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 t