Common use of Construction Agreement Clause in Contracts

Construction Agreement. A competitive environment requires both labor and management to seek the best ways to do electric and gas construction work. To meet this challenge Illinois Power management is responsible for making proper business decisions while labor is committed to making a good faith effort to compete against external and internal forces. It is agreed that the only practical way to continue construction in-house is under the terms contained in this document. It is understood all reference to systems or construction in this document only refers to Gas or Line Department employees. Construction employees will be eligible for systems overtime when: 1) no systems employees are available to respond; 2) in emergency situations; or, 3) when working with systems and the job assignment results in an overtime situation. Construction employees will not be placed on the first responders or systems callout list. It is understood that construction employees may be used to perform work normally performed by systems employees. TEMPORARY VACANCIES ON AN EXISTING CONSTRUCTION CREW Systems employees will be allowed to declare, on a yearly basis, an interest in temporary construction assignments. In April of each year all areas will post a sheet requesting volunteers from systems who will work under the terms of this agreement as described below: 1. A systems employee(s) may, based on the systems needs of service, be assigned to fill in for vacancies on a construction crew. 2. No systems employee will be required to job site report more than three months in any year. 3. An Oversight Committee will establish the minimum amount of volunteers per area. 4. Should no volunteer accept a construction assignment then the least senior systems employee will be required to do so. 5. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. SYSTEMS CREWS A Systems Crew may job site report when the following conditions are met: 1. Construction crews are tied up. 2. There is insufficient Systems work for all Systems Crews. 3. Systems employee(s) who form a reporting crew will do so for a minimum of five days, and will only job site report to one location that week. Systems employees who job site report may elect to begin and end the job from their service area headquarters. 4. Selection will be made from the volunteer list first. 5. Should no volunteer accept a construction assignment then the least senior Systems employee will be required to do so. 6. This will be limited to one crew at a time per service area. 7. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. GENERAL XXXXXXX 1. The General Xxxxxxx will be determined by posting an interest list for seven (7) calendar days in the RCP(s) over which he/she will have authority. To qualify, the employee must have been an Illinois Power Company Journeyman for at least three (3) years. A twenty-five point system will be utilized to determine the interviewees for the position of General Xxxxxxx as follows: ▪ Service Area Department Seniority will account for a maximum of five points. ▪ 5 years 1 point ▪ 6 - 10 years 2 points ▪ 11 - 15 years 3 points ▪ 16 - 20 years 4 points ▪ 21 years or more 5 points ▪ Absence (non-FMLA past 12 months) will account for a maximum of five points. ▪ 4% or less 1 point ▪ 3% or less 2 points ▪ 2% or less 3 points ▪ 1% or less 4 points ▪ 0% 5 points ▪ Overtime response (past 12 months) will account for a maximum of five points. ▪ 10% - 20% 1 point ▪ 20.1% - 30% 2 points ▪ 30.1% - 40% 3 points ▪ 40.1% - 50% 4 points ▪ Over 50% 5 points ▪ Safety (past 3 years) will account for a maximum of five points.

Construction Agreement. A competitive environment requires both labor and management to seek the best ways to do electric and gas construction work. To meet this challenge Illinois Power management is responsible for making proper business decisions while labor is committed to making a good faith effort to compete against external and internal forces. It is agreed that the only practical way to continue construction in-house is under the terms contained in this document. It is understood all reference to systems or construction in this document only refers to Gas or Line Department employees. Construction employees will be eligible for systems overtime when: 1) no systems employees are available to respond; 2) in emergency situations; or, 3) when working with systems and the job assignment results in an overtime situation. Construction employees will not be placed on the first responders or systems callout list. It is understood that construction employees may be used to perform work normally performed by systems employees. TEMPORARY VACANCIES ON AN EXISTING CONSTRUCTION CREW Systems employees will be allowed to declare, on a yearly basis, an interest in temporary construction assignments. In April of each year all areas will post a sheet requesting volunteers from systems who will work under the terms of this agreement as described below: 1. A systems employee(s) may, based on the systems needs of service, be assigned to fill in for vacancies on a construction crew. 2. No systems employee will be required to job site report more than three months in any year. 3. An Oversight Committee will establish the minimum amount of volunteers per area. 4. Should no volunteer accept a construction assignment then the least senior systems employee will be required to do so. 5. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. SYSTEMS CREWS A Systems Crew may job site report when the following conditions are met: 1. Construction crews are tied up. 2. There is insufficient Systems work for all Systems Crews. 3. Systems employee(s) who form a reporting crew will do so for a minimum of five days, and will only job site report to one location that week. Systems employees who job site report may elect to begin and end the job from their service area headquarters. 4. Selection will be made from the volunteer list first. 5. Should no volunteer accept a construction assignment then the least senior Systems employee will be required to do so. 6. This will be limited to one crew at a time per service area. 7. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. GENERAL XXXXXXX 1XXXXXXX The General Xxxxxxx will report to the Operations Manager and work closely with the Electric or Gas Operations Supervisor responsible for Construction. The General Xxxxxxx is a working position when needed. The General Xxxxxxx may start and finish his/her day at home and may be assigned a Company vehicle for use in the performance of his/her duties. The duties of the General Xxxxxxx will include, but not be limited to, daily scheduling of crews, crew make-up, and work assignments; realignment of crews and allocation of resources during regular working hours; contacting employees for prearranged and continuation overtime; ensuring job site readiness and equipment and material availability; fostering a safe, efficient, and productive work environment; maintaining a positive relationship with customers and employees; and assisting crews as needed and/or as time permits. However, the General Xxxxxxx will not have the right to hire, fire, or administer discipline. The General Xxxxxxx will remain on the Construction overtime list and be determined eligible for all overtime opportunities. Temporary vacancies in this classification, if filled, will be assigned by posting an utilizing the initial interest list of those who met the qualifications when the position was permanently filled. The General Xxxxxxx will work a straight eight (8) or ten (10) hour shift, consistent with the work schedule in their RCP. Unless changed through negotiations, meal periods will be two (2) hours after the end of their regular hours and every six (6) hours thereafter. The noon meal will be handled the same as for seven (7) calendar days Emergency Troublemen under the Systems Agreement. Calendar week vacancies in the RCP(s) over which he/she Construction General Xxxxxxx classification will have authority. To qualify, the employee must have been an Illinois Power Company Journeyman for be filled provided they are known by management at least three (3) years. A twenty-five point system four (24) hours prior to the end of the last working day of the previous week. JOB SITE REPORTING The minimum requirements for a reporting location are: A. An enclosed structure heated in the winter. B. Available toilet facilities. C. Accessible by a hard surface road. D. Reporting location must be within a 50 mile radius, or closer, to the employee's RCP. HOURS AND DAYS OF WORK Construction crews may work an 8 or 10 hour day. In the event a 10 hour day is worked it will be utilized to determine under the interviewees for the position of General Xxxxxxx as followsfollowing conditions: ▪ Service Area Department Seniority Schedule M-Th or T-F. ▪ Time and one-half will account for be paid prior to the normal starting time or after the normal quitting time and on M, F or S when it is a maximum of five pointsday off. ▪ 5 years 1 point ▪ 6 - 10 years 2 points ▪ 11 - 15 years 3 points ▪ 16 - 20 years 4 points ▪ 21 years or more 5 points ▪ Absence (non-FMLA past 12 months) Starting time will account for a maximum of five pointsbe no earlier than 6:30 AM and no later than 7:30 AM. ▪ 4% or less 1 point ▪ 3% or less 2 points ▪ 2% or less 3 points ▪ 1% or less 4 points ▪ 0% 5 points ▪ Overtime response Sick time and vacation will be charged in 10 hour increments (past 12 months) will account for a maximum of five points8 hour waiting period is not changed). ▪ 10% - 20% 1 point A holiday when not worked, jury duty, and funeral leave will be paid in 10 hour increments. ▪ 20.1% - 30% 2 points When a holiday falls outside the normal scheduled work week, then an additional 8 hours of holiday pay will be paid. ▪ 30.1% - 40% 3 points ▪ 40.1% - 50% 4 points ▪ Over 50% 5 points ▪ Safety (past 3 years) will account for A majority of employees in a maximum of five pointscrew must agree to the 10 hour shift.

Construction Agreement. A competitive environment requires both labor and management to seek the best ways to do electric and gas construction work. To meet this challenge Illinois Power management is responsible for making proper business decisions while labor is committed to making a good faith effort to compete against external and internal forces. It is agreed that the only practical way to continue construction in-house is under the terms contained in this document. It is understood all reference to systems or construction in this document only refers to Gas or Line Department employees. Construction employees will be eligible for systems overtime when: 1) no systems employees are available to respond; 2) in emergency situations; or, 3) when working with systems and the job assignment results in an overtime situation. Construction employees will not be placed on the first responders or systems callout list. It is understood that construction employees may be used to perform work normally performed by systems employees. TEMPORARY VACANCIES ON AN EXISTING CONSTRUCTION CREW Systems employees will be allowed to declare, on a yearly basis, an interest in temporary construction assignments. In April of each year all areas will post a sheet requesting volunteers from systems who will work under the terms of this agreement as described below: 1. A systems employee(s) may, based on the systems needs of service, be assigned to fill in for vacancies on a construction crew. 2. No systems employee will be required to job site report more than three months in any year. 3. An Oversight Committee will establish the minimum amount of volunteers per area. 4. Should no volunteer accept a construction assignment then the least senior systems employee will be required to do so. 5. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. SYSTEMS CREWS A Systems Crew may job site report when the following conditions are met: 1. Construction crews are tied up. 2. There is insufficient Systems work for all Systems Crews. 3. Systems employee(s) who form a reporting crew will do so for a minimum of five days, and will only job site report to one location that week. Systems employees who job site report may elect to begin and end the job from their service area headquarters. 4. Selection will be made from the volunteer list first. 5. Should no volunteer accept a construction assignment then the least senior Systems employee will be required to do so. 6. This will be limited to one crew at a time per service area. 7. Systems employees assigned to Job Site Reporting will remain on the Systems Standardized Overtime List. GENERAL XXXXXXX 1. The General Xxxxxxx will be determined by posting an interest list for seven (7) calendar days in the RCP(s) over which he/she will have authority. To qualify, the employee must have been an Illinois Power Company Journeyman for at least three (3) years. A twenty-five point system will be utilized to determine the interviewees for the position of General Xxxxxxx as follows: ▪ Service Area Department Seniority will account for a maximum of five points. ▪ 5 years 1 point ▪ 6 - 10 years 2 points ▪ 11 - 15 years 3 points ▪ 16 - 20 years 4 points ▪ 21 years or more 5 points ▪ Absence (non-FMLA past 12 months) will account for a maximum of five points. ▪ 4% or less 1 point ▪ 3% or less 2 points ▪ 2% or less 3 points ▪ 1% or less 4 points ▪ 0% 5 points ▪ Overtime response (past 12 months) will account for a maximum of five points. ▪ 10% - 20% 1 point ▪ 20.1% - 30% 2 points ▪ 30.1% - 40% 3 points ▪ 40.1% - 50% 4 points ▪ Over 50% 5 points ▪ Safety (past 3 years) will account for a maximum of five points.three