Collective Bargaining Agreement between Employer and IBEW Union, Summaries of Construction

Download Collective Bargaining Agreement between Employer and IBEW Union and more Summaries Construction in PDF only on Docsity! 1 INSIDE CONSTRUCTION AGREEMENT Agreement by and between the Southern Nevada Chapter of the National Electrical Contractors Association, Inc., and Local Union 357, IBEW. It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement. As used hereinafter in this Agreement, the term “Chapter” shall mean Southern Nevada Chapter of the National Electrical Contractors Association, Inc., and term “Union” shall mean Local Union 357, IBEW. The term “Employer” shall mean an individual firm who has been recognized by an assent to this Agreement. BASIC PRINCIPLES The Employer and the Union have a common and sympathetic interest in the Electrical Industry; therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the public. Progress in the industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational, common sense methods. All statements and words in this agreement, referring to gender in any way, include all genders. Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: ARTICLE 1 Effective Date – Changes – Grievances – Disputes Section 1.01 This Agreement shall take effect June 1, 2009, and shall remain in effect until May 31, 2012, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from June 1 through May 31 of each year, unless changed or terminated in the way later provided herein. Section 1.02 (a) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter. (b) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise. 2 (c) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes. (d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this Agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this Agreement or any subsequent anniversary date. The Council’s decisions shall be final and binding. (e) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council. (f) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change. Section 1.03 This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement. Section 1.04 There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein. Section 1.05 There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within forty-eight hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives. 5 or any other disciplinary action by the Employer against any employee for an employee to refuse to cross a lawfully established primary picket line whether at the premises of another Employer or the employee’s own Employer. Section 2.09 Any employee exercising such right shall carefully put away all tools, materials, equipment or any other property of the Employer in a safe manner. Each employee will be responsible for any loss to the Employer for neglect in carrying out this provision but only when a safe place is provided for by the Employer. Section 2.10 The Employer shall not work with the tools (except in emergency cases to protect life and property) or be personally employed except in a supervisory or managing capacity, except that employers continuously employing three (3) or less journeymen may do small jobs necessary for the efficient operation of the business. Section 2.11 The Employer shall not loan or cause to be loaned the workmen in his employ to any other employer without first securing permission of the Union and then only when applicants possessing the required skills are not available under the referral procedure. Section 2.12 The Union shall have the right to appoint a steward at any shop or job where workmen are employed under the terms of this Agreement. At any time on any one project the Employer and the Union through written mutual consent may choose to have additional stewards appointed. If a second steward has not been previously agreed by written mutual consent, the Union shall have the right to appoint an additional steward without written mutual consent after 125 workmen, as described above, are so employed. Such stewards shall be allowed sufficient time during the regular working hours, without loss of pay to see that the terms and conditions of this Agreement are enforced. Under no circumstances shall the Employer dismiss or otherwise discriminate against an employee for making a complaint or giving evidence with respect to an alleged violation of any provision of this Agreement. An additional working steward shall be appointed for each one hundred and twenty- five (125) workmen thereafter. Steward Qualifications (a) The Union will appoint only individuals who meet minimal or greater qualifications and certifications as required to serve as a steward. Qualifications shall include: Demonstrated understanding of the Inside Construction Agreement, effective communication and conflict resolution 6 skills. (b) The steward will notify his immediate supervisor of the duties that would cause him to be away from his assigned work before he performs said duties provided the said supervisor is immediately available and on the job. No steward will interfere with the work of any other employer. (c) A steward will not be laid off or fired (except for a gross misconduct such as intoxication or drinking of intoxicating beverages, fighting or stealing, on the job) until the matter has first been discussed with the Union. If no agreement is reached within twenty-four (24) hours, the matter will then be referred to the Business Manager and the Chapter Manager, and in the event they cannot agree within an additional twenty-four (24) hours, either party may then request a hearing before the Labor Management Committee. It is understood that the steward will be comparable to other workmen on the job and will not have preference over regular foremen in the reduction of force. (d) The steward’s appointment will become effective upon notification in writing to the individual employer and the chapter office. (e) No steward will be authorized to cause a stoppage of work on any job and in the event he is unable to adjust any matter, the Business Manager of the Local Union will be notified immediately. Section 2.13 The representatives of the Union shall be allowed access to any shop or job where workmen are employed under the terms of this Agreement provided there be no interference with any work being performed. When practical, the Business Manager or representative will notify the Employer’s supervision on the site prior to meeting with the employees. The Employer shall be notified in advance of any jurisdictional meeting at the job site. Section 2.14 No complaint dispute or grievance shall be considered unless written notice is delivered by the aggrieved party to the Union and Chapter within fifteen (15) regular working days from the date on which the alleged complaint, dispute or grievance first occurred except in cases involving fringe benefit payments. Section 2.15 No employee, or members of the Union or their agents shall give or accept, directly or indirectly, any rebate of wages. Any Employer found violating this provision 7 shall be subject to having his agreement terminated upon written notice thereof being given by the Union. Section 2.16 The policy of this Local Union and its members is to promote the use of materials and equipment manufactured, processed or repaired under economically sound wage, hours and working conditions, by their fellow members of the International Brotherhood of Electrical Workers. Section 2.17 The Local Union is part of the International Brotherhood of Electrical Workers and any violations or annulment by an individual employer of the approved agreement of this or any other Local Union of the IBEW, other than violations of Section 2.18 of this Article, will be sufficient cause for the cancellation of this Agreement by the Local Union after a finding has been made by the International President of the Union that such a violation or annulment has occurred. Section 2.18 The subletting, assigning, or transfer by an individual employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting, or repair of a building, structure or other work, will be deemed a material breach of this Agreement. Section 2.19 All charges of violations of Section 2.18 of this Article shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. Section 2.20 – Substance Abuse Policy The dangers and costs that alcohol and other chemical abuses can create in the contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component. The local parties recognize that the implementation of a drug 10 security, enhance economic and community development, and promote the general welfare of the community and industry; 6) to encourage and support the initiation and operation of similarly constituted local labor-management cooperation committees; 7) to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production; 8) to engage in public education and other programs to expand the economic development of the electrical construction industry; 9) to enhance the involvement of workers in making decisions that affect their working lives; and 10) to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals. The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said Agreement and Declaration of Trust. Each employer shall contribute one cent (1¢) per hour worked under this Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. Southern Nevada Chapter NECA, or its designee, shall be the collection agent for this Fund. If an Employer fails to make the required contributions to the Fund, the Trustees, shall have the right to take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorney’s fees. Section 2.22 All signatory contractors shall complete State and Federal Davis-Bacon Prevailing 11 Wage Survey forms and file them with both the governing body and the LMCC office by the due date. Those contractors not complying with these requirements will be in violation of this agreement and will be subject to a two thousand five hundred dollar ($2,500.00) fine payable to the LMCC. Section 2.23 It is agreed that the transfer of employees to different shifts shall be by mutual consent of the Employer and employee. Employees not wishing to transfer to a different shift or job, due to a mutually agreed hardship, shall receive a reduction in force. Section 2.24 Employees and applicants for employment shall comply with the Substance Abuse Policy established by the parties to this Agreement. Any disputes regarding an interpretation of this Substance Abuse Policy shall be handled in accordance with Article 1 of this Agreement. Where such testing is effected, the Employer shall pay for the required test and shall compensate each employee for one (1) hour’s wages. If the employee’s test result is not negative the employee will not be paid the one (1) hour for taking the drug test, the Employer agrees to pay only the hours spent in orientation and actual time worked. Section 2.25 Following a demand by the Local Union for recognition as the NLRA Section 9(a) majority collective bargaining representative, the Employer recognizes the Local Union as the Section 9(a) majority collective bargaining representative for all employees performing bargaining unit work, based on a showing by the Local Union or an offer by the Local Union to show evidence that a majority of the employees authorize the Local Union to represent them in collective bargaining. ARTICLE 3 Referral Procedure Section 3.01 In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral applicants for employment, preserving that legitimate interest of the employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment. 12 Section 3.02 The Union shall be the sole and exclusive source of referral of applicants for employment. Section 3.03 The Employer shall have the right to reject any applicant for employment. Section 3.04 The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of union membership policies or requirements. All such selection and referral shall be in accord with the following procedure. Section 3.05 The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies. GROUP I All applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a journeyman-wireman’s examination given by a duly constituted Inside Construction Local Union of the IBEW or have been certified as a journeyman wireman by any Inside Joint Apprenticeship and Training Committee, and, who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement. Group I status shall be limited to one local union at a time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall, by electronic means, notify the business manager of the applicant’s former Group I status local union. 15 The neutral member of the Appeals Committee may, in his or her sole discretion: 1. Require the applicant to obtain further training from the JATC before again being eligible for referral; 2. Disqualify the applicant for referral for a period of four weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of the conduct; 3. Refer the applicant to an employee assistance program, if available, for evaluation and recommended action; 4. Restore the applicant to his/her appropriate place on the referral list. Section 3.14 The only exceptions which shall be allowed in this order of referral are as follows: (a) When the Employer states bona fide requirements for special skills and abilities in his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities. (b) The age ratio clause in the Agreement calls for the employment of an additional employee or employees on the basis of age. Therefore, the Business Manager shall refer the first applicant on the register satisfying the applicable age requirements provided however, that all names in higher priority groups, if any, shall first be exhausted before such overage reference can be made. Section 3.15 An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or the Association, as the case may be, and a Public Member appointed by both these members. Section 3.16 It shall be the function of the Appeals Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Sections 3.01 through 3.14 of the Agreement. The Appeals Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with by the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of its business but it 16 is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decision shall be in accord with this Agreement. Section 3.17 A representative of the Employer or of the association, as the case may be, designated to the Union in writing, shall be permitted to inspect the referral procedure records at any time during normal business hours. Section 3.18 A copy of the referral procedure set forth in this Agreement shall be posted on the bulletin board in the offices of the Local Union and in the office of the employers who are parties to this Agreement. Section 3.19 Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the agreement between the parties. ARTICLE 4 Regular Work Week Section 4.01 Eight (8) hours work, Monday through Friday, between the hours of 6:00 a.m. and 4:30 p.m., with thirty (30) minutes for lunch established between the fourth and fifth hour of the work day shall constitute a day’s work. All work performed outside of the stated hours will be paid at the overtime rate. (a) Starting time adjustments shall be for no less than five (5) continuous working days at the shop or the job specified. Regular starting time established outside of the normal 7:00 a.m. will be made by providing written notification of requested changes to the IBEW Business Manager and the NECA Chapter Manager. In order to promote peaceful harmony on any job or project, the lunch period starting time can be changed by mutual consent. (b) Where required by the job conditions, the Employer may request a job site conference with the authorized representative of the Local Union and Southern Nevada Chapter of NECA to resolve the job site conditions. Should the authorized representative be unable to mutually agree to resolve the conditions, they shall be referred to the procedure outlined in Article 1. (c) There shall be a ten (10) minute break each regular work day in the first half 17 of each work day. If an employee is required to work two (2) or more hours overtime after the regular work day (or shift) a ten (10) minute break will be taken at the end of the regular work day (or shift) or at the time established by the Employer. This break shall be taken in the employees’ immediate work area. Section 4.02 Saturdays, Sundays and holidays will not be considered as regular work days. Section 4.03 When an employee is required to work more than two (2) hours overtime after the regular work day or shift, a supplemental meal period of thirty (30) minutes will be established and at the completion of each six (6) hour period thereafter. If an employee works more than two (2) hours before the start of a regular work day or shift a fifteen (15) minute break will be established, this break is to be taken in the immediate work area. Employees released from work on or before a meal period will not be entitled to the meal provisions. Supplemental meal periods and the aforementioned fifteen (15) minute break are subject to variation so that continuous service may be maintained. On each occasion, the Employer may elect to purchase and furnish the meal to be eaten on the employees’ own time or have the employee purchase the meal to be eaten on the Employer’s time. Section 4.04 No employee will be required to take time off from the regular work day or work week for overtime worked or to be worked, excepting to provide for eight (8) hour rest periods as provided for in Section 4.09 of this Article. Section 4.05 When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the “day shift” shall be paid at the regular hourly rate of pay for all hours worked. The second shift (swing shift) shall consist of eight (8) consecutive hours worked between the hours of 4:30 p.m. and 1:00 a.m. Workmen on the “swing shift” shall be paid at the regular hourly rate of pay plus 17.3% for all hours worked. 20 If any of the above holidays should fall on Saturday, the preceding workday will be observed as the legal holiday. If any of the above holidays should fall on Sunday, the following workday will be considered the legal holiday. All work performed on the above holidays shall be paid at the double (2X) the straight time rate of pay. An employee shall be allowed to observe Martin Luther King Day, and/or Nevada Day as a day off without pay or penalty provided the Employee notifies the Employer not less than forty-eight (48) hours prior to the day of observance and the Employer mutually agrees. Section 4.12 No work shall be performed on Labor Day, except in case of emergency, and then only after permission is granted by the Business Manager of the Union. Section 4.13 The minimum wage schedule shall be: General Foreman: Not less than twenty-two percent (22%) an hour differential above the journeyman’s rate of pay. Foreman: Not less than eleven percent (11%) differential above the journeyman’s rate of pay. Journeyman Wireman: Effective Increase Wages 06/01/2009 0 $39.21 12/01/2009 $1.55 $40.76 06/01/2010 Wage Opener 06/01/2011 Wage Opener Journeyman Technician: Effective Increase Wages 06/01/2009 0 $39.21 21 12/01/2009 $1.55 $40.76 06/01/2010 Wage Opener 06/01/2011 Wage Opener Journeyman Cable Splicer: Premium pay for Cable Splicer will be $.50 per hour. Effective Increase Wages 06/01/2009 0 $39.71 12/01/2009 $1.55 $41.26 06/01/2010 Wage Opener 06/01/2011 Wage Opener A journeyman wireman when welding shall receive five percent (5%) over the journeyman wireman rate of pay. Apprentice shall be classified and accredited with time having been served according to the decision of and approved by the Joint Apprenticeship Committee. Apprentices indentured after June 1, 2003 shall enter the program on the following progression: 1st Period 45% of JW rate 2nd Period 50% of JW rate 3rd Period 60% of JW rate 4th Period 65% of JW rate 5th Period 75% of JW rate 6th Period 85% of JW rate Section 4.14 –Hazard Work Payment (a) All employees working on temporary staging, ladders, apparatus, devices and other structures that are not protected by a guardrail system that meets OSHA standards as specified in Subpart M of CFR 1926 and are within five (5) feet of a direct fall of sixty (60) feet or more shall be paid an additional one-half (½) the straight time hourly rate of pay for all such work performed. The use of body harnesses, and/or nets, shall not circumvent the payment of hazard pay as referenced in this Article nor will their use require the payment of hazard pay. 22 (b) Employees required by the Employer to wear both full protective clothing (coveralls, boots, gloves, caps, etc.) and a full face respirator shall receive ten percent (10%) above their rate of pay. Thirty (30) minutes or more of wearing both the clothing and respirator, mentioned above, will entitle the workman to a minimum of two (2) hours premium pay for that day. When the workmen are required to wear both the clothing and the respirator over two (2) hours, they shall be paid premium pay for the actual time both the clothing and the respirator are worn. Section 4.15 (a) Wages shall be paid weekly in cash or by payroll check not later than quitting time on Friday and not more than three (3) days wages may be withheld at that time. If a holiday falls on Friday, payday will be on the preceding work day. (b) Direct Deposit – Employees may voluntarily allow for direct electronic deposit of wages on a weekly basis to the bank or credit union of the employees choice, if offered by the Employer. Weekly check stubs showing all deductions shall be supplied to the employee by the Employer. This manner of payment, once adopted, may not be changed except upon a 14 day advance written notification between the employee and the Employer with notification copied to the Union. If the monies are delayed and it is not the fault of the contractor, waiting time will not apply. Section 4.16 In the event the employee is not paid before the end of his regular eight (8) hour shift on his regular payday, the employee shall remain on waiting time at the straight time rate of pay until such pay is received. Such waiting time shall not exceed eight (8) hours per day. Section 4.17 Any Employer delivering a check for wages without sufficient funds to cover said check shall be considered as not having paid his employee and the waiting time described herein shall begin at the end of the shift that such employee received the insufficient check. Section 4.18 Any workman laid off or discharged by the employer shall be paid all his wages immediately; in the event that he is not paid off, waiting time at the regular rate shall be charged until payment is made. Such waiting time shall not exceed eight 25 Section 4.28 (a) On any job requiring three (3) or more workmen, one shall be designated as foreman by the Employer. A foreman is a workman who may supervise a crew of ten (10) journeymen or fifteen (15) workmen including himself/herself. (b) On any job requiring more than ten (10) journeymen, an additional foreman is required. (c) No foreman shall give orders to or take orders from another foreman. (d) All foremen and general foremen shall have the classifications and qualifications of journeyman wireman. (e) On jobs having a foreman, workmen are not to take orders, or accept the layout of any job from anyone except their foreman, except where an immediate decision is necessary. (f) No foreman of one job shall at the same time supervise work on another job. No foreman of one job shall be transferred to another job and displace a journeyman of that job on overtime. Section 4.29 A general foreman is an employee in charge of a job and directing other foremen. A general foreman will be designated at such time as there is in excess of two (2) foremen under this Agreement on any job or project. Section 4.30 (a) In any shop employing up to fifteen (15) employees, one (1) of the journeymen may be designated as shop foreman. He shall be in charge of laying-out work and may directly supervise up to ten (10) journeyman and/or foremen provided that the aggregate total of the journeymen and/or foremen does not exceed a total of fifteen (15) employees. In any shop employing more than fifteen (15) employees, one (1) journeyman may be designated as shop general foreman. The shop general foreman may supervise foremen, and he may supervise journeymen when they are on a job that does not include a foreman. Except as provided above in this section, no foreman may direct another foreman. 26 (b) The Employer shall have the right to call foremen by name provided: 1. The employee has not quit his previous employer within the past two weeks. 2. The Employer shall notify the Business Manager in writing of the name of the individual who is to be requested for employment as a foreman. Upon such request, the Business Manager shall refer said foreman provided the name appears on the highest priority group. 3. When an employee is called as a foreman, he must have worked for the Employer within the last six (6) months in this jurisdiction, also he must remain as a foreman for five hundred (500) hours or must receive a reduction in force. Only one (1) foreman may be called per job, off of Book 1 only. Section 4.31 The Business Manager of the Union shall have the privilege of checking time books for Employers with respect to workmen employed under the terms of this Agreement when necessary. Section 4.32 On all jobs requiring five (5) or more journeymen, at least every fifth (5th) journeyman, if available, shall be fifty (50) years of age or older. Section 4.33 Journeymen shall provide themselves with the following tools only: Knife, Pencil, Claw Hammer, Level (small magnetic torpedo), Screw Drivers (not over 8”), Center Punch or Scratch Awl, Keyhole Saw, Hacksaw Frame, two (2) Crescents (one 12”), Tri-square, Chalk Line, Pliers (side cutter, diagonal, long-nose), two (2) Channel Lock Pliers not to exceed size 430, Voltage Tester (coil type), small wire strippers (equal to Ideal – 45-120), tape measure (25’ to 30’), mini-mag flashlight (Employer to supply “AA” batteries). Journeyman Cable Splicer shall furnish hand tools only. 27 Section 4.34 The Employer shall furnish all other necessary tools or equipment. Workmen will be held responsible for the tools or equipment issued to them providing the Employer furnished the necessary lockers, tool boxes or other safe places for storage. Section 4.35 The Employer shall furnish a lockable place for the employees to leave their tools during the time that the employees are off the job or project. Where substantial evidence of loss by fire, vandalism or burglary, outside of regular working hours, of tools from the place provided by the Employer is established, the Employer will replace tools within seventy-two (72) hours. The Employer will be held responsible for all tools and replacement of tools shall not exceed Section 4.33. Section 4.36 Workmen shall install all electrical work in a safe and workmanlike manner in accordance with applicable code . Section 4.37 A journeyman shall be required to make correction on improper workmanship for which he is responsible on his own time and during regular working hours, unless errors were made by orders of the Employer or the Employer’s representative. Employers shall notify the Union of workmen who fail to adjust improper workmanship and Union assumes responsibility for the enforcement of this provision; correction to be made only after a fair investigation by the Employer and the Business Manager of the Union. Section 4.38 – Zone Pay Any shop established for a period of one (1) year (such a shop with business phone, open to the public during normal work hours) in Boulder City, Henderson, Pahrump, North Las Vegas and Las Vegas, the employee will report to the shop free. (a) The area bound by a twenty-five (25) mile radius from the intersection of Main Street and Fremont Street in Las Vegas is hereby established as Free Zone. (b) The area bound by a fifty-five (55) mile radius from the intersection of Main and Fremont Street shall receive two dollars and fifty cents ($2.50) per hour at the straight time rate for Zone Pay. 30 conductors or between any conductor and ground, unless assisted by another journeyman. In no case shall cable splicers be required to work on energized cables carrying in excess of four hundred and forty (440) volts. Section 4.45 Employers under the terms of this Agreement shall handle and install all electrical equipment, appliances, apparatus and materials furnished under the scope of the Employer’s contract on the job or project. Any jurisdictional disputes shall be handled in accordance to the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry including Procedural Rules and Regulations. Section 4.46 On all energized circuits or equipment carrying 440 volts or over, as a safety measure, two (2) or more journeymen must work together, one standing by, wearing rubber gloves that have been tested per OSHA Standard 1910.137(b) (2) (viii). In accordance with industry practice, the tagging, and/or locking out of any circuits or equipment shall be performed by the employee who is to work such circuits or equipment. The employee’s supervisor shall also be responsible to know the locations where such equipment and circuits may be isolated. Section 4.47 No workman shall use any automobiles in a manner detrimental to the best interests of other workmen nor shall any workman use his automobile to transport the Employer’s tools or materials. Section 4.48 Where pipe cutting and threading machines are used on the job, same shall be operated by a journeyman or under his immediate supervision. Section 4.49 An Employer signatory to a collective bargaining agreement or to a Letter of Assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four (4) bargaining unit employees employed in that Local Union’s jurisdiction into this Local’s jurisdiction and up to two (2) bargaining 31 unit employees per job from that Local’s jurisdiction to this Local’s jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice-President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations. Section 4.50 In order to be competitive in the market and to meet the special needs of Employers on particular jobs, the Union may provide special consideration to Employers who request such treatment and who demonstrate, to the Union’s satisfaction, a specific marketing need with regard to a particular job. Any special terms, conditions, modifications, or amendments so provided by the Union, shall be implemented with regard to the particular job for which they were requested. To the extent feasible within time constraints, such special terms, conditions, modifications, or amendments shall be made available to all signatory Employers with regard to the particular job in question, but shall not constitute an action subject to the favored nations clause in the Agreement. Section 4.51 It shall be the Employer’s responsibility to see that bottled or adequately filtered iced or chilled drinking water and cups are provided on all jobs. Containers shall be washed daily, sealed and on the job within one hour after starting time. Carrying ice to a job in a company vehicle is not considered working. Section 4.52 All vehicles operated by employees covered under the terms of this Agreement must have company identification signs not less than two hundred twenty- five (225) square inches each visible from the outside on both sides of the vehicles. Newly acquired vehicles will be so identified within fifteen (15) days. This identification does not apply to government furnished vehicles. Section 4.53 Safety. There shall be a Joint Safety Committee consisting of three (3) members representing the Employer and three (3) members representing the Union. The duties of this Committee shall be to develop and recommend safe work rules that are equal to or greater than the Standards of Construction as established by the 32 Occupational Safety and Health Act of 1970, or other applicable federal or state laws. Such rules, and the other safety rules provided in this Article are minimum rules and are not intended to imply that the Union objects to the establishment and imposition by the Employers of additional or more stringent safety rules to protect the health and safety of the employees. (a) It is the Employer’s exclusive responsibility to insure the safety of its employees and their compliance with these safety rules and standards. (b) It shall also be the function of this Committee to study these safe work rules and recommend their update to the parties to this Agreement for possible inclusion in this Agreement. This Committee shall meet at least once each quarter and also when called by the Chairman or when called by a majority of the current Committee members. (c) Members of the Joint Safety Committee shall be selected by the party they represent. Their term of office shall be three (3) years unless removed by the party they represent. The term of one (1) Employer and one (1) Union representative shall expire each year with successors to be determined in the same manner as the original appointments were made. A Committee member is eligible to succeed himself. ARTICLE 5 Apprenticeship and Training Section 5.01 There shall be a local Joint Apprenticeship and Training Committee (JATC) consisting of a total of eight (8) members who shall also serve as trustees to the local apprenticeship and training trust. An equal number of members four (4) shall be appointed, in writing, by the local chapter of the National Electrical Contractors Association (NECA) and the Local Union of the International Brotherhood of Electrical Workers (IBEW). The local apprenticeship standards shall be in conformance with national guideline standards and industry policies. All apprenticeship standards shall be registered with the NJATC and thereafter submitted to the appropriate registration agency. The JATC shall be responsible for the training of apprentices, journeymen, installers, technicians, and all others (unindentured, intermediate journeymen, etc.) 35 Section 5.10 To accommodate short-term needs when apprentices are unavailable, the JATC shall assign unindentured workers who meet the basic qualifications for apprenticeship. Unindentured workers shall not remain employed if apprentices become available for OJT assignment. Unindentured workers shall be used to meet job site ratios except on wage and hour (prevailing wage) job sites. Before being employed, the unindentured person must sign a letter of understanding with the JATC and the Employer – agreeing that they are not to accumulate more than two thousand (2,000) hours as an unindentured, that they are subject to replacement by indentured apprentices and that they are not to work on wage and hour (prevailing wage) job sites. Should an unindentured worker be selected for apprenticeship, the JATC will determine, as provided for in the apprenticeship standards, if some credit for hours worked as an unindentured will be applied toward the minimum OJT hours of apprenticeship. The JATC may elect to offer voluntary related training to unindentured; such as Math Review, English, Safety, Orientation/Awareness, Introductions to OSHA, First-Aid and CPR. Participation shall be voluntary. Section 5.11 The Employer shall contribute to the local health and welfare plans and to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. Contributions to other benefit plans may be addressed in other sections of this Agreement. Section 5.12 Each job site shall be allowed a ratio of 2 apprentice(s) for every 3 Journeyman Wiremen(man) . Number of Journeymen Maximum Number of Apprentices/Unindentured 1 to 3 2 4 to 6 4 etc. etc. The first person assigned to any job site shall be a Journeyman Wireman. A job site is considered to be the physical location where employees report for their work assignments. The employer's shop (service center) is considered to be a separate, 36 single job site. All other physical locations where workers report for work are each considered to be a single, separate job site. Section 5.13 An apprentice is to be under the supervision of a Journeyman Wireman at all times. This does not imply that the apprentice must always be in sight of a Journeyman Wireman. Journeymen are not required to constantly watch the apprentice. Supervision will not be of a nature that prevents the development of responsibility and initiative. Work may be laid out by the Employer’s designated supervisor or journeyman based on their evaluation of the apprentice’s skills and ability to perform the job tasks. Apprentices shall be permitted to perform job tasks in order to develop job skills and trade competencies. Journeymen are permitted to leave the immediate work area without being accompanied by the apprentice. Apprentices who have satisfactorily completed the first four (4) years of related classroom training using the NJATC curriculum and accumulated a minimum of 6,500 hours of OJT with satisfactory performance, shall be permitted to work alone on any job site and receive work assignments in the same manner as a Journeyman Wireman. An apprentice shall not be the first person assigned to a job site and apprentices shall not supervise the work of others. Section 5.14 Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating apprentices an appropriate diploma from the NJATC. The JATC shall encourage each graduating apprentice to apply for college credit through the NJATC. The JATC may also require each apprentice to acquire any electrical license required for journeymen to work in the jurisdiction covered by this Agreement. Section 5.15 The parties to this Agreement shall be bound by the Local Joint Apprenticeship and Training Trust Fund Agreement which shall conform to Section 302 of the Labor-Management Relations Act of 1947 as amended, ERISA and other applicable regulations. The Trustees authorized under this Trust Agreement are hereby empowered to determine the reasonable value of any facilities, materials or services furnished by either party. All funds shall be handled and disbursed in accordance with the Trust Agreement. 37 Section 5.16 All Employers subject to the terms of this Agreement shall contribute the amount of funds specified by the parties signatory to the local Apprenticeship and Training Trust Agreement. The Current rate of contribution is forty cents ($.40) per hour on straight time, sixty cents ($.60) on time and one-half, eighty cents ($.80) on all double time hours paid. This sum shall be due the Trust Fund by the same date as is their payment to the NEBF under the terms of the Restated Employees Benefit Agreement and Trust. ARTICLE 6 Health and Welfare & Pension Fund Section 6.01 (a) The Inside Agreement between the IBEW Local 357 and the Southern Nevada Chapter NECA prescribe that all contributions to Trusts and Depositories must be received (not postmarked) by the 15th of the month following the month in which the work is performed. Each payment must be accompanied by reports in a form prescribed by the Trusts. Any payment due which is not received in the office or depository of the Trust by the 15th of the month shall be considered delinquent. Any Employer considered delinquent on the 30th calendar day in the month which the funds were due, may be issued a seventy-two (72) hour notice, by the Business Manager, that bargaining unit employees may be removed from all work and no further referrals will be made until all accounts are settled. This does not waive any other legal or contractual rights that the Union, NECA, or the Trust Fund Trustees may have with respect to delinquent reports and/or contributions. This does not relieve any Employer from any responsibility outlined in any Agreement to which the firm is signatory. (b) It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund (NEBF), as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers on September 3, 1946, as amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF, the individual Employer will forward monthly to the NEBF's designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to, or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office 40 during any one (1) calendar year, but not exceeding one hundred fifty thousand man hours. (b) One hundred percent (100%) of all productive electrical payroll in excess of one hundred fifty thousand man hours paid for electrical work in any one chapter area during any one calendar year. (Productive electrical payroll is defined as the total wages including overtime paid with respect to all hours worked by all classes of electrical labor for which a rate is established in the prevailing labor area where the business is transacted.) Payment shall be forwarded monthly to the National Electrical Industry Fund in a form and manner prescribed by the trustees no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. Failure to do so will be considered a breach of this Agreement on the part of the individual Employer. Subsection A The Employer shall pay an amount equal to not to exceed two tenths of one percent (.02%) of his gross monthly payroll covering all work under the terms of this Agreement to the Contract Administration Fund (CAF). Subsection B These contributions will assist in offsetting the costs associated with administering the Apprenticeship and Journeyman Training Trust, Contract Administration Fund, Health and Welfare Trust, Labor-Management Cooperation Committee, Pension Trust, and Voluntary Dues Deduct Fund. These funds will also assist in offsetting the costs associated with negotiating the Inside Construction Agreement, grievance processing and resolution, resolution of referral system appeals and promoting of the interests of the union electrical construction industry. Subsection C These funds will not be used to the detriment of Local Union 357 or the International Brotherhood of Electrical Workers. Subsection D CAF contributions shall be submitted with all other fringe benefit contributions on the monthly fringe benefit transmittal report. Such monies shall 41 be paid on or before the fifteenth (15th) day of the month succeeding the month in which the work was performed. Subsection E The Fund is to be administered solely by the Southern Nevada Chapter NECA. The enforcement of collections regarding delinquent payments shall be the sole responsibility of the Fund which may pursue all available avenues, exclusive of the grievance and arbitration procedure in this Agreement. The Fund agrees to indemnify and hold harmless the Union against any and all forms of liability that may arise out of any actions which have been requested by the Fund in complying with the provisions of this Article. The Administrator shall have the authority to recover the amounts owing plus attorney fees, court costs and interest at the prime rate plus two percent (2%). ARTICLE 7 Section 7.01 The Employer agrees to deduct and forward to the Financial Secretary of the Local Union - upon receipt of a voluntary written authorization - the additional working dues from the pay of each IBEW member. The amount to be deducted shall be the amount specified in the approved Local Union Bylaws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer. Section 7.02 The Employer shall deduct Union dues in the amount certified by the Local Union from weekly wages of those employees who have executed a Dues Deduction Authorization form for such deductions for the term of this Agreement. The Employer shall remit all sums deducted to the Financial Secretary of the IBEW Local 357 to be received no later than the fifteenth (15th) of the month following in which the deductions are withheld. If an employee, or employees who have executed a Dues Deduction Authorization form, should at any time claim or contend that the Employer acted illegally in deducting Union dues, the Union shall indemnify, defend, and hold the Employer harmless against all claims, damages, contentions, causes of action and/or lawsuits brought by such employee, or employees, including all costs, professional fees, and reasonable attorney fees, which the Employer may incur. ARTICLE 8 Section 8.01 The parties to this Agreement recognize that to meet the needs of our customers, 42 both employer and employee must meet the highest levels of performance, professionalism, and productivity. The Code of Excellence has proven to be a vital element in meeting the customers’ expectations. Therefore each IBEW local union and NECA chapter shall implement a Code of Excellence Program. The program shall include minimum standards as designed by the IBEW and NECA. The parties are instructed by the Council on Industrial Relations (CIR) to negotiate a Code of Excellence Program details by June 1, 2010. DEFINITIONS Regular Foreman: A regular foreman is an employee employed by a Contractor as a foreman on a full time basis. Shift Differential: Shift differential is a percentage increase for working second (2nd) or third (3rd) shifts. SEPARABILITY CLAUSE Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, such provisions shall immediately become null and void, leaving the remainder of the Agreement in full force and effect and the parties shall, thereupon, seek to negotiate substitute provisions which are in conformity with the applicable laws: SOUTHERN NEVADA CHAPTER NECA __________________________________ Jeffrey L. Westover Manager __________________________________ Date IBEW LOCAL UNION NO. 357 __________________________________ David R. Jones Business Manager/Financial Secretary __________________________________ Date