Article 26

ARTICLE 26

Environmental, Health & Safety

Section 1.

(a) The total number of Union EHS Representatives shall be determined by applying a formula of one (1) Union EHS Representative for every one hundred and forty (140) employees in the bargaining unit by site, as set forth in Article 2. The number of Union EHS Representatives assigned to any site shall not exceed a ratio of one (1) Union EHS Representative for each one hundred and twenty (120) bargaining unit employees at that site, subject to the overall limitation of one Union EHS Representative per one hundred and forty (140) employees set forth above.

(b) Should the number of Union EHS Representatives exceed the limitation set forth in Paragraph above, the Company shall so inform the Union in writing. The Union shall thereupon promptly notify the Company, in writing, of the revisions in Union EHS Representative assignments required by such limitation. Failure of the Union to so notify the Company within ten (10) days (excluding Saturdays, Sundays and holidays) shall automatically reduce the number of Union EHS Representatives to the required level by canceling Union EHS Representative appointments on the basis of seniority as defined in Article 8, starting with the least senior Union EHS Representative. However, if the requirement to reduce the number of Union EHS Representatives is caused by a reduction in the workforce, the Company agrees the affected Union EHS Representatives will remain in their position for the duration of their appointment.

(c) The Union will notify the Company of the assignments and shifts of the Union EHS Representatives and, upon request of the Company, will discuss these assignments and shifts to ensure coverage for all shifts and areas.

(d) Union EHS Representatives shall be active employees of the Company. No employee shall act as a Union EHS Representative unless at the time of his or her selection he or she has not less than twelve (12) months' seniority as defined in Article 8.

Section 2.

(a) Employees are expected to routinely take up with their supervisor any safety issues which may arise in the immediate work area.

(b) Any employee recognizing an environmental, health or safety hazard or a situation which the employee reasonably believes has the potential of causing serious physical harm or injury, may request the services of a Union EHS Representative from his or her supervisor. Under normal conditions and subject to the availability of the Union EHS Representative, the employee’s request will be given to the appropriate Union EHS Representative within two (2) hours from the request. In the event that an employee or Union EHS Representative reasonably believes that he or she is in imminent danger of serious injury or death from a hazardous condition in the workplace, the employee or Union EHS Representative shall remove him or herself from harm and have the rights afforded to him or her under federal and state law. Further, subject to a review by a Union EHS Representative and a Company Environmental Health & Safety professional or supervisor, appropriate steps will be taken to eliminate the hazard including, if necessary, shutting down the job.

(c) Any EHS issue which the supervisor of the area has no authority to settle will be reduced to writing and submitted to EHS Site Manager, who will assign the written complaint to the proper Module Center General Manager. Such EHS issues will be discussed at Level Two, as provided for below, and within five (5) days of submission.

(d) The supervisor will give his or her answer at this oral level to the Union EHS Representative, within three (3) working days. Any unresolved environmental health and safety issues will be reduced to writing by the Union EHS Representative on the form provided by the Company. The following procedure will be followed.

Level One Meeting:

Within three (3) working days of receipt of a written Environmental Health & Safety (hereafter referred to as “EHS”) complaint, a meeting will be convened between the Union EHS Representative, the employee, the responsible business unit manager and the supervisor to discuss the issue. At the request of either party, a representative of the EHS organization may be present at this meeting. The answer to the complaint will be given by the responsible business unit manager within three (3) working days of the meeting. The Union EHS Representative will have three (3) working days to accept or appeal the answer.

Level Two Meeting:

Within five (5) working days of the Union EHS Representative’s appeal, a meeting will be held between the Chief Union EHS Representative, the Union EHS Representative, the manager EHS (or his or her designee) and the module center general manager (or his or her designee) to discuss the issue. The answer to the complaint will be given within five (5) working days of the meeting. The Union may process unresolved issues to the Committee of Management in accordance with Article 7, Written Step 2, paragraph (a).

(e) Any disposition of an EHS complaint accepted by the Union or from which no appeal has been taken, is final, conclusive and binding upon all employees, the Company and the Union.

(f) Time spent in attendance at meetings covered by Section 2 during the Union EHS Representative’s scheduled working hours shall be recorded and paid for not exceeding four (4) hours in any workweek.

(g) The following type of EHS complaints shall be presented initially at this step of the complaint procedure: an EHS complaint which is individually submitted by five or more employees; EHS complaints that the business unit manager at the Level One Meeting of the complaint procedure lack the authority to settle; and non-compliance over previous dispositions in the complaint procedure.

Section 3. When the Company and a Union EHS Representative mutually agree, a Union EHS Representative will be allowed to observe the conditions giving rise to a problem in the presence of management representatives where such observations are essential to the evaluation of a problem. No reasonable requests will be refused.

Section 4. As necessary, but not more frequently than once a month, the Chief Union EHS Representative will, upon request, meet with the Manager EHS, or his or her designated representative, to discuss general environmental, health and safety issues.

Section 5. No less than quarterly the Chief Union EHS Representative, upon request, will be provided a walk-around tour by the Module Center General Manager (or an individual in a similar management position), the appropriate Manager, Human Resources or designee, and a representative of the EHS organization. If so desired, the Chief Union EHS Representative may request a reasonable number of Union officials be permitted to accompany the tour. Such requests, made to the appropriate manager, human resources, will not be unreasonably refused. Of the four quarterly meetings, two (2) will be conducted on first shift, one (1) will be conducted on second shift and one (1) will be conducted on third shift. All Union EHS Representatives and Union officials, if employees, will be paid up to eight (8) hours at their base hourly rate plus cost-of-living allowance and shift premium, if any, for their attendance. Thirty days following the walk-around, the Chief EHS Representative will be permitted to review open items from the walk-around with the appropriate management representative.

Section 6. Semiannually, upon request, meetings will take place between the Union EHS Representatives and representatives of EHS to discuss items of mutual concern. Union EHS Representatives will be paid at their base hourly rate plus cost-of-living allowance and shift premium, if any, for their attendance. It is also agreed the Union EHS Representatives will be paid up to four (4) hours at their base hourly rate plus cost-of-living allowance and shift premium, if any, to attend a meeting among themselves prior to the semiannual meetings.

Section 7. Quarterly meetings will be held between representatives of the Company’s site EHS organization and the District 26 Union EHS Coordinator and the Chief Union EHS Representatives to discuss strategy, planning and pro-active issues. All Union officials, if employees, will be paid up to four (4) hours at their base hourly rate plus cost-of-living allowance and shift premium, if any, for their attendance. It is also agreed the Union officials, if employees, will be paid up to four (4) hours at their base hourly rate, plus cost-of-living allowance and shift premium, if any, to attend a meeting among themselves prior to such meetings.

Section 8. The Union may present to the Company for its review and approval, appropriate safety training courses, sponsored by the IAM or other organizations, for employees serving as Union EHS Representatives. The Company, upon its approval, will pay for the affected employees’ lost time for attendance at such courses.

Section 9. As employees of Pratt & Whitney, the Chief Union EHS Representative and Union EHS Representatives from each Local Lodge will be indemnified by United Technologies Corporation when acting lawfully; in the scope of his or her employment as EHS Representative; in good faith; and in a manner he or she reasonably believes to be in, or not opposed to, the best interests of the Corporation.

Section 10. In the event that a spill or accident occurs on Company property, the Union will be notified in accordance with the following procedure:

(a) For Class 1 incidents (minor spills that can be immediately cleaned up and pose no damage to any worker, equipment or the environment) the appropriate Union EHS Representative will be directly notified within twenty-four (24) hours.

(b) For Class 2, 3, and 4 incidents and/or serious injuries/fatalities, the appropriate Union EHS Representative will be notified immediately in accordance with emergency notification procedures. In the event the incident occurs during the weekend or on holidays, the Company will make every effort to contact the covering Union EHS Representative.

A copy of all accident and/or spill reports will be submitted to the applicable Chief EHS Representative or Union EHS Representative within twenty-four (24) hours of occurrence. The applicable Union EHS Representative may investigate the accident and time spent will be paid for by the Company.