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(C) In the event the Union is entitled to recover its costs and attorney fees under any provision of this <br />Agreement, and these costs are unpaid the Union shall be entitled to resort to all legal and economic remedies, <br />including the right to strike until such failure to pay has been corrected. <br />(D) Legitimate Picket Line - It shall not be a violation of this agreement or disciplinary action in the event <br />an employee refuses to enter upon any property involved in a legitimate labor dispute or refuses to go through <br />or work behind any picket line on the Union party to this Agreement and including picket lines at any <br />Employer's place or places of business. Furthermore, an employee may refuse to cross any picket line when he <br />fears bodily harm may be done to him. <br />Section 9 - Bonding of Employer <br />The Union may at its discretion demand payment bond of any Employer guaranteeing payment of all earnings <br />and/or other Fringe Benefit payments as provided for in this Agreement. <br />Section 10 - Job Steward <br />The job steward shall be selected bythe Union from amongthe members of the Bargaining Unit employed atthe <br />job site at the time of selection. The job steward shall be a working employee. The Union shall have the right to <br />designate which employee shall be the steward or acting steward. The job steward shall have no special employment <br />priority or security. In case of any minor difficulty, the steward shall be permitted reasonable time to adjust same. <br />Section 11 - Discharge <br />The Employer shall have the right to discharge any employee for just cause. The Employer shall notify the <br />Union as soon as possible, but in no event later than the close of business on the second regular working day after such <br />discharge. A normal layoff of an employee need not be reported to the Union. <br />Section 12 - Regular Assigned Engineers <br />The Engineers, or crew, regularly assigned to a piece of equipment shall be given preference when this piece of <br />equipment is required to do work on Saturdays, Sundays, and Holidays, or other overtime or regular work day. <br />Section 13 - Long Boom Pay <br />All engineers operating cranes with booms of 90 feet up to 200 feet, including jib, shall be compensated an <br />additional ONE DOLLAR ($1.00) per hour over and above the regular wage scale for operating such crane. All Engineers <br />operating cranes with booms of over 200 feet, including jib, shall be compensated an additional ONE DOLLAR AND <br />TWENTY FIVE CENTS ($1.25) per hour over and above the regular wage scale for operating such crane. <br />Section 14 - Capacity Pay <br />All engineers operating cranes and derricks with a manufacturer rated maximum capacity exceeding 50 ton <br />with less than 90 feet of boom or jib shall be compensated an additional seventy-five cents ($0.75) per hour over and <br />above the regular wage scale for operating such equipment. Long Boom Pay Section 13 and Capacity Pay Section 14 and <br />Auger and Drill Pay as provided for in Section 15 or this Article shall not be pyramided. <br />Section 15 - Augers and Drill Rigs <br />All engineers operating crane mounted earth augers and truck mounted drill rigs shall be compensated an <br />additional fifty cents ($0.50) per hour over and above the regular wage scale for operating such equipment. <br />Section 16 <br />All tunnel, shaft or enclosed underground work shall be paid at the rate of fifty cents ($0.50) above the regular <br />negotiated rate for all work classification. All shifts will start above ground. <br />Section 17 - Concrete Conveyor Systems <br />Engineers on concrete conveyor systems will be present and assist when the conveyor system is being set up or <br />dismantled, operated or moved. The Engineer will also maintain the generator running the system, an additional <br />Engineer shall be required for each additional generator used and also an additional engineer shall be used if the <br />conveyor system is set up in sections on different levels and is not one continuous set of conveyors. <br />13 <br />MICHIANA BUILDERS ASSOCIATION INC <br />FINAL <br />DFAGAN.JGARDNER.NCLINE <br />MAY 19, 2017 mlc <br />