Memorandum of Agreement. 1

Local Unions 1

1. Recognition and Representation. 1

2. Probationary Period. 2

3. Student Engineers - Employees with Special Experience 2

4. Management in Company 3

4.1 Company-Foreperson Relationship. 4

5. Continuity of Work 4

6. Employee Illness - Death in Family 5

6.1 Leave of Absence. 7

6.2 Military Leave Policy. 9

7. Employee Injuries 9

8. Vacations. 12

9. Jury duty - Court Service -Voting. 15

10. Bulletin Boards 16

10.1 Electronic Communications. 16

11. Discrimination, Interference and Coercion. 16

12. Solicitation of Members 17

13. Loyalty and Efficiency 17

14. Union - Management Cooperation 17

15. Seniority 18

16. Break in Seniority - Continuous Service. 18

17. Qualifications for Filling Vacancies 18

18. Higher Job Classification - Training. 20

19. Transfers - Moving Expenses - Subdivided Headquarter s 20

20. Job Posting 21

21. Layoffs - Demotions - Offer of Reemployment 26

22. Discharge for Cause. 31

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23. deleted. 32

24. deleted. 32

25. deleted. 32

26. Grievances Defined 32

27. Grievance Handling Procedure 32

28. Arbitration Board - Powers 34

29. Arbitration Board - Interpretation of Wage Schedules. 35

30. Arbitration Board - Expenses. 35

31. Cessation of work - Discharge if Grievance Procedure

Not Followed. 35

32. Employees - Time Off for Meeting - Pay 36

33. Working Periods - Variations 36

34. Workweek 36

35. Schedules of Work 36

35.1 Work on Second Rest Day 37

36. Holidays 37

37. Rotating and Trading Shifts 39

38. Call-outs - Prearranged Overtime. 39

39. deleted. 40

40. Sunday and Holiday Work 40

41. Meals - Lodging - Transportation. 40

42. Telephones. 40

43. Absent Notice 40

44. Distribution of Overtime 40

45. Safety 41

46. Hours of Continuous Work. 44

47. Rain and Other Protection 45

48. Apprentices in All Departments 45

48.1 Show-Up/Itinerant 48

48.2 deleted. 48

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49. Hours worked per week based on pay scale in Exhibit "A". 48

50. Classification - Relieving or Substituting in Another 48

51. Employees - Release for Union Affairs - Reemployment 48

52. Employees - Promotions Outside Agreement - Reinstatement. 50

53. Employees’ Addresses 52

54. Approval, Effective Date and Term 52

55. Changes and Termination. 52

56. Amendments 52

56.1 MOUs, Letters of Intent, Stipulations of Agreement, and

Local Agreements 53

57. Disclosure Clause 54

58. Conflict with Laws and Government Regulations. 55

59. Equal Employment Opportunity Clause. 55

Exh "A" Wage Schedule and Notes 57

Exh "A" Abbreviations. 57

Exh "A" Increases in pay every six months to maximum 57

Exh "A" Shift differentials. 57

Exh "A" Fire Brigade Insurance, Power Generation/Nuclear

Division. 58

Exh "A" New Employees and Promotions 58

Exh "A" Payroll Deductions for Union Dues 59

Temporary Loss of Driving Privilege/Loss of CDL License 59

Member Assistance Program. 62

Contractor Committee 63

Notes 64

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AGREEMENT, made and entered into this 23rd day of February, 2001,

between the Florida Power & Light Company, its successors or assigns,

Thereinafter called the "Company") and The International Brotherhood of

Electrical Workers AFL-CIO through its System Council U-4 comprising,

No. 359 Miami

No. 622 Lake City

No. 627 Fort Pierce

No. 641 Punta Gorda

No. 759 Fort Lauderdale

No. 820 Sarasota and Bradenton

No. 1042 Sanford

No. 1066 Daytona Beach

No. 1191 West Palm Beach

No. 1263 Palatka and St. Augustine

No. 1908 Cocoa

(hereinafter called the "Union"), as the exclusive bargaining

representative for employees of the Company in the payroll

classifications listed in Exhibit "A" attached hereto, now or hereinafter

employed by the Company during the term of this Agreement which is

set to expire on October 31st, 2004.

WITNESSETH:

That the parties hereto agree as follows:

The Company recognizes the rights of its employees to organize and to

bargain collectively through representatives of their own choosing. The

Union is hereby recognized as the exclusive collective bargaining

representative with respect to rates of pay, hours of work, and other

conditions of employment for all employees of the Company working in

the classifications listed in Exhibit "A" attached hereto, except as

otherwise provided in Paragraph 3 hereinafter. The Company agrees to

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meet and deal with the duly accredited officers , committee or

representatives of the Union on all matters covered by the terms of this

Agreement.

New employees working in any of the classifications in Exhibit "A" shall

be considered employed on a probationary basis for a period of the first six

(6) months of continuous employment. During such period such employees

shall receive at least the minimum of the rate range of the classification in

which they are employed. During the probationary period such employees

must show an aptitude for the work in which they are engaged and the

ability and desire to advance to the skilled classifications. During this

probationary period, the Company may, at its option, transfer, lay off or

dismiss such employees. If retained after such period, such employees shall

thereafter be considered regular employees and be entitled to all rights and

privileges here under as such. A probationary employee is neither required

to nor prohibited from joining the Union.

No employee shall accumulate seniority during the period of the

employee’s probationary employment as defined in this Agreement.

After an employee has completed the employee’s probationary

employment period, the employee’s seniority shall be dated from the first

day of actually worked of the employee’s continuous employment,

except where service is interrupted by reasons of layoff, resignation

(except as provided in Paragraph 51),or discharge.

A reasonable number of Co-op Students, and a number of Student

Engineers not in excess of 1% of the bargaining unit at any one time, may

be assigned to work with a bargaining unit employee at different

occupations within the bargaining unit as part of a training period. While

so employed, such employees shall neither be affected by the terms of

this Agreement nor shall their employment affect the status of other

employees covered by this Agreement. Any individual Co-op Student

will not be assigned to any job or classification covered by this

Agreement for a period in excess of six (6) months at a time. A Student

Engineer will not be assigned to any job or classification covered by this

Agreement for a period in excess of three (3) months.

Master 2

A Co-op Student is an employee who spends part of the year attending a

college or university and the remainder of the year working for the

Company under the provisions of a Co-op Training Program. A Student

Engineer is a college graduate or other specially trained full-time

employee who is assigned to various duties as outlined above in the

course of an orientation-training program.

High School Students:

A High School Student remains as a full time student who is employed

on a limited basis, for learning and development purposes by the

Company as follows:

A student shall not be assigned to any job or classification
covered by this agreement beyond any consecutive three (3)
month period in a calendar year.

Each student will only be allowed to participate for two (2)
consecutive years.

Students will be assigned to work with various bargaining unit
employees performing equally varied tasks.

A student will not replace or displace any regular crewmember.

The High School Students agreement is an effort to create a
potential resource for developing future employees and shall not
be used as an alternate workforce.

High school students shall not be entitled to the benefits and
conditions of this agreement inclusive to resolution of disputes
through the grievance process.

The PSJAC shall review the learning program content to ensure that

students who participate will be exposed to a broad range of career

opportunities.

The right to hire, promote, suspend, lay off, demote, assign, reassign,

discipline, discharge and re-employ employees and the management of

the properties of the Company shall be vested exclusively in the

Company, and the Company shall have the right to determine how many

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employees it will employ or retain in the operation and maintenance of

its business, together with the right to exercise full control and discipline

over its employees in the interest of proper service and conduct of its

business, subject to any applicable terms of this Agreement.

It is agreed that all promotions to and demotions from classifications in

the wage bracket of Instrument and Control Specialist Digital and above,

as shown in Exhibit "A", will not be subject to the arbitration step

provided in the Agreement. It is further agreed that employees in such

classifications have definite management responsibilities and are the

direct representatives of the Company at their level of work. Employees

in these classifications and any others in a supervisory capacity are not

to be jacked up or disciplined through Union machinery for the acts they

may have performed as supervisors in the Company’s interest. The

Union and the Company do not expect or intend for Union members to

interfere with the proper and legitimate performance of the Foreperson’s

management responsibilities appropriate to their classification. It is

further agreed that the inclusion in the bargaining unit of the employees

in the wage bracket of Instrument and Control Specialist Digital and

above, and any others who may be in a bona fide supervisory capacity,

shall not preclude the Company from having direct communication with

such supervisory personnel to the same extent as if they were not

included in the bargaining unit.

Persons required to perform in the aforementioned capacity shall be

expected to coach those under their direction in proper safety procedures,

effective work practices and elimination of deficiencies. Inherent in such

responsibility is the necessity to critique performance, tardiness and

absenteeism as well as prudent work practices and therefore the ability to

undertake actions to promote improved performance in those or other areas.

If such discussions are not effective in obtaining the desired result, the

person in charge will make known to supervision the actions taken. The

supervisor shall be responsible for resolving the concern.

It is expressly understood and agreed that the services to be performed

by the employees covered by this Agreement, pertain to and are essential

to the operations of a public utility, and to the welfare of the public

dependent thereon, and in consideration thereof , and of the agreements

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and conditions herein by the Company to be kept and performed, the

Union agrees that the employees covered by this Agreement will not be

called upon or permitted to cease or abstain from the continuous

performance of the duties pertaining to the positions held by them with

the Company, in accord with the terms of this Agreement. The Union

further agrees that it will take every reasonable means which are within

its powers to induce employees who are members of the Union and

subject to its discipline who may engage in a strike or work stoppage in

violation of this Agreement to return to work promptly. The Company

agrees, on its part, to do nothing to provoke interruption of, or prevent

such continuity of performance of said employees, insofar as such

performance is required in the normal and usual operation of the

Company’s properties. Any dispute over matters in violation of the terms

of this Agreement must be handled in the manner provided by the

Grievance and Arbitration Procedure as set forth in Article IV below.

To provide for no disruption in work when a third party dispute arises

between an employer other than FPL (contractor for services), and a

union(s) other than System Council U-4,the Company shall ensure there

are proper gates through which employees may enter or leave Company

property without directly encountering any form of job action by an

outside Union. Gates shall be clearly identified for FPL employees only.

(a) An employee who is absent due to a bona fide illness will be paid in

any given year, dating from anniversary date of employment to the extent

required by the employee’s illness, except illness due to employee’s use

of alcohol, as follows:

(1) One (1) week after six (6) months’ continuous service

(2) Two (2) weeks after one (1) years’ continuous service

(3) Three (3) weeks after three (3) years’ continuous service

(4) Four (4) weeks after four (4) years’ continuous service

(5) Six (6) weeks after five (5) years’ continuous service

(6) Eight (8) weeks after ten (10) years’ continuous service

Full or partial payment of wages covering absences outside the above

limits may be granted in deserving cases upon the recommendation of

the Department Head and the approval of a Vice President of the

Company.

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If an employee is found by a physician to be capable of performing some

work in a modified capacity during the period of recuperation , the seniority

provision of this Agreement shall be disregarded and the employee shall be

brought back to work if work is available. Under this paragraph, an

employee may be assigned to work in a lower classification to do work

which the employee is able to perform. The employee may be assigned to

work in an equal classification to do work which the employee is able to

perform under the terms of the Memorandum of Understanding on

Sideways Relieving, dated February 21, 1957. The employee may be

assigned to an extra job, at the employee’s regular rate of pay, which may

involve some work of a higher classification if the employee is not able or

required to perform all of the work of such higher classification due to the

lack of knowledge or physical limitations.

(b) See 10-hour supplemental.

(c) It shall be the mutual obligation of the Supervisors and Union Job

Stewards to cooperate with each other in order to prevent abuse of sick

leave. Upon specific abuse the Company may require the employee to

furnish to the Company a certificate from a competent physician before

payment will be made for such illness. If the employee claims pay for

illness without just cause, or accepts employment elsewhere during such

illness, the employee shall be subject to disciplinary action.

(d) In case of death of an employee’s natural, foster or step-parents,

Grandparents, Grandchildren, Brother, Sister, Wife, Husband, natural, foster

or step child, mother-in-law, or father-in-law, the employee shall be allowed

three (3) days’ of leave within thirty (30) days of death unless mutually

agreed to by the supervisor and the employee without loss of regular pay.

(e) In case of serious illness of an employee’s natural, foster or stepparents,

Grandparents, Grandchildren, Brother, Sister, Wife, Husband,

natural, foster or step-child, the employee shall be allowed reasonable

and necessary time up to three (3) days’ leave without loss in the

employee’s regular pay. "Serious Illness in Family" should be construed

to mean any occasion in which any employee’s natural, foster or stepparents,

Grandparents, Grandchildren, Brother, Sister, Wife, Husband,

natural, foster or step-child is gravely ill or severely injured. The

Company would also include time to determine the seriousness on any

occasion where with prudent judgment an employee may be under the

impression a member of the family is gravely ill or severely injured.

Master 6

The Company also permits payment for one day when an employee’s

wife is giving birth to child.

Note (1) See Twelve (12) Hour Shift schedule in supplementals,

paragraph 35.

Note (2) See Ten (10) Hour Shift schedule in supplementals, paragraph 35.

Supervisors may grant:

(a) An employee, a leave of absence up to thirty (30) days without pay.

Any leave beyond thirty (30) days must be mutually agreed to in writing

between the Company and the Union. Such leave shall not constitute a

break in seniority.

During an employee’s leave period, most benefits continue for thirty (30)

calendar days as though employee is an active employee. The employee

is required to pay their normal payroll deduction for any optional

coverage they have elected (e.g., dependent medical coverage, optional

life insurance) including thrift loans. Benefits for approved leaves over

thirty (30) days will continue in the same manner as those leaves up to

thirty (30) days. For leaves beyond forty-five (45) days, thrift loan

payment arrangements must be made. If loan payment arrangements are

not made following forty-five (45) days, loans will be defaulted and

treated as a deemed distribution by the Internal Revenue Service (IRS).

(b) Leave provisions for up to twelve (12) weeks that are provided under

the Family Medical Leave Act (FMLA) are as follows:

• Birth, adoption or foster care of a child, applicable to both

parents (within 12 months of event date);

• Your own serious health condition;

• Serious health condition requiring care for:

- your spouse;

- your parent;

- your child;

- a child for whom you have day-to-day responsibility to care

for and financially support;

- an individual who had day-to-day responsibility to care for

and financially support you when you were a child.

Master 7

Refer to employee benefit handbook for further details.

An employee using the provisions under FLMA would be required to

report back to work no later than the next scheduled workday following

the leave of absence. This leave may be taken in conjunction with earned

vacation time, but vacation is not required to be used.

During the FMLA Leave:

(1) Company contributions for medical/HMO and dental plan coverage

will continue during the entire leave of absence. If the employee is

enrolled in Base Plan of life insurance coverage, no employee premium

is required as applicable.

(2) Thrift Plan contributions automatically stop when an employee is

absent without pay, and resume automatically upon employee’s return

from leave. Any applicable Thrift Plan loan payments, for leaves under

forty-five (45) days, fall into arrears and are deducted from pay upon

employee’s return from leave. For leaves beyond forty-five (45) days,

loan payment arrangements must be made. If loan pay m e n t

arrangements are not made following forty-five (45) days, loans will be

defaulted and treated as a deemed distribution by the Internal Revenue

Service (IRS).

(3) Company holidays that fall during the employee’s FMLA leave are

payable, and are applied to the consecutive calendar days of leave.

(4) If the employee adds dependents to any benefits coverage while on

leave, the employee must pay the increased premium amount, if

applicable.

(5) FMLA is considered to be a leave from the position, and in most

cases, the Company expects to return such employees to their original

position (but does not guarantee the original position upon return). The

employee must request a FMLA Leave of Absence in writing to the

employee’s immediate supervisor prior to the effective date of the

leave.

(c) Any regular full time itinerant employee or special itinerant employee

may be granted a leave of absence up to sixty (60) days without pay. This

leave will not be applied to the conditions of 6.1 (a) or (b) and will be

mutually agreed to in writing between the Company and the Union. The

conditions of this leave shall not constitute a break in seniority.

Master 8

Employees who are required to attend training, as a member of an active

military organization, will be compensated for up to two (2) weeks or

eighty (80) hours of regular pay, for that leave.

(a) In the event of injury(ies) or occupational illness received by

employees while performing the duties of their employment (except

injury due to the employees being under the influence of drugs

and/or alcohol), the Company shall pay such employees in any one

(1) calendar year beginning on January 1,the difference between the

compensation payable to them under the Workers’ Compensation

Laws of the State of Florida and their normal straight-time weekly

wage as follows:

(1) Two (2) weeks in the year of the employee’s anniversary of one (1)

year’s continuous service.

(2) Three (3) weeks in the year of the employee’s anniversary of three

(3) years’ continuous service.

(3) Four (4) weeks in the year of the employee’s anniversary of four (4)

years’ continuous service.

(4) Six (6) weeks in the year of the employee’s anniversary of five (5)

years’ continuous service.

(5) Eight (8) weeks in the year of the employee’s anniversary of ten (10)

years’ continuous service.

For employees with fifteen (15) years continuous service or greater in the

year of the employee’s anniversary, the Company agrees to pay in any

one (1) calendar year the difference between the compensation payable

to them under the Workers’ Compensation Laws of the State of Florida

and their normal straight-time weekly wage up to an amount equal to

66-2/3% of their normal straight-time weekly wage. This payment would

Master 9

be paid after the eight (8) weeks of benefits defined above are exhausted

up to a maximum of twenty (20) weeks. For employees with twenty (20)

years continuous service or greater in the year of the employee’s

anniversary, the Company agrees to pay in any one (1) calendar year the

difference between the compensation payable under the Workers ’

Compensation Laws of the State of Florida and their normal straight time

weekly wage up to an amount equal to 80% of their straight-time

weekly wage up to a maximum of twenty-eight (28) weeks after the eight

(8) weeks of benefits defined above are exhausted. Full or partial

payment of wages covering absences outside the above limits may be

granted in deserving cases upon the recommendation of the Department

Head and approval of a Vice President of the Company. Such payments

shall not be cumulative.

(b) The return of an injured employee to the employee’s former position

shall be subject to said employee’s physical condition and fitness to

carry on the duties of that position. The Company may require a

certificate from a physician acceptable to the Company that the

injured employee was unable to return to work during the period of

absence. Claiming accident compensation without just cause, failure

to furnish the required physician’s certificate, or acceptance of

employment elsewhere during period of absence shall forfeit all

rights under this accident compensation pay plan. Absences due to

occupational injuries and/or illnesses run concurrent with the Family

Medical Leave Act (FMLA).

(c) If an employee is found by a physician to be capable of performing

some work in a modified capacity during the period of recuperation,

the seniority provision of this Agreement shall be disregarded and the

employee shall be brought back to work if work is available. Under

this paragraph, an employee may be assigned to work in a lower

classification to do work which the employee is able to perform. The

employee may be assigned to work in an equal classification to do

work which the employee is able to perform under the terms of the

Memorandum of Understanding on Sideways Relieving, dated

February 21,1957. The employee may be assigned to an extra job, at

the employee’s regular rate of pay, which may involve some work of

a higher classification if the employee is not able or required to

perform all of the work of such higher classification due to the lack

of knowledge or physical limitations.

Master 10

(d) If, after the period of recuperation, the employee is physically unable

to perform the duties of the employee’s classification;

(1) The employee can displace an employee in a job that the employee

is physically able and qualified to fill and to which the employee is

entitled to through accumulated seniority.

(2) The employee may be placed in a job in an equal or lower

classification that the employee is qualified to fill, within the sixty-five

(65) mile show up limit without regard to the JPost System

Procedure, by mutual agreement, in writing, between the Business

Manager for the Union and the Director of Labor Relations for the

Company. The placing of an employee in a job under this

subparagraph will not displace any other employee and may include

placement in another department.

(3) If the employee has to relocate under either 7(d)(1) or 7(d)(2) the

employee may request reasonable moving expenses. The Business

Manager of the Union and the Director of Labor Relations shall

review each request for approval.

(4) If unable to remain employed through 7(d) (1) & (2) the employee

will have the opportunity to use the Candidate Selection System to

apply for a position that the employee is qualified to fill.

(e) If through 7(d)(1) or (2) the employee fills a job in a lower

classification in the bargaining unit, the employee’s pay from the

classification the employee vacated shall be frozen until such time as

the rate of pay of that lower classification surpasses the employee’s

current pay. Employees may bid other jobs and maintain the

provisions of this section. If an employee is rolled he/she will also

maintain these provisions. It will be the employee’s responsibility to

communicate the pay status to supervision at the time the job is

awarded.

(f) The benefits provided by Paragraph 7, together with whatever other

benefits to which an injured employee may be qualified under the

terms of this Agreement, shall be the sole and exclusive basis of

compensation under this agreement for an employee injured as

defined in Section (a) above.

Master 11

(a) Each employee will earn and receive vacations with pay as follows:

(1) Eight (8) hours for each month of continuous service up to ten (10)

months. (An employee will be given credit for the month if employed

on or before the 15th day of the month). An employee must have one

(1) year’s continuous service before the employee is entitled to any

vacation pay if the employee leaves the employment of the Company.

Effective January 1,2002,employees hired on or before the 15th day

of the month, will earn vacation at the rate of eight (8) hours per

month up to a total of ten (10) days/eighty (80) hours, which can be

taken in the current calendar year of employment after six (6) months

of continuous service.

(2) Effective January 1, 2002, employees will earn eighty (80) hours after

one (1) or more years’ continuous service through four (4) years.

(3) Effective January 1, 2002, one hundred twenty (120) hours in the

calendar year the employee’s fifth (5th) anniversary of continuous

service occurs, and for each year thereafter through fourteen (14)

years.

(4) Employees will earn one hundred sixty (160) hours in the calendar year

the employee’s fifteenth (15th) anniversary of continuous service

occurs, and for each year thereafter through twenty-two (22) years.

(5) Employees will earn two hundred (200) hours in the calendar year

the employee’s twenty-third (23rd) anniversary of continuous service

occurs, and for each year thereafter.

(6) Employees will earn two hundred eight (208) hours in the calendar

year of the employee’s thirty-first (31st) anniversary of service and

for each year thereafter. The aforementioned employee shall accrue

an additional eight (8) hours of vacation for each additional year of

service to provide a maximum of two hundred forty (240) hours in

the calendar year of the employee’s thirty-fifth (35th) anniversary of

continuous service. Effective January 1,2005, the above mentioned

employees will earn unpaid personal business days in lieu of

vacation days listed above in (a)(6). These days may be scheduled

on the employees’ vacation request form or taken by mutual

agreement at any time during the year.

Master 12

In this connection, a week of vacation consists of seven (7) consecutive

days , for which the employee will be paid forty (40) times the

employee’s regular straight-time hourly rate. The beginning date for

vacation shall be January 1st of each year and each employee shall wait

for this date to take a vacation to which the employee is entitled, if the

employee is in continuous service. All vacations shall be taken on

consecutive days unless the Company and the employee agree on a

different division of the vacation time. Each employee may elect to

"not" schedule up to forty (40) hours of earned vacation on January 15th.

These unscheduled vacation days can only be used upon the approval of

supervision, with at least forty-eight (48) hours of prior notice to the

scheduled start of the day(s) being requested. On December 1st of that

year, the remaining unscheduled vacation days will be scheduled prior to

the December 15th date or carried to the following year in accordance

with established vacation carry over policy.

It is understood and agreed that vacations shall be so arranged as to be

mutually convenient to both the employee and the Company. The Company,

in determining vacation schedules, will respect the seniority and wishes of

the employees as to time of vacation so far as the needs of the Company will

permit. A vacation schedule for each calendar year shall be established not

later than February 15th. Employees who have not indicated desired

vacation period by January 15th shall have such period assigned to them by

their Supervisor. It is understood and agreed that such assigned vacation

periods may be changed by the Company by notice given thirty (30) days

prior to the assigned vacation period, but may be changed by mutual

consent between the employee and the Company at any time.

(b) Should an employee be recalled for emergency duty while on vacation,

the Company will defray any extra expense which the employee may incur

as a result of such recall, including transportation and any other reasonable

expense back to the place from whence the employee was recalled, or to any

equivalent point. If the employee desires to resume the employee’s vacation

at the conclusion of the emergency, additional vacation time will be granted

in lieu of time lost as a result of such recall, including time spent in traveling

incidental to such recall.

Master 13

For Power Systems, in the event the employee is recalled for emergency

duty while on vacation or if the Company cancels an employee’s

scheduled vacation, the employee may elect to be paid the total value of

this additional earned vacation. The employee must make their selection

no later than seven (7) days after the individual storm event.

(c) If a holiday occurs during an employee’s vacation, the employee will

be allowed an additional day off with pay at the beginning or end of the

employee’s vacation.

(d) Should an employee become ill while the employee is on vacation to

the extent that hospitalization is required, the employee shall promptly

notify the employee’s Supervisor. The time lost due to such

hospitalization and any subsequent resulting period of confinement to

bed shall be considered absence covered by Paragraph 6 to the extent that

proof is presented of the duration and nature of the illness secured from

a legally licensed hospital or hospitalization insurance carrier, and a duly

licensed physician. Any remaining vacation, unused because of illness,

will be rescheduled at some future time mutually agreeable to the

employee and the employee’s Supervisor. However, such unused

vacation shall, if possible, be rescheduled in the year when it was

originally scheduled and any remaining unused vacation which cannot be

so rescheduled shall either be paid for or carried over to the following

year at the option and discretion of the Company.

(e) Employees with more than eighty (80) hours vacation may carryover

from eight (8) hours to one hundred twenty (120) hours of their unused

vacation from one calendar year to the next. Employees must take at least

eighty (80) hours of their vacation each calendar year. Election to carry

over vacation must be made by January 15. Carryover vacation will be

scheduled with the same approvals as regular vacation. If mutually

Master 14

(f) Upon termination employees will be paid any unused vacation earned

and accrued according to their length of service and their date of hire.

(a) An employee while serving on jury duty will be paid the employee’s

regular straight time wages for each scheduled workday. When an

employee receives notice for jury duty and notifies the employee’s

Supervisor on the employee’s next workday following the receipt of the

notice, such employee will be rescheduled to a workweek as follows:

Saturday and Sunday off, and Monday through Friday on the day shift

for the period of jury duty.

Such rescheduled employee will assume the same hours as is determined

by the day schedule (this may include time for meals) and remain on the

day schedule for five (5) days or multiples thereof unless by mutual

agreement between the employee and the employee’s supervisor the

employee is assigned to the employee’s previous schedule. An employee

while serving in court under subpoena, except as a party, shall be paid the

employee’s regular straight-time wages for each scheduled workday lost,

not to exceed three (3) days. If an employee is released from jury service

prior to the end of the employee’s scheduled day, the employee is subject

to reporting back to work, and it shall therefore be incumbent upon the

employee, immediately after release to report to the employee’s

supervisor. The employee may also keep any special pay or fees they

received for jury duty from the court in which they served.

(b) An employee whose hours of work do not allow sufficient time for

voting shall be allowed necessary time off with pay for this purpose.

Where the polls are open two (2) hours before or two (2) hours after the

regular scheduled work period, it shall be considered sufficient time for

voting with no necessity for additional time off in most cases.

(c) When an employee receives a travel assignment, it will be the

employee’s responsibility to notify supervision of any need to vote

during the travel assignment. Upon such notification, provisions should

be made for the employee to obtain an absentee ballot or exercise

provisions of the board of elections to vote prior to the elections. If

adequate time is not available before or after the employee’s regular

schedule, time off will be provided from the normal schedule without

Master 15

loss of straight time pay. If these accommodations cannot be made the

employee shall be allowed the necessary time off to travel to the

employee’s home location and return, without loss of straight time pay.

The employee shall also receive per diem, lodging expense and mileage

to the employee’s home location and back. The employee shall be

assured of proper rest time before being required to return to work.

Note (1) See Twelve (12) Hour Shift in PGD and Nuclear Supplements

Par. 35.

Note (2) See Ten (10) Hour Shift in Power Systems, PGD and Nuclear

Supplements Par. 35.

Under the terms of this Agreement, the Union shall be permitted to use

space on bulletin boards of the Company in departments or divisions

where members of the Union are employed, for posting official notices,

and the public address system for making official announcements of the

Union to its membership.

(a) There shall be no discrimination, interference, restraint or coercion by

the Company or any of its agents against any employee because of the

employee’s membership in the Union or because of any lawful activities

on behalf of the Union.

(b) It is agreed that no employee shall be discriminated against by the

Union or its members for non-membership in the Union, and that neither

Master 16

the Union nor its representatives shall attempt to coerce any employee of

the Company into joining the Union against the employee’s will, or

continuing the employee’s membership therein, or interfering with the

employee in any way because of failure or refusal on the employee’s part

to join the Union or continue as a member thereof, except as provided in

Article III.

It is further agreed that the Union or its representatives will not solicit

members, engage in organizing work, or other Union activities during the

working time of employees.

The Union agrees that it will take every reasonable means which are

within its powers to induce employees who are members of the Union,

and subject to its discipline, to individually and collectively perform

loyal and efficient service and to use their influence and best efforts to

protect the properties of the Company and its interest and cooperate with

the Company and its employees to this end at all times; to deal with the

public in a courteous manner at all times; to cooperate in influencing and

encouraging employees to make themselves available for work during

emergencies. Officers of the Company and the Union and its members

shall in all matters pertaining to this Agreement take into consideration

that the Company is a public service corporation and that the safety and

goodwill of the general public, including the customers of the Company

and the continuity of service to them, are of primary importance.

It is recognized by the Company and the Union that they have a common

and sympathetic interest in creating the most harmonious relations

within the Company and in the correction of conditions making for

grievances and misunderstandings. It is through close cooperation on the

part of Management and the Union that these objectives will

be obtained and every effort should be made by Job Stewards and

Supervisors to accomplish these ends. Decisions or settlements made by

supervisors and job stewards to settle differences will not be considered

as binding precedents.

Master 17

(a) Seniority, as used herein, shall mean the length of service in

continuous employment in the departments of the Company covered by

this Agreement (except as otherwise set forth in this Agreement) and

shall commence as of the first day actually worked by an employee in the

employee’s department. Layoff shall not constitute a break in seniority of

employees except as provided in Paragraphs 16 and 21(e) of this Article.

(b) For the purpose of determining seniority, business unit seniority shall

control in the four (4) business units: namely Power Delivery, Distribution

(including Information Management, Human Resources and Customer

Service), Power Generation, and Nuclear Division on a system wide basis.

The seniority of any employee shall terminate under any of the following

conditions:

(a) When a laid-off employee fails to comply with any of the procedures

defined in Paragraph 21(a).

(b) When an employee temporarily laid off fails to return to work within

fifteen (15) calendar days after notification, requesting such return, or if

such employee fails to notify the Company within forty-eight (48) hours

after notification of the employee’s intention to return to work within

fifteen (15) calendar days.

(c) When an employee resigns the employee’s employment with the

Company (except as provided in Paragraph 51).

(d) When an employee is discharged for just cause.

Continuous service as used for determining vacations, employee illness,

and employee injury allowances shall not be affected by layoffs of less

than twelve (12) months’ duration.

In the filling of any jobs, vacancies, and making promotions (the word

"promotion" shall mean advancement to a higher job classification),

Master 18

seniority (as defined in Paragraph 15) shall be given full consideration

and where ability, skill and qualifications are reasonably equal, seniority

(as defined in Paragraph 15) shall control. Final determination of such

qualifications shall be made by the Company, except that any dispute

which may arise in connection with any such matter shall be handled in

accordance with the provisions of Article IV of this Agreement. Any

employee who is promoted or transferred shall be given a reasonable

time to acquaint the employee with the job and prove the employee’s

ability to fill the position satisfactorily. Should an employee, at the end

of such trial period, prove unsatisfactory for the job to which the

employee has been promoted or transferred, the employee shall be

returned to the employee’s former position without loss of seniority.

Except in Power Systems, any employee who is awarded a job in an

apprentice classification and bids out before the employee completes the

training, will not be allowed to return to that Apprentice Program until

the employee has successfully completed all the related studies, skills

and development in another Apprentice Program or holds a craft

worker’s classification.

• Application is reviewed to verify that it meets minimum

qualification criteria.

• All qualified applicants are entered into a "selection pool".

• Management reviews candidates in the "selection pool" and

makes job award.

• All senior qualified applicants not selected for the job will be

notified in writing as to the reason why.

Master 19

(a) A job classification shall be deemed to be "higher" when it carries a

higher scheduled wage rate.

(b) When an employee above the classification of Helper, who does not

come under the apprenticeship status of this Agreement, is training in a

higher job classification under the direction of another employee in a

higher job classification, the employee shall receive the pay of the

employee’s own classification. When such employee is placed on the job

alone, the employee will receive the pay of the higher classification.

(c) When an employee is training or breaking in on a job which the

employee has been awarded through Job Posting Procedure, the

employee will receive at least the minimum rate of the job the employee

was awarded.

(a) Transfers between departments covered by this Agreement, as defined

in Paragraph 15, will be made without loss of seniority. Any employee

who has transferred departments and was denied the employee’s transfer

of seniority, under the old Paragraph 19(a) may reapply. However, the

employee will not be entitled to any retroactive benefit by virtue of the

employee’s new seniority date.

(b) Transfers within a department between employees in the same

classification but located at different working headquarters or if an

the same after the transfer as before may be made, provided:

(1) Each employee requests such transfer in writing to the

employee’s Supervisor and the Business Manager of the

Union and

(2) The Business Manager of the Union and the Director of

Labor Relations of the Company approve the transfers in

writing.

Master 20

(c) The Company will pay re a s o n able moving ex p e n s e s , or at the

employees option he/she may elect to be paid a sum of one thousand dollars

($1,000.00) in lieu of actual expenses, to any employee promoted to a

classification higher than the employee has previously held in the last

twelve (12) consecutive months and higher than that of a Truck Driver

Helper (excluding Ground Worker ), including corrections made out of

seniority or when any employee is permanently transferred at the

Company’s request.

(d) When an area is subdivided and a new headquarters is established, the

new jobs will be filled, as far as possible, by volunteers on the basis of

seniority from the headquarters of the area being subdivided. Jobs in the

new headquarters remaining vacant after this step shall be filled

according to Job Posting Procedure. Jobs remaining at the old

headquarters in excess of requirements shall be disposed of in

accordance with Paragraphs 20 and 21 of this Agreement.

(e) When work is discontinued in one headquarters and this same work

is transferred to another headquarters, then the jobs will be filled by the

same employees who have been doing the work, provided they are

agreeable to the transfer otherwise the jobs will be discontinued in the

first location and posted in the second.

(a) Except as provided in Paragraph 7(d), Paragraph 48(h), and except

when new jobs are created by demotions or assignments due to

disciplinary action or due to an employee becoming unable to fulfill the

requirements of the employee’s job, vacancies or new jobs in any

classification above that of a helper covered by this Agreement shall be

offered or discontinued within fifteen (15) days of the date of occurrence

of the vacancy unless mutually agreed to by the Company and the Union

to extend this time period. For the purpose of this provision jobs offered

shall continue in availability through the completion of the job posting

process once beyond fifteen (15) days or date of job offer.

(b) If a job is discontinued, a proper and full explanation should be made

on the job award posting on the proper bulletin boards.

(c) All new classifications added to a work location shall be posted on the

proper bulletin boards for forty-five (45) days before the job award is made.

Master 21

(d) Bargaining Unit employees may apply through the "On-Line"

application process for any future vacant jobs at any location within their

respective departments, for which they are qualified.

(e) Applications may be made at any time by active Bargaining Unit

employees only (not while on leave of absence or relieving out of the

Bargaining Unit), utilizing the "On-Line" application process. All jobs

will be ranked by order of preference.

(f) Each employee shall be provided a copy of their application. The

Union will have access to the application system.

(g) All employees should review their application list periodically and

verify its accuracy.

(h) The application "On-Line" process shall be available twenty-four

(24) hours a day, three hundred sixty-five (365) days a year to any

Bargaining Unit employee. This "On-Line" system shall show by work

headquarters, the classification, name, number and classification code of

all jobs at that work headquarters. The location code of that work

headquarters shall also be shown.

(i) Employees’ applications are automatically reviewed by the system to

verify that applicant is qualified for the position. The JPost system will

show the application as "Not Qualified" if the employee does not meet

the minimum job criteria. If there is a dispute as to the qualifications

when the employee is shown by the system as not qualified, he/she shall

notify the job criteria committee .

(j) The Job Criteria Committee shall resolve disputes arising from

qualifications in regards to applications and awards. (The intent is to

address job awards up front to reduce grievances). The Job Criteria

(k) Senior employees applying for specific classifications may be trained

by the Company prior to the job becoming vacant. The number of

employees to be trained and locations will be determined by the

Company. These specific classifications are to be agreed upon by the

Company and Union for each Business Unit:

Master 22

• This training will not be considered in the evaluation and selection of

an employee for a position.

• Training will be offered regularly and performed on company time.

• Training will be jointly developed.

• Training will be provided by Union and Management instructors,

jointly selected.

• Employees who have not been trained by the company for specific

classifications and wish to withdraw the application may do so any

time during the year without restrictions.

• Employees who have been trained by the company for a specific

classification and wish to withdraw the application prior to being

selected may do so any time during the year. These employees will

be frozen for ninety (90) days without job offer rights.

• Employees who are in training for a new position prior to being selected,

and cannot meet the requirements of the training will have full rights

without restrictions for any job offer rights in other job classifications.

(l) Job Selection: When a job vacancy occurs , the senior qualified active

Bargaining Unit applicant will be offered the job. The Company may offer

jobs to multiple employees during the same time frame in order to expedite

the job awards (multiple offers). The employee must rank the employee’s

order of acceptance by priority. The J-Post system shall provide

confidentiality in relation to the name or order by seniority of prospective

applicants cap able of receiving a job offer in accordance with this provision.

(m) The Company will provide a toll free telephone number, which will

be available to employees twenty-four (24) hours a day (messages), to

accept or reject any job offer. The J-Post toll-free telephone number

should be used to accept or reject a job offer after the normal working

hours of the clerks performing J-Post duties in order to avoid "timing

out". The toll free number is located in the "Job Information Report"

that is printed weekly. Verification of the phone call will be provided to

the employee via the local clerk performing J-Post duties. The local

clerk performing J-Post duties shall provide verification to the employee.

It is the employee’s responsibility to verify the accuracy of the

information entered.

Master 23

(n) Employees will have up to three (3) calendar days, for jobs within

sixty-five (65) miles of present work location, to accept or reject a job in

a different work location (even if the employee is not scheduled to work

on the third day). If the offer is in the same work location, employees will

have one (1) day.

(o) Jobs outside of the sixty-five (65) mile radius will have a seven (7)

calendar day response limit. However, if an employee is willing to return

the job offer within three (3) calendar days, the company will allow the

employee one scheduled workday (8,10,12) hours of paid time to travel

to the new work location. The following will apply:

• The employee will travel within the three (3) day time frame.

• The employee will respond with a decision within three (3) calendar

days (even if the employee is not scheduled to work on the third day ).

• The employee will not be compensated for mileage.

• The employee will check in at the prospective work location.

Allowances for travel will be given up to two (2) times per twelve (12)

month period. If the employee elects to take more than three days to accept

or reject, no travel pay will apply. The employee must respond within seven

(7) days (even if the employee is not scheduled to work on the seventh day ).

(p) Job offers not responded to, by the applicant, within specified time

allowances will be considered as automatically withdrawn, for the

application and job offer.

(q) Upon acceptance of any position, all jobs of a lower priority will be

removed from the application system.

(r) Employees who have been trained prior to an award or after accepting

an award in specific classification as defined will be required to remain

one hundred eighty (180) days in the new classification.

(s) Employees will be given fourteen (14) days to report to the new work

location. If mutually agreeable, less than fourteen (14) days or extensions

over fourteen (14) days may be granted.

(t) Employees will be given up to four (4) job awards per twelve (12)

month period. Unless an employee has been relocated through an

Master 24

involuntary roll for one year they have unlimited job acceptance. Multiple

offers on the same posting will be considered as one acceptance.

Apprenticeship jobs will not count as one of the " four awards".

(u) If the employee rejects the offer, the Company will select the next

employee and withdraw that application from the "On-Line" system.

(v) Employees who have been trained by the Company for specific

classifications and reject an award in these classifications will not be

offered a job for ninety (90) days following the rejection.

(w) The Company will post on the bulletin board the awarded applicant’s

name, seniority, prior work location and reporting date.

(x) Any applicant will be allowed ten (10) days from date of posting on

local bulletin boards in which to file protest in writing.

(y) All jobs which have no applicants or no qualified applicants will be

posted on the proper bulletin boards for a period of ten (10) days. If after

this ten day period there remains no qualified applicants, the Company

shall have the right to fill the job from any available source within a

period of forty-five (45) days.

(z) If any employee is on record with the Director of Labor Relations and

the Business Manager of the Union in writing as desiring to change

departments, specifying the desired location or locations, the employee

will be considered to have a bid. In order to be eligible for such transfers,

the employee must renew the employee’s application to the Company

and the Union annually. Each employee may submit no more than one

request and one revision to the employee’s initial request per calendar

year commencing January 1st. The employee’s application to the

Director of Labor Relations must be postmarked prior to the posting of

the NQA (no qualified applicant) notice in order to be considered for the

job that is open. An employee will become ineligible for transfer for the

remainder of the year upon refusal or acceptance of an NQA job offer or

upon the expiration of the employee’s request as of December 31st of

each year, which ever comes first. If finally sustained in the job, the

employee’s seniority will be transferred to the department to which the

employee transfers. If the job is not filled in the above manner, it will

then be reposted in accordance with the Job Posting Procedure.

Master 25

(aa) Job Review Process: It is the interest of the Company and the Union

to expedite the job posting process to allow all employees the

opportunity to be awarded job vacancies, and still provide stability in the

workforce. It shall be the mutual obligation of the Company and the

Union to cooperate with each other to prevent or correct problems that

may arise. After one year the Company and the Union will jointly

determine the effectiveness of the changes by reviewing the data on the

number of jobs accepted and withdrawn per employee; data on paid

travel allowances, number of jobs discontinued and reposted and other

modifications. The results of this review may determine if additional

changes or enhancements to the process are necessary.

(a) The use of contractors during the term of this agreement shall not

directly result in the layoff of Bargaining Unit Employees.

When a vacancy is created as a result of employee attrition or

redistribution of the workforce through the J-Post process and the

Company determines it necessary to fill such vacancy, then the Company

shall exhaust all reasonable possibility of filling the vacant position

through the J-Post system, and/or all other methods of filling a vacancy

per the terms of this agreement, prior to using contractors. If the vacancy

continues to exist the company retains the authority to require that work

be performed by outside contractors. Vacancies subsequently restored to

permanent shall be bargaining unit positions within the authority of this

agreement.

(b) Employees working outdoors will not be laid off in the event of rain

or inclement weather.

(c) Should it become necessary to lay off any employee on account of

reduction of forces in any department covered by this Agreement and

thereafter a vacancy occurs within twelve (12) months in the employee’s

last held classification or a lower classification in the employee’s

department, the laid-off employee shall be offered the opportunity of

filling same, in accordance with the employee’s seniority status (as

defined in Paragraph 15), provided the employee is available for work

and competent to fill the job that is open and passes the physical

examination required by the Company’s employment policy, and has

submitted to the Director of Labor Relations, within ten (10) days of

Master 26

such layoff, a registered letter stating a desire for reemployment, the

desired location(s)/classification(s), and a current telephone number

where the employee can be contacted. The employee may be eligible for

two (2) additional twelve (12) month periods up to a total of thirty-six

(36) months, if the employee renews such registered letter with the

Director of Labor Relations within a period not more than ten (10) days

prior or ten (10) days after the expiration of each twelve (12) month

period. It shall be the employee’s responsibility to inform the Labor

Relations Department, in writing, of any change in their telephone

number. In the event a vacancy does occur, the Company will make an

effort to contact the employee for a period of three (3) days; if the

employee cannot be reached, the employee’s name and number will be

turned over to the Business Manager’s office for a period of three (3)

days. If the employee cannot be reached during this period or fails to

comply with any of the above stated procedures, the employee will

forfeit all recall rights contained in this paragraph.

(d) All layoffs, demotions or adjustments resulting there from, except

demotions as provided in Paragraph 20 (a), shall be made in the inverse

order of seniority (as defined in Paragraph 15), competency being

sufficient, in the respective departments covered by this Agreement.

Upon ratification of the contract an exception would be made if a senior

employee, in the same work location and same classification, volunteers

to be laid off in the place of a junior employee. This exception will be

made between the time of the announced work force reduction and prior

to the affected junior employee leaving the company. All of the

remaining provisions of this paragraph will apply. It is agreed that in the

exercising rolling rights. Any employee, who is displaced from a job,

will be entitled to roll into any jobs for which the employee has seniority

and qualifications, including higher classifications. If unable to find a job

through the roll process, this employee will be offered any vacant job

covered by this Agreement for which the employee has qualifications.

Any employee rolled out of a craft worker classification due to a layoff

will have the opportunity for twenty-four (24) months to bid an

Master 27

apprentice job in the same classification at the employee’s original

location and automatically promote unless the employee reaches a job

equal to a craft worker level during this twenty-four (24) month period.

This does not include subdividing headquarters or relocation of crews.

The following process will be implemented after sixty (60) days notice

to the Business Manager. Every effort will be made by the Company to

limit realignment to once per calendar year per Business Unit.

(1) ROLL PROCESS

DATES PROCESS

Start Staffing levels defined and announced.

+4 weeks Stop "Application System".

+5 weeks Employees are offered transfers. (3 days)

• Employee is offered job in the location that

the work is being transfer red to.

• Employees accept or reject transfer.

• Employees who accept relocate on system

move date.

• Employees who reject submit roll choices.

+6 weeks Employees submit roll choices.

• Employee has five (5) days to submit ten (10)

choices.

• Employees with seniority less than the most

senior employee being rolled submit choices.

• Work location validates choices and notifies

and corrects invalid choices.

• Work location verifies all effected employees

have submitted roll choices.

• Work location/VRU inputs choices.

Master 28

+9 weeks Roll Begins

• Employees may roll vacant jobs if seniority is

greater than employee’s who have applied for job.

• Employees may roll into any job qualified to

hold.

• Employees may elect to roll into any vacant

jobs if there are no applicants in the "On Line

Application System".

• Employees resubmit choices if no longer valid.

• Employees have one day to resubmit choices.

• Move date announced.

• Pay period ending after roll complete.

• System-wide movement including transfers.

• Employees may be absorbed by mutual

agreement by the Company and the Business

Manager in an effort to stop a roll.

• Roll ends.

Individual employees that exercise their rights under paragraphs 7,17,or

27 and five (5) or less employees affected under paragraph 19 will roll

according to the following:

1. Employees will be allowed ten (10) calendar days to submit rolling

elections.

2. If an employee submits a valid rolling election form (10 choices) and

cannot receive any of the employee’s choices due to another employee

rendering the election unattainable, the employee will be allowed seven

(7) days to resubmit additional choices.

3. Employees will be allowed a minimum of fourteen (14) days,

notification if rolling to a different work location.

4. Employees who are notified of a layoff will be paid a minimum of all

regular schedule workdays up to ten (10) calendar days.

Master 29

(e) Any employee who is displaced from a job as a result of grievance

procedure will be entitled to roll where qualified for which the employee

has seniority and qualifications and which was posted subsequent to the

date on which the employee was awarded the job from which the

employee was displaced.

(f) A craft worker, upon being required to exercise rolling rights, may in

accordance with Paragraph 21 roll into the apprentice classification

which corresponds to the employee’s own if the employee is physically

qualified as a craft worker in that classification. The employee may, in

accordance with paragraph 21, roll into another apprentice classification

if the employee meets the same entrance requirements in effect for

employees who are then entering that classification. An employee other

than a craft worker may roll into an apprentice classification if the

employee meets the same entrance requirements in effect for employees

who are then entering the classification. An employee who has rolled into

an apprentice classification will automatically promote to the

corresponding craft worker if the employee has completed the

requirements of the Joint Apprentice Program for that classification, and

has four (4) years in that apprentice classification, or corresponding craft

worker classification, or combination thereof.

(g) In the event the Company sells or transfers any or all of its properties

to an unaffiliated company the following will apply:

(1)In the event the Company (Florida Power & Light Company) sells

or otherwise transfers the entire company, business unit or part thereof

to an unaffiliated company. The provisions of this Memorandum of

Agreement shall be binding upon said purchaser or transferee for the

remainder of the term of this Agreement. However, the purchaser or

transferee shall not be bound by any local agreements or

memorandum of understandings which are not specifically set forth in

this Agreement. In the event of any such sale or transfer, the Company

shall provide the Union with not less than sixty (60) days notice prior

to the effective date of the sale or transfer and shall provide the Union

with a copy of that portion of the sale or transfer agreement obligating

the purchaser or transferee to assume the applicable provisions of the

Memorandum of Agreement.

(2) Employees employed in the business unit or portion of a business

unit being sold or otherwise transferred shall be given sixty (60) days

Master 30

notice of said sale or transfer and shall be allowed to exercise their

rolling rights to positions for which they are qualified in accordance

with applicable seniority and rolling provisions set forth in paragraphs

15 and 21 of the Memorandum of Agreement.

(3) Employees who are hired by the purchaser or transferee of an

entire business unit or portion thereof but are laid off within six (6)

months of the effective date of the sale or transfer shall be offered an

opportunity to fill any open and available Company jobs covered by

this Agreement in accordance with seniority (as defined in paragraph

15 of the Memorandum of Agreement); provided that notice is given

the Company by certified or registered mail postmarked within ten

(10) days of such layoff that re-employment is desired and that the

employee is competent to fill the open and available job and pass the

physical examination. If the employee does not timely accept the

Company’s offer, the Company shall have no further responsibility to

the employee. Any offer extended here under shall be sent to the

employee’s last known address by certified mail with a copy to the

Union. The Company’s obligation to notify employees of open and

available jobs pursuant to this paragraph shall be limited to the six (6)

month period following the date of the employee’s layoff by the

purchaser or transferee.

If the Union believes any discharge of an employee for cause to be in

violation of the terms of this Agreement, the matter shall be considered

a grievance and shall be handled as provided in Article IV of this

Agreement; and the Board of Arbitration, in cases where it determines

that an employee has been discharged in violation of the terms of this

Agreement, may make an award to such an employee for all time lost and

the employee shall be reinstated to the employee’s former position

without any loss of seniority.

If the amendment known as the "Right to Work" amendment of the

Florida Constitution is nullified by the United States Supreme Court,

State or Federal legislation, then this Agreement shall be automatically

Master 31

amended to place back into effect Article III as written in the Agreement

dated January 14, 1970, and as amended March 18, 1970, between the

Company and the Union.

23. Deleted

24. Deleted

25. Deleted

A grievance is hereby defined as a violation of the terms of this

Agreement or any type of supervisory conduct which unjustly denies to

any employee the employee’s job or any benefit arising out of the

employee’s job and notice of which has been given in writing within four

(4) calendar weeks after its occurrence.

The parties agree that no later than sixty (60) days following the

ratification of this collective bargaining agreement, the Director of Labor

Relations and the Business Manager of SC U-4 shall each appoint two

representatives to a committee tasked with improving the current

grievance process. A program shall be developed in order to improve the

current grievance process, methods, procedures, and overall

effectiveness to not only resolve future issues but to address the extensive

grievance backlog. The committee will make a good faith effort to reach

agreement within six months of the committee forming.

(a) Should any difference arise between an employee covered by this

Agreement and a representative of the Company, the employee and/or

the Job Steward shall discuss such difference informally with the

immediate Supervisor for the purpose of settling differences in the

simplest and most direct manner in order to avoid grievances. If , after

these discussions, a difference still exists involving a matter referred to

in Paragraph 26, unless by mutual agreement in writing signed by both

parties another procedure is adopted, such matter shall be taken up in the

following manner:

Master 32

First: The matter may become a formal grievance if reduced to

writing, signed by the party making the grievance and taken up with

immediate Supervisor within four (4) calendar weeks after its

occurrence.

Second: If any matter is not settled in the First Step within ten (10)

days, the Business Manager of the Union and the Vice President in

charge of Operations or such representative as either may designate,

shall discuss the matter further. The Supervisor and the Local Union

Representative may be included in these discussions. Extensions of

the ten (10) day period may be made, but only in writing and signed

by the Supervisor and the Job Steward.

Third: Any matter not settled, as provided in the Second Step above,

shall within thirty (30) days after disposal in the First Step above be

referred to the President of the Company or the President of the

Company personal representative, and the Business Manager of the

Union and the System Committee (which the Union agrees shall

consist of not more than five (5) members). A representative of the

International President may also be included in this step.

Fourth: Should any matter that has been referred to representatives of

the parties, as provided in the Third Step above, not be satisfactorily

adjusted within thirty (30) days from the date of such referral, either

party may within sixty (60) days from date of such referral demand

arbitration of the matter by giving written notice to the other. Upon the

Union requesting arbitration, all such grievances which are not settled

within sixty (60) days from the date that no agreement is reached in

the Second Step on the first such grievance not settled within that

period may be grouped for submission to a single Arbitration Board

regardless of the issues involved. In cases where the time limit is

extended for handling in the Third Step, such time limit extensions

will be added to the sixty (60) day period.

(b) A grievance of a general nature or a grievance in the interpretation of

the Agreement which is brought by someone other than an aggrieved

employee and is not confined to an individual employee or group of

employees in a particular location shall be brought as a grievance of the

Union. The Business Manager, or the Business Manager’s representative,

shall present such grievance in writing to the Vice President in charge of

Operations or such representative as the Vice

Master 33

President in charge of Operations may designate. In the event such

grievance is not disposed of within thirty (30) days after presentation, it

may be referred to the parties as provided in the Third Step of the

Grievance Handling Procedure.

(c) When any favorable or unfavorable incident occurs to an employee, a

record of which is made by the Company, the employee will be furnished

a copy of same within four (4) weeks of its occurrence in order that the

employee may have an opportunity to correct the record. If this provision

is not complied with, no such incident will be considered in applying

disciplinary action nor will it be used against an employee in grievance or

arbitration procedure. This is not to be construed that every unfavorable

incident which occurs to an employee must be made a record in order that

such might be considered in applying disciplinary action or used against an

employee in grievance or arbitration procedure. This paragraph was

proposed by the Union as a method to stop the practice of inserting letters,

memorandums, etc. of unfavorable incidents in an employee’s personnel

file without the knowledge of the employee involved.

(d) The words "without prejudice" or words of similar import mean that

the settlement in which the words were or are used does not constitute a

precedent of any kind, nor can the settlement be again referred to in any

future grievance or arbitration procedure.

(a) Within ten (10) days after written notice is given by either party

requesting arbitration as provided in Paragraph 27, the matter shall be

referred to a temporary Board of Arbitration consisting of one (1)

member designated by the Company, one (1) member designated by the

Union, and a third member to be selected by these two (2) members. In

the event one of the parties refuses or fails to so designate its

representatives, then the party in default shall forfeit its case. In the event

the members of the Board of Arbitration fail to select a third member

within three (3) days, the parties shall jointly request the American

Arbitration Association or the Federal Mediation and Conciliation

Service to appoint the third member, both parties to be bound by such

appointment. In the event one of the parties refuses or fails to join in such

request, then the party in default shall forfeit its case. The majority

decision of the Board of Arbitration shall be final and binding on both

parties hereto.

Master 34

(b) The Board of Arbitration shall be governed wholly by the terms of

this Agreement and shall have no power to add to or change its terms, nor

shall the Board of Arbitration be authorized to pass on matters which are

not properly grievances as defined herein.

(c) A rotating panel of seven (7) arbitrators, jointly selected by the

Company and the Union, will be established to hear discharge

grievances. The panel of arbitrators will be confirmed, or changed,

yearly. The selection from the panel will be sequential and only one

discharge case may be put before the same arbitrator at a time unless

mutually agreed to by both parties. A discharge case may include

multiple employees.

When the dispute involves interpretation of wage schedules or

promotions, any decision of the Arbitration Board shall not, in any case,

be retroactive prior to the date on which the dispute originated.

Each party shall defray the expenses of its own member of the Board of

Arbitration, together with any expense in presenting its own case. The

fee and expenses of the third member of the Board, if any, shall be borne

equally by the parties, together with any incidental or general expenses

in connection with the arbitration, mutually agreed upon in advance. If

the member of the Board designated by the Union is an employee of the

Company, necessary time off required to attend such arbitration

proceedings shall be allowed without pay.

Cessation of work or refusal to work by any employee on account of any

grievance or alleged grievance of any employee, if the grievance

procedure above set forth has not been fully complied with by the

employee or employees or their representatives, shall constitute grounds

for discharge or suspension of such employee. Nothing in this paragraph

shall abridge the rights of any employee as set forth in Paragraph 45

relating to Safety.

Master 35

(a) Employees of the Company, members of the Union’s Committee

representing any of the Local Unions above mentioned, will be allowed

time off without loss of pay from regular scheduled work to attend any

scheduled meeting with Company representatives; however, in the event

such meetings extend beyond the usual working hours or are scheduled

outside of the regular working hours, no compensation shall be paid by the

Company for time outside of regular working hours and working days.

(b) The Union agrees that, insofar as possible, the Local Steward will

handle any matters with the local supervisory personnel and not more

than three (3) employees (except in the Miami Electric Distribution

Department not more than four (4) employees and the System

Committee, not more than five (5) employees) will be allowed time off

without loss of pay under this paragraph.

In order to provide continuous service to the public, it is recognized that

certain variations in working periods may be necessary, and in such

cases, employees shall work on irregular but definitely assigned and

posted working schedules.

The workweek shall be from 12:01 a.m., Saturday to 12:00 midnight,

Friday, except Special Maintenance employees in the Production

Department, and shift operations requiring continuous work, in which

case, the workweek ends for the shift ending nearest 12:00 midnight,

Friday, and the succeeding workweek begins immediately thereafter.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Master 36

Note (4) For Ten (10) and Twelve (12) Hour Shifts see Nuclear

supplemental.

Note (5) For Ten (10) and Twelve (12) Hour Shifts see Power Generation

supplemental.

Note (6) For Ten (10) Hour Shifts see Power Systems Supplement.

Note (7) For Special Maintenance Employees see Nuclear supplemental.

Note (8) For Special Maintenance Employees see Power Generation

supplemental.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

(a) For the purpose of this Agreement, the following legal holidays shall

be recognized: New Year’s Day, Martin Luther King’s Birthday,

Memorial Day, 4th of July, Labor Day, Veteran’s Day, Thanksgiving Day,

the day After Thanksgiving Day, Christmas Eve Day, Christmas Day, and

Employee’s Birthday. All employees covered by this Agreement shall

receive holidays with pay for the holidays specified in this paragraph.

When any of these holidays falls on an employee’s first rest day, the

immediately prior scheduled workday shall be observed as the holiday.

When any of these holidays falls on an employee’s second rest day, the

next scheduled workday shall be observed as the holiday. When an

employee has more than two (2) consecutive days off and if any of these

holidays falls on the first or second of these days off, the immediately

prior scheduled workday shall be observed as the holiday. When any of

these holidays falls on the third or fourth day off, the next scheduled

workday shall be observed as the holiday. Should any employee covered

by this Agreement be required to work on any day observed as a holiday

during the hours the employee is scheduled to work, the employee shall

receive extra pay at time and one-half for such work. If an employee

works on any day observed as a holiday during the hours they are

scheduled to work, it is not overtime as defined in

Master 37

Paragraph 35(e) and is not charged against them nor against any

employee who might have refused the assignment, on the overtime

roster. All off-scheduled hours worked on days the employee observes

as holidays shall be paid for at double time.

The birthday holiday is a floating holiday that can be observed any day

of the year. This holiday must be determined on employee’s vacation

schedule that is established no later than February 15th. The day these

holidays are observed may be changed by mutual agreement between the

employee and the Company at any time .

(b) If an employee is required to work on a day observed as a holiday, for

a period of not less than eight (8) hours, the employee may elect to accept

an additional day of vacation in the following year at the employee’s then

current rate of pay in lieu of holiday pay for that day. The employee must

make this election prior to the close of the payroll period for the holiday

involved. Prearranged work on a holiday will be offered on the basis of

seniority. Call-out work will be offered on the basis of the overtime list.

This provision will not effect the procedure for temporary relieving

outlined in Paragraph 50.

(c) When an employee is scheduled to work on a day the employee

would normally observe as a holiday and is unable to work, the employee

will be paid only holiday pay. The employee cannot collect double pay

benefits for the same period of time .

(d) See Ten (10) Hour Shifts Nuclear, Power Generation and Power

Systems supplementals.

Note (1) See Twelve (12) Hour Shifts Nuclear supplemental.

Note (2) See Twelve (12) Hour Shifts Power Generation supplemental.

(e) The following process will be used for prearranging employees on a

Master 38

(f)(1) Power Systems:

(f)(2) Power Generation:

Scheduled outage work when all employees are not scheduled on a

holiday will be offered to those employees on the outage overtime list by

seniority. If not enough employees volunteer, home plant employees on

the outage overtime list will be offered the holiday work by seniority.

If forcing is required, it will be done by inverse seniority of those

employees on the outage overtime list.

Note (3) For Holiday Work by Nuclear Operators see Nuclear

supplemental.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Master 39

39. Deleted.

Work on Sundays and holidays shall be kept at such a minimum as, in

the opinion of the Company, is consistent with the proper construction,

operations and maintenance of its facilities in efficiently and

economically providing continuous and satisfactory service to the public.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Note (4) For Travel (Nuclear Division) see Nuclear supplemental.

When the Company requires an employee to have a telephone, it shall

notify such employee in writing of this requirement. In such cases, the

Company shall pay the telephone bill (except personal long distance

charges) of such employees until the requirement is canceled in writing.

The Company will not require such telephone to be listed as a business

or Company phone and those telephones now listed will, upon sufficient

notice and written request of the employee, be removed from the next

issue of the telephone directory.

An employee who is unable to report for work must notify the

employee’s Supervisor, or the Supervisor’s designee, at least one-half

(1/2) hour before the employee’s scheduled starting time in order to

allow sufficient time to make arrangements for a substitute. Failure to

give said notice will result in forfeiture of pay for the day involved,

unless employee furnishes a bona fide excuse or reason for not giving

said notice.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Master 40

Note (3) See Power Systems supplemental.

Note (4) For Traveling Crew-Power Generation see Power Generation

supplemental.

Note (5) For Nuclear Division Overtime Shift Splitting for Operators see

Nuclear supplemental.

(a) The safety of the employees is a matter of paramount importance,

shall receive first consideration, and no employee shall be allowed or

required to take any undue risk in the performance of the employee’s

duties which the employee or the employee’s Foreperson or Supervisor

considers unsafe to the employee or to the employee’s fellow workers.

Supervisors and Foreperson will be held strictly responsible for the

enforcement of safe working rules. Each employee will abide by the

provisions in the Safe Work Practices Manual and will be expected to

support the initiatives of the Joint Safety Committee. In case any

Supervisor or Foreperson is charged by an employee, or any employee is

charged by the Company as being at fault in connection with any

accident and such charge is deemed unfair, this action may be taken up

as a grievance as provided in Article IV.

(b) The Company and the Union agree to establish a Joint Safety

Committee. The Corporate Joint Safety Committee will continue to have

It is further agreed that in those cases involving materials, safety tools,

devices and equipment, it will be the function of the Joint Safety

Committee to recommend to the Company changes, deletions and

Master 41

additions, as prescribed by the "Standards and Procedures of the Joint

Safety Program".

Monitors Business Unit safety targets and indicators.

Develops and oversees the implementation of the Business Unit
Safety Plan.

Recommends safety tools, devices and equipment.

Conducts ongoing data analysis of accidents and develops
recommendations.

Reviews and conducts accident investigations.

Prioritizes and coordinates resolution of issues forwarded from
the field.

Recommends changes to safety rules to the Corporate Joint
Safety Committee.

Responds to requests of the Local Joint Advisory Safe t y
Committees.

Master 42

It is neither the intention of the Company nor the Union to use this

program for the purpose of creating work rules governing hours of work

and conditions of employment or to relieve the Company of its exclusive

responsibility under the Occupational Safety and Health Act to ensure

the safety and health of its employees. This Committee will not involve

itself in disciplinary action.

It is agreed that the Local Joint Advisory Safety Committees will

continue to function in an advisory capacity to the Joint Safety

Committee, as outlined in the "Standards and Procedures for the

Administration of the Joint Advisory Safety Program".

Level of experience and familiarity with the type of work done
throughout the business unit.

Necessary teams and location of team members to respond
timely, provide coverage for vacations, and other reasons of
unavailability.

Master 43

1) Local leadership shall contact the Corp o rate Joint Safe t y

Committee, Business Unit Joint Safety Committee, and Local

Joint Advisory Safety Committee.

2) The decision is made by the Corporate Joint Safety Committee ,

with input from the Business Unit Joint Safety Committee, to

have Accident Investigation Team conduct the investigation.

3) At the accident site, the Team shall hold a briefing with local

leadership, Local Union President, and Local Joint Advisory

Safety Committee.

4) The Team shall conduct the accident investigation, using Local

Joint Advisory Committee as a resource.

5) When the accident investigation is complete, the Team shall hold

a briefing with local leadership, Local Union President, and

Local Joint Advisory Safety Committee.

6) The Team shall present the investigation to Corporate Joint

Safety Committee and Business Unit Joint Safety Committee.

Either party has the privilege of terminating this program on thirty (30)

days notice.

No employee will be required to work more than sixteen (16)

consecutive hours without immediately thereafter having eight (8) hour s

off duty. All consecutive hours worked over sixteen (16) shall be paid for

at double the straight-time hourly rate. After fourteen (14) consecutive

Master 44

hours of work any employee required to work again without at least eight

(8) consecutive hours off duty, then such additional hours worked shall

be added to the fourteen (14) hours or more of continuous work, and such

total hours shall be considered consecutive for the purpose of this

paragraph. If the hours off duty fall within or overlap into the employee’s

regular scheduled work period, the employee will be paid for all such

hours off duty within the employee’s regular scheduled work period at

the straight-time rate. Time off for meals shall be considered as time

worked for the purpose of determining consecutive hours.

(a) All employees required to work in rain or water shall be furnished a

rain suit or a raincoat at the employee’s option and individual hats and

rubber boots suitable for the jobs as required. Employees, when required

to work in combustion chambers, gas passages, condenser circulating

water passages, exciters, exciter air passages, large induction motors, oil

sumps, and tanks, and when required to do spray painting and

sandblasting, shall be furnished coveralls and gloves. Such equipment

shall remain the property of the Company and shall not be devoted to

personal use and shall be turned in when not in use.

(b) Fire Resistant Clothing: The company will provide each employee,

on a yearly basis, in Power Delivery and Distribution Business Units,

that is exposed to open flame or arcs associated with energized electrical

equipment, two (2) OSHA complying shirts from an approved vendor.

The employee is responsible to supply and wear OSHA complying pants

and is expected to be in compliance whenever working. For work on

energized equipment, switching and grounding in PGD and Nuclear

Division, the Company will furnish OSHA approved flame retardant

clothing for the employees to wear as prescribed by the Joint Safety

Committee. During the term of this agreement (2001-2004) the Union

and Company agree that discussion regarding Fire Retardant Clothing

and/or uniforms shall be initiated by the parties. The Joint Safety

Committee shall be included in these discussions. Any such results of

these discussions shall be considered a part of this agreement.

Recognizing the needs of each Business Unit to keep up with the

changing environments, paragraph 48 has been revised. It is the intent of

Master 45

these changes to allow each Business Unit to develop and administer

apprenticeship training. Business Unit’s choosing to use paragraph 48

should follow the following.

(a) The Joint Apprentice Committee

The Company and the Union agree to establish a Joint Apprentice

Committee of four (4) members. For the Union, The President of

the System Council and the Business Manager or their designees.

For the Company, The Vice President of Human Resources and the

Director of Industrial Relations or their designees. The Joint

Apprentice Committee shall be responsible for approving New

Craft Workers Apprentice Programs developed by The Business

Unit’s Joint Apprentice Committee. The Joint Apprentice

Committee shall also be responsible for recommending to the

Company an effective Apprentice Program, including changes or

additions to present Standards, Procedures and Training Material.

(b) Business Unit’s Joint Apprentice Committee

The Company and the Union have agreed that the Business Unit’s

may expand the Joint Apprentice Committee to include specific

Joint Apprentice Committee’s for each Business Unit (Power

Systems, Power Generation and Nuclear).

The Business Unit’s Committee will consist of four (4) members.

Management representatives will be the Vice President of the

Business Unit and the Manager of training of the Business unit or

their designee. The Union representatives will be the Business

Manager and a representative of the Business Unit appointed by the

Business Manager or a designee.

The Business Units Joint Apprentice Committee will be

accountable to the Joint Apprentice Committee.

The Business Unit’s Joint Apprentice Committees will be

accountable for the administration and approval of the apprentice

programs.

(1) The Business Unit’s Joint Apprentice Committee shall develop

the Standards, Procedures and Training Material for a New Craft

Workers Apprentice Program. The New Program will then be

recommended to the Joint Apprentice Committee for approval.

Master 46

(2) Each Business Unit’s Joint Apprentice Committee shall

maintain an Apprentice Standard and Procedures Manual for all

approved apprentice programs in their business unit. The

Apprentice Standards and Procedures will consist of but will not

be limited to the following:

• Eligibility.

• Training Scope.

• Testing and Certification.

• Training Ratios.

• Program Administration.

(3) Each Business Unit’s Joint Apprentice Committee shall

administer the Approved Training Material for its Apprentice

Programs.

(4) As the need for apprentice programs are identified by the

Business Units, subject mater experts shall be jointly selected to

aid in the programs development and shall be appointed by the

Business Units Joint Apprentice Committee. The Business

Units Joint Apprentice Committee will be accountable for the

development of the new program.

(c) New programs or changes to the existing programs that have an

effect on the intent of the Memorandum of Agreement shall be

reviewed for approval by the Company and Union Negotiation

Committee.

(d) Either party has the privilege of terminating the program on thirty

(30) days’ notice. It is agreed that this Agreement will be amended to

include mutually agreed lines of progression. If the Apprentice

Training Committee is terminated by either party, the lines of

progression will be automatically terminated .

(e) Business Unit’s Joint Apprentice Committee may establish Local

Joint Apprentice Committees for each work headquarters with

Apprentices. Local Committees shall be accountable to administer

the approved Apprentice programs. The Local Joint Apprentice

Committee will be accountable to the Business Units Joint

Apprentice Committee.

Master 47

(1) The Local Committee will consist of two members .

Management’s representative will be the Work Location

Manager or their designee. The Union representative will be the

Local Union President or their designee.

(2) The Local Joint Apprentice Committee shall administer the

Approved Standards, Procedures and Training Material for the

Apprentice Programs at the work headquarters.

Note (1) See Power Systems supplemental.

Note (2) For Nuclear Division Paragraph 48, see Nuclear supplemental.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

48.2 Deleted

(a) "Hours worked" shall include only time actually at work or on duty,

including the time required to stand by, prepared to go to work at a

specified place in a given locality.

(b) Wages shall be paid biweekly.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Except in cases of emergencies, any officer or member of the Union

whose services are required in connection with Union affairs shall upon

written request by the Union, be made at least two (2) days in advance,

Master 48

be released without pay, provided that not more than three (3) employees

from each Local Union (upon mutual agreement between the Union and

the Company there may be more than three (3)), the four (4) officers

from the System Council and the five (5) members of the System

Committee shall be so released at the same time. Insofar as practicable,

the Union will hold its meetings at such time and place as will require

the least number of employees to be absent from their headquarters

during regular working hours. Release of this nature shall not exceed

fifteen (15) days in any calendar year, except additional time may be

granted by mutual agreement; provided, however, any employee of the

Company who is a member of the Union and is covered by this

Agreement and who is elected or appointed to any full-time office in the

Union shall, upon the employee’s retirement from such office, be

reinstated to the employee’s former position in the Company or one as

fully comparable, "or to any specific job which the employee could have

successfully bid under Paragraph 17", with full seniority rights in the

department of the Company in which the employee was formerly

employed, provided the employee presents themself for reemployment

within thirty (30) days from the date the employee is retired from said

office and the employee is still qualified both physically and mentally

and has the skill and other qualifications to perform the work required.

Master 49

Upon ratification, any employee accumulating seniority rights under

Agreement between the parties hereto who has been promoted or

assigned from a Bargaining Unit position in the Company to a position

not covered by this Agreement shall, upon the employee’s return, in good

standing from said position, be reinstated to a position lower than a craft

worker classification, with seniority rights in the department of the

company in which the employee was formerly employed, provided the

employee is in good standing and still qualified both physically and

mentally and has the skill and other qualifications to perform the work

required.

Master 50

Furthermore, it is understood that these employees’ seniority will be

frozen (no more accumulation of seniority) as of Dec. 5, 1994, the

effective date of this agreement. During the period of such promotion or

assignment, the employee shall not have a right to bid on jobs covered by

this Agreement. Return shall be effected at the request of the employee.

As of January 11, 1994, any employee accumulating seniority rights

under this Agreement who may in the future be promoted to or assigned

to a position in the Company not covered by this Agreement shall have

six (6) months in which to decide whether the employee is suited for that

position. Within this six (6) month period, upon written request of the

employee, the employee may be reinstated to the employee’s former

position, or an equivalent or lower position with full seniority rights (as

though the employee had continued to work in a position under the

Agreement) in the Department of the Company in which the employee

was formerly employed provided the employee is still physically and

mentally qualified, has the skill and qualifications to perform the work

required, and has higher seniority than the junior person in the

classification at the employee’s work location.

An employee choosing to return to a bargaining unit position with in the

six (6) month period, shall do so in a manner which does not initiate a

roll or displacement of existing employees. The employee in question

shall be absorbed into the compliment until normal attrition creates a

reduction to the workforce. In an unusual circumstance, where an

extreme condition may be created, the parties shall address a condition

which would otherwise create overstaffing in any area.

Failure of the promoted employee to provide the Company with written

notice of the employee’s intent to return to the Bargaining Unit within

the first six (6) months following the employee’s promotion as described

above, will result in these employees forfeiting any and all opportunities

to re-enter the Bargaining Unit through rolling. If re-entering, per the

provisions of Paragraph 20 (y) of the Memorandum of Agreement, the

employee shall return with no Bargaining Unit seniority. During the

period of such promotion or assignment, the employee shall not have a

right to bid on jobs covered by this agreement. Retirement may be

effected upon request of either the employee or the Company.

Master 51

All employees covered by this Agreement shall keep their working

headquarters informed at all times of their home or living quarters

address, and telephone number, so that they may be reached promptly in

the event of an emergency requiring their services.

(a) This Agreement, as amended, when signed by the Company and the

Union and approved by the International President of the Union and the

President of the Company, shall become effective upon ratification

unless specifically noted in the proposal voted on and ratified by the

membership.

(b) This Agreement shall remain in effect through October 31, 2004. It

shall continue in full force and effect from year to year thereafter from

October 31, 2004, through October 31 of each year thereafter, unless

changed or terminated in the way later provided herein.

(c) Wage rates set forth in Exhibit "A" attached hereto become effective

as indicated therein.

Either party may request changes in this Agreement or may terminate

this Agreement on October 31, 2004, or on any October 31 anniversary

date thereafter by notifying the other at least sixty (60) days prior to

October 31, 2004,or October 31 of any year thereafter.

(a) This Agreement shall be subject to amendments at any time by

mutual consent of the parties hereto. Such amendment shall be reduced

to writing, state the effective date of the amendment, be executed in the

same manner as this Agreement, and be approved by the International

President of the Union and the President of the Company.

(b) In the event the Company reorganizes so that one or more of the

Business Units (e.g. Power Generation, Power Delivery, Nuclear, or

Master 52

Distribution) become separate affiliated companies, the Union, upon

request by the Company, will endeavor to negotiate a separate labor

agreement or agreements for the new company or companies. Further,

upon the Company’s request, the Union agrees to reopen the existing

agreement if retail competition legislation is enacted.

(a) During the process of negotiations, resulting in this agreement, the

parties entered into the review of all Memorandums of Understandings,

Letters of Intents, and Stipulations of Agreements known to exist as a

record or documentation of a condition between the parties. As a result

of this endeavor, the collective bargaining agreement, or Memorandum

of Agreement (MOA), was amended to reflect those conditions within

the body of the MOA either by incorporating the agreement as a whole

or by incorporating language to create the exact condition. It is

understood and agreed between the parties that these documents are to

become a matter of record and may be referred to by either party to

clarify any issues or disputes that may arise. The parties recognize the

necessity of the continuation of the process to document agreements

reached which address specific concerns, issues or contract interpretation

which otherwise may create disharmony either in the relationship

between the Company and the Union, or to the delivery of services which

the Company provides to its customers.

Upon the effective date of this agreement and there after, these

agreements will be created according to the following process:

1. The agreement will identify the date of signing, d ate of

implementation, and, if applicable, the date upon which it sunsets.

2. The agreement will specifically identify the relevant Business Unit,

work site or location, group or segment of the workforce to which it

pertains.

3. The agreement shall contain a brief explanation of the purpose and

intent of the conditions it sets forth, as well as the relevant paragraph

to which it pertains.

Master 53

4. The agreement shall be signed by the Director of Labor Relations

and the Business Manager of System Council U-4, and shall be

assigned a number as reference and upon expiration be retained as a

matter of record or be incorporated as contract language during the

negotiation process.

(b) Local Agreements may extend particular benefits to address a unique

local condition or circumstance, however, an agreement developed at the

local level shall not at any time, supercede nor modify the MOA in any case.

1. The agreement shall be submitted to the Director of Labor Relations

of the Company and the Business Manager of System Council U-4

for identification prior to implementation.

2. Steward and Supervisor settlements shall remain as provided in

Paragraph 14.

(c) The process of identification applied to all agreements in accordance

to this provision, shall be created to provide the development of a system

of identification for future reference. The reference system shall provide

for document recall by issue, business unit or date. Once established, the

Union shall be provided with access to this record resource .

The Company shall meet annually with the Union, at which time it shall

provide the Union with copies of all 5500 forms it has filed, actuarial

evaluations of the Pension Plan, claims experience of claims paid under

the Life, Health, and Dental Insurance Plans, and other reasonable

information which the Union shall request, and shall explain and discuss

all items provided with the Union.

The Life Insurance, Hospitalization Insurance, Dental Insurance, Legal

Plan, Thrift Plan, Pension Plans and Retirement Savings Plan for all

active bargaining unit employees are subject to negotiations. The

continued existence of this Plan, however, is contingent on continued

approval by all State and Federal agencies. It is agreed that the

Hospitalization Insurance Plan and Dental Insurance Plan are subject to

periodic review and revision at interim periods for the duration of this

Agreement. The Company and the Union further agree that premiums

will be adjusted based on reports and recommendations of the

Master 54

Company’s and the Union’s actuaries after they have reviewed the

premium and claim experience.

Bargaining unit employees are directed to the Bargaining Unit

Employees Benefit Handbook for more comprehensive information in

regard to benefit levels and conditions. This provision hereby

incorporates the Bargaining Unit Employees Benefit Handbook as part

of this agreement. It is understood that such incorporated language is

strictly limited to the mandatory conditions of the collective bargaining

process that has been negotiated with the Union.

(a) Any part of this Agreement that may be construed by proper authority

or by mutual agreement to be in conflict with any mandatory State or

Federal Laws or Executive Orders, then such part shall be suspended and

the appropriate mandatory provision of the State or Federal Laws or

Executive Order shall prevail.

(b) If the amendment known as the "Right to Work" amendment of the

Florida Constitution is held by the United States Supreme Court as being

not applicable to the Maintenance of Membership provisions of this

Agreement, then this Agreement shall be automatically amended by the

elimination of Article III as written above and the putting in its place of

Article III of the now terminated April 29,1946,Agreement between the

Company and the Union as originally written.

The terms and conditions of this Agreement are applicable to all

employees covered here under without regard to race, age, color,

religion, sex, national origin, disability, or because an individual is a

disabled veteran or a veteran of the Vietnam Era.

Whenever a word, title, or term (e.g. "the employee’s", etc.) is used in

the Agreement, it shall be construed to include both persons of male and

female gender.

Master 55

IN WITNESS WHEREOF, the parties hereto have set their hands and

seals this xx day of xxxxx 2001.

Florida Power & Light Company

By: _____________________________________

J.L Martinez,Director Labor Relations

 

Attest: _____________________________________

D.P. Coyle, General Counsel & Secretary

 

Approved: _____________________________________

L.J. Kelleher, Senior Vice President

 

The International Brotherhood of Electrical Workers, System Council

U-4 by Negotiating Committee:

____________________________

B.K. Thompson, Chairman

____________________________

G.S. Skillas, Member

__________________________

T.L. Kammer, Member

____________________________

W.M. Mixon, Member

____________________________

G.S. Forbes, Member

____________________________

M.G. Brooks, Member

APPROVED: _____________________________________

Edwin D. Hill, International President

Master 56

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Abbreviations suffixing classifications in Exhibit "A" indicate the

applicability of such classifications as follows:

LC - Lake City MC - MacClenny

ME – Miami ML - Melbourne

PL – Palatka SA - St. Augustine

SN – Sanford SR - Stuart

TI – Titusville SDM - So. Division Meters

Cutler Turkey Point

Fort Myers Lauderdale

Manatee Martin

Port Everglades Putnam

Riviera Sanford

Saint Lucie Cape Canaveral

Gas Turbine Power Park

Increase in pay shall be made in steps as indicated, at intervals of six (6)

months, up to the maximum rate within each classification.

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) See Power Systems supplemental.

Master 57

Note (1) See Nuclear supplemental.

Note (2) See Power Generation supplemental.

Note (3) Exhibit "A" Craft Workers on Boilers has been deleted.

New employees or employees promoted to a higher classification shall

be paid at the minimum rate of the classification to which they are

assigned or promoted unless their qualifications and previous experience

entitle them to a higher rate than the minimum, in which case they will

be paid such higher rate between the minimum and maximum as their

qualifications and experience entitle them, provided, however, that a

thirty (30) day trial period at the minimum rate within the classification

may be used to determine their qualifications and experience. When a

employee is promoted to a higher classification, except to the apprentice

classification, the employee will receive at least fifteen (.15¢) cents per

hour increase in pay, but not to exceed the maximum rate of such higher

classification.

When an employee is promoted to the apprentice classification, the

employee shall be placed in the rate range to which the employee’s

previous experience entitles him, however, the employee will not have

the employee’s pay reduced. If in not having the employee’s pay reduced

results in a higher rate range than the employee’s previous experience

entitles the employee, the employee will not receive the regular six (6)

months increases until the employee’s normal progressions, based on

credit for experience and time in the apprentice classification, entitles the

employee to progress higher in the apprentice rate range.

When an employee is temporarily relieving in a higher classification, the

employee will receive at least fifteen cents (.15¢) per hour increase in

pay, but not to exceed the maximum r ate of such higher classification.

Except as provided in Paragraph 48(h), promotions to higher

classifications can only be made as vacancies occur or as additional

employees are required in the higher classifications.

Master 58

The Company agrees, upon the written individual request of any

employee covered by this Agreement, who is a member of the Union and

until such authority is revoked in writing by such employee, to deduct

from the pay of such employee, such monthly dues as the employee shall

specify as payable to the Union.

Payroll deductions for Union dues can be increased by notification to the

Company of the Local Union’s decision to do so.

This notification must be through certified mail from the acting Local’s

Financial Secretary, and must arrive at the Company prior to the fifteenth

(15th) of the month, preceding the month in which the change is to take

effect. Deductions will be limited to two rates. "A" membership and

"BA" membership, per Local Union at any one time .

New authorization cards will be designed to accommodate this proposal.

These new cards must be signed by any employee wishing to continue

the automatic deduction of Union dues. Upon the effective date of the

new authorization cards, all previous authorizations for deductions of

Union dues will be automatically rescinded.

Scope: It is the intent of this provision to describe the conditions that

shall apply when an employee loses the ability to operate a motor

vehicle. This provision shall apply for either a medical purpose or a

motor vehicle violation. This provision shall not supercede, substitute

for, inhibit or restrict the Company’s policy and practice in regard to

Essential Job Functions. This provision makes no guarantee of benefit if

an employee may lose the driving privilege as a result of criminal

activity, including misdemeanor or felony charges and subsequent

litigation. It is the sole intent of this provision to address a situation

where the ability to operate a motor vehicle, and maintain a valid

operators license, is lost on a temporary basis of six (6) months or less.

Notification: An employee who, becomes aware that his/her driving

privilege has been revoked, shall notify their Supervisor in a written

Master 59

statement as soon as reasonably possible but no later than the employee’s

first day after reporting to work, following the loss of privilege. The

statement shall include the following:

Reason for such loss.

The effective date beginning the suspension of driving privilege.

The probable date that privilege will be restored, if known.

The employee shall include copies of any supporting
documentation, medical statements, Court records, etc.

Duties:

The employee shall continue to perform those duties and responsibilities,

other than driving Company vehicles, within their designated craft,

current location and will continue to receive their cur rent rate of pay. It

is not the intent to remove an employee from their classifications but

exceptions may occur when the majority of an employee’s duties are

driving. When deemed appropriate, the Company may require the

restricted employee to operate vehicles when not on a public

thoroughfare.

Overtime:

An employee shall remain on the overtime list but will not work callout

overtime unless all employees in the appropriate classification have been

called. The employee will be eligible for holdover and prearranged

overtime, including scheduled overtime with less than twelve (12) hours

notice, if the driving restriction is not applicable.

Safety:

The Safety of the employee and the Safety of those employees working

with and around that employee shall be a factor in the assignment of

duties.

Duration six (6) months or less:

If an employee has the driving privilege restored within the six (6)

month period and has been moved within the craft, the employee shall be

reinstated to their former classification.

Master 60

Duration six (6) months or more:

If at the end of the six (6) month period, an employee has not had the

driving privilege restored in accordance with the requirements of their

job, that employee may exercise one of the following options.

1. An employee shall be granted a leave of absence upon request,

for up to one (1) year, beginning with the expiration of the

original six (6) month retention period.

2. An employee may bid a classification where the requirement for

a license or a certain class of license is not a requirement at the

appropriate rate of pay and benefits applicable to the new

classification.

3. Or be assigned to a classification where the ability to operate a

vehicle is not a requirement. The employee will receive the

appropriate rate of pay and benefits applicable to the newly

assigned classification. In the process of assigning a position in

accordance with this provision, the Company will make an effort

to keep the employee in the original location if possible. If the

employee is unable to be placed in the original location the

Company will find a location in near proximity to the original

location.

4. If the employee is beyond six (6) months from date of

revocation of driving privilege and the employee has the license

restored, the employee shall be returned to the classification

held at the time the privilege was lost. The classification may

or may not be at the location at which the employee was

disqualified.

An employee who has exercised either option two (2) or three (3) above

may be allowed to relieve and work overtime in a relieving classification

requiring a CDL if the driving restriction is not applicable. All qualified

employees must be given the opportunity to relieve before the restricted

employee.

An employee who has a subsequent loss of driving privilege within three (3)

years from the date of first occurrence, other than for medical reasons, shall

be subject to steps one (1) through four (4) as if beyond the six (6) month

period.

Master 61

Master 62

a) In the event the company changes the policy or any portion

of it during the term of this agreement, the company shall

provide employees with notice of the changes, and a courtesy

copy to the Union, at least ten (10) days prior to implementation

of those changes.

b) Either the company or the Union may terminate this policy by

giving the other forty-five (45) days written notice.

Sixty days beyond the ratification of this agreement the Director of

Labor Relations and the Business Manager of SC U-4 shall each appoint

three (3) representatives to a committee to address contracted work in all

Master 63

business units. The committee shall establish a real and fair method of

providing System Council U-4 and FPL with the joint opportunity for

bargaining unit employees to perform work currently awarded to

contractors. The committee may call upon outside persons, FPL

management, and/or persons of expertise and those with procedural

knowledge to come before the committee and provide or clarify

information. There shall be no predetermined limitations on the type or

degree of recommendation to be explored or provided by this committee.

Either party may terminate the committee after a period of year one (1)

from the date of its inception with thirty (30) days notice.

Note (1) For Welding Program see Power Generation supplemental.

Note (2) For Subsequent To 1955 Negotiations Cleaning Policy In Class

"AA" Plants, see Nuclear and Power Generation supplements.

Note (3) For Letter of Intent (Training Schools outside the State of

Florida) see Nuclear, Power Generation , and Power Systems

Supplemental, paragraph 41.

Note (4) For Temporary Work Force Power Generation, see Power

Generation supplemental.

Note (5) For Miscellaneous Transmission Crews, see Power Systems

supplemental.

Note (6) For Transmission and Distribution , see Power Systems

supplemental.

Note (7) For Miscellaneous Assignments For Storm Training And

Restoration, see Power Systems supplemental.

Note (8) For Miscellaneous Welding of Aluminum Bus Structure; see

Nuclear and Power Generation supplements.

Note (9) For Direct Burial Systems see Power Systems supplemental.

Note (10) For Letter of Agreement (Gloving) see Power Systems

supplemental.

Note (11) For Amendment to Letter of Agreement (Gloving) see Power

Systems supplemental.

Master 64

Note (12) For Meter Electrician A and Meter Electrician B, see Power

Systems supplemental.

Note (13) For Nuclear Division Addendum, Nuclear Operations Career

Path, see Nuclear supplemental.

Note (14) For Temporary Employees (Nuclear Division) see Nuclear

supplemental.

Note (15) For Operators Standard Clothing-Nuclear Plants see Nuclear

supplemental.

Note (16) For Jr. Radiation Technologist Training Agreement see

Nuclear supplemental.

Note (17) For Instrument Control Specialist Digital Nuclear Training

Center, see Nuclear supplemental.

Note (18) For Instrument and Control Specialist and Instrument and

Control Specialist Digital assigned to Security Maintenance Turkey

Point Nuclear Plant, see Nuclear supplemental.

Note (19) For Nuclear Air Conditioning Work Agreement see Nuclear

supplemental.

Note (20) For Nuclear Division Composite Crew, see Nuclear

supplemental.

Note (21) For Nuclear Division Use of Tools by Nuclear Operators, see

Nuclear supplemental.

Master 65

MASTER AGREEMENT

"AA" Plants. 57

Abbreviations. 57

Absence, leave of. 7

Absence, notice of 40

Abuse, sick leave 5

Accident, compensation. 9

Accident, fault in connection with 41

Activities, Union 16

Addresses, employees 52

Agreement, made and entered into. 1

Amendment, by mutual agreement. 52

Apprentice Committee, Joint 45

Apprentices

- bidding out and returning to. 19

- Joint Apprenticeship Committee 46

- training program 45

Approval of Agreement 52

Arbitration. 34

Arbitration Board

- expenses. 35

- interpretation of wage schedules. 35

- method of selection. 34

- powers 35

- rotating panel 35

Area, subdividing of. 20

Award (arbitration), discharge for cause. 31

Bidding

- on posted jobs. 22

Bulletin Boards 16

Cessation of work 35

Changes in Agreement, request for. 52

Child care leave of absence 7

Clothing, protective 45

Coercion

- because of Union membership 16

- of employees into joining Union. 16

Communication with Foreperson 4

Company-Foreperson Relationship. 4

Compensation, accident. 9

Conflict with laws or regulations 55

Continuity

- of employment 18

- of service 18

- of work 5

Cooperation

- Union-Management 17

- with company 17

Co-op Students 2

Court Service. 15

Craft Worker

- rolling into apprentice classifications. 30

Death in family 5

Deductions (payroll), for Union dues. 59

Demotions

- disciplinary 21

- reduction of forces 26

Departmental seniority transfers

- "no qualified applicant" posting 25

Discharge

- break in seniority 18

- for cause 31

- refusal to work 35

Disclosure clause 54

Discrimination

- for nonmembership. 16

- because of union membership 16

Double Time

- continuous hours 44

Dues, payroll deductions of 59

Effective date 52

Efficiency 17

Emergency duty, recall from vacation. 13

Employees with special experience 2

Equal employment opportunity clause 55

Exhibit "A"

- increase in pay every six months to maximum 57

- new employees and promotions 58

- payroll deductions for Union dues 59

Expenses

- moving 20

Extensions

- injury leave 10

- sick leave 5

Foreperson-Company relationship 4

Grievances

- cessation of work, discharge if grievance procedure not followed. 35

- definition of 32

- discharge for cause 31

- fault in accident 41

- first step grievances, time limit for disposition 33

- general in nature 33

- procedure for handling 32

Headquarters

- subdivision of 21

Holidays

- off-schedule work on 38

- on day off 37

- recognized 37

- scheduled work on 38

- while on vacation 14

- work kept to minimum 40

Hours

- of continuous work 44

- worked, definition 48

Illness

- employee 5

- serious, in family 6

- while on vacation 14

Incidents, unfavorable 34

Injuries, employee 9

Interference, because of Union membership 16

Job Posting 21

Joint Apprenticeship Committee 46

Joint Safety Committee 41

Jury Duty 15

Layoffs

- bad weather 26

- break in seniority 18

- reduction of forces 26

- roll process 28

Leave of absence

- for Union office 49

- general 7

Local Joint Advisory Safety Committee 43

Loyalty and efficiency 17

Maintenance of membership provisions 31

- "Right to Work" amendment as affecting 55

Management in company 3

Meet, obligation to 1

Meetings, with Company representatives 36

Moving expenses 21

New employees

- joining Union 2

- probationary period 2

- seniority 18

Notices

- maintenance of membership 31

- official Union, use of bulletin boards 16

Offer of re-employment to laid-off employees 26

Pay

- for time spent in meetings 36

- increase every six months 57

- period 36

Personal business (leave of absence) 7

Plants

- Class "A" and Class "AA" 57

Posting, new jobs and vacancies 21

- protesting award of job 25

Promotions 58

Public address system 16

Re-employment, Union official 49

Recognition and representation 1

Reduction of forces 27

Refusal to work 35

Release for Union affairs 48

Relieving

- due to employee injury 10

"Right to Work" amendment 31

Rights of Management 3

Rolling rights

- as a result of grievance procedure 29

- Craft worker bidding apprentice job 27

- Craft worker rolling into apprentice classification 30

Safety 41

- Joint Safety Committee 41

Schedules of work

- variation necessary 36

Seniority

- determining seniority; business units 18

- commencement of 18

- definition of 18

- in subdividing headquarters 21

- job posting 23

- layoffs 27

- promotions outside the bargaining unit 50

- promotions to a higher classification 18

- termination of 18

- transfers 20

- vacations 13

Serious illness in Family 6

Sick leave 5

Solicitation of Union members 17

Stewards, number paid 36

Strike, prohibition against 5

Student Engineers 2

Subpoena, serving in court under 15

Sunday work, kept to minimum 40

Telephone, required by Company 40

Termination of Agreement 52

Time off

- for meetings 36

- for Union business 48

- voting 15

Training

- in higher classification 20

Transfers

- between headquarters 21

- of seniority between departments 20

- of work 21

Unfavorable incidents, records of 34

Union

- exclusive bargaining representative 1

- maintenance of membership in 31

Union - Management cooperation 17

Vacancies

- posted, discontinued 21

- qualifications for filling 18

Vacations 12

Voting, time off for 15

Weather, inclement

- layoffs due to 26

- rain gear and other protection 45

Work week, definition of 36