Opening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 3

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COLLECTIVE BARGAINING AGREEMENT THIS AGREEMENT is entered into in South Bend, Indiana effective the 1st day of June, 2017, between the INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #150, AFL-CIO and the MICHIANA BUILDERS ASSOCIATION, INC. ARTICLE I Section 1- POLICY - This Agreement respecting wage rate increases and related matters has been made in anticipation of, as well as in recognition of all factors having to do with wage scales and for the additional purposes of stabilizing costs in the construction field, promoting the existing harmonious relationship between the parties and avoiding the possibility of interruptions of normal work and employment during the terms of this Agreement. With these purposes in mind, the parties have reached this Agreement and mutually agree to carry out the purposes thereof. Section 2 - MANAGEMENT RIGHTS The Association and Union agree that the Employer shall, at all times during the term of this Agreement, retain sole and exclusive right to manage the affairs of its business and to direct its employees in the performance of their duties, consistent with the terms of this Agreement. Such management rights shall include but are not limited to; the right to plan, direct, and control construction operations; the right to determine the amount of work needed, to change or modify schedules and working hours, to assign work, to assign foremen, to establish and adjust shifts, and to require overtime when necessary to meet the customer's requirements; the right to hire employees, transfer employees, suspend employees, lay off employees, discipline and/or discharge employees for just cause. This list of specific management rights shall not restrict or be construed as a waiver of any of the management rights not listed, except for those management rights that are specifically restricted by provisions of this Agreement or by the National Labor Relations Act. ARTICLE II EXCLUSIONS - It shall be understood that the following stipulations do not apply to Road Work or Bridges, as this is covered by a separate agreement. ARTICLE III Section 1- BARGAINING UNIT The Bargaining Unit shall consist of all employees engaged in work covered by the occupational jurisdiction of the Union with reference to any and all of the classifications described in Article III, Section 3, "SCOPE OF WORK", the wages, hours of work and all other terms and conditions of employment set forth in this Agreement, and the operation, maintenance, repair, moving, dismantling and assembly of all machines used on work coming within the occupational jurisdiction of the Union regardless of motive power. Section 2 - RECOGNITION The Association recognizes the Union as the sole and exclusive bargaining agent for all employees employed in work covered by the occupational jurisdiction of the Union by Employers who are now members of the Association, or such Employers as may hereafter become members of the Association or Employers signatory to this Agreement. The Union recognizes the Association as the sole and exclusive bargaining agent for its members and for such other firms, persons or corporations as may hereafter become members of the Association. All other contractor Employers engaged in work covered by classifications in this Agreement and the occupational jurisdiction of the Union shall be subject to the terms of this Agreement. MICHIANA BUILDERS ASSOCIATION INC FINAL DFAGAN.JGARDNER.NCLINE MAY 19, 2017 mlc