Download Collective Bargaining Agreement between Employer and IBEW Union and more Summaries Construction in PDF only on Docsity!
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.
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.
(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.
(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.
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.
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.
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.
Section 2.
The Employer recognizes the Union as the sole collective bargaining agency between itself and employees covered under the scope of this Agreement.
Section 2.
Members of the IBEW, except those meeting the requirements of an “Employer” as defined herein, shall not contract for any electrical work. Person or persons taking out licenses as contractors shall not be allowed to work back and forth as contractor or journeyman as the occasion arises.
Section 2.
The Union agrees that if, during the life of this Agreement, it grants to any other employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession.
Section 2.
Certain qualifications, knowledge, experience, and financial responsibility are required of everyone desiring to be an employer in the electrical industry. Therefore, an employer who contracts for electrical work is a person, firm, or corporation having these qualifications, a suitable financial status to meet payroll requirements and, where required, must be in possession of a valid Nevada State License as an electrical contractor, and employ at least one (1) journeyman regularly.
Section 2.
For all employees covered by this Agreement, the Employer shall carry Workman’s Compensation Insurance with a company authorized to do business in this state, and shall furnish satisfactory proof of such to the Union; he shall also make contributions to the Nevada Unemployment Compensation Commission.
Section 2.
The Union reserves the right to discipline its members for violations of its laws, rules and agreements.
Section 2.
It shall not be a violation of this Agreement and it shall not be cause for discharge
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.
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.
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.
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.
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
shall be subject to having his agreement terminated upon written notice thereof being given by the Union.
Section 2.
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.
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.
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.
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
and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations. Such policies and programs must also be administered in accordance with accepted scientific principles, and must incorporate safeguards to ensure fairness in application and protection of legitimate interest of privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA Chapter shall implement an area-wide Substance Abuse Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA. Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the requirements of those laws and regulations.
Section 2.21(a) – Labor Management Cooperation Committee
The parties agree to participate in a Labor Management Cooperation Fund, under authority of Section 6 (b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. § 175(a) and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C.§ 186(c)(9). The purposes of this Fund include the following:
to improve communications between representatives of Labor and Management;
to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;
to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;
to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry;
to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and industry;
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;
to engage in public education and other programs to expand the economic development of the electrical construction industry;
to enhance the involvement of workers in making decisions that affect their working lives; and,
to engage in any other lawful activities incidental or related to the
security, enhance economic and community development, and promote the general welfare of the community and industry;
to encourage and support the initiation and operation of similarly constituted local labor-management cooperation committees;
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;
to engage in public education and other programs to expand the economic development of the electrical construction industry;
to enhance the involvement of workers in making decisions that affect their working lives; and
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.
All signatory contractors shall complete State and Federal Davis-Bacon Prevailing
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.
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.
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.
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.
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.
GROUP II
All applicants for employment who have four or more years’ experience in the trade, and, who 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 an Inside Joint Apprenticeship and training Committee.
GROUP III
All applicants for employment, who have two or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, and who have been employed for at least six months in the last three years in the geographical area covered by the collective bargaining agreement.
GROUP IV
All applicants for employment who have worked at the trade for more than one year.
Section 3.
If the registration list is exhausted and the Union is unable to refer applicants for employment to the Employer within forty-eight hours from the time of receiving the Employer’s request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without using the referral procedure but such applicants, if hired, shall have the status of “temporary employees.”
Section 3.
The Employer shall notify the Business Manager promptly of the names and social security numbers of such “temporary employees” and shall replace such “temporary employees” as soon as registered applicants for employment are available under the referral procedure.
Section 3.
“Normal Construction Labor Market” is defined to mean the following geographical area plus the commuting distance adjacent thereto which includes the area from which the normal labor supply is secured: Clark and Lincoln Counties and that portion of Nye County south of the Mt. Diablo Base Line, State of Nevada.
The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-Bacon Act to which the Agreement applies.
Section 3.
“ Resident” means a person who has maintained his permanent home in the above defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as his permanent home.
Section 3.
An “Examination” shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the I.B.E.W. Reasonable intervals of time for examinations are specified as ninety (90) days. An applicant shall be eligible for examination if he has four years' experience in the trade.
Section 3.
The Union shall maintain an “out of work list” which shall list the applicants within each group in chronological order of the dates they register their availability for employment.
Section 3.
An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon re-registration be restored to his appropriate place within his group.
Section 3.
(a) Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in Group I in order of their place on the “out of work list” and then referring applicants in the same manner successively from the “out of work list” in Group II, then Group III and Group IV. Any applicant who is rejected by the Employer shall be returned to his appropriate place within his group and shall be referred to other employment in accordance with the position of his group and his place within his group.
(b) An applicant who is discharged for cause two times within a 12-month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant’s continued eligibility for referral. The neutral member of the Appeals Committee shall, within ten calendar days, review the qualifications of the applicant and the reasons for the discharges.
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.
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.
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.
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.
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
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.
Saturdays, Sundays and holidays will not be considered as regular work days.
Section 4.
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.
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.
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.
continue to be paid at the appropriate overtime rate until released.
As an example, an employee starting work at 2:00 a.m. whose regular starting time is 8:00 a.m. will be paid at the double time rate of pay until 10:00 a.m., at which time he may be released.
Section 4.
When an employee works overtime after any day or shift, he will continue to be paid at the appropriate overtime rate of pay until he is granted an eight (8) hour rest period. The rest period may extend into the regular work day thereby postponing the time for an employee to return to work to complete the regular work day. Travel time is included as part of the rest period. The eight (8) hours rest period provisions does not apply to emergency call outs.
Section 4.
In a sincere effort to further the best interests of the electrical industry, to stabilize the employment opportunities within the trade jurisdiction and to provide equal economic opportunities for all, employer and employee alike, it is mutually agreed that no construction work will be performed outside of the regular work week on family dwellings, except by prior notification to the Local Union of the specific hours to be worked and the names of the employees involved.
Section 4.
The following days are recognized holidays:
New Year’s Day Martin Luther King Holiday* Washington’s Birthday (President’s Day) Memorial Day Independence Day Labor Day Nevada Day* Veteran’s Day Thanksgiving Day Friday following Thanksgiving Day Christmas Day
- Denotes that upon each of the member local unions belonging to the Southern Nevada Building Trades Council having initiated observance of this proposed holiday, the holiday will be recognized as part of the holidays observed by the parties to this Agreement.
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.
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.
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. 12/01/2009 $1.55 $40. 06/01/2010 Wage Opener 06/01/2011 Wage Opener
Journeyman Technician:
Effective Increase Wages
06/01/2009 0 $39.
