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Know Your Contract

NRG CBA Language


Article 12

ARBITRATION

12.1 Arbitration

A. If the dispute or difference is not satisfactorily settled in Step 3, it must be referred, in writing, to Arbitration within 30 days of the date of Step 3 answer. If this is not done, the grievance shall be considered finally settled on the basis of the Company's Step 3 answer and the Arbitrator shall have no authority to consider the grievance. At the same time as notice of arbitration is provided, the party requesting arbitration shall request a panel of eleven (11) arbitrators who are members of the National Academy of Arbitrators from the Federal Mediation and Conciliation Services ("FMCS"). Each party has the right to reject one (1) panel provided that it notifies the other party of the rejection (by fax or email) within 10 calendar days of receipt of the panel. Once a panel has been accepted, the parties will meet within 14 days and will alternately strike names, with the party requesting arbitration striking first. After each party has struck five names, the remaining arbitrator on the list will be appointed to hear the case. No more than one grievance shall be submitted to any arbitrator at any one time without prior mutual agreement of the parties.

B. The Arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to add to or to change its terms.

Vistra KinCaid CBA Language

ARTICLE 14

ARBITRATION

14.1 Arbitration

If the dispute or difference is not satisfactorily settled in Step 2, it may be referred, at the request of either party, to Arbitration within 60 calendar days of the date the Company gives its Step 2 answer. The appointment of an Impartial Arbitrator shall be made from a list furnished to the parties under the procedures and rules of the Federal Mediation and Conciliation Service (FMCS). The list shall contain the names of 11 arbitrators all of whom are members of the National Academy of Arbitrators (NAA). Either Party shall have, at its sole option, the right to reject the first panel in its entirety and to request the FMCS to furnish a second panel.

Within 14 calendar days of the receipt of the list from FMCS, the Union and Company will alternately strike 5 names from the list of arbitrators, with the remaining arbitrator on the list to be the Impartial Arbitrator.

The arbitration hearing, or at least the first day of the hearing, shall be held within 60 calendar days of the date the Arbitrator has been selected; and if the Arbitrator is not available, the parties will contact the second to last name on the list to be the Arbitrator.

The Arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to add to or to change its terms.

Collective Bargaining Agreement and Supplement to Collective Bargaining Agreement between Constellation Generation and IBEW Local 15


If the dispute or difference is not satisfactorily settled by the Review Committee, it shall be referred, at the request of either party, to an impartial arbitrator. Such referral must be made within sixty (60) calendar days from the date of receipt by the Union of the Step 3 answer.

A. In the event that an information request has not been responded to, or otherwise complied with, within the aforementioned sixty (60) days, the Local Union and / or Company shall notify the alleged non-complying party in writing and specify how the party has not complied with the information request. In such event, the Local Union shall have fifteen (15) additional days to refer the matter to an impartial arbitrator.

The appointment of an impartial arbitrator shall be made from a list furnished to the parties under the procedure provided in the Voluntary Labor Arbitration Rules of the Federal Mediation and Conciliation Services (FMCS). The list shall contain the names of fifteen (15) arbitrators all of whom are members of the National Academy of Arbitrators. The parties agree to confer within ten (10) business days of receipt of the list of arbitrators from the Federal Mediation and Conciliation Service. The parties shall engage in an alternate strike process until only one (1) arbitrator is remaining and, upon selection of such arbitrator, shall promptly notify the Federal Mediation and Conciliation Service of his / her selection. The parties shall alternate the initiation of the strike process. When the appointment of an impartial arbitrator is made under such rules, the arbitration shall be conducted under the Voluntary Labor Arbitration Rules of the Federal Mediation and Conciliation Service. All decisions rendered by the impartial arbitrator shall be final and binding on both parties. The impartial arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to add or to change its terms.

Each party in an arbitration proceeding may be represented in each proceeding by any person authorized in writing by such party. Such representative(s) may examine all witnesses in the proceedings.

Each of the parties in the arbitration proceeding shall bear the fees and expenses it incurs and the fees and expenses of the impartial arbitrator shall be borne equally by both parties provided, however, that the total compensation of such impartial arbitrator shall be agreed upon in advance after submission of the matter in controversy to the impartial arbitrator.

In the case of a grievance relative to disciplinary suspension or demotion, or discharge for cause, such grievance shall be originated at Step 2 in the grievance procedure.

In grievances involving discharges, it is the objective of the parties that the grievance will normally be resolved within nine (9) months of the discharge. In order to accomplish this objective, if the grievance is processed to Step 4 and a panel of arbitrators is requested from the Federal Mediation and Conciliation Service, the panel shall include the names of fifteen (15) arbitrators who are members of the National Academy of Arbitrators. The parties agree to confer within ten (10) business days of receipt of the list of arbitrators from the Federal Mediation and Conciliation Service. The parties shall engage in an alternate strike process until only one (1) arbitrator is remaining and, upon selection of such arbitrator, shall promptly notify the Federal Mediation and Conciliation Service of his / her selection. The parties shall alternate the initiation of the strike process. If the selected arbitrator is not available to conduct the arbitration hearing within two (2) months of his or her selection, the next mutually agreeable arbitrator on the panel will be contacted for their availability. If a transcript of the hearing is requested, it must be furnished within three (3) weeks of the close of the hearing. By mutual consent, any of the foregoing time periods may be waived or modified.

If the charges are not sustained in the procedure outlined in this Article, the employee's record shall be cleared of such charges and in case of loss of any wages they shall be reimbursed for such loss.

In the case of a grievance as a result of implementing a departmental reorganization or technological change affecting employees in the bargaining unit, changes in an existing job classification, or the establishment of a new job classification, such grievance may be originated at Step 2.

Either the Company or Union may choose to utilize the Expedited Arbitration Procedure, in the case of a grievance where the requested remedy would cost the Company under $50,000 and the issue does not involve disciplinary action of more than five (5) days or discharge.

Under the Expedited Arbitration Procedure, the appointment of an impartial arbitrator shall be made from a list furnished to the parties under the procedure provided in the Voluntary Labor Arbitration Rules of the Federal Mediation and Conciliation Services. The list shall contain the names of fifteen (15) arbitrators all of whom are members of the National Academy of Arbitrators. The parties agree to confer within ten (10) business days of receipt of the list of arbitrators from the Federal Mediation and Conciliation Service. The parties shall engage in an alternate strike process until only one (1) arbitrator is remaining and, upon selection of such arbitrator, shall promptly notify the Federal Mediation and Conciliation Service of his / her selection. The parties shall alternate the initiation of the strike process. When the appointment of an impartial arbitrator is made under such rules, the arbitration shall be conducted under the Voluntary Labor Arbitration Rules of the Federal Mediation and Conciliation Services. All decisions rendered by the impartial arbitrator shall be final and binding on both parties. The impartial arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to add or to change its terms.

Grievances in the Expedited Arbitration Procedure shall be presented to the Company and Union by representatives as referenced in Steps 1, 2, 3 of the grievance procedure and shall be heard without attorneys unless both parties mutually agree to their inclusion in this step of the process, and shall be conducted without transcripts or recordings. The Arbitrator shall issue a one-page Arbitration Award within ten (10) days of the hearing. The Impartial Arbitrator shall be governed wholly by the terms of this Agreement and shall have no power to add or to change its terms or grant any remedy that would cost in excess of $50,000 to the Company. The Arbitration Award shall be binding on the Company and the Union, but shall not constitute a precedent as to other grievances in the future and shall not be introduced into any other arbitration in the future. No more than one (1) grievance may be submitted in each expedited arbitration proceeding.



Collective Bargaining Agreement and Supplement to Collective Bargaining Agreement between Commonwealth Edison Company & Exelon Business Services Company and IBEW Local 15

6. "Shift" work is that which regularly operates twenty-four (24) hours a day, seven (7) days per week, including Sundays and holidays. An employee who is assigned to such work shall be designated as a "shift" employee. "Semi-shift" work is that which regularly operates in varying degrees during the day or night including Sundays and holidays. An employee who is assigned to such work shall be designated as a "semi-shift" employee while so assigned. The number of "semi-shift" employees and the number of such employees assigned to Sunday and holiday work shall be kept to the minimum. All other work shall be classified as "non-shift" and an employee assigned to such work shall be designated as a "non-shift" employee. A "nonshift" employee shall not have Sunday scheduled as a basic workday. An employee may be changed from one to another of the above categories upon adequate notice as defined in Section 12 of this Article.

It is recognized that, because of differences in operating requirements, some job classifications may cover more than one of the types of work listed above.

7. Regular work schedules of the basic workweek shall be arranged equitably within each work group where it is applicable, and within the limits of reasonable operating procedures, days off shall be rotated. These schedules shall be posted in advance. If a schedule is unsatisfactory, it will be brought to the attention of the Company and a change will be made, if possible, within the limits of reasonable operating procedures. Posted shift schedules shall be arranged in such a manner that an employee's basic working hours shall be the same for at least three (3) consecutive basic workdays. Changes from the posted shift schedule shall be made in accordance with Article IV, Section 12 of the Collective Bargaining Agreement.

8. Upon written request of the Union, the Company will establish a rotating schedule in any specified work group that has more than one (1) schedule of working hours per day.

9. To facilitate the rotation of shifts and the rotation of days off, a change in shift may be made with only eight (8) hours off between leaving one (1) shift and returning to the next shift. Such changes shall not result in overtime pay if they are made in accordance with an established rotating schedule.

10. With the consent of their immediate supervisor, employees shall have the privilege of exchanging shifts within the same workweek, by individual arrangement, provided the change can be accomplished without additional cost to the Company and without violation of any applicable laws or governmental regulations.

11. Presently established daily working hours of the basic workweek will be continued in effect unless changed in accordance with the provisions of this Article.

12. In case of a change in the basic workdays of an employee's basic workweek, notice of at least forty-eight (48) hours shall be given prior to the change. If not given this notice, the employee shall be paid at the overtime rate on the first day of the new schedule. Similar notice shall be given prior to a change in the daily working hours of the basic workday. If such notice has not been given, or if a change in scheduled working hours is for less than three (3) days, then the employee shall be paid at the overtime rate on the first basic workday of the new schedule for those hours worked outside their previously scheduled hours. Forty-eight (48) hours notice shall be considered to have been given if the employee is notified of the proposed change before the employee is released from duty on the second day preceding the change.

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