and directs the operation of the facility and must possess a Massachusetts Second Class Engineers License pursuant chapter 146 of the M.G.L.

REPORTING RELATIONSHIPS & ENVIRONMENT:

This position is subject to shift work. 

ILLUSTRATIVE DUTIES:

1. Responsible for monitoring the status of all plant systems on a continuous basis.  This position will respond to alarms by taking appropriate corrective actions and execute plant shutdown and start-up procedures, and aid in the plant meet generating requirements while operating in a safe and environmentally efficient manner.

MINIMUM QUALIFICATIONS:

1. Requires a Massachusetts Second Class Engineers License pursuant chapter 146 of the M.G.L.
2. Must pass a job-related qualifying examination.
3. Associate's Degree in technical field of study or equivalent experience.
4. Basic computer skills
5. Blueprint and P&ID, schematic specifications and vendor requirement reading experience
6. Strong leadership skills
7. Oral and written communication skills
8. Problem solving/decision making skills
9. Ability to work in close quarters and confined spaces, stay alert for long periods. and no unnatural phobias.

INITIAL TRAINING:

None 

CONTINUING QUALIFICATION TRAINING:

None 

Job Progression:

None

Position: Equipment Utility Operator (Power)

Job Code:

Note: Statements included in this description are intended to reflect in general the duties and responsibilities of this classification and are not to be interpreted as being all inclusive.

JOB SUMMARY:

The title Equipment Utility Operator (Power) designates employees who, under general supervision, oversee and direct

REPORTING RELATIONSHIPS & ENVIRONMENT:

This position is subject to shift work.

ILLUSTRATIVE DUTIES:

1. Performs various hands-on tasks required for the up-keep, maintenance, and operation of the plant and its component equipment.  Duties include, but are not limited to: cleaning assignments, grounds keeping, monitoring waste deliveries, conducting waste truck/load inspections, tipping hall and picking platform, and assisting plant operations and maintenance as requested.

MINIMUM QUALIFICATIONS:

1. Requires High School diploma or equivalent.
2. Possess good mechanical aptitude.
3. Must have the ability to operate equipment such as front end loader, fork trucks, and sweepers.
4. Must pass a job-related qualifying examination.

INITIAL TRAINING:

None

CONTINUING QUALIFICATION TRAINING:

None

Job Progression:

Step 1 new hire 

Step 2 automatic with 6 months at step 1

Step 3 automatic with 6 months at step 2

See Operation Progress chart 1