35. Schedules of Work

Ten (10) Hour Shifts

Twelve (12) Hour Shifts

35.1 Work on the Second Rest Day

37. Rotating and Training Shifts

38. Call Outs – Prearranged Overtime

41. Meals-Lodging-Transportation

Lodging – Transportation

Special Training Schools Outside State of Florida

44. Distribution of Overtime

Traveling Crew - Power Generation

48. Apprentices in All Departments

48.1 Plant Itinerant

50. Classification-Relieving or Substituting in Another

Exh "A" Hourly Wage Schedules, Power Generation

Exh "A" Notes

Exh "A" Fire Brigade Insurance, Power Generation

Exh "A" Shift Differential

Welding Program

Cleaning Policy in Class "AA" Plants

New Operations Clerk "A" Jobs in Power Plants

Temporary Workforce Power Generation

Welding of Aluminum Bus Structure

I&C Digital PGD

MT-3 Maintenance Refresher Training Program

PTF/PCU Pilot Program

Power Generation i

(a)(1) The regular schedule of non-shift employees in Power Generation Division will be five (5) consecutive days of eight (8) consecutive hours (exclusive of meal time) per week, between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday except as provided in subparagraphs (a)(6), (c) and (d).

(a)(2) The Company and the Union agree to establish Special Maintenance classifications to include mechanical, electrical, instrument and utility worker within Power Generation Division.

• Special Maintenance Employees may be scheduled to work eight (8) consecutive hours during any five (5) days per week provided those hours of work will coincide with the following established shifts:

7:30 a.m. to 3:30 p.m.

3:30 p.m. to 11:30 p.m.

11:30 p.m. to 7:30 a.m.

10:00 p.m. to 6:00 a.m.

• The Company agrees that rest days for Special Maintenance employees will be consecutive.

• It is agreed that schedules may be changed with twenty-four (24) hours advance notice; however, such changed schedules shall remain in effect for more than four (4) work days.

• It is agreed that Special Maintenance personnel, in Power Generation Business Unit, will be supervised by a Special Crew Maintenance Leader.

• Special Maintenance employees in the classifications of craft workers and below shall not exceed a one to two ratio to the corresponding regular and itinerant classifications of craft workers and below on the payroll for the department.

• In the event of a temporary absence within a Special Maintenance classifications the Company agrees to temporarily relieve only from the personnel within the Special Maintenance classifications.

• Temporary vacancies in Operator shift schedules will not be filled by Special Maintenance employees.

• Special Maintenance personnel will not be scheduled to work any two (2) straight time work days back to back; i.e. , sixteen (l6) continuous hours of work at the straight time rate.

• All Special Maintenance classifications in the Production Department shall receive fifty cents (.50) per hour in addition to their regular hourly rate.

• For the purpose of overtime meals only, employees regularly assigned to a Special Crew will be considered as shift workers.

• When Special Maintenance Crews are posted, the initial regularly scheduled hours and work day will be included on the job posting. When a vacancy occurs at a location where there are more than one of the above mentioned crews, Special Crew employees at that work headquarters (except employees who possess special skills or qualifications as the company deems necessary) will be offered the opportunity to fill the vacancy in order of seniority. The remaining open shift will be posted.

A schedule of ten (10) hour work periods scheduled four (4) days per week may be implemented for non-shift personnel in PGD. The (4) four days schedule will be inclusive of the employee’s regular five (5) day work week. This schedule will be implemented as deemed necessary by the Company with at least three (3) days notice and the company reserves its right to change such schedule consistent with the terms and conditions of the Memorandum of Agreement. During the start-up phase of new and re-powered power plants, this schedule may apply to all employees at the site and may include either Saturday or a Sunday as part of their normal shift. Start-up phase is defined as beginning with the initial staffing of plant personnel and continuing until the units are declared "Commercial."

Vacations shall be taken consistent with Paragraph 8 of the Memorandum of Agreement, except that vacation shall be considered by hours and charged accordingly (e.g, an employee scheduled for ten (10) hour work period would be charged ten (10) hours vacation).

In a week with a holiday, employees on a ten (10) hour, four (4) day schedule may be rescheduled to an eight (8) hour, five (5)day work week or the holiday will be taken the same as vacation. The employee receives eight (8) hours holiday pay and can elect to use two (2) hours vacation or two (2) hours "employee request" (not paid). A floating holiday will be taken the same as vacation, the employee receives eight (8) hours holiday pay and can elect to use two (2) hours vacation or two (2) hours "employee request"(not paid).

To such extent the employee shall be paid the employee’s salary for each regular scheduled workday lost up to eight (8) hours, ( four (4) day ten (10) hour schedule shall be paid ten (10) hours) because of such bona fide illness. Pay for bona fide illness shall not be cumulative and no employee shall receive sick leave pay for more than forty (40) hours in any one (1) week.

The provisions of Paragraph 9 shall apply relative to time off to perform jury duty except that " eight (8)"shall be replaced by "ten(10)."

If an employee has not previously earned a meal, a meal will be earned after eleven (11) consecutive hours following their starting time and additional meals at five (5) hours interval thereafter, if they continue to work. All other meals paid will be in accordance with paragraph 41 of the Memorandum of Agreement.

The following changes are required to assure a cost-effective implementation of a twelve (12) hour shift schedule. This schedule will be offered at those locations selected by the Company. Seventy-five percent (75%) of the Bargaining Unit employees affected by the schedule change must vote in favor of the twelve (12) hour shift in order for implementation at that location. At such time, the employees will select the hours of work (i.e., 6-6, 7-7, 8-8). Voting will be administered by the Chief Job Steward and the Supervisor at the affected location. The Company and Union will review this process each year to improve its effectiveness and either party may terminate the agreement at the end of the term of the contract period.

Once a twelve (12) hour shift has been voted into a work location, it will remain in effect for a minimum of one (1) year. After that the Bargaining Unit employees can petition for a vote with the signatures of 80% of the Bargaining Unit employees affected. The vote would be administered the same as above.

Vacations shall be taken consistent with Paragraph 8 of the Memorandum of Agreement, except that vacation shall be considered by hours and charged accordingly (e.g, an employee scheduled for a twelve (12) hour work period would be charged twelve (12) hours vacation). Shift employees in the Power Generation Business Unit working twelve (12) hour shifts may carry a portion of this vacation into December to offset any time lost due to holidays and unused vacation set aside and not used will be carried over to the next year.

Holiday Worked:

• Employee receives eight (8) hours of holiday pay plus twelve (12) hours at one and one-half (1 1/2) times the employee’s normal hourly rate.

• Employee scheduled off or employee requests to be scheduled off (Company grants request).

• Employee receives eight (8) hours of holiday pay, employee is allowed to choose vacation or "employee request" (unpaid) for the difference between the employee’s normal schedule hours and the eight (8) hours holiday pay.

As per Paragraph 36, all off-scheduled hours worked on days the employee observes as a holiday shall be paid for at double time. When an employee has more than four (4) consecutive days off, and the holiday falls on one of these days off, the closest scheduled work day will be observed as the holiday. The holiday will be observed on the last scheduled workday if the holiday falls in the middle day of an odd number of days off. Holiday pay may be taken as additional hours of vacation the following year at the employee’s request.

Employee Illness – Death in Family – Serious Illness in Family:

Employee illness-death in family shall be taken consistent with Paragraph 6 of the Memorandum of Agreement except that sick leave shall be considered by hours and charged accordingly (e.g., an eligible employee who is absent due to a bona fide illness who is regularly scheduled to work twelve (12) hours, will be charged twelve (12) hours sick leave).

The provisions of Paragraph 9 shall apply relative to time off to perform jury duty except that "eight (8)" shall be replaced by "twelve (12)".

(b) The regular schedule hours of work for operating employees will consist of seven (7) workdays in a normal two-week pay period. Three (3) workdays will be scheduled in one week with four (4) workdays in the other. The maximum normal schedule length will be twelve (12) hours. A minimum of eighty (80) total equivalent straight time hours will be scheduled in any pay period. Regular schedules may be changed upon twenty-four (24) hours advanced notice. Sunday and holiday work may be regularly scheduled.

(e) In connection with the overtime hours provisions of subparagraphs (a), (b) and (c) of this paragraph, all overtime hours worked will be paid for and no employees shall be required to take time off to offset overtime hours worked. The following hours of labor shall be deemed to be overtime hours:

(1) All hours worked over thirty-six (36) hours in a three day work week.

(2) All hours worked over forty (40) hours in a four-day workweek. Sick leave, vacation, and holiday hours will not be considered as hours worked for overtime purposes.

(3) All hours worked outside regular schedule in any one (1) work day.

(4) All hours worked on the employee’s rest days.

For the purpose of training and other special needs, employees may occasionally be rescheduled to work five (5) consecutive days of eight (8) consecutive hours (exclusive of meal time) per week between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday.

It is understood that twelve hour shift schedules we re negotiated to provide the employees that elected to work them with a minimum of eighty and one half (80 1/2) equivalent straight time hours in any two week pay period. The anticipated schedule was thirty-six (36) hours in the first week and Forty-three (43) hours in the second week. This schedule would provide eighty and one half (80 1/2) equivalent straight time hours.

This schedule, however, will cause unanticipated administrative problems when an employee is required to miss some time on the second week due to such things as holidays, jury duty, employee illness, etc. In order to avoid these administrative problems the company will agree to schedule at least forty-four (44) hours the second week, and are on overtime, may be released after seven (7) hours if not needed. It is expected that the Production Leader will adjust the schedule each pay period to balance the overtime on his/her shift.

If an employee has not previously earned a meal, a meal will be earned after twelve and one-half (12 1/2) consecutive hours following their starting time (holdover of 1/2 hour) and additional meals at five (5) hour intervals thereafter if the employee continues to work. All other meals will be in accordance with paragraph 41 of the Memorandum of agreement.

Regarding the impact of 12-hour shifts on the Thrift Plan contribution, the Company’s intent is to consider 80 hours worked per pay period as eligible for Thrift Company contributions. For the first week of the pay period, the 36 hours worked are eligible for thrift Company contributions. For the second week of the same period, 44 hours of the 48 hours worked are eligible for Thrift Company contributions.

In order to accommodate employees, who work a 12-hour shift, it is incumbent upon those employees to record the hours worked correctly on the time report to capture the full 80 hours as "thriftable" income.

(b)(1) The regular schedule of operating employees in Power Plants and all departments regularly scheduled to work in shifts (either overlapping shifts, two-shift or three-shift operation) will be five (5) days of eight (8) consecutive hours per week provided, however, that the regular schedules may be changed upon twenty-four (24) hours advance notice. The schedule of any shift individual will not be changed more than one time during the scheduled workweek without mutual agreement between the employee and the employee’s supervisor. Sunday and holiday work may be regularly scheduled, however, whenever possible, rest days shall be consecutive. It is further agreed that during periods when units are "off-line" and not needed to meet system load requirements that operators on shift may perform maintenance as directed by the Production Leader.

(b)(2) During the initial start-up of a unit(s), operators may be assigned to a schedule of eight (8) consecutive hours,(exclusive of mealtime),per day until such time that a two (2) or three (3) shift operation schedule is established on that unit.

(b)(3) Except as provided in Paragraph 35(c), Operators or Utility Worker when scheduled on maintenance and reassigned without notice to operations during the day shift will retain the same quitting time as maintenance employees and will be paid at the overtime rate for any time worked outside the work schedule for maintenance employees. Operators, when scheduled to work on the day shift in operations and are reassigned without notice to work in maintenance will be paid at the overtime rate for hours worked outside the work schedule for operating employees on the day shift.

(c) For prearranged repair or maintenance jobs, or emergency repairs or maintenance jobs, employees may be rescheduled per the following provisions:

When one or more units are scheduled under either Paragraph 35(c)(1) or 35(c)(2),they may be defined on one posting. This posting will define the work to be performed, the employee’s hours and days of work, and under which subparagraph of Paragraph 35(c) the work is being scheduled. Employees under this condition will be allowed to work on any of the posted units on their posted schedule.

Where only one unit is posted under either Paragraph 35(c)(1) or 35(c)(2) and subsequently a new unit(s) requires work to be performed under either Paragraph 35(c)(1) or 35(c)(2), a new schedule will be posted. This posting will define the scope of work, the hours and days of work, and under which subparagraph of Paragraph 35(c) the work is being performed.

The overtime list will be used to make assignments unless the entire classification is being assigned equivalent hours, or no overtime work is planned. Such rescheduled employees may be assigned to any shift needed, and will be paid the equivalent of the operator’s shift differential. All hours worked for the next twenty-four (24) hours following a change in schedules, where the twenty-four (24) hours notice was not given, shall be paid for at one and one-half (1-1/2) times the regular straight-time hourly rate until the expiration of the twenty-four (24) hours notice. Such rescheduled employees will be paid at their respective overtime rates plus appropriate shift differential for any work done on their respective normal days off.

(c)(1) Employees may be rescheduled to work on two (2) or three (3) shifts per day basis (by giving at least twenty-four (24) hours’ prior notice) to handle jobs which will require more than four (4) days for completion on a rush basis. For the purpose of this paragraph, "rush basis" means the work will be scheduled at least six (6) days per week.

(c)(2) Employees may be rescheduled to work on two (2) or three (3) shifts per day basis (by giving at least twenty-four (24) hours prior notice) for a minimum period of two (2) days and a maximum of four (4) days. An individual will not be required to work an assignment of this type more than one time during a pay period.

(d) A Watch Person may be assigned such schedules as work and duties may require and will be paid overtime for hours worked in excess of forty (40) hours per week.

(e) In connection with the overtime hours provisions of subparagraphs (a), (b) and (c) of this paragraph, all overtime hours worked will be paid for and no employees shall be required to take time off to offset overtime hours worked. The following hours of labor shall be deemed to be overtime hours:

(1) All hours over forty (40) per work week.

(2) All off schedule work.

Overtime hours will be paid, except as otherwise provided for herein, at one and one-half (1-1/2) times the regular straight-time hourly rate. There shall be no compounding of overtime or premium pay; namely, duplication of premium or overtime payment.

(f) For planned work involving overtime in PGD, schedules for non-shift employees shall be considered changed when both the starting and stopping times are changed for two (2) consecutive days or more regardless of the number of hours worked per day. In these cases, the first eight (8) hours within the period 7:00 a.m. to 6:00 p.m. shall be the regular schedule.

(g) It is further agreed that from time to time employees regularly assigned to a schedule outside the hours of 7:00 a.m. to 6:00 p.m. may be re scheduled for the Company Orientation Program, Apprentice Instructor Meetings, Switching Schools, or other occasions that must be mutually agreed upon between the Company and Union prior to any rescheduling. Such employee will be rescheduled to a workweek as follows:

• Saturday and Sunday off, and Monday through Friday on the regular day schedule for the period of the meeting.

• Such rescheduled employee will assume the same hours as is determined by the day schedule (this may include time out for meals) and remain on the day schedule for a minimum of five (5) days or multiples thereof unless by mutual agreement between the employee and the employee’s supervisor, the employee is reassigned to the employee’s previous schedule.

(a) Nothing in this Agreement shall be construed as requiring the Company to work an employee on both of the employee’s rest days.

(b) When an employee is required to work on any two (2) consecutive rest days, all hours worked on the second rest day and any rest day thereafter shall be paid for at double the straight-time hourly rate until such time that the employee has either observed a rest day off or works back into the employee’s normal schedule.

Where the nature of the service requires scheduled shifts, such shifts shall be arranged so that each shift shall be rotated among all employees as regularly and evenly as is reasonably possible. Employees will, upon request, be permitted to trade shifts temporarily from time to time, if they so desire, provided that such temporary interchange does not lead to the payment of overtime.

(a) When an employee is required to report for work at a time other than the employee’s regular work schedule, it shall be considered:

(1) a call-out if the employee has less than twelve (12) hours’ notice, or

(2) prearranged overtime if the employee has twelve (12) hours’ or more notice.

(b) On a call-out, the employee shall be allowed actual time required for traveling from the employee’s home to the job and return, plus a minimum of three (3) hours as time actually worked, except that if the employee is called out before the employee’s regular starting time and works through the employee’s regular work period, then only time actually worked shall be allowed.

(c) In the case of prearranged overtime, the employee shall receive a minimum of four (4) hours as hours worked (except in the case of meetings, two (2) hours), except if the employee is required to report before the employee’s regular starting time and works through the employee’s regular work period or is required to continue after the employee’s regular quitting time, then only time actually worked or spent in meetings shall be allowed. If an employee who has been prearranged to work overtime other than holdover overtime is given less than seven (7) hours’ notice prior to the starting time of the overtime that the employee is not to report, the employee will receive two (2) hours’ pay at one and one-half (1-1/2) times the employee’s straight-time hourly rate. If an employee who has no telephone is notified of a cancellation less than seven (7) hours prior to the starting time of the overtime, the employee will receive one (1) hour’s pay at one and one-half (1-1/2) times the employee’s straight-time hourly rate. For purposes of this subparagraph, if an employee has a pending application for a phone, or if the employee has listed with the company a phone number where the employee may be contacted, the employee shall be considered as if the employee has a telephone.

(d) On call-outs and prearranged overtime an employee designated to temporarily relieve or substitute in a higher classification shall be paid at the r ate of such higher classification for the time that the employee is actually relieving or substituting in such higher classification.

(e) Any employee called out before the employee has had eight (8) consecutive hours off duty since the end of the employee’s last scheduled work period will be paid at the overtime rate for all hours worked thereafter until the employee has had eight (8) consecutive hours off duty. Any employee called out nine and one-half (9-1/2) hours or more before the employee’s next regular scheduled starting time after the employee has been scheduled off a day or more will continue to be paid at the overtime rate until the employee has had eight (8) consecutive hours off duty. However, in either instance the Company will give eight (8) hours off duty at its discretion at the completion of the work and if the eight (8) hours off duty falls within or overlaps into the employee’s next 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. Any employee continuing to work beyond the employee’s regular scheduled work period will be paid at the overtime rate for all hours worked thereafter until the employee has had eight (8) consecutive hours off duty. Upon completion of the work, the employee shall have eight (8) consecutive hours off duty and if such eight (8) hours off duty falls within or overlaps into the employee’s next 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.

The Company will pay an employee a flat rate for each meal earned, to be included in the employee’s paycheck under the following conditions, unless the Company provides satisfactory meals. The flat rate for meals will be $11.00.

When employees are entitled to mileage reimbursement, the prevailing IRS Mileage rate shall be used.

(a) Call-Out: If an employee is called out to work one and one-half (1-1/2) hours or more before their regular starting time, they will earn a meal upon starting work and at five (5) hour intervals there after, if they continue to work.

(b) Pre-Arranged: Regularly scheduled work day: If an employee is pre-arranged to begin work one and one-half (1-1/2) hours or more before their regular starting time, they will earn a meal five (5) hours after beginning work and at five (5) hour intervals there after, if they continue to work.

(c) Pre-Arranged: Rest day or holiday: If an employee is pre-arranged to work on a scheduled day off and they begin work one and one-half (1-1/2) hours or more before or after their starting time on their last regular scheduled workday, they will earn a meal five (5) hours after beginning work and at five (5) hour intervals there after, if they continue to work.

(d) Extended Hours: If an employee has not previously earned a meal, they will earn a meal after ten (10) consecutive hours following their starting time and additional meals at five (5) hour intervals there after, if they continue to work.

Note (1) See Ten (10) Hour Shift.

Note (2) See Twelve (12) Hour Shift.

(e) For pre-arranged overtime, employees will be expected to bring necessary provisions for the duration of the scheduled work up to twelve (12) hours.

(f) When an employee is temporarily assigned to work away from the employee’s regular headquarters and is required to be away overnight. This includes the noon meal on the first day away from headquarters. This does not include the noon meal when the employee is not required to be away from headquarters overnight.

(g) The Company will not pay an employee for time out for meals, with the exception of approved instances, where a non-shift employee is engaged in rush work, and with the exception of shift employees whose duties require them to eat while performing their work.

(h) The Company will pay reason able expenses for satisfactory lodging to an employee who is temporarily assigned work away from the employee’s regular headquarters and who is required to be away overnight.

(h)(1) When an employee works temporarily at some location (more than sixty-five (65) miles) other than the employee’s regular headquarters, travel from regular headquarters to new headquarters and return shall be on Company time and expense.

The employee, while traveling on consecutive assignments will be traveled to their regular headquarters prior to the next assignment if the employee has or will be away from his/her regular headquarters six (6) weeks or more from the scheduled completion date of the next assignment. This will in no way affect the employee’s eligibility for assignment.

(h)(2) The Company will furnish the employee a listing of preferred area hotels, with phone numbers, prior to the assignment. Travel expenses will be reimbursed using one of the following options. It is understood Option 1 is the usual level of benefit.

The employee during unusual circumstances may use Option 2, if the usual room rate availability is not accessible or changes during the assignment for any reason. The employee must notify the Company prior to exercising Option 2.

If less than twenty-four (24) hours notice is given for the travel assignment, at the employee’s request the Company will furnish lodging for the first night of the assignment:

OPTION 1: Provide a per diem rate of $95.00 ($100.00 in 2007; $105.00 in 2008) (north region, PCC, PPN, PSN), $95.00 ($100.00 in 2007; $105.00 in 2008) (west region, PMT, PFM), $110.00 ($115.00 in 2007; $120.00 in 2008) from December 15 through May 31 and $95.00 ($100.00 in 2007; $105.00 in 2008) from June 1 through December 14 (south region, PSL, PMR, PRV, PPE, PFL, PCU, PTF, PTN) when the assignment is in effect for every day the employee is on temporary assignment. This per diem will cover meals, lodging and incidentals including laundry, phone calls, etc.

OPTION 2: The Company will reimburse reasonable lodging expenses, as validated by receipt, plus forty three $43.00 per day for meals and incidentals in lieu of the per diem rates as set forth in Option 1.

(h)(3) When an employee works more than sixty-five (65) miles from the employee’s regular headquarters, shall upon request, and upon the completion of the employee’s scheduled week, be returned to the employee’s regular headquarters on Company time and expense, unless assigned at least eight (8) hours’ work on the employee’s first day off.

(i) When an employee works temporarily at a location within sixty-five (65) miles of the regular work headquarters the Company will:

• Provide for mileage each day during the assignment. Provide for travel time to the temporary location the first day of the assignment and return on the last day of the assignment. This will be in lieu of the mileage premium below for these days.

• Meals paid only as earned under the meal provision of the Memorandum of Agreement.

• Fifteen dollars ($15) per day will be paid for assignments over fifty (50) miles up to sixty-five (65) miles.

• Travel between PFM,PMT, and the travel between PPN, PSN, and PCC will be in accordance with this provision as if the locations were within sixty five (65) miles of each other, with the appropriate mileage paid. Twenty dollars ($20) per day will be paid for these assignments over sixty-five (65) miles. This payment is in lieu of the fifteen dollars ($15) dollars mentioned above.

Travel of classifications to PTF and PCU between the two locations will be done in the following manner:

• Travel time the first and last day of the assignment if notified prior to the end of the shift the preceding day.

• Travel time both ways the first day of the assignment when proper notice is not given and then travel time one way the second day and the last day of the assignment.

• Provide mileage for each day of the assignment.

• Assignments involving overtime will be determined by the overtime list.

• Assignments offered by seniority and qualifications if relieving into a higher classification is necessary.

• Assignments involving clearances or 3 or more personnel will have a Maintenance Leader assigned or designate the senior qualified employee to temporary relieve Maintenance Leader.

• All personnel permanently assigned to PCU will stay on the PCU overtime list unless modified as per paragraph 44.

It is agreed that if all itinerants within a region are being utilized, base non-shift employees may be traveled within a region for emergency work. No assignments shall be for more than five (5) days. Assignments will be made using only volunteers by their ranking on the plant overtime list. All hours worked for the next twenty four (24) hours following a change in schedules, where the twenty four (24) hour notice was not given shall be paid for at one and one half (1-1/2) times the regular straight time hourly rate until the expiration of the twenty four (24) hour notice. If the five (5) day limit for the assignment is violated the employee shall receive travel time each way for each day of the assignment, but in no case shall an assignment last for more than seven (7) consecutive days. This provision does not limit the Company’s ability to travel base non-shift employees when all itinerants in the system are utilized.

(j) When an employee is required to work other than regularly scheduled hours after midnight, when regular means of transportation are not available, the Company will furnish transportation to the employee’s home if the employee so desires.

(k) Employees will not be forced to travel if the employee or the employee’s spouse is pregnant and the assignment date is within one month of the expected birth date (either before or after). It will be the responsibility of the employee to furnish the Company with documentation of the expected date of birth, as determined by a physician.

Bargaining unit personnel attending special training schools, outside the State of Florida.

(1) Employee will be expected to make satisfactory progress in the course, utilizing regular working hours.

(2) Employees will be expected to remain at the study location for the duration of the assignment. Weekend trips to home locations will be at employee’s expense. For extended schooling (six (6) weeks or longer) the person will be allowed one (1) trip home, paid for by the Company, in midterm.

(3) Rental cars will be provided as required. Four (4) employees will be assigned to each car, if schedules permit. A weekly mileage limit will be permitted, not to exceed two hundred fifty (250) miles per week. Mileage expense in excess of this limit will be the responsibility of the employee. Should this mileage limit prove to be inequitable due to location, the Director of Labor Relations and the Business Manager shall meet to review and resolve such inequity.

(4) Air fare (tourist) will be provided to and from school. Up to one (1) eight (8) hour straight-time day of travel will be permitted to and from school. The Company will not authorize or reimburse an employee for the use of personal automobiles in attending schools away from home areas.

(5) The Company will pay lodging expenses.

(6) The Company will pay a fixed per diem allowance, which includes all subsistence (meals, phone, laundry, etc.). The allowance will be forty three ($43) a day.

(7) The Company will have the right to change a person’s schedule with less than twenty-four (24) hours’ notice to obtain optimum benefit from training. This would be done only as necessary.

(a) Separate overtime lists will be established in PGD for the following classifications for each work location:

• Production Leader

• Production Technicians, Production Specialist, and Shift Technicians

• Maintenance Leaders

• Maintenance Technicians, including ICS digital

• Itinerant Maintenance Leader including Specials

• Itinerant Maintenance Technicians including Specials

• Crew Leaders

• Maintenance Workers

• Maintenance Assistant

• Utility Workers

Overtime will be distributed equally by classification in each regular working headquarters to the best ability of the Supervisor in charge, using the biweekly posted overtime list as a guide for such distribution. Overtime assignments identified, as "maintenance" will use the Non-shift overtime lists to call out or assign work as needed. Overtime assignments identified, as "Production" will use the shift overtime list first. If not enough personnel are obtained using either applicable list, then the base plant personnel on the other list will be asked, followed by the itinerant personnel. Personnel on the "first list" will be responsible for the identified overtime and will be assigned first if enough people cannot be obtained using the other lists. Personnel from any list must be available and qualified to be eligible for any overtime assignment.

Overtime records at each regular headquarters shall be reviewed every four (4) weeks by the Supervisor and the Job Steward to determine whether all overtime assignments during the period were made in accordance with the terms of the Agreement. If the Supervisor and the Steward agree that all overtime assignments in the period were made in accordance with the terms of the Agreement, they shall sign the overtime record as being correct. A matter concerning an overtime assignment may become a grievance only after the review and providing it is reduced to writing and taken up with the Supervisor within four (4) weeks after such review.

If at any time it is determined that an overtime assignment was not made in accordance with the terms of this Agreement, the remedy shall be makeup overtime work which would not ordinarily be performed on overtime, to take place within thirty (30) days of such determination. Failure to provide such work after such determination shall subject the Company to payment.

The Company will have no obligation to provide makeup overtime work to any employee as a result of the call-out, with less than one (1) hour’s notice, or holdover of another employee. The Company shall have no obligation to provide makeup overtime work as a result of an assignment to an employee who was not the low overtime available employee in the employee’s classification, if at the end of the review period the employee claiming the overtime is the high employee in the classification or is within ten (10) hours or ten (10) percent (whichever is higher) of the high overtime employee in the classification.

For the purpose of distribution of overtime the Machinist and Mechanic classifications shall be considered as one. At a location where Special Maintenance classifications are employed, the Special Maintenance classification and its corresponding regular classification will be considered as one (1) classification.

All Special Crew employees in PGD may be called out if the call out occurs within two (2) hours of their regular starting time. This agreement will not effect the current manner in which employees are required to work overtime.

(b) In compiling the biweekly posted overtime list, the following conditions will be adhered to:

(1) Overtime list will be made up of only employees who wish to be on it. Employees who are not on the list will be considered to have one hour more overtime than the high overtime employee in each classification. All overtime hours worked by the employee in the employee’s own classification, or while relieving or working in another classification, or while working at another location, will be included in totals shown on the above posted list, except as provided in Memorandum of Agreement 48.1(b) "Itinerant Crews" and Memorandum of Understanding Paragraph 4 "Assignment of Plant Maintenance Personnel". Employees who submit a memo to supervision expressing a desire to relieve on overtime in classifications they are qualified to work, will be considered by seniority for relieving on overtime in these classifications, whether they are on the overtime list or not. Employees may elect off the overtime list at the end of a pay period. An employee who makes such election will be dropped from the overtime list for the next six (6) pay periods.

(2) When an employee changes the employee’s regular headquarters or enters a new classification, and wishes to be on the overtime list, the employee will be placed on the overtime list at the average overtime of the classification. Employees who have elected not to be on the overtime list and wish to be may notify supervision, by memo. These employees will be placed at one hour above the employee with the greatest number of overtime hours on the overtime list in their classification according to the time limits specified in the foregoing Subsection (b)(1). When an employee relieves outside the bargaining unit, and returns, the employee will be placed at one hour above the employee with the greatest number of overtime hours on the overtime list in their classification.

(3) If an employee refuses overtime which the Company gets someone else to perform, the overtime will be charged against the employee who refused. For call-out overtime, the employee shall be charged if they do not have a telephone. If the employee’s phone is answered and such employee fails to work the overtime assignment, they shall be charged the overtime hours. If however, the employee responds within one (1) hour expressing a desire to work, they will not be charged if the assignment has been filled. The Company agrees that in the event all the personnel in a classification at the headquarters are requested to work overtime, those employees in that classification refusing will be charged for the overtime worked unless they are sick or on excused absence. Overtime will not be charged against apprentices who turn down overtime to attend apprentice-training classes.

(4) If an employee is sick, or on vacation, or on excused absence, and is offered overtime but refuses it, the employee will not be charged for the overtime refused. This is not to be interpreted as meaning that employee is not subject to call-back while on vacation, as provided in subparagraph 8(b) of this Agreement. For distribution of overtime purposes an employee shall be considered on vacation from the time the employee finishes work on the employee’s last scheduled regular workday shift before going on vacation until the employee’s scheduled starting time on the employee’s first scheduled work day after the employee’s vacation.

(5) At the end of the payroll period ending nearest January 1 of each year, the overtime list for each classification at each location will be returned to zero, listed in seniority order and shall become effective upon posting the list at each work location at the regular agreed upon time.

(6) Junior employees will not be forced to work an overtime assignment for more than two (2) consecutive days. The only exception would be if there we re no other employees available in that classification and location or everyone is assigned to work overtime.

(7) The provisions of this Paragraph should not be interpreted to restrict the Company’s right to require employees to work overtime.

(8) If this method results in an obviously inequitable distribution of overtime, then the Director of Labor Relations and the Business Manager will work out a method of correcting such inequity.

The Company proposes to establish a traveling crew to work plant overhauls, emergencies, and special projects. This crew will be made up of itinerant personnel at the power plants and will travel to other plants as required. The following provisions will apply.

Power Generation personnel will be assigned to plant overhauls, emergencies, and special projects in the following manner:

• Traveling Crew personnel from the particular (home) plant.

• Available non-traveling crew personnel from the particular (home) plant.

• Traveling crew personnel located at other plants. (For the purpose of assignment for plant overhauls, emergencies or special projects, FOS Itinerant personnel will be considered as assigned to "Special Project" whether they are physically assigned to the actual plant location or remain at the FOS facility working on the "Special Project." Therefore, FOS Itinerant personnel will not be required to travel prior to assigning other personnel.)

• Available employees from other plants on a volunteer basis (those employees who do not volunteer will not be charged with the overtime performed).

• If a deficiency still exists in the number of employees needed, then the Company may assign any qualified employee at any location. Such assignments will be made on a seniority basis by locations.

Overtime for plant overhauls, emergencies, and special projects will be distributed using the following:

• Traveling crew (Itinerant) and plant overtime lists will be maintained separate at each plant.

• Plant personnel will be asked first for any overtime not resulting from plant overhauls, emergencies, and special projects. Itinerants will be offered next, if enough plant personnel do not volunteer. Plant personnel will be assigned by seniority if enough volunteers are not obtained. Itinerant personnel may be assigned if there is not enough plant personnel.

• Assignment of plant personnel to a unit overhaul will be made using the plant overtime list.

• Assignment of traveling crew personnel to any location will be made by using the overtime list for traveling crew at their home plant.

• A single overtime list will be established for each classification for each assignment (overhaul, emergency, or special project). This list will be a combined list of itinerants and plant personnel.

Additional non-holdover overtime will be offered from this list to the low overtime, qualified person.

• Maintenance Leaders and additional supervisory personnel required for an overhaul, emergency, or special project may be provided by temporarily relieving either plant or itinerant personnel as required for the duration of the assignment (This would include up to four (4) weeks prior to the actual start date and up to two (2) weeks after the actual end date). Additional time may be allowed upon agreement between the Local Union President and the Plant General Manager.

See General for paragraph 48 conditions "(a)"through "(e)"

(f) In the Maintenance Technician/E, Maintenance Technician/ M, Maintenance Technician/I and classifications in the Production Department and all corresponding Itinerant classifications, the ratio of apprentices to craft worker at any one (1) location shall not exceed: One (1) apprentice to one (1) craft worker; one (1) apprentice to two (2) craft workers; two (2) apprentices to three (3) craft workers; two (2) apprentices to four (4) craft workers; three (3) apprentices to five (5) craft workers; three (3) apprentices to six (6) craft workers; and above six (6) craft workers, the ratio will be one (1) to two (2). For the purpose of this clause, Machinists, Maintenance Leader, shall be considered craft workers.

(g) Ratios as set out in (f) shall be determined on the basis of the number of apprentices and corresponding craft workers on the payroll at a working headquarters. The temporary absence of craft workers from a headquarters shall not be considered as affecting the ratio in that headquarters or crew. When an apprentice automatically promotes to craft worker, no contractual ratio will be affected by this promotion. However, the Company will correct the condition and restore proper ratio at its first opportunity.

(h) In all departments when an apprentice has been in the apprentice classification for more than two (2) years and is not competent to become a craft worker, the employee shall not be counted in the apprentice ratio.

(i) When an employee has served four (4) full years in the apprentice classification, the employee shall automatically be promoted to a craft worker classification at the employee’s location, provided that the employee is fully qualified. Job Posting Procedure will not apply in the automatic promotion of apprentices.

(j) Based upon qualifications, an apprentice may perform work alone, outside of sight and sound of a craft worker. It is understood that the intent and application of this provision will apply in the following manner:

(1) The present method of assigning craft workers and apprentices will not be altered.

(2) When an apprentice is assigned to a craft worker and the craft worker feels the apprentice is qualified to work alone on a segment of the job assignment, the craft worker may assign the task to the apprentice.

(k) When an apprentice promotes to craft worker the employee’s starting pay bracket will be determined by the amount of time spent in the apprentice classification.

• less than one year bottom of bracket

• more than one year less than two full years 1st bracket

• more than two years less than three full years 2nd bracket

• more than three years less than four full years 3rd bracket

• four full years top of bracket

(l) The Company will not require an apprentice to work on, climb through or work above energized conductors carrying more than five hundred (500) volts during the employee’s first year of apprenticeship. After completing the employee’s first year, the determination of whether the apprentice is qualified to work on conductors carrying more than five hundred (500) volts will be made by the apprentice, the Maintenance Leader or equivalent, supervising the apprentice and the craft worker with whom the employee works. Should any question arise as to whether or not the employee is qualified to perform the duties assigned to the employee, which cannot be resolved locally it shall be brought to the attention of the Supervisor of Apprentice Training and report the supervisor’s findings to the Joint Apprenticeship Committee for determination as to whether the apprentice is qualified to perform the work in question. Even if the apprentice has more than the first year as an apprentice, the above determination must be made. In arriving at the first year of apprenticeship, the time in classification plus credit allowed for related experience is to be used.

(b) There may be established, in addition to Itinerant Mechanics, Itinerant Electricians, Itinerant Instrument Mechanics, the classification of Itinerant Instrument and Control Specialists, Itinerant Machinists and Plant Maintenance Technician M/E/I-Itinerant in the Production Department. The Machinist, Mechanic and Maintenance Technician-M classifications shall be considered as one classification. Itinerant Machinists, Itinerant Mechanics, Itinerant Electricians, Itinerant Instrument Mechanics, Maintenance Technician M/E/I Itinerant and Itinerant Instrument and Control Specialists will be assigned headquarters in a specific Class "AA" Plant and will perform work as Machinists, Mechanics, Electricians, Instrument Mechanics, Maintenance Technicians, or Instrument and Control Specialists in various plants throughout the system when and as assigned.

There may be established the classification of Itinerant Apprentice Mechanics, Itinerant Apprentice Electricians, and Itinerant Apprentice Instrument Mechanics in the Production Department. The ratio of Itinerant Apprentices to their corresponding Itinerant craft worker shall be as provided for in Paragraph 48.

Itinerant personnel assigned to the various plants in the Miami Area may be required to report to work at any of the plants in the Miami Area by notifying them during working hours of one day to report to a particular plant on the second day following or later. Likewise, Itinerant personnel assigned to the Lauderdale and Port Everglades Plants may be required to report to work at either of these plants with the same notification.

For the purpose of plant overhauls or emergencies, the Company will first use the complement of available qualified employees at that particular plant. If an adequate number is not available, then Itinerant Maintenance employees will be used in cases where time will allow for their travel. The Company, to supplement these employees, will determine what employees are available from nearby plants on a voluntary basis to help in this work. Those employees who do not volunteer will not be charged with the overtime performed. Should there still be a deficiency in the number of employees needed, then the Company may assign any qualified employees at any location to work on the overhaul or emergency. Such assignments will be made on a seniority basis.

(c) If sufficient notification is not given in (b) above, then mileage and travel time will be allowed until the second day following the original notification.

(d) All Show-up/Itinerant personnel may be assigned to locations outside the areas specified in (b) above, in which case, they will receive expenses in accordance with Paragraph 41.

(e) Itinerant classifications will, for the purpose of overtime distribution, be considered in the corresponding regular classification. If this method results in an obviously inequitable distribution of overtime, then the Director of Labor Relations of the Company and the Business Manager of the Union will work out a method for the purpose of correcting such inequity.

(f) Special Itinerant:

Establishment of the "Special Itinerant" classifications that will be full time employees but only work ten (10) months of the year. These employees will be required to take time off without pay for a total of eight (8) weeks during the calendar year. This time off will include four (4) weeks during January, unless another time period is mutually agreed to by the Company and the employee, and four (4) weeks during June, July or August. All vacation must be taken during June, July, August and the week after Christmas unless mutually agreed upon by the Company and the employee. Benefits will be paid for the entire year. Seniority will accumulate on a yearly basis and the employee will enjoy all rights and privileges provided by the Memorandum of Agreement.

Special Itinerants will be used for call-out and prearranged overtime, at their home location, during their "off time" under the following conditions:

1) Employees must notify the company at the beginning of each pay period of their wish to be considered for the overtime.

2) Regular Plant and Itinerant personnel will be offered the overtime first. Special Itinerant’s will be called before forcing regular personnel (except in an emergency).

3) Additional work occurring during the non-vacation "off-time" for Special Itinerants will be offered to Special Itinerants that have indicated their desire to work during this period before Temporary Employees are hired.

4) The Company and Union will review this process each year to improve its effectiveness. Either party may terminate the agreement at the end of the term of the contract period. Employees in the Special Itinerant classification, at the time of termination, will convert to Itinerant at their location.

5) Until a career development program is jointly developed the Maintenance Assistant will receive forty cents (.40¢) increases each six months. The ratio of Maintenance Assistant to all Maintenance Craft Workers will not exceed one (1) :three (3) system wide.

The "Turbine/Generator Team" for the PGD Variable Work Force. The members of this team will be made up of Variable Work Force personnel (regular and special) and will primarily perform the plant turbine/generator work. The employees assigned to this team will be selected by seniority from volunteers within a region. Individual participation will be a minimum of two (2) years unless an employee leaves the itinerant classification. The daily overtime assignments will be made from within this "Team" for the duration of the overhaul assignment. If there are insufficient "Team" employees to cover this overtime, the remaining overhaul complement will be eligible for this overtime.

(a) Any employee designated to substitute, relieve or work temporarily in a higher classification shall receive an additional 5% (five percent) added to his / her regular rate of pay or the minimal of the bracket, which ever is higher, but not to exceed the maximum rate, for all hours actually worked or a minimum of four (4) hours, provided the employee works in such higher classification for one (1) hour or more at any given time (except as otherwise provided in Paragraph 38). The employee shall work the scheduled hours, perform the assigned duties and after twenty-four (24) hours’ notice of change of schedule, be subject to the schedules of work of such higher classification in which the employee is relieving, substituting or temporarily working.

Utility Workers with journeyman qualifications as of the date of ratification will receive relieving pay based upon the relieving process in place prior to the 2000-2004 MOA.

Every effort will be made by the Company, where practicable, to fill jobs under this paragraph according to qualifications and seniority in the particular Work Headquarters. Biweekly lists of temporary relieving time will be posted on bulletin boards.

(b) When an employee is designated to relieve or substitute for another employee or to work temporarily in a lower classification, the employee shall receive the rate of pay of the employee’s own classification and shall work the scheduled hours, perform the assigned duties and after twenty-four (24) hours’ notice of change of schedule, be subject to the schedules of work of the lower classification in which the employee is

relieving, substituting or temporarily working.

(c) Employees may relieve in an equivalent classification if they have no objections or for the purpose of obtaining experience. However it is not required that an employee relieve sideways without his consent.

The Company agrees to pay temporary relieving machinist pay to anyone performing machine work for one (1) hour or more. Machine work is defined as work using stationary or port able machining equipment that requires precision measuring instruments to complete the work.

(c)(1) With the exception of plant outages any individual employee relieving outside the bargaining unit will be limited to a total of ninety (90) calendar days in any one (1) calendar year (unless mutually agreed to by the Company and Union).

(d) When a temporary clerical assignment occurs, the company will first canvas the employees at that work location for those who may be qualified and would benefit by temporary relieving. If no qualified employees can be identified, the company may then use temporary clerical help under the following conditions:

1. The temporary clerical assignment shall last for a minimum of 20 workdays (any assignment of less than 20 days will be considered to be 20 days).

2. For work which requires temporary clerical support over and above the normal clerical compliment, each power plant and each division may utilize temporary clerical personnel up to 120 work days in any given twelve month period. Once the use of temporary clerical personnel has reached 120 days (the time need not be consecutive) within a twelve-month period temporary clerical jobs will be discontinued, or an appropriate bargaining unit job will be posted. Any use of temporary clerical personnel will be cumulative for purposes of determining the 120-day period. As an example, two temporary clerks could work for 60 days in any given twelve month period or four temporary clerks could work 30 days in any given twelve month period.

3. Temporary clerical personnel may be used to fill temporary vacancies within existing bargaining unit clerical classifications. Temporary vacancies will be determined when a bargaining unit employee is unable to fulfill his/her job responsibilities due to maternity leave, extended illness or injury, posted job vacancies and vacations. The 120 workday period shall also apply to temporary vacancies at each location. This time limit may be extended by mutual consent of the Business Manager and Director of Industrial Relations.

4. When a temporary clerical assignment occurs at a work location, the appropriate Local Union President will be notified of the starting and stopping date of such assignment.

5. This will not change the manner in which injured employees may be assigned under Paragraph 7(c) of the Memorandum of Agreement.

Note (1) See Traveling Crew Power Generation Par 44 PGD Supplement

A shift employee may work for a Production Leader on an overtime Assignment, or relieve where qualified in a shift classification, or may be assigned where qualified to relieve by inverse seniority. A shift employee may be assigned to work for a Maintenance Leader and/or be assigned outage work by their Production Leader.