PHYSICAL AGREEMENT
EXHIBIT XVI - CONTRACTING
| Section | Date | Description |
|---|---|---|
| LA-13-15 | 3/5/2013 | To continue the temporary use of contractors signatory to IBEW LU 1245, as previously agreed to in LA 12-54, to supplement Locate and Mark (L&M) workforce through 5/31/13. |
| LA 12-54 | 10/25/2012 | To temporarily utilize contractors to supplement our L&M workforce due to high turnover levels and the need to meet requested customer timeliness. The Co. will offer Gas T&D ees. who are OQ in Locate & Mark duties a minimum of 20% OT while contractors are working in their hdqtrs. and/or service territory. |
| LA-12-36-PGE | 8/9/2012 | The need to temporarily supplement the Gas T&D workforce to perform gas leak survey work. In headquarters where there are contractors performing leak survey work, T200 and T300 Fieldmen who are operator-qualified to perform leak survey work will be offered the opportunity to work a minimum of 20% overtime. |
| P RC 21400 | 7/20/2012 | Companys use of a contract crew to perform EOT work. Agrees to close this case without adjustment with the understanding that the intent of LA 09-41 is to seriously consider T300 employees for emergency duty. |
| P RC 20131 | 3/29/2012 | Use of contractors to support the delivery of materials to Fresno area TSM&C and T300 crew locations. No violation. Work in question falls under the jurisdiction of Station, Substation, and Hydro Construction. |
| P RC 17378 | 9/8/2011 | Contracting out ET&D work out without considering GC. Based on the facts presented in this case and the principles used in Arb. 266 and PRC 15810, agreed that there was no violation of the Agreement. |
| P RC 18659 | 8/27/2010 | The Co. contracted Substation work without offering optimum OT based on the facts presented, there is no violation of the agreement. |
| P RC 16207 | 6/4/2010 | Contracted out cleaning oil around the building at Hinkley CGT. Based on the fact the T200 and T300 ees. were offered the work and declined, no violation of the agreement occurred. |
| P RC 17070 | 6/4/2010 | Contracted out DCPP engineering design work. There is no claim that engineering design work is within Unions jurisdiction. No violation of the agreement occurred. |
| P RCs 17065, 17066 and 17067 | 6/4/2010 | The SF and Peninsula IT IS (Infrastructure Technology and Information System) alleged Co.s failure to offer the opportunity to perform work in their classification prior to contracting out Life Cycle deployment of personal computers to Zhones. Whether timely filed or not, no violation of the agreement occurred. |
| P RC 17137 | 6/4/2010 | Salinas and Santa Cruz grievance was filed in Dec. 2006 Intent to Contract PC Deployment to Zhones. No violation of the agreement occurred. |
| P RC 17397, 17402 and 17474 | 6/4/2010 | Companys contracting with Ricoh for the purchase, installation, and servicing of MFDs (Multi-Function Devices). Work that was contracted is not considered to be work normally performed. Since the issue raised is failure to offer optimum OT, the Managers authorization for OT directly addresses the correction requested. Cased closed based the facts and without adjustment. |
| P RC 17368 | 6/4/2010 | In Salinas ET&D, a notice of Intent to Contract was sent for the replacement of 63 wood poles in various locations in Area 3. However, grievance was filed alleging the ees. were not offered the OT to do this work. Based on the facts, no violation of the agreement was demonstrated in the spirit of Arb. 266. |
| P RC 17178 | 6/4/2010 | Alleges that the Co. on a continuous basis fails to provide optimum OT to Fresno ET&D employees for the period of Nov. 2006 to Jan. 2007. Based on the facts, the Co. was in compliance with the literal and intent of Exh. XVI and Arb. 266. |
| P RC 15810 | 6/4/2010 | Jacksons ET&D grievance challenged the contracting with Davey Tree to install steel pole stubs. Agreed that chemical treating of poles and steel stubbing of poles is not work normally performed. No violation of the agreement occurred. |
| P RC 16062 | 6/4/2010 | Stocktons ET&D grievance is one small steel pole stubbing job. All steel pole stubbing contracts were discontinued as of 10/24/2005. This is not work normally performed, however, wood pole stubbing is work normally performed by PG&E crews. Case closed without adjustment. |
| P RC 16064 | 6/4/2010 | Stocktons T200 and T300 ET&D ees. filed a grievance that the Co. contracted the pole replacement and new business connections. Based on the facts and Arb. 266, no violation of the agreement occurred. |
| P RC 18229 and 18230 | 6/4/2010 | Merceds ET&Ds grievance challenged the contracting to install steel pole stubs. The Comm. is in agreement that chemical treating of poles and steel stubbing of poles is not work normally performed. No violation of the agreement occurred. |
| P RC 16087 | 6/4/2010 | Tracys ET&Ds grievance challenges the contracting of street light maintenance (SLM) work without offering optimum voluntary OT to regular ees. The contractor performed a total of 152 hours. Agreed to an equity settlement of 16 hours pay at 1.5 times the straight time hourly pay. |
| P RC 18469 | 6/4/2010 | The Co. contracted out leak survey work at Fresno Gas M&C AREA 4. The work was re-surveying work. The Co. and Union have reach agreement on this work in LA 09-02. |
| P RC 18399 | 6/4/2010 | The Co. contracted out a 30 2.5 mile pipeline project and is using contract inspectors on the job. This issue is better addressed in the joint Co. and Union contracting/staffing meetings. |
| P RC 17584 | 6/4/2010 | The Co. is requiring Fresno Building Services ees. to perform clerical work which leads to the contracting of work normally performed by this work group. Work is assigned from the RMC to the Building Mechs. via a PDA system. Agreed that there is no violation of the agreement. |
| P RC 18131 | 6/4/2010 | The Co. is using C.B. Richard Ellis to provide direction and work assignment to the Fresno Building Services. The dept. is currently fully staffed and is working optimum OT and the Co. is submitting intents as required. The Exh. XVI committee tracts the hours by using a formula method to track small and incidental work performed by contractors. |
| P RC 17658 | 6/4/2010 | Alleged that the BU work (moving a scanner) is being performed by NBU Norcal employees. No information that provides any evidence of a violation of Exh. XVI. Case closed. |
| P RC 17508 | 6/4/2010 | The Co. contracted out the asbestos abatement and removal in and around the elevator shafts at 77 Beale St., GC Paint Dept. This type of work will be discussed in the newly formed contracting committee as a result of the recent Gen. Bargaining settlement. |
| P RC 17794 | 6/4/2010 | Balch Camp So. Area Hydro grievance. The Co. contracted out work, not reporting hours and allowing the contractor to use Co. equipment. The Co. had BU ees. inspect the work, Intent to Contract were turned in and hour are reported. Co. has made the necessary corrections and is in compliance with the Exh. XVI provisions. |
| LA 09-41 | 9/10/2009 | To amend the Exhibit XVI Contracting language. |
| P RC 18789 | 5/20/2009 | Co. contracted work in the Tower Section of the ET&D Dept. The fact that the contracting percentage continues to drop, the Co. is looking at filling additional positions. Closed without adjustment. |
| P RC 18727 | 5/20/2009 | No contractual violations occurred when the Co. use HH Gas Svc Reps. in Sacramento Gas Svc. Dept. |
| LA 07-13 | 2/20/2007 | To exempt work (installation of Solar System at various locations in San Francisco) from the provisions of Exh. XVI and to count the hours of work contracted out to free the PG&E crews to perform this work. Contractors replacing the crews would need to be signatory to the Union. |
| RC 16963 | 1/25/2007 | Agrees that the Co. has until 12/31/06 to reach Exh. XVI compliance in the Station, Substation, & Hydro Construction department when the Co. has contracted in excess of 20%, but not filled sufficient vacancies. If compliance is not reach by that time dues liability will begin and continue monthly; in addition, the Co. will notify the Union when any remedy payment is made. |
| LA 06-59 | 11/17/2006 | Side LA between Black & Veatch and the CA State Building and Construction Trades Council and the Contra Costa Building and Construction Trades Council with respect to the Contra Costa Unit 8 Power Project. |
| LA 06-58 | 11/14/2006 | Proposed to extend the period to 12/31/06 of the 24-month New Business Pilot (LA 04-52). |
| LA 06-28 | 5/31/2006 | Proposes to fill all Operating LOP vacancies at non-RMC Hdqs. with HH after first allowing current incumbents who hold the same or higher affected classifications the opportunity to transfer or bid these vacancies. If there are no current affected ees. on the bid or transfer list, the vacancy may be filled with a hiring hall. |
| LA 06-07 | 2/6/2006 | In relation to the AMI Project, Co. proposes: use of HH to fill Credit Rep. and Ope. Clk or Utility Clk; creation of (1043) GC Installer (Beginning Classification); contracting out retrofit work of electric meters; and installation of transformer-rated polyphase meters will be performed by PG&E workforce. |
| RC 15457 | 11/17/2005 | Issue: Union may be losing dues paying members during the period of non-compliance by the Co.. Agreed that once the Exh. XVI Comm. determines that a dept. is out of compliance, the Co. will have up to 90 days following the filing of a grv. to get to the target staffing number; otherwise, Co. will pay dues to the Union calculated accordingly. |
| LA 05-55 | 10/28/2005 | Contractual Departments: A list/table department names to be used for administering contractual provisions such as bidding, demotion and lay-off, contracting out reporting, grievance tracking, rehire pool, and wage schedules will be developed. Each employee will be mapped to one such department to facilitate contract administration and avoid problems created by frequent Company reorganizations. |
| P RC 15259 | 10/26/2005 | Sub-contractors working on CGT-Hinkley project were not paid prevailing wage. Settled based on Arb. Case No. 266. |
| P RC 15635 & 15781 | 10/26/2005 | No violation of the agreement occurred on these cases (pole inspection) that concern inspection of ET&D projects completed by contractors. |
| Arb. 266 | 6/1/2005 | Grievances on work jurisdiction, staffing numbers and the utilization of optimum OT. Reissue the Recommended Prearranged Overtime Procedure and a confidential equity settlement to pay employees in Bakersfield, Jackson, Los Banos and San Francisco. |
| P RC 15215 | 5/12/2005 | Contracting out of picking up hazardous waste from the Concord and Antioch Svc. Centers by Phillips Transportation and Remediation, contractor. This has been resolved by PRC 14674. |
| Arb. 269 | 1/31/2005 | Building Services has been contracting out B.U. work in excess of 20%; Company will pay dues to Union and would be obligated to staff up, as provided for in Exh. XVI. |
| P RC 14674 | 12/30/2004 | Contracting out work (i.e., handling, verifying, labeling, and completing of mandated paperwork associated with the processing of hazardous waste) at the Vacaville Service Center. Based on the letting of the contract by Environmental Services, contracting hours should be reported by the General Services Dept. |
| P RC 14368 | 12/22/2004 | Case concerns contracted CGT (excavation) work. No record that indicates OT on these jobs T-200 ees. were assigned this job on straight time. Closed without adjustment and without prejudice. |
| P RC 13581 | 12/22/2004 | Contracting CGT work (installation of basket strainers); report appears to be incidental contracting. Given the age of this case, close without adjustment and without prejudice. |
| Arb. 270 | 12/9/2004 | For a period of time, the Station, Substation & Hydro Dept. was not in compliance with Exh. XVI provisions, it was agreed Co. will pay dues to Union. |
| RCs 13111 13792 14325 RCs 13625 & 13142 | 12/3/2004 | These concerns contracted work, mostly pole replacement, allegedly without considering optimum overtime. Based on the resolution of Bus. Mgr. Grv. 01-01, agreed to close these cases without adjustment since most of the contracted services were Hiring Hall, IBEW Outside Line, or IBEW signatory contractors. |
| RCs 13108, 13206 & 13825 | 12/3/2004 | These concerns Gas T&D contracting work. To remedy the violation, Company will pay dues to IBEW. |
| LA 04-52 | 11/12/2004 | Co. proposes a 24-month New Business Pilot; encourage developers to come to PG&E for their new business work by committing to meet all reasonable schedule requests. |
| PRC 12133 | 10/21/2004 | No violations of the agreement occurred using non-union contractors to install conduit, pull some wire and complete half of the terminations without paying prevailing wage. |
| RC 12389 | 10/21/2004 | Inasmuch as PG&E employees assisted the contracted crew in the building of the berms, no violation of the agreement occurred for contracting to deliver and install approx. 70-20K gallon water storage tanks |
| RC 12320 | 10/21/2004 | The Exhibit XVI CGT Subcommittee agreed that installation and removal of aqua towers is work normally performed by B.U. employees, however, the fabrication of aqua towers is not. |
| RC 13858 | 10/21/2004 | If delivering materials and supplies to Grid Maintenance job sites continues to be contracted, it will provide Union with the Notice of Intent to Contract and report the contracted hours in the Station, Substation and Hydro departments. |
| P RC 14687 | 10/21/2004 | No violations occurred using contractors as incidental contracting, in installing a protection lighting system due to insufficient manpower and installing conduit to an air compressor, which was not work normally performed by the B.U. |
| P RC 14940 | 7/20/2004 | The utilization of a HH Service Operator in an Elect. Dist. Control Ctr. is not a violation, since they only dispatched tags and did not perform other journeyman System Operator duties. |
| P RC 14676 | 6/16/2004 | Contracting with PTR for the packaging and collection of hazardous waste and material from service centers throughout the service territory. Agrees there is no violation, specifically Exh. XVI, because contracting out provisions for the Fleet Dept. are not covered by Exh. XVI provisions, but by LA 96-107. |
| P RC 14280 | 1/27/2004 | No violation occurred when the Co. complied with the Agmt. when using a contractor to make arrangements for transportation of Company equipment. |
| P RC 14370 | 1/15/2004 | No violation occurred in utilizing HH Linemen in Santa Rosa. The record indicates the filling of vacancies and additional position in ET&D dept. |
| RC 11626 | 4/23/2002 | Contracting out of work on MDT (Mobile Data Terminals) laptops, docking stations and RF Modes is a violation of the Agmt. Telecomm. Techs. may perform maintenance and repair on other laptop computers after the expiration of the original purchase service agreement. However, BU employees may not perform maintenance and repair on the components of the FAS system, as the information and parts are proprietary. |
| P RC 11977 | 2/7/2002 | Pre-Inspector Arborists are contracted by the Co. to count the number of trees and bushes, identify their types, track their grown rates from the previous inspection and measure their truck diameters and branch heights. None of these tasks are work normally performed by Trans. T-man. No violations occurred. |
| RC 11148 | 6/14/2001 | No contractual violation occurred in that the cellular phone car kits bought by the Co. have a purchase agmt. to provide warranty protection for installation. Agreed that transferring phone car kits from the Co. vehicle to another is BU work which will either be assigned to the appropriate classification or contracted consistent with the provisions of Exh. XVI. |
| P RC 11726 & 11730 | 6/5/2001 | Alleged that meter dept. work was performed by mngt. ees. (Revenue Protection Reps). However, disputed work appears to have been a one-time survey and has been completed for over a year. Agreed that in the future a survey of this size would be performed by an appropriate BU classification, if they are available in a reasonable period of time to do the work or through the provisions of Exh. XVI |
| LA 01-28 | 6/1/2001 | Recommends change to the HH Agmt. (LA 01-09) for filling Utility Worker positions. |
| RC 11189 | 5/23/2001 | No violation occurred when the Comm. agreed that printer repair is not work normally performed by Telecommunications Technicians in Stockton |
| LA 01-09 | 3/15/2001 | Hiring Hall Process and Procedures. This LA modifies, consolidates and clarifies Las 95-54, 95-87, 95-115, 95-145, 95-146, and 95-148, regarding temporary employment within the IBEW bargaining unit at PG&E. |
| LA R1-00-55 | 11/16/2000 | Proposes to continue to have transmission crews perform transmission line maintenance and occasional distribution work. For the purpose of this Exhibit, Electric Transmission will be combined with Electric T&D (Title 200 and 300). |
| LA R5-00-32 | 9/8/2000 | Additional processing information in the application of Contracting. |
| P-RC 11137 | 8/15/2000 | Violation of LA 95-145 for using HH Asst. Foremans Clerks in Area 7 extensively has been resolved through LA 00-18 by filling Asst. Foremans Clerk positions in San Rafael and Santa Rosa in regular basis. |
| P-RC 2213 | 8/8/2000 | These cases concerns the Contracting Principles; issues raised are moot and agreed to close, but the Co. has an intent to fill additional positions in the ET&D Dept. However, subsequent to the filing of these grievances, the parties have bargained new contracting provisions as outlined in Exh. XVI of the Physical Labor Agmt. dated 1/1/00. |
| P-RC 2245 | 6/15/2000 | Work jurisdiction for Elect. Meter Tech. The Comm. agreed that the pre-inspection work is a shared responsibility; i.e., the Meter Tech is solely responsible to inspect facilities and installation for compliance w/ Co. Standards & Governmental Regulations; while the Marketing Dept. needs to conduct pre-inspections to recruit customers. |
| IR-IBEW-99-02 | 5/16/2000 | Violation of using HH ees. Co. agrees that the Substation Maintenance department must fill regular positions to restore the floor number. Co. will make a good faith effort to fill the positions in an expeditious manner and will provide the Union with weekly status report. |
| IR-IBEW-99-05 | 5/16/2000 | Violation of using HH ees. The Materials Electric Utility department are below the floor number; the LIC in an effort to resolve the issue, agreed that the dept. cannot contract until the dept. is at an employee count of 46. |
| IR-IBEW-99-07 | 5/16/2000 | Co. is contracting work in Transmission Line Dept. Agrees that the dept. must fill regular positions to restore the floor number and the Co. will make a good faith effort to fill the position in an expeditious manner will provide the Union with weekly status report. |
| IR-IBEW-99-03 | 4/13/2000 | Violation of using HH ees. Between 1/26/00 and 2/29/00 Co. has increased the number of regular positions at the Electric Office department up to a level equal to the floor number. On this basis, case is closed. |
| P-RC 2145 2148 2158 | 3/29/2000 | The contracting of the installation of the ISO meters was not for the purposes of dispensing with the services of the ees.; Co. was under a strict time frame; the work was observed by the appropriate B.U. classification; ongoing maintenance of the meters remains B.U. work; and the parties have negotiated into the Labor Agmt. provisions that would ensure the Co. must follow when contracting work normally performed by B.U. employees. |
| P-RC 2221 | 2/1/2000 | Options given the displaced employees in the Materials, Clerical & Chemical & Radiation Processing depts at DCPP exceeded what they would have been entitled to had the displacement occurred a few months later after the Arb. 224 settlement . Case close without adjustment. See also 206.12 and 603.4. |
| IR-IBEW-99-06 | 1/28/2000 | Co. is contracting work in Accounting and Computer Operations; case is closed based on Arb. Case 228 settlement. |
| IR-IBEW-99-04 | 1/26/2000 | Violation of using HH ees. Co. agrees that the Telecommunications department must fill regular positions to restore the floor number. Co. came into compliance when they filled the Telecommunications Operations Analyst in Aug. 1999. |
| LA 99-61 | 9/20/1999 | To use a Senior Health Physics Tech. from Seabrook plant, New Hampshire, for the 2R9 outage on an agency-type relationship. See also 603.3 and 603.4. |
| ARB 228 | 4/28/1999 | Agreed to waive 207.2 in this case. Maintenance and repair services normally performed by the BU other than original warranties included in the base price of a piece of equipment constitute contracting within the meaning of LA 88-104 and sec. 207.2. In addition, if it is not practical to assign highly specialized work to BU ees. to perform, parties will meet to discuss possible waiver. |
| ARB 224 | 1/29/1999 | As a result of the utilization of HH emp. in Departments that are below their floor number, it was agreed to bring the number of regular positions up to the floor number or eliminate all HH positions in the department and fill positions equal to the HH positions eliminated. |
| P-RC 2155 | 12/18/1998 | The dispute over whether or not the vegetation spraying work within the Water Dept. is BU work unresolved; no violation of Sec. 207.2 as the Dept. was at its 88-104 floor number at the time the contracting occurred. See also 608. |
| LA 98-72 | 8/12/1998 | Proposes that the grievant be allowed to register at the HH for PG&E assignments and be dispatched as a HH Lineman to all areas other than Area 7. |
| LA 98-60 | 6/25/1998 | Proposes that for reporting purposes of 88-104, to transfer the headcount of 2 Water Dept. employees, located at Helms, to the Hydro Maintenance Dept. located at Helms. See also 608. |
| P-RC 2146 | 4/7/1998 | Issue of continued use of GC employees following displacement of T200 employees at Camp 5 deferred contingent on outcome of Arb. Case 222. |
| LA 97-140 | 11/17/1997 | Grid Maint. and Construction has a temporary need to have additional Title 300 employees perform in certain classifications. To assist in staffing for such work, agreed to first utilize qualified employees in the following order: Title 300 employees, Title 200 employees, HH employees and the contractors. See also 300, 200 and Clerical 24.5. |
| LA R3-97-53 | 4/14/1997 | In compliance with the CPUC's order to PG&E to voluntary divest at least 50% of their fossil generation, the Co. and Union's Power Generation reached on the following agreement that applies to Title 200 Steam Generation (except Diablo Canyon, but including Humboldt Bay PP) and Hydro Generation employees related to power plant sales: application trigger; early retirement program; modification to section 207.2; flexibility committee; enhanced relocation; reemployment provision; successor clause; notice of displacement; wage protection; retraining assistance; employee severance and displacement program; placement opportunities; and joint overview committee. See also 205.5, 206.2, 206.8, 206.13, 500.5, 603.1, 603.2, Clerical 24.5, 25.5, and Benefits. |
| Arb. 199 | 12/27/1996 | Use of contractor did not create joint employer status - same issue as presented in Arb. 199. |
| Arb. 199 | 12/23/1996 | Garage Dept. grievances alleging violation of LA 88-104 settled by the signing of LA 96-107, as recommended by the Garage Dept. Labor-Management Committee. See also 605. |
| LA R2-96-107 | 11/21/1996 | To replace the provisions of this section as it relates to the labor agmt. for the Garage (Fleet Services) Dept. in providing service to the users of the Co.'s Fleet and to enhance bargaining unit employment security and the Co.'s flexibility. See also 605. |
| P-RC 1696 P-RC 1765 2012 P-RC 1767 P-RC 1935 | 10/23/1996 | These grievances concern the application of LA 88-104 / 207.2 to Steam Mntce. overhauls. Work within the scope of the original overhaul contract is exempt from LA 88-104 / 207.2 application. However, additional work assigned to a contractor is covered by the optimum voluntary OT application of Exh. XVI, and any hours worked by a contractor must be reported to the Exh. XVI committee. |
| LA 96-93 | 10/4/1996 | To convert 5 agency employees to Utility Clerk-HH status. Said employees were assigned to TCAP (Target Customer Appliance Program) to assist in the project (inspection, assessment, replacement of wall furnaces installed by the Co. in homes of low income customers.). |
| P-RC 2000 | 8/15/1996 | Dispute over whether contract of remodeling of kitchen at Compressor Station is contracting of "work normally performed by bargaining unit employees. |
| P-RC 2035 | 2/14/1996 | Contracting construction of oil retention burn did not violate agreement - is not work normally performed by bargaining unit. |
| P-RC 1934 | 2/7/1996 | Detailed method to calculate liability in case where Co. failed to offer optimum voluntary OT. |
| P-RC 1955 | 2/7/1996 | Non-bargaining unit (NBU) employee working on LAN system Cisco Router, manipulating software - software is not exclusive jurisdiction of NBU. See also 2.1. |
| P-RC 1999 | 1/11/1996 | Contracting delivery of sand without considering optimum voluntary overtime - issue settled by Labor-Mgnt. Comm. with equity payment. See also 604. - |
| LA R1-95-145 | 11/20/1995 | This generic Hiring Hall LA expands the provisions of LA 95-54 regarding temporary employment within the IBEW B.U. at PG&E. The hiring of temporary employees under the terms of this LA is considered contracting pursuant to this section and to utilize the provisions of Section 24.5 Clerical agreement. See also 106.12 and 24.5 Clerical. |
| P-RC 1988 | 11/13/1995 | Use of contractor did not create joint employer status - same issue as presented in Arb. 199. |
| P-RC 1900 | 11/10/1995 | Based on Arb. Case 201, use of ECI to perform work with Tree Contractors does not violate the agreement. |
| Arb. 199 | 11/9/1995 | Long-term temp. upgrade (over 1 yr.) does in effect reduction of the no. of ees. for purposes of this section. |
| Arb. 195 | 11/8/1995 | Contracting issue (janitorial work) referred to Labor-Management Committee. |
| Arb. Case 199 | 10/19/1995 | Question of whether work contracted in Garage Dept. is work normally performed by bargaining unit. Title 8 Committee to look at. See also 605. |
| P-RC 1742 | 10/19/1995 | Dispute over remedy in joint employer relationship issue. See also 2.1. |
| Arb. Case 199 | 10/16/1995 | Multitude of cases related to reduction of bargaining unit while contracting failure to utilize optimum voluntary OT; long-term temporary upgrades on 88-104 headcount. See also 205.3 and 208.1. |
| P-RCs 1696 1765 1767 1935 Arb. Case 199 | 10/13/1995 | Application of limits to contracting during Steam Department overhauls. See also 603. |
| LA R1-95-60 | 6/14/1995 | This so-called Co-Mingling LA recommended to include GC in labor-management meeting. |
| P-RCs 1762 1768 & 1769 P-RC 1775 | 6/9/1995 | Based on Arb. Case 201, use of ECI to perform work with tree contractors does not violate agreement. |
| P-RC 1814 | 6/7/1995 | Assignment of certain energy efficiency inspections work to non-bargaining unit employees does not violate agreement. |
| LA R2-95-54 | 5/22/1995 | To replace the provisions of this sec. and sec. 106.12 of the Agmt. for employees in Customer Energy Services (CES) Gas & Elect. T&D Depts. See 601.1, 612.2 and 613.1. |
| P-RC 1946 | 5/22/1995 | Based on Arb. Case 201 use of ECI to perform work with tree contractors does not violate agreement. |
| P-RC 1807 | 4/18/1995 | Based on Arb. Case 201, use of ECI to perform work with tree contractors does not violate agreement. |
| P-RCs 1831,1832 1856 1903 | 3/23/1995 | Based on Arb. Case 201, use of ECI to perform work with tree contractors does not violate the agreement. |
| LA 95-17 | 3/14/1995 | To resolve grievances involving application and administration of LA 88-104, proposes to establish a four person committee. See also 102.6 and 102.8. |
| Loc. Gr. NOV-92-26 | 8/5/1993 | Installation of shunt splice is defined as work normally performed by bargaining unit. |
| Arb Case 184 | 7/15/1993 | Contracting of dump trucks and backhoes created a joint employer status. See also 2.1. |
| P-RC 1617 | 7/7/1993 | LA R2-92-141 allows Co. to use contract Labor Janitor at DCPP during the 2 R4 outage. See also 2.1 and 603.3. |
| LA R2-92-141 RC 1742 | 3/31/1993 | To continue contracting Labor/Janitor and Firewatchers at DCPP. |
| LA 93-27 | 3/24/1993 | The Co./ESC placed industrially injured Gas Crew Foreman as Temporary Additional Gas Mapper in Modesto for the period of 1/92 - 5/30/93. See also 601.1. |
| LA R1-93-16 | 2/3/1993 | All Sections of the Contract will apply to workers hired as temp. additional employees performing outage work at the DCPP under the provisions of LA 91-20 with the exception of Titles 205, 206, 305, 306, and in addition, rehire rights would be based upon the position, location, and time limits. See also 4.1, 106.12, 204.4, and 603. |
| LA 93-11 | 1/19/1993 | Establish a committee to address areas of dispute surrounding LA 88-104. See also 2.1 and 24.5. |
| P-RC 1557 | 6/22/1992 | Contracting joint employer relationship created by contractor delivering mail and supplies to Helms. It was agreed that the Company would not use said employee for the performance of bargaining unit work in excess of 90 workdays unless such use meets the test of true independent contractor status. See also 2.1 Clerical. |
| P-RC 1519 | 6/1/1992 | Contracting Union claimed joint employer status for agency clerks performing bargaining unit work. To resolve this case, Company establishes a Scheduling Assistant classification (DCPP) per LA 92-11. See also 2.1 Clerical. |
| P-RC 1563 | 4/27/1992 | Contracting local HR Dept. must provide information to police LA 88-104. See also 2.1. |
| LA 92-56 | 4/14/1992 | Proposes that the NPG Bus. Unit hire the technicians performing skilled technical work in the Radiation Protection, Elec. Mtnce and Instrumentation & Control depts. as temporary additional employees under the conditions specified in the Section titled, OTHER CLASSIFICATIONS in LA R3-91-20. |
| LA 92-57 | 4/14/1992 | Limited utilization of ARC (Association of Retarded Citizens) at the Gas Meter Shop. See also 2.1 and Clerical 2.1 and 24.5. |
| P-RC 1508 | 3/10/1992 | The Company had no obligation to upgrade the grievant for the Equipment Operator work in question, including any ensuing overtime hours. See also 2.1, and 601.1. |
| P-RC 1515 | 3/10/1992 | Compliance with the optimal overtime provision in LA 88-104 must be determined on a case-by-case basis. The Company had an obligation to offer optimal overtime prior to contracting as outlined in LA 88-104. This obligation only applies to the Fieldman classification, but the parties agree that no set definition of "optimal overtime" exists. See also 2.1 and 601.1. |
| Arb. 184 | 2/10/1992 | Contracting of Dump Trucks and Backhoe services. |
| LA 91-187 | 12/12/1991 | An extension of provisions of LA 90-205 (see 206.3) for additional year. In pending sale of Steam Heat System, provisions of LA 88-104 (this section) will not apply. Acknowledged that in the course of the sale, employees/ agents/contractors of buyer will be training on the system and will actually perform physical bargaining unit work. See also 204.4, 206.3, 601.1, 603.1, 603.3. |
| P-RC 1388 | 12/9/1991 | In case concerning contracting Telecomm. Technician work at DCPP during Unit 2 refueling outage in 1988 to determine whether optimum use of overtime was effected prior to contracting as required per LA 88-104 (88-104 Committee, this section), current Telecomm. Techs. who were also at DCPP during grieved time frame to receive pay as though they had worked 60-hour work schedule at 1988 rate. Decision is without prejudice. See also 2.1, 208.16. |
| PG&E's DBU & Corp. IR Manual | 11/19/1991 | The status of contracting out work after: Arb. 128 and 142; RC 1637, and LA 88-104. |
| P-RC 1499 | 7/15/1991 | Layoff of Groundman while contracting E T&D work at headquarters. The Dept. are obligated to make every effort to meet their new floor number so long as work is being contracted. |
| LA 91-93 | 6/21/1991 | In staffing additional technician classifications for duration of DCPP outage 2R4, following sequence of consideration: 1) existing ENCON employees to extent practicable; 2) agency contract employees from vendor mutually agreeable to parties and signatory to IBEW 1245 labor agreement; 3) if more needed, Company may staff from other sources of its choice. Provisions of 106.12 to be waived. See 106.12, 603. |
| LA R2-91-60 | 5/28/1991 | Identification of employees used to establish employee count as of September 1, 1988, per LA 88-104 (this section). Company will provide quarterly audit to Union; indicates which employees are to be counted in determining compliance. See 106.12, Clerical 24.5. |
| LA R3-91-20 | 4/12/1991 | Agreement covering hiring of additional workers during refueling and maintenance outages at DCPP. Covers which type of work may continue to be contracted out, specifies creation of new classifications related to outage work only, suspends provisions of 106.12 for purposes of outage related work only, and requires compliance with 4.1 requirements within 8 days of hire for these new employees. See also 4.1, 106.12, 204.4, 603. |
| LA 91-49 | 3/27/1991 | While negotiations continue as to how to supplement bargaining unit workforce during outages at DCPP, agreed to suspend provisions of 106.12 for 1991 outages. See also 106.12, 603. |
| LA 90-200 | 9/19/1990 | Waiver of normal provisions of LA 88-104 (this section) in order to hire behind Groundman extending medical leave of absence in Golden Gate Region Transmission and Distribution; when Groundman is ready to return to work, if contracting has taken place and relief employee has attained regular status, would exercise 206 rights. - |
| LA 90-201 | 9/6/1990 | Relocation of vacant Telecommunications Technician floor number (per LA 88-104, this section) from Oakland Webster Street office to new Telecommunications headquarters in Livermore |
| LA 90-175 | 7/20/1990 | With the establishment of Region Electric T&D Crews in Sacramento Valley Region, nine additional positions authorized and added to physical bargaining unit. See 204.4, 612.2. |
| LA 90-142 | 6/14/1990 | Company hiring one temporary additional (vs. temporary basis) employee in Warehouse Facility, General Services, Fresno, to fill in behind employee on compensation payroll; upon his return, temporary additional will be laid off or displaced (Title 206) without regard to provisions of LA 88-104 (this section). |
| P-RCs 1116 1264 1282 1284 1325 1335, 1336, 1337 1348, 1349 1357, 1358 1372 1388 1393 1403, 1404 1410 | 6/13/1990 | Multiple settlements from 88-104 Committee to serve as reference guide for application to future contracting grievances concerning LA 88-104 (this section). See also 208, 212. |
| LA 90-132 | 6/5/1990 | Company hiring three temporary additional (vs. temporary basis) employees in Stockton Electric T&D Department for maximum of six months, at which time they will be laid off without regard to provisions of LA 88-104 (this section). |
| LA 90-103 | 5/9/1990 | Company hiring six temporary additional (vs. temporary basis) employees in Stockton Gas T&D for maximum of six months, at which time they will be laid off without regard to provisions of LA 88-104 (this section). |
| LA 90-105 | 5/9/1990 | Headcount for 88-104 (this section) to be adjusted accordingly with relocation of two San Francisco Garagemen from Martin Svc. Center to SF Service Center. See 206.12. |
| LA 90-97 | 5/1/1990 | Appropriate adjustments will be made to floor headcount for LA 88-104 (this section) in relocation of Helper - Gas T&D from Stockton Gas T&D to Stockton Gas T&R and creation/filling of another Field Meterman position in Gas T&R in attempt to consolidate all leak survey functions into the Gas T&R department. See also 206.12, 601.1. |
| LA 90-96 | 4/30/1990 | Company hiring five temporary additional (vs. temporary basis) employees in Warehouse Facilities, General Services, Fresno and Stockton for six months maximum, after which they will be laid off without regard to provisions of LA 88-104 (this section). |
| LA 90-44 | 3/7/1990 | Company hiring two temporary additional (vs. temporary basis) employees in Transformer Repair Facility, Substation Maintenance, Fresno for six months maximum, after which they will be laid off without regard to provisions of LA 88-104 (this section). |
| LA 89-167 | 9/11/1989 | Waiver of LA 88-104 (this section) provisions in case of Groundman temporarily assigned to Mapper position for six months. Division needs to hire behind him for duration of the assignment; in event contracting exists when he returns, this will give ability to effect Title 206 provisions. |
| ARB 147 | 9/6/1989 | Multitude of cases referred as part of Arbitration Case No. 147 returned for settlement by Ad Hoc Committee as per Item 6 of LA 88-104 (Section 207.2). As LA 88-104 does not have retroactive application, all cases closed without adjustment. See 2.1. |
| ARB 147 | 8/23/1989 | Multiple cases returned to Local Investigating Committees for review in light of factors listed in RC 1637 (this section) to determine if joint employer status exists. See also 2.1. |
| LA 89-144 | 8/9/1989 | Waiver of LA 88-104 (this section) provisions for purpose of returning Groundman to work upon completion of leave of absence to complete schooling. See 101.1. |
| RC 1671 | 8/8/1989 | No adjustment in case of non-filling of vacancy of Electric Crew Foreman in Redding when T&D work is being contracted elsewhere in system - issue arose before signing of LA 88-104 (this section). Also outlines when/when not non-PGE personnel may or may not hold clearances, non-tests. See also 105.1. |
| LA 89-142 | 8/3/1989 | Transfer of Lead Building Mechanic position from Storrie, De Sabla Division to Northern Area Hydro, Electric Supply Business Unit, with change of reporting headquarters and business unit in compliance with LA 88-104 (this section); appropriate adjustment to be made to 09/01/88 headcount. Position is considered within DeSabla Division, Sacramento Valley Region as well as Hydro Region for purposes of Title 205 and Title 206. See 609.3. |
| Union Memo | 6/20/1989 | Provisions of 88-104 would be violated if PG&E regions assigns work to GC and GC in turns elects to contract out the work. |
| LA 89-118 | 6/19/1989 | Amendment to attachment to LA 88-104 (this section), adding Telecommunications under Electric group to listing of departments to be used in conjunction with LA 88-104. |
| P-RC 1278 | 5/10/1989 | No violation of Agreement occurred when Company hired retired employee through a temporary agency. Use of the employee was for less than 90 days and in compliance with the decision in RC 1637. See also 2.1. |
| LA 89-86 | 4/24/1989 | Painter will be allowed to stay additional 5 months to planned retirement date rather than being displaced due to manpower reductions; upon retirement, Company may eliminate his position, even if contracting within the department has begun in the interim. Should he fail to retire at planned time, he will be displaced per Title 206 and Company may eliminate his position. See also 206.12. |
| P-RCs 1105 1125 1279 | 4/14/1989 | No violation of Agreement in three instances of use of contract crews in all-hands storm situations; regions may arrange for contractor assistance after all local resources have been exhausted. See also P-RC 757 (Section 212.11), 2.1, and 212. |
| ARB 147 LA 88-104 | 9/2/1988 | ARB 147 resolved by LA 88-104 which interprets 207.2: 1) Company will fully utilize bargaining unit before contracting out work, 2) protects employees from being laid off, or work force being reduced in department where work is contracted out, and 3) restricts non-bargaining unit employees who re-enter bargaining unit. |
| LA 88-94 | 6/14/1988 | Using ARB 142's (24.5) guidelines, Company may hire outage contractors during outages and related technical difficulties at DCPP for 110 workdays for Technical classifications and 90 days for all other classifications. See 603 and Clerical 24.5. |
| LA R2-87-202 | 5/23/1988 | During the listed DCPP refueling outage situations, Company may hire outage contract workers for a maximum of 90 days. See 603 and Clerical 24.5. |
| RC 1656 | 3/31/1988 | Company's contracting out of disconnect warnings to delinquent customers prior to LA 88-25 (this section) was a violation of Section 24.5 of the Clerical contract, since the contracting out was not for a limited time, nor was the Union notified. See Clerical 24.5. |
| LA 88-25 | 2/22/1988 | Following RC 1656 (this section), agreement reached 5-31-88 that is within guidelines of Section 24.5 of the Clerical Contract to permit outside agency to mail 48-hour disconnect notices to delinquent customers. See Clerical 24.5. |
| P-RC 1214 | 1/14/1988 | Following precedent setting joint employer decision ARB 149/RC 1637, Company will cease and desist using Bechtel and Waltek employees as Materialsmen at Diablo. See 2.1. |
| P-RC 1207 | 12/22/1987 | Company would have been required to release Agency employee after joint employer ARB 149/RC 1637 (2.1) decision, so this case rendered moot by that decision. Case had questioned whether or not Union could grieve an Agency employee's release as a discharge, since PG&E was joint employer of employee. See 2.1. |
| ARB 149 RC 1637 | 10/12/1987 | Using agreed-to guidelines, Company was found to be a joint employer of contract or agency employees with the outside contractor or agency. Company will cease and desist. Decision at RC level includes consequences if situation recurs. See 2.1 and Clerical 24.5. |
| LA R1-87-36 | 6/3/1987 | As a result of ARB 142 (this section), former agency employees are now on PG&E payroll. Use of temporary agency employees shall be limited to 90 workdays for Clerical and 110 for Technical classifications. See 2.1, 7.2, 106.5 and Clerical 24.5. |
| P-RC 1185 | 4/17/1987 | In without prejudice decision, Company will cease and desist the contracting out of mail delivery between Company facilities. See 2.1. |
| P-RC 1189 | 4/17/1987 | In case similar to P-RC 1185, Company agreed to stop contracting out of mail delivery between Company facilities. See 2.1. |
| ARB 142 | 9/29/1986 | Work assignments to agency employees by Company violated Agreement. See LA 87-36 (this section) for remedy. See 2.1 and Clerical 24.5. |
| LA R1-85-95 | 8/6/1985 | Attached Contract Compliance Manual regarding the activities of the B.U. classifications involved in the contracting activities, as well as pre- and post-check jobs, negotiation with contractors and the associated contract administration work. |
| PG&E Ltr. | 4/30/1985 | Policy for Contracting Engineering - Estimating and Construction Work. |
| RC 1557 | 9/22/1983 | Since there is no language in contract prohibiting contracting out, case concerning contracting out of work previously performed by GC is closed without adjustment or prejudice to Union's position. See 7.1. |
| P-RC 649 | 10/8/1981 | No violation of agreement occurred when Company hired Pinkerton Guards to test an alarm system at Diablo Canyon Power Plant. See 603.4. |
| P-RC 614 | 7/1/1981 | No violation of agreement occurred when Company assigned outside vendor to perform emergency roadside repairs. See 212.1. |
| FF 1865 | 3/26/1981 | Relates to the Co's. utilization of outside contractors to perform Equipment Operator duties in the Diablo Dist., Gas T&D, Concord. |
| FF 1799 | 2/3/1981 | The propriety of Co. utilizing GC and contractors to perform Equip. Operator functions is not a violation of the labor agmt. |
| P-RC 333 | 1/13/1978 | Outside Company delivering materials, Colgate Division. |
| P-RC 257 | 1/5/1977 | Labor Agreement not violated by lease of truck with driver. See 206. |
| P-RC 165 | 7/1/1975 | Shipping transformers by outside carrier. |
| RCs 969, 970 | 2/18/1971 | Proper to use contractor's tree trimming crew to patrol for bad trees during outage if all employees who normally perform, or have performed this function, have been utilized. See 212.1. |
| RC 397 | 8/23/1963 | Violation of the agmt. in contracting for and obtaining the services of an employee of the Davey Tree to drive a truck and perform other work as part of the complement of a Company's line crew. |