INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

1 INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS Local 1990 Utility Board of the City of Key West Florida Keys Energy Services May 1, 2018 April 30, 2021 2 TABLE OF CONTENTS ARTICLE # NAME PAGE(S) Preamble .. 4 I .. Purpose .. 4 II .. Recognition and Representation .. 4 III .. Management Rights .. 5-7 IV .. Scope of Agreement .. 7 V .. Check Off: Authorization and Assignment .. 8 VI .. General Working Conditions .. 9-10 VII .. Hours of Work and Overtime .. 11-13 VIII .. Wages and Job Classification .. 14 IX .. On-Call/Stand-By Assignments .. 14-16 X .. Vacation Leave .. 17-19 XI .. Holidays .. 19-20 XII .. Sick Leave .. 21-23 Job Related Accident/ WORKERS Compensation .. 23-24 XIV .. Military Leave .. 24 XV .. Jury Duty Leave .. 24-25 XVI .. Bereavement Leave .. 25 XVII .. Union 25 XVIII .. Time Off For Union Business .. 26 XIX.

2 Safety and Health .. 26-27 XX .. Filling Jobs .. 27-28 XXI .. Layoff and Recall .. 28-29 XXII .. Grievances and Arbitration .. 29-31 XXIII .. No Strike - No Lockout .. 31-32 XXIV .. Non-Discrimination .. 32 XXV .. Bulletin Boards .. 32 XXVI .. Training .. 32-33 XXVII .. Disciplinary Action and Discharge .. 33 XXIX .. Duration .. 34-37 XXXII .. Rules and Regulations .. 37 XXXIII .. Drug Free Workplace Policy .. 37 XXXIV .. Employee Performance Evaluations .. 38 XXXV .. Emergencies .. 38 XXXVI .. Establishing and/or Revising Jobs .. 38 XXXVII .. Employee and Union Cooperation .. 39 3 XXXVIII .. Probation .. 39 Time EXHIBIT "A .. Guidelines for Application of EXHIBIT A .. Longevity Pay EXHIBIT A .. Pay EXHIBIT B .. Guidelines for 4 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS PREAMBLE THIS AGREEMENT, entered into this 8th day of August, 2018, between the Utility Board of the City of Key West, hereinafter referred to as Keys Energy Services (KEYS) and Local Union 1990 of the INTERNATIONAL BROTHERHOOD of ELECTRICAL WORKERS , AFL-CIO, hereinafter referred to as the Union, representing employees in the bargaining unit, hereinafter referred to as employee, or employees.

3 And in consideration of the premises herein contained, it is mutually agreed that: ARTICLE I PURPOSE This Agreement is designed to provide the framework for orderly collective bargaining relations, to secure prompt and equitable disposition of grievances, to establish wages, hours and other working conditions, to maintain a harmonious relationship between KEYS and the Union and to prevent strikes and lockouts. All employees covered by this agreement shall have the right to join or not to join the Union. Neither KEYS nor the Union, its members or agents shall interfere with, restrain, or coerce employees into membership, or because of membership in the Union. The Union further agrees that neither it nor its members will engage in Union activities on KEYS time except as hereinafter expressly provided. The Union agrees that its members will at all times, individually and collectively perform efficient work and put forth their best efforts toward obtaining the lowest possible operating cost to protect the properties and serve the best interest of KEYS.

4 Employees working within the classifications listed in Exhibit A will normally perform all of the work usually performed by employees so classified, except, however, when it becomes necessary, employees may, if qualified or trainable, be required to perform duties of another classification. ARTICLE II RECOGNITION AND REPRESENTATION KEYS recognizes the rights of its employees to bargain collectively through representatives of their choosing. KEYS recognizes the Union as the exclusive collective bargaining agent for all employees of KEYS working in the classifications listed in EXHIBIT "A" attached hereto. KEYS agrees to meet with the Union and bargain collectively in the determination of the rates of pay, hours of work, and all other terms and conditions of employment for employees within the bargaining unit, upon the third anniversary of this Agreement.

5 5 ARTICLE III MANAGEMENT RIGHTS The Union and its members recognize and agree that the Employer has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, unless otherwise provided herein, the Employer specifically, but not by way of limitation, reserves the sole and exclusive right to: (a) decide the scope of service to be performed and the method of service; (b) hire (including the right to refrain from hiring) and/or otherwise determine the criteria and standards of selection for employment; (c) fire, demote, suspend or otherwise discipline for just cause; (d) promote and/or otherwise establish a fair criteria and/or procedure for promotions within and without the bargaining unit, subject only to contrary provisions contained in this Agreement covering the issue of promotion; (e) transfer employees from location to location and from time to time; (f) layoff and/or relieve employees from duty due to lack of work or for a legitimate reason; (g) rehire employees.

6 (h) determine the starting and quitting time(s) and the number of hours and shifts to be worked including the need for overtime work, subject only to contrary provisions in this Agreement; (i) determine the allocation and content of job classifications; (j) assign and/or reassign employees; (k) formulate and/or amend job descriptions; (l) merge, consolidate, expand, curtail or discontinue operations, temporarily or permanently, in whole or in part, whenever, in the sole discretion of the Employer when a good business judgment makes such curtailment or discontinuance advisable; (m) contract and/or subcontract any existing or future work for any reason, provided the same does not have the effect of abolishing jobs, causing layoffs, or does not affect the base pay earnings of the present employees; (n) expand, reduce, alter, combine, assign or cease any job; (o) determine whether and to what extent the work in its operation shall be performed by employees covered by this Agreement; 6 ARTICLE III (Continued) MANAGEMENT RIGHTS (p) control the use of equipment and property of the Employer; (q) determine the number, location, and operation of headquarters, annexes, plants, substations and/or divisions thereof; (r) schedule and assign the work to the employees and determine the size and composition of the work force; (s) determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment.

7 (t) take whatever action may be necessary to carry out the mission and responsibility of the Employer, in unusual and/or emergency situations; (u) formulate, amend, revise and implement policies, procedures, rules and regulations; (v) establish, amend, revise and implement any programs and/or procedures; (w) require employees to observe and obey the Employer's policies, procedures, rules and regulations. The above rights of the Employer are not all-inclusive but indicate the type of matters or rights, which belong to and are inherent to the Employer in its general capacity as management. Any of the rights, powers, and authority that the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as specifically abridged, delegated, granted or modified by this Agreement. If the Employer fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the Employer's right to exercise any or all of such functions.

8 The foregoing rights of management are subject to the applicable terms of this Agreement and will not be exercised in an arbitrary or capricious manner. All rights of management not expressly and specifically limited by this Agreement are hereby reserved exclusively to KEYS and are not to be subject to arbitration. 7 ARTICLE III (Continued) MANAGEMENT RIGHTS Each new employee shall be considered a probationary employee until he/she has completed six (6) months of continuous employment with KEYS and will not be covered by the terms of this Agreement except those in Articles 5, 6, 7, 8, 9, 11, 13, 14,15, 19, 23, 24, 26, 32, 33, 35, and 38. Except the termination of such employees will not be subject to the arbitration provision of Article 22. During the probationary period, his/her retention as an employee is solely at the discretion of KEYS, but upon the completion of the probationary period, the employee shall be considered as a regular employee and subject to all the provisions of this Agreement.

9 Effective for any employees hired after the date this 2018-2021 Agreement is ratified by the Board, those employees shall accrue sick and vacation leave from the date of hire but shall not be eligible to use any sick leave or to use or be compensated in any way for any vacation leave until the employee successfully completes the probationary period and becomes a regular employee. ARTICLE IV SCOPE OF AGREEMENT This Agreement shall apply to and cover all employees working in the Departments and classifications listed in EXHIBIT "A". It is agreed that all negotiable matters to be proper subjects for collective bargaining between KEYS and the Union are included in this Agreement, including any extension of its terms. No further or other matters pertaining to rates of pay, wages, hours, or other working conditions whether or not covered by this Agreement shall be subject to further negotiations, except that it may be amended at any time, as provided for in Article Should any provisions of this Agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation - - either Federal, State and/or Local - or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement.

10 The parties will meet within thirty (30) days in order to negotiate a successor provision. The Non-Contributory Group Retirement Plan and Group Insurance Plan covering bargaining unit employees are subject to change through collective bargaining. Employees hired on or after June 1, 2010 will receive the same baseline assumptions and methods except that their retirement calculations for average final compensation will be based on a career average formula with a annual accrual rate for each year of credited service. However, it is agreed and understood that no change to and/or disputes over the application of said plan is subject to the grievance/arbitration provisions of this Agreement. 8 ARTICLE V CHECK OFF: AUTHORIZATION AND ASSIGNMENT Upon receipt of a lawfully executed written authorization from an employee within the bargaining unit, KEYS agrees to deduct the regular dues of the Union for such employee from his/her pay once per month and remit such deduction to the duly elected Financial Secretary of Local 1990, within ten (10) days from the date of deduction.