HomeMy WebLinkAboutOpening of Bids - 315 & 319 W Jefferson Exterior Renovations Project No 119-064 - Herrman & Goetz IncCITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR, PUBLIC WORK
Project Name 315 & 319 W. Jefferson Exterior Renovations
Project No. 119-064
For Bids Due Tuesday, August 1311, 9:30 a.m. (E.D.T.)
PART
(Must be completed for all bids. Please type or print)
Date: August 13, 2019Bidder(Firm): Herrman & Goetz, Inc.
Address: 225 S. LafavettedBl,vd.
City/State/Zip: Sottlh Bend,_IN 46601Telephone Number:
Agent of Bidder (if Applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the
public works project of:
the City of South Bend, Indiana, in accordance with plans and specifications prepared by:
Josh Hi ginbottom
and dated 1) ly W-A for the sum of (enter the Total Bid as shown on the Proposal)
Division A: Overlay barrel roof on 315 W. Jefferson (not the roof on 319 W. Jefferson).
(Enter sum of Total Base Bid plus Alternates shown on Proposal)
Division B: Exterior masonry repair and coating.
(Enter sum of Total Base Bid plus Alternates shown on Proposal)
Division C: Parking lot repair and replacement.
(Enter sum of Total Base Bid plus Alternates shown on Proposal)
Division D: Electrical work.
M �M ar . � N M. �� M i M �'i. MI �►
Alternate 1: Curb and Sidewalk Replacement
(Enter sum of Total Base Bid plus Alternates shown on Proposal)
Version 4/2/2019 Contractor's Bid for Public Works - 2
(Numerical)
(Numerical)
(Numerical)
82,555.00
(Numerical)
(Numerical)
2. Attach a listing of the names and addresses of all subcontractors (i.e. persons or firms outside
your own firm who have performed part of the work) that you have used on public works
projects during the past five (5) years along with a brief description of the work done by each
subcontractor.
3. If you intend to sublet any portion of the work, attach the name and address of each
subcontractor, equipment to be used by the subcontractor, and whether you will require a
bond. However, if you are unable to currently provide a listing, please understand a listing
must be provided prior to contract approval. Until the completion of the proposed project, you
are under a continuing obligation to immediately notify the City of South Bend in the event that
you subsequently determine that you will use a subcontractor on the proposed project.
4. Attach a listing of equipment you have available to use for the proposed project.
5. Have you entered into contracts or received offers for all materials which substantiate the
prices used in preparing your proposal? If not, attach an explanation for the rationale used
which would corroborate the prices listed.
SECTION III CONTRACTOR'S FINANCIAL STATEMENT
Attachment of bidder's financial statement is mandatory. Any bid submitted without said
financial statement as required by statute shall thereby be rendered invalid. The financial
statement provided hereunder to the City of South Bend awarding the contract must be specific
enough in detail so that said City of South Bend can make a proper determination of the bidder's
capability for completing the project if awarded.
Version 4/2/2019 Contractor's Bid for Public Works - 4
The undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in
the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance
with the notice. Any addendums attached will be specifically referenced at the applicable page.
If additional units of material included in the contract are needed, the cost of units must be the same as that
shown in the original contract if accepted by the City of South Bend. If the bid is to be awarded on a unit
basis, the itemization of the units shall be shown on a sep ate attachme
By
Sbgnaturd)
Larry ape, Power —of —Attorney
(Printed Name of Person Signing)
The above bid is accepted this
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Laura L. O'Sullivan, Member
ACCEPTANCE
day of
Genevieve E. Miller, Member
Therese J. Dorau, Member
Attest: Linda M. Martin, Clerk
PART II
(For projects of $100,000 or more — IC 36-1-12-4)
20
These statements to be submitted under oath by each bidder with and as part of his/her/its bid.
Attach additional pages for each section as needed.
SECTION I EXPERIENCE QUESTIONNAIRE See attached
1. Attach information regarding projects your organization has completed for the period of one
(1) year prior to the date of the current bid.
2. Attach a listing of public works projects currently in process of construction by your
organization.
3. Attach information regarding any failure to complete any work awarded to you and the
location thereof.
4. Attach references from private firms for which you have performed work.
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
Attach an explanation of your plan or layout for performing proposed work. (Examples could
include a narrative of when you could begin work, complete the project, number of workers,
etc. and any other information which you believe would enable the City of South Bend to
consider your bid.)
Version 4/2/2019 Contractor's Bid for Public Works - 3
BID/PROPOSAL
CITY OF SOUTH BEND
Project Name: 315 & 319 W. Jefferson Exterior Renovations
Project Number: 119-064
For Bids Due: Tuesday, August 131', 9:30 a.m. (E.D.T.)
Contractor Name: Herrman & Goetz. Inc.
BASE BID: Division A: Overlay barrel Roof on 315 W. Jefferson (not the roof on 319 W.
Jefferson).
Item Description Quantity Unit Unit Price Total Amount
No.
1 Barrel Roof Overlay 1 LSUM
BASE BID TOTAL
BASE BID: Division B: Exterior Masonry Repair and Coating.
Item
Description
Quantity
Unit
Unit Price
Total Amount
No.
1
Masonry Repair and Coating
1
LSUM
BASE BID TOTAL
BASE BID: Division C: Parking lot repair and replacement.
Item Description Quantity Unit Unit Price Total Amount
No.
1 Parking Lot Repairs 1 LSUM
BASE BID TOTAL
BASE BID: Division D: Electrical work.
Item Description Quantity Unit Unit Price Total Amount
No.
1............Electrical Work 1 LSUM
..._. ............................
BASE BID TOTAL
ALTERNATE ITEM: Item 1: Curb and Sidewalk Replacement
Description Quantity Unit Unit Price Total Amount
Curb and Sidewalk Replacement 1 LSUM
BASE BID TOTAL
Bidder (Firm):
Address: —22-5-Sroa
City/State/Zip: So. Bend, IN 4660#elephone Number: 574 282-2596
By
(Signature)
_LaXr i .rJpe.., �'. ��r—nf—At nrnP
(Printed Name of Person Signing)
Version 4/2/2019 Contractor's Bid for Public Works - 8
BID/PROPOSAL
u'
CITY OF SOUTH BEND
Project Name:
315 & 319 W. Jefferson Exterior Renovations
Project Number:
119-064
e
For Bids Due:
Tuesday, August 13"', 9:30 a.m. (E.D.T.)
Contractor Name:
Herrman & Goetz,.,...-I,nc._.......
Bidder (Firm): Herrman & Goetz, Inc.
Address: 225 S. Lafayette Blvd.
City/State/Zip: South BEnd, IN Telephone Number: _L 5.D 282-2596
46601 .�.
By
(Signature)
,,%— t-t4 r e-.x
(Printed Name of Person Signing)
Version 4/2/2019 Contractor's Bid for Public Works - 9
When the prospective Contractor is unable to certify to any of the statements below, it shall attach an explanation to this Affidavit.
CONTRACTOR'S NON -COLLUSION AND NON -DEBARMENT AFFIDAVIT, CERTIFICATION
REGARDING INVESTMENT WITH IRAN, EMPLOYMENT ELIGIBILITY VERIFICATION, NON-
DISCRIMINATION COMMITMENT AND CERTIFICATION OF USE OF UNITED STATES STEEL
PRODUCTS OR FOUNDRY PRODUCTS
(Must be completed for all quotes and bids. Please type or print)
STATE OF
SS:
St. Joseph COUNTY )
The undersigned Contractor, being duly sworn upon his/her/its oath, affirms under the penalties of perjury
that:
1. Contractor has not, nor has any other member, representative, or agent of the firm, company,
corporation or partnership represented by him, entered into any combination, collusion or agreement with
any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding
nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and
without any agreement, understanding or combination with any other person in reference to such bidding.
Contractor further says that no person or persons, firms, or corporation has, have or will receive directly or
indirectly, any rebate, fee, gift, commission or thing of value on account of such sale; and
2. Contractor certifies by submission of this proposal that neither contractor nor any of its principals
are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency; and
3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in
investment activities in Iran.
a. For purposes of this Certification, "Iran" means the government of Iran and any agency
or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as
amended from time -to -time.
b. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a Contractor
is engaged in investment activities in Iran if either:
i. Contractor, its successor or its affiliate, provides goods or services of twenty
million dollars ($20,000,000) or more in value in the energy sector of Iran;
or
ii. Contractor, its successor or its affiliate, is a financial institution that extends
twenty million dollars ($20,000,000) or more in credit to another person for
forty-five (45) days or more, if that person will (i) use the credit to provides
goods and services in the energy sector in Iran; and (ii) at the time the
financial institution extends credit, is a person identified on list published by
the Indiana Department of Administration.
Version 4/2/2019 Contractor's Bid for Public Works - 5
4. Contractor does not knowingly employ or contract with an unauthorized alien, nor retain any
employee or contract with a person that the Contractor subsequently learns is an unauthorized alien.
Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's
newly hired employees through the E-Verify Program as defined by I.C. 22-5-1.7-3. Contractor's
documentation of enrollment and participation in the E-Verify Program is included and attached as part of
this bid/quote; and
5. Contractor shall require his/her/its subcontractors performing work under this public contract to
certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain
any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien,
and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees
to maintain this certification throughout the term of the contract with the City of South Bend, and understands
that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision
no later than thirty (30) days after being notified by the City.
6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City
of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or
applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions,
or privileges of employment, or any matter directly or indirectly related to employment because of race, sex,
religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any
combination of the foregoing including, but not limited to, public works contracts awarded under public
bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards,
or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors
certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise
("WBE") as a factor in determining the lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a subcontract
to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a
discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from
being awarded a City contract for a period of one (1) year from the date of such determination, and such
determination may also be grounds for terminating the contact for which the discriminatory practice or
noncompliance pertains.
7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made
a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its
agencies, boards or commissions.
Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the
performance of this contract with privileges of employment, or any matter directly or indirectly related to
employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation,
handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of
contract.
I, the undersigned bidder or agent as contractor on a public works project, understand my statutory
obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-8-1). I hereby
certify that I and all subcontractors employed by me for this project will use steel products or foundry
products made in the United States on this project if awarded. I understand I have an affirmative duty to
notify the City in my bid that my proposal does not include the use of steel products or foundry products
made in the United States. I understand it is my sole obligation and responsibility to provide a justification
to the City, subject to review and approval, why the cost of United States made steel or foundry products is
unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry
products made in the United States, the City, through its director of public works, shall make a determination
if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder
Version 4/2/2019 Contractor's Bid for Public Works - 6
may result in forfeiture of contractual payments,
I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid
for public works are true and correct.
Dated this 13th day of Aug. 20 19
Herrman & Goetz, Inc.
;Contractor/B0,er (Firm)
T tore ofttract . idder or its Agent
Larry Cripe, Power —of —Attorney
Printed Name and Title
Subscribed and sworn to before me this 13th day of August 120 19
My Commission Expires 7/13/2022 axoti�, J&�
Notary Public atherine J. Gruber
County of Residence St. Joseph
Version 4/2/2019 Contractor's Bid for Public Works - 7
t 1A Document A31 0 TM - 2011,
Bid Bond
CONTRACTOR:
(Name, legal status and address)
Herrman & Goetz, Inc
225 S Lafayette Blvd
South Bend, IN 46601
SURETY:
(Name, legal status and principal place
of business)
Continental Casualty Company
161 N Franklin St
Chicago, IL 60606
OWNER:
VOW*! i s t r o d addddress},
i oiasr)de� Of VU'b[PcgfllorrVs ofthe City of South Bend, Indiana (County -City Building Room
R W. Jefferson Blvd.
South Bend, IN 46601
BOND AMOUNT: Five Percent (5%) of Amount Bid
PROJECT:
(Name, location or address, and Project number, if any)
315 & 319 W. Jefferson Exterior Renovations
This document has Important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 13th day of August, 2019
Herrman etz Inc
( a (Seal)
(Witness)
m
(1... e)
Contin al Casua C m an
(Witness) (Surety)
(Seal)
(Title) Alan P. Chandler, Attorney in -Fact
Init. AIA Document A3101" — 241 g. Copyright (01963, 167c and 2^g1 o by The Arnedcan lnstituhr of Architecls. All rtghis reserved, WArtNI1 G. 'this Al "'
Document Is protected by Ms. Copyright Law and International Treados. unauthorized reproduction or distribution of this AIA" Docurneaa,,or
any portiatn of it. May result in sewers civic and criminal panaftietr, and will be prosecuted to the maximum extent possible arnder, the law, ; his
t document was created on 01127MO12 g7`.23.12 udder the terms of AIA Documents-on-Dernanrlrm ordin no. 2009397463 , and is nol for
resale. this document is licensed byp 'ritae Amertan Institute of Architects for onetime use only, and may not be reproduced prior to its ccwmpNatton. tm,,11o.
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, 17hat Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of
Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called
"the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois,
and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint
Steven K Brandon, T J Griffin, John L Budde, Susan L Small, Terence J Griffin, Alan P Chandler, Individually
of Farmington Hills, MI, their true and lawful Attomay(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on
their behalf bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind them thereby as My and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and
all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed,
'Mis Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof; duly
adopted, as indicated, by the Boards of Directors of the insurance companies.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto
affixed on this 13th day of May, 2019.
Continental Casualty Company
'01 oeieoi National Fire Insurance Company of Hartford
GORPORAre %*Copomj�" American Casualty Company of Reading, Pennsylvania
SEAL
n�mfig 'V, �W� �iii
Fauf T,,Bruflat Vice President
State of South Dakota, County of Mimehaba, ss:
On this 13ai day of May, 2019, before me Personally came Patd T. Br uflat to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that be is a Vice President of Continental Casualty Company, an Illinois insurance company,
National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company Of Reading, Pennsylvania, a
Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies;, that the
seals affixed to the said instrument are such corporate seals, that they were so affixed pursuant to authority given by the Boards of Directors of said.
insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance
companies.
J. MOHR
My Commission Expires June 23, 2021
CERTIFICATE
1, D. Johnson, Assistant Secretary of Continental Casualty Company, an Winois insurance company, National Fire Insurance Company of Hartford,
an Illinois insurance company, and Anienean Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the
Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance
companies printed on the reverse hereofis still in force, Inn
i yw
ion Lmol I ha, It t subscribed my name and affixed the seal of the said
insurance companies this---L3_ day of
,.Lcvjj. Continental Casualty Company
cAS V" & National Fire Insurance Company of Hartford
0ORPORAre 0AW American Casualty Company of Reading, Pennsylvania
a )my 31,
SEAL
t?
7997
(D D, —Johnson Atitk
Form F6853-4/2012
Go to Www.cRR—UtttA--COM > Owner/ Obligee Services > Validate Bond Coverage, if you want to verify band authenticity:-
Im
1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
Date:
To:
From
Subject
Project Name:
Project No.:
s PHONE 574/235-9251
FAx 574/235-9171
MACE ,t} TDD 574/ 235-5567
CITY OF SOUTH BEND PETS BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
8/2/2019
All Planholders
Linda M. Martin, Clerk, Board of Public Works
Addendum Number: i
315 & 319 W. Jefferson Exterior Renovations
_..................................... _. .._._._._._.......
.....
119-064
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM
Date Received: '73 - `% -- 3-0 19
This addendum is being forwarded to you for the above referenced project.
Please sign below and acknowledge receipt of this Addendum by
faxing this sheet to the Board of Public Works at (574) 235-9171
within 48 hours of receipt. A copy .MUST also be included with your
bid package upon submittal.
THIS ADDENDUM MAY AFFECT YOUR BID.
Notes: The included pages replace the bid documents in their entirety. This is a re -issuance of
updated specifications and diagrams.
The attached documents are hereby added to the Specifications and Contract
Documents and become a part of herein.
b
a
r
Company: �-� � ��, ,r�.... rr) A �,ro G <,) A-z-
Authorized Signature:
Date: V - `t -.
1316 COUNTY -CITY BUILDING
227 W.JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/235-9251
FAx 574/ 235-9171
TDD 574/ 235-5567
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
Date: 8/8/2019
To: All Planholders
From Linda M. Martin, Clerk, Board of Public Works
Subject Addendum Number: 2
Project Name: 315 & 319 W. Jefferson Exterior Renovations
Project No.: 119-064
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDUM
Date Received: S' ` <I i "l
This addendum is being forwarded to you for the above referenced project.
Please sign below and acknowledge receipt of this Addendum by
faxing this sheet to the Board of Public Works at (574) 235-9171
within 48 hours of receipt. A copy MUST also be included with your
bid package upon submittal.
THIS ADDENDUM MAY AFFECT YOUR BID.
Notes: The included pages replace the same pages from Addendum 1.
The attached documents are hereby added to the Specifications and Contract
Documents and become a part of herein.
Company: `,Lp `t
P y i"��w ��w- 2
0
Authorized Signature:
Date: 1�7 Nf-1
CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
CHECKLIST FOR BIDDERS
Project Name
Project No.
For Bids Due
315 & 319 W. Jefferson Exterior Renovations
119-064
....
Tuesday, August 13t'', 9:30 a.m. (E.D.T.)
From time to time the South Bend Board of Public Works finds it necessary to reject a bid because
it does not comply with statutory requirements. In preparing your bid, please use the following
checklist in order to make sure that your bid is done in the proper manner.
Proper bid security included. The bidder has the option of providing either a Certified Check
or Bid Bond.
Bid prepared on the City of South Bend Contractor's Bid for Public Work Form, completely
x executed.
Contractor's Non -Collusion and Non -Debarment Affidavit, Certification Regarding Investments
with Iran, Employment Eligibility Verification, Non -Discrimination Commitment, and
x Certification of use of United States Steel Products or Foundry Products.
Proof of MBE/WBE Participation Goal Form [MWBE-1.0]. If minimum participation goal is not
met, also provide Evidence of Good Faith Efforts Form [MWBE-2.0] and MBE/WBE Contacted
x Form [MWBE-2.1].
x_ Acknowledge Receipt of 1 &2 Addendum(s) included with the bid.
x All required additional information is included with the bid.
Proposal statements and other affidavits all signed by the proper party with name either
x printed or typed underneath signature.
x This checklist submitted with the Bid.
This checklist is provided for bidder's use in assuring compliance with required
documentation; however, it does not include all specifications requirements and does not
relieve the bidder of the need to read and comply with the specifications.
Bidder: Herrman & Goetz, Inc.
By Authorized Re reserntative„..._' —
Signature:
Print Name & Title:
4
Larry ripe Power —of —Attorney
Version 4/2/2019 Contractor's Bid for Public Works - 1
Date: August 13, 2019
SERVICES
Date: August 9, 2019
RE: South Bend Project Number ii9-o64
315 & 319 W Jefferson Exterior Renovations
After a review of the scope of the work and a review at the project site
We would like to submit
A clarification to our bid for the Division D Electrical Work
A- Coordinate work -Yes
B- Install 2 CT cabinets- Yes
C- Install new 120o amp disconnect- Yes
It will be a 120o amp Breaker installed in outdoor service entrance enclosure
D-Install 800 amp disconnect — No we feel it violates the intent of the National
Electrical Code
(2) Panels to be fed on second floor are 1-60o amp and 1-400 amp
We will install 2- 40o amp breakers in a outdoor enclosure to feed
these panels
D- 3 Pipes to 120o amp service -Yes
F- New 120o amp fuses- No -
We will use a breaker to protect the main service and eliminate the
120o amp fuses
G- New wire to 120o amp service- Yes
H- 2-pipes to 800 amp disconnect- No- 800 amp disconnect is not
there
1 new pipe will be run from each of 2- new 40o amp disconnecting means
on the outside to feed 2 panels on the second floor
I -New wire from 800 amp disconnect- No
New wire will be run from 2- new 400 amp disconnecting means on
the outside to feed 2 the panels on the second floor
J-Obtain all necessary permits - Yes
Sincerely,
Randy Ciesiolka
574-274-6653
PART 0
(Complete sections I` [[ and D| for all state and |oon| public works p joct )
These staternents to be submitted under oath by each bidder with and as a part of his bid. (Attach
additional pages for each section as needed]
SECTION I EXPERIENCE QUESTIONNAIRE
|Wfimtpublic
works p uctshas
your organization
completed?
Contract
Class of
When
Narne and Address of
Amount
Work
Completed
Owner
L12/2017
481,138.
Mec�-Lanical
B e r ri e n !.�—Sch. Sylvester E,
2, What public
works p jeubs has
your organization
now in process nfconstruction:
Contract
Class of
W11011
Narne and Address of
Amount
Work
Completed
Owner
1,464,000.
Mechanical
6/2019
North Judson San Pierre HS
3Have you ever failed Ncomplete any work awarded toyou' fso, where and
�m.
3 Flave you ever failed 10 ,any work aw,,-iirded ifo ym 0 no-.- if so, whero and why?
4. List references from private firms for which you have performed work
we
. ..... Jos-eph- Reg, loiial- _4� .P],ypu>qth Bettle 918 e
Iiid1ana, Unive rs-i t y- -Slolu n-1 IB end Un i f -rA;K
I . Explain Your plan or layout for performing proposed work. (Examples could include a narrative of when
you could begin work, complete the project, number of workers, etc. and any other information which
you believe Would enable the governmental unit to consider your bid.)
In conjunction with construction managers and other trades.
2. If you intend to sublet any portion of the work, state the name and address of each subcontractor,
equipment to be used by the subcontractor, and whether you expect to require a bond. However, if you
are unable to currently provide a listing, please understand, a listing must be provided prior to contract
approval.
Unknown at this time.
3, What equipment do you have available to use for the proposed project? Any equipment to be used by
subcontractors may also be required to be listed by the governmental unit.
4. Have you entered into contracts or received offers for all materials which substantiate the prices used
in preparing your proposal? Otherwise, please explain the rationale used which would corroborate the
prices listed.
9M
CITY OF SOUTH BEND"
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY x
DEVELOPMENT PROGRAM
FORM MWBE-1.0•�°.
MBEIWBE PARTICIPATION [°
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects involving MBE/MBE participation.
It is the bidder's sole responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority or Women's
owned business.
Project Number: 119-064 Project Name: 315 & 319 W. Jefferson Exterior Renovations
Bidder: Herrman & Goetz, Inc. Total Bid Amount: $82,555.00 MBEANBEGoal:
Page of
...ww.W....... w.w.........................
Primary Contact Person Scope of Work to be Performed Dollar Amount of Percentage
Name &Address of MBEIWBE (Namelrelephone) (Attach scope/schedule if you need additional space) MBE/WBE Component of Total
Bid/Pro osal
e are using our own work force
......... .................. _._.
......... _...... .............. .
Submitted by: Larry Cripe.. ..._.� L_�_ 2QL _................
Print Name 4S,ature D�
Version 4/2/2019 Contractor's Bid for Public Works - 9
CITY OF SOUTH BEND o'
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM w
FORM MWBE-2.0`
EVIDENCE OF GOOD FAITH EFFORTS
This completed form should be included as part of the Bids documents related to City of South Bend Public
Works Projects requiring Good Faith Efforts to obtain MBENVBE participation. It is the bidder's sole
responsibility to verify whether any listed minority or woman business meets the qualifications of a Minority
or Women's owned business as defined by the Indiana Department of Administration ("IDOA").
Project Number: 119-064
Project Name
Bidder:
Contact Person:
Address
315 & 319 W. Jefferson Exterior Renovations
Date: A,ignet 13, 2019
lie. Ma a
Randy _ ('i esol ka Telephone: 15,741 989_9 s96
City: S uth___Re.d r State: IN Zip: 466U1
Email: rcie
To determine whether a bidder has demonstrated good faith efforts to reach the MBENVBE utilization goals set
forth in the City of South Bend Public Works Project Specifications, the City and its agencies, boards, or
commissions, REQUIRE ALL of the following Good Faith Efforts as listed in the table below*:
EVIDENCE OF GOOD FAITH EFFORTS
MBE/WBE LIST(S): The bidder reviewed the City of South Bend's Minority and Women Business
Enterprise Diversity Development Program, which uses the IDOA approved list of Minority and Women
Owned Business as found on their website (http://www.in.gov/idoa).
ACTION (ADVERTISE/CONTACT): In order for your bid to be deemed responsive, the City of South
Bend requires that all perspective bidders complete no less than 2 of the following:
1. Attend all pre -bid meetings scheduled by the City to inform MBENVBEs of contracting and
subcontracting opportunities.
2. Advertise in general circulation and/or trade association publications concerning subcontracting
opportunities, and allow MBENVBEs reasonable time to respond.
3. Perform any and all necessary steps to provide written notice in a manner reasonably calculated
�� to inform MBENVBEs of subcontracting opportunities and allowed sufficient time for them to
participate effectively.
4. Utilize pre-existing services of available community organizations, small and/or disadvantaged
business assistance offices and other organizations that provided assistance in the recruitment
and placement of MBENVBE firms.
**Bidder must circle or otherwise notate which of the two (2) required actions were performed..
GOOD FAITH NEGOTIATIONS: The bidder negotiated in good faith with interested MBENVBEs,
including providing such MBENVBE's with adequate information about the plans, specifications and other
requirements of the subcontract and did not reject MBENVBEs as unqualified without sound business
reasons based on a thorough investigation of their capabilities.
SMALL CONTRACT(S): The bidder selected specific portions of the work to be performed by
MBENVBEs in order to increase the likelihood of meeting the MBENVBE goals (including breaking down
contracts into smaller units to facilitate MBENVBE participation)
CONTRACT RECORDS: The bidder has maintained the following records for each MBENVBE that has
�r bid on the subcontracting opportunity:
V 1. Name, address, and telephone number;
2. A description of information provided by the bidder or subcontractor; and
3. A statement of whether an agreement was reached, and if not, why not, including any reasons for
concluding that the MBENVBE was unqualified to perform the job.
*Proper demonstration of Good (Faith Effort requires your initials next to all of the above boxes. Any
omissions shall be considered grounds for rejection of the bid by the Board of Public Works. The City of
South Bend reserves the right to request additional information.
Version 4/2/2019 Contractor's Bid for Public Works - 10
CITY OF SOUTH BEND " VT1
MINORITY AND WOMEN BUSINESS ENTERPRISE DIVERSITY
DEVELOPMENT PROGRAM 0 °
FORM MWBE-2.1 .x.
MBE/WBE CONTACTED
This completed form should be supplied with Bids that pertain to City of South Bend Public Works Projects
requiring contacted MBEIWBE to obtain Good Faith Efforts. It is the bidder's sole responsibility to verify
whether any listed minority or woman business meets the qualifications of a Minority or Women's owned
business.
PAGE OF
Project Number: 119-064 MBE/WBE Participation Goal
Project Name: 315 & 319 W. Jefferson Exterior Renovations
Bidder:
By. Power-of-Attorrt ^ 8/13/19
( gnatu ......
(Title) (Date)
MBENVBE Firm -3P-e...,att&r-hgd aheet
Owner or Contact at MBENVBE Firm
Telephone:
Fax:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
C
RESULTS OF CONTACT WITH THE MBENVBE FIRM:
IV C7 S v n 41 1st,I Ile
c G�
MBENVBE Firm
Owner or Contact at MBENVBE Firm
Telephone:
Fax:
TYPE OF WORK SOLICITED FOR THIS PROJECT:
RESULTS OF CONTACT WITH THE MBENVBE FIRM:
Email:
Email;
Version 4/2/2019 Contractor's Bid for Public Works - 11
Randx Ciesiolka.
From:
Randy Ciesiolka
Sent:
Friday, August 09, 2019 8:06 AM
To:
mwbe@idoa.in.gov
Cc:
Randy Ciesiolka
Subject:
List of Minority suppliers in South Bend Indiana
I would like a list of Minority electrical material suppliers in the South Bend area
I need to get some quotes for a job that bids next week
Thanks
Randy Ciesiolka
H&G Services
Mobile 574-274-6653
Office 574-282-2596 X4026
Emergency Services 574-282-2596 Press 1
8/9/2019 https://fs.gmis.in.gov/psc/guest/EMPLOYEE/ERP/c/SOI_MMS—MENU1.SOI—MBE_REP—INQ.GBL
Certified'MWBE Repository Inq
Enter any information you have and click Search. Leave fields blank for a list of all values.
Use Saved Search:j
Search Clear Basic Search WSayg -arch rit rug T, , v Segrch__
No matching values were found,
https://fs.gmis.in.gov/psc/guest/EMPLOYEE/ERP/c/SOI_MMS—M ENU 1.SOl—MB E,_REP—INQ.GBL 1 /2
8/9/2019 https://fs.gmis.in.gov/psc/guest/EMPLOYEE/ERP/c/SOI—MMS—MENU1.SO1 MBE—REP_INQ.GBL
t�j New Windo%
Enter any information you have and click Search. Leave fields blank for a list of all values.
Use Saved Search:
Company Name: begins with ♦ j
UNSPSC:
begins with • '�2'a137
Certification:
begins with •�
City:
begins with •
State:
begins with • tll..............
Zip Code:
begins with
Search Clear Basic Search w Save Search, Criteria Delete Saved Search
No matching values were found.
hftps://fs.gmis.in.gov/psc/guestlEMPLOYEE/ERP/c/SOI—MMS, MENU1.SO1_MBE_REP_INQ.GBL 1/2
Randl Ciesiolka,
From: IDOA Minority and Women Business Enterprise <mwbe@idoa.IN.gov>
Sent: Friday, August 09, 2019 10:14 AM
To: Randy Ciesiolka
Subject: RE: List of Minority suppliers in South Bend Indiana
Good morning Randy,
Thank you for your inquiry. Please log onto our website at www,in. ov idoa mwbe 2743.1itrn and select (.xls) to
conduct a search on our certified businesses. You would also have to search based on city to locate suppliers in the
South Bend area.
Kind regards,
INDIANA DEPARTMENT OF ADMINISTRATION
Minority & Women's Business Enterprises
402 W. Washington Street, Room W469 I Indianapolis, IN 46204
317.232.3061 office 1 317.233.6921 fax
•.
!Yr'N
From: Randy Ciesiolka [mailto:rciesiolka@hgservices.com]
Sent: Friday, August 09, 2019 8:06 AM
To: IDOA Minority and Women Business Enterprise <mwbe@idoa.IN.gov>
Cc: Randy Ciesiolka <rciesiolka@hgservices.com>
Subject: List of Minority suppliers in South Bend Indiana
.. a.. a
W Illriiiis i ��lt�I IIL...,.��� III IIL..........IIIIII IIL........ iiiiilll. Em.miii iii,��. �w�iiii�w��iiim. W...� W�� III �.�114.����iiim IIL.W.�dlmiuueuiAair chd,c Illiiiiiiud14,�fiiic)iiiy�
�.,n flcriown seir,iidem ar �,ur'i�,)x r^de r'ridil,
I would like a list of Minority electrical material suppliers in the South Bend area
I need to get some quotes for a job that bids next week
Thanks
Randy Ciesiolka
H&G Services
Randi Ciesioia
From: Mail Delivery System < MAILER- DAEMON@ mailrelay.iot.in.gov>
To: johnt@thomdist.com
Sent: Friday, August 09, 2019 10:41 AM
Subject: Undeliverable: Quote request
This is the mail system at host mailrelay.iot.in.gov.
I'm sorry to have to inform you that your message could not be delivered to one or
more recipients. It's attached below.
For further assistance, please send mail to postmaster.
If you do so, please include this problem report. You can delete your own text from the
attached returned message.
The mail system
<johnt@thomdist.com>: host d144392a.ess.barracudanetworks.com[209.222.82.138]
said: 550 permanent failure for one or more recipients
Oohnt@thomdist.com:blocked) (in reply to end of DATA command)
Randy Ciesiolkw
From: Stacie aN.gov) <support@ingov.zendesk.com>
Sent: Wednesday, August 07, 2019 5:08 PM
To: Randy Ciesiolka
Subject: [IN.gov] Re: Do you have a list of MBE/ WBE business's in the..,
Your request (291470) has been updated. To add additional comments, reply to this email.
Stacie (IN.gov)
Aug 7, 5:08 PM EDT
You've reached our Indiana Dept. of Administration, State Information Center. We have no
access to other agencies' confidential databases (i.e.: unemployment, revenue, child
services...). We direct individuals to the correct area or areas within state government to assist
you with resolution to your issue or issues.
Contact Minority & Women's Business Enterprises Division, IDOA at (31 7) 232-3061 or email:
MwbeEic1qaJn.gpy to inquire. (Office is now closed)
ittps:www irepr�rnre.,1 .tern (go to: "I Want To" at the top left of screen)
Thank you..
Randy Ciesiolka
Aug 7, 4:07 PM EDT
Do you have a list of MBE/ WBE business 's in the South Bend area
Submitted from: h p w r.irr gQv .hj
This email is a service from IN.gov. Delivered by Zendesk
1
POWERw OF ATTORNEY
I, Thomas J. Herrman, President and Resident Agent of an Indiana Corporation in
good standing known as Herrman & Goetz, Inc., do hereby nominate and appoint Larry
Cripe, an employee of said Corporation, who resides at 67950 Yankee Lane, Edwardsburg,
Michigan to act as attorney -in -fact to do the following acts for me in my name, as President
and Resident Agent.
1. To possess the full powers to execute and enter into all business related
contracts on behalf of the Corporation, as any other authorized agent of said Corporation
would have the ability to sign/execute, including myself.
2. The powers granted by this document shall begin on July 1, 2019and
conclude/expire on June 30, 2020 or to such other extended time as shall be made by
written faxed extension executed by me to this authorization.
3. The powers extended by this document may be filed for record in any public
office as just circumstances might dictate and the original and all executed duplicates shall
have equal force, validity and effect.
I declare, as President and Resident Agent of Herrman & Goetz, Inc. that any lawful
act or thing done under the powers granted by this Power of Attorney, shall be binding on
the Corporation.
IN WITNESS WHEREOF, I, Thomas J. Herrman, President and Resident Agent of
Herrman & Goetz, Inc. have signed this instrument on this the 21st day of June, 2019.
Thomas J. Herrman
President and Resident Agent
Herrman & Goetz, Inc.
Subscribed and sworn to before me, a Notary Public, residing in St. Joseph County,
State of Indiana, this the 2.1st day of June, 2019
Catherine J. Gru er
Notary Public
Residing in St. Joseph County, State of IN
My Commission Expires .__„7/13/ 0 2
II. PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED)
(a) Acknowledgements:
(i)
By checking this box, I hereby acknowledge that I am not a pre -qualified bidder
with the City of South Bend.
(ii)
By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided, and may also conduct random inquiries of my current and prior
customers. The City reserved the right to utilize all information provided in this
submission and all information obtained in inquiries or requests to determine if a
bidder is responsive and responsible. Additionally, I acknowledge that all
J/
information provided to the City shall be regarded as public records.
(iii) `/
By checking this box, I hereby acknowledge that copies of all Applicable
apprenticeship certificates or standards for training programs applicable to the
work performed on the project may be requested at any time and shall be furnished
1
upon request.
(iv)
By checking this box, I hereby acknowledge and ensure that I and all sub-
contractors, from whom I have accepted a bid and/or intend to hire to perform work
on the public work project, are properly licensed. Furthermore, I acknowledge my
understanding that it is my responsibility to ensure that all sub -contractors have
the necessary licenses to undertake the work called for in this bid. If a sub-
contractor loses their license at any point, it is the responsibility of that sub-
contractor to notify the City.
(b) Attachments:
(i)�/
Indiana Secretary of State's on-line records (ie. Business verification) dated within
sixty (60) days of the submission of said document showing that business is in
existence, current with the Indiana Secretary of State's Business Entity Report,
and eligible for a certificate of good standing. (Not applicable to individuals, sole
proprietors or partnerships).
(ii) `�
List identifying all former business names.
(iii) V11"
Any determinations by a court or governmental agency any violations of federal
state, or local laws including, but not limited to, violations of contracting or antitrust
laws, tax or licensing laws, environmental laws, Occupational Safety and Health
Act (OSHA), or federal Davis -Bacon and related Acts, within the preceding five (5)
years.
(iv)
Statement about staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work I
am bidding on OR outlines how I intend to meet the staffing needs of the work.
(v)
Statement that individuals who will perform work on the public work project on my
behalf will be properly classified as an employee or as an independent contractor
under all applicable state and federal laws and local ordinances.
(vi)
For every project, submit evidence of participation in apprenticeship and training
programs, applicable to the work to be performed on the project, which are
approved by and registered with the United States Department of Labor's Office of
Apprenticeship, or its successor organization.
(vii)
Copy of a written plan for employee drug testing that covers all of my employees
who will perform work on the public work project and meets or exceeds the
requirements set forth in IC 4-13-18-5 or IC 4-13-18-6.
(viii)
Evidence that I am utilizing a surety company which is on the Bureau of Fiscal
Service "Department of Treasury's Listing of Approved Sureties" as required in the
bid specifications or contract. 9Lt &
Version 3/19/2019 General Conditions - 9
(ix) Written statement of any federal, state or local tax liens or tax delinquencies owed
to ,any federal„ state or local taxing body in the preceding three years.
(i) List of projects of similar size and scope of work performed in all areas, including
the State of Indiana, within three (3) years prior to the date on which the bid is due.
4Ary v� 6
Date: August 13 2019
(SigptH'ere)
narry Cri e, Power-of-Attorne
(Print Name Here)
Herrman & Goetz, Inc.
(Name of Company)
225 S. Lafayette Blvd.
(Address of Company)
South Bend,
(City)
Indiana
(State)
(574) 282-2596
(Telephone Number)
Version 3/19/2019 General Conditions - 10
APPROVED AND FILED
CONNIE LAON
INDIANA SECRETARY OF STATE
04/12/2018 11:22 AM
BUSINESS ID 197201-430
BUSINESS TYPE Domestic For -Profit Corporation
BUSINESS NAME HERRMAN & GOETZ INC.
ENTITY CREATION DATE 01/25/1972
JURISDICTION OF FORMATION Indiana
PRINCIPAL OFFICE ADDRESS 225 South Lafayette Blvd, South Bend, IN, 46545, USA
YEARS 2018/2019
EFFECTIVE DATE
EFFECTIVE TIME
04/12/2018
11:22 AM
-1 � ;i � �i ���; ;,;; � ;;rig ii , , / ✓ r /
,, ��„ ,..,fir✓s!nrrp�f / at/�Irr� %/.!/!"✓/✓i/i/%/r%. r ///i/ "✓ /j/%/r( � r!�„ /%�// ,,.iia .:�./..1�%i//i; i%/ ,i.. .✓�
REGISTERED AGENT TYPE Individual
NAME THOMASJHERRMAN
ADDRESS 225 S LAFAYETTE BLVD, SOUTH BEND, IN, 46601 - 0000, USA
SERVICE OF PROCESS EMAIL jen@hgservices.com
I acknowledge that the Service of Process email provided above is the email address at which electronic service of process may be accepted and
is publicly viewable.
APPROVED AND FILED
CONNIE LAWSON
INDIANA SECRETARY OF STATE
04/12/2018 11:22 AM
TITLE Secretary
NAME KATHLEE A. HERRMAN
ADDRESS 61900 SOUTH SCOTT, SOUTH BEND, IN, USA
TITLE President
NAME HERRMAN.THOMAS. J.
ADDRESS 54490 WHISPERING, MISHAWAKA, IN, USA
THE SIGNATOR(S) REPRESENTS THAT THE REGISTERED AGENT NAMED IN THE APPLICATION HAS CONSENTED TO THE
APPOINTMENT OF REGISTERED AGENT.
IN WITNESS WHEREOF, THE UNDERSIGNED HEREBY VERIFIES, SUBJECT TO THE PENALTIES OF PERJURY, THAT THE
STATEMENTS CONTAINED HEREIN ARE TRUE, THIS DAY April 12, 2018.
SIGNATURE
TITLE
Jennifer Herrman
Authorized Agent
Business ID: 197201-430
Filing No.: 7885298
N�a
NORTHER,YINU CHAPTER
South Bend & Vicinity Electrical Joint Apprenticeship and Training Committee
H & G Services
Herrman & Goetz Inc.
225 S. Layfayette Blvd.
South Bend, IN 46601
November 28, 2017
To Whom It May Concern:
This is to certify that Herrman & Goetz Inc. is signatory to the IBEW/NECA collective barging
agreement and is in good standing. As such they are able to employ apprentices' indentured to the
South Bend and Vicinity Electrical Joint Apprenticeship and Training Committee.
Herrman & Goetz Inc. has employed Thirty two (32) apprentices over the last three (3) years
that were sent to them by The South Bend and Vicinity Electrical Joint Apprenticeship and Training
Committee.
The South Bend and Vicinity Electrical Joint Apprenticeship and Training program has been
registered with the US Department of Labor Apprenticeship And Training since January 10, 1946 as well
as being approved with the US Veterans Administration.
if this office can be of any additional help concerning this matter please call (574) 233-1721
Sincerely,
Steve Egyed
Coordinator
56365 Peppermint Road • South Bend • IN • 46619
Ph: (574) 233-1721 • Fx: (574) 233-1947 • www.jatcl53.com
South Bend & Vicinity Electrical Joint Apprenticeship and Training Committee
56365 Peppermint Road o South Bend * IN • 46619
Ph: (574) 233-1721 • Fx: (574) 233-1947 * www.jatcl53.com
INSIDE
COLLECTIVE BARGAINING AGREEMENT
IBEW LOCAL UNION #153
SOUTH BEND, INDIANA
EFFECTIVE
JUNE 4, 2018
THROUGH
JUNE 6, 2021
Agreement by and between the EASTERN DIVISION, NORTHERN INDIANA CHAPTER, NECA, and LOCAL
UNION #153, IBEW. It shall apply to all firms who sign a Letter of Assent to be bound by this Agreement. As
used hereinafter in this Agreement, the Term, "CHAPTER" shall mean the EASTERN DIVISION, NORTHERN
INDIANA CHAPTER, NECA, and the term "Union" shall mean LOCAL UNION #153, 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 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.
Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as
follows:
TERM - AMENDMENTS — TERMINATION
Section 1.01. This Agreement shall take effect June 4, 2018 and shall remain in effect until June 6, 2021 unless
otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from the
first Monday of June through the day immediately preceding the first Monday in June of each year, unless
changed or terminated in the way later provided herein.
CHANGES TO CONTRACT
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.
Section 1.02(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.
Section 1.02(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.
Section 1.02(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.
Section 1.02(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.
Section 1.02(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.
GRIEVANCES / DISPUTES
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 48
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 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of
the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall
refer the same to the Labor -Management Committee.
Section 1.07. All matters coming before the Labor -Management Committee shall be decided by a majority vote.
Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of
business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all
were present and voting.
Section 1.08. Should the Labor -Management Committee fail to agree or to adjust any matter, such shall then be
referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's
decisions shall be final and binding.
Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the
provisions and conditions prevailing prior to the time such matters arose shallnot be changed or abrogated until
agreement has been reached or a ruling has been made.
Section 1.10. Any grievance not brought to the attention of responsible opposite parties to this Agreement in
writing within ten (10) working days of its occurrence shall be deemed to no longer exist.
ARTICLE II
EMPLOYER RIGHTS - UNION RIGHTS
Section 2.01. 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 whose principal business is that of electrical contracting having these
qualifications: maintaining a permanent place of business, having a suitable financial status to meet payroll
requirements, having the company name permanently displayed on all company trucks, and employing not less than
one Journeyman continuously.
Section 2.02. The UNION understands the EMPLOYER is responsible to perform the work required by the owner.
The EMPLOYER shall, therefore, have no restrictions except those specifically provided for in the collective
bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number
and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees
from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as
the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and
2
Regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in
discharging employees for proper cause.
FOREMAN CALL BY NAME
Section 2.03. The employer shall have the right to call Foreman/General Foreman by name provided:
The employee has not quit his previous employer within the past two weeks.
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/General Foreman. Upon such request, the business manager shall refer said
Foreman/General Foreman provided the name appears on the highest priority group.
When an employee is called as Foreman/General Foreman, he must remain as a Foreman for 1,000 hours or
must receive a reduction in workforce.
When and if the General Foreman is no longer required per Section 3.09 of this CBA said General Foreman may be
reduced to Foreman rate for the remainder of the 1,000 hours or must receive a reduction in work force.
WORKER'S COMPENSATION/UNEMPLOYMENT INSURANCE
Section 2.04. For all workmen covered by this Agreement, the Employer shall carry Workmen's Compensation
Insurance with a company authorized to do business under the applicable State Laws and Regulations, provide
Social Security coverage and such other protective insurance as may be required by the laws of the states of Indiana
and Michigan Unemployment Compensation Commissions for all workmen covered by this Agreement.
BONDING
Section 2.05(a). It is understood that an Employer must sign a participation Agreement and post the proper Bond
Amount before any contributions can be processed by the Third Party Administrators.
Each Employer shall furnish a surety bond to secure payment of wages and fringe benefits set forth in the Collective
Bargaining Agreement between the parties. The bond shall provide that it may not be tewninated without thirty (30)
days prior written notice to the Employer and the Local Union. The amount of the bond shall be based on the
number of employees employed by the employer and shall be renewed on duly 1 of each calendar year. A copy of the
bond shall be sent to the Designated Office.
The Trustees have the authority to accept from the Employer, in Iieu of a bond, a Certificate of Deposit in the
amount required for the number of Employees currently employed. The Certificate shall be made payable to the
Local Union 153 Administrative Fund and will require the signature of the Grantor and the Business Manager of
Local Union 153. The same rules apply to the Certificate of Deposit as to the Bond. The Certificate of Deposit will be
secured in a safe deposit box of the Bank being used by the Designated Office. The cost of the safe deposit box will
be paid by the employer.
The amount of required bonding is reduced by one half if the Employer elects to pay benefits on a bi-monthly basis. If
the Employer elects to make bi-monthly payments the Employer will be obligated to make bi-monthly payments for at
least six (6) months. When the Employer elects to return to monthly payment, 60 days notice must be provided to both
the NECA and IBEW.
MONTHLY REPORTING SCHEDULE
The amount of the bond shall be in accord with the following schedule:
Number of Employees Amount of Bond
1
- 7
$ 6,500.00 per person
8
- 10
65,000.00
11
- 14
91,000.00
15
- 18
117,000.00
19
- 24
156,000.00
25
- 29
189,000.00
30
- 34
221,000.00
35
- 39
254,000.00
40
- 44
286,000.00
45 - 49 319,000.00
50 and over 325,000.00 plus 6,500.00 per each employee after 50
BI-MONTHLY REPORTING SCHEDULE
The amount of the bond shall be in accord with the following schedule:
Number of Employees
Amount of Bond
1 - 7
$ 3,250.00 per person
8 - 10
32,500.00
11 - 14
45,000.00
15 - 18
58,500.00
19 - 24
78,000.00
25 - 29
94,500.00
30 - 34
110,500.00
35 - 39
127,000.00
40 - 44
143,000.00
45 - 49
159,500.00
50 and over
162,500.00 plus 3,250.00 per each employee after 50
The bond will be adjusted during the calendar year when necessary to meet the above scheduled requirement.
Section 2.05(b). The Labor -Management Committee and/or the Council on Industrial Relations, as the case may be,
shall have full power to determine the amount of money due, if any, and shall direct payments of delinquent fund
contributions from the Bond directly to the affected employees and direct payments of delinquent fund
contributions from the Bond directly to the Trustees of the affected funds or to their designated agents.
UNION RECOGNITION 2.06(a). The Employer acknowledges and agrees that a majority of its employees
has authorized the Union to represent them in collective bargaining. The Employer agrees to recognize and
does hereby recognize the Union, its agents, representatives or successors as the exclusive collective
bargaining agent for all employees performing electrical work within the jurisdiction of the Union on all
present and future jobsites.
Section 2.06(b). The Employer understands that the Local Union's jurisdiction, both trade and territorial, is
not subject for negotiations but rather is determined solely within the I.B.E.W. by the International President
and, therefore, agrees to recognize and be bound by such determinations.
NON-RESIDENT EMPLOYEES: (Portability)
Section 2.07. 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
bargaining unit employees employed in that Local Union's jurisdiction into this Local's jurisdiction and up to
two bargaining 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.
FAVORED NATIONS CLAUSE
Section 2.08. 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 all Employers
under this Agreement and the Union shall immediately notify the Employers of any such concession.
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Section 2.09(a). No employee in the bargaining unit covered by the terms of this Agreement, while he
remains subject to employment by EMPLOYERS operating hereunder, shall himself become a contractor for
the performance of any electrical work.
Section 2.09(b). NON -UNION WORK: Employers will notify the Local Union when they become aware of
any contractor not represented by the IBEW performing any electrical work on the same project they are
working.
DAVIS-BACON/WD-109s
Section 2.10. Contractors shall complete Davis -Bacon wage and fringe determination forms for all work of
$2,000,00 or more. The forms, Department of Labor #WD-10 Rev. Dec. 1977, are to be provided by Local
Union
#153, IBEW and contractors are to complete and return to the Local Union immediately after job completion.
When a contractor fails to submit WD-10's in a timely manner to IBEW Local Union #153 the Local Union
shall be allowed to conduct a WD 10 audit at the premises of the contractor and at the contractor's expense.
STEWARD LANGUAGE
Section 2.11, The Business Manager may appoint a Steward at any shop or job where workmen are employed
under the terms of this Agreement who shall be authorized to take up grievances that may arise from time to time. In
the event any matter cannot be satisfactorily settled between the Employer or his representative, and the Steward, such
matters shall be referred to the Business Manager of the Union for adjustment. Such Stewards shall be allowed
sufficient time during the regular hours without loss of pay to see that the terms and conditions of this Agreement
are observed at his shop or on his job. No Steward shall be discriminated against by the employer because of the
faithful performance of his duties as steward. In no case shall a steward be laid off or discharged before the
Business Manager of the Local Union has been notified and a mutual agreement by both parties has been reached for
the lay-off or discharge.
Section 2.12. The representative of the Union shall not be denied by the Employer access to any building at any
reasonable time where workmen are employed.
TOOL LIST
Section 2.13. All special tools, power and electric tools shall be furnished by the EMPLOYER as well as all conduit
benders. All wrenches, cutting tools, hacksaw blades and special tools of all kinds, needed for the preparation of
conduit and electrical apparatus not on the following tool list shall be furnished by the EMPLOYER. Loss of Taps due
to breakage or wear shall be replaced by the EMPLOYER.
All workmen and apprentices starting their fifth Period shall have a complete set of tools. All workmen shall have their
tools on or at the job site and if left there, shall be provided a safe lock -up by the EMPLOYER. If provided a safe lock-
up the EMPLOYER shall be responsible for the prescribed list of tools.
Tool Box*
Side cutting pliers*
Needle nose pliers* Screwdrivers, assorted sizes*
Flashlight continuity tester
110V to 600V "V'oltage tester (Wiggins style) or a multi -meter comparable in price
Plumb bob
Hacksaw frame to take 12" blades*
Skinning knife*
Awl*
Keyhole saw*
Oblique cutting pliers*
Crescent wrench*
6' zigzag ruler
Pr. Channel lock pliers*
Torpedo level non -laser*
Set Allen wrenches up to and including 3/8"
50 foot tape measure
20' minimum retractable tape measure*
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1 Center punch*
1 Hammer*
I Pocket type TIC Tracer*
1 Wire stripper*
1 Combination square
l Concrete chisel*
1 Current Code Book
Combination open end / box end wrenches 3/8" through 3/4"
3/8" drive socket set including socket wrench, breaker bar, shallow and deep sockets 3/8" through 3/4", 2" extension
and 6" extension
TAP WRENCHES
TAPS -- 6/32" - 8/32" - 10/24" - 1/4 X 20" - 3/8 X 16"
When a Journeyman Wireman is referred to do Sound and Communication work he shall supply the tools called for in
the Sound and Communication Agreement.
Workmen shall be responsible for the tools or equipment issued to them, provided the EMPLOYER furnishes the
necessary lockers, toolboxes, or other safe place for storage.
CELL PHONES
Section 2.14. (a). Any and all communication devices will be provided by the Employer for all job site usage, this
includes service vans. Personal calls and texting shall be limited to personal time unless pre -arranged with the foreman.
WATER & HYGIENE
Section 2.14. (b). WATER & HYGIENE FACILITIES: Employers shall provide chilled drinking water and cups on
all job sites that do not have facilities. Nand Sanitation devices shall be provided on all job sites and service trucks that
do not have these facilities available.
UNION SHOP CLAUSE
Section 2.15. All employees covered by the terms of this Agreement shall be required to become and remain
members in good standing of the UNION as a condition of employment from and after the eighth day following the
date of their employment or the effective date of this Agreement, whichever is later.
(NOTE: This clause is not applicable where prohibited by law).
ANNULMENT/SUBCONTRACTING
Section 2.16. (1) The Local Union is a part of the International Brotherhood of Electrical Workers, and any violation or
annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW,
other than violations of Paragraph 2 of this Section, 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.
SUS -LETTING OF WORK
(2)The sub -letting, 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.
(3)All charges of violations of Paragraph 2 of this Section 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.
SAFETY
Section 2.17. Employers shall comply with OSHA. Standards and NFPA 70E. It is the Employer's exclusive
responsibility to insure the safety of its employees and their compliance with these safety rules and standards.
HOURS - WAGES - WORKING CONDITIONS
Section 3.01.(a) Eight hours work between the hours of 7:00 A.M. and 4.30 P.M. with thirty minutes for lunch
period between 11:00 A.M. and 1:00 P.M. shall constitute the workday. Five such days, Monday through Friday,
shall constitute the workweek.
4-10's
Section 3.0 L(b) The employer, with 24 hours prior notice to the union, may institute a workweek consisting of four
consecutive 10-hour days between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday, with one-half
hour allowed for a lunch period. Friday may be used as a make-up day, and if utilized, a minimum of 8 hours work
must be scheduled. After 10 hours in a workday, or 40 hours in a workweek, overtime shall be paid at a rate of one
and one-half times the regular rate of pay. Any scheduled overtime shall revert to a 5-8's schedule.
6:00 A.M. START TIME
The Employer with 24 hours prior notice to the union may institute a 6:00 A.M. job start during the time period
between Memorial Day and Labor Day only. Notice shall be followed up in writing to the union. 6:00 AM stalls
beyond Labor Day may be approved by the Business Manager if the General Contractor on the project notifies the
Hall hi writing and it is not a burden to any Employees on the project.
OVERTIME/HOLIDAYS
Section 3,02. All work performed between 3:30 P.M. and Midnight with a 7:00 A.M. starting time and between
4:30 P.M. and Midnight with an 8:00 A.M. starting time shall be paid for at one and one half times the regular
straight time rate of pay, except work performed between Midnight and 8:00 A.M., Sundays and the following
holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving
and Christmas Day, and days celebrated as such, shall be paid for at double the regular straight time rate of pay.
One and one half times (1 1/2 times) the regular rate of pay shall apply to all hours between 3:30 P.M. and Midnight
with a 7:00 A.M. start time and 4:30 P.M. and Midnight with a 8:00 A.M. start time.
An employee may take General Election Day off by giving the Employer one -week (7 days) notice. Work
performed on General Election Day will be paid at straight time. This Election Day refers to the November general
election date on even numbered years.
PAYDAY
Section 3.03 (a). Wages shall be paid weekly not later than Thursday and during regular working hours that day. In the
event employees are not paid their wages at or before such quitting time, waiting time shall be paid at
employee's straight time rate of pay which shall be paid until payment is made but waiting time shall not exceed
eight (8) hours in any one twenty-four (24) hour period. Any worker laid off or discharged shall be paid his wages
immediately. This includes short calls. Should an Employee be laid off during the regular work day- the Employer or
his Representative shall notify the Employee and the Steward, if applicable, at least one hour advance thereof. The
Employee should use this time immediately prior to leaving said Employer's employment to gather his or her tools and
personal belongings. When an employee voluntarily terminates his employment, his wages shall be mailed,
postmarked no later than 12:00 Midnight on Thursday of that pay period. In the event wages are not mailed, post-
marked no later than 12:00 Midnight on Thursday of that pay period, waiting time shall be paid at employees
straight time rate of pay which shall be paid until payment is made but waiting time shall not exceed eight (8)
hours in any one twenty-four (24) hour period. When a holiday falls on Thursday, payday converts to Wednesday.
When special holiday circumstances dictate, payday will be determined by mutual agreement between the Business
Manager and NECA Chapter Manager.
DIRECT DEPOSIT
Section 3.03 (b). Direct deposit (electronic transfer) may be used by mutual agreement between the Employer and
Employee. Employers will not be held responsible for waiting time, if the bank makes an error in processing. Proof of
the error will be a letter of admission on bank letterhead. All fees, costs, and penalties incurred by members shall be
borne by the employer and/or the bank. When a layoff or discharge occurs and the employee is in the employer's direct
deposit program, the following must have occurred: 1.) The employee shall have been informed in writing of the
7
Layoff/Discharge procedure at initial enrollment. 2.) The employee shall acknowledge with a signature. 3.) A check in
the amount due the employee for the current week's wages will be presented to the employee. 4.) If the
layoff/discharge is prior to the regular Thursday payday, a pay stub showing the amount to be deposited into the
employee's account on the normal payday along with all the related deductions that are associated with that pay period
shall be presented to the employee at the time of layoff/discharge.
W2 DISTRIBUTION SECTION
Section 3.03 (c). Employers shall hand deliver to the jobsite, mail by USPS to their home address or by a secure
Website W2 forms to all employees.
LAYOFF FOR LACK OF WORK
Section 3.03 (d). Any Journeyman who is offered less than forty (40) hours of employment per week for two
consecutive weeks, due to action or inaction of the employer, shall upon his request be given a layoff with a Reduction
in Workforce from his employer.
WAGES
Section 3.04 (a). The mininuun rate of wages for Journeyman shall be:
Effective
06/04/1$
06103 19 06/01/20
JOURNEYMAN
$34.25
+ $1.73 + $1.73
WORKING FOREMAN *
$37.68
Distribution Distribution
GENERAL FOREMAN *
$39.39
to be Determined to be Determined
* Please be advised Foreman rate is at 10% and General Foreman rate is at 15% above Journeyman Rate
APPRENTICE WIREMAN — SIX (6) PERIODS
1ST PERIOD
40%
2ND PERIOD
45%
3RD PERIOD
55%
4T11 PERIOD
65%
5TH PERIOD
75%
6TH PERIOD
85%
OF JOURNEYMAN WIREMAN RATE
OF JOURNEYMAN WIREMAN RATE
OF JOURNEYMAN WIREMAN RATE
OF JOURNEYMAN WIREMAN RATE
OF JOURNEYMAN WIREMAN RATE
OF JOURNEYMAN WIREMAN RATE
The rate of pay for apprentices shall be rounded to the nearest whole cent.
CERTIFIED WELDER/CRANE OPERATOR
Section 3.04(b). CERTIFIED WELDER/ CRANE OPERATOR: Where a jobsite or an employer requires a certified
Welder and/or a certified Crane Operator those meeting the certification requirements and performing those tasks
shall be paid at a rate of 5% above journeyman scale.
Section 3.04(c). When an employee is referred as a Certified Welder/Crane Operator, he must remain at the 5% rate
for a minimum of 500 hours or must receive a reduction in workforce. When the employee is an uncertified
Welder/Crane Operator those referred shall not receive Welder/Crane Operator pay until certified on site or by the
employer. If the uncertified Welder/Crane Operator fails to certify within 14 calendar days of date of hire they must
receive a reduction in workforce. Once certified the 500 hour rule applies.
TRAVEL TIME
Section 3.05(a). No traveling time shall be paid before or after working hours to employees traveling to or from any job
within the territory covered by this Agreement, when workmen are ordered to report on the job.
Section 3.05(b). The Employer shall pay for all travelling time and furnish transportation from shop -to job, job -to -
job, and job -to -shop within the territory encompassed by this Agreement. On all work performed outside the territory
covered by this Agreement, the EMPLOYER shall furnish transportation, board, and all necessary expenses. If the
EMPLOYER chooses to pay per diem rates for expenses, the minimum rate shall be reimbursed for meal expenses at
the regular federal per diem rate published by the Internal Revenue Service (IRS) and General Services Administration
(GSA) and be uniformly administered to the employees working out of town and shall be mutually agreed to prior to
the employees manning the project. Travel time for work outside the territory shall commence at the territory borders.
This may be adjusted to satisfy customer needs. Per Diem shall be paid no later than the following pay period.
Reimbursement for travel expenses shall be paid by the pay period following the turning in of receipts. When
necessary for an employee to furnish his own private transportation, he shall be reimbursed at the rate rounded to the
nearest full cent under the maximum amount currently specified by the IRS and GSA.
SHIFT WORK
Section 3.06.(a)_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 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.
The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30
A.M. and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular hourly rate of pay plus 31.4% for
all hours worked.
The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the
needs of the customer.
If the parties to the Agreement mutually agree, the shift week may commence with the thud shift (graveyard shift) at
12:30 A.M. Monday to coordinate the work with the customer's work schedule. However, any such adjustment
shall last for at least five (5) consecutive days' duration unless mutually changed by the parties to this agreement.
An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required before the
established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-half times
the "shift" hourly rate.
There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any
hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.
Section 3.06.(b) The Shift Language above may be modified on a job by job basis with approval by both the Business
Manager of IBEW 153 and the Executive Manager of Northern Indiana NECA.
DUES DEDUCT
Section 3.07. 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.
FOREMAN RATIO
Section 3.08. On all jobs employing five (5) or more Workman one Journeyman shall be designated as a Working
Foreman by the EMPLOYER. A Working Foreman shall not supervise more than eleven (I I) Journeymen including
himself or 15 total Workmen. Workmen assigned to a job shall be considered part of the work force for that pay
period. Where required in this Section, there shall be a Working Foreman designated by the EMPLOYER, who shall
be an employee or employees in the bargaining Unit. Such individual or individuals shall not exercise any of the
functions customarily exercised by supervisors as defined in the Labor -Management Relations Act, as amended.
CLARIFICATION --(When the sixteenth(16) Journeyman appears on the job, another Working Foreman shall be so
designated, etc., etc.).
GENERAL FOREMAN
Section 3.09. On all jobs having three (3) or more Foreman there shall be a General Foreman designated by the
EMPLOYER. Such General Foreman shall act in a supervisory capacity only.
0
Section 3.10. On Jobs having a foreman, workmen are not to take directions or orders, or accept layout of any job
from anyone except the foreman, except in an emergency.
PREFABRICATION
Section 3.11. When an Employer elects to self -perform electrical prefabrication activities outside the jobsite, the
workforce shall consist of IBEW Local 153 Members. A traveling signatory contractor shall be allowed to utilize their
existing prefabrication facilities as long as the facility is manned by Local IBEW Members in their home jurisdictions
under the agreement. The ratio of Journeyman to Apprentice/ Construction, Wiremen/ Construction electricians shall
be at the Employer's discretion. However, there must be, at a minimum one (one) Journeyman to supervise the prefab
facility. The total number of the non journeyman performing these prefabrication activities shall count toward the total
shop ratio allowed under this agreement.
TRANSPORTATION OF TOOLS / MATERIAL AND PRIVATE CELL PHONE USAGE
Section 3.12. No workman shall use any automobile, motorcycle or other vehicle in a manner considered by the
UNION to be unfair to other workmen, or against the best interest of the UNION. The Union shall not consider it to be
unfair to other workmen or against the best interest of the Union for a worker to transport personal protective
equipment that is furnished by the Employer inany, automobile, motorcycle, or other vehicle. The use of personal
cell phones being used for company business is prohibited,
COPE VOLUNTARY DEDUCT
Section 3.13. The Employer agrees to deduct and transmit to IBEW-COPE an amount often cents ($.10) per hour
from the wages of each employee who voluntarily authorizes such contributions on the forms provided for that
purpose by IBEW-COPE.
These transmittals shall occur monthly and shall be accompanied by a list of the names of those employees for
whom such deductions have been made and the amount deducted for each such employee.
REFUSAL OF OVERTIME
Section 3.14. No Employee will be penalized in any manner for refusing overtime.
SHOW -UP TIME
Section 3.15. Any workmen reporting for work and being laid off, not having been notified the day previous of
such lay- off, shall receive not less than two (2) hours wages in order to gather his tools and personal belongings
and shall be paid off in full immediately.. In the event the workman is not paid off, waiting time at tite regular rate
shall be charged until payment is made. When workmen are directed to report to a job and do not start work due to
lack of material, or other causes beyond their control they shall receive two (2) hours pay unless notified one hour
before starting time of that day.
Section 3.16. Workman shall report to the shop or on the job ready to work at the scheduled starting time.
WORK ON ENERGIZED CIRCUITS OF 440V
Section 3.17. On all energized circuits of 440 volts or over, as a safety measure, two or more Journeymen must
work together.
Section 3.18. Workmen shall install all electrical work in a safe and workmanlike manner and in accordance with the
applicable code and contract specifications.
Section 3.19. A Journeyman shall be required to make corrections on improper workmanship for which he is
proven responsible, on his own time during regular working hours, unless errors were made by orders of the
EMPLOYER or the EMPLOYER'S representative. The EMPLOYER shall notify the UNION of workmen who fail to
adjust improper workmanship, and the UNION will thereupon diligently and in good faith induces such workmen to
comply with the requirements of this provision.
Section 3.20. No employee shall be required to use any tool, which requires an explosive to operate.
HIGH TIME
Section 3.21. For hazardous work performed from a free fall height of forty (40) feet, workmen shall be paid on the
10
basis of ten percent (10%) of Journeyman's rate in addition to the employee's regular rate of pay.
EMERGENCY CALL -INS
Section 3.22.(a) An "Emergency Call -In" in excess of four (4) hours prior to the normally scheduled starting time
shall be paid at the applicable overtime rate. The last overtime rate worked shall continue until the project for
which the employee was called is completed.
Section 3.22. (b) If an employee leaves the project and returns within eight (8) hours, the overtime shall continue.
Section 3.22. (c) When the project is completed, the employee can choose to continue on another project at the
established rate for that project.
Section 3.22 (d) For scheduled Shut -Downs, the prevailing rate of pay shall be applied as referenced in Sections 3.01
and Section 3.02.
PERSONAL PROTECTIVE EQIPMENT
Section 3.23. All Members will be required to provide their own Personal Protective Equipment, if such equipment
becomes mandated by a legal entity for work in the Electrical Construction Industry. When these items are required by
a Customer's or Employer's safety program, the Employer shall be responsible for providing the Personal
Protective Equipment. For the purposes of clarity, Personal Protective Equipment shall be limited to the following
items:
Safety Glasses.
Electrical Flame Retardant Clothing.
Work Gloves
Section 3.23. (a) The Employer shall furnish hard hats and liners to the workmen when same are required.
Section 3.23. (b) If an Employer requires uniforms to be worn during business hours, the Employer shall be responsible
for the cost of purchase and cleaning.
Section 3.23, (c) When the wearing of safety -toe shoes conforming to ASTM F2413-05-EH standards either through
an employer's written safety program or a customer's safety policy the safety -toe shoes shall be furnished by the
employee.
REFERRAL PROCEDURE
Section 4.01. In the interest of maintaining an efficient system of production in the industry, providing for an
orderly procedure of referral of applicants for employment, preserving the legitimate interests 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.
Section 4.02. The Union shall be the sole and exclusive source of referral of applicants for employment.
EMPLOYER RIGHT TO REJECT
Section 4.03. The Employer shall have the right to reject any applicant for employment.
Section 4.04. 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, by-laws, 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.
11
Section 4.05. 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.
JOURNEYMAN WIREMAN -- JOURNEYMAN TECBNICIAN
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 Wn eman's
examination given by a duly constituted Inside Construction Local Union of the LB.E.W. or have been certified as a
Journeyman Wiseman 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 geographic area covered by the Collective
Bargaining Agreement.
Group I status shall be limited to one Local union at one time. An applicant who qualities for Group I it] a local union
sball be so registered electronically and remain on Group I in that local union unless and rnrtil the applicant designates
another local union as his or her Group 1 local union. If an applicant qualities for Group I status in a local union other
than his or her home Iocal 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.
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
I.B.E.W. or have been certified as a Journeyman Wireman by any 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 4.06. If the registration list is exhausted and the Local Union unable to refer applicants for employment to the
I rnployer within 48 hours fi°om 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 4.07. 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 4.08. "Normal construction labor market" is defined to mean the following geographical area plus commuting
distance adjacent thereto, which includes the area from which the normal labor supply is secured: St. Joseph,
Marshall, Kosciusko and Elkhart Counties, State of Indiana; Berrien and Cass Counties, State of Michigan. The above
geographical area is agreed upon by the parties to include the areas defined by the Secretary of Labor to be the
appropriate prevailing wage areas under the Davis -Bacon Act to which this Agreement applies.
Section 4.09. "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 4.10. "Examinations" -- An "Examination" shall include experience rating tests if such examination shall
have been given prior to the date of this procedure, but fiom 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 days. An applicant shall be eligible for
examination if he has four years' experience in the trade.
Section 4.11. 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.
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Section 4.12. An applicant who has registered on the "Out of Work List" must renew his application every thirty
days or his name will be removed from the "List".
Section 4.13. An applicant who is hired and who receives, through no fault of his own, work of forty (40) hours or
less shall, upon registration, be restored to his appropriate place within his Group.
Section 4.14. (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 the
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 11, then Group III, and then 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 place within the Group.
Section 4.14. (b). An applicant who is discharged for cause two (2) times within a twelve (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 refenul. The neutral member of the Appeals Committee shall, within three (3) business days review the
qualifications of the applicant and the reasons for the discharges. The neutral member of the Appeals Committee may,
in his or her sole discretion
Require the applicant to obtain further training from the SBVJATC before again being eligible for referral.
Disqualify the applicant for referral for a period of four (4) weeks or longer, depending on the seriousness of the
conduct and/or repetitive nature of the conduct.
Refer the applicant to an employee assistance program, if available, for evaluation and recommended action.
Restore the applicant to his/her appropriate place on the referral list.
Section 4.15. 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.
Section 4.16. An appeals Committee is hereby established composed of one member appointed by the Union, one
member appointed by the Employer or by the Chapter, as the case may be, and a Public Member appointed by both of
these members.
Section 4.17. 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 Section 4.04 through 4.15 of this
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 is not authorized to add to, subtract from, or modify any of the
provisions of this Agreement and its decisions shall be in accord with this Agreement.
Section 4.18. A representative of the Employer or of the Chapter 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 4.19. 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 offices of the Employers who are parties to this Agreement.
Section 4.20. Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the
Agreement between the parties.
REVERSE LAYOFF
Section 4.21.
When making reductions in the number of employees due to lack of work, Employers shall use the following
procedure:
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(a). Temporary employees, if any are employed, shall be laid off first. Then employees in Group IV shall be laid off
next, if any are employed in this Group. Next to be laid off are employees in Group I11, if any are employed in this
group, then those in Group 11, and then those in Group I.
(b). Paragraph (a) will not apply as long as the special skills requirement as provided for in Section 4.15(a) is required.
(c). Supervisory employees covered by the terms of this Agreement will be excluded from layoff as long as they remain
in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate
group in paragraph (a) above.
Section 4.22. The intent of Reverse Layoff is layoff by job and not by shop.
TERMINATION SLIPS
Section 4.23. When an employee is discharged the Employer shall provide a termination slip to the employee and a
copy shall be sent by fax or email to the Union by the end of business that following day. If the employee is an
Apprentice, then the termination slip shall be faxed to the SBVJATC the end of business that following day.
Section 4.24. Upon request by the Business Manager of the Union, the Employer shall furnish a wage statement of
payroll, hours showing name, rate of pay, amount of wages paid to workmen, and direct deposit status of employees
employed under the terms of this agreement.
Section 4.25. It is hereby understood and agreed that it is the policy of the members of the UNION to promote, by all
legal means, the use of material and equipment manufactured, processed or repaired under economically sound wage,
hour and working conditions by their fellow members of the International Brotherhood of Electrical Workers.
STANDARD INSIDE APPRENTICESHIP LANGUAGE
Section 5.01. There shall be a local Electrical Joint Apprenticeship and Training Committee (SBVJATC) consisting of
a total of 8 members who shall also serve as trustees to the local apprenticeship and training trust. An equal number of
members (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 (MEW).
The Iocal apprenticeship standards shall be in conformance with national guideline standards and industry policies to
ensure that each apprentice has satisfactorily completed the ETA required hours and course of study. All
apprenticeship standards shall be registered with the ETA before being submitted to the appropriate registration
agency.
The SBVJATC shall be responsible for the training of apprentices, journeymen, installers, technicians, and all
others (unindentured, intermediate journeymen, etc.).
Section 5.02. All SBVJATC member appointments, reappointments and acceptance of appointments shall be in
writing. Each member shall be appointed for a four (4) year term, unless being appointed for a lesser period of
time to complete an unexpired term. The terms shall be staggered, with one (1) term from each side expiring each
year. SBVJATC members shall complete their appointed term unless removed for cause by the party they represent
or they voluntarily resign. All vacancies shall be filled immediately.
The SBVJATC shall select from its membership, but not both from the same party, a Chairman and a Secretary who
shall retain voting privileges. The S B V J A T C will maintain one (1) set of minutes for S B V J A T C
committee meetings and a separate set of minutes for trust meetings.
The SBVJATC should meet on a monthly basis, and also upon the call of the Chairman.
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Section 5.03. Any issue concerning an apprentice or an apprenticeship matter shall be referred to the SBVJATC for
its review, evaluation and resolve; as per standards and policies. If the SBVJATC deadlocks on any issue, the matter
shall be referred to the Labor -Management Committee for resolution as outlined in Article I of this agreement; except
for bust fund matters, which shall be resolved as stipulated in the local trust instrument.
Section 5.04. There shall be only one (1) SBVJATC and one (1) local apprenticeship and training trust. The
SBVJATC may, however, establish joint subcommittees to meet specific needs, such as residential or
telecommunication apprenticeship. The S B V J A T C may also establish a subcommittee to oversee an
apprenticeship program within a specified area of the jurisdiction covered by this agreement.
All subcommittee members shall be appointed, in writing, by the party they represent. A subcommittee member may or
may not be a member of the SBVJATC.
Section 5.05. The SBVJATC may select and employ a part-time or a full-time Training Director and other support
staff, as it deems necessary. In considering the qualifications, duties and responsibilities of the Training Director,
the SBVJATC should review the Training Director's Job Description provided by the ETA. All employees of the
SBVJATC shall serve at the pleasure and discretion of the SBVJATC.
Section 5,06. To help ensure diversity of training, provide reasonable continuous employment opportunities and
comply with apprenticeship rules and regulations, the SBVJATC, as the program sponsor, shall have full authority
for issuing all job training assignments and for transferring apprentices from one employer to another. The
employer shall cooperate in providing apprentices with needed work experiences. The local union referral office
shall be notified, in writing, of all job training assignments. If the employer is unable to provide reasonable
continuous employment for apprentices, the SBVJATC is to be so notified.
Section 5.07. All apprentices shall enter the program through the SBVJATC as provided for in the registered
apprenticeship standards and selection procedures.
An apprentice may have their indenture canceled by the SB VJATC at any time prior to completion as stipulated in
the registered standards. Time worked and accumulated in apprenticeship shall not be considered for local
union referral purposes until the apprentice has satisfied all conditions of apprenticeship. Individuals terminated
from apprenticeship shall not be assigned to any job in any classification, or participate in any related training,
unless they are reinstated in apprenticeship as per the standards, or they qualify through means other than
apprenticeship, at sometime in the future, but no sooner than two years after their class has completed apprenticeship,
and they have gained related knowledge and job skills to warrant such classification.
Section 5.08. The SBVJATC shall select and indenture a sufficient number of apprentices to meet local manpower
needs. The SBVJATC is authorized to indenture the number of apprentices necessary to meet the job site ratio as
per Section 5.12.
Section 5.09. Though the SB V J A T C cannot guarantee any number of apprentices; if a qualified employer requests
an apprentice, the S B V J A T C shall make every effort to honor the request. If unable to fill the request within
ten (10) working days, the S B V J A T C shall select and indenture the next available person from the active
list of qualified applicants. An active list of qualified applicants shall be maintained by the SBVJATC as per the
selection procedures.
Section 5.10. To accommodate short-term needs when apprentices are unavailable, the SBVJATC shall assign
unindentured workers who meet the basic qualification 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 S B V J A T C
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 S B V J A T C will determine, as provided for
in the apprenticeship standards, if some credit for hours worked as an unindentured will be applied toward the
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minimum OJT hours of apprenticeship.
The S B V J A T C may elect to offer voluntary related training to unindentured; such as Math Review, English,
Safety, Orientation/Awareness, introduction 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.
APPRENTICE TO JOURNEYMAN RATIO
Section 5.12. Each job site shall be allowed a ratio of Apprentices to Journeymen as follows:
Number of Journeymen
I to 2
3
4
5
6 & above
Maximum Number of Apprentices
The first person assigned to any job site shall be a Journeyman Wireman.
2
3
4
5
3(J) to 2 (A)
A job site is considered to be the physical location where employees report for their work assignments. The
ernployer's shop (service center) is considered to be a separate, 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 years of related classroom training using the ETA
Curriculum and accumulated a minimum of6,500 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 SBVJATC shall issue all graduating apprentices
an appropriate diploma from the ETA. The SBVJATC shall encourage each graduating apprentice to apply for
college credit through the ETA. The SBVJATC 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 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.
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. Effective June 4, 2007 the rate of
contribution is $.38 per hour for each hour worked. 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.
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ARTICLE VI
FRINGE BENEFITS
NATIONAL ELECTRICAL BENEFIT FUND (NEBF)
Section 6.01. 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 of the appropriate local collection agent not later than fifteen (15)
calendar days following the end of each calendar month.
The individual employer hereby accepts, and agrees to be bound by, the Restated Employees Benefit Agreement
and Trust.
An individual employer who fails to remit as provided above shall be additionally subject to having his agreement
terminated upon seventy-two (72) hours notice in writing being served by the Union, provided the individual
employer fails to show satisfactory proof that the required payments have been paid to the appropriate local
collection agent.
The failure of an individual employer to comply with the applicable provisions of the Restated Employees Benefit
Agreement and Trust shall also constitute a breach of this labor agreement.
HEALTH & WELFARE FUND
Section 6.02. (a) The EMPLOYER shall contribute the amount as determined by the Labor Management Committee
for each hour worked by the employees, lsr period appivntices shall receive no Supplemental Benefit Account
contributions.
A portion of the Health and Welfare contribution as determined by the Union shall go to a Supplemental Benefit
Account.
Said contributions shall be distributed by said designated trust and or Trustees to the trustees of a General Fund known
as the Michiana Area Electrical Workers Health and Welfare Fund.
The said Welfare Fund shall be administered as provided in Section 3.02 of the Taft -Hartley Act as amended.
Individual EMPLOYERS, who fail to remit as provided herein, shall be subject to Articles of collection, including
"liquidated damages", as provided in the current Michiana Area Electrical Workers Health & Welfare Fund Trust
Agreement.
Individual EMPLOYERS who fail to remit as provided above shall be additionally subject to having this Agreement
terminated upon seventy-two (72) hours notice, in writing, being served by the UNION, provided the individual
EMPLOYER fails to show proof that the required payments have been paid.
PLAN C14" FUND
Section 6.02 (b). The EMPLOYER shall contribute the arnount as determined by the Labor Management Committee
for each hour worked all employees.
Plan "4" was effective on June 1, 2017, said contributions shall be distributed by said designated trust and or Trustees
to the trustees of a General Fund known as the Michiana Area Electrical Workers Plan "4" Fund.
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The purpose of Plan "4" is to help participants in the Michiana Area Electrical Workers Health and Welfare Fund pay
for their health coverage after they retire. All benefits are paid directly to the Health and Welfare Fund.
Individual EMPLOYERS, who fail to remit as provided herein, shall be subject to Articles of collection, including
"liquidated damages", as provided in the current Michiana Area Electrical Workers Plan "4" Fund Trust
Agreement.
Individual EMPLOYERS who fail to remit as provided above shall be additionally subject to having this Agreement
terminated upon seventy-two (72) hours' notice, in writing, being served by the UNION, provided the individual
EMPLOYER fails to show proof that the required payments have been paid.
PENSION
Section 6.03. The EMPLOYER shall contribute the amount as determined by the Labor Management Committee for
each hour worked by the employees.
Foreman shall receive contributions equal to 10% above the Journeyman contribution rate. General Foreman shall
receive contributions equal to 15% above the Journeyman contribution rate.
Apprentices in the 4111 period shall be paid 25% of the Journeyman contribution rate, 5' period shall be paid 50% of the
Journeyman contribution rate, and 60' period shall be paid 7'5% of the Journeyman contribution rate.
Said Trust shall be an irrevocable Trust for the purpose of paying pensions on retirement or death of said employees for
the benefit of said employees, their families and dependents, and shall be administered as provided in Section
3.02 of the Labor -Management Act, as amended.
Individual EMPLOYERS who fail to remit said contribution as provided herein, shall be subject to Articles of
collection, including "liquidating damages", as provided in the current Michiana Area Workers Pension Fund Trust
Agreement.
Individual EMPLOYERS who fail to remit as provided above shall be additionally subject to having this Agreement
terminated upon seventy-two (72) hours notice in writing being served by the UNION, provided the individual
EMPLOYER fails to show proof that the required payments have been paid.
MONEY PURCHASE PLAN
Section 6.04. The Employer shall contribute the amount as determined by the Labor Management Committee for each
hour worked by all Journeymen and above covered by this agreement. Apprentices in the 4th period will be paid at
25% of the Journeyman contribution rate, 5th period at 50% of the Journeyman contribution rate, and 6th period at 75%
of the Journeyman contribution rate. Said Trust shall be for the purpose of paying pensions on retircruent or death of
said employees for the benefit of said employees, their families and dependents, and shall be administered as provided
in Section 8.01 of the Labor -Management Act, as amended.
Foreman shall receive contributions equal to 10% above the Journeyman contribution rate. General Foreman shall
receive contributions equal to 15% above the Journeyman contribution rate.
Individual EMPLOYERS who fail to remit said contribution as provided herein, shall be subject to Articles of
collection, including "liquidating damages", as provided in the current Michiana Area Workers Money Purchase Plan
Trust Agreement.
SUBSTANCE ABUSE
Section 6.05. (a). The dangers and costs that alcohol and other chemical abuses can create in the electrical 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 procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and
confidentiality. To provide a drug -free workforce for the Electrical Construction Industry, each MEW local union
and NECA chapter shall implement an area -wide Substance Abuse Testing Policy. The policy shall include
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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 6.05 (b). $.05 per hour of the Employers Health and Welfare contribution shall be used for the Substance
Abuse program. Additional cost for the Substance Abuse Plans as determined by the Substance Abuse Committee
shall be borne by the Employers.
SUB -PLAN
Section 6.06. When implemented, said Plan shall be for the purpose of providing financial benefits for the
employees as called for under the terms of the plan.
ADMINISTRATIVE MAINTENANCE FUND
Section 6.07. Effective June 1, 2015, all employers signatory to this labor agreement with the Northern Indiana
Chapter, NECA designated as their collective bargaining agent shall contribute $.12 per hour for each hour worked by
each employee covered by this labor agreement to the Administrative Maintenance Fund. The monies are for the
purpose of administration of the collective bargaining agreement, grievance handling and all other management
duties and responsibilities in this agreement; the fund will be administered solely by the employers. The enforcement
for delinquent payments to the fund is the sole responsibility of the Fund and not the Local Union, The Fund shall not
be used in any manner detrimental to the Local Union or the IBEW.
72-HOUR NOTICE
Section 6.08. In the event an individual Employer issues a check for payroll, fringe benefits and/or deductions
required or permitted by this Agreement for which there are no funds available to cover, or in the event that
payments for wages, fringe benefits and/or deductions required or permitted by this Agreement are not made or if
any of the reporting fortes for the fringe benefits or deductions identified in the Agreement are not made on their
required due dates, the Union shall have the right upon seventy-two (72) hours written notice to the individual
Employer to remove from the delinquent individual Employer's jobs all bargaining unit employees. The Union may
also demand that any such Employer pay its employees for all wages lost due to the withdrawal of their services
pursuant to this section. If the Local Union makes such a demand the individual Employer shall be responsible for
those lost wages, fringe benefits and deductions. The Union also reserves the right, but is not required, to terminate the
Agreement with the delinquent individual Employer after said notice is delivered. The events identified in this Section
are excluded from the coverage of Article 1, Section 1.04.
All contributions covered by this Agreement shall be paid into the Fund monthly, not later than the 15th day
following the close of any month.
AGREEMENTENFORCEMENT
Section 6.09. If a monthly payroll report and payment does not arrive at NECA's Michigan City office before the close
of business on the 15th of the month following the month the work was performed, it will be declared delinquent and
will require a separate check for ten (10%) percent liquidated damages plus twenty five ($25.00) dollars processing fee
as late charges.
If the 15th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the
preceding business day. Current business hours are 7:00 a.m. to 4:00 p.m. central time, Monday thru Friday. Mail slot
drop-offs after 4:00 p.m. are processed on the next business day.
If an Employer elects to pay Fringe Benefits on the bi-monthly basis the fringe benefits paid in the first pay period will
be released to the applicable funds prior to the end of each calendar month.
If a bi-monthly payroll report and payment does not arrive at NECA's Michigan City Office before the close of
business on the Thursday following the end of the pay period, it will be declared delinquent and will require a separate
check for ten (10%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late charges.
If a delinquent payment is not received by the NECA Michigan City office before the close of business on the 27th of
the same month, twenty (20%) percent liquidated damages plus twenty five ($25.00) dollars processing fee as late
charges, will be charged and the account will be turned over to the attorney for collection. Additional attorney fees and
cost will be assessed.
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If the 27th falls on a Saturday, Sunday or Holiday, the payment and report will be due by the close of business on the
preceding business day.
If a bi-monthly delinquent payment is not received by the NECA's Michigan City Office before the close of business
on the loth day after the reporting period, twenty (20%) percent liquidated damages plus twenty five ($25.00) dollars
processing :fee as bate charges, will be charged and the account will be turned over to the attorney for collection.
Additional attorney ices and cost will be assessed..
If a check is returned because of insufficient funds, it must be replaced by a Certified Check or Money Order and
this form of payment will be required for the next 6 months.
When an Employer has accumulated at least one year (12 months) of timely payments, they shall be eligible for one
"grace period" on a late payment. Said payment must be received in the NECA office by the 20111 of the month in
which the payment was due.
NATIONAL ELECTRICAL INDUSTRY FUND (NETT')
Section 7.01. Each individual Employer shall contribute an amount not to exceed one percent (1%) nor less than .2 of
1 % of the productive electrical payroll as determined by each local Chapter and approved by the Trustees, with the
following exclusions:
Twenty-five percent (25%) of all productive electrical payroll in excess of 75,000 man-hours paid for electrical work
in any one Chapter area during any one calendar year but not. exceeding 150,,000 man hours.
One hundred percent (100%) of all productive electrical payroll in excess of 150,000 man-hours paid for
electrical work in any one Chapter area during any one calendar year.
(Productive electrical payroll is defnred 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.
LABOR-MANAGEMENT COOPERATION COMMITTEE (LMCC)
Section 8.01 _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 Relation 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
20
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.
Section 8.02. The Fund shall function in accordance with, and as provided in, it's 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 LMCC, as provided in said Agreement and Declaration of
Trust.
Section 8,03. The Employer shall contribute the amount determined by the Labor Management Committee, fourteen
cents (0.14) per hour, for each hour worked by the employees. 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. The Northern Indiana Chapter NECA, or its designee, shall be the collection agent for
this Fund.
Section 8.04. 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 attorneys' fees.
NATIONAL LABOR-MANAGEMENT COOPERATIVE COMMITTEE (NLMCC)
Section 9.01. The parties agree to participate in the NECA-IBEW National 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 communication 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 the 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;
(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.
Section 9.02. The Fund shall function in accordance with, and as provided in, it's Agreement and Declaration of
Trust, and any amendments thereto and any other of its governing documents. Each Employer hereby accepts,
21
agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said agreement and
Declaration of Trust.
Section 9.03. Each employer shall contribute one cent ($.01) 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. The Northern Indiana Chapter, NECA, or its designee, shall be the collection agent for this Fund.
Section 9.04. 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 ($20.00), 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 pail 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 attorneys' fees.
PRIOR AGREEMENT -EFFECT OF LAW
Section 10.01. This Agreement shall constitute the only Agreement between the parties and all prior agreements
entered into either written or verbal are hereby declared to be null and void.
Section 10.02. 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.
CODE OF EXCELLENCE
Section 11.01. The parties to this Agreement recognize that to meet the needs of our customers, 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.
ARTICLE X11
PROFESSIONAL BEHAVIOR AND ATTIRE
In an effort to improve the public's perception of the Electrical Contracting Industry and enhance employment
opportunities for contractors and their employees, the parties hereby advocate the following standards of professional
behavior and attire:
Abusive, profane, or threatening language is unprofessional and inappropriate. Also, any acts of harassment or
discrimination regarding sex, age, disability, sexual orientation, or national origin are not to be tolerated.
Clothing worn on the job shall not be objectionable to the customer or Employer and should be appropriate to the work
performed and the conditions encountered. Articles of jewehy or personal accessories such as chains, necklaces,
earrings, watches, shoes, or material with conductive thread should not be worn when those items could pose a personal
threat. Torn, ragged or dirty clothing portrays a negative image of our industry and should be avoided. Any clothing
with lewd, obscene, or otherwise suggestive wording or pictures is totally inappropriate.
22
Personal grooming should be consistent with the parties' intent to depict a professional ;image. Head and facial hair
should be clean and well kept. If either is worn long, it should be constrained in such a manner that it is not a safety
hazard. General cleanliness is also encouraged, especially when contact with the customer or general public can be
expected.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
SIGNED FORNORTHlw:llt.N INDIANA CHAPTER, NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION:
s/s Matthew J. LaFree, Executive Manager
SIGNED FOR LOCAL UNION NO. 153,1NTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
s/s William C. Haase III, Business Manager
May 30, 2018
Cticrx .a&ymapma, rnt'1Prestdeat
Thiaadr�aaauraE aeoaaa� raasa'Gr+stdae
,ta de aaol aaaaalsataarwatta aa, recaaaaaaat
23
June 4, 2018 through ,tune 6, 2021
The following Memorandums of Understanding are by and between the Eastern Division, Northern Indiana Chapter
National Electrical Contractors Association and Local Union No. 153 of the International Brotherhood of Electrical
Workers.
The Local Union agrees to hold harmless all signatory employers and the employers' chapter from any and all
claims of liabilities arising for the administration of these Memorandums of Understanding.
These Memorandums of Understanding are subject to the approval and ratification of the Eastern Division,
Northern Indiana Chapter, National Electrical Contractors Association and Local Union No. 153, IBEW.
These Memorandums of Understanding shall take effect June 4, 2018 and shall remain in effect until June 6, 2021
unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from the
first Monday of June of each year, unless changed or terminated as provided for in the contract under section 1.02
Whereas both parties share a mutual interest in the Electrical Construction Industry, the following agreements, terms
and conditions have been set forth:
MQUCA
An applicant who is hired and who receives, through no fault of his own, work of fourteen (14) calendar days or
less duration, shall, upon re -registration, be restored to his appropriate place within his Group
An applicant who is faired with the understanding that his employment shall not exceed fourteen (14) days duration
(i.e. ",shortcall") and, during such employment, is, offered a "regular call" within the 'Local Union jurisdiction, slra ll be
issued a termination notice from his employer.
t 'SHA °RAID
If OSHA. Training becomes a requirement by a lawful authority, all Members must attend an OSHA Training Class
held in the month of their birth.
A.) Silica Standard Training, Effective June 4, 2018.
All new Employees entering the workforce in this jurisdiction must attend a class in the month following their start of
employment in the local.
Refresher courses will be taken in the same manner as the basic class.
All Classes will be funded tlu-u the Journeyman Training Fund financed by the Employers.
R.ST
Effective September 1, 1997 all Members must attend a First Aid and CPR Class held in the month of their birth.
All new Employees entering the workforce in this jurisdiction must attend a class in the month following their start of
employment in,the local.
Refresher courses will be taken in the same manner as the basic class.
All Classes will be funded thru the Journeyman Training Fund financed by the Employers.
THE IA' J OfS l C . ' .'O(3RAM: P NfINOIUTIES AND l:)l '" TA( rI D,.
The parties agree to implement the Indiana Plan in the Local Union's Jurisdiction.
The Local Union Business Manager will administer the program and supervise the referral procedure.
A111MUM11's
Apprentices who succossfillfY comPlOte the tMilling progt�ajn In accoj-4,anoo v� tji the Provision of tho Agivement
betwoon the parflos droll be permitted to continue employinent Vitb their omployer in the clossificafion of Yourneyllmok
wiroma"
90Dz1LQ-m
Por the inside Collective Bargaining Agreement a ourjvnt National Electrical Code Book is part offhe Mandatory tool
list, Per US Inelim-andum, When a member completes a SBVJA'I'C approved Code Update Class the me uber will be
oligiblo to purcluve a Code Book through the SMATC at 4 LAW Of .101/6 (Yi'thfl, YCOU larSBVJA1'C prim
IN WITNESS WRMBOF, the; parties have executed this Agreement the day and year first above written.
SIGNED FQF- LOCAL UNION 153, INTEMAMONAL BROTHERHOOD OF ELECTRICAL WORKURS
8/9 William C. Ham 1H, Business Manager
SIGNED FORNORTHERN nqDMWA CHAPTER, NATIONAL BLECTRICAL CONTRACTORS ASSOCIATION:
sla Mat(how J. Wceo, Executive Ma' ftager
APPROVED
INTERNATIONAL OFFICE
May 30, 2018
Lamde R. Staphollsoll, 110ftsiddat
TbijagplimyAldneso itakutIm
f pally to Z Agmeamot
The Policy
The IBEW LU 153/Northem Indiana Chapter of NECA recognizes the hazards of illegal drugs,
alcohol abuse or other controlled substances in the workplace. As a result, these two
organizations jointly can control and reduce this problem through the development of a
comprehensive policy and program of education and information, promotion of an assistance
program, and implementation of fair and respectful drug testing that conforms to the latest
applicable federal guidelines for urine collection. All of this is to be done with the utmost
confidentiality and respect for the individual.
In order to enhance substance abuse awareness among all those involved, educational seminars
and training programs will be offered. The educational seminars will be directed toward
education of all participants about the seriousness of the problem of drug and alcohol abuse in
this country, and how the use of drugs and alcohol negatively impacts safety, productivity, and
the competitive ability of the American workforce.
Training of participants who may serve in supervisory positions will be directed towards
assisting those participants in identifying problem situations and/or warning signs of impairment,
as well as their responsibility to document, intervene and follow up with the troubled individual.
These sessions will be offered as ongoing training programs.
Northern Indiana NECA/LU 153 encourages all participants troubled by their own or a family
member's drug or alcohol abuse to seek professional care and treatment. Early recognition and
treatment of alcohol and drug abuse provides the greatest opportunity for successful recovery.
The Michiana Area Electrical Health & Welfare Fund provides an Employee Assistance Program
(EAP) for all participants and their families who need professional guidance in assessing their
substance abuse or alcohol related problem and choosing an appropriate course of treatment.
Current participants will be referred to an EAP representative as a result of a positive drug test.
A participant, who seeks the services of the EAP on his/her own, will never have his/her use of
the program brought to the attention of Northern Indiana NECA/LU 153 or any of its subscribing
organizations or participants. Individuals who use the EAP as a consequence of a positive drug
test will be subject to the conditions established in the drug testing portion of this policy.
The Employee Assistance Program (EAP) is a member resource sponsored by The Michiana
Area Electrical Health & Welfare Fund. The EAP provides confidential assistance to
participants who are experiencing substance abuse or alcohol -related problems in their own lives,
or who have family members with a similar problem that requires attention. The staff of the
EAP has knowledge of the level and types of benefits available to The Michiana Area Electrical
Health & Welfare Fund participants. Participants can access the services of the EAP through the
hotline that is staffed twenty-four (24) hours a day, seven (7) days a week, throughout the entire
year. Participants calling the EAP hotline are put in touch with a counselor who will conduct a
professional assessment and may meet with them to further assess the nature of the problem in
order to provide the best and most appropriate level of care. The EAP is staffed by certified and
credentialed human services professionals who are sensitive to the needs of the individual.
Individuals who take the initiative to contact the EAP for assistance do so with the assurance that
their calls will be treated respectfully and confidentially. The direct services provided by the
EAP are sponsored by The Michiana Area Electrical Health and Welfare Fund.
In Compliance with Public Law 100-690 (The Drug -Free Workplace Act), any participant who is
convicted of a drug or alcohol violation occurring in the workplace and who is employed by The
Michiana Area Electrical Health & Welfare Fund affiliated employer must report this
information to his/her immediate supervisor no later than five (5) days after such conviction.
The supervisor must report this information immediately to the funding agency.
Dr yZ Tesgff
Northern Indiana NECA/LU 153 will not provide an identification card to each participant
reflecting the results of the Drug & Alcohol Screen Test from the laboratory. In lieu of an
identification card, Northern Indiana NECA/LU 153 will utilize an email system that will allow
member contractors to check the status of their employees up to four times per year or more
option on a job specific basis. Northern Indiana NECA/LU 153 shall not assume nor bear any
liability or responsibility for the testing, the results, the certification or anything related to the
foregoing. To implement an appropriate and acceptable program, Northern Indiana NECA/LU
153 has adopted six (6) safeguards that reflect the standards established by the U.S. Department
of Health and Human Services (DHHS) and the National Institute of Drug Abuse (NIDA) for
testing mandated by the Nuclear Regulatory Commission and Department of Transportation
regulated entities. Those safeguards are as follows:
1. The integrity of collected urine specimens will be insured by utilization of one collection
procedure at all sites. Samples will be collected in accordance with federal standards that
provide for a continuous chain of custody and which recognize privacy concerns
regarding the individuals being tested.
2. Testing will be conducted by carefully selected accredited labs that have also obtained
and retained DHSS certification.
Page piaof3�
3. All tests that screen positive must be confirmed by gas chromatography/mass
spectrometry (GC/MS). GC/MS confirmation is the state of -the -art drug testing
technology, providing a fingerprint of the detected drug.
4. A medical Review Officer (MRO) will review all drug test positives test results. The
MRO is a physician with specialty training and expertise in substance abuse and drug
testing. The MRO will review presumptive positive test results to insure that proper
procedure, protocol, and reporting is done. The MRO will contact the person with the
positive test result. If the individual does not return the MRO's phone calls within 48
hours, the MRO will notify the Local Union and ask that the Local Union assist in
locating the individual and having the individual contact the MRO. The MRO will
interview the person with the positive test results by telephone to access whether any
plausible explanation exists for the drug test positive. If no verifiable explanation exists
for the positive drug test, the MRO will take appropriate steps to invalidate the
employee's drug -free status. All persons who have tested positive must have their return
to work cleared by the MRO.
5. All drug test positive samples will be retained in a locked frozen facility at the testing
laboratory for one year. The retained urine samples will be available should the results of
Page 5 of 31
that disputed or should arbitration or litigation arise out of the actions taken because of
the test results.
6. On a periodic basis, the MRO will submit blind pre -tested urine samples with appropriate
documentation to the drug testing laboratory as a means of assuring itself laboratory
proficiency.
Individuals subject to this policy continue to have access to the usual protections provided as a
part of their union membership and/or as members of bargaining units covered by collective
bargaining agreements. Such individuals may request that a union representative be available or
present prior to any action taken by an employer, if any, at any stage of the policy and its
administration. If an individual is aggrieved by any action taken under this Drug Policy and
his/her complaint cannot be resolved, the complaint may, if the individual or Union requests, be
referred as grievance under the grievance and arbitration provisions of the individual's collective
bargaining agreement. In the event the matter is referred to arbitration, the arbitrator shall be
bound substantively by the provisions of this Drug Policy.
The drug testing program will be directed at the detection of the following drugs at these
established levels:
Initial Test
GUMS
Drug Group
level ng/ml
Confirmation
Amphetamine
500 ng/ml
250 ng/ml
Methamphetamine
500 ng/ml
250 ng/ml
Cocaine
150 ng/ml
100 ng/ml
Metabolites
Marijuana
50 ng/ml
15 ng/ml
Metabolites
Codeine
2000 ng/ml
2000 ng/ml
Morphine
2000 ng/ml
2000 ng/ml
Phencyclidine
25 ng/ml
25 ng/ml
6-Acetylmorphine
10 ng/ml
10 ng/ml
MDEA
500 ng/ml
250 ng/ml
MDMA
500 ng/ml
250 ng/ml
MDA
500 ng/ml
250 ng/ml
Alcohol Alcohol
Breathalyzer
.02 BAC
All perspective employees and actual employees of Northern Indiana NECA/LU 153 affiliated
employers will be subject to Northern Indiana NECA/LU 153 program. All persons who are
eligible to obtain Northern Indiana NECA/LU 153 drug -free status will be instructed to report to
a pre -selected urine collection site within a pre -determined time. These selected sites will have
on hand collection kits, chain -of -custody forms, and all other necessary supplies. Whenever an
individual is directed to a collection site, the individual will proceed to that site directly after
work.
Page 7 of 31
During the first two years after the implementation of this revised plan, all members will be
subject to the new random testing program. During this two-year period, two pools will be
established. One is the drug -free pool which will contain those members who 1.) have been
selected for testing and have tested negative for controlled substances and 2.) have not been
selected for testing. The Ineligible pool will be populated by those members who 1.) have tested
positive for controlled substances and have not followed through on the prescribed actions as
detailed in the "Protocol for a Positive Test"; and 2.) have been selected for testing and for
whatever reason did not report for testing.
The basic format of the program will be a 50% Random testing of the Drug Free Poll and all
members of the Drug Free Poll will be tested at least once every two (2) years. As stated
previously, the program will start with all members in the Drug Free Pool. Monthly, the plan
administrator will generate a list of members for testing and this list will be forwarded to the
Local Union 153 Hall. The staff at the Local Union 153 Hall shall segregate the list by
contractor and forward the list on the appropriate contractors. The contractors will print the
attached letters and distribute them to the required employees. A two -week window will be
allowed from the time the names are pulled to testing. The contractors will distribute the letters
and mark the date and time the letters were distributed to the members. The members will be
required to stop on their way home from work at the nearest testing site and submit to testing. If
the member is unable to stop for testing on his/her way home from work, they must submit to
testing before reporting back to the jobsite the following morning. The member shall present
his/her copy of the chain of custody form from the testing site as proof that the member
Visage 8 of 3 1
submitted themselves to testing in the appropriate timeframe. If the member fails to comply with
the testing request, the contractor can at that time decide if any disciplinary action is needed.
At the end of the two -week window, the administrator will review the original testing list for that
month and provide a reminder letter that will be mailed directly to the member's home. This
letter will inform the member that they had been selected for testing and to date have not
submitted themselves for the required tests. The member will be given ten days form the date of
the letter to submit for testing. If the fail to do so, they will be placed in the ineligible pool.
All Employees of eligible Employers will be paid a $35.00 participation stipend beginning with
the June 2018 Random and $40.00 beginning with the June 2019 Random for submitting to the
testing. This stipend will be paid from the Health and Welfare Fund. The list of those tested for
the month will be generated by the Plan Administrator and forwarded to TIC for issuance of the
participation stipend. A copy of the form letters notifying individuals of their selection for this
test appears as an attachment at the back of this booklet.
Individuals may also be tested if there is `probable cause" to suspect that an individual's work
performance or on-the-job behavior is affected in any way by drugs or alcohol. The "probable
cause" standard is limited to any on-the-job accident, where there is a fatality, serious bodily
injury or significant property damage. Serious bodily injury will be defined as an injury that
requires an immediate hospital stay of over twenty-four (24) hours. For the purpose of this
program significant property damage will be defined as those incidents where an insurance
company claim may be involved.
The immediate supervisor shall document, in writing, the incident and the probable cause basis
for such testing. The documentation shall specifically detail the actions of the individual, the
location, date, time, length of observation, any witness, and should be signed by the supervisor
who witnessed the incident.
Individuals working under the collective bargaining agreement of local unions affiliated with
Northern Indiana NECA/LU 153 and those who are union members subject to this policy
continue to have access to the usual protections provided as a part of their union
representation/membership. Such individuals may request that a union representative be
available or present prior to any action taken by an employer at any stage of the policy and its
administration. If an individual is aggrieved by any action taken under this Drug Policy and
his/her complaint cannot be resolved, it may, if the individual or Union requests, be referred as a
grievance under the grievance and arbitration provisions of the individual's collective bargaining
agreement. The arbitrator shall be bound substantively by the provision of this Drug Policy.
Refusal to take the urine drug test for any of the described reasons, or failure to sign those forms
necessary for testing, determination of fitness to work, refusal to attend their evaluation meeting,
successful participation in their treatment program, and result reporting, are all grounds for
placement of the individual into the ineligible pool for Northern Indiana NECA/LU 153 and may
result in the employed individual being disciplined up to and including discharge by his/her
Northern Indiana NECA/LU 153 affiliated employer. Other employees of Northern Indiana
NECA/LU 153 affiliated contractors shall likewise be subject to the same policies.
Page 10 of 31
Any individual who disputes positive results shall have the right to have his/her initial sample
independently retested by a DHSS certified laboratory of his/her choice, at his/her own expense,
within three (3) working days of when he/she was notified of the test results. A portion of the
initial sample shall be forwarded under chain -of -custody directly by Northern Indiana NECA/LU
153 testing laboratory to the laboratory selected by the individual. Evaluation of the drug test
results must be performed by a qualified MRO approved by Northern Indiana NECA/LU 153. If
the second lab report test reveals negative results, then both tests will be considered negative.
Under these circumstances, the affiliated contractor has agreed to reimburse the individual for
compensation lost during the period of his/her disciplinary suspension or termination and the H
& W plan will reimburse the individual for the cost of the second test.
An individual whose positive test results are confirmed will be referred to the EAP by the MRO.
The individual is required to attend all appointments with the EAP counselor and to follow the
counselor's instructions.
:age I � of31
Traveling Craftsperson Assignment
There maybe times when certain jobs require the recruitment of traveling craftsperson. It is the
position of Northern Indiana NECA/LU 153 that all traveling craftsperson will be subject to this
policy and the requirements therein, including the drug testing provisions. In order to avoid
situations wherein a craftsperson will be forced to have one (1) or two (2) uncompensated days
while waiting for the results of a urine drug screen to be reported, traveling craftsperson will be
allowed to report to work immediately after providing a urine specimen for testing. The
craftsperson understands and accepts that should his/her urine test positive for any prohibited
substance, his/her employment will be summarily terminated without obligation for further
compensation by Northern Indiana NECA/LU 153 affiliated contractor. Such termination shall
also be subject to the individual's rights under his/her collective bargaining agreement.
Individuals who are called to work assignments that are anticipated to last three (3) days or less
are subject to this drug -free workplace policy, but may be exempt from the drug testing program.
If the assignment subsequently exceeds three (3) days, or if the individual accumulates more than
three (3) days at any single work location, the individual becomes subject to the drug testing
program. Individuals will be allowed to remain at work after three (3) days if they provide a
urine sample for testing. Should the test be reported as positive, the individual shall be subject to
discipline up to and including termination by Northern Indiana NECA/LU 153 affiliated
contractor, subject to the individual's right under his/her collective bargaining agreement.
Page 12 of 31
Any craftsperson currently working outside the jurisdiction that has not been an active
participant in the program will be subject to the same requirements as those of a traveling
craftsperson. In addition, if a craftsperson comes to a new employer from a shop where this
policy is not enforced, they also shall be subject to the requirements as detailed in the traveling
craftsperson section. Any Member falling under the Traveling Craftsperson or Local Member
returning to the local jurisdiction paragraphs of this document must visit the designated facility
for testing.
Page 113 of 31
Northern Indiana NECA/LU153 Guidelines for Obtaining an Applicant's Current Northern
Indiana NECA/LU 153 Cardholder's Urine Specimen at the Collection Site
1.0 Northern Indiana NECA/LU 153 applicant will be asked to provide a form of picture
identification (Company identification card, driver's license, etc.) to the medical
attendant.
1.1 Applicants who want a hard copy of their results may come to MRO's office and sign an
authorization for release of results.
2.0 Urine Collection process will follow to the extent and in the manner provided in DOT
agency regulations.
3.0 If the drug test is for probable cause purposes, the supervisor or another manager will be
required to accompany the employee to the specimen collection location. A union
representative may accompany the employee, if he or she so request. Upon arrival at this
location, the following procedures apply:
i) After the appropriate specimens have been collected, the company supervisor will
then take the employee home or to another safe place. In no instance should the
employee be allowed to drive home on his or her own. All reasonable effort, short of
force, should be used to convince the employee that he or she should be taken home,
including contact with family members, taxi service, etc. If it appears that the
Page 14 of 31
employee will attempt to operate a motor vehicle, and all reasonable attempts short of
force have failed to dissuade the employee, the proper authorities should be called
and advised of the situation.
ii) Immediately after return to the worksite, the company supervisor should prepare a
report of all of
the events that occurred from the initial observation of probable cause through the
testing process and the disposition of the employee. This report should be sent to his
or her immediate supervisor directly following the incident or in any event on the
same day.
Attachment I
Northern Indiana NECA/LU153 /Applicant Drug Test Information and Instruction Sheet
Northern Indiana NECA/LU 153 is exercising extreme care to insure that strict quality control
measures are followed in the collection, handling, and analysis of your urine specimen. You
play an important role in this process and should be certain that you have provided an
unadulterated urine specimen to the laboratory. Remember, you are certifying that the urine
specimen which you provide is yours and in unadulterated. Any adulteration or switching of
urine is a breach of Northern Indiana NECA/LU 153 rules and, if you are employed, may subject
you to discipline up to and including termination by your employer.
For your own protection and peace of mind, we ask that you:
of Provide a picture identification to the collection site/technician at time of arrival;
0 Be escorted to a collection room and asked to provide an unadulterated urine specimen in
the collection bottle provided. The bottle should be filled to 60ml;
a Return the specimen bottle to the medical technician and witness and initial the integrity
seals place on your specimen;
Verify the proper spelling of your name as recorded on the log sheet;
a Verify that your social security number has been properly recorded;
M Verify that the chain of custody number placed on your specimen bottle is the same as
that recorded on the log sheet and chain -of -custody form.
Sign Northern Indiana NECA/LU 153 Participation Form
I have read the above and have had an opportunity to ask questions regarding this procedure.
Northern Indiana NECA/LU 153 Applicant
Date
Protocol for a Positive Test
1. Upon determining that a drug test is a legitimate "positive", the MRO will contact the
EAP. Any treatment or further testing requirements is at the discretion of the MRO/EAP.
If the individual is deemed able to continue working and the individual attends all
treatment as recommended by the EAP they will continue to be in the eligible pool. If the
individual is deemed unable to continue working or if they do not comply with the
treatment recommended they will be placed in the ineligible pool. The MRO will inform
LU 153 in writing if the individual is unable to continue working. If the individual is
unable to continue working the MRO will communicate in writing that a recommendation
for return to work, (if the individual was or would be working for Northern Indiana
NECA/LU 153 affiliated employer), must be given by the EAP to the MRO before the
MRO can decide whether the individual can return to work. A copy of this
communication must be forwarded to the LU 153. If the individual chooses not to utilize
the EAP or not to follow the EAP's recommendation, he/she will be required to wait for
30 days from the date of initial contact with the MRO before being allowed to test again.
During this 30-day waiting period, the individual's Northern Indiana NECA/LU 153
eligibility status will be "not eligible" and the Local Union will be notified so the
employing contractor may also be notified.
2. Upon making the phone call to the EAP, the individual will attend the evaluation
appointment that had been set up by the MRO. During the evaluation, the EAP counselor
will request that the individual sign a release authorizing EAP communications with the
MRO. If the individual chooses not to utilize the EAP or not to follow the EAP's
Page 18 of 31
recommendation, he/she will be required to wait for 30 days from the date of initial
contract with the MRO before being allowed to test again. During this 30-day waiting
period, the individual's Northern Indiana NECA/LU 153 eligibility status will be
"ineligible" and the Local Union will be notified so the employing contractor may also be
notified.
3. Assuming that the individual has signed the appropriate release and after the evaluation is
completed, the EAP will contact the MRO to discuss the recommended treatment plan.
The EAP will send weekly progress reports to the MRO.
4. If the EAP counselor feels the individual is ready to return to work, the counselor will
call the MRO. The EAP will determine a drug testing regiment, the first test of such
regiment being used as one factor in the return to work criteria. Continued work
eligibility will be contingent upon subsequent "negative" tests and 100% attendance at all
treatment sessions. Failure to successfully participate in the prescribed program will
result in the individual's work status as "ineligible" and both the Local Union and the
employing contractor will be notified.
5. The MRO will be brought back into the process with the occurrence of a subsequent
`positive" or if the EAP determines that the individual has not continued to follow
through with recommendations, in which case the EAP will have the discretionary ability
to call the MRO to discuss the possibility of reversing the individual's Northern Indiana
NECA/LU 153 eligibility status to "ineligible" and notification of both the Local Union
and the employing contractor. The EAP can contact the MRO regarding possible
reversals of work status (based on lack of follow through with EAP recommendations)
for up to one (1) year from the individual's admission date. The EAP's recommendation
for an "after care" program will also be a requirement to maintain "eligible" status.
Failure to do so will result in the revocation of the individual's work status to "ineligible"
and the notification of the Local Union and the employing contractor.
6. If the opinion of the EAP is the individual is not eligible to return to work: the EAP will
contact the MRO and then the MRO will contact the Local Union to inform them as to
the work status of the individual. The Local Union will then notify the employing
contractor as applicable.
P.S.: Remember it is your responsibility to keep Northern Indiana NECA/LU 153
informed of any change in your address or telephone number.
PPS: Also remember Northern Indiana NECA/LU 153 offers a fully independent,
professional Employee Assistance Program (EAP) (New Avenues) for you and
your family. The EAP's toll -free, 24 hour, 7 day a week hotline number is 800-
731-6501.
Page 20 of 31
SCREENSAFE,
to ScreenSafe,Inc.
2364 Essington Rd. Suite 128, Joliet, IL 60435
P: 877-727-3369 F: 815-676-2210
www.ScreenSafeinc.com
Dear:
Authorization for a UrineUrine Dn billed
Form Fox Users Quest Bar Code 80303765
Date & Time of Delivery to Participant
Northern Indiana NECA & IBEW Local Union 153 have adopted a Substance Abuse Policy. According to that policy,
all participants shall report to the nearest test facility listed below as soon as possible after notification by your
employer through the presentation of this letter. Please arrive with a full bladder and try not to drink excessive
amounts of fluids just prior to your arrival. You may also be required to take a breath alcohol tests. According to
the Substance Abuse Policy you will receive a $35.00 participation stipend for submitting to the testing.
Northern Indiana NECA/Local Union 153 information:
It is your responsibility to notify Northern Indiana NECA/Local Union 153 of any address and/or phone
number changes.
• Northern Indiana NECA/Local Union 153 offers a fully independent, professional Employee Assistance
Program (EAP) for you and your family.
The EAP's toll -free, 24 hour 7 day a week hotline is 800-731-6501.
You will need to present this letter and a valid picture ID at the collection facility.
Collector: If using Form Fox please use Quest Bar Code Account number 80303765 to generate
CCF. PLEASE PROVIDE RECEIPT for proof of testing.
Quest Diagnostics — South Bend (Preferred)
16598 State Road 23, South Bend, IN 46635
Monday, Thursday, Friday - 7:30 am to 12:30 pm and 1:00 pm to 3:00 pm
Tuesday and Wednesday - 7:30 am —1:00 pm
574-273-3323
Professional Diagnostics & Safety — Nappanee (Preferred)
717 S. Oakland Avenue, Nappanee, IN 46550
Monday - Friday 7:00 am to 4:00 pm
574-773-1000
Michiana Drug Testing Center — Cassopolis (Preferred)
114 Spencer Road, Cassopolis, MI 49031
Monday, Thursday, Friday 10:00 am — 2:00 pm
Tuesday and Wednesday 10:00 am — 6:00 pm
Lifeplex Urgent Care — Plymouth
2855 Miller Drive, Plymouth, IN 46563
Monday — Friday 9:00 am — 7:00 pm
574-941-1000
Any Lab Test Now — Mishawaka (Preferred)
313 W. University Drive, Mishawaka, IN 46545
Monday - Friday 8:00 am-6:00 pm
574-287-5041
Windsor Work Care— Elkhart (Preferred)
3100 Windsor Court, Elkhart, IN 46514
Monday— Friday 7:00 am — 5:00 pm
574-266-6555
Physicians Urgent Care — Warsaw
2680 Escalade Way, Warsaw, IN 46582
Monday — Friday 8:00 am — 8:00 pm
574-306-4128
Lakeland Center for Outpatient Services — St. Joseph
3900 Hollywood Road, St. Joseph, Michigan
Monday— Friday 6:00 am — 7:00 pm
269-556-2837
I consent and authorize for the
following:
To provide a urine drug screen test
and/or breath alcohol as per The
NECA/Local Union 153 Substance
Abuse Policy.
When at the collection facility if you have any issues please contact ScreenSafe
or have the collection facility contact ScreenSafe at 877-727-3369.
DO NOT LEAVE THE COLLECTION FACILITY
Date of Birth
For the Medical Review Officer, to
release the results only to ScreenSafe
and/or the EAP.
For the EAP to release records for the
initial visit for Substance Abuse
Treatment to ScreenSafe.
Signature
_._ DIANA PfECA/LU 153 INFORMiED AF AN CHANCE NN YOUR ADDRES'S
PLEASE REMEMBER IT iS YOUR. RESPO IBILITY TO d4EEP NORTHERN 114ti,.W.,-m,,,,�, _- _ _,
OR PHONE NUMBER
REMEMBER NORTHERN INDIANA NECA LU 153 OFFERS A FULLY INDEPENDENT PROFESSIONAL EAP NEUVAtiiENUE FOR YC9I AND YOUR
FAMILY.
CONTACT THE EAP TOLL -FREE;,, q R9OURS,'7 DAYS „WEEK AT THEIR HOTLINE NUMBER 800 731-6501.,
The following is a copy of the reminder letter that will be sent to members who for whatever
reason have come in to be tested.
to ScreenSafe, Inc.
2364 Essington Rd. Suite 128, Joliet, IL 60435
Number/Bar Code 8030376S
P: 877-727-3369 F: 815-676-2210
Screen
www.ScreenSafeinc.com
Dear.,
Authorization for a Urine Drug Screen billed
Form Fox Users Quest Account
Test Code 65105N Non -DOT Random Drug
Your name has been randomly selected for required testing for the NECA & IBEW 153 Substance Abuse Program.
According to the Substance Abuse Policy, all participants shall report to one of the testing facilities listed below
only during the hours of operation. Please arrive with a full bladder and try not to drink excessive amounts of
fluids just prior to your arrival. You may also be required to take a breath alcohol tests. If you fail to report to one
of the testing facilities within ten (10) days from the date of this notification letter, you will be placed into the
ineligible pool. According to the Substance Abuse Policy you will receive a $35.00 participation stipend for
submitting to the testing.
Northern Indiana NECA/Local Union 153 information:
It is your responsibility to notify Northern Indiana NECA/Local Union 153 of any address and/or phone
number changes.
• Northern Indiana NECA/Local Union 153 offers a fully independent, professional Employee Assistance
Program (EAP) for you and your family.
Page 22 of 3'
The EAP's toll -free, 24 hour 7 day a week hotline is 800-731-6501.
You will need to present this letter and a valid picture ID at the collection facility.
Collector: If using Form Fox please use Quest Bar Code Account number 80303765 to generate
CCF. PLEASE PROVIDE RECEIPT for proof of testing.
Quest Diagnostics — South Bend (Preferred)
Any Lab Test Now — Mishawaka (Preferred)
16598 State Road 23, South Bend, IN 46635
313 W. University Dr, Mishawaka, IN 46545
Monday, Thursday, Friday - 7:30 am to 12:30 pm and 1:00 pm to 3:00 pm
Monday - Friday 8:00 am-6:00 pm
Tuesday and Wednesday - 7:30 am —1:00 pm
574-287-5041
574-273-3323
Professional Diagnostics & Safety — Nappanee (Preferred)
Windsor Work Care — Elkhart Preferred)
717 S. Oakland Avenue, Nappanee, IN 46550
3100 Windsor Court, Elkhart, IN 46514
Monday - Friday 7:00 am to 4:00 pm
Monday — Friday 7:00 am — 5:00 pm
574-773-1000
574-266-6555
Michiana Drug Testing Center — Cassopolis (Preferred)
Physicians Urgent Care — Warsaw
114 Spencer Road, Cassopolis, MI 49031
2680 Escalade Way, Warsaw, IN 46582
Monday, Thursday, Friday 10:00 am — 2:00 pm
Monday — Friday 8:00 am — 8:00 pm
Tuesday and Wednesday 10:00 am — 6:00 pm
574-306-4128
Lifeplex Urgent Care — Plymouth
2855 Miller Drive, Plymouth, IN 46563
Monday— Friday 9:00 am —7:00 pm
574-941-1000
Lakeland Center for Outpatient Services —
St. Joseph
3900 Hollywood Road
St. Joseph, Michigan
Monday — Friday 6:00 am — 7:00 pm
269-556-2837
I consent and authorize for the
following:
To provide a urine drug screen test
and/or breath alcohol as per The
NECA/Local Union 153 Substance
Abuse Policy.
When at the collection facility if you have any issues please contact ScreenSafe
or have the collection facility contact ScreenSafe at 877-727-3369. For the Medical Review Officer, to
release the results only to ScreenSafe
and/or the EAP.
DO NOT LEAVE THE COLLECTION FACILITY
For the EAP to release records for the
initial visit for Substance Abuse
Treatment to ScreenSafe.
Signature
Date of Birth
PLEASE REMEMBER IT IS YOUR RESPONSIBILITY TO KEEP NORTHERN IN'DIANA N6CA LI 1 153 INFORMED OF AN CHANGE IN YOUR ADDRESS
OR PHONE NUMBER
REMEMBER NORTHERN INDIANA NECAAU 153 OFFERS A FULLY INDEPENDENT PRC�FESSIONA,L EAP NEUhA AttENUE FI R,Y' U ANO YOUNt,
FAMILY.
CONTACT THE EAP TOLL -FREE 24 HC3 AX!Ww±EEN ATTMEIR Ht7��I E +NUMBER 90-731-6501,
PPS: Also remember Northern Indiana NECA/LU 153 offers a fully independent,
professional Employee Assistance Program (EAP) (New Avenues) for you and
your family. The EAP's toll -free, 24 hour, 7 day a week hotline number is 800-
731-6501.
Elie 24 of 31
The following information is only for situations where the employers
and employees are working at work sites that are governed by the
regulations as detailed by the US Department of Transportation.
United Sates Department of Transportation (DOT) Guidelines
Recognizing that certain contractor participants in Northern Indiana NECA/LU 153 program
may be subject to alcohol and drug testing guidelines of the United States Department of
Transportation (DOT), and for those contractors only, Northern Indiana NECA/LU 153 hereby
adopts the following guidelines:
I. Scope
(A) Operators of pipeline facilities subject to part 192, 193, or 195 of 49 C.F.R.
Chapter 1 shall be required to test employees for the presence of prohibited drugs
and to provide an employee assistance program. However, these guidelines do
not apply to operators of `master meter systems' as defined in Section 191.3 of 49
C.F.R. Chapter 1 or to liquefied petroleum gas (LPG) operators.
An employee means a person who performs on a pipeline or LNG facility in an operating,
maintenance or emergency — response function regulated by part 192, 193, or 105 or
Chapter 1 of 49 C.F.R. An "employee" does not include clerical, truck driving,
accounting, or other functions not subject to part 192, 193, or 195. The person may be
employed by the operator, be a contractor engaged by the operator, or be employed by
such a contractor. Research and Special Programs Administration DOT, 49 C.F.R.
Sections 199.1 and 199.3.
(B) Transportation employers, including self-employed individuals, required to
conduct drug and/or alcohol testing programs by DOT agency regulations and to
such transportation employers, officers, employees, agents and contractors
(including, but not limited to, consortia). Employers are responsible for the
compliance of their officers, employees, agents, consortia and/or contractors with
the requirements of 49 C.F.R. Part 40. Procedures for- `I'rait)ortatlon Workplace
Drug Tes��s 49 C.F.R. Section 40.1.
(C) Employees and prospective employees of Northern Indiana NECA/LU 153
affiliated contractors which are not subject to either or both 49 C.F.R. Parts 40
and 199 and employees and prospective employees of Northern Indiana
NECA/LU 153 affiliated contractors who are subject to either or both 49 C.F.R.
Parts 40 and 100 but who are not performing worked covered by either or both of
these two parts are not subject to either or both 49 C.F.R. Parts 40 and 199 but
who are not performing work covered by either or both of these two Parts are not
subject to these Guidelines.
II. The Program
(A) For all work and participants who are subject to these guidelines, Northern
Indiana NECA/LU 153 hereby adopts, and incorporates herein, the Anti -Drug
Plan and the Pipeline (RSPA) Alcohol Misuse Prevention Plan (AMPP) as
provided by Admed Ltd. So long as each plan remains in compliance with, and
does not exceed or fall short of, the requirements set forth in 49 C.F.R. Parts 40
and 199. In the event that one of the plans does not satisfy this requirement while
the other does, Northern Indiana NECA/LU 153 will continue to adopt and
incorporate the latter plan, only.
(B) In compliance with 49 C.F.R. Section 199.11, each affiliated contractor/operator
(a person who owns or operates pipeline facilities subject to part 192, 193, or 195
of Chapter 1 of 49 C.F.R.) shall conduct the following drug tests for the presence
of a prohibited drug:
(1) Pre -employment testing;
(2) Post -accident testing;
(3) Random Testing: Each operator shall administer, every 12 months, a
number of random drug tests at a rate equal to 50 percent of its employees.:
Each operator shall select employees for testing by using a random
number generator that is matched with an employee's social security
number, or other appropriate identification number;
(4) Testing based on reasonable cause; and,
(5) Return to duty testing.
(6) Retesting of covered employees with an alcohol concentration of 0.02 or
greater but less than 0.04.
(C) Each Northern Indiana NECA/LU 153 affiliated contractor subject to 49 C.F.R.
Part 40 and/or 199 shall be solely responsible for the following matters in the
administration of the plans identified in paragraph A of Section II;
(1) selection of its own Drug Program Manager (DPM) who shall perform all
of the duties of the DPM, except for administering and maintaining the
actual drug test and its results, which shall be maintained by Northern
Indiana NECA/LU 153 and/or its independent contractors;
(2) selection and/or determination of all work, job classifications and
employees who are subject to the requirements of 49 C.F.R. Parts 40 and
199.
(3) make all determinations as to post -accident testing (i.e., whether testing is
required, who should be tested, etc.), be solely responsible for transporting
the employee to and from the testing site, be solely responsible for any
compensation due the employee, and be solely responsible for all record
keeping concerning said testing.
(4) make the selection by a random process of who should be tested for
random testing in accord with paragraph (B) (3) in Section II.
(5) make all determinations as to reasonable cause testing (e.g., whether
testing is required, who should be tested, etc.), be solely responsible for all
record keeping concerning said testing.
(D) While the words "solely responsible" are used in the above paragraph and sub-
paragraphs, these words are intended to make it clear that it is Northern Indiana
NECA/LU 153 affiliated contractor and not Northern Indiana NECA/LU 153 which
is ultimately responsible for compliance with 40 C.F.R. Parts 40 and 199. However, it
shall still be the intent and practice, and each Northern Indiana NECA/LU 153
Page 28 of 31
affiliated contractor subject to 49 C.F.R. Parts 40 and 199 specifically acknowledge
the fact, that those Northern Indiana NECA/LU 153 individual participants who have
a union/Northern Indiana NECA affiliated contractor contractual grievance and
arbitration procedure available to them may utilize such procedure if the participant
disagrees with any application of these guidelines to the participant with respect to
that Northern Indiana NECA/LU 153 affiliated contractor. However, it is further
recognized that these guidelines will be recognized and must be followed by any
Arbitrator who may hear such a grievance.
Page 29 of 31
Testing Facilities
Quest Diagnostics — South Bend (Preferred)
16598 State Road 23, South Bend, IN 46635
Monday, Thursday, Friday - 7:30 am to 12:30 pm and 1:00 pm to 3:00 pm
Tuesday and Wednesday - 7:30 am —1:00 pm
574-273-3323
Professional Diagnostics & Safety — Nappanee (Preferred)
717 S. Oakland Avenue, Nappanee, IN 46550
Monday - Friday 7:00 am to 4:00 pm
574-773-1000
Michiana Drug Testing Center — Cassopolis (Preferred)
114 Spencer Road, Cassopolis, MI 49031
Monday, Thursday, Friday 10:00 am — 2:00 pm
Tuesday and Wednesday 10:00 am — 6:00 pm
Windsor Work Care — Elkhart (Preferred)
3100 Windsor Court, Elkhart, IN 46514
Monday — Friday 7:00 am — 5:00 pm
574-266-6555
Any Lab Test Now — Mishawaka (Preferred)
313 W. University Drive, Mishawaka, IN 46545
Monday - Friday 8:00 am-6:00 pm
574-287-5041
Physicians Urgent Care — Warsaw
2680 Escalade Way, Warsaw, IN 46582
Monday — Friday 8:00 am — 8:00 pm
574-306-4128
Lifeplex Urgent Care — Plymouth
2855 Miller Drive, Plymouth, IN 46563
Monday — Friday 9:00 am — 7:00 pm
574-941-1000
Lakeland Center for Outpatient Services — St. Joseph
3900 Hollywood Road, St. Joseph, Michigan
Monday — Friday 6:00 am — 7:00 pm
269-556-2837
Page 30 of 31
New Avenues
PO Box 360
South Bend, Indiana 46624
574-232-2131
800-731-6501
EAP Facility
Page 31 of 31