* FOOTER B containing document name is located here

AGREEMENT

between

STE/NE ACQUISITION CORP. d/b/a NORTHLAND TELEPHONE COMPANY OF VERMONT

and

LOCAL UNION 2326

of the

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

(AFL-CIO)

Effective: February 17, 2005

AGREEMENT

This Agreement made by and between Northland Telephone Company Vermont, Inc. its successors or assigns, by consolidation, merger, sale or transfer, (hereinafter called the "Company") and Local Union 2326 of the International Brotherhood of Electrical Workers affiliated with the American Federation of Labor - Congress of Industrial Organizations,(hereinafter called the "Union").

The parties recognize that the Company is of vital importance to the communities which it serves and the Company is engaged in a business which is highly competitive and undergoing substantial technological change which it must accommodate and adapt to; and

To promote harmonious relationships, the parties hereto desire to establish a standard of conditions and procedures under which the employees shall work for the Company during the term of this Agreement, to establish rational, systematic methods for the settling of disputes by peaceful means, and to provide for rates of pay, hours of work, and other conditions of employment for such employees.

This Agreement shall be subject to amendment at any time by mutual consent of the parties hereto. Such amendment shall be reduced to writing, state the effective date, and be excused and approved by the International Office of the Union in the same manner as is this Agreement.

In consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the receipt of which is hereby acknowledged, the Company and the Union hereby agree as follows:

ARTICLE 1

UNION RECOGNITION

The Union having been certified by the National Labor Relations Board is recognized by the Company as the sole and exclusive bargaining representative with respect to rates of pay, hours, and other conditions of employment for all bargaining unit employees of the Company excluding all supervisory personnel; professional employees, including engineers; departmental secretaries and clerks performing confidential duties for the Employer; guards; and temporary employees.

NON DISCRIMINATION

It is the continuing policy of the Company and the Union that the provisions of this Agreement shall be applied to all covered employees without regard to race, color, creed, religion, age, national origin, sex, disability or Veteran status.

ARTICLE 2

DEDUCTION OF UNION DUES

2.1 The Company agrees to make weekly deductions (or biweekly deductions at such time that the company converts to biweekly payroll of Union dues (not including initiation fees or fines) for any employee submitting a signed payroll deduction authorization form to the Company and to pay over to the local Union on weekly the total amount thus deducted for all such employees.

2.2 Collection of Union dues by payroll deduction for any employee will proceed only on the basis of specific written authorization signed by the individual employee and delivered to the Company. Such written authorization shall be on a form fully acceptable to the Company and standardized for the duration of this Agreement to the extent that such form complies with any requirement under law. Authorizations will continue in effect only during such periods as this Agreement is in effect and the authorization remains unrevoked by the employee.

1. The Company will submit on a weekly report to the Union a listing of employees for which dues are being withheld or are not being withheld.

2.3 The Union, by written notice given to the Company, may terminate with respect to any employee the obligation and right of the Company to make such deductions. The Company shall give notice of such termination to the employee.

1. It is understood and agreed that neither the Company nor any of its officers, agents, or employees shall in any way be held liable or responsible for any loss resulting from such termination as a result of non payment of dues.

ARTICLE 3

DEFINITIONS

3.1 EMPLOYEE as used in this Agreement refers to the employees of the company whose status is hereafter defined.

3.2 FULL-TIME REGULAR EMPLOYEE is an employee, other than a temporary employee, who is engaged to perform work of at least thirty (30) hours per week, has complied with all of the Company's standards for employment, has completed the introductory period and has been accepted by the Company upon the completion of the introductory period.

3.3 PART-TIME EMPLOYEES are employees, other than temporary employees, engaged to perform work of less than thirty (30) hours per week. Employees so classified have indicated without limitation, their availability to work any hours during the week. Part‑time employees who have completed their introductory period and have been accepted by the Company at the end of the introductory period are eligible for prorated holidays, personal days and vacation time. Also included are differential pay, premium pay, applicable meals, overtime after eight (8) hours. Seniority rights for part‑time employees shall only be exercised among part‑time employees.

3.4 TEMPORARY EMPLOYEES are those employees who are hired with the understanding that their employment is of a limited duration. Temporary employees have the same rights as an Introductory Employee for the duration of their employment.

3.5 INTRODUCTORY EMPLOYEE is a person who has been employed by the Company with the intent of continued employment and shall be classed as an introductory employee for a ninety (90) day period or its work time equivalent (the Introductory Period.) The Introductory period for employees who fail to meet minimum job requirements or employment standards at the end of ninety (90) days may be extended by the Company for an additional ninety (90) days in the same classification or in a different job classification.

1. With the exceptions of the wage schedule, holiday pay and relief periods, Introductory employees shall have no other rights or privileges under the terms of the Agreement.

2. During the Introductory period; the right to transfer, terminate or dismiss an Introductory employee shall be vested in the Company and shall not be subject to grievance or arbitration procedure.

3.6 SUPERVISOR means any employee of the Company performing supervisory functions as defined and set forth in the Labor Management Relations Act of 1947.

3.7 DAY means the twenty‑four (24) hour period between 12:01 A.M. and the succeeding midnight.

3.8 HOLIDAY means the twenty‑four (24) hour period between 12:01 A.M. on the holiday, or the day otherwise recognized as the holiday and the succeeding midnight.

3.9 SCHEDULED TIME For the purposes of arranging and posting work schedules for normal hours, and for the purpose of determining overtime hours worked, no employee shall be scheduled on a formal basis to work more than eight (8) hours in any day, nor more than forty (40) hours in one (1) work week nor more than the equivalent of five (5) eight (8) hour tours in any five (5) days within a work week. Such scheduling shall constitute the normal work schedule and shall be known as the employee's scheduled work time.

3.10 STRAIGHT‑TIME RATE means the employee's basic hourly rate including applicable premium or differential pay, if any.

3.11 DIFFERENTIAL PAY means an additional payment made on an hourly basis for those hours actually worked between 8:00 P.M. and 7:00 A.M. and payment made to those employees for performing temporary supervisory duties.

3.12 PAYROLL WEEK ‑ The payroll week is a period of seven (7) consecutive days commencing at 12:01 A.M. on Sunday and ending at midnight on the following Saturday.

3.13 LAID OFF means release of an employee from active employment because of available work insufficient to continue the employee’s services.

3.14 LEAVE OF ABSENCE is an excused absence from work in accordance with the terms of this Agreement or pursuant to applicable law.

3.15 RESIGNED refers to an employee who discontinues employment with the Company by his own choice.

3.16 DISCHARGED refers to an employee who has been released by the Company for proper cause.

3.17 LUNCH PERIOD shall mean not less than one‑half (1/2) hour or more than one (1) hour close to the midpoint of each regular eight (8) hour schedule

3.18 TEMPORARY TRANSFER refers to an assignment of an employee to another position or reporting center on a non-permanent basis.

3.19 PERMANENT TRANSFER refers to an assignment of an employee to a new position.

3.20 PREMIUM PAY means a payment to an employee in addition to their regular rate of pay, made/on a daily basis for work actually performed on company observed holidays.

3.21 SERVICE DATE is the employment anniversary date recognized in computing accredited service.

3.22 ACCREDITED SERVICE shall mean the aggregate of the years and months of active employment in the service of the Company that is recognized for service purposes. Accredited service shall include all active employment for which a wage or salary was paid, such as paid vacation, holidays, and jury duty and time lost due to military service or through service in the Armed Forces, and any additional excused absent time or leave of absence time that has been specifically approved for service credit purposes in accordance with the policy, procedures or published statements established by the Company.

1. Except as otherwise provided in this agreement, time lost through absences from work by reason of accident, disability or illness shall be considered as active employment during the periods that benefits are paid under the Company's Benefits Plan.

2. Accredited service for part‑time employees shall be computed on a proportionate basis according to annual scheduled hours worked as related to the normal full time work year.

3. Time lost through absences for Union business as approved in accord with Article 17 of this Agreement shall be considered as active employment for the purpose of computing accredited service.

3.23 BRIDGING OF SERVICE With respect to re-engaged employees with accredited service of 2080 hours or more since reengagement, their accredited service shall be increased to include all previous periods of six (6) months or more of full‑time employment with the Company.

3.24 USE OF MALE GENDER Throughout this Agreement, the use of masculine pronouns shall be constructed as including both sexes and not as sex limitations.

3.25 BARGAINING UNIT Anytime the words "Bargaining unit" are used, it shall be interpreted to mean Local Union 2326 as it exists on August 1, 1994.

3.26 SURPLUS Shall be defined as an excess of employees in a job classification. The Union shall be notified in writing that such a condition exists.

3.27 CALL OUT is defined as a call of a regular employee to perform work during non-scheduled hours.

ARTICLE 4

TRANSFERS AND PROMOTIONS

4.1 The Company may, in its discretion, transfer employees within the bargaining unit between jobs, tours, departments, and exchanges in conformity with the requirements of providing cost effective and efficient telephone service to its customers.

4.2 Job Vacancies - When there are job vacancies, the company shall post notices of such job vacancies, which shall indicate the job classification, location, hours of work, job duties and minimum qualifications pertaining to the job. The posting of a job vacancy will not require the Company to fill the job from within the bargaining unit. The Company may at its discretion use tests to assist in the determination of an employee’s qualifications. The form content and all other aspects of the tests shall be within the Company's discretion and shall not be within or subject to the grievance and arbitration procedures of the Collective Bargaining Agreement.

1. Bids shall be accepted by the Company during a period of eight (8) days from the date of posting of the notice of the vacancy. Employees who do not apply for a position will have no right to consideration for the job unless the Company otherwise considers them qualified. A copy of the notice of vacancy will be furnished to the Union.

2. Employees who have bid on a job vacancy shall be notified of the Company's decision within thirty (30) calendar days of the initial posting. The employee awarded the job should be placed in that job within sixty (60) days after the job has been awarded.

3. Any employee who bids laterally will be restricted from bidding laterally again for a period of one (1) year from the date that the employee is awarded the position.

4.3 The right to select employees for positions of supervisory, professional or confidential nature, which positions are excluded from this Agreement, is reserved to the Company at its sole discretion. However, nothing in this Agreement shall be construed to prevent the Company from promoting to supervisory, professional or confidential capacities, employees of particular merit or those deserving of the promotion.

4.4 When an employee is selected to fill a job vacancy, the Company shall have the right to assess the employees job performance before determining that the employee is qualified to perform the job. When the Company determines that the employee is suitably qualified for a position, the employee will be notified in writing by his immediate supervisor. This qualifying period will not exceed six (6) months, unless mutually agreed to by the Union and the Company.

4.5 If it is determined that an employee is not qualified, that employee at the Company’s option may be transferred to a new position or returned to their former position.

1. When an employee is permanently reclassified to a lower work classification for any reason, such employee's rate of pay will be reduced to the applicable wage schedule for the new classification.

4.6 If the employee is asked by the Company to transfer within Vermont to another work location and the transfer from the former work location to the new work location is greater than thirty-five (35) miles, and the employee moves more than thirty-five (35) miles, he will be eligible to receive a relocation amount of $2,500.

ARTICLE 5

WORK SCHEDULES

5.1 THE CALENDAR WORK WEEK is a period of seven (7) consecutive days commencing at 12:01 a.m. Sunday and ending at midnight on the following Saturday.

1. All part-time employees may be formally scheduled on any day for the actual number of hours for which work performance is required; not, however, to exceed eight (8) hours.

2. A formally scheduled tour of duty shall be considered as falling on that calendar day in which the majority of the hours of the scheduled tour occur. If the scheduled hours are equally distributed between the two (2) calendar days, the first of such days shall be considered as the day for which the tour is scheduled.

3. The formal tour of duty shall consist of not more than eight consecutive (8) hours in any one day, exclusive of a meal period. Each tour will include one unpaid meal period of 1/2 to 1 hour and two paid 15 minute breaks.

ARTICLE 6

MISCELLANEOUS TIME OFF

6.1 BEREAVEMENT LEAVE - Regular and part‑time employees shall be granted excused time off with pay, based on making arrangements for, attending a funeral of, or because of compelling legal matters directly related to the death of a member of the immediate family or any other relative actually living in the home of the employee, as outlined below. Such excused time shall be compensated at the basic hourly rate for the formally scheduled work hours actually lost. This excused time shall normally only be applicable through a period starting with the day of death and including the day following the burial. The employee shall select the day or days he desires to be absent within this funeral period.

1. There shall be a maximum four (4) days excused absence for the death of an employee's spouse, child (including stepchild and adopted child) or parents.

2. There shall be a maximum of three (3) days excused absence for the death of an employee's parents‑in‑law, brother, sister, step‑brother, step sister, step‑parents, legal guardian, grandparents or any other relative actually living in the home of the employee.

3. There shall be one (1) day excused absence for the death of an employee's son‑in‑law daughter‑in‑law, grand‑parents‑in‑law, brother‑in‑law, sister‑in‑law, aunt, uncle, or grandchildren subject to the same conditions as stated in Section 1 above.

4. If a funeral period occurs during an employee's vacation or holiday time, such employee shall have the right to cancel that portion of their vacation or holiday time that coincides with the funeral period as outlined in Section 1 above. All canceled vacation or holiday time can be taken at a later time mutually agreeable between the employee and the Company, but may not be carried over to the following calendar year.

6.2 JURY DUTY - Any regular employee shall be paid at the basic wage rate less remuneration received from the court for excused time off from work because of jury duty. Employees engaged in jury duty shall, while temporarily excused from attendance in court, report for scheduled duties during regular tours.

1. The Company will reschedule employees serving on Jury Duty to an 8:00 a.m. to 5:00 p.m., Monday through Friday work tour if service requirements permit. No overtime will be paid those employees as a result of any schedule changes.

6.3 APPEARANCE BEFORE CONSTITUTED AUTHORITIES - Any employee shall be paid at the regular wage rate, plus applicable premiums and differentials, for excused time off from work because of appearances before constituted authorities on behalf of the Company.

6.4 MILITARY SERVICE - All regular employees subject to reinstatement, and who are actually reinstated under the Uniformed Services and Employment and Reemployment Right Act of 1994, shall be granted immediately all Accredited Service as of the date of entry into military service plus credit for all lawfully recognized time in military service as defined in the aforementioned acts.

1. Regular employees with accredited service of one (1) year who are drafted or enlist in the armed forces of the United States, will be paid the difference between their total military pay including allotments and special pay and their basic Company pay for a period of three (3) months.

2. Regular employees who are members of a component of the armed forces either federal reserve or state national guard units and who are required to perform annual field training, will receive the difference in pay between their total military pay including allotments and special pay and their basic Company pay. Such difference in pay will be made up only for absence from formally scheduled hours and with a maximum of eighty (80) hours in any calendar year. A statement must be provided by the employee's commanding officer certifying the total amount of time and total compensation including allotments and special pay received for the period of absence.

A. An example of the computation follows: An employee earns $200 per week (Company basic pay) = $40.00 per day;

He earns $320 (total Military Pay including all special pay and allotments) for 15 days of military duty. 15 days of military pay = $21.33 per day.

He is absent from work for 10 days.

Computation; total military pay equals $21.33 per day x 10 days = 213.30

Total basic company pay equals $40.00 per day x 10 days = $400.00

The company will pay the employee the difference between $400.00 less $213.30 which is $186.70 owed to employee for the ten days.

3. Hazardous duty pay will be the only exception.

ARTICLE 7

OVERTIME

7.1 It is recognized that employees may be required to and will be expected to work overtime from time to time as needed.

7.2 The Company will make every reasonable effort to equalize overtime hours.

7.3 If an employee is working on a job and overtime is required, the employee will complete the job unless there is mitigating circumstances to release the employee.

7.4 Overtime is defined as:

1. All time worked in excess of eight (8) hours in any one (1) day. Excluded under this provision is time worked that is considered make‑up time.

2. All time worked in excess of forty (40) hours in a calendar workweek for which overtime has not been paid on a daily basis.

3. When a regular employee is required to come to work on his non‑scheduled day, all hours worked on that non‑scheduled day will be paid for at the time and one‑half rate. Excluded under this provision is time worked that is considered make‑up time.

4. When telephone service requirements necessitate the changing of the hours to be worked on any scheduled day from the normal work schedule, the treatment shall be as follows:

A. When less than eighteen (18) hours notice before the start of work on a changed daily tour is given to an employee, the employee will work and be compensated for the hours of the changed tour as follows:

B. Straight‑time compensation for all hours in the changed tour that coincide with the regularly scheduled tour. Overtime compensation for all other hours.

C. When eighteen (18) hours or more notice before the start of work on the changed tour is given, the changed tour shall be the employee's scheduled tour for all purposes .

7.5 All paid time not worked except sick time will be counted as time worked in the computation of weekly overtime.

7.6 Total compensation for overtime worked shall be at the rate of one and one‑half (1‑1/2) times the straight‑time rate of pay during the specific overtime hours worked. There shall be no pyramiding of overtime rates or other premium rates calling for payment of at least one and one‑half (1‑1/2) straight-time rate.

7.7 Overtime normally will be worked on one (1) day but it may extend from one (1) day to another when the time worked is continuous. Overtime may be worked either prior to or after, or both prior to and after the scheduled tour. Work time shall be considered continuous if it immediately precedes or follows hours worked in a scheduled tour of duty or if the employee is requested to return to work before leaving the premises. The granting of a meal period not in excess of one (1) hour shall not interrupt continuity for the purpose of this paragraph.

7.8 No employee shall be required to take time off within his regular scheduled working hours to compensate for overtime worked.

ARTICLE 8

CALL OUT

8.1 The current call out arrangement (voluntary plan) in effect shall be maintained. This arrangement provides that a voluntary call out list will be in effect Monday through Friday. Saturdays, Sundays and Company recognized holidays (7), will be covered by an assigned employee on a rotational basis and compensated at a rate of $50 per day. For weekends, Saturday coverage begins at end of workday on Friday and ends at 12:00 midnight on Saturday. Sunday coverage ends at 8:00 AM the following Monday. Holiday coverage follows the same methodology as Saturday or Sunday, depending on the day of the week the holiday is recognized.

1. Call out assignment will be published and provided to the bargaining union employees by December 1^st for the next year.

2. Call‑out pay is at the applicable rate for the time worked, with a minimum of three (3) hours at the at the rate of one and one-half (1 1/2) times the straight-time rate for a call out before 11:00 P.M. and a minimum of four (4) hours at one and one half (1 1/2) times the straight-time rate between the hours of 11:00 P.M. and 6:00 A.M.

Call out pay will be paid at whichever is greater, the minimum guaranteed hours or for actual time worked.

Employees that are called or are paged and just return the call and don’t attempt to fix the trouble or refer the trouble to another technician, shall only receive payment for actual time spent on the phone at 1 ½ times the straight time rate.

No pyramiding of call out time is allowed. For example; if a technician is called out at 1:00 AM and the trouble takes until 2:30 AM to complete, the employee will receive the minimum call out of 4 hours. If the employee then received another call out at 3:00 AM, and it’s completed at 4:00 AM, then the employee is not paid for two 4-hour minimum call outs for a total of 8 hours. If time worked exceeds the minimum guarantee, that time will be paid at 1 ½ times the straight time rate.

3. If the time worked immediately follows and connects with regularly scheduled time, it shall not be considered a call‑out.

4. Call out will not be used in the calculation of weekly overtime.

8.2 When the Company determines that this arrangement is no longer operating as intended, there shall be an assigned on call person and the following procedure shall be put into effect:

1. The on call employee shall on a rotation basis cover from 12:01 a.m. Tuesday to 12:00 p.m. Monday of the following week and shall receive an additional $150 per week.

2. When an employee is called out and performs work without being physically dispatched, the call out will be paid at one and one-half (1 1/2) times the straight-time rate in one tenth (1/10) increments for time actually worked. When an employee is physically dispatched, the employee will receive the applicable rate for the time worked or a minimum of three (3) hours at one and one-half (1 1/2) times the straight-time rate for a call out before 11:00 P.M. and a minimum of four (4) hours at one and one-half (1 1/2) times the straight-time rate for a call out between the hours of 11:00 P.M. and 6:00 A.M.

3. The call out assignment list will be published and provided to the membership by December 1 for the next year.

4. If the time worked immediately follows and connects with regularly scheduled time, it shall not be considered a call‑out.

5. Call out will not be used in the calculation of weekly overtime.

ARTICLE 9

DIFFERENTIAL AND PREMIUM PAYMENTS

9.1 Employees working a regular eight (8) hour tour will be paid a one dollar and twenty five cents ($1.25) differential for those hours actually worked between 8:00 P.M. and 7:00 A.M.

9.2 All hours worked on the seven (7) Company recognized holidays, will be paid at two (2) time his basic hourly rate.

9.3 If an employee works Christmas Eve or New Year's Eve between the hours of 5:00 P.M. and 12:00 A.M., he will be paid two (2) times his basic hourly rate for all hours worked between these hours.

9.4 If time worked on Sunday is considered the employees normal work week, then all time worked on Sunday will be paid at the rate of two (2) times the basic hourly rate for each hour worked. All time worked on Sunday will not be included in the overtime calculation.

9.5 If Sunday is not considered part of the employees normal work week, then all time worked will be paid at the rate of one and one-half (1 1/2) times the basic hourly rate unless the time actually worked is three (3) hours or more, then time worked will be paid at two times (2) the basic hourly rate for each hour worked. Time worked on Sunday will not be included in the overtime calculation.

9.6 A bargaining unit employee who accepts an assignment to perform supervisory functions shall receive the basic rate of pay plus a differential of ninety ($0.90) cents per hour for each hour worked. All such assignments shall be voluntary.

ARTICLE 10

HOLIDAYS & PERSONAL DAYS

10.1 All eligible employees will be granted time off at the basic rate of pay on the following listed holidays or on the day publicly observed as the holiday:

New Years Day Thanksgiving Day

Memorial Day Day after Thanksgiving

Independence Day Christmas Day

Labor Day

1. Part‑time employees will be paid holiday allowance at the basic hourly rate on the basis of averaged actual hours worked in the previous six (6) week calendar period. The average shall be divided by thirty (30) days to reach the total of hours such employees will be paid, up to a maximum of eight (8) hours holiday allowance.

10.2 Holiday allowance will not be paid when an employee is absent from work without proper excuse or permission on a regularly scheduled working day before or the day after a holiday or the holiday, if on any of these days he was regularly scheduled to work.

10.3 If a holiday occurs on a Sunday, the following Monday shall be observed as a holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday.

1. If a holiday falls on a non scheduled day, the preceding or following day shall be the holiday for that employee, whichever is applicable.

2. For those employees who are scheduled to work the actual holiday that day will be their holiday. If the Company requires coverage for that day, the scheduled employee will work.

10.4 When it is desirable because of operating requirements a regular employee is required to work on a Company recognized holiday, the employee will receive holiday allowance (eight hours at the basic hourly rate) and holiday premium (eight hours at two (2) times the basic hourly rate for time worked including applicable differentials).

1. When a part‑time employee is required to work on a Company recognized holiday, the employee shall be paid holiday allowance in accordance with Section 10.11 above and shall be paid holiday premium (two times the basic hourly rate for time worked including applicable differentials).

10.5 When a holiday falls within the employee's vacation period, the holiday shall not be charged as a vacation day.

10.6 Five (5) paid and one (1) unpaid Personal Days per year will be granted to regular employees and must be taken by November 1 and may not be carried over into the following year.

1. New employees who are not able to complete one (1) full year of service within the calendar year will be eligible for two (2) of the five (5) Personal Days.

2. Two (2) of the five (5) Personal Days may be taken in hourly increments.

3. Any employee wishing to take one personal day or any portion thereof, shall give the Company forty-eight (48) hours advance notice of their desire to do so.

4. Any employee wishing to take two or more Personal Days consecutively, shall provide the Company with one (1) week advance notice of their desire to do so.

5. Prior approval of the Company is required before the employee will be permitted to take a Personal Day. In making its decision, the Company will consider the needs of the business.

ARTICLE 11

VACATIONS

11. 1 Vacations with pay will be granted to eligible employees in accordance with the following schedule;

1. Employees who complete six (6) months of service by September 15 of the calendar year shall receive one (1) week vacation with pay.

2. Employees who complete two (2) years or more but less than eight (8) years of service within the calendar year shall receive two (2) weeks vacation with pay.

3. Employees who complete eight (8) or more years but less than fifteen (15) years of service within the calendar year shall receive three (3) weeks vacation with pay.

4. Employees who complete fifteen (15) or more years but less than twenty-five (25) years of service within the calendar year shall receive four (4) weeks vacation with pay.

5. Employees who complete twenty-five (25) or more years of service within the calendar year shall receive five (5) weeks vacation with pay.

11.2 Any employee with less than eight (8) years of service will be eligible to carry-over no more than one (1) weeks vacation. As of their commencement of their ninth year of employment, no employee may have any vacation carry-over.

11. 3 Vacation Selection shall be as follows; After December 1 of each year, the Company will, without due delay, check with each employee as to the dates desired for vacation during the following calendar year. Seniority and existing local practice shall prevail in choice of dates. The final right to allot any vacation period and determine the number of employees on vacation at any one time is specifically determined by the Company. Vacation periods of one (1) week shall have priority for scheduling over periods of less than one (1) week.

11.4 The allowance paid to each employee shall be determined by the following formula;

1. Vacation pay allowance for part-time employees will be prorated and computed in accordance with the hours worked, exclusive of overtime, during the previous year.

2. For regular employees, the vacation pay allowance will be forty (40) hours times the current basic hourly rate for each week of vacation time off.

11. 5 Employees shall not be permitted to remain on duty for the purpose of accumulating vacation time to be carried over to a succeeding year nor for the purpose of receiving the vacation pay allowance without taking the vacation time off. Vacation days should be scheduled by September 1.

1. The Company will allow two (2) weeks split vacation for employees who have two (2) weeks or more of vacation.

2. Seniority will prevail for advance selection of vacation days at the time the vacation schedule is initially posted insofar as telephone service and work requirements permit. All subsequent requests will be handled on a first-come, first-serve basis.

11.6 The selection of vacation periods shall be governed by the desires of the employees in accordance with their seniority insofar as telephone service and work requirements permit.

1. If the seniority dates of two (2) or more employees are identical, the employee with the earliest dated application form will select first. If the application dates are identical, the employee with the lowest social security number will be considered the senior employee.

2. Should the Company close weeks to vacation selection, the Company should, based on operational requirements, give at least one additional employee off in an equal number of weeks at to their times.

11.7 Should unforeseen circumstances arise, the Company may require needed employees to change from previously assigned vacation periods; no loss of vacation benefits shall result from such change. Employees whose vacations are changed at the request of the Company shall have first consideration in the selection of alternative periods. The Company agrees that such changes shall be kept to a minimum and that affected employees will be notified of the need to change as far in advance as circumstances permit.

1. It is agreed that, if a transferred-in employee is in the new section at the time the vacation schedule is to be selected; such employee will be allowed to utilize the full seniority that the employee has at the time the vacation schedule is posted. If a transferred-in employee arrives in a new section after the vacation schedule has been selected, such employee will not be able to exercise his seniority until the following year’s vacation schedule is presented for selection. When service

requirements permit, an employee who has transferred into a new section will be allowed to maintain his previous vacation schedule.

11.8 If immediately prior to the start of his scheduled vacation, an employee is temporarily off duty because of illness, injury, or jury duty, such employee shall have the right to have his vacation rescheduled and the Company shall assign to such employee a new vacation period that is mutually agreeable.

11.9 If conditions arise either because of the needs of the business or personal consideration of employees requiring changes in the vacation schedule, such changes may be made by arrangement between the Company and the employees affected.

11.10 In the event the Company changes an employee’s vacation schedule or recalls an employee from vacation and the employee suffers an actual expense thereby the Company shall reimburse the employee’s actual out-of-pocket expenses an allot another vacation period.

11.11 An employee who has worked during the year and is on a disability shall receive his vacation upon return to work or pay in lieu of it if he is unable to return to work.

ARTICLE 12

SENIORITY

12.1 Seniority is the total days, months, years of employment at the company. Employment is defined as that calendar time for which an employee receives wages and is outlined below.

12.2 Seniority shall accumulate under the following conditions:

1. Absence from assigned worked days for which the equivalent of wages is paid. (Long Term Disability in excess of 18 months is not covered under this provision).

2. Time lost from work through serving in the Armed Forces of the United States or the Military Reserves.

3. Leaves of absences for less than thirty (30) days.

4. Introductory time as recognized for service purposes.

5. Non‑paid excused time as approved by the Company.

12.3 Seniority shall not accumulate under the following conditions:

1. All seniority will be lost and never be restored for any employee who is discharged for cause.

12.4 The Company agrees to furnish the Union a list of employees in the bargaining unit in January and July of each year. Information contained in the list will be name, address, classification, accredited service date, and birth date as shown on the Company's records.

ARTICLE 13

SAFETY & HEALTH

13.1 Safety rules and regulations issued by the company or local, state and federal governments for health and safety of the employees and the public shall be strictly complied with. The company and union shall cooperate in all such matters.

13.2 Any safety concerns will be resolved by the Plant Service Manager and if needed, in coordination with the Union, Plant Service Director, Human Resources Director and President.

13.3 No employee shall be required to climb or otherwise endanger himself unless and until he has been properly instructed and trained or is under proper instruction in the work required.

1. In cases involving the refusal by an employee to perform a work assignment that he considers unsafe or for which he has not had proper training, discipline will not be administered until the issue has been discussed with the next higher level of supervision.

13.4 The Company shall furnish all tools, raincoats, boots, hats, safety devices, and other equipment necessary to do the work and to maintain the standard of service required by the Company. The employees receiving such tools and equipment shall be held responsible for their return in good condition, ordinary wear and tear and reasonable loss expected. The Company shall provide suitable and safe space for storing tools and equipment furnished employees, convenient to place of employment. Wherever the wearing of work gloves is mandatory by Company rule or instruction, such gloves as needed shall be furnished by the Company. The Company may, on occasion, require an employee to carry tools in his personal vehicle to a temporary reporting center. The details of the type of tools will be worked out by the Company and the employee/Union.

13.5 No employee shall be required to perform any hazardous task until he has been properly instructed and protected.

13.6 All outside employees shall be paid for scheduled time when they actually report for work and when weather conditions prevent continuance of regular assigned duties, unless such work is necessary to protect life, property, or continuity of essential service. The Company, however, reserves the right of determining the type and location of all duties to be performed by outside employees during inclement weather.

1. Inclement weather shall include continuous rain, wet snow, and such excessive cold weather as it will interfere with the safe performance of work by outside employees.

2. If weather becomes inclement, employees must contact their supervisor or designee.

13.7 When an employee works sixteen (16) or more hours in any twenty-four (24) hour period without having a rest period of at least eight (8) hours during that period, he shall be entitled to a rest period of eight (8) consecutive hours before returning to work. If this rest period extends into his regular scheduled working hours, he shall be paid straight-time rate for all time falling within his regular scheduled working hours that is necessary to give him eight (8) hours of rest. In the interest of the employee’s personal safety or health, at the employee’s request, he shall be excused from reporting for work for the balance of his next regular scheduled work hours, without pay and without the employee, Company, or Union being in violation of any of the terms of this Agreement.

13.8 Those employees who are called out and work between the hours of 12:00 A.M. and 4:00 A.M. and are scheduled to report between 7:00 A.M. and 8:00 A.M. that day, shall receive a paid rest period of time off equal to time worked between 12:00 A.M. and 4:00 A.M., not to exceed four (4) hours. Such pay shall be computed at the employee’s basic hourly rate. Sleep time must be taken at the beginning of his tour.

ARTICLE 14

LEAVES OF ABSENCE

14.1 Vacation and Personal time ‑ Must be taken before any leave of absence.

14.2 A 30 day leave of absence (non FMLA qualifying) without pay may be granted by the company to regular employees when requested in writing and needs of service permitting. Such leaves of absence will not affect the status of the benefits. An employee on an authorized absence will have his position held for his return.

14.3 Six-Month Leave of Absence (non FMLA qualifying) is an authorized absence without pay in excess of thirty (30) days but not to exceed six (6) months, which may be granted by the Company in its sole discretion. Time spent on such leaves will not be accumulated for seniority and accredited service purposes unless it is for the care of a seriously ill family member.

14.4 Status of Benefits: Except as otherwise provided below, all benefits shall cease for a leave of absence greater than thirty (30) days.

1. Medical, Dental & Life Insurance may be continued by an employee; however the employee will be responsible for the total amount of the premium and will pay the Company on a timely basis.

2. Reemployment;

A. The employee will be notified in writing prior to the beginning of the leave by the Company whether or not his job is being held for him.

B. An employee who is on leave of absence must notify the Human Resources Department of his intent to return to work at least ten (10) working days prior to the date the leave expires.

C. Upon expiration of the leave of absence, the employee will be entitled to resume employment in the last job in which he was engaged prior to the leave provided the job is available, unless termination is otherwise required by reduction in work force or for just cause.

D. If the employee has notified the Company of his readiness to return to work and his former job is not available, he will be placed on preferential hiring list for six (6) months.

14.5 Termination of leave of absence - A leave of absence shall terminate immediately when any of the following occur;

· The employee returns to active employment.

· The employee accepts employment with another company.

· The employee files for unemployment insurance without first advising the Company that he is ready to return to work.

· The time period for which the leave of absence was granted has expired.

· Failure of an employee without just and lawful cause to return to work at the end of a leave of absence.

ARTICLE 15

WAGES & EVALUATIONS

15.1 Salary ranges are established for job classifications and are set forth in the wage schedules attached hereto as Appendix A and made a part thereof.

15.2 The Company shall notify the Union within thirty (30) days whenever job classifications are established for jobs included within the collective bargaining unit but not provided for within the foregoing identified wage schedules. This notification will be made in writing.

15.3 Payment of wages should be made weekly by Friday by check, for all tours of duty, and shall include all wages due for the workweek ending the second Saturday preceding payment. The Company and the Union agree that with sixty (60) days Prior notice to the Union, the Company can chance from a weekly payment of wages to a biweekly payment of wages at any time during the duration of this agreement.

15.4 The Company retains the right to increase the rate of pay of any employee during the life of this Agreement, at its sole discretion. Any wage increases will not exceed the maximum rate of the employee’s classification.

1. The Company will notify the Union when exercising such wage adjustments.

15.5 The Company retains the right to award bonuses based on performance and/or incentive programs of any employee during the life of this Agreement, at its sole discretion.

ARTICLE 16

MANAGEMENT RESPONSIBILITY

16.1 The management of the business and the direction of the working force shall remain with the Company, including the right to hire, promote, discharge for proper cause, to use improved methods or equipment, to determine work assignments and tours in accordance with past practice, to decide the number of employees needed at any particular time or place, to be the sole judge of the communications service rendered the public, to establish, determine and maintain standards of telephone service to the public; provided, however, that this section will not be used for the purpose of discriminating against members of the Union nor shall it alter the meaning of any provisions of this Agreement.

16.2 Nothing contained in this Agreement shall be deemed to limit the Company in any way in the exercise of the regular and generally recognized customary functions and responsibilities of management. Moreover, such functions of management as may be included herein shall not be deemed to exclude other functions of management not specifically included herein.

1. The Company agrees to inform the Union of significant technological changes, however, this shall not be construed to limit the Company's right to make technological change that it deems necessary. If and when such technological change may adversely affect Bargaining Unit employees, the Company will use its best efforts to notify the Union prior to the time the employees are advised.

2. The Company may adopt and enforce company-wide personnel policies on matters such as sexual harassment, confidentiality, conflict of interest, computer security, safety and similar policies, provided that (a) the policies shall not discriminate against members of the Union, and (b) the Company shall use its best efforts to notify the Union of a new policy prior to the time the employees are advised of the new policy.

16.3 Nothing in this Agreement shall be construed to limit the Company in the employment of contract labor as necessary for efficient performance in the judgment of the company, provided that no regular or part-time employees are laid off or demoted as a result of such use of contractors.

ARTICLE 17

UNION RESPONSIBILITY

17.1 The Union agrees that its members who are employees of the Company will individually and collectively perform loyal and efficient service, that they will use their influence and best efforts to protect the property of the Company, and will cooperate with the Company at all times.

17.2 Except meetings as provided for in this Agreement and those provided by law shall be conducted off the Company premises except as may be otherwise specifically authorized by the Company.

17.3 Union officers or representatives required to be absent from scheduled work for the purpose of attending joint conferences with the Company or for the processing of grievances as provided for in this Agreement, may do so by agreement of his immediate supervisor. Permission for such absence for Union business, above area level, including furloughs, leaves of absence, absence to attend conferences, grievance meetings above Step Two, arbitration, collective bargaining or other such purposes must be approved in advance by the Human Resource Manager or his duly authorized representative.

17.4 An employee desiring to be absent from work for Union business as described in this section shall give as much advance notice as possible to the Company. If it is determined by the Company that such absence would seriously interfere with work requirements or telephone service to the public, permission may be withheld or other arrangements made as appropriate.

1. After each such absence, the Union representative shall report to his immediate supervisor when returning to work.

2. If such absences become unreasonably frequent or unreasonably long, whether paid or unpaid, the Union agrees that it will use its best efforts to reduce the number and duration thereof.

3. The Company agrees to pay the basic hourly rate for absences from formally scheduled tours of work for union representatives engaging in joint conferences as provided in this Agreement. The Company will allow ample time for these joint conferences during the employee's normal working hours and therefore will not pay overtime provisions if the meeting goes beyond the employee's normal quitting time.

4. Time spent at joint conferences held for arbitration will not be paid by the Company.

5. The Company agrees to pay One (1) Union representative for no more than three (3) days for the next contract negotiations if the time falls within the employee’s normal work schedule. No overtime will be paid.

17.5 The Company understands that the choice of and removal from office of Stewards and Union Officers is a function of the Union. The Union will notify the Company within forty‑eight (48) hours of any such changes.

17.6 Union Activity on Company Property ‑ The authorized representative of the Union shall have access, during normal working hours, to all places of work of employees covered under this Agreement, for the purpose of inspecting working conditions, or investigation shall not interfere with the normal operations of the Company. The exercise of the privileges of an authorized representative of the Union as set forth in this section shall be with the permission of the Company. Such permission will not be unreasonably withheld.

17.7 At the Company’s discretion, an employee may be directed by the Company to cross lawful picket lines at a customer’s premise after the Company has made reasonable efforts to provide the employee with an alternative or sought to make other arrangements.

ARTICLE 18

MEALS AND LODGING

18.1 All employees covered by this Agreement shall be assigned a definite reporting center within their appropriate bargaining unit; however, the Company may in its discretion establish temporary reporting centers. When an employee is assigned a temporary reporting center he will report at his usual starting and quitting time and will be reimbursed as follows for assignments of greater than one (1) day.

1. The company may at its discretion elect to have the employee travel on Company paid time in lieu of using the allowance outlined below.

2. The Company will pay lodging, tolls and per diem of $50 per day.

3. If the employee is required to use his personal vehicle, he will be reimbursed the IRS standard mileage allowance for the difference between what he drives between his normal and temporary reporting centers.

4. All lodging and toll expenses must be supported by a receipt.

18.2 When an employee is required to work overtime two (2) hours prior to or two (2) hours beyond the end of his normal work tour, the Company will reimburse the employee for the no more than the appropriate meal expense. The Employee will submit an expense report along with meal receipts. Overtime meals will be paid beginning with the appropriate meal and will continue by rotation.

1. When an employee is not returning to work after eating such a meal, the meal period will be on the employee's own time and not paid for as time worked.

2. When an employee is required to return to work after eating such a meal, the meal period will be paid for as time worked providing it is reasonable.

3. When an employee does return to work after eating his first overtime meal, additional meals will be provided for by the Company at intervals of four (4) hours thereafter. Reasonable meal periods will be paid for as time worked.

4. Reasonable meal period will normally be 1/2 hour or less.

18.3 During emergencies or in isolated locations, lunches purchased and brought to the job location shall be considered reasonable meals.

18.4 An employee who is called to work after his tour for that day has been completed will be entitled to a meal after each four (4) hours of work, in the same manner as provided for in Section 18.2 above.

1. An employee who is called to work on his non‑scheduled day shall be entitled to a meal provided:

A. Such employee received less than one (1) hour notice from the time they are called and the time they are to report, and

B. Such employee actually misses a meal due to being called to work. If the employee continues to work, he will receive his second meal four (4) hours after he has eaten his first meal and a third meal six (6) hours thereafter.

18.5 The type of meal to be furnished or the type meal expense to be reimbursed will be determined by:

1. The meal that is customarily eaten at that particular time of day in question.

2. The circumstances involved in the actual call‑out or continuation of work.

18.6 All employees are required to provide their own lunches unless they are receiving board and lodging as set forth in Section 18.8 below.

18.7 The maximum meal allowances are as follows:

Breakfast Lunch Dinner

$7 $10 $20

18.8 In those circumstance in which an employee is entitled to a meal under the terms of this Collective Bargaining Agreement and is unable to take that meal due to work related conditions, the employee shall receive the cash equivalent of the meal allowance provided.

18.9 During meal period an employee shall not use a Company vehicle for personal convenience such as returning to his reporting center, to his home, or to a more desirable place to eat, such as a park, unless he is within five (5) miles of such locations.

ARTICLE 19

BULLETIN BOARDS

19.1 The Company agrees to provide at least one (1) bulletin board in each exchange area in mutually agreeable locations to be used exclusively for Union notices but shall assume no responsibility for any notice to be posted on these bulletin boards by the Union.

19.2 Both the Union and the Company agree that under no circumstances shall notices or announcements posted by either contain anything of a derogatory nature or which would tend to reflect in any manner upon the Company or the Union, the employees or the communications business.

ARTICLE 20

DISCHARGE AND DISCIPLINARY ACTION

20.1 In cases that warrant discharge, demotion, or suspension, the Company shall notify the employee and Chief Union Steward or Officials prior to any action taking effect. If the Company determines that an immediate suspension is necessary, as a result of a serious infraction of the rules, the Union will then be notified.

20.2 Grievances relating to the discharge, discipline or demotion of an employee shall be initiated within ten (10) working days not including Saturday, Sunday or Holidays following the effective date of the action.

20.3 If it is agreed that the action taken under the circumstances was not proper, the terms of restitution shall be settled by agreement between the parties.

20.4 If such grievance should be arbitrated, the terms of restitution if any shall be determined by the arbitrator.

20.5 Disciplinary warnings shall be made in writing and a copy of the warning shall be forwarded to the Union.

ARTICLE 21

MISCELLANEOUS

21.1 In order to provide for the maintenance of its service, the Company may require employees to install telephones in their homes. Where an employee is so required, the Company will notify him to that effect in writing and will bear all costs incidental to its service.

21.2 Any employee who is injured and who is sent home or to a medical examiner by the Company shall be paid in full for the balance of the day at regular hourly rate. If such employee is required by the doctor to report for further treatment, the employee shall be given such further treatment during the working day and shall suffer no loss in pay.

21.3 The costs for all employees required to drive Company vehicles that require special operating licenses, physical, or compliance testing will be borne by the Company.

ARTICLE 22

GRIEVANCE PROCEDURE

22.1 A grievance is hereby defined as any alleged violation of the terms or the application of the terms of this Agreement applicable to the employee or employees involved, or any alleged action by the Company or its representatives under which an employee is discharged, demoted or disciplined or caused to lose any benefits arising out of his/her job. The parties agree that the processes and procedures herein provided shall be the employee's sole and exclusive remedy for grievances.

22.2 When a grievance as referred to in Section 1. arises, shall be processed as follows:

STEP ONE:

The grievance shall be reduced to a written statement referencing specific articles or rights and privileges allegedly infringed upon or violated, and submitted to the Company. The immediate supervisor will meet with the Union Representative within five (5) working days, the grievant at the Union's request may attend this step. The immediate supervisor will prepare an answer to the Union Representative who Processed the grievance with five working after the step one meeting.

STEP TWO:

If the grievance is not settled as a result of the first step answer, the Union will request a step two meeting and explain why the step one answer is unsatisfactory within five (5) working days after the receipt of the step one answer. The second level supervisor and/or his/her authorized representative will meet with The Union Representative(s) within five (5) working days, the grievant at the Unions request may also attend this step. The second level supervisor will prepare a written answer and return it to the Union Representative who initiated the step two meeting within five (5) working days after the step two meeting.

STEP THREE:

If the grievance is not settled as a result of the step two meeting, the Union may appeal to the Human Resource Manager within five (5) working days. The Human Resource Manager and/or his/her authorized representatives will meet with Union Representatives within five (5) working days, (the grievant may at the Unions request may also attend this step). The Human Resource Manager will respond in writing to the appropriate Union Representative within five (5) working days following the step three meeting.

22.3 Grievances must be presented to the Company within fifteen (15) working days of the occurrence which gave rise to the grievance, not including Saturday, Sunday, or Holidays.

22.4 Failure of the Company to process a grievance and render a decision within the specified time limits entitles the Union to appeal a grievance to the next step of the grievance procedure. Failure on the part of the Company to respond to a grievance during any step of this procedure shall not be deemed acquiescence by the company to that grievance. However, time limitations of the grievance procedure may be extended by mutual consent.

22.5 Once a Union Representative has notified a Company Representative of a grievance, the Company will not discuss the matter with the individual employee(s) involved without first affording the Union Representative(s) an opportunity to be present at a time and place which is mutually agreeable.

22.6 The specification of additional contract provisions alleged to have been violated may be made in subsequent appeals to the Company up to and including the third step of grievance procedure.

22.7 Stewards and Union officers shall be allowed necessary time off with pay to discuss grievances with representatives of the location on Union business shall request permission of his immediate supervisor permission shall not unreasonably be withheld. The Union pledges that there will be no abuse of this privilege.

22.8 MEDIATION PROCEDURE

1. No grievance may be taken to mediation, except by mutual consent of the parties.

2. The grievant shall have the right to be present at the mediation conference.

3. Each party shall have one principal spokesman at the mediation conference.

4. Any written material that is presented to the mediator shall be returned to the party presenting that material at the termination of the mediation conference. The mediator may, however, retain one copy o the written grievance, to be used solely for the purposes of statistical analysis.

5. Proceedings before the mediator shall be informal in nature. The presentation of evidence is not limited to that presented at Step 2 or 3 of the grievance proceedings, the rules of evidence will not apply, and no record of the mediation conference shall be made.

6. The mediator will have the authority to meet separately with any person or persons, but will not have the authority to compel the resolution of a grievance.

7. If no settlement is reached during the mediation conference, the mediator shall provide the parties with an immediate oral advisory decision, unless both parties agree that no decision shall be provided.

8. The mediator shall state the decision grounds of his advisor.

9. The advisory decision of the mediator, if accepted by the parties, shall not constitute a precedent, unless the parties otherwise agree in writing.

10. If no settlement is reached at mediation, the parties are free to arbitrate.

11. A request for arbitration must be made within 30 working days of the mediation conference.

12. In the event that a grievance that has been mediated subsequently goes to arbitration, no person serving as mediator between these parties may serve as arbitrator. Nothing said or done by the mediator may be referred to at arbitration. Nothing said or done by either party for the first time in the mediation conference may be used against it at arbitration.

13. The mediator shall conduct no more than three mediation conferences per day.

14. The mediator's fee and expenses will be divided equally between the parties.

ARTICLE 23

ARBITRATION

23.1 If the grievance cannot be settled via the grievance/mediation procedure, either party may submit the matter to arbitration. This notice must be served on the other party within thirty (30) working days after failure to reach a satisfactory settlement.

23.2 Any request for submission to arbitration by either party shall be in writing and signed by an authorized representative of the party requesting arbitration. The written statement shall restate the grievance as originally submitted in Step Three along with any further reference to this Agreement, and shall certify that the parties failed to reach a satisfactory settlement through the grievance/mediation procedure as set forth herein.

23.3 A written stipulation defining the dispute shall serve as the basis for proceedings in the arbitration and shall be signed by both parties if the parties agree that the subject matter is properly referable to arbitration. If either party claims that the subject is not properly referable to arbitration under the terms of this Agreement, such disagreement shall constitute a dispute subject to determination by arbitration proceedings as set forth herein. If the decision of the arbitrator is that the matter is arbitrable, the arbitrator shall then proceed to determine the matter on its merits.

23.4 A request to the American Arbitration Association to name a panel of seven (7) arbitrators shall be initiated within (10) calendar days after notice has been served on the other party of the intent to arbitrate.

1. The Company and the Union shall alternately strike six (6) of the seven (7) names. The remaining name shall be the Arbitrator.

2. In the event, however, that the arbitrator is unable to make himself available within twenty (20) calendar days after selection, the Company and the Union will mutually decide to either extend the time limit for the agreed upon arbitrator for twenty (20) more calendar days or to request a new panel from the American Arbitration Association. Hearing shall be started as soon as possible after the selection of the arbitrator.

3. Each party shall defray its own expenses and share equally in the fee and expense of the arbitrator.

23.5 The arbitrator shall have jurisdiction and authority only to interpret, apply or determine compliance with the provisions of this Agreement or any agreement made supplementary hereto, and to render decision of award, thereof, but shall not have jurisdiction to add to, subtract from, or modify or alter in any way any of these terms. Further, the arbitrator shall be limited in its authority to a review and determination of the specific grievance submitted for arbitration in each individual instance.

23.6 Lawfully rendered decision of the arbitrator not inconsistent with the Provisions of this Agreement shall be final and binding upon both parties.

ARTICLE 24

NO STRIKE ‑‑ NO LOCKOUT

24.1 The Union agrees that it will not call, encourage, authorize, ratify or engage in any strike, slowdown or other interruption of work, for any reason, during the term of this Agreement.

24.2 Each employee agrees that he will not engage in a strike, slowdown or interruption of work, for any reason, during the term of this Agreement.

24.3 The Company agrees that it will not lockout its employees for the term of this Agreement.

ARTICLE 25

COMPANY SPONSORED SCHOOLS

25.1 Employees will be required to attend Company-sponsored schools. Should there be compelling personal reasons, however, the employee may request a postponement of his attendance.

25.2 Lodging - Employees attending Company-sponsored schools will be provided, when feasible, with single-room accommodations. The supervisor will make lodging arrangements and provide the employee with adequate funds to cover the cost of such lodging.

25.3 Meals-Employees will be provided at $50/day per diem.

25.4 Miscellaneous Expenses-Employees will also be reimbursed (in addition to the per diem) for reasonable receipted laundry and taxi expenses. No receipt is required when coin laundry facilities are used.

1. Employees will be entitled to one (1) long-distance telephone call per day of reasonable duration, at Company expense.

2. The cost of Travelers Checks will be reimbursed.

25.5 Transportation - The Company shall make arrangements to provide the employee with transportation. The choice of travel arrangements shall in all cases be made with consideration for travel costs and travel hours paid. The most economical mode will be utilized.

1. Personal Vehicle-Compensation for the use of personal vehicles will be at the IRS standard mileage allowance per mile. You must show proof that you have the state mandated levels of insurance. The employee will not be reimbursed for any other vehicle expense except for tolls. Mileage to be compensated will be for travel via the most direct route on a standard road map for the round trip to the school and return and between the lodging and the school. Incidental mileage will not be reimbursed.

2. Company Vehicle-When using a Company vehicle, the employee will be reimbursed for actual expenses such as gas, oil, repairs, and tolls. Receipts must be obtained for all such expenses.

3. The use of Company vehicles while attending training shall be limited to.

A. The round trip to and from the training location via the most direct route.

B. Travel to and from school.

C. Reasonable travel for meals or other personal matters (generally within 10 miles).

D. Travel by Air-Airline reservations will be made by and billed to the Company. The employee will be reimbursed for actual economy-class airfare and for actual round-trip transportation expense between his home reporting center and the airport.

25.6 When the Company schools are more than three (3) weeks in length, the Company will furnish transportation for the employee to go home and return to school on the weekend at least every three (3) weeks.

1. Employees who choose to return home will not be reimbursed for travel time, meals or lodging expense during that weekend.

25.7 Travel Time-Employees will be compensated one and one-half (1 1/2) time their basic hourly rate for all hours traveled to and from school outside the forty (40)-hour work week.

1. Unexpected circumstances such as a layover, the Company will reimburse reasonable receipted meals, lodging and associated expenses. The Company will not be responsible for payment of wages for this time.

25.8 Working Fund-The Company will provide the employee with a working-fund advance to cover the anticipated reimbursable expense as outlined in this Article

ARTICLE 26

FEDERAL OR VERMONT STATE LAWS

26.1 In the event that any Federal or Vermont State Law directly affects one (1) or more practices or provisions of this Agreement, the practices or provisions so affected shall be made to conform with the requirements of such law. In all other respects, this Agreement shall continue in full force and effect.

ARTICLE 27

BENEFITS

27.1 The final interpretation of any specific provision pertaining to benefits is governed by the applicable laws, terms of the actual insurance policy, human resource policies and practices and the company’s sickness and disability benefit plan.

27.2 GROUP INSURANCE/MEDICAL & DENTAL - All full-time regular employees, spouses, and eligible dependents may participate in the FairPoint Communications, Inc. Comprehensive Group Health Plan as outlined in the current summary plan description.

1. The company has the right to change health insurance carriers without bargaining. If the company decides to change carriers, and the region HR Director is asked to provide assistance in the analysis of network provides, then she will contact the Union Steward for assistance in understanding what the impact will be with respect to the current network providers.

2. The cost sharing will be 20% by the employee and 80% by the company. The 2005 monthly employee premiums are:

Employee $ 70

Employee +1 $127

Employee + Family $179

3. The Company will send to the Union on a quarterly basis what FairPoint paid in claims and what the employees paid in premiums.

4. The Company will calculate the 20% employee premium payment based on all participants in the FairPoint plan. The 20% employee premium for 2006 & 2007 will be based on the previous year’s costs.

27.3 SCHEDULE OF BENEFITS/SICKNESS

1. The company will pay wages for regular employees of up to a maximum of seven (7) sick days per year. Sick days may only be used for the sickness of the employee. If the employee used less than three (3) sick days in any one-year, the employee may bank two (2) days into the next year. Seven (7) days maximum banking.

2. The company may require a doctor’s certificate after three (3) day of sickness or disability. Abuse of this Article, such as chronic, excessive, or pattern absenteeism, will result in disciplinary action.

3. All regular employees will receive short term disability which provides weekly benefits during disability if you become wholly and continuously disabled from accidental injury or sickness which prevents you from performing any and every duty pertaining to your occupation, provided you do not engage in any other work for remuneration or profit. There is a seven (7) day waiting period for sickness disability and a maximum benefit period of thirteen (13) weeks. The insurance company provides 66 2/3% and the Company provides 33 1/3% of an employee’s weekly earning to a maximum weekly benefit of $1,155.

4. All regular employees will receive long-term disability, which provides a gross monthly benefit of 66 2/3% of salary to a maximum of $5,000 to age 65 after a waiting period of 90 days.

5. Disability benefits for pregnancy will be paid in accordance with the Short Term Disability plan. An employee will be guaranteed her former job, provided she returns while she is still on pay status.

6. The employee whose disability is expected to last for more than twelve (12) months must also apply for Social Security disability benefits. He must notify the Human Resource Director as to the Social Security Administration’s decision.

27.4 STATUTORY BENEFITS (WORKERS COMPENSATION) - In compliance with the worker’s compensation law, expenses necessary for the proper are and treatment of the employee will be paid by the company’s workers’ compensation carrier. All bills in connection with an on-the-job accident should be directed, by the attending physician, pharmacy, etc., to the address below:

Human Resources

FairPoint Communications

One Ossipee Trail East

PO Box 1480

Standish, ME 04084

27.5 If an employees (first party) becomes disabled by injury caused by the negligence of a third party, e.g., as an automobile accident, and receives benefits from the company (second party), the company shall have the right to place a lien on the proceeds of any recovery from such third party. Notice of legal action by the employee against the third party shall be given within ninety (90) days thereafter to the company.

27.6 Employees who become ill or are injured as a result of gainful outside employment shall be eligible under the company’s sickness and disability benefit plan only in excess of the initial benefits eligible to the employee, pursuant to Workers’ Compensation, under his outside gainful employment.

27.7 Disabled employees wishing to leave the area shall obtain from the company approval of absence for a specific time and furnish satisfactory proof of disability while absent.

27.8 Employees who will be absent from duty because of sickness must notify their immediate supervisor, prior to the start of the workday. Employees who are injured while on the job must notify their supervisor immediately. The supervisor shall be responsible for the administration of the provisions of the plan with respect to all employees reporting to him. The supervisor may make the necessary visitations to the employee’s home, conduct investigations, and prepare reports as required.

27.9 CONCESSION SERVICE - All regular employees are eligible to receive telephone services as outlined in FairPoint’s policy # FPNE-1003 (updated 4/1/05) and DSL Employee Service Agreement located in Appendix B. This policy will not change during this contract period. Services include residential line rate, DSL, Dial-up and residential switch-based services.

27.11 GROUP INSURANCE/LIFE - Regular employees are provided paid life insurance in the amount of three times basic annual salary, $5,000 spouse, and $2,500 per dependent over one year of age.

27.12 FLEXIBLE SPENDING PLANS (MEDICAL & DEPENDENT CARE) – The Company has adopted a Flexible Benefit plan for the benefit of its employees. It is intended to be one comprehensive plan that provides eligible employees with a choice between taxable income and non-taxable benefits under the dental, dependent care, life insurance, medical care, and medical reimbursement plans. The Flexible Benefit Plan is intended to be a “cafeteria plan” under Section 125 of the Internal Revenue Code (IRC). Dependent care expense reimbursements are intended to be excluded from the Participant’s gross income under section 129 of the IRC. Qualifying medical care expense reimbursements are intended to be excluded from the participant’s gross earnings under sections 105(b) and 106 of the IRC. You will receive a summary of the plan and enrollment forms each year.

27.13 POST-RETIREMENT HEALTH & LIFE BENEFITS - The Company will provide $1,000 per year toward the cost of health insurance and $150 per year toward the cost of life insurance for qualified employees who retire from the Company after age 62.

1. All former GTE transferred employees may retire from the Company and having thirty (30) or more years of accredited service, or having at least fifteen (15) years of accredited service whose age plus accredited service total 76 shall be eligible for Post Retirement Benefits

ARTICLE 28

RETIREMENT PLAN

28.1 The final interpretation of any specific provision pertaining to benefits is governed by the applicable laws, terms of the FairPoint Communications, Inc. Employees Savings Plan (“Plan”). The Plan is a 401(k) defined contribution profit sharing plan. Please refer to the Summary Plan Description for further explanation and plan details.

28.2 The Plan permits employees to save a portion of their pay via payroll deduction on a tax favored basis. The employee does not pay state and federal taxes on pay contributed to the plan, or on earnings within the plan, until distributed to the employee. Additional company contributions, in the form of matching and discretionary profit sharing contributions are made on behalf of participating employees.

1. Plan Eligibility:

A. An employee is eligible to enter the plan on their first day of the month coinciding with or next following your completion of 90 days of service and your 21^st birthday.

B. The employee must work 1,000 hours per year.

2. Plan Participation:

A. An employee may contribute between 1% and 25% of compensation annually to the plan and cannot exceed the maximum dollar amount allowable by law. These contributions are called employee “salary deferrals.” You do not pay state or federal tax on such contribution in the year contributed.

B. The participating employee will have the opportunity to select one or more investment options in which to invest their salary deferral contributions. All company contributions will be invested on behalf of the participant in the same manner as salary deferrals.

C. The company will make matching contributions of $1.00 for every dollar of salary deferrals made by the employee, applicable to the first 3% of pay and $.50 for every dollar of salary deferrals applicable to the next 3% of pay contributed by the employee to the plan.

D. The Company matching contributions will be under the vesting schedule and by law, employee salary deferrals are always 100% immediately vested.

E. At their discretion, the company may make an additional “profit sharing” contribution to a plan participant’s account at the end of a plan (calendar) year.

ARTICLE 29

SUBSTANCE ABUSE POLICY

29.1 General Statement

The Company recognizes its obligation to provide all employees with a safe, healthful work environment, free from the risks created by employee alcohol and drug abuse. The Company prohibits using, possessing, or being under the influence of drugs or alcohol while employees are providing service to the Company. To that end, the Company will provide for substance abuse testing of all job applicants and, where appropriate, existing employees. The Company is committed to take all necessary steps to exclude alcohol and drugs from its workplace.

29.2 Substance Abuse Testing Of Applicants

All new hires will be required to submit to a substance abuse screen. Each offer of employment shall be conditioned upon the successful completion of a test for drugs and alcohol. Applicants will be given no less than ten days notice of the drug and alcohol test and will be informed of what substances will be tested. Any pre-employment drug and alcohol test will be administered as part of a comprehensive physical examination. Any applicant who refuses to take the substance abuse screen or to sign required consent forms, or who has a positive test result, will not be hired.

29.3 Substance Abuse Testing of Employees

The Company may require employees to submit to a substance abuse screen under the following circumstances:

1. Where the Company has probable cause to believe, based on observable facts, that an employee may be under the influence of drugs and/or alcohol, and this observation has been verified and documented by the Company.

2. When an employee is involved in or has contributed to an accident, or to a situation likely to cause an accident or injury and there is a probable cause to believe, based upon the employee’s behavior or physical condition or on the specific nature and circumstances of the accident or situation likely to cause an accident or injury or to suspect that the accident, or situation likely to cause an accident or injury may have resulted from or been contributed to by the employee being impaired by alcohol or drugs.

29.4 Substance Abuse Screening Procedures

The Company will use the following procedures for the drug/alcohol screen:

1. Drug Screen - A split urine specimen will be collected to test a job applicant or employee for the presence of (list of all substances to be tested). The drug screen shall be done at a HHS (Health and Human Services) certified laboratory qualified medical facility of the Company’s choice. Once the test subject has produced a sample, both the employee and the qualified medical person must keep the sample in sight at all times until it is sealed and labeled. While the employee watches, the qualified medical person should seal the sample with tamper-proof tape; adhere to it a label showing the date, the individual’s specimen number, and any other relevant identification information; and log all labeling information into the Company’s permanent record book. Each test subject shall be asked to verify the label on his or her sample against the accompanying log book entry to avoid later claims of misidentification. All specimens not immediately shipped shall be stored in a secure place. The analysis on these urine samples shall be performed at a qualified medical facility selected by the Company. Before shipping specimens, the “chain-of-custody” form shall be attached to each specimen, which will be signed or initialed whenever custody of the specimen changes. Specimens shall be placed in a shipping container that will protect them from damage, and the qualified medical person shall sign and date each container.

2. Positive Tests - The laboratory shall simultaneously provide the Company and the person tested with identical copies of a detailed written report of all positive results of the test. The laboratory may report to the Company that a urine sample is positive only if both the initial test and the confirmation test are positive for the particular drug. In the even that a sample tests positive, the specimen shall automatically be verified through a second, more detailed test. Portions of all positive test samples shall be maintained and shall be available to the tested employee for a period of not less than 90 days following the date of the initial test. Under no circumstance shall the Company require that a blood sample be drawn. The person who is being tested, however, shall be given the opportunity, at his or her request and expense, to have a blood sample drawn at the time the urine sample is provided, and preserved in such a way that it can be tested later for the presence of drugs.

3. False Positives - Certain over-the-counter medications, prescription drugs, and other substances may result in a positive test. The detection of a drug at a therapeutic level as defined by the state commissioner of health shall be reported as a negative test result. The laboratory’s report shall not contain any information indicating the presence of a drug at a therapeutic level.

4. Explaining Positive Results - The Company shall provide an employee or applicant who has a positive test result with an informal meeting to provide the employee or applicant with an opportunity to explain the results and explain why the results are not accurate, as well as an opportunity to retest a portion of the sample at an independent laboratory at the expense of the person tested. The Company shall consider the explanation given by the employee or applicant and shall consider the results of the retest.

5. Alcohol Screen - A breathalyzer test will be administered at a qualified medical facility chosen by the Company. The positive result of 0.04 percent or greater for alcohol from a breathalyzer test will constitute impairment. An employee may avoid a finding of impairment by voluntarily providing a blood sample within one hour of the time the breathalyzer sample is collected. If a blood sample is provided within one hour and proven negative or below the 0.04 percent level, that result will be sufficient to overcome a finding of impairment from a positive breathalyzer test. Employees found to have tested 0.04 percent or greater for alcohol through the breathalyzer test and who have not voluntarily provided a blood sample within one hour of the breathalyzer test will be considered to have violated the Substance Abuse Policy.

6. Refusal To Submit To Testing - Refusal to submit to a drug and/or alcohol screen will constituted a violation of this policy.

29.5 Consequences of Testing Positive for Drugs or Alcohol

The purpose of this policy is to eliminate the presence of alcohol and illegal drugs at the Company in order to make it a satisfactory and safe environment for all employees. In connection with this purpose, it is the Company’s goal to rehabilitate, if reasonably possible, all substance abusers. When an employee tests positive for the presence of alcohol or illegal or illicit drugs, or otherwise is found to be in violation of this policy, and has the specimen subjected to a second more detailed test as described in Section 29.4 paragraph 2., he/she shall be given the opportunity to participate in a rehabilitation program. An employee participating in rehabilitation shall be given an unpaid leave of absence by the Company for a reasonable period of time; the fact that it is an unpaid leave shall not be construed to affect any coverage that may exist pursuant to sickness and accident or other employee benefit coverage. All employees who wish to be rehabilitated are encouraged to voluntarily participate in rehabilitation by making a confidential request to the designated representative of the Company. Participation in the rehabilitation program will be confidential. Requesting help through the rehabilitation program shall neither abuse nor prevent discipline for reported violations of this policy, nor shall it relieve the employee from job expectation requirements. If an employee successfully completes rehabilitation, he/she will be offered the opportunity to return to work at the Company with the understanding that any future violations of this policy shall subject the employee to immediate discharge without additional opportunity for rehabilitation.

29.6 Policy With Respect To Legal Drugs Or Medication

The foregoing policies on substance abuse testing do not apply to the use of controlled substances taken as legally prescribed by a licensed physician. Notwithstanding the foregoing, however, these policies will apply to any abuse of prescription drugs. Any employee on medication that they believe may affect their job performance or present a safety risk to themselves or others must immediately report such use to their supervisor. Company officials will determine whether the employee can remain at work and/or whether work restrictions are necessary.

29.7 Additional Prohibitions Relating To Alcohol and Drugs

In addition to its policies on substance abuse testing, the Company emphasizes that the following employee conduct is strictly prohibited:

· The use or possession of alcohol or illegal drugs in any amount or in any manner on Company premises or in Company-owned or leased vehicles at any time. This provision will not apply to the possession of unopened alcohol containers in private vehicles.

· The transfer or trafficking of alcohol or drugs in any amount or in any manner on Company premises or in Company-owned or leased vehicles at any time.

· The use in any way of Company property or the employee’s position within the Company to make or traffic alcohol or drugs.

Employees who engage in such conduct will be subject to discipline, including discharge if appropriate in the circumstances. The Company further reserves the right to notify appropriate law enforcement officials regarding employees who engage in such conduct.

29.8 Violations of Policy

Employees who violate any provision of this policy are subject to appropriate disciplinary action, including discharge from employment. Nothing in this policy shall be construed so as to limited or in any way detract from the Company’s pre-existing right to suspend or discharge employees.

The violations identified in this section are not meant to be all inclusive of various offenses that could lead to discipline under this policy.

29.9 Legal And Contractual Obligations

All legal and contractual obligations, where applicable, shall be adhered to in the administration of this policy. This policy may be revised and/or modified to include the substance abuse screening of safety sensitive positions. The Company reserves the right to modify the program and/or testing to comply with any governmental regulation. The Company must notify in advance and discuss with the Union any change to comply with government regulations. If the Union believes that the Company exceeded what was required to comply with government regulations, the Union shall have the right to pursue the issue through the grievance procedure as outlined in Article 22 and the Union shall not be held liable for any lawsuits arising from the Company’s screening policies.

ARTICLE 30

VEHICLE USE

30.1 Communication Technicians on a voluntary basis may choose to garage their company vehicle at home.

30.2 Employees will report to the designated work site or first job at the scheduled start time and shall leave at the scheduled stop time. Employees will be paid from the time they reach the work site or job location. Travel to and from home shall not be paid. Other than driving to and from work, Company vehicles will only be used for business purposes.

30.3 If you are authorized to use a Company vehicle for anything other than business purposes, you must show proof that you have at least the state mandated levels of insurance.

30.4 The employee will be responsible for maintaining his assigned Company vehicle in accordance with the Company’s preventative maintenance procedures. Vehicle breakdowns or other vehicle problems occurring during working hours will be corrected during working hours.

30.5 The employees will be expected to exercise good judgment in the use, storage, and care of the Company vehicle.

30.6 The employees who drive a Company vehicle must possess a valid driver’s license.

30.7 Employees authorized to use their personal vehicle on Company business will be paid on a mileage basis using the Internal Revenue Service approved rate, usually effective January 1. This allowance is to cover all automobile expenses, including the cost of gasoline, oil, depreciation, and insurance. All employees driving personal vehicles on company business may expense parking fees and tolls actually incurred. All employees driving personal vehicles on Company business are required to have a valid driver’s license and state mandated levels of automobile insurance.

ARTICLE 31

UNION SECURITY-CHECK OFF

31.1 The Company may employ additional employees when necessary for the job classifications as specified but will require as a condition of employment that such employees shall become and remain a member in the Union beginning with the thirty-fifth (35th)day following the day following the date of employment or the effective date of this Agreement, whichever is later.

31.2 The Company will notify the local Union within thirty (30) working days as to the date of employment and the classification of each new employee placed in a bargaining unit position.

ARTICLE 32

TRAINING & TECHNOLOGY CHANGE

32.1 Training & Technology Change

As new equipment is introduced into the work area, at least one employee will be given view only access rights to the equipment. Bargaining unit employees will be trained whenever new or improved equipment is introduced. This includes unpacking, set-up, programming, testing and maintaining functions.

The company will advise the Union of any proposed technological changes prior to the time of the final decision and will promptly meet with the union to negotiate regarding the effects of the proposed technological changes.

During the term of this agreement, all new job classifications created as a result of technological change, which includes any of the work historically and/or currently performed by bargaining union employee shall be considered a coming under the scope of the bargaining unit. All current job classifications in the bargaining unit, which are changed as a result of technological change, shall remain within the bargaining unit. Any new job classification created as the result of technological change shall be considered as falling within the scope of the existing bargaining unit.

When, as a result of technological change, new or revised job classification are introduced into the bargaining, unit, the company shall insure that employees will be given the opportunity to acquire the knowledge and skills necessary to qualify for the new or revised job classifications.

ARTICLE 33

CONTRACTING OUT

33.1 When the company hires contract help to do bargaining unit work, the union will be notified in writing before the contractor is on the property, anticipated hours, and the length and job assignment.

ARTICLE 34

DURATION OF AGREEMENT

This memorandum of Agreement is to take effect as of February 17, 2005 and shall remain in full force and effect until February 17, 2008 and shall automatically continue in full force from year to year thereafter until terminated by written notice from either party to the other at least sixty (60) days prior to February 17, 2008.

Signed and accepted this 29th day of March, 2005.

for STE/NE ACQUISITION CORP., D/B/A NORTHLAND TELEPHONE COMPANY OF VERMONT

For the Company Date

For the Union Date

APPENDIX A

VERMONT HOURLY WAGE SCHEDULE

BONUS & WAGE TREATMENT

Wage Schedule

Communications Technician

Effective Effective Effective

2/17/05 2/17/06 2/17/07

Minimum $ 12.00 * *

Maximum $ 22.67 * *

* Minimum & maximum to be determined based on the wage increase percentage that’s awarded. It will be at least 1% higher than the previous year.

Service & Sales Associate Wage schedule not applicable at this time

1. Wage Increases:

Effective 2/17/05:

2.5% base wage increase

Employee below the maximum of payscale will receive a 2.00/hr wage increase. This is applicable to the current employee hired prior to 2/17/05

All employees will receive a 3% one time bonus of base wages

Effective 2/17/06:

1% increase to base wage, and if applicable, any additional wage increase percentage that’s awarded to the Maine hourly employees.

If the Maine hourly employees were only given a bonus, then the equivalent amount of the 1% wage increase will be deducted from the bonus award for the Vermont hourly employees.

Employee(s) below the maximum of the payscale, are eligible to receive up to a $1.50/hr wage increase providing the Maine hourly employees receive a wage increase.

The above wage increases and bonuses are awarded only if the employee’s performance is meeting requirements and SMART goals

are achieved.

Effective 2/17/07:

1% increase to base wage, and if applicable, any additional wage increase percentage that’s awarded to the Maine hourly employees.

If the Maine hourly employees were only given a bonus, then the equivalent amount of the 1% wage increase will be deducted from the bonus award for the Vermont hourly employees.

Employee(s) below the maximum of the payscale, are eligible to receive up to a $1.50/hr wage increase providing the Maine hourly employees receive a wage increase.

The above wage increases and bonuses are awarded only if the employee’s performance is meeting requirements and SMART goals are achieved.

APPENDIX B

PRODUCT KNOWLEDGE INITIATIVE &

DSL EMPLOYEE SERVICE AGREEMENT

Policy Number	FPNE-1003
Revision Number	001
Form Number	N/A
Applies to:	All Employees
Effective Date	5/23/04; updated 11/18/04; update 4/1/05
Written by:	B. Wadleigh
Approved by:	S. Johnson

STANDARD OPERATING POLICY FOR

EMPLOYEES OF

FAIRPOINT NEW ENGLAND FOR

PRODUCT KNOWLEDGE INITIATIVE

POLICY

It is the philosophy of the company that in order for all employees to become knowledgeable of the current products FairPoint New England (FPNE) offers, employees need to know how our products work. The best way to know a product is to use it. Effective May 23, 2004 all regular full-time and part-time employees (after successfully completing the 90-day new-hire evaluation period) who live in FPNE’s service area or where FPNE provides non-regulated services, will be eligible for the following switch-based services free of charge (depending upon availability). Bundled packages are not part of this offering. Note - all taxes, fees, surcharges, FUSC do not apply to this free offer. It is the employee’s responsibility to pay for these types of charges.

Residential Line Rate (one line; economy or premium)

Pivot Dial-up

*Pivot DSL or Connex DSL – Levels 1 & 2 Only (Line must loop qualify)

Caller ID with Name (Free ID box)

Call Waiting on CNAM

Call Waiting

3-Way Calling

Call Forwarding

Remote Call Forwarding

Repeat Dialing

Call Return (standard & premium)

Voice Mail (standard only)

Speed Calling (8 & 30)

Ringer ID (teen service)

Telemarketing Do Not Disturb

Anonymous Call Rejection

Call Screening (selective call rejection and acceptance)

Toll Control w/ Pin

* DSL Employee Service Agreement required

PROCEDURES

On acceptance of these services and the Employee DSL Service Agreement, it is expected that you as an employee of FPNE become knowledgeable of the services and seek opportunities to sell and support these services to FPNE customers.

Eligibility Requirements;

1. Regular full-time or part-time employee (successfully completed new hire 90-day evaluation period)

2. Employee must reside at the location where services are being provided

2. All services must be listed in the employee’s full legal name
3. DSL – Line must loop qualify
4. Signed DSL Employee Service Agreement (if applicable)
5. Must keep bill current

The Company will incur no special construction expense. Future areas or exchanges may be added as facilities and service availability allow.

The modem, software, and related equipment will remain the property of FPNE and must be returned in the event of employment separation.

This offering is made to full-time and part-time regular employees and is not considered part of the company’s provided benefit plan. This offering may change or be withdrawn at any time, with or without notice.

To sign-up, please send an e-mail to a Customer Service Supervisor in Maine. Please include your name, home phone number, and if applicable, a signed copy of the DSL Services Agreement

RESPONSIBILITY APPLIES TO:

Responsibility applies to all employees of FairPoint New England.

DSL EMPLOYEE SERVICE AGREEMENT

Free DSL Service

THIS AGREEMENT sets forth the terms and conditions under which FairPoint New England (“Company”) is selling to the person signing below (“EMPLOYEE”) the Company’s DSL service offering.

As a regular employee of the Company, by signing this agreement, I agree to all the terms and conditions of this service offering.

I further agree that this is not a Company benefit and that the Company has the right to change or discontinue this employee free service at any time for any reason with or without notice.

I will inform the Company if or when my employment ends (voluntarily or involuntarily) that I have this service and understand that if I wish to continue the service, I will be charged going forward the full regular customer rate.

I agree to the payment terms of this service and will keep my account current.

THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE SUFFERED BY THE EMPLOYEE THROUGH USE OR LACK OF EQUIPMENT PURCHASED UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OF PROFIT, LOSS OF INCOME, DAMAGE TO PERSONAL PROPERTY, OR ANY LIABILITY EMPLOYEE MAY INCUR TOWARD ANOTHER PERSON.

In the event that the Company is required to retain legal services or advice to enforce any of its rights under this Agreement, or must take action to enforce this Agreement in any court, the Company shall be entitled to its reasonable attorney fees together with costs incident to any legal proceeding concerning the terms of this Agreement. It shall be the responsibility of the Employee for these fees.

I have read and understand the terms and conditions of this Agreement. This Agreement is signed this ________ day of ___________________, year of .

EMPLOYEE

(Print Name)