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Section 3 - SCOPE OF WORK
<br />This Agreement shall apply to the work classifications and operations incidental thereto as are herein generally
<br />and specifically described;
<br />Construction, erection, modification, addition to or improvement of a building structure or structures, the
<br />construction, erection, modification, addition to or improvement of an industrial plant commercial or institutional
<br />construction and the driving of sheeting, piling, caisson work, demolition of all types, slurry operations, foundation
<br />work or dewatering for a building structure, excavating of all types including subdivision work performed in St Joseph
<br />county, ramps, grading, resurfacing, curbs, gutters, sidewalks, parking areas, underground and utility work of all types
<br />including subdivision work performed in St Joseph county, sewers, subways, tunnels, water mains, piping, pipe jacking,
<br />all other underground and utility work, railroad spurs, and all land based operations involving lakes, harbors, and river
<br />improvements when in conjunction with building. When the occasion arises when an Operating Engineer working
<br />within the scope of this Agreement and is required to change to a scope of work of another agreement on the same day
<br />the conditions and wages most beneficial for the Operating Engineer shall prevail. It is understood there will be no
<br />duplication of hours or conditions in any case.
<br />In no event shall work coming within the jurisdiction of the Operating Engineers be assigned to any other craft
<br />employee.
<br />Section 4 - TERRITORIAL SCOPE
<br />This Agreement shall cover work in the following counties in Indiana:
<br />ST. JOSEPH, ELKHART, MARSHALL, NOBLE, KOSCIUSKO, FULTON and LAGRANGE.
<br />Section 5 - UNION SHOP
<br />All employees covered by this Agreement shall be obligated to become members of the Union after the 7th but
<br />not later than the 10th day of employment, the date of the execution of this Agreement or the effective date of this
<br />clause, whichever occurs later, as a condition of continued employment. All employees who are members of the Union
<br />shall maintain their membership in the Union and/or non-members maintain their permit fees as a condition of
<br />continued employment. Any employee who fails to become a member of the Union or fails to maintain his membership
<br />therein in accordance with the foregoing shall forfeit his right of employment, and the Employer shall immediately
<br />discharge such employee, provided, however, that the foregoing shall be strictly interpreted, construed, and applied in
<br />accordance with the applicable provisions of the National Labor Relations Act, as amended. This Section shall be null,
<br />void, and of no effect to the extent that compliance would be inconsistent with applicable law, in which case neither the
<br />Union nor the Employer shall enforce, or attempt to enforce, any of the provisions set forth in Section 5 as to any
<br />individual.
<br />ARTICLE IV
<br />Section 1- Work Day and Work Week
<br />(a) The regular starting time for a single shift operation Sunday through Saturday inclusive shall be
<br />scheduled at one of the following hours: 6:00 a.m., 6:30 a.m., 7:00 a.m., 7:30 a.m., and 8:00 a.m.
<br />The Employer must establish a regular starting time, then if the Employer desires to change the established
<br />starting time, the employee(s) must be notified before the quitting time of the employee's regular workday of any
<br />change in the established starting time for the following day.
<br />(b) EIGHT (8) HOURS shall constitute a normal workday between the hours of 6:00 a.m. and 2:30 p.m.,
<br />6:30 a.m. and 3:00 p.m., 7:00 a.m. and 3:30 p.m., and 7:30 a.m. and 4:00 p.m., 8:00 a.m. and 4:30 p.m., as the case
<br />may be pursuant to the established starting time as set forth in Section 1A of this Article.
<br />MICHIANA BUILDERS ASSOCIATION INC
<br />FINAL
<br />DFAGAN.JGARDNER.NCLINE
<br />MAY 19, 2017 mlc
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