HomeMy WebLinkAboutOpening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 2CITY OF SOUTH BEND, INDIANA
CONTRACTOR'S BID FOR PUBLIC WORK
RESPONSIBLE BIDDER CHECKLIST
Project Name Century Center Parking Lot Entry Gateway Improvements
Project No. 118-035A
For Bids Due September 24, 2019
Contractor Name: Larson Danielson Construction Company, Inc .
..............................
The City seeks to enhance its ability to identify responsive and responsible bidders on all City public works
projects by institution of comprehensive submission requirements in compliance with State law. Quality
workmanship, efficient operation, safety, and timely completion of projects requires that all bidders meet
certain minimum requirements to be responsive and responsible bidders.
THIS FORM MUST BE SUBMITTED WITH YOUR BID.
INSTRUCTIONS:
If you are a pre -qualified bidder, complete Section I only.
If you are not a pre -qualified bidder, complete Section II only.
Section II acts as an application for pre -qualification. Submission of Section II will allow the bidder to be
considered for pre -qualification for bids with the City of South Bend Department of Public Works. Pre -
qualified bidders will then be exempt from a portion of the submission requirements outlined in Section 6-
63 of The Responsible Bidding Ordinance No. 10594-18 (hereinafter, "Responsible Bidding Ordinance")
for a period of twelve (12) months.
Thereafter, contractors who are pre -qualified must submit a complete application for continuation of "pre -
qualified" standing, on a form provided by the City ("Responsible Bidder Checklist (1) Pre -Qualified
Bidders") by December 31 st for the upcoming calendar year, or within twelve (12) months of obtaining pre -
qualified standing. If the status of any item changes within the twelve (12) months, it is the responsibility of
the contractor to notify the City. Failure by any pre -qualified contractor to submit its complete application
for continuation of "pre -qualified" standing within the time prescribed above shall result in automatic removal
of the designation, effective January 1 of the following year, or immediately following the twelve (12) months
of pre -qualified standing.
However, the "removed" contractor or subcontractor shall still be permitted to bid on City public works
projects, though the contractor must submit all required documents under 6-63 until "pre -qualified" status
is re-established.
Please Note: The City reserves the right to request supplemental information from the bidder,
additional verification of any information provided by the bidder, and may also conduct random
inquiries of the bidder's current and previous customers regardless of pre -qualified standing.
It is the sole responsibility of the potential bidder to comply with all submission requirements applicable to
the bidder in Section 6-63 of the Responsible Bidding Ordinance no later than the date of the public bid
opening.
Version 5/16/2019 General Conditions - 6
POST BID SUBMISSIONS:
Post -bid submissions must be submitted in accordance with Section 6-64 of the Responsible Bidding
Ordinance. The post -bid submission requirements are as follows:
1. All bidders shall collect, maintain, and provide upon request, a current written list that discloses the
name, address, licensing status, and type of work for any subcontractor from whom the bidder has
accepted a bid and/or intends to hire on any part of the public work project, including individuals
performing work as independent contractors.
2. Each subcontractor, whose portion of the project is estimated to be at least one -hundred fifty
thousand dollars ($150,000.00), shall be required to adhere to the requirements of Section I of the
Responsible Bidder Ordinance as though it were bidding directly to the City, except that the
subcontractor shall submit the required information (including the name, address, and type of work)
to the successful bidder prior to the commencement of work.
3. Failure of a subcontractor to submit the required information shall not disqualify the successful
bidder from performing work on the project and shall not constitute a contractual default and/or
breach by the successful bidder. However, the City may withhold all payment otherwise due for
work performed by a subcontractor, until the subcontractor submits the required information and
the City approves such information.
4. The disclosure of a subcontractor list ("Disclosed Subcontractor(s)") to the City by a bidder shall
not create any rights in the Disclosed Subcontractor(s). Thus, a bidder may substitute another
subcontractor for a Disclosed Subcontractor by giving the City, upon request, written notice of the
name, address, licensing status, and type of work of the substitute subcontractor.
5. The successful bidder and all subcontractors on a public works project are required to submit
certified payroll utilizing the federal form known as WH-347 or a similar form on a bi-weekly basis,
submitted within 10 days after the end of each bi-weekly payroll period. Certified payrolls shall
identify the job title and craft for each employee. Certified payrolls shall be submitted
electronically.
Please Note: Submissions deemed inadequate, incomplete, or untimely by the City may result in
the automatic disqualification of the bid.
The City, after review of complete and timely submissions, shall, in its sole discretion, after taking into
account all information in the submission requirements, determine whether a bidder is responsive and
responsible, and provide a Pre -Qualification Verification Letter. The City specifically reserves the right to
utilize all information provided in the contractor's submission and any information obtained by the City
through its own independent verification of the information provided by the contractor.
Version 5/16/2019 General Conditions - 7
I. PRE -QUALIFIED BIDDER CHECKLIST
(a) Acknowledgements:
(i) _ By checking this box, I hereby acknowledge that I am a pre -qualified bidder with
the City of South Bend and that I have met the pre -qualification requirements within
the last twelve (12) months. A copy of my Pre -Qualification verification letter
is attached.
(ii) _ By checking this box, I hereby acknowledge that the City reserves the right to
request supplemental information, additional verification of any information
provided by me, and may also conduct random inquiries of my current and prior
customers.
(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).
Statement on staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work. It
outlines how I intend to meet the staffing needs of the work.
List of projects of similar size and scope of work performed in all areas, including
the State of Indiana, within the last three (3) years.
(iv) 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.
Version 5/16/2019 General Conditions - 8
PRE -QUALIFICATION CHECKLIST (FOR BIDDERS THAT ARE NOT PRE -QUALIFIED)
(a) Acknowledgements:
(i) X By checking this box, I hereby acknowledge that I am not a pre -qualified bidder
with the City of South Bend.
(ii) X 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
information provided to the City shall be regarded as public records.
(iii) _)L 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
upon request.
(iv) X 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) X
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) X
List identifying all former business names.
(iii) _
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) X
Statement about staffing capabilities, including labor sources. This statement
indicates and ensures I have sufficient employees on staff to complete the work I
X
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) X
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) X
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
X
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.
Version 5/16/2019 General Conditions - 9
(ix) X 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) _ X 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.
Date: 9 / 2 4 / 19
X
(Sign Here)
Timothy F. Larson, President
(Print Name Here)
Larson Danielson Construction Company,
(Name of Company)
302 Tyler Street
(Address of Company)
LaPorte
(City)
IN 460
(State)
219-362-2127
(Telephone Number)
how '
LARSON DANIELSON
"a )CONSTRUCTION CO., INC.
MOO
M
alla„
Inc..
Version 5/16/2019 General Conditions - 10
LARSON-DANIELSON CONSTRUCTION
Business Name: COMPANY INC
Entity Type: Domestic For -Profit Corporation
Creation Date: 01/07/1937
Principal Office Address: 302 TYLER STREET, LAPORTE, IN,
46350, USA
Jurisdiction of Formation: Indiana
BUSINESS INFORMATION
CONNIE LAWSON
INDIANA SECRETARY OF STATE
09/16/2019 03:42 PM
Business ID: 193082-053
Business Status: Active
Inactive Date:
Expiration Date: Perpetual
Business Entity Report Due 01/31/2021
Date:
Years Due:
Title
Name
Address
President
Timothy F Larson
1102 S. Fieldstone, LAPORTE, IN, 46350, USA
Secretary
Terry A Larson
220 Glencoe Dr, VALPARAISO, IN, 46383, USA
Vice President
Thomas A. Walter
302 Tyler Street, LaPorte, IN, 46350, USA
Vice President
Mark A. Danielson
302 Tyler Street, LaPorte, IN, 46350, USA
IN
Type: Individual
IBM
Name: Timothy F. Larson
Address: 302 Tyler St., La Porte, IN, 46350, USA
LARSON
DANIELSON 302Tyler Street • LaPorte, Indiana 46350
Construction Company, Inc. (219) 362-2127 • FAX (219) 362-2848
4UAUTY CONSTRUCTION SINCE 1908
0 • *
Responsible Bidding Practices
B. A list identifying all former business names
Not applic =anielsonstruction Company, Inc. is our registered business name.
Patti O'Brien
Chief Financial Officer
9 2a 19 LARSON DANIELSON
CONSTRUCTION CO., INC,
4
www.ldconstruction.com Equal Opportunity Employer
LARSON
NN 302 Tyler Street - LaPorte, Indiana 46350
nstrd" "=(lon Company, Inc (219) 362-2127 • Fax (219) 362-2848
QUALM CONSTRUCTION SINCE 190
September 17, 2019
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
RE: Bid Submission Requirements / Responsible Bidding Ordinance
Dear Sir or Madam,
In response to the requirements of The City of South Bend "Responsible Bidding
Policy", we offer the following:
Larson -Danielson Construction has not been found in violation of any federal, state or
local laws with regards to any contracting or antitrust laws, tax or licensing laws,
environmental laws or federal Davis -Bacon and related acts.
Larson -Danielson has been cited with violations of OSHA Safety Standards in 2014 and
2015. These violations were not the result of any injury or death to employees or other
persons. Larson -Danielson has taken steps to assure that the violations of the OSHA
standards that we were cited for do not happen in the future through modification of
company procedures and additional training.
Sincerely,
ea'�Mw�p Fro du
LARSON DAtiNIELSON
CONSTRUCTION CO., !
Terry A. 1,ar
Secretary/Treasurer
www.ldconstruction.com Equal Opportunity Employer
MULARSON
DANIELSON
Constnictzon Company, Inc.
4UAUW COMMUCnoN SINCE IWO
1:110117111=
RE: Responsible Bddin Practices Submittal
All Larson Danielson labor is provided through local trade unions.
302Tyler Street • LaPorte, Indiana 46350
(219) 362-2127 • FAX (219) 362-2848
Individuals that will preform work on the public work project on behalf of Larson Danielson Construction
Company, Inc. will be properly classified as either (1) an employee or (2) an independent contractor,
under all applicable state and federal laws and local ordinances.
Timothy F. Larson
President
�LARSON DANIELSON
CONSTRUCTION CO., INC.
+ax'
www.ldconstruction.com Equal Opportunity Employer
AMENDMENT TO
COLLECTIVE BARGAINING AGREEMENT
The current collective bargaining agreement between the NWI Contractors Association, Inc. (hereinafter
"NWICAP") and the Indiana/Kentucky/Ohio Regional Council of the United Brotherhood of Carpenters
and Joiners of America, hereinafter IKORCC for Commercial and Building General Agreement for Lake,
Porter, LaPorte, Starke, Pulaski, Newton, and Jasper Counties of Indiana for the period June 1, 2015 to
May 31, 2018 (hereinafter "Agreement") is hereby amended as follows:
I. The language of Article III WAGES, FRINGES AND INDUSTRY FUND, Section 1. WAGES,
SAVINGS FUND, DUES AND ASSESSMENT CHECK OFF, subsection (g) is hereby amended in part to
read: change "6/l/15 through 5/31/18" to read "6/1/15 through 5/31/20", and change the increases for the
periods of time from 6/1/16 and beyond to read as follows:
$ 0.00 increase to be effective
6/1/16
$ 0.50 increase to be effective
6/1/17
$ 0.50 increase to be effective
6/1/18
$ 0.75 increase to be effective
6/1/19
2. The amounts for wages, deductions, fringe benefit contributions, and industry fund contributions
in effect on January 1, 2016 shall remain in effect for subsequent time periods, except as modified by this
Amendment, or any subsequent amendments entered into by the parties.
3. The language of Article III WAGES, FRINGES AND INDUSTRY FUND, Section 3, FRINGE
CONTRIBUTIONS AND DEDUCTIONS BY EMPLOYER, subsection (i) is hereby amended in part to
read: BCRC - $0.10 per hour contribution.
4. The language of Article IV, HOURS OF WORK, OVERTIME, SHIFT WORK AND
PAYMENT OF WAGES, Section 3, HOURS OF WORK, hereby amended in part to read: On a regular
work day, the hours of work will commence between the hours of 7:00 A.M. and 8:00 A.M. and continue
for eight and one half (8'/z)hours with one fifteen (15) minute paid coffee break between the second and
third hour, and one half (1/2) hour unpaid from 12:00 noon to 12:30 P.M. for lunch. Start time shall be
established prior to "the start of the project, and once established, can only be changed by mutual consent of
the EMPLOYER and the UNION.
5. The language of Article IV, HOURS OF WORK, OVERTIME, SHIFT WORK AND
PAYMENT OF WAGES, Section 4, ADJUSTED WORK DAY, hereby amended in part to read: The
regular workday as described above may be adjusted for cause. There shall be one fifteen (15) minute paid
coffee break between the second and third hour, and one half (1/2) hour unpaid for lunch four (4) hours
after the start of the adjusted workday. The EMPLOYER must receive the approval of the proper Business
Representative of the Regional Council prior to effecting the adjusted workday schedule.
6. The language of Article IV, HOURS OF WORK, OVERTIME, SHIFT WORK AND
PAYMENT OF WAGES, Section 11, SHIFT, SPECIAL WORK HOURS, WORK RULES, subsection (a),
(b), (c), (d), (e), (f), hereby amended to read:
(a) There shall be no shift work/special work hours, without the consent of the UNION. Each shift
shall work for a period of not less than five (5) consecutive regular working days or five (5) consecutive
calendar days. No Employee shall work more than (1) shift.
(b) The EMPLOYER shall apply to the UNION for shift work/special work hours.
(c) When the shift/special work hours, start at any time other than between 7:00 A.M. and 8:00
A.M., the employee shall receive a 10% shift rate premium.
Pagel of 2
(d) If the shift work overtime is agreed to by the UNION, each Employee shall receive premium
rate his regular shift rate for all work performed before or after his regular eight (8) hour shift; work
performed between midnight FRIDAY and midnight SUNDAY and work performed on the HOLIDAYS
recognized in this AGREEMENT or on the days celebrated or observed as such shall be paid either time
and a half or double time as per Agreement.
(e) There shall be one fifteen (15) minute paid coffee break between the second and third hours and
the shift work lunch period shall be thirty (30) minutes immediately following the first four regular shift
hours.
(f) Each Employee working more than ten (10) hours shall be allowed reasonable time to have the
second lunch without any loss of pay between the ninth (9"') and the tenth (10') hour.
7. The language of Article VII, APPRENTICES, Section 2, WAGES, hereby amended in part to
read: The wages of an Apprentice or Probation Apprentice shall be based upon the following percentage of
the Journeyman's scale as determined by the Joint Apprentice Committee. All reduced fringe benefits will
apply to all apprentices that begin the program after June 1, 2012.
Probation Apprentice 45% of the Journeyman rate, 45% of Annuity, 50% of Pension
All other apprenticeship benefit contributions remain the same as journeyman as per Article 3, Section 3.
15t year 55% of the Journeyman rate, 55% of Annuity, 50% of Pension
All other apprenticeship benefit contributions remain the same as journeyman as per Article 3, Section 3.
2nd year 65% of the Journeyman rate, 65% of Annuity, 50% of Pension
All other apprenticeship benefit contributions remain the same as journeyman as per Article 3, Section 3.
3rd year 75% of the Journeyman rate, 75% of Annuity, 50% of the Pension
All other apprenticeship benefit contributions remain the same as journeyman as per Article 3, Section 3.
4th year 85% of the Journey man rate, 85% of Annuity, 50% of Pension
All other apprenticeship benefit contributions remain the same as journeyman as per Article 3, Section 3.
8. The first sentence of Article XV, Section 1. TERMS, is hereby amended to read as follows:
"This AGREEMENT shall become effective June 1, 2015 and remain in effect to and including May 31,
2020."
9. The language of Article XV, Section 2. NOTICE TO AMEND OR TERMINATE, is hereby
amended by changing the language "May 31, 2018" to "May 31, 2020."
f
10. This Amendment is entered into by the mutual consent of the parties pursuant to the provisions
of Article XV, Section 3 of the Agreement.
Except as expressly modified by this Amendment to Collective Bargaining Agreement, all other provisions
of the Agreement shall remain in full force and effect.
This amendment shall be effective as of June 1, 2015.
ENTERED INTO this day of , 2017.
NWI CONTRACTORS ASSOCIATION, INDIANA/KENTUCKY/OHIO REGIONAL
INC. ("NWICAI") COUNCIL OF THE UNITED BROTHERHOOD
OF CARPENTERS AND JOINERS OF
AMERICA
BY: BY;
Tim Larson, President
Page 2 of 2
INDIAN A,IKE NTUCKY/OHIO REGIONAL. COUNCIL
UNITED F CARPENTERS
AND INERT OF AMERICA
Em
NORTHWEST INDIANA CONTRACTORSASSOCIATION
OF INDIANA, I
COMMERCIAL AND BUILDINGENE
IF.
LAKE, PO'RTER, LAPORTE, STARKE, PULASKI,
COUNTIESNEWTON AND JASPER
June 1, 2015 TO MAY 31, 2017
INDEX
Article
Page
I RECOGNITION
Section 1.
Bargaining Unit
5
Section 2.
Recognition
5
Section 3,
Equal Representation
5
Section 4.
Performance of Work
6
11 UNION DUES AND ASSESSMENTS CHECK OFF
Section 1,
Union Working Dues and Assessments Check -Off
6
Section 2.
Revocation of Check -Off
7
Section 3.
Indemnity
7
Section 4.
Federal Law
6
III WAGES, FRINGES & INDUSTRY FUND
Section 1,
Wages, Savings Fund and Dues Assessment
7
Section 2.
Millman's Rate
a
Section 3.
Fringe Contributions and Deductions by Employer
8
Section 4.
Industry Fund
9
Section 5.
BCRC Contract Language
10
Section 6.
Payment of Funds
10
Section 7.
Cash or Bond Deposit by Employer
10
Section 8.
Payroll Audits
11
Section 9.
Delinquencies in Payments
12
Section 10.
National Health Insurance/UniversalCoverage
14
Section 11.
Family and Medical Leave Act
13
Section 12.
Commercial Market Recovery Agreement
14
Section 13.
Promotion of the Association
14
IV HOURS OF WORK, OVERTIME, SHIFT 1111ORK AND PAYMENT
OF WAGES'
Section 1.
Regular Work Day
15
Section 2.
Work Week
15
Section 3.
Hours of Work
15
Section 4.
Adjusted Work Day
15
Section 5.
Overtime Payment
15
Section 6.
No Work on Labor Day
15
Section 7.
Payment of Wages
15
Section 8.
Report for Work Pay
16
Section 9.
Lay Off or Discharge
16
Section 10.
Working Time
16
INDEX
Article
Page
Section 11.
Shifts, Special Work Hours
16
Section 12.
Shift -Work Rates
17
V GENERAL WORKING CONDITION
Section 1.
Working Foreman
18
Section 2.
Piece Work
18
Section 3.
Work Limitation
18
Section 4.
Repairing Tools
18
Section 5.
No Furnishing of Certain Items
19
Section 6.
Employer Working
19
Section 7.
Work of a Particular Variety
19
Section 8.
Suitable Facilities
19
Section 9.
Deductions for Contributions
19
Section 10.
Lunch Periods
19
Section 11.
Insurance Coverage
19
Section 12.
Access to Premises
20
Section 13.
Stewards
20
Section 14.
Visiting Doctor Without Loss of Time
20
Section 15.
Tool Loss
20
Section 16.
Special Premium
20
Section 17.
Safety Enforcement
20
Section 18.
Unsafe Employees
21
Section 19.
Concrete Pouring
21
Section 20.
Transportation
21
VI PILE DRIVERS
Section 1.
Pile Driving Crew
21
Section 2.
Piling
21
Section 3.
One Rig at a time
21
VII APPRENTICES
Section 1.
Probation Period
22
Section 2.
Wages
22
Section 3.
Ratio
22
Section 4.
Rotation of Apprentice
22
91
INDEX
Article Page
Section 5. Joint Apprentice Training Comm 22
Vill NO DISCRIMINATION
Section 1. Membership in Union Not Compulsory 22
Section 1.
Responsibility for Hiring
23
Section 2.
No Obligation to Refer
23
Section 3.
Legal Authorization
23
Section 4.
Procedure
23
Section 5.
Severability and Invalidity
23
X SCOPE
Section T.
Territorial
23
Section 2.
Occupational
24
Section 3,
......
24
Section 4.
................
24
Section 5.
Jurisdiction of Work
25
X1 PROTECTION OF
PREVAILING WAGES,
CONDITIONS & OF UNIT WORK
Section 1.
Application
26
Section 2.
Scope of Foregoing
26
Section 3.
Subcontracting - Unit Work
26
Section 4.
The Union Shall be Notified
26
Section 5.
Construction Manager as Constructor
26
Section 6.
insistency it Federal Law & State Law
26
X11 ADJUSTMENTS OF DISPUTES
26
XIII ENTIRE AGREEMENT OF THE PARTIES
27
XIV INVALIDITY AND SEVERABILITY
28
XV DURATION, AMENDMENT AND TERMINATION
28
Section 1.
Terms
28
Section 2.
Notice to Amend or Terminate
28
Section 3®
Mutual Amendment at Any Time
28
Section 4.
Reopeners
28
XVI SCHEDULE A
29
11
CARPENTERS
COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT made and entered into this 1st day of June, 2015, by an
between the NORTHWEST INDIANA CONTRACTORS ASSOCIATION OF INDIAN
INC., hereinafter referred to as the "ASSOCIATIONSfirst party, and th
Indiana/Kentucky/Ohio Regional Council of the United Brotherhood of Carpenter
Joiners of America and Mlllwrights, Northwest Region, hereinafter referred to as th
"UNION", second party -
Reference herein to the ASSOCIATIONS shall be designated
"ASSOCIATIONS" and to any individual employer as "EMPLOYER". This Agreement
made by theASSOCIATIONS on behalf of the EMPLOYERS they represent.
The members of the ASSOCIATIONS and all other EMPLOYERS who becorn
signatory to this AGREEMENT:are engaged primarily in the Commercial and Buildin
Construction Industry, and as such, the members of the ASSOCIATIONS, EMPLOYER
and the UNION have a common interest in same. All the EMPLOYERS and the UNIO1
hereby pledge themselves to the highest degree of harmony and good faith in t
performance of the AGREEMENT. All the EMPLOYERS being in the Commercial a
Building Construction Industry, excellence and safety of endeavor are prime requisites
the continuation and success of the EMPLOYERS business.
LEA
RECOGNITION
Section 1. BARGAINING UNIT. The Bargaining Unit shall be comprised of
Employees engaged in the work described in Section 2 and 3 of Article X hereof. T
territory covered by this AGREEMENT is as described in Sections 1, 2 and 3 of
Article X. I
Section 2. RECOGNITION. The ASSOCIATIONS recognize the UNION as the
sole and exclusive Section 9(A) of the National Labor Relations Board Act Collective
Bargaining Representative for the Employees now or hereafter employed in th,t,
Bargaining Unit with respect to wages, hours of work and all other terms and conditions
of employment, including the administration and application of the AGREEMENT.
Section 3. EQUAL REPRESENTATION. The UNION realizes its duty under the
National Labor Relations Act, as amended and to the extent that it is the exclusive
5
representative, recognizes that it must represent all Employees in the Bargaining Unit
equally, without discrimination, irrespective of membership or non -membership in the
UNION.
Section 4. PERFORMANCE OF'WO RK BY EMPLOYEES IN THE BARGAINING
UNIT. The Employees in the Bargaining Unit and only such Employees shall per -form all
of the work covered by this AGREEMENT.
ARTICLE 11
UNION DUES AND ASSESSMENTS CHECK OFF
Section 1. UNION WORKING DUES AND ASSESSMENTS CHECK -OFF. The
parties recognize the existence of the Indiana Right -to -Work Act. The 'parties also
recognize that said Act does not supersede federal law with respect to bargaining unit
members signing or terminating voluntary check -off forms permitting their EMPLOYERS
to deduct or stop deducting the UNION's dues and assessments from their paychecks.
Thus, upon a specific request by an individual EMPLOYERfora copy of the signed check-
off form for one or more of its Employees, the UNION shall provide a copy of such check-
off form within three (3) working days of the written request for such form which shall be
emailed to the UNION.
If a signed check -off form is not provided for the requested bargaining unit member
within the specified time period, the EMPLOYER will not make the deduction from the
Employee's paycheck until such time that a signed check -off form is provided to the
EMPLOYER. If the EMPLOYER or the Employee has a question as to the legality or the
continuing effectiveness of a particular check -off form, the EMPLOYER or the Employee
will so notify the UNION'S designee by email, The UNION'S designee shall respond within
two (2) working days of its receipt of the email(s). If the UNION'S designee believes the
check -off form is invalid, then the UNION'S designee shall so notify the Employee and
the EMPLOYER which shall stop the check -off. If the UNION'S designee believes the
check -off is valid, the designee shall notify the Employee and the EMPLOYER of such
determination so that the deduction will be made. If the EMPLOYER or the Employee
does not agree with the UNION'S determination or if the question is not resolved within
the stated time period, the EMPLOYER shall continue to withhold the UNION dues for
said Employee, but said amounts shall be paid into an escrow account pending resolution
of said dispute. It shall be the UNION's responsibility to create and pay all costs and fees
for such a non -interest bearing escrow account. The escrow account shall be distributed
in accordance with the final determination reached by the UNION and the Employee, any
internal decision making process agreed to between the UNION and the Employee or in
accordance with the final determination of a Court or Agency having jurisdiction over the
matter. The EMPLOYER shall not be made a party to said proceeding.
Notwithstanding the foregoing, the EMPLOYER shall stop all such deductions for
union dues and assessments for any Employee upon the occurrence of any of the
following:
I
(a) The Indiana Department of Labor or a prosecuting attorney gives written notice
to the EMPLOYER that the EMPLOYER is violating the Indiana Right -to -Work
Law by continuing to withhold union dues and assessments from an Employee;
(b) The Indiana Department of Labor or a prosecuting attorney files a complaint
against the EMPLOYER that alleges that the EMPLOYER is violating the
Indiana Right -to -Work Law by continuing to withhold union dues and
assessments from an Employee; or
(c) The Employee files a complaint in a court of competent jurisdiction that alleges
that the EMPLOYER is violating the Indiana Right -to -Work Law by continuing
to withhold union dues and assessments from the Employee.
If the result of any of these proceedings is that the contested check -off form is found to
be legal once the final decision is reached and the time for any appeals has expired, then
the check -off shall be automatically resumed on the day after the decision or the
expiration of any appeal period. During the pendency of any such action the contested
deductions may be placed in the UNION's dedicated escrow account if the Employee,
EMPLOYER, and the involved agency are agreeable.
Section 2. Revocation of dues check -off shall be in accordance with Federal Law.
Section 3. INDEMNITY. The UNION shall defend, indemnify and save t
EMPLOYER harmless against any and all claims, demands, suits or otherforms of liabili
i
that may arise out of or by reason of action taken or not taken by the EMPLOYER for t
purpose of complying with the provisions of Section 3 relating to Dues and Assessmen
Section 4. FEDERAL LAW. The provisions of this Article shall be interpreted in
11
fashion consistent with federal and state law.
ARTICLE III
WAGES, FRINGES AND INDUSTRY FUND
Section 1. WAGES, SAVINGS FUND, DUES AND ASSESSMENT
CHECK OFF.
The minimum hourly rate of wages shall be as follows:
(a) Joumeyman/Carpenter - $37.42 per hour (6/1/15 thru 12-31-15).
(b) Working Foreman — 7% per hour above journeyman rate.
(c) Working General Foreman — 10% per hour above journeyman rate.
(d) At the direction of the UNION and with the signed authorization of the
Employee, the EMPLOYER shall deduct from the Employee's wages, an amount of $2.00
per hour for savings purposes and transmit same to a depository designated by the
UNION, with completed forms supplied by the UNION.
Payments for the amounts so deducted and the completed forms shall be
postmarked no later than the 20th of the month following the close of the preceding month.
(e) The current working assessment from gross wages as shall be certified by the
Indiana/Kentucky Regional Council of Carpenters from time to time,
(f) Shift Work Rates - Sect. 12, Page 19,
(g) Negotiated Wage Package
6/1/15 thru 5/31/17
$0.50 increase with $0.48 for H&W and $0.02forthe Indiana Building Marketing
program effective 6/1/15
$0.70 Increase for H&W effective 1/1/16
$0.75 increase effective 6/1/16
$0.70 increase effective 111 /17
8
(k) Annuity - $5.67 per hour contribution.
(1) UBCJA Nat. Health & Safety - $0.10 per hour contribution,
(m) IKORCC COPE $0.03 per hour to be deducted by the EMPLOYER (employee
option)
(n) Indiana/Kentucky/Ohio Regional Council of Carpenters Market Recovery
Fund $0.50 per hour to be deducted by EMPLOYERS
(o) Working assessment of $0.05 per hour to be deducted by the employer.
(p) Building Industry Marketing Program Trust Fund $0.02 per hour contribution.
(q) Carpenters Training Promotional LMCC $0.02 per hour contribution.
It is agreed that in the event the Trustees of the Funds outlined in this Section deem an
emergency exists and an increase is necessary in a particular fund to continue the same
benefits during the term of the Agreement, either party shall have the right upon thirty (30)
days written notice to re -negotiate the distribution of money Within the wage, fringe
benefits and deductions total package to accomplish this adjustment which shall occur on
the anniversary date of this Agreement.
Section 4. INDUSTRY FUND.
(a) The ASSOCIATIONS have established an Industry Advancement Foundation
to be known as the CONSTRUCTION ADVANCEMENT FOUNDATION, which
Foundation shall be used to establish and conduct educational programs for the general
public, employer members, and others with respect to new techniques, ideas and
methods which will improve the industry and increase the contribution that the industry
and its employees can make to the community and to carry out such other purposes as
may be set forth in the Agreement and Bylaws of the Foundation executed by said
ASSOCIATION and said Directors with the purpose and intent to promote, support and
improve the interest and common good of the UNION construction contracting industry
of the area.
(b) "The EMPLOYER shall pay to the Construction Advancement Foundation of
Northwest Indiana/Kentucky, twelve cents ($0.12) for each hour worked by all
EMPLOYEES of the EMPLOYER covered by this Agreement or any modification to it.
Modifications shall include Presidential Agreements, Project Agreements and the
National Maintenance Agreement. Such payments shall be made monthly in accordance
with Section 5, Article (a) Payment of funds on or before the 20th day of the succeeding
month."
(c) No part of the payment shall be used for the purposes other than provided in
said Agreement and Bylaws of Foundation, and no part of such payments, either directly
or indirectly shall be used for anti -union activities.
(d) Payments required to be made to said foundation shall be deemed to be
governed by the provisions of this AGREEMENT pertaining to the enforcement as to the
collection of other payments required to be made by the EMPLOYER.
Section 5. BCRC CONTRACT LANGUAGE
(a) Various Employer Associations and the Union are members of the Building and
Construction Resource Center, Inc. (hereinafter `BCRC"), an non-profit corporation that
was formed to provide services in the construction industry, including but not limited to,
9
education and referral services concerning alcohol, drug and other substance abuse,
which purposes are more fully defined in the Articles of Incorporation and By -Laws of said
BCRC.
(b) Each Employer under this Agreement shall pay to BCRC the amount as
specified in the wage and fringe benefits section of the Agreement per hour for each hour
worked by each of its employees covered by this Agreement. Each employer is obligated
to make such contributions, regardless of whether or not such Employer is a member of
BCRC.
(c) Payments required to be made to BCRC shall be deemed to be governed by
the provisions of this Agreement pertaining to the collection of the Welfare, and Pension
payments required to be made by the Employers and thus, may be enforced in the same
manner.
(d) The Board of Directors of BCRC will have full audit authority of the Employer's
books and records as they pertain to this contribution. Parties Signatory to this
Agreement will abide by the provisions of the BCRC substance abuse program.
Section C. PAYMENT OF FUNDS
(a) Payment for all Funds, Foundations, and Wage Deductions shall be on one
check payable to the order of the Indiana/Kentucky/Ohio Regional Council of Carpenters
Fringe Benefits Fund submitted to the bank designated by Union.
(b) All Fringe Benefit Funds have been established and maintained in accordance
with agreements and declarations of trust and shall be administered in accordance with
the requirements of applicable federal laws. The agreements and declarations of trust, as
amended or restated from time to time are hereby incorporated into and made a part of
this agreement.
Section 7. CASH OR BOND DEPOSIT BY EMPLOYER.
(a) All EMPLOYERS shall furnish a bond in the amount of $20,000 in a form acceptable
to the Indiana/Kentucky/Ohio Regional Council of Carpenters to insure prompt payment
of wages, fringe benefit contributions and deductions as required by this Agreement. In
lieu of a bond, an Employer may deposit in escrow the amount of $20,000 in cash, under
the terms of which the escrow trustee will pay to the employee, fringe benefit fund or
Union such wages, fringe benefit contributions, deductions or dues check -off which the
Employer is determined to owe under this Agreement. However, those Employers who
have employed Carpenters under this or a predecessor or successor contract during 24
consecutive months and who have made all payments herein required in a timely manner
during that period are hereby exempt from furnishing an escrow deposit or bond until such
time as they become delinquent as defined in this Article, they then must re -deposit the
bond and be treated as a new contractor. The Escrow Trust shall be established by
agreement between the Escrowee and the Association. Any Employer depositing cash in
escrow shall receive interest earned on the amount of the deposit, after the deduction of
the cost of the escrow. Employers required to furnish a cash deposit will have that deposit
refunded to them at the end of 24 consecutive months during which all payments were
made in a timely manner. The Employer shall sign the Union's Escrow Agreement.
(b) The Escrow Agreement shall provide that an Employer who has ceased all
employment within the jurisdiction covered by this Agreement shall receive a
refund of the Escrow monies or Bond upon submission of a certified written request
10
and the written certification of the Ind iana/Kentucky/Ohio Regional Council of
Carpenters that all employees, wages, fringe benefit contributions, wage
deductions, delinquent contributions, and interest owed have been paid.
(c) In the event an Employer does not provide a bond or cash escrow account as
required herein, the Union may send a 96 hour written notice to the Employer
informing them that all bargaining unit employees will be removed from the
Employer's job site until such time as the Employer comes into compliance with
this contracted provision. The removed employees will be paid straight time.
Section 8. PAYROLL AUDITS.
(a) The Trustees of any Fringe Benefit Fund to which the EMPLOYER is obligated to
contribute under this AGREEMENT shall have the responsibility and the right to verify the
accuracy of an EMPLOYER'S contributions to or deduction for Indiana/Kentucky/Ohio
Regional Council of Carpenters Pension Trust Fund, Indiana/Kentucky/Ohio Regional
Council of Carpenters Joint Apprenticeship Fund, Construction Advancement Foundation
Industry Fund, Vacation/Savings Fund, 8CRC, Annuity, Welfare, Market Recovery,
C.O.P.E., UBC National Training Fund, Journeyman Upgrade, Dues Check -off and/or
Working Assessment, Building Industry Marketing Program Trust Fund, and Carpenters
Training Promotional Labor Management Cooperative Committee by performing an audit
of the EMPLOYER's payroll records. Such audits shall be performed by the authorized
representatives of the Trustees and shall be performed during the EMPLOYER's regular
business hours, or at such other time as the EMPLOYER and TRUSTEES shall agree,
following ten days written advance notice given to the EMPLOYER. If an audit of an
EMPLOYER's payroll discloses a delinquency in any of the above funds, in excess of 5%
of the total amount due for any such purposes for the period covered by the audit, the
EMPLOYER shall be assessed the costs of the audit, plus any additional expenses
incurred in the collection of such delinquent contributions, including reasonable attorney's
fees and court costs. The costs of the audit, when not assessed against the EMPLOYER,
shall be shared by the recipients of the contributions, on a proportional basis, based upon
the ratio of rates of cont6butions. Under any circumstances, all delinquencies, interest
and liquidated damages shall be promptly paid. However, if the Employer refuses to
permit an audit thereby causing the initiation of a lawsuit to force the Employer to permit
an audit, then that Employer shall pay for the costs of the audit, plus reasonable fees and
costs incurred due to the necessity of filing the lawsuit without regard to whether a
delinquency is found.
(b) In the event of a proven delinquency on the part of an EMPLOYER solely for payments
to the Vacation/Savings or Dues Check Off to the UNION, then the right to request an
audit shall lie with the UNION, who is responsible for enforcement of the payments. In
such cases, on notice from the UNION, audits as provided above shall be conducted to
determine the delinquencies which are due these accounts.
Section 9. DELINQUENCIES IN PAYMENTS.
(a) When an EMPLOYER has not posted a bond or becomes delinquent in
payment of Wages, Vacation/Savings, Dues Check Off (or working assessment), Welfare,
Pension, Annuity, Apprenticeship, Journeyman Upgrade, Market Recovery, BCRC, UBC
National Training Fund, C.O.P.E., Carpenters Training Promotional LMCC, Building
Industry Marketing Program, or Industry Fund, and such delinquency is in excess of the
Bond Deposit, it will be left to the discretion of Fund Trustees to have money transferred
from the Employer's Escrow deposit for the 1XII-p0se of paying the EMPLOYER'S
delinquencies to said Funds on a proportionate basis, after delinquent Wages,
Vacation/Savings, Dues Check Off' (orWorking Assessment), Market Recovery, C.O.P.E.
have been paid.
At the time of the transfer of Funds from the Employees Escrow Account, a certified
letter will be sent to the EMPLOYER and he will be given 96 hours to replenish his Escrow
Account deposit to the original amount required. If not replenished in that period of time,
work will cease on all jobs until payment is made. If the Employees are removed from the
job by the: UNION to enforce such payments and penalties, the Employees shall be paid
by the delinquent EMPLOYER for all time lost at the straight time hourly rate.
(b) Application of the above procedures will not preclude the UNION from
proceeding with other methods to obtain payment of such delinquent payments.
(c) Payments to the Funds are to be computed at the end of each month and must
be postmarked no later than the twentieth (20th) of the following month after which time
the payments will be considered delinquent. In the event an EMPLOYER fails to make
either prompt and timely payment to any Fringe Benefit Fund, or prompt and timely
payment of deductions for vacation savings, Carpenters dues check off (or working
assessment), C.O.P.E. or Market Recovery in accordance with this AGREEMENT, he
shall be assessed interest and liquidated damages, it being understood and agreed that
damages resulting from such late payments are substantial, but are difficult, if not
impossible to ascertain. The rate of interest and the amount of liquidated damages
payable to each Fringe Benefit Fund shall be that which, is fixed from time to time by each
of the several Board of Trustees. In the case of either vacation savings, Carpenters dues
check off (or working assessment), C.O.P.E. or Market Recovery, or if no such interest
and liquidated damages are fixed by the Trustees of a Fringe Benefit Fund, the interest
on the delinquent amount shall be at the prime rate then in effect at the First National
Bank of Chicago or 10% whichever is higher.
If payment is not postmarked by the twentieth (20th) of the month, the EMPLOYER
shall be sent a notice of his delinquency and if payment is not received within 96 hours,
all Employees will be removed from all EMPLOYER'S jobs by the UNION to enforce such
payment and penalties. If the Employees are removed from the job by the UNION to
enforce payments and penalties, the Employees shall be paid by the delinquent
EMPLOYER for all Jost time at the straight time hourly rate.
(d) An Employer shall be deemed to be delinquent to the extent that Vacation Savings,
Dues Check Off (or working assessment), Market Recovery, C.O.P.E., Welfare, Pension,
Annuity, Journeyman Upgrade, BCRC, UB,C National Training Fund, Apprenticeship,
Carpenters Training Promotional LMCC, Building Industry Marketing Program, or Industry
Fund payments are not postmarked on or before the twentieth (20th) day of the month
following the month in which the work giving rise to the contributions was performed.
(e) With respect to contributions for work performed after the effective date of this
contract, Employer Contributions payable to the Welfare, Pension, Annuity, Journeyman
Upgrade, Apprenticeship, UBC National Training Fund, BCRC, Carpenters Training
Promotional LIVICC, Building IndustryMarketing Program, or Industry Fund ("Funds")
shall be credited first to the earliest time period for which a delinquent contribution is
12
owed, irrespective of any allocation of contributions or designation of employees shown
on the remittance form which accompanies a particular payment.
(f) Except as hereinafter provided, in the event the Employer is more than 30 days
late in paying contributions to the Funds, the Funds shall not be liable for benefit
coverage. The Employer shall be liable for the payment of covered expenses or accrued
.pension credit under the Funds' Plan of Benefits or Pension Plan which were incurred by
it's employees during the period of such delinquency.
In addition, if the Employer erroneously contributes on behalf of a former employee
after contributions on behalf of that employee are not required by this contract and if, as
a result of such erroneous contributions, the Funds assume liability for benefits for such
employee, the Employer agrees to be liable for those benefits. If a Fund pays covered
expenses for which the Employer is liable in accordance with the foregoing, the Employer
agrees to indemnify that Fund for reimbursement of such benefit payment and the
Employer agrees to reimburse and indemnify the Fund for all such benefits which it pays
to or on behalf of the EMPLOYER'S employees (including reasonable attorney's fees and
costs which are incurred by either the Fund or the Union in enforcing this provision),
provided, however, that the Employer shall continue to be responsible to the Fund for the
payment of all contributions, notwithstanding such reimbursement or indemnifications.
(g) If a disagreement exists as to the EMPLOYER'S obligations to contribute on
behalf of a particular employee, in such event, if the Employer is later determined to have
been liable for the contributions, he shall have no further responsibility for benefits
incurred by the employee during the period of protested employment, but if the Employer
is later determined not to have been liable for such contributions, the employee for whom
the protested contributions were paid shall not be eligible for benefits incurred during such
period and the Employer shall receive refund or credit of the protested contributions.
(h) If an EMPLOYER denies the Trustees of any Fund the right to audit their books
for discrepancies, as per Article III - Section 7 sub paragraph (a) above, or the UNION
the right to audit the books, for discrepancies as per Article 11 - Section 7 sub paragraph
(b) above, the Employees shall be removed by the UNION from an EMPLOYER'S job to
enforce the audit after the UNION has been informed by the Trustees of the refusal to
allow an audit or in the case of Vacation/Savings, Carpenters dues check off (or working
assessment), Market Recovery and C.O.P.E. when the UNION determines. If the
Employees are removed from the job by the UNION to enforce the audit, the Employees
shall be paid by the EMPLOYER for all lost time at the straight hourly rate.
(i) All costs and other expenses, including reasonable attorney's fees and court
costs, incurred by the Union or any Fund in the collection of delinquent amounts shall be
assessed against and paid by the delinquent Employer.
SECTION 10 - NATIONAL HEALTH INSURANCEIUNIVERSAL COVERAGE
If federal legislation is enacted providing for national health insurance or universal health
care coverage for employees, the parties agree that they will enter into discussions to
determine the impact of such legislation on the health care plan then maintained pursuant
to contributions made under this agreement. The parties further agree that in the event
such legislation renders continued maintenance of such health care plan unlawful or
impermissible, the parties will enter into negotiations to agree upon a replacement plan
which will be consistent with the legislation, provided that such replacement shall not have
the effect of increasing the cost to Employers, and provided further that such negotiations
13
shall be limited solely to the Tordie ing issue, ana provia I r 6F 'firf"TIS10i IS
of the agreement shall remain in full force and effect without amendment for the duration
of the agreement.
SECTION 11 - FAMILY AND MEDICAL LEAVE ACT, The Employer is required
to comply with the Family and Medical Leave Act of 1993 (".FMLA") with respect4t
employees covered by the Agreement.
Accordingly, the Union and Employer agree that, eligible employees shall b
granted unpaid leaves of absence as required under the FMLA, provided: that employe
shall not accrue other benefits during such leaves; that the Employer may requi
certification of serious health conditions and medical necessity; that not withstanding an
other 1
provisions of this Agreement to the contrary, the Employer may exercise i
discretion with respect to conditions associated with, or that may be placed upon, suc
leaves to the fullest extent permitted by said statute; and that while any employee is o
e n c 0
an FMLA leave, the Employer shall pay to the welfare fund identified and referred to i
11
Article Vill of the Agreement the minimum amount of contribution necessary to maintai
the FMLA-required health plan coverage to such employee while on said leave, whi
amount shall be established annually in an actuarially sound manner by the Trustees
such fund.
Section 13. Promotion of the Association: The Northwest Indiana Contractors
Association of Indiana and the UNION agree to appoint a committee to meet bi-monthly
for the purpose of promoting the Association.
ARTICLE IV
HOURS OF WORK, OVERTIME, SHIFT INORK
AND PAYMENT OF WAGES
work.
Section 2. WORK INEEK. The regular work week shall consist of five (5)
consecutive days, Monday thru Friday.
Section 3. HOURS OF WORK. On a regular work day, the hours of work will be
8-00 A.M. to 4:30 P.M. with one half hour off from 12:00 noon to 12:30 P.M. for lunch.
Section 4. ADJUSTED INORK DAY. The regular work day as described above
may be adjusted for cause. There shall be one half hour off for lunch four (4) hours after
E
the start of the adjusted work day. The EMPLOYER must receive the approval of the
proper Business Representative of the Regional Council prior to effecting the adjusted
workday schedule.
Section 5. OVERTIME PAYMENT.
(a) All work performed before 8:00 A.M. or after 4:30 P.M_ on regular work days
and Saturdays or work performed before or after the adjusted work days or work
performed between 12:00 noon and 12:30 P.M. on regular work days and on work
performed during the lunch period on adjusted work days shall be paid for at the rate of
time and 112. All work performed on Sundays, and the hereinafter -mentioned holidays
shall be paid for at the rate of double time. The observed holidays shall be New Years
Day, Memorial Day, the Fourth of duly, Thanksgiving Day and Christmas Day. When one
or more of the aforementioned holidays falls on Sunday, the following Monday shall be
recognized as the holiday and any work performed on said following day shall be paid for
at the rate of double time. The aforementioned shall apply except where Shift Work has
been approved. (Refer to Section on Shifts.)
(b) EQUALIZATION OF OVERTIME. When overtime is necessary and agreed to
by the UNION, all Employees on the job shall be allowed to work. In the event there is
insufficient work for all Employees, then the overtime shall be equally distributed and
rotated so that each Employee on the job shall receive his fair and equal share of the
overtime work.
(c) Employees working on an overtime job will not be replaced by Employees from
another job in order for the overtime work.
Section 6. NO WORK ON LABOR DAY. No work shall be performed on Labor
Day, except to save life or property and then such work shall be paid for at the rate of
double time.
Section 7. PAYMENT OF WAGES. The EMPLOYER shall not be allowed to hold
back more than three (3) regular work day's pay in order to prepare the payroll. Consistent
with this, a regular payday must be established every week and the men paid in their
respective jobs during working hours, except Employees who quit of their own accord will
be paid on the next regular payday. Employees shall be paid either by EMPLOYER check
on a local bank or in currency, no later than quitting time provided that and EMPLOYER
whose checks are dishonored shall pay only in currency until such time as determined
otherwise. In addition, the EMPLOYEE will be paid by the EMPLOYER any bank charges
incurred by the Employee due to the dishonoring of the check or checks, If for any reason
the EMPLOYER. fails to pay on the regular payday.
Employees shall receive straight time until paid in full. If discharged or laid off, Employees
shall be paid in full at once and if any Employee is sent to an off -site office for his pay,
one (1) hour shall be added to his pay. The EMPLOYER shall indicate on the pay
envelope or statement attached to the check the number of hours worked, the rate of pay
per hour and the total gross pay together with an itemized list of deductions.
(b) When EMPLOYEES are laid -off or discharged between the hours of 6:00 P.M.
Friday through 8:00 A-M. Monday, because of unscheduled or emergency requirements,
the EMPLOYEE will be paid by 11:00 A.M. Monday, unless arrangements are made with
the Employer. This in no way will supersede the EMPLOYERS requirement to pay the
regular scheduled payday or lay-off as outlined above.
15
Section 8, REPORT FOR WORK PAY. Weather permitting, Employees who
report for work but are. not PlUt to work due to lack of materials or other Causes beyond
their control shall receive at least two (2) hours pay. Employees who start, work shall be
guara riteed four (4) hours work, weather permitting and if they return to work after, the first
four hours, they shall be guaranteed eight (8) hours work, weather permitting. On
premium time days, the foregoing guarantee shall be paid at the premium rate,
(a) In the event of inclement weather, Employees may be requested to wait all
hour on their own time. Should the weather become good enough to commence work,
EfTlployees will be paid for the hour of waiting time, Every effort shall be made to rotate
men who are :given inside work during inclenient weather.
Section 9. LAY OFF OR DISCHARGE. Employees who are laid off or discharged
shall be allowed a sufficient amount of time to gather their tools and personal belongings
during working hours. Further, if said Employees should be discharged by telephone,
telegram, letter or any other means of communication, while lie is off the job site, lie shall
be paid two (2) hours wages to pick, up tools and personal belongings.
Section A. Where there is a tool loss on the job, the Employee shall be
reimbursed before lay off or discharge as per Article V, Section 16.
Section 9B. LAYOFF IS PAYOFF. A man shall receive all monies due upon layoff.
If agreed upon by the representative for the UNION, the layoff checks shall be mailed
overnight to the Regional Council Office, 780 Union Street, Flolbart, IN 46342. Layoff
checks must be received within twenty-four (24) hours of the last day worked. If the
EMPLOYER should decide to overnight layoff checks, each employee laid off shall be
paid an, additional two (2), hours wages. EMPLOYERS who fail to pay within the twenty-
four (24) hour period shall pay the eniployee, at the straight time rate four (4) hours per
day until lie is paid in full.
Section 10. WORKING TIME. When an EMPLOYER required Employees to use
a time clock or other time checking devices, Employees shall not be required to check out
on their own time. When tools are to be checked in or out, it shall be done during working
hours.
Section 11. SHIFT, SPECIAL WORK HOURS, WORK RULES.
(a) There shall be no shift work without the consent of the UNION. Each shift shall
work fora period of not less than five (5) consecutive regular working, days or five (5)
consecutive calendar days. No Employee shall work more than (1), shift.
(b) The EMPLOYER shall apply to the UNION for shift work.
(c) When working two (2) or more shifts and the first shift starts at midnight or prior
to eight (8:0g) A.M., the night shift rate shall apply to the first seven (7) hours work. (d) If the second shift stalls at any time other than eight (8:00) A.M., the Employees Shall
receive the night shift rate for the first seven (7) hours worked.
(e) The third shift shall start at the end of the second shift and the night shift rate
shall apply for the first seven (7) hours worked.
(f) If the first or second shift starts at eight (8:00) A.M., the Employees shall receive
the day shift rate forthe first eight (8) hours, worked,
(g) If the shift work overtime is agreed to by the UNION, each Employee shall
receive premiurn rate his regular shift rate for all work performed before or after his regular
shift hours; work performed between midnight FRIDAY and midnight SUNRAY and work
16
performed on the HOLIDAYS recognized in this AGREEMENT or on the days celebrated
or observed as such shall be paid either time and a half or double time as per Agreement.
(h) The shift work lunch period shall be thirty (30) minutes immediately following
the first four regular shift hours,
(i) Each Employee working more than ten (10) hours shall be allowed reasonable
time to have the second lunch without any loss of pay between the ninth (9th) and the
tenth (1 Oth) hour.
(j) SPECIAL WORK HOURS. The EMPLOYER shall apply to the UNION for
special work hours:
1. When special hours are agreed to by the UNION and more than ten (10) hours
are worked on any job, the regular lunch period shall be thirty (30) minutes immediately
following the first four (4) hours. Each Employee shall be allowed reasonable time to have
another lunch without any loss of pay between the ninth (9th) and tenth (10th) hours.
2. Work performed between eight (8:00) A.M. and four -thirty (4:30) P.M. on regular
work days shall be at the regular rate. Work performed before eight (8:00) A.M. and after
four -thirty (4:30) P.M. on regular work days shall be at time + 1/2 the regular rate.
1 st or 2nd or 3rd
Day Shift Night Shift
Journeyman Carpenter $37,42 hr $42,77 fir
Carpenter Foreman $40.04 fir $45.76 fir
Gen. Carpenter Foreman $41.16 fir $47.04 fir
6/1/15 through 12/31115
*1 st or 2nd or 3rd
Day Shift Night Shift
Journeyman Carpenter $—fir $ hr
Carpenter Foreman $-- 111- $ hr
Gen. Carpenter Foreman $--hr $ fir
1/1/16 through 5131/16
I st or 2nd or 3rd
Day Shift Night Shift
Journeyman Carpenter $—hr $—'--hr
Carpenter Foreman $ hr $—h,r
Gen. Carpenter Foreman $--hr $-.- --fir
6/1116 through 12/31/16
1st or 2nd or 3rd
Day Shift Night Shift
Journeyman Carpenter $-fir $ hr
Carpenter Foreman $ ))r
Gen. Carpenter Foreman $ hr
17
1/1 /17 through 5/31/17
oft-& a
ARTICLE V
GENERAL WORKING CONDMONS
E
(b) A room or change house, or space within a room or change house, of suitable
size for carpenters for storing their personal tools, changing clothes, having lunches, said
room or change house to be heated, equipped with two (2) accessible doors, lighting and
benches and tables. This facility should be capable of being locked during non -working
hours.
1. No piece of equipment or any type of container containing flammable liquids
shall be stored in the same room used by Employees to change their clothes,
2. EMPLOYERS shall be required to replace work clothing in the event same is
damaged by fire so long as said clothing is in the change house or gang box provided by
the EMPLOYER.
3. Toilets of a clean, sanitary and decent nature shall be furnished for the use of
Employees. When sewer or septic tank facilities are not available, chemical toilets and
proper sanitary equipment to maintain and use them shall be provided.
4. Suitable facilities of sufficient size and accessibility for the safe operation of
stationary power saws and/or other stationary power tools used by the carpenters shall
be provided. When using stationary power saws or other stationary power tools and a
second man is required he shall be a Journeyman carpenter or not less than a second
year apprentice carpenter.
Section 9. DEDUCTIONS FOR CONTRIBUTIONS. There shall be no deductions
from Employees' wages for contributions of any kind without prior UNION approval and
no Employee shall be intimidated or solicited in order to authorize deductions for
contributions from his wages.
Section 10. LUNCH PERIODS. See Article IV, Sec. 3, 4, 5 and 11.
Section 11. INSURANCE COVERAGE. For all Employees covered by this
AGREEMENT, the EMPLOYER shall carry Worker's Compensation Insurance with an
approved company authorized to do business in the State of Indiana and shall in addition
contribute to the Indiana State Employment Security Division irrespective of the number
of Employees employed. The EMPLOYER shall furnish satisfactory proof of such
coverage and contributions to the UNION.
Section 12. ACCESS TO PREMISES. The duly authorized Business
Representative of the UNION shall be permitted to visit all jobs, subject to the owners
permission, but will in no way interfere with the progress of the work.
Section 13. STEWARDS. The UNION shall have the right to appoint its own
Steward or Stewards without interference from the EMPLOYER, said Steward or
Stewards to be employed on the job at all times when work covered by this AGREEMENT
is being performed; any deviation of the foregoing shall be mutually agreed to by both
UNION and EMPLOYER. In no case shall the Steward be discharged because he acted
in that capacity. In the event a Steward is laid off and his activities on behalf of the UNION
are found to be the cause, he shall be reinstated in the same capacity with back pay.
Stewards shall be allowed reasonable and sufficient time to see that this
AGREEMENT is being lived up to. The Steward's authority shall be limited to seeing that
this AGREEMENT is being lived up to and to enforcing safety conditions as provided in
Section 18 of this Article. He shall have no authority relative to hiring, firing, or tenure of
employment. The Steward shall promptly take care of injured workers and accompany
them to their home, or to the hospital, as the case may require, without loss of time, and
the Steward shall also ascertain that the injured member's tools, properties and personal
19
belongings are properly protected, Any Steward found guilty of violation of the existing
contract can be discharged for cause.
Section 14. VISITING DOCTOR WITHOUT LOSS OF TIME.
(a) When an Employee is injured on the job, he shall, after receiving emergency
treatment, visit a doctor and/or hospital approved by the EMPLOYER'S Insurance Carrier
in accordance with the Workers Compensation Law of the State of Indiana.
(b) Employees injured on the job and working shall be allowed to visit an approved
doctor, as required on company time without loss of time,
(c) An Employee injured on the job shall receive a full day'; wages if sent home
under doctor's orders. The EMPLOYER shall provide the Employee with
transportation to the hospital or local place of residence on the day of accident.
Section 15. TOOL LOSS. When it is necessary to store Employee tools on the
jobsite during his non -working hours, the EMPLOYER shall be responsible for loss due
to fire or burglary, to the EMPLOYERS storage facility, at 70% of cost to a maximum
payment of $325, It shall be the responsibility of the Employees when storing tools, to
furnish a list in duplicate to the EMPLOYER to obtain this protection.
Section 16. SPECIAL PREMIUM. Employees working with material treated with
creosote, other chemicals or toxins injurious to the person or clothing shall receive an
additional thirty-five cents ($.35) per hour for straight time work and seventy cents ($70)
per hour for overtime work. The same additional premium shall be applicable to all work
performed on open structures, scaffolds, towers, elevators, slip form construction, or the
erection, repair, alteration or dismantling of same, when such Work Occurs at an elevation
of forty-eight (48) feet or higher than the shortest distance from the base of the scaffold
to the edge of the roof deck. (Any roof with more than a one and one-half (1 112) inch rise
to the foot shall not be considered a flat roof.)
Section 17. SAFETY ENFORCEMENT. The Stewards on all jobs shall have the
power to enforce the rectifying of any unsafe conditions, including, but not limited to,
unsafe scaffolds, scaffolds without railing over fourteen (14') feet high, open holes that do
not have the proper barricades, carrying loads over the heads of men, unclean lumber
with nails which has not been made properly safe or any unsafe conditions brought to the
Steward's attention. Employees shall not be required to assume any undue risk or work
under unsafe conditions in hazardous places. In the event the EMPLOYER fails to take
the proper steps to safeguard the Employees employed, the UNION shall have the power
to order the Employees to cease work.
(a) There shall be a periodic toolbox, shanty or standup safety meeting between
the Supervision and the Employees.
(b) All welding shall be performed in a safe manner.
(c) All ladders shall be used in accordance with applicable safety codes.
Section 18. UNSAFE EMPLOYEES. No Employee shall show up for or stay on
any job when under the influence of alcohol or drugs. Any employee found under the
influence of alcohol or drugs shall be sent home immediately, without pay. The Steward
shall be notified immediately of this action.
Section 19. CONCRETE POURING. There shall be one or more carpenters
employed on, the maintenance of forms, anchor bolts, and ernbedded iron (when fastened
to forms) while concr(,,te is being poured (if job warrants sarne).
20
Section 2 . TRANSPORTATION. In all plant construction the EMPLOYER shall
furnish transportation which provides shelter from inclement weather from the gate to the
jobsite and back to the gate. Transportation shall have benches to sit on for safety
reasons.
ARTICLE VI
PILE DRIVERS
Section 1. PILE ®RIVING CREW. A pile driving crew shall consist of a minimum
of one (1) Working Foreman and three (3) Journeymen / Apprentice. When two (2) or
more crews are working on a job, there shall be a General pile driving Working Foreman.
No pile driving Working Foreman or General Working Foreman shall at the same time
work in any other capacity on the same job. Crew size may be adjusted by mutual
agreement between UNION and EMPLOYER.
Section 2. PILING. All labor employed in unloading, loading and/or handling,
whether used or stored, framing, driving, fastening, pulling, cutting, capping of piling of
every kind, including splicing, barking, heading, shoeing, rafting, boring, reeving, dodging,
whaling, casing, jetting and bracing shall be done by pile drivers.
All burning and welding on pilings, all rigging and signaling in connection therewith
shall be done by pile drivers. Whenever a pile driver takes the place of a driver, he shall
be paid the rate of a driver in this locality. The servicing and repairing, assembling and
dismantling of all pile driving equipment shall be done by the pile driving Employees in
the Bargaining Unit.
Section 3. ONE RIG ATA TIME. No single pile driving crew shall work more than
one (1) rig at a time.
ARTICLE VII
APPRENTICES
Section 1. PROBATION PERIOD. Each accepted applicant shall be required to
serve a 160 days probation period prior to being accepted into the program. The rate of
pay for this period shall be 45% of the Journeyman's scale.
Section 2. WAGES. The wages of an Apprentice shall be based upon the following
percentage of the Journeyman's scale as determined by the Joint Apprentice Committee.
All reduced fringe benefits will apply to all apprentices that begin the program after June
1, 2012.
1st year 55% of the Journeyman rate, 55% of Annuity, 50% of Pension
2nd year 65% of the Journeyman rate, 65% of Annuity, 50% of Pension
3rd year 75% of the Journeyman rate, 75% of Annuity, 50% of the Pension
Ott' year 85% of the Journey man rate, 85% of Annuity, 50% of Pension
All other apprenticeship benefit contributions remain the same as journeyman as per
Article 3, Section 3.
21
EMPLOYERS shall contact the Apprentice Coordinator and the appropriate Business
Representative responsible for the placement and wage rate of Apprentices.
Section 3. RATIO. There shall be a minimum of one apprentice and a maximum
of two apprentices (if available) per foreman, to be determined by Business
Representative, if at least fourjourneymen are employed:, with consideration being given
to training opportunities as to be determined by said Apprenticeship Committee.
Any Employer employing four journeyrnen must employ one Apprentice if
available.
Section 4. ROTATION OF APPRENTICE. It shall be the Apprentice Coordinator's
responsibility and authority to rotate Apprentices to insure that all Apprentices receive on
the job training in all facets of the Carpenter trade.
First and Second year Apprentices will work primarily in the Residential field if such
work is available.
Section 5. JOINT APPRENTICE TRAINING COMMITTEE. The Associations and
the Union have established a Joint Apprentice Training Committee which shall govern the
administration of the Apprentice Program through the office of the Director. Each
EMPLOYER shall be bound by the determinations of said Committee and shall be
required to follow such determinations. Only the Joint Apprentice Committee shall have
the powers to up -date, change time required and admitting procedures of the program.
ARTICLE Vill
W-6
Section 1. MEMBERSHIP IN UNION NOT COMPULSORY. Joining the UNION is
not compulsory. Neither party shall exert any pressure on or discriminate against an
Employee as regards such matter.
Section 1. RESPONSIBILITY FOR HIRING. The EMPLOYER shall have the sole
and exclusive responsibility for hiring and may hire from any source it desires without
paying heed to membership in the UNION or referral or clearance therefrom.
Section 2. NO OBLIGATIONTO REFER. The UNION shall have no obligation to
refer prospective Employees to the EMPLOYER but may do so if it desires.
Section 3. LEGAL AUTHORIZATION. The EMPLOYER is exclusively engaged
in the Building and Construction Industry. The parties have elected to come under the
provisions of Section 8 (f) part 3 of the National Labor Relations Act as amended, which
permits that parties to make an AGREEMENT requiring the EMPLOYER to:
(a) Notify the UNION of opportunities for employment; and
(b) Give the UNION an opportunity to refer qualified applicants for employment,
(c) The UNION will send no Employee to the EMPLOYER who they know does not
comply with the residency requirements of the Immigration and Reform Act.
M
Section 4. PROCEDURE. In the application and administration of Section 3 of this
Article the following shall govern:
(a) The EMPLOYER shall advise the UNION of all available openings and job
requirements at least twenty-four (24) hours prior to the EMPLOYER'S fulfilling such job
requirements.
(b) If the UNION or EMPLOYER elects, a prejob conference prior to
commencement of work shall be held. At the prejob conference the EMPLOYER. shall
advise the UNION of its requirements as to the craft persons required in the respective
classifications, the probable starting date, duration of the job and the working schedules.
(c) The UNION shall be given an opportunity to refer qualified applicants for
employment.
(d) Persons so referred shall not be given preference or priority by the EMPLOYER
over non -referred persons and the EMPLOYER shall have the sole and exclusive right of
accepting or rejecting the person so referred.
(e) Nothing herein shall prohibit the EMPLOYER from hiring or recruiting workers
from any source it desires.
Section 5. SEVERABILITY AND INVALIDITY. It is the intention of the parties
hereto to comply with the provision of the National Labor Relations Act, as amended, and
in the event this Article is declared to be unlawful, then it shall become inoperative and
void and the parties shall immediately meet to negotiate a legal mutually acceptable
substitute. The other legal provisions of this AGREEMENT shall not be affected thereby.
Section 1. TERRITORIAL. The territory of area covered by this AGREEMENT
shall consist of Lake, Porter, LaPorte, Starke, Newton, Pulaski and Jasper Counties of
Indiana.
Section 2. OCCUPATIONAL. The trade autonomy of the United Brotherhood of
Carpenters and Joiners of America consists of the milling, fashioning, joining, assembling,
erecting, fastening, or dismantling of all material of wood, hollow metal or fiber, the laying
of all cork and compositions, asphalt floors, all shingles and siding, the manufacturing of
all wood materials and the fabrication of all materials where the skill, knowledge and
training of a carpenter is required, either through the operation of machine or hand tools:
Carpenters, pile drivers, bridge, dock and wharf carpenters, underpinners and timbermen;
shipwrights, boat builders, ship carpenters, joiners and caulkers; cabinet makers, bench
hands, stair builders, millmen; floor layers and finishers, shinglers, shores and house
movers; loggers; lumber and saw mill workers; boat makers, railroad carpenters and car
builders; or all those engaged in the operation of machinery required in the fashioning or
milling of products used in the trade, or engaged as the helpers to any of the above
divisions or sub -divisions or the handling of material on any of the above divisions or
subdivisions.
23
Section A. It is agreed that only bargaining unit rnembers shall tend, assist,
convey, and or handle material by any rneans for any and all portions of the scope and
or Occupational sections of this agreement.
Section 3. It is agreed that the jurisdiction or work covered by the AGREEMENT
is that provided for in the Charter Grant issued by the United Brotherhood of Carpenters
and Joiners of America to the Indiana/Kentucky/Ohio Regional Council of the United
Brotherhood of Carpenters and Joiners of America. It is being understood that the
claims are subject to local trade agreements and final decisions of AFL & CIO as
settlement of jurisdictional disputes.
Section 3a. This agreement excludes all Industrial Construction, maintenance,
repair, replacement, renovation and modernization work at Heavy Industrial production
facilities, and work sites including but not limited to those sites using the National
Maintenance Agreement (NMA) the National Power Generation Agreement (INIPGMA) or
other Industrial PLA's,
Section 4, This AGREEMENT shall cover and include but not be limited to:
The milling, fashioning, joining, assembling, erecting, fastening or dismantling of
all materials of wood, plastic, metal, fiber, cork and Composition and all other substitute
materials. The building and setting of forms and centers for brick masonry. The fabrication
and erection of concrete forms, and the dismantling of same except for materials that are
not to be reused. The setting of bulkheads, the setting and fabrication of screeds and
stakes for concrete floors where the screed is notched or fitted. The setting and
dismantling of forms, including handling and signaling where power is used. The making
of all anchor bolts and tie rods which are to be fabricated on the job. The fabrication of
templates. The placing and leveling of all templates and anchor bolts by hand.
The bracing of any means, of templates and anchor bolts. The setting and aligning
of all curb angles when they are attached to a form or bulkhead. The framing, rigging and
dismantling in connection with metal column and gang forms. The making of forms for
concrete blocks, figures, posts, railings, balusters, ornaments, building construction and
heavy construction. The handling of rough lumber from the designated stock pile. The
building and moving of all runways and staging Where carpenter tools are used. The
construction of all hoists, derricks, mortar boards, boxes and trestles made of wood. The
cutting or framing of openings for pipes, conduits, ducts, etc., where they pass through
floors, partitions, walls, roofs, and, forms composed in whole or in part of wood. The making
and installing of all crippling, bracing, joists, drywall and acoustic tile ceilings. The
installation of all furring for ceilings and sidewalls. The installation of all kalamein, hollow
metal, wood and plastic laminate doors, walk-in man doors, transoms and windows,
scaffolds over fourteen (14') feet in height or any special designed scaffolds or those built
for special purposes shall be erected and dismantled from the base by carpenters. The
handling of fixtures and cabinets from the delivery truck. "rhe unloading, handling arid
setting of all fixtures uncrated jambs, doors, bucks and window frames of wood or metal.
The installation of all casing, base, molding, chair rail and wainscoting.
They layout, installation and erection of wooden stairs, and the Jobsite fabrication of same.
The installation of fixtures, cabinets, shelving, racks and door louvers and the jobsite
fabrication of same. The jobsite mortising and application of hardware in connection with
M
carpentry work. The assembly and setting of all theater type seats, bleachers and gym
equipment. The installation of screens, storm sash, storm doors, garage doors, weather
stripping, blinds, drape rods, wood plastic or metal window awnings, door shelters and
jalousies and the jobsite fabrication of the above items. The installation of drywall
materials including plasterboard, asbestos board, transite and composition boards. The
application of all drywall materials which serve as a base for acoustic tile. The jobsite
construction and setting of all wooden barricades. The installation of insulation material
used for sound or weatherproofing. The installation of chalk boards. The operation of
hand winches used to raise wooden structures. The sharpening of carpenters hand or
power tools. The installation, sanding and finishing of wood floors. The installation of
carpeting, padding and tacklers stripping. The installation of ail resilient floor and tile set
with mastic. The installation and application of nailed down asphalt fiber expansion
material. The installation of water seal. The installation of key ways. The stripping of key
ways attached to water seal and key ways that are to be reused. The burning, welding,
power or hand rigging and the use of any instrument or tool for layout work incidental to
the carpenter's trade.
The realignment of anchor bolts for mechanical equipment set by Millwrights shall
be done by the United Brotherhood.
The parties to this AGREEMENT are subject to and agreed to be bound by all
decisions and awards made by the Impartial ,Jurisdictional disputes Board or its
successor agency.
Section 5. JURISDICATION OF WORK. The Jurisdiction of work referred to
elsewhere in this Contract is the jurisdiction of work claimed by the Union and nothing
contained herein shall make it mandatory for the Employer to accept the claims of
jurisdiction as being binding upon him. The Employer does not waive any of his rights by
permitting the inclusion of the jurisdiction of work in this Contract.
a
Section 1. APPLICATION. The EMPLOYER is in the Construction Industry and
both parties have elected to come under the provisions applicable to the Construction
Industry contained in Section 8 (e) of the National Labor Relations Act, as amended:
Section 2. SCOPE OF FOREGOING. Sections I and 4 of this Article relate solely
to contracting or sub -contracting of work to be done at the site of the construction,
alteration, painting or repair of a building, structure or other work.
Section 3. SUBCONTRACTING - UNIT WORK. The territorial and occupational
jurisdiction of the UNION, as stated in this AGREEMENT, shall be recognized to the end
that if the EMPLOYER subcontracts or contracts out such work, he shall do so only to an
EMPLOYER who has or will sign a contract with the UNION prior to beginning work on
the project site.
NR
Section 4. THE UNION SHALL BE NOTIFIED by telephone when the EMPLOYER
sub -contracts Carpenter work so the UNION can get such sub -contractors properly
bonded prior to the sub -contractors starting the job.
Section 5. When the EMPLOYER is working as a Construction Manager as
Constructor on Public Works project in which the Public Entity has invoked Indiana House
Enrolled Act 1196, the parties agree to meet to discuss the options relating to this article.
Section 6. CONSISTENCY WITH FEDERAL LAW. All provisions of this Article
shall be interpreted, construed and applied in a legal manner consistent with the laws of
the United States and not in conflict thereof.
ARTICLE X1111
Section I. There shall be no cessation of work, as long as this Article and Decision
are complied with. With regard to any EMPLOYER, the ASSOCIATIONS shall be the sole
interpreter of this AGREEMENT and the EMPLOYER shall be bound by the
ASSOCIATION'S interpretation thereof in all instances.
Section Z. There shall be a standing Grievance Committee, three (3) of whom
shall be members of the ASSOCIATIONS and three (3) selected by the UNION. Both the
ASSOCIATIONS and the UNION shall designate not less than three (3) and not more
than five (5) alternates to serve in the event it is necessary. The Chairman shall come
from the ASSOCIATIONS and the Secretary from the UNION.
Section 3. On the fourth (4th) Wednesday of each month, any outstanding
grievances will be heard by the committee. If there are no unsettled grievances, there will
be no meeting of the committee. By Mutual consent, the meeting of the committee can
be postponed to any date.
Section 4. In the event of any difference or controversy as to the interpretation or
application of this AGREEMENT arising between any EMPLOYER and an Employee in
the Bargaining Unit, the difference or controversy shall be taken up at once by the
representatives of both the UNION and the EMPLOYER who shall endeavor to make a
satisfactory settlement.
Section 5. If the difference or controversy cannot be settled between the UNION
and the EMPLOYER, then the difference or controversy shall be reduced to writing. Such
written grievance shall state the facts of the situation in detail and will be sent to the
grieved party by certified mail within fifteen (15) days of the alleged difference or
controversy.
Section 6. If the grieved party receives the certified mail grievance dated not less
than ten (10) days prior to the fourth (4th) Wednesday of the month, such grievance will
be heard on the fourth (4th) Wednesday of the current month. If ten (10) days does not
exist between receipt of the grievance and the fourth (4th) Wednesday, then the
grievance shall be heard on the fourth (4th) Wednesday of the following month.
Section 7. The committee shall hear evidence as presented by both the griever
and the grievee and endeavor to arrive at a decision based solely on the evidence
presented which shall be consistent with the terms and provisions of this AGREEMENT.
It shall be sufficient for a majority of the persons deliberating to arrive at a decision. Any
decision reached shall be final, binding and conclusive on all parties concerned. The
In
decision shall be rendered within five (5) days of the hearing. Both parties will be notified
by certified mail,
Section S. In the event of a deadlock, the grievance shall be referred to an impartial
arbitrator. The parties shall agree upon the name of such individual. In the event they
cannot, they shall jointly request the American Arbitration Association to submit a list of
five (5) recognized arbitrators. By the alternate striking of names, the name of an arbitrator
shall be arrived at. Such arbitrator shall mare a determination which shall be final, binding
and conclusive on all concerned. The cost of the impartial arbitrator shall be borne equally
by both the Grievor and the Grievee.
Section 9. Time limits contained herein may be extended by mutual written
consent of the ASSOCIATIONS and the UNION.
Section 10. In the event a grieved Employer does not comply with the Arbitration
Award issued by the Grievance Committee or the impartial arbitrator, the Union and/or
the Grievance Committee are empowered to file a lawsuit to enforce the Award against
that Employer. All costs and other expenses, including reasonable attorney's fees and
court costs incurred in enforcing the Award shall be assessed against and paid by the
Employer. Further, if the Award includes a monetary remedy, a fine shall automatically
be added to the Award if a lawsuit is filed to enforce the Award and the Award is enforced.
Such fine shall be equal to 25% of the total amount of money awarded, with a maximum
fine of Two Thousand Five Hundred Dollars ($2500) and a minimum fine of Five Hundred
Dollars ($500). In the event that the Award does not include an award of money against
the Employer, then that Award should automatically have added to it a One Thousand
Dollar ($1000) fine if a lawsuit is filed to enforce the Award and the Award is enforced. If
an Employer initiates its own lawsuit to set aside an Arbitration Award and is
unsuccessful, then, the costs, expenses and fines identified above shall become
operative and payable by the Employer.
ARTICLE XIII
ENTIRE AGREEMENT OF "THE PARTIES
This represents the entire AGREEMENT of the parties, it being understood that
there is no other AGREEMENT or understanding either oral or written.. The EMPLOYER
understands, that the UNION is a fraternal society and as such and in keeping with the
provisions of the Labor -Management Relations Act of 1947, as amended, has the right to
prescribe its own rules and regulations with respect to the acquisition or retention of
membership in the UNION or with respect to any other matter for its own use.
However, such rules, or regulations, whether contained in a by-law, constitution or
otherwise shall have no effect, directly or indirectly upon this COLLECTIVE BARGAINING
AGREE MENT, any employment relationship or the relationship between the parties. It is
27
understood a member of the Association may sign either industrial or commercial
agreements or both. The member may select at their discretion either agreement as
applicable.
ARTICLE XIV
I'Ll V.4 L 11,11BYAN03EVERASIL-IrY
. In the event of the invalidity of any provision or the AGREEMENT, the remaining
provisions of this AGREEMENT shall not be affected, but shall remain in full force and
eff e, ct,
ARTICLE XV
DURATION, AMENDMENT AND TERMINATION
Section 1. TERMS. This AGREEMENT shall become effective June 1, 2015 and
remain in effectto and including May 31, 2017. It shall continue in effectfrom year to year
thereafter, June 1stto and including May 31st of each year, unless notice forAmendment
or Termination is given in the manner proved herein.
Section 2. NOTICE TO AMEND OR TERMINATE. Either party desiring to amend
or terminate this AGREEMENT must notify the other in writing at least three (3) Galendar
months prior to May 31,: 2017 or any May 31 st thiereafter.
Section 3. MUTUAL AMENDMENT AT ANYTIME. This AGREEMENT shall be
subject to amendment at any time by mutual consent of the parties hereto, such
4 1! -of and be aW
n&rijpLl-iate the effective date there roved
and executed in the same manner as this AGREEMENT.
Section 4. REOPENERS. At least three (3) calendar months priorto May 31, 2016
and again, either party, may if it desires, by giving of three (3) calendar months written
notice, open negotiations for wage and fringe adjustments. The parties will negotiate as
promptly as possible following the re-ceipt of the; notice and failing in agreement by June
1, 2016, the UNION, by the giving of an additional fifteen (15) days notice in writing, may
strike with the remainder of the contract nevertheless remaining intact,
0
ARTICLE XW
SCHEDULE A
Section 1. It is agreed that in the counties of Jasper, Newton, Pulaski and Starke
that work inside schedule A matrix will be paid at 100% of Zone 1-A wages and Zone 1-
B benefits for H&W, pension & Annuity.
Section 2. The use of Schedule A for projects shall be agreed upon by both the
union and the Employer.
Section 3. The use of Schedule A for projects shall be requested and approved in
writing.
Commercial Pkible Projects
. . ..... ..... ... .....
Business Type
Maximum Size Square Feet
or stories)
- ---- -----
New Addition
Renovation
Notes:
Construction
. ............. . .....
Churches
20,000 20,000
40,000 . . .... . ....
------- . . ...... .... -------
E6. n I era I - Homes
Funeral
20,000 0 '000
40,000
commercial Businesses
20,000 20,000
40,000
. . .........
Foodw and Dinning
20,000 20,000
40,000
Establishments
Warehouses
40,000 40,000
80,000
Nursina Homes
2 Stories 50,000
50,000
Retail Establishments
20,000 :::F�-0,000
40,000
Shoppin Centers
30,000 L3Q�POO
60,000
Wood Framed
No Size restriction
Motels/Hotels
Light Manufacturing
20,900 20,000
20P000
Does not apply to
heavy industry such
as steel mills and
refineries . ....
---
ecreational and fitness
20,000 20)000
20,000
- - ----
Centers
'"da" nk's-a'- n -dF i -na-'-nc i a 1
10,000 10,000
10,000
Services
Automotive Repair and
10,000 10,000
20,000
Service Shops
artment/Condominiurn
3 Stories 50,000
100,000
Buildinqs
- ---------- -L",-
Residential
N', 'Size restrictions
. .....
. . . ................
Healthcare Facilities,
.. . ...............
10,000 10,000
20,000
expect hospitals
. . . . .........
- - ---------- ............
..................... . . .
N
IN WITNESS WHEREOF, the parties have executed this AGREEMENT the 15t day of
June, 2015
William Rathgen
President
1111'rol 1211211guo" "MAT, I Emma -
Mark MGGriff
SecretaN-TreasuredBusiness Manager
10
CEMENT MASONS
COLLECTIVE BARGAINING GAINING AGREEMENT
i i i
Operative Plasterers and Cement Masons
Focal 62 - Area 101(S)
And
ichiana Builders Association
and
Contractors
Effective
Jane 1, 2017 through May 31, 2020
TABLE OF CONTENTS
ARTICLE I
PREAMBLE AND DECLARATION OF PRINCIPLES
3
ARTICLE II
JURISDICTION
4
ARTICLE III
WAGE AND WELFARE
6
ARTICLE IV
MANAGEMENT RIGHTS
8
ARTICLE V
INTERNATIONAL DUES & WORKING DUES CHECK OFF
9
ARTICLE VI
HOURS OF WORK, OVERTIME, AND PAYMENT
9
ARTICLE VII
WORKING CONDITIONS
13
ARTICLE VIII
STEWARDSHIP
14
ARTICLE IX
SAFETY
15
ARTICLE X
APPRENTICESHIP
15
ARTICLE XI
MANAGEMENT OF PROJECT
17
ARTICLE XII
PRE -JOB CONFERENCE
18
ARTICLE XIII
GRIEVANCE AND ARBITRATION
18
ARTICLE XIV
SAVING CLAUSE
19
ARTICLE XV
DURATION
20
ADDENDUM 1
CODE OF CONDUCT
21
ADDENDUM 2
BCRC
24
SIGNATURE PAGE
25
APPENDIX A - WAGES
26
This agreement, made and entered into at the City of South Bend, Indiana, this first day
of June, 2017, by and between the Michiana Builders Association and other Contractors
who are signatory hereto, hereinafter referred to as the "Contractors" and the Operative
Plasterers and Cement Masons International Association Local #692 — Area #101,
hereinafter referred to as the "Local", agree that:
WITNESSETH that Preamble and Declaration of Principles, contained in Article
I hereof have been adopted and made part of this Agreement and Have been affirmed as
the principles under which the contracting parties agree to operate, based upon the
understanding that both parties have a common interest in furthering the construction
industry by establishing a working system for harmonious relations necessary to improve
and further the relationship between the Employer, Union, and the public which we serve.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I
PREAMBLE AND DECLARATION OF PRINCIPLES
Section L. This Agreement entered into between the above named parties is
for the purpose of preventing strikes and lockouts, and facilitating a peaceful and
adjustment of all grievances and disputes that may arise between the Employer and the
Employee in the building industry in the jurisdiction of the party of the second part, Local
#692 — Area #101, which includes the whole of St. Joseph, Marshall, Fulton, Elkhart,
LaGrange, Kosciusko counties and Southern one third of Pulaski county all within the
State of Indiana.
Section 2. Equal Employment Opportunity Rights: It is mutually agreed
by the "Employer and the Union that they will comply with (1) the Equal Employment
Opportunity Act of 1972 which amends Title VIII of the Civil Rights act of 1964, (2)
Presidential Executive Order #11246 and #11247, (3) Indiana Fair Employment Act; and
(4) Indiana Right to Work Act.
Section 3. Recognition. The EMPLOYER recognizes the UNION as the
exclusive majority representative of all employees covered by this Agreement in the
bargaining unit set forth in this agreement pursuant to Section 9(a) of the Labor —
Management Relations Act. This majority status has been established by the union's
unequivocal demand for recognition as majority representative, the Employers
unequivocal granting recognition of the Unions majority 9(a) status based on the Union
having shown or having offered to show an evidentiary basis of the Unions majority
support. Section 9(a) status may have also resulted based on a National Relations Board
certification that the Union is a majority representative of the bargaining unity covered by
this agreement.
3
Section 4. E Dual Representation: The Union realizing its duty under the
Labor — Management Relations Act of 1947, as amended and to the extent that it is the
representative, recognizes that it must represent all Employees in the bargaining unit
equally, without discrimination.
ARTICLE II
JURISDICTION
Section I. In the event of a jurisdictional dispute between the Union and any
other Union affiliated with the Building & Construction Trades Department, AFL-CIO,
the parties hereto agree to comply with the procedural rules and regulation of the
National Join Board for the Settlement of Jurisdictional Disputes.
For the purpose of complying therewith the following are the jurisdictional claims
of the Cement Mason agreements of record as contained in the "Green Book" of the
National Joint Board for the Settlement of Jurisdictional Disputes, and or any
jurisdictional agreement attested by the Impartial Umpire and signed by the O.P. &
C.M.I.A., and any other International Union signatory to the National Joint Plan.
(a) All Concrete construction, including foremanship of same, such as
buildings, bridges, silos, elevators, smoke stacks, curbs and gutters,
sidewalks, streets, and roads, paving alleys and roofs, of mass or
reinforced concrete slabs and all flat surfaces of cement, rock asphalt,
laying and spreading and finishing of all types of bituminous concrete,
including all types of asphalt floors and pavements, the operation and
control of all types of vacuum mats used in the drying of cement floors
in preparing same for finish, the operation of power driven floats and
troweling machines, laser screed (either self-propelled, drive able, or
walk behind) and vibrating screed, and operation of machines for
cutting joints in floors, slabs, and walks. The laying and finishing of
mastic flooring and all other types of resilient floor covering if laid
free hand, and all types of under layment including patching of all
holes in preparing for laying mastic and other types of floor coverings
on all concrete construction. The finishing, sandblasting for design
effect, or washing of all concrete construction, using any color
pigment when mixed with other process including operation of
machine for scouring floors, or any other purposes they may be used
for in connection with Cement Masons' trade. Members of the
bargaining unit shall perform all work pertaining to the caulking and
sealing of all expansion joints, saw-cut6s or hand tooled joints of all
concrete construction, regardless of the material, process, or tools used
to perform the work. All work pertaining to the curing of all concrete
and cement grouts, whether by chemical compounds, epoxies, or
otherwise, shall be part of the jurisdiction of the Cement Masons.
Also, members of the bargaining unit shall perform all work pertaining
4
to the stamping, stenciling, staining, acid etching, coloring dusting,
dusting washing (for the finishing process only), and release agents
applied to concrete under 28 days old, finishing, washing, curing, and
release agents for all concrete coatings and toppings and all work
pertaining to polishing all types of concrete under 28 days old, and all
work for which it has been given jurisdiction as determined by the last.
The rodding of all concrete and finishing of all top materials, sills,
coping, steps, stairs, and risers and running all cement and plastic
material six (6") inch base or less, preparatory work on concrete
construction, such as cutting of nails, wires, wall ties, etc., where
patching, finishing and/or waterproofing if done by trowel is
necessary, patching, brushing, chipping, and bushhammering, rubbing
or grinding if done by machine or carborundum stone, and the settle of
all strips, screeds, stakes, grades, curb forms, and any bulkhead that is
a single board in height and that has no keyway attached or which is
not notched and fitted, curb forms regardless of boards or regardless of
height, shall be set, braced or staked by the Cement Mason. All glass,
metal base plates and other materials, set in cement. The laying and
finishing of gypsum roofs and floors. The screening, finishing,
rubbing, grouting, pointing and patching of all prefabricated and
prestressed concrete construction on the job or transported to the job
from shops, such as sidewalks, steps, floor or roof slabs, beams, joists,
walls, and columns. All cement-mix-drypacking including tilt -up
concrete construction. The curing of finished concrete if done by
chemical compound and if done within twenty-four (24) hours after
finishing. The spreading, screading, darbying, floating or trowel
finishing of all types of magnesium, oxychioride, cement composition
floors, including all types of oxychioride, granolithic or terrazzo
composition floors, hand grinding or machine grinding. The
preparation of all floor surfaces, bonding, preparation and installation
of ground or base courses, steps, and cove base. The waterproofing of
all concrete by theroseal. Ironite and plasterweld and similar
materials, irrespective of tools, methods or colors utilized. Setting of
all expansion material when set to a grade in floors, walks, and
driveways. Gunnite when one and one-half (1 1/z") inches or less, and
all drypacking and grouting.
(b) The last paragraph (a) does not include any work done in and by
the usual method of plastering or shop craft.
(c) Pervious concrete all tamping, floating and leveling of all formed
or hard edges, all rodding, screeding or use of roller screeds to bring to
an elevation. All spraying of all surfaces for hydration control and all
material used in that application. All control joints either hand cut or
mechanical.
5
ARTICLE III
WAGES AND WELFARE
Section 1. Standard ra res: The wages for Cement Masons shall be the
amount set forth in Appendix A, Wages and Welfare of this Agreement as specified for
Cement Masons and Cement Mason Foreman.
Local #692 — Area #101 reserves the right to divert any of the aforementioned
monies to fringe benefits upon sixty (6) days notice to the Contractors.
Section 2. Health and Welfare. Fund: The employer agrees to contribute the
amount set forth under Article III — Section a: Wages and Welfare for each hour worked
into the Indiana State Council of Plasters and Cement Masons Health & Welfare Fund.
(a) If a National Health Care System becomes mandated to
employers and participants of the Union Health & Welfare
Fund in some way causing the plan to become obsolete or
unlawful, the parties of this Agreement will negotiate how the
contributions referenced in Article III will be redistributed
within the Agreement or elsewhere.
Section 3. Pension Fund: The employer agrees to contribute the amount set
forth under Article III — Section 1: Wages for each hour worked into the Indiana State
Council of Plasters and Cement Masons Pension Fund.
(a) Said Funds shall be administered as provided in Section #302 of the
Taft Hartley Act, as amended, to wit; an equal number of trustees
shall be appointed by the joint action of both parties hereto.
(b) The said fund shall be maintained only for the purpose of purchasing
any and all of the following benefits for and on behalf of said
employees.
(1) Group Term Life Insurance
(2) Disability Benefits
(3) Hospital Surgical and medical Care
(4) Pension
ALL MONIES, Health & Welfare, Pension, Apprentice, Industry, Employee
Assistance Program (BCRC.), Vacation, International Dues and Working Dues Deduct
shall be combined into one check made payable to the Indiana State Council of Plasterers
and Cement Masons Health & Welfare Fund. The reports and check must be mailed to
Morris Associates, P.O. Box 50440, Indianapolis, Indiana 46250 NOT LATE: that the
tenth (loth) of each month. If not received by the fifteenth (15`h) day of the month, it
shall be mandatory that Local #692 — Area #101 reserves the right to remove all
employee members of this agreement from the employment of the delinquent employer,
2
and the Union may demand payment immediately. Each week thereafter, the monies
shall be paid by "Cashiers Check until such time the Union feels the affected Contractor
is making effort to comply with the Contract. Each fringe benefit and contribution will
be itemized on regular forms furnished to the Contractors. It shall be a violation of this
Agreement not to treat all signatories equally under this clause.
Wage and Fringe Benefit Bond: In order to ensure the payment of the wages
and/or fringe benefits what are legally due under this agreement, the local union requires
and Employer to a surety deposit bond in the amount not to exceed Fifty Thousand
Dollars ($50,000.00). Said bond will be with a signed Agreement. "It is expressly
understood that the sole purpose of such bond is for the benefit of the Employees
working under this agreement and for the purpose of insuring that they receive the wages
and fringe benefits herein."
The Employers assign all right, title and interest in the Surety Bond to the Union
and Fringe Benefit Trust Funds, which shall have a priority interest to such Funds, and
supersede the claims of all Employers' creditors. Those Employers who have regularly
employed bargaining unit Employees under this or a predecessor or successor contract
during twenty-four (24) consecutive months and who have made all payments herein
required in a timely manner during that period are hereby exempt from furnishing a
Surety Bond until such time as they become delinquent.
Section 4. Foremanship and Scale: The first Cement Mason hired by a
Contractor shall receive Journeyman's scale. When there are two (2) or more Cement
Masons on a job, one will be designated Foreman and shall receive one dollar ($1.00) per
hour above scale. When there are eight (8) men, including the Foreman, the designated
Forman will receive one dollar and fifty cents ($1.50) above the Journeyman's scale. The
contractor has the right to change foreman at any time.
Section S.S. S ecial Materials. Any Cement Masons working on mastics,
composition, plastic, acidproof, colored hardening or nonskid material that is applied
prior to final finishing shall receive fifty ($0.50) cents per hour above Journeyman scale.
(a) Tools. Any Cement Mason using a dry grinder will receive twenty-
five ($0.25) cents additional per hour.
Section 6. Scaffolds: All swinging or hanging scaffold work except those
suspended by bean and double cable shall pay thirty-five ($0.35) cents per hour above3
scale up to 50 feet in height. Fifty ($0.50) cents per hour above scale over 50 feet.
Section 7. Administrative Fund: (MACIAF) Administrative or Industry
Fund in the amount set forth by the administrators of the fund in Article III — Section 1.
for each hour worked by the Employees in the bargaining unit shall be paid by the
Contractors each month.
Section 8. Increase/Decrease Benefits: Local 692 — Area 101 (S) and the
Association signatory to this Agreement may, by a written amendment signed by all such
7
parties, increase the hourly contribution rate to any of the Trust Funds by decreasing rate
for any of the other Trust Funds by the same amount. Any such changes shall not
increase the total per hour amounts paid by employers. The Union shall promptly give
notice to all contributing employers of any such changes.
Section 9. Vacation: The Employer agrees to deduct the amount set forth
under Article III — Section 1. Standard Wages.
Section. 10. Liquidated Damages, Audit and Collection: A liquidated damages
charge of fifteen percent (15%) is imposed for all delinquent payments of accounts
required to be paid hereunder. A payment is considered delinquent if not received at the
designated depository by the 20th day of the month following the end of the month when
the work was performed. The parties agree that the Trustees of the Fund numerated
herein have authority to alter the date upon which payments are considered delinquent
and the liquidated damages percentage to be assessed. Payment of said' liquidated
damages shall accompany the payment of the delinquent account. The parties
acknowledge that the amount of administrative cost imposed by late payments is difficult
to determine and that the fifteen (15%) percent liquidated late charge assessment is
seasonable under the circumstances.
In the event any Employer fails to pay fringe benefits as set forth in this
Agreement, and/or fails to have sufficient funds in the bank to pay checks issued to the
Employee's, the Union has the right to immediately withhold and withdraw the services
of its members from such Employer.
When an Employer becomes delinquent in the payment of fringe benefits, said Employer
shall then be required to pay each individual Trust Fund on a weekly basis. These
payments shall be mailed by certified mail to the respective fund offices.
The Employer agrees to submit, upon request, all requested records to the trustees of the
various funds or their designated agents or representatives for the purpose of conducting
audits to determine the Employer's compliance with the terms of this Agreement and the
various Trust Agreements.
If found to be delinquent, the Employer is obligated to pay all audit costs, attorney fees,
court costs and any and all other related costs incurred by the Funds in the audit and
delinquency process.
The parties acknowledge that the Trustees of the various funds applicable herein have full
authority and discretion in the manner in which they audit contractors and collect
delinquencies.
ARTICLE IV
MANAGEMENT RIGHTS
EMPLOYER and UNION agree that the EMPLOYER shall, at all times during
the term of this Agreement, retain the sole and exclusive right to manage the affairs of its
business and to direct its employees in the performance of their duties. Such
management rights shall include but are not limited to: the right to plan, direct, and
control construction operations; the right to determine the amount of work needed, to
change or modify schedules and working hours, to assign work, to assign foremen, to
establish and adjust shifts, and to require overtime when necessary to meet the customer's
requirements; the right to establish reasonable work rules and regulations for the purposes
of increasing efficiency, including rules for attendance, health and safety, use of cell
phones, smoking, and behavior/conduct; and the right to hire employees, transfer
employees, suspend employees, lay off employees, and discharge employees for just
cause. This list of specific management rights shall not restrict or be construed as a
waiver of any of the management rights not listed, except for those management rights
that are specifically restricted by other provisions of this Agreement or by the National
Labor Relations Act.
ARTICLE V
INTERNATIONAL DUES AND WORKING DUES CHECK OFF
AND INDEMNITY
Effective June 1, 2017, the EMPLOYER shall deduct the amount of International
dues and working dues (specified in Appendix A) from the paychecks of all employees
who have signed an authorization card permitting these deductions. UNION is solely
responsible for preparing the authorization cards, collecting the employees' signatures on
the authorization cards, and providing copies of the signed authorization cards to the
EMPLOYER.
The Union agrees to defend, indemnify, and hold harmless the EMPLOYER from
any and all claims, lawsuits, liability, expenses, damages, and/or attorneys' fees arising
from or related to the EMPLOYER's compliance with this Article.
ARTICLE VI
HOURS OF WORK, OVERTIME, AND PAYMENT
Section L.. Eight (8) hours shall constitute a day's work from 7:00 am to 4:30
pm with thirty (30) minutes for lunch, beginning four (4) hours after the starting time,
starting time may be advanced thirty (30) minutes or one (1) hour, if advanced starting
has been established as the regular starting time by this craft. Any Cement Mason
ordered to work during lunch period shall be paid the rate of double time. The standard
or regular workweek shall be seven consecutive 24-hour days beginning on Monday and
ending at midnight on Sunday. Normal working days will be Monday through Friday.
Section , (a). Shift Work: When so elected by the Contractor, multiple shifts
may be worked.
When two (2) or three (3) shifts are worked:
E
The first shift (day shift) shall be worked between the hours of 8:00 am and 4:30
pm. Workmen on the day shift shall receive eight (8) hours pay at the regular hourly, rate
for eight (8) hours worked.
The second shift (swing shift) shall be worked between the hours of 4:30 pm and
12:30 am. Workmen on the "swing shift" shall be guaranteed eight (8) hours pay at the
regular hourly rate for seven and one-half (7 1/z) hours work after commencement of the
work unless work is prevented by an act of God.
The third shift (graveyard shift) shall be worked between the hours of 12:30 am
and 8:00 am. Workmen on the "graveyard shift" shall be guaranteed eight (8) hours pay
at the regular hourly rate for seven (7) hours work after the commencement of the work
unless work is prevented by an Act of God.
A lunch period of thirty minutes shall be allowed on each shift. All overtime
work required after the completion of a regular shift shall be paid at one and one-half
times the hourly rate.
There shall be no pyramiding of overtime rates and double the straight -time rate
shall be the maximum compensation for any hours worked.
There shall be no requirement for a day shift when either the second or third shift
is worked.
Section 2 b). In places of business where the Contractor is unable to work
during regular working hours and must work at the convenience of the owner, this work
shall be done at the regular hourly rate plus 12% premium. Hours worked after midnight
shall be done at the regular hourly rate plus 15% premium.
Section 3. Call In Pay: Whenever a Cement Mason is hired or ordered to a
job and not put to work, the Employer shall pay him two (2) hours pay unless prevented
by strike or an Act of God, provided he remains on the job if requested. Any Employee
starting to work shall receive not less than four (4) hours pay, and any Employee working
after noon shall receive eight (8) hours pay. Men called to work after established noon
hour shall receive no less than four (4) hours pay unless prevented by strike or an Act of
god. Employees to receive a foresaid wages must remain on the job if required, and
perform any Cement Masons work as directed by the Superintendent or Cement Masons
Foreman.
Section 4. ;banning ,Tole: The Contractor or his representative and his
Cement Mason Foreman maintains the right to determine the amount of concrete to be
poured, however, no Contractor is to pour more concrete than can be finished by the
Cement Masons available at the time of pouring.
10
Section 5. Any Cement Mason called to a job after pouring has started shall
receive pay from the time the pour was started, providing that he has not worked
previously that day.
Section 6. No Journeyman shall be told to leave the job and return later unless
his is paid continuous time. When work extends beyond four (4) hours after established
quitting time, there shall be a thirty (30) minute lunch period.
Section 7. Holidays: All work done on Sunday, New Year's Day, Memorial
Day, Fourth of July, Labor Day, Thanksgiving Day, day after Thanksgiving Day, and
Christmas Day, or any day celebrated as such, shall be paid for at the rate of double time,
and under no consideration shall any work be performed on Labor Day. If it is necessary
to work on any of the above mentioned days, it shall be by mutual consent of both parties
tot his Agreement. If a holiday falls on Sunday it will be celebrated on Monday.
Section 8. Overtime:
(a) All work over eight (8) hours or after forty (40) straight time hours
weekly, shall be paid at the rate of time and one-half (1 1/2). All work
performed on Saturday will be paid at time and one-half, except when
being used as a make-up day.
(b) Saturday as a. Male- Da Saturday may be used as a make-
up day for only for Employees who have worked for the Employer
four or fewer days during the current pay period due to inclement
weather. Time and one-half will be paid for any time worked over
eight (8) hours or after forty (40) hours straight time, whichever comes
first, when using Saturday as a make-up day. Saturday as a make-up
day is at the sole option of the Employee, and no discrimination or
pressure of any kind will be used to persuade the Employee to work on
Saturday if it is not the Employee's desire.
(c) Overtime pay on Saturday may be denied to any Employee who
habitually calls off from work earlier in the week when work was
made available after the Employer and the Business agree there is a
pattern to the Employee's call -offs.
(d) The Superintendent and Cement Masons will coordinate the finishing
operation so that all employees have a thirty (30) minute opportunity
to eat anytime during the shift at the Employer's discretion, or
overtime will be paid as stipulated in Article VI, Section 1. The lunch
periods will be staggered by the employees as concrete allows.
Section 9. Pay ay When a Journeyman is to be discharged, he must be
notified and paid in full at least fifteen (15) minutes before quitting time. Journeymen
working after the regular quitting time on the day of lay-off or discharge shall be paid the
following day, either at a place mutually agreed upon, or mailed to Employee's residence.
When a Journeyman is to be laid -off and his Employer utilizes Direct Deposit, he will be
notified at least fifteen (15) minutes before quitting time and be paid in full on the
Employer's next regular pay day.
11
Section 10. Employer shall pay all Employees their wages each week on the
Employer's established payday and such payment shall be made during working hours on
the job where the Employees are working unless prevented by strike or Act of God, or
when direct deposit is utilized. Each Employee when paid shall receive a statement
showing the number of straight and overtime hours, the straight time hourly rate and all
deductions and payments required by law or this contract. When direct deposit is offered
by an Employer, Employees shall provide the Employer with sufficient information to
enable direct deposit of their wages. The Employer will process all such wages in
accordance with the terms of this agreement, in a timely manner and make the deposits
into the Employee's account on or before the normal required scheduled payday. The
Employer will mail the payroll statement to the Employee's designated mailing address
the same day as payrolls are deposited.
Section 11. Failure to comply with Section 9 and 10 of this Article, Contractor
will be subject to pay an additional two (2) hours pay for Employees waiting on their
check.
Section 12. Lost Time: No time is to be lost in moving from one job to
another and no lost time moving at lunch period.
Section 13. Travel Pay: Employees of this Agreement will be paid travel pay
if ordered to work outside the following counties of LaPorte, Starke, Pulaski, St. Joseph,
Marshal, Fulton, LaGrange, Kosciusko in Indiana and Cass County Michigan. This pay
will amount to the highest rate per mile driven to and from the jobsite as duly prescribed
by the Internal Revenue Service. The starting and ending point for calculating miles
driven will be from the Union Hall located at 1345 Northside Boulevard, South Bend,
Indiana. Furthermore, this travel pay will not be taxed as income.
Section 14. When a Cement Mason is ordered to work outside the jurisdiction
covered by this Agreement, the Employer shall pay the highest prevailing wage, plus
contribution to the Health and Welfare Fund. If no Health & Welfare Fund is operating
outside the jurisdiction governed by this Agreement, where the Employee is working, and
further should the area outside this jurisdiction have a higher rate, then in that instance,
the welfare contribution shall be deducted from the hourly wage rate set forth in Section
1 of Article III hereof.
Section 15. Coffee Break: There shall be a 10 minute coffee break each work
day during the first four (4) hour work period. The exact time shall be mutually agreed
upon between the job Steward and the job Superintendent, but shall be taken in the
immediate work area.
Section 16. Four / Ten Work Week: The employer may request a 4 day 10
hour work week, under the following guidelines. The employee must have the
opportunity to work 40 hour, if he does not, he shall work at regular over time rates.
When the employee has the opportunity to work a full 40 hours in 4 day then he shall be
paid 10 hours straight time hours per day. Friday shall be used as the make up day at
12
straight time rates. If shift work is required the rules of shift work time and pay will
apply. Saturdays and Sundays overtime rates still apply. The work week shall be Monday
thru Thursday also normal work hours rule will apply.
ARTICLE VII
WORKING CONDITIONS
Sec#:ion 1. Foremanship: When a contracting firm consists of two (2) or
more Cement Masons, only one (1) Cement Mason of the firm shall be allowed to work
with the tools. A contractor who is an experienced Cement Mason may act as Foreman if
he remains on the job and acts in the capacity of Foreman.
Section 2. Any and all Contractors having one or more jobs going at the same
time will have a Cement Mason Foreman on each job when Cement Mason or Masons
are working on said job. No Cement Mason shall act as Foreman on more than one job at
the same time. Second Foreman shall have no increase in pay until he has one or more
men working with him.
Section 3. The Foreman shall be an Employee within the bargaining unit as
defined by the National Labor Relations Act, as amended.
Section 4. The Superintendent or Contractor may inform the Foreman as to
what work is required. The Foreman shall take order from the Contractor and/or
Superintendent only, said Foreman with five (5) or more men shall not be required to use
the tools.
Section. 5. No Cement Mason or Cement Mason Foreman shall be required to
transport troweling machines or other kind of company equipment.
Section 6. No Contractor shall use any chloride or other chemical additive,
which makes the concrete set faster unless he notifies his Foreman in advance.
Section 7. All work shall be done in a good workmanlike manner and the
Employer shall allow a reasonable amount of time to have the same so done.
Section 8. No outside floor, sidewalk, or driveway pour shall start in weather
conditions of rain snow, sleet or hail, except by mutual agreement.
Section 9. Any concrete that is poured to an established grade such as
footings or walls shall be screeded or floated off by the Cement Mason.
Section 1.0.. Any ground or dock concrete pour that is sixteen (16') feet or over
in width shall have one (1) or more hard screeds set in it before pouring is started.
13
Section 11. All Contractors shall furnish all stones, brushes, bushhammers,
rods, derbies, long handled floats and brooms.
Section 12. The Cement Mason must have the proper tools for finishing
concrete, and setting of screeds and bulkheads.
Section 13. Cement Masons must follow the troweling machine after its last
troweling by the hand tool.
Section 14. No Cement Mason shall take orders from any labor Foreman.
Section 15. No Cement Mason shall be required to do labor work.
Section 16. When Cement Masons are not available, Plasterers shall be the
first to work.
Section 17. Unemployment insurance must be carried by all Contractors.
Section 1.5. Employees covered by this Agreement shall work for only
recognized and qualified Contractors or Employers who supply all material and labor,
and who shall carry reliable compensation and liability insurance on their Employees and
further shall conform to all municipal and state regulations pertaining to health and safety
regulations.
Section 1.9. Employees shall not work for any individual or Contractor who
does not abide by the provisions of this Agreement.
Section 20: OPCMIA "Code of Conduct" (Addendum 1) will be enforced at all
jobsites and shops. Cement Masons will conform to any current set local, state, or
national ordinances or laws.
ARTICLE VIII
STEWARDSHIP
Section 1. The Union shall have the right to appoint a Steward from among
the Employees of every job or shop. Steward shall be given sufficient time to see that
this Agreement is enforced. In no event shall a Steward be discriminated against by the
Employer for faithful performance of his duties as Steward. The Steward shall be given
an opportunity to work at all times that any other Employee or Employees in the
bargaining unit are working whether during or outside regular hours, in order to perform
his duties of this Agreement. Steward must be qualified to the work.
Section 2. Any duly authorized representative of the Local Union carrying
proper credentials shall be allowed to visit jobs during working hours to interview the
Contractor, Steward or men at work, but shall in no way hinder the progress of the job.
14
Section 3. The Business Agent shall be allowed to post a copy of the Local
#692 — Area #101 Working Agreements at the job site trailer or other conspicuous place.
ARTICLE IX
SAFETY
Section 1. All Contractors are to conform to current IOSHA safety standards.
Section 2. Any Employee being injured on the job and requiring medical
attention shall be paid for the time lost of the day injured on presentation of disability
order from the doctor.
Section 3. The Employer and the Union will negotiate the following
programs through the St. Joseph County Building Trades Association:
(a) An Employee Drug and Alcohol free workplace program as
per The BCRC
(b) Each employee covered by this Agreement will successfully
complete the most current CPR training program and CPR
retraining program as required under the terms of the
program.
(c) Each employee covered by this Agreement will successfully
complete the most current 10-hour OSHA Training and to
successfully complete retraining as required under the terms
of the program.
ARTICLE X
APPRENTICESHIP
Section L Apprenticeship and Training Program: The Apprenticeship and
Training Program is an organized, written plan embodying the terms and conditions of
employment and training, and supervision of one or more apprentices, designated as
Apprenticeship Standards for Cement Masons Local #692 — Area #101 South Bend.
There will be a State Joint Apprenticeship Committee consisting of the "Board of
Trustees" of the Agreement and Declaration of Trust. There shall be an Area Joint
Apprenticeship, and Training Committee, with equal representation from the Employers
and the Union, and this Committee shall administer the apprenticeship and training
programs for its Area. The "Duties of the Area Joint Apprenticeship Committee" is
written in the Apprenticeship Standards.
15
The Area Joint Apprenticeship Committee shall have full power to act on matters
pertaining to the transferring of apprentice(s) from one job to another in order to provide
diversity of training and work opportunities.
One (1) apprentice shall be allowed each employer for the first journeyman
cement mason working the job and one (1) additional apprentice to each three (3)
additional journeyman cement masons working on the job. The ration may be waived by
the local joint apprenticeship committee for a temporary period of time if the need arises.
The State Board of Trustees Coordinator shall be notified as to the wavered rational and
the period of time it is to be in effect.
All apprentices must attend all schooling and/or off -the -job training required by
the relevant Area Joint Apprenticeship & Training Committee.
On any job where there are two (2) or more journeymen working, Local Area
#101 South Bend reserves the right to place one (1) apprentice on such job.
The Apprenticeship Standards may be registered with the Bureau of
Apprenticeship and Training, Employment Training Administration, U.S. Department of
Labor.
Section 2. Apprenticeship, Wages
1" Period 0 to 800 Hrs
2nd Period 801 to 1600 Hrs
3rd Period 1601 to 2400 Hrs
4th Period 2401 to 3200 Hrs
51h Period 3201 to 4000 Hrs
61h Period 4001 to 4800 Hrs
7th Period 4801 to 5600 Hrs
60% of Journeyman Rate
70% of Journeyman Rate
75 % of Journeyman Rate
80% of Journeyman Rate
85% of Journeyman Rate
90% of Journeyman Rate
95 % of Journeyman Rate
+ 100% Benefits
+ 100% Benefits
+ 100% Benefits
+ 100% Benefits
+ 100% Benefits
+ 100% Benefits
+ 100% Benefits
When classes are in session during the school, the apprentice(s) must
satisfactorily complete related technical training prior to receiving period wage increases.
Classes will be held from January — December each school year for a minimum of 144
hours per year; for 3 years, totaling a minimum of 432 hours over the term of
apprenticeship.
Sect on 3. Apprenticeship & Training Trust Fund: The parties' signatory
hereto to participate and be a party to the "AGREEMENT AND DECLARATION OF
TRUST — OP & CMIA LOCAL UNION #692 CEMENT MASON APPRENTICE
TRAINING AND JOURNEYMAN RETRAINING EDUCATION FUND". Each
signatory party will receive a copy of the AGREEMENT AND DECLARATION OF
TRUST. The AGREEMENT AND DECLARATION OF TRUST and the Fund are
created, established and maintained, for the purpose of providing such benefits as now
are, or hereafter may be, authorized and permitted by law for Participants and in
accordance with its provision written within and in the Apprenticeship Program,
16
Journeyman Upgrading Training Program and in the Funds other rules and regulations
authorized and/or created within the AGREEMENT AND DECLARATION OF TRUST.
It is understood, however, that the Journeyman Upgrading Training Program will be
created and maintained at the discretion of the Trustees of the Fund, as opposed to the
Apprenticeship Training Program whose existence is mandated by this Trust Agreement.
All Employers subject to the terms of this agreement shall contribute the amount
of monies specified as the Apprenticeship Fund under Article III entitled Wages &
Benefits shall be made in a manner prescribed by the BOARD OF TRUSTEES of the
AGREEMENT AND DECLARATION OF TRUST but shall be reported upon the same
reporting form as is used in reporting contributions to other fringe benefits and
Employers may be privileged to make contributions to separate funds in the a single
payment by bank check.
Should the APPRENTICESHIP PROGRAM, for any reason, be abandoned at the
State level, the contributions called for herein shall be disbursed in the manner set forth in
the most current Trust Document.
ARTICLE XI
Section L, Management of Pr2ject: The Employer retains full and exclusive
authority for the management of his operations. Among the items to be observed as
guidelines for the operation of work conduct on the job, the following shall apply:
(a)
The selection of craft Forman shall be the responsibility of
the employer.
(b)
Workmen shall be at the place of work at starting time and
shall remain at their place of work until quitting time.
(c)
There shall be no limitation production by workmen nor
restriction on the full use of tools or equipment. There shall
be no restriction other than they will be required by safety
regulations on the number of men assigned to any crew or to
any service.
(d)
A Steward shall be qualified workman performing the work
of his craft and shall exercise no supervisory function. There
shall be no non -working Stewards.
(e)
Each Employee is expected to give a full day's work for a
full day's pay. Any violation of the work starting and
stopping time shall be grounds for termination.
(f)
There will be a five (5) minute "pick-up" time at the end of
each day and no Employee shall be allowed to leave the job
site prior to the established quitting time.
(g)
Hiring and Notice. The Employer agrees to notify the Union
of opportunities for employment, and give the Union the
17
opportunity to refer qualified applicants for employment.
The Employer shall have the sole and exclusive responsibility
for hiring. Whenever possible the Employer shall advise the
Union of all available job openings and job requirements at
least 24 hours prior to the Employer filling such job
requirements that cannot be filled by resent or previous
Union Members.
(h) The employer shall have the right, if he elects to do so, bring
in Cement Masons from out side the territorial jurisdiction of
Area 101S in a number not to exceed fifty percent of the
employees to be employed by the employer with respect to a
crew assigned to a given project; if the crew has an odd
number, the odd person will be supplied by Area 101 S
Cement Masons.
ARTICLE XII
PRE -JOB CONFERENCE
Section I. Pre -job Conference: If the Union or the Employer elects a pre -
job conference prior to commencement of work, it shall be held. At the pre -job
conference, the Employer shall advise the Union of its requirements as to the workmen
required in the respective classification, the probable starting date, duration of the job and
working schedules.
ARTICLE XIII
GRIEVANCE AND ARBITRATION
Section L If any differences, disputes, or complaints arise over the
interpretation or application of the contents of this Agreement, there shall by an earnest
effort by both parties to settle the same with the following steps:
(1) The Steward representing the Local Union and the representative of
the Employer, shall make the immediate effort in an amicable manner to
settle the issue.
(2) If the issue cannot be resolved by the Steward and the Employer's
representative, it shall be referred to and considered by a representative of
the Employer and the business representative of Local Union within 48
hours.
(3) If the issue cannot be resolved by the business representative and the
Employer within two (2) calendar days, the grieved party shall have the
right to submit the issue to arbitration. The party requesting the arbitration
shall request the Federal Mediation and Conciliation Service submit a
panel of five (5) individuals, any one of whom could act as arbitrator. The
party requesting arbitration shall immediately strike two names from such
list and the parties shall immediately alternately strike two (2) names from
the list until one name is left, and that individual shall be the arbitrator.
(4) The arbitrator thus selected shall hold a hearing upon the issue making
such investigation as he shall deem necessary to a proper decision and
render his decision in writing, which will be final, and conclusively
binding upon the parties to this Agreement. Namely, the Union, the
Employer, and the Employees.
(5) The expense of the arbitrator shall be borne by the losing party.
(6) The Local Union and the Contractors agree that there shall be no
strikes or lock -outs during the life of this Agreement and that all disputes
arising under this Agreement shall be settled through the grievance
procedures set forth above with the following exceptions:
(a) Where a party refuses to process a dispute under the
terms of this Article.
(b) Where a party refuses to abide by an award or decision
of the arbitrator.
(c) Where an Employer fails to make, when due, any
payments required under this Agreement, including wage
and fringe benefit payments.
As to each of the above exceptions, the no -strike clause will not be applicable and
the Union shall be free to peaceably picket and/or strike.
Section 2. Sub -Contractor: The territorial and occupations jurisdiction of
the Union as stated in this Agreement shall be recognized to the end that the Employer
agrees that it shall not use for the performance of such work, any person, company, or
concern that does not observe the same wages, fringe benefits, hours and conditions of
employment, including work jurisdiction, as enjoyed by the Employees covered by this
Agreement.
ARTICLE XIV
SAVING CLAUSE
Section 1.1.. Any provision contained herein that is contrary to or held to be in
violation of the Labor Management Relations Act of 1947, or any Federal or State Law
now in force or hereafter enacted, or hereafter becoming effective shall be void and of no
force or effect, and this contract shall be construed as if said void provision were not a
19
part thereof, it being intended, however, that the other provisions of this contract shall not
be affected thereby. It is further agreed that should compliance with any Federal or State
Law, or any amendment thereof, or any other regulation issued hereunder, nor or
hereafter in force and effect, prohibit the carrying out of any of the provisions of this
Agreement then to the extent of such deviation or prohibition, this agreement shall be
deemed to have been automatically amended, effective on the effective date of such law,
order or regulation.
ARTICLE XV
DURATION
Section l.. This Agreement shall become effective June 1, 2017, and shall
continue in full force and effect to including May 31, 2020, and from year to year
thereafter unless either party signifies, by written notice, a desire to terminate or modify
this Agreement sixty (60) days prior to May 31, 2020, or May 31, of any subsequent year
thereafter.
Section 2. The Michiana Builder Association, Inc., signs this Agreement as
agent for and with the consent of each of the member Contractors thereof. Each
Contractor member of the Association shall live up to and perform the terms of this
Agreement, but no Contractor shall be required to make any performance for any other
Contractor.
Section 3. In approving this Agreement as to form and substance, the
International Association, its officers and agents, shall not in any manner hereby become
a party to the Agreement, nor shall there by any duty, liability obligation imposed upon
the International Association, its officers or agents, respecting the terms and conditions of
the Agreement in any manner whatsoever. The approval by the General Executive Board
as to form and substance is only for the purpose of indicating that the International
Association certifies that the said Agreement is not in violation of the International
Constitution and By -Laws and is approved as to form and substance for that purpose only
and no other.
Section 4. This Agreement is being signed in several counterparts, each of
which shall be considered as an original.
Section 5. This represents the entire agreement of the parties, it being
understood that they're in no other Agreement or understanding, either oral or written.
The Employer understands that the Union is a fraternal society and as such, and in
keeping wit the provisions of the National Labor Relations Act, as amended, has the right
to prescribe its own rules and regulations with respect to the acquisition or retention of
membership in the Union or with respect to any other matters for its own use. However,
such rules or regulations, whether contained in a by-law, constitution, or otherwise, shall
have no effect, directly or indirectly, upon this Collective Bargaining Agreement, any
employment relationship or the relationship between parties.
20
ADDENDUM 1
CODE OF CONDUCT
"Promoting Pride in Craftsmanship and Customer Satisfaction"
Introduction
The purpose of the Operative Plasterers' and Cement Masons' Code of Conduct is to
stimulate our members pride in craftsmanship and customer satisfaction.
Fostering membership pride in our plasterers, cement masons, and shop hands is key to
our survival. To achieve this goal our Local Union Officers must implement this Code of
Conduct immediately, uphold it strictly, and apply it consistently. The result will be to
increase our members self worth, bolster quality craftsmanship, improve working
conditions, leverage higher wages and benefits, and create increasing work opportunities
for our members. It will also benefit our contractors by increasing their productivity,
ensuring timely job completions, keeping projects within (or under) budget, and
providing them with reliable, quality craftsmanship.
To be successful, the Code of Conduct must have the full support of the Local Union at
all levels. Officers must wholeheartedly dedicate themselves to this task by "setting the
standard" and acting as role models for the membership.
Any member found in violation of the Code will be subject to the disciplinary procedures
of the International and Local's Constitution which includes, but is not limited to, charges
being filed and the possibility of a fine, suspension, and/or expulsion. While charges
may be brought at any time a three strike policy shall be in effect. This means that any
member who has three written complaints filed by Employers shall face disciplinary
charges and after a hearing may be fined, suspended or expelled.
Res onsihilitics; under the Code
Both the union and contractor have responsibilities under the Code. For the Code to be
mutually beneficial, both parties must take their respective duties seriously, and
communicate with the other party constructively and on a consistent basis.
Local Union Responsibilities
The Business Manager and Business Agents are responsible for communicating the
OPCMIA Code of Conduct to all members, and ensuring they are fully compliant.
To achieve the goals of the Code, the Business Manage and Business Agents shall ensure
that:
• Members shall apply their knowledge, skills, and experience diligently on the job.
+ Members shall make every effort to upgrade their skills on a regular basis.
21
• Members, especially those with extensive experience in the trade, shall convey
their knowledge and skills of cement masonry and plastering to their colleagues to
strengthen the overall value of the OPCMIA's workmanship as well as encourage
teamwork.
• Members meet their responsibility to their fellow workmates and contractors by
arriving on time fit for work.
• Members strictly adhere to break times and lunch periods allowed in their
contract(s) and agreement(s).
• Members bring the necessary tools as established on the tool list, and ensure they
are in proper working order prior to arriving on the job.
• Members abide by the zero tolerance policy for substance abuse.
• Members perform consistently productive work, keep idle time to a minimum,
and make every effort to eliminate unnecessary disruptions on the job.
• Members respect the property of the customer, and are fully aware that graffiti
and other forms of destruction are not tolerated.
• Members respect their union, their contractors, and their clients by not wearing
clothing or buttons with offensive words or symbols.
The Business Manager and Business Agents, in cooperation with Employers on the
jobsite, will approach members who demonstrate bad work habits, advise them of their
responsibilities as union members, and provide guidance and direction.
In addition, the Business Manager and Business Agents shall ensure that:
• Slowdowns and other methods utilized to extend jobs or give rise to overtime are
not tolerated.
• Outside activities that case the OPCMIA or its local unions in a negative light are
not tolerated.
• Inappropriate behavior, harassment, or discrimination exercised towards another
member or person, or group of members or persons are not tolerated.
• Members are meeting their contractual obligations to utilize the proper safety
equipment and methods.
• Members are not leaving the jobsite during their work periods without the prior
approval of their superior(s).
• No member is soliciting funds on any project or job without prior approval.
• Cell phones are not used on the project site, except during official lunch and break
periods.
• Merchandise is not sold on the job site without the prior approval of the Business
Manager.
Contractor's Responsibilities
Our signatory contractors have a responsibility to manage their jobs as well as our
members who work on their jobs. This task will be made easier by adhering to their
responsibilities under the Code, including:
22
• Addressing ineffective superintendents, general foremen, and foremen.
• Ensuring proper job layout to minimize downtime.
• Ensuring the proper storage of contractor as well as employee tools.
• Ensuring the appropriate number of employees are on the jobsite to perform the
work efficiently, economically, and safely.
• Providing the necessary leadership and training skills for jobsite leaders to
eliminate problems.
• Ensuring that the proper types and quantities of tools and materials are available
on the site to facilitate speedy progress.
• Ensuring that jobsite leaders take responsibility for mistakes created by
management and rectify them expeditiously.
• Eliminating unsafe working conditions and ensuring that the proper safety
training, equipment, and methods are used.
• It shall be the employer's responsibility whenever a member has violated the
Code of Conduct to report such violations immediately by providing the
responsible Local Union with a letter detailing the alleged violation(s) and the
circumstances surrounding.
Ibis uxte Resolution Mechanism
Both the OPCMIA Local Unions and the signatory contractors have obligations
respecting the resolution of disputes. In the early stages of a dispute, our Local Unions
must actively facilitate dialogue between its members and the contractors. Similarly,
contractors should promptly address any and all problems and issued of concern as they
arise. If these initial remedial actions of the Local Union and contractor fail to resolve
the matter, the parties will pursue their respective remedies under the collective
agreement(s).
23
ADDENDUM 2
BCRC
Section 1. (A) Various Employer Associations and the Union are members of Building
and Construction Resource Center, Inc. (hereinafter "BCRC"), a non-profit corporation
that was formed to provide services in the construction industry, including, but not
limited to, education and referral services concerning alcohol, drug, and other substance
abuse, which purposes are more fully defined in the Articles of Incorporation and By -
Laws of said BCRC and Fund Trust Agreement and Declaration of Trust.
(B) Each employer under this Agreement shall pay to BCRC the amount
specified in the wage and fringe benefit section of the Agreement .10 cents per hour for
each hour worked by its employees covered by this Agreement. Each Employer is
obligated to make such contributions, regardless of whether or not such Employer is a
member of BCRC.
(C) Payments required to be made to BCRC shall be deemed to be governed
by the provisions of this Agreement pertaining to the collection of the Health and Welfare
and Pension payments required to be made by the Employers and thus, may be enforced
in the same manner.
(D) The Board of directors of BCRC will have full audit authority of the
Employer's books and records as they pertain to this contribution.
(E) The Employees covered by this Agreement will abide by the provisions
of the BCRC substance abuse program when required by the Owner.
24
SIGNATURE PAGE
IN WITNESS WHEREOF THE PARTIES SET THEIR HANDS AND SEAL THIS
DAY OF $ 20
FOR THE MICHIANA FOR THE
BUILDERS ASSOCIATION UNION
25
APPENDIX A
ARTICLE III
WAGES AND WELFARE
OPERATIVE PLASTERERS & CEMENT MASONS LOCAL #692
AREA #101 SOUTH BEND INDIANA CEMENT MASONS
June 1, 2017 through May 31, 2018
Section J . Wages and Benefits
The following amounts outlined for each Area shall be paid for each hour worked by
each employee.
Area 101S
Journeyman
$
28.14
Foreman
$
29.14
2"d Foreman (10 or more)
$
29.64
Health and Welfare
$
6.73
Pension
$
6.60
Apprenticeship Fund
$
0.60
Industry Fund (MACIAF)
$
0.15
B.C.R.C.
$
0.10
Vacation Pay (Deduct)
$
2.25
Working Dues (Deduct)
$
2.33
International Dues (Deduct)
$
0.42
TOTAL PACKAGE
$
42.32
Effective June 1, 2018 there will be a one dollar twenty-five ($1.25) cent increase to be
disbursed as voted by the membership.
Effective June 1, 2019 there will be a one dollar twenty-five ($1.25) cent increase to be
disbursed as voted by the membership.
The contribution rates set forth for each hour worked covered by this Agreement for Area
101S for Health & Welfare, Pension, Vacation Apprenticeship, Dues Check -Offs,
Industry Fund, and BCRC shall be combined into one check made payable to the Indiana
State Council of Plasterers & Cement Masons H&W and Pension Fund (ISC P&CM
H&W Fund) and mailed to HealthSCOPE Benefits @ P.O. Box 50440, Indianapolis,
Indiana 46250.
The Union reserves the right to divert any future increase from wages to benefits upon
thirty (30) days written notice to the contractor.
26
AGREEMENT
BETWEEN
NORTHWEST INDIANA
CONTRACTORS ASSOCATION, INC.
AND
THE INTERNATIONAL
ASSOCIATION OF BRIDGE,
STRUCTURAL, ORNAMENTAL
AND REINFORCING
IRON WORKERS
Local Union No. 395
June 1, 2014 to May 31, 2019
AGREEMENT
BETWEEN
NORTHWEST INDIANA
CONTRACTORS ASSOCATION, INC.
THE INTERNATIONAL
ASSOCIATION OF BRIDGE,
STRUCTURAL, ORNAMENTAL
AND REINFORCING
IRON WORKERS
Local Union No. 395
June 1, 2014 to May 31, 2019
To is Page
ink page
Accounting Department 89 6
Jurisdiction-------------------- 5-6
Agreement -------------------------------------- 1
Length of Contract ----------- ,------------ 84-85
Annuity- ---- - - -------------- ------
Live Tracks-----------------------------------63
Apprenticeship Manning---------------------53
Lon Span Bar Joist -------------------------- 62
Apprenticeship--------------------------76-77
Material Sorting/Distribution ----------- 66-67
Apprenticeship Training Fund ---------- 23-24
New Project ----------------------------------- 65
Asbestos Exposure-------------- 62
Non -Discrimination ----------------------------
Bar Joist--------------------------- 62
Non -Union Dues Deduction ------------- 75-76
BCRC--------------------------------------- 28-30
Overhead Cranes -------------------------- 56-58
Cell Phones ------------------------------------ 63
Overtime/Holidays ------------------------ 13-14
Check -Off Assignments ----------------- 31-33
Pay Day ------------------------------------ 42-46
Compensation Insurance ---------------- 70-71
Payments of Contributions -------------- 37=41
Contributions & Deductions ------------ 38-42
Payroll Deduction ------------------------- 15-18
Crawler Crane------------------------------ 55
Pension Plan----------------------------20-23
Delinquencies ------_------------------38-41
Physical Examination--- ---- --- -- 72
Drinking Water/Rest Rooms/Clothes
Piecework -------------------------------------- 42
Eye Glasses ----------------------------67-70
Planking Floors---- -------- -----------54
Elevator Shaft Protection- ----- ---- ----56
Pre Job ------------------------------------------ 66
Foreman------------------------------------ 49-50
Preamble -------------------------------------- 1-2
Fringe Benefits--------------------------15-18
Protection of Signal Devices------- --- --56
Furnishing Bond ---_--------------------33-37
Protection of Union Principles ---------- 74-75
Guy & Stiff Leg Derricks------------------ 51
Recognition-------------------- 34
IMPACT ----------------------------------- 30-31
Re -Fabrication --------------------------------- 78
Industry Fund-------------------------27-28
Referral by Union -_-----_--_------------85
Job Steward ------------_------- -----72-74
Reporting Time-------------- --------46-49
Riding Load/Load Falls---- ------------ 61
iNk Page TOE Page
Riveting Gangs -------------------------------- 52
B
Safety Meetings ------------------------------- 54
Safety Provisions ------------------------- 54-63
Scope of Agreement ---------------------- 82-83
Settlement of Disputes ------------------- 78-81
Shift work ----------------------------------- 9-12
Shipping Employees ----------- i-------------- 64
Signatory Association ------------------------ 86
Signatory Page -------------------------------- 88
Slings------------------------------------------- 54
Standards of Excellence ----------------------- 4
Stiffening & Supporting Working
Load Points -------------------------------- 61
Strikes/Lockouts -------------------------- 81-82
Sub -Contractors --------------------------- 77-78
Termination Clause -----------------------24-25
Territory -------------------------------------- 6
ToRoom ------------------------------------- 61
Tools-------------------------------------------- 60
Transportation _----.--------. _------ --------
64
Union Representative ------------------- —72
Unscheduled Weekend Work ------------ 14-15
Vacation Fund ----------- =-----------------25-26
Visiting Doctor -------------------------------- 71
Wage Rates -------------------------------- 15-18
Welding & Burning ---- ------------------ 58-60
Welfare Plan------------------------- ----18-20
Work Hours Per Day ----------------------- 7-8
Work Limitations ----------------------------- 42
AGREEMENT
conditions herein set forth at wages
The Agreement is made and entered
herein agreed upon also, that stable
into this 1 st day of June, 2014, by and !
conditions may prevail in the building
between the NWI Contractors
industry and building costs may be as
Association, Inc., hereinafter referred to
low as possible, consistent with fair
as the "Employer" and Local Union No.
wages and conditions, and further the
395 of the International Association of
establishment of the necessary
Bridge Structural Ornamental and
procedures by which these ends may be
Reinforcing Iron Workers (affiliated
accomplished.
with the AFL-CIO), hereinafter referred
to as the "Union".
NON-DISCRIMINATION
No term of this agreement shall be
PREAMBLE
applied to discriminate against an
This agreement is entered into by
employee, or applicant for employment,
collective bargaining to prevent strikes
based on consideration of his race, creed,
and lockouts and to facilitate peaceful
color, sex, age, membership in any
adjustment of grievances and disputes 9
lodge, fraternity, or national origin.
between Employer and Union in this
The parties shall comply with
trade and to prevent waste, unnecessary
applicable Federal and State Statutes and
and avoidable delays and expenses, and
the orders and regulations issued by the
so far as possible, to provide for labor's
administrative agencies of competent
continuous employment, such
jurisdiction to bar said discrimination.
employment to be in accordance with the
2
RECOGNITION
The Employer recognizes the Union as
the sole and exclusive bargaining agent
for all employees employed in work
covered by the occupational jurisdiction
of the Union by Employer who are now
members of the Association or such
Employer as may hereinafter become
members of the Association. The Union
recognizes the Association as the sole
and exclusive bargaining agent for their
members and for such other firms,
persons or corporations as may hereafter
become members of the Association.
The parties agree that the collective
bargaining unit covered by this
Agreement is a single multi -employer
bargaining unit consisting of Employers
represented by the Contractor's
Association that are bound to this
Agreement, including any individual
Employers who are not members of the
Association but who sign the Agreement
and agree to be bound to it in writing.
Local Union #395 recognizes the
Employer as authorized to act in
collective bargaining negotiations for all
their members and for non-member
Employers who agree to sign the
Agreement or agree to be bound to it in
writing.
STANDARDS OF EXCELLENCE
There shall be a partnership between
officers and members of the Union and
the Contractors to participate in
programs and initiatives intended to
improve productivity, safety, quality and
the overall betterment of the construction
industry.
(A) Standard of Excellence: Every
Local #395 Ironworker will agree to the
principles and ideals of the Ironworkers
Standards of Excellence by signing a
participation agreement.
3 4
u
JURISDICTION
Section I. It is agreed that the
jurisdiction of work covered by this
agreement is that provided for in the
charter grant, as amended, issued by The
American Federation of Labor to the
International Association of Bridge
Structural Ornamental and Reinforcing
Iron Workers.
Jurisdictional disputes will be settled
according to PLAN FOR THE
SETTLEMENT OF JURISDICTIONAL
DISPUTES IN THE CONSTRUCTION
INDUSTRY INCLUDING
PROCEDURAL RULF,S AND
REOiJLATIONi S approved by the
Building and Construction Trades
Department, AFL-CIO, shall be known
as "the Plan". When a jurisdictional
dispute involves any Union or Employer
not a party to the procedures established
by "the Plan" and is not resolved
between the Unions, it shall be referred
for resolution to the involved
International Unions, with which the
disputing Unions are affiliated. The
resolution of the dispute shall be reduced
to writing signed by representatives of
the involved International Unions and
the Employer.
TERRITORY
Section II. The territory covered by this
agreement shall be the territorial
jurisdiction of Local No. 395 which
extends from Lake Michigan on the
North to Route 114 South of Lake
Michigan on the South, and from the
Indiana -Illinois State Line on the West to
Three (3) Miles East of Indiana Route
No. 421 on the East.
5 1 6
WORK HOURS PER DAY
Section III. (A) Eight (8) hours shall
constitute a day's work, from 7:00 a.m.
to 3:30 p.m. with the consent of the
Union Representative. Starting time
may begin between the hours of 6:00
a.m. and 9:00 a.m. by written notice to
the Union Representative. The workers
must be dressed and ready to work at the
designated starting time.
(B) Changes in the work hours per day,
in special cases, and/or changes in the
normal work day, not however to exceed
an eight (8) hour day, may be made to
meet special conditions upon application
to and approval of the General Executive
Board. If proof of application is not
submitted within twenty-four (24) hours
after the change of shift, all hours
worked will be paid at the appropriate
overtime rate, time and one half Monday
through Saturday and double time on
Sunday and Holidays. International
Association of Bridge Structural
Ornamental and Reinforcing Iron
Workers, 1750 New York Avenue, Suite
400, Washington, D.C. 20006,
telephone (202) 383-4800, telefax (202)
347-1496; Iron Workers Local 395, 6570
Ameriplex Dr., Portage, Indiana 46368,
telephone (219) 763-7900, telefax (219)
763-7999.
(C) There will be no staggering of the
first shift lunch break, except by mutual
agreement of the Union Representative
and the Employer, a half-hour deviation
prior to or after the normal lunch break
may be granted. If there is a deviation
from the standard lunch break the
employee shall be paid at the prevailing
overtime rate for the half-hour normally
used for eating.
(D) No employee shall be scheduled
for more than sixteen (16) consecutive
hours without consent of a Union
Representative.
7 I 8
SHIFT WORK
Section IV. (A) When two (2) shifts are
employed each shift shall work seven
and one-half (7 1/2) hours for eight (8)
hours pay at regular time; when three (3)
shifts are employed, seven (7) hours
shall constitute a day's work for each
shift for which a regular wage of eight
(8) hours shall be paid or a proportionate
part thereof for time worked. When
multiple shifts are worked three (3) days
or more in a single work week; Saturday,
Sunday or recognized holidays the
following shall apply: (1) Double the
straight time rate of wages shall be
applied beginning on Saturday at 12:00
a.m. (2) When two (2) shifts are
employed, each shift shall work seven
and one-half (7'h) hours for eight (8)
hours pay at double the straight time rate
of wages. (3) When three (3) shifts are
employed, each shift shall work seven
(7) hours for eight (8) hours pay at
double the straight time rate of wages or
a proportionate part thereof for time
worked.
All hours worked between the hours of
12:01 a.m. Sunday and 12:00 midnight
Sunday on one (1), two (2), or three (3)
shift jobs shall be paid at the rate of
double time. On multiple shift projects,
a shift differential of $0.50 per lour will
be added to the second shift employees.
A shift differential of 1.00 per hour will.
be added to the third shift employees.
When single shifts are worked outside
the standard work day, such shifts shall
be treated as second or third shifts, based
on whichever time frame the majority of
straight -time hours fall in. Accordingly,
shift additives as well as the one -hall'
hour second shift differential and the one
(1) hour third shift differential are
payable on single shifts worked on this
basis. Further, shift additives are
payable on overtime shifts performed on
9 10
Saturdays, Sundays and Holidays, the
period. When multiple shifts of eleven
same as shifts worked during the
01) hours or more during a work day, the
standard work week.
(B) Not more than one (1) shift shall
same lunch arrangements shall be in effect.
be allowed on a job of less than five (5)
(D) When a single shift on highway
or bridge work is scheduled outside the
days duration except in case of an
standard workday, 7:00 am-3:30 pm, and
emergency, which shall be decided by
will be of three (3) days duration or less,
The General Executive Board. In
the employee shall be paid at the
localities where the work is less than
appropriate overtime pay rate for all
eight (8) hours per day, the hours on shift
hours worked outside the normal
work shall be shortened proportionately.
workday schedule. If an employee is
(C) When a shift of eleven (11) or
asked to work an additional shift and is
more hours is worked on any job,
not given a seven hour rest period
employees shall be allowed a paid,
I between shifts, the shift following the
unworked half-hour lunch period
short rest period will be paid at premium
commencing four hours after the start of
time, even if it is the employee's
the shift.
"regular" shift.
A second paid and unworked half-hour
lunch period shall be granted on or about
the eighth hour after the start of the shift.
Employees shall be paid by the clock,
i.e., they will be paid for each hour they
are on the project site including lunch
11 12
OVERTIME AND HOLIDAYS
Section V. (A) Time and one-half shall
be paid for any and all work in excess of
eight (8) hours on any regular work day
and for all time worked on Saturdays.
All hours worked on Sundays and the
following holidays: New Years Day,
Mmorial Day, 0 of July, Thanksgiving
Day and Christmas Day shall be paid at
double the straight time rate.
No work shall be performed on Labor
Day, except to save life or property, and
with the consent of a Union
Representative. Any hours worked on
Labor Day shall be paid at double the
straight time rate.
Any holiday that falls on Sunday, shall
be recognized on the following Monday,
and if worked employees shall be paid at
double the straight time rate.
(B) Plant holidays shall not be subject
to show -up time if beyond the
contractors control. If'employees have
been told not to work on a plant holiday,
then are called out to work on a
recognized plant holiday the employees
shall be paid at the appropriate overtime
rate, time and one-half Monday through
Saturday and double time Sunday.
UNSCHEDULED WEEKEND
WORK
Section VI. Unscheduled weekend work
shall be interpreted as any work an
Employer is to man after normal
working hours on Friday continuing
through the weekend.
Every effort to give complete
renumeration to the Employees will be
made by the Employer upon lay-off. If
actual hours worked exceed the
estimated completion time, checks may
be issued for the estimated hours.
Checks for the remaining hours shall be
hand delivered to the Union Hall no later
than 11:00 a.m. of the next regular
13 14
working day. Employees not receiving
proper renumeration at that time are
entitled to receive four (4) hours pay at
the applicable straight time rate and an
additional four (4) hours pay each
twenty-four (24) hour waiting period.
Any employee called out for unscheduled
weekend work shall receive no less than
eight (8) hours pay per day at the
applicable rate, except when the employee is
employed on the Friday before and the
Monday following, the employee shall
receive no less than four (4) hours pay.
WAGE RATES
FRINGE BENEFITS
PAYROLL DEDUCTIONS
Section VII. (A) FOREMAN: Foreman
shall receive 8% above journeyman's
hourly wage rate. Sheeter Foreman shall
also receive 8% above sheeter's hourly
wage rate. There shall be a Sheeter
Foreman for each sheeting gang.
(B) GENERAL FOREMAN: If at the
contractors discretion a General Foreman
is required, the General Foreman shall
receive 11% above journeyman's hourly
wage rate.
(C) STEWARDS: Refer to Section
XXXIX.
(D) In accordance with the agreement
reached between the NWI Contractors
Association, Inc. and International
Association of Bridge Structural
Ornamental and Reinforcing Iron
Workers Local Union #395, the
following are the changes in wage rates
and fringe benefits effective June 1,
2014.
15 16
WAGES
JOURNEYMAN....... $39.50 per hr.
SHEETER......... ... $39.75 per hr.
FOREMAN........... 8% per hr.
above Journeyman or Sheeter's scale
GENERAL FOREMAN. 11 % per hr.
above Journeyman or Sheeter's scale
FRINGE BENEFITS
MID-AMERICAN PENSION PLAN
Basic......... $8.89 per hr.
Supplemental Monthly Annuity$3.80 perhr
LOCAL 395 TRUST FUND.$9.00 per hr pd
APPRENTICESHIP FUND.. $1.00 per hr.
INDUSTRY FUND........ $0.12 per hr.
BCRC.................. $0.08 per hr.
ANNUITY FUND......... $3.58 per hr.
I.M.P.A.C.T.............. $0.31 per hr
PAYROLL DEDUCTIONS
Vacation Fund .......... $4.00 per hr.
#395 Working Assessment 4% (0.4)
of Gross Wages
#395 IPAL............ $0.24 per hr.
BUILDING TRADES .... $0.03 per hr.
RAISES TO BE ALLOCATED
June 1, 2015 - $1.50 per hour
June 1, 2016 - $1.30 per hour
June 1, 2017 - $1.30 per hour
June 1, 2018 - $1.3 5 per hour
EFFECTIVE 6-1-00
The following Fringe Benefit and
Payroll Deduction guidelines will
become effective June 1, 2000. For the
purpose of determining the employers
that will pay on a weekly or monthly
basis the time period of 6-1-00 through
5-31-19 will be used to determine timely
payments. Any and all employers
designated as delinquent during this time
period will be placed on weekly
payments as outlined below. All new
employers will be placed on weekly
payments as provided below.
WELFARE PLAN
Section VIII. Each Employer shall
17 18
contribute the amount per hours paid,
specified in the wage and fringe benefit
section of this agreement, into the
Ironworkers Local 395 Trust Fund on all
employees covered by the agreement to
the Ironworkers Local 395 Trust Fund.
The Contributions of the Employers
shall be used exclusively to provide life
insurance, accidental death and
dismemberment insurance, hospital
expense insurance, surgical expense
insurance, medical expense insurance,
dental and vision care benefits and
temporary disability benefits to eligible
employees and their families in such
form and amount as the Trustees of the
Welfare Fund may determine, in the
organizations and administration of the
Welfare Fund.
The said Welfare Fund shall be
administered pursuant to an Agreement
and Declaration of Trust administered
jointly by an equal number of
representatives of the Employers and the
Union, which Agreement and
Declaration of Trust shall conform to all
requirements of law. A copy of the said
Agreement and Declaration of Trust
together with any amendments thereto,
shall be considered as part of this
Agreement as though set forth here at
length.
Family and Medical Leave Act - The
Employer is required to comply with the
Family and Medical Leave Act of 1993
("FMLA") with respect to employees
covered by the Agreement, which
amount shall be established annually in
an actuarially sound manner by the
Trustees of such fund.
PENSION PLAN AND ANNUITY
Section IX. (A) Pension Plan - Each
Employer shall contribute the amount
per hour worked, specified in the wage
and fringe benefit section of this
19 20
Agreement, into the Pension Plan on all
employees covered by this Agreement to
the IRONWORKERS MID-AMERICA
PENSION PLAN. As of January 1,
1997, the Mid -America Pension Plan has
been divided into two (2) separate funds.
The "Base Pension" will be known as
the Defined Benefit Plan, and the
"S.M.A." will be known as the Defined
Contribution Plan.
The contributions of the Employers
shall be used exclusively to provide
pensions to eligible employees in such
form and amount as the Trustees of the
Pension Plan may determine in the
organization and administration of the
Pension Plan.
The said Pension Plan shall be
administered pursuant to an Agreement
and Declaration of Trust administered
jointly by an equal number of
representatives of the Employers and the
Union, which Agreement and
21
Declaration of Trust shall conform to all
requirements of law. A copy of said
Agreement and Declaration of Trust
together with any amendments thereto,
shall be considered as part of this
Agreement as though set forth here at
length.
(B) Annuity Plan - Each Employer
shall contribute the amount per hour
worked, specified in the wage and fringe
benefit section of the Agreement, into
the Local 395 Annuity Plan, on all
employees covered by this Agreement.
The contributions of the Employers
shall be used exclusively to provide
pensions to eligible employees in such
an amount as the Trustees of the Annuity
Plan may determine in the organization
and administration of the Annuity Plan.
The said Annuity Plan shall be
administered pursuant to an Agreement
and Declaration of Trust administered
jointly by an equal number of
22
representatives of the Employers and the
Union, which Agreement and
Declaration of Trust shall conform to all
requirements of law. A copy of said
Agreement and Declaration of Trust
together with any amendments thereto,
shall be considered as part of this
Agreement as though set forth here in
length.
APPRENTICESHIP TRAINING
FUND
Section X. Each Employer shall
contribute the amount per hour, specified
in the wage and fringe benefit section of
this Agreement, for all employees
covered by this Agreement to the
IRONWORKERS LOCAL NO.395
JOINT APPRENTICESHIP TRAINING
FUND.
The contributions of the Employers
shall be used exclusively to provide
training for registered apprentices and
for organization and administration of
the Joint Training Program as the Joint
Apprenticeship Committee may
determine.
The said Joint Apprenticeship Training
Fund shall be administered pursuant to
an Agreement and Declaration of Trust
administered jointly by an equal number
of representatives of the Employers and
the Union which Agreement and
Declaration of Trust shall conform to all
requirements of law. A copy of said
Agreement and Declaration of Trust,
together with any amendments thereto,
shall be considered as part of this
Agreement as though set forth here at
length.
TERMINATION CLAUSE
Section XI. In the event that the
Ironworkers Mid -America Pension Fund
(including the SMA Account), the
Ironworkers Local #395 Trust Fund, the
23 24
Ironworkers Local #395 Apprenticeship
Fund, the Local #395 Annuity Fund and/or
the NW Indiana Building Trades are
terminated by mutual consent of the
negotiating committee, then the amount
or amounts of contributions to these funds
and/or all future funds, shall be added to
the employee's hourly rate the day after
the termination date or dates.
VACATION FUND
Section XII. Each Employer shall deduct
the amount per hour, specified in the
wage and fringe benefit section of this
Agreement, from the net wages of all
employees covered by this Agreement. (For
example: Employee works 10 hours x $4.00
($40.00) which is deducted from Net
Wages.)
The said Vacation Fund shall be
administered by any responsible
financial institution so designated by The
Executive Board, pursuant to an
Agreement between said Credit Union or
financial institution and Iron Workers
Local 395, and all monies remitted by
the Employers shall be held in trust by
said Credit Union or financial institution
for the purpose of providing vacations
for covered employees.
Upon lay off, a separate check for all
vacation fund money owed ironworker
employees shall be written and mailed to
the Fringe Fund Disbursement Office on
the same day as the lay off, failure to
receive said check within three (3) days
will dictate a 10% penalty to be paid to
each ironworker who was laid off.
Exceptions are granted to those
employers who are members of NWICA
in good standing with the Union, and
who are in compliance with the bonding
provisions in this agreement.
If Vacation Fund is terminated the
money will be placed on the check.
Local 395 agrees to give a forty-five (45)
day notification to Employers.
25 26
INDUSTRY FUND
Section XIII. The employers have
established a trust fund to be known as
the CONSTRUCTION
ADVANCEMENT FOUNDATION OF
NORTHWEST INDIANA, which trust
fund shall be used to establish and
conduct educational programs for the
general public, employer members,
employee members, and others with
respect to new techniques, ideas, and
methods which will improve the industry
and increase the contribution that the
industry and its employees can make to
the community, and to carry out such
other purposes as may be set forth in the
Agreement and Declaration of Trust with
the purpose and intent to promote,
support and improve the interest and
common good of the construction
contracting industry of the area.
The employer shall pay the amount per
hour as specified in the wage and fringe
section of the Agreement, for each hour
worked by all employees of the employer
covered by this Agreement.
Payments required to be made to said
fund shall be deemed to be governed by
the provisions of this Agreement
pertaining to the enforcement as to the
collection of other payments required to
be made by the employer.
BCRC
Section XIV. (A) Various Employer
Associations and the Union are members
of Building and Construction Resource
Center, Inc. (hereinafter `BCRC"), a
non-profit corporation that was formed
to provide services in the construction
industry, including but not limited to,
education and referral services
concerning alcohol, drug and other
substance abuse, which purposes are
more fully defined in the Articles of
27 28
Incorporation and By -Laws of said
BCRC.
(B) Each employer under this
Agreement shall pay to BCRC the
amount as specified in the wage and
fringe benefits section of this Agreement
per hour for each hour worked by each
of its employees covered by this
Agreement. Each employer is obligated
to make such contributions, regardless of
whether or not such Employer is a
member of BCRC.
(C) Payments required to be made to
BCRC shall be deemed to be governed
by the provisions of this Agreement
pertaining to the collection of the Health
and Welfare Pension payments required
to be made by the Employers and thus,
may be enforced in the same manner.
(D) The Board of Directors of BCRC
will have full audit authority of the
Employer's books and records as they
pertain to this contribution.
(E) The Employees covered by this
Agreement will abide by the provisions
of the BCRC substance abuse program
when required by the Owner.
IMPACT
Section XV. (A) Each employer under
this Agreement shall pay to the
Ironworker Management Progressive
Action Cooperative Trust (hereinafter
"IMPACT") the amount as specified in
the wage and fringe benefits section of
this Agreement per hour for each hour
worked by each of its employees covered
by this Agreement.
(B) IMPACT represents that it is a
joint, labor-management, non-profit trust
formed under Section 302(c)(9) of the
Labor -Management Relations (Taft -
Hartley) Act. ' IMPACT also represents
that it is organized as an exempt
organization under Section 501(c)(5) of
the Internal Revenue Code and that its
29 30
general purposes include the
improvement and development of the
Ironworker Industry through education,
training, communication, cooperation,
and governmental- lobbying and
legislative initiatives.
CHECK -Off ASSIGNMENTS
Section XVI. The employer agrees to
deduct the working assessment in the
amount specified in the wage and fringe
benefit section of this Agreement
certified by the Union's Secretary -
Treasurer as uniformly required to be
paid by members of the Union from the
gross weekly wages of each Iron Worker
covered by this Agreement who has
authorized such deduction. The
employer hereby authorizes and appoints
THE CONSTRUCTION
ADVANCEMENT FOUNDATION OF
NORTHWEST INDIANA to act as its
agent to receive any and all payroll
deduction authorizations executed by its
Iron Worker employees.
The Employer agrees to deduct the
Local #395 IPAL assessment and/or the
Indiana State Ironworkers IPAL fund in
the amount specified in the wage and
fringe benefit section of this Agreement
per hour worked from each ironworker
who has executed an authorization form.
The Union will be solely responsible for
the authorization cards and compliance
with all federal, state and local statutes,
ordinances, regulations and other laws
pertaining to this matter.
In the event of the employer's failure
to make prompt and timely payment to
the Union as provided for hereinabove,
the employer shall be liable for all
penalties and liquidated damages as
provided herein, and the Union shall
have all the rights of trustee of the
various funds as provided for in said
Agreement.
31 32
Said deductions may be increased or
decreased by giving employers 60 days
written notice, but not more often than
once in a six month period.
Section XVII. DELETED 6-1-2014
FURNISHING BOND
Section XVIII. A contractor employing
ironworkers will be bonded, the bonding
format will be as follows:
(A) Bonds shall be issued by a surety
company, which should have a rating of
"A-7" i.e. A minus 7 or better as rated by
the A.M. Best rating Service, assuring
proper wages and fringe benefits. Bonds
will be delivered to the Fringe Fund
Office, and will be based on the previous
year's monthly manhour average, as per
authorized reporting forms. The amount
of the bond to be posted is as follows:
1) Twenty (20) or more ironworkers
$75,000.00 bond
2) Ten (10) through nineteen (19)
ironworkers $50,000.00 bond
3) Nine (9) and fewer ironworkers
$20,000.00 bond
All bonds will be made payable to
Local 395 Fringe Fund Disbursement
Office. Until the appropriate bond has
been received by the Fringe Fund Office,
all fringe benefits will be paid on a
weekly basis. Furthermore, said bonding
language will pertain to all contractors
working in Local 395's territorial
jurisdiction regardless of what agreement
the project is being performed under.
B) When a new contractor enters the
jurisdiction of Local 395 and has no
previous reporting records, and it is
determined that the projection of work
would meet one of the above situations
(1) through (3), the appropriate bond will
be secured. If a bond cannot be obtained,
33 34
or the contractor does not want to post a
bond, the following will occur.
The contractor shall meet with a Union
Representative from Local 395, on a
weekly basis. The amount of men
needed and the approximate manhours
that will be worked will be determined at
said meetings. Prior to an ironworker
going to work, a cashier's check will be
properly made out to Local 395 Fringe
Fund Disbursement Office in the amount
determined at said meeting to cover all
fringe benefits and payroll deductions
that could be accumulated in one (1) week.
That cashier's check will be delivered
immediately to the Fringe Fund
Disbursement Office, which will hold
the check until the end of the week or the
completion of the work, whichever comes
first. Upon receipt of an accurate reporting
form for actual hours worked, the check
will be distributed to the appropriate
funds. After receiving the accurate
reporting form with the actual hours
worked, if the cashier's check does not
cover the amount of money due the
Fringe Fund office, the underpayment will
either be included in the next week's
estimated manhour benefit cashier's check
or if the job is completed it will be due to
the Fringe Fund Disbursement Office
within three (3) days of the completion of
the job.
In the event the estimated cashier's
check is greater than the accurate reporting
form with the actual hours worked the
overpayment will either be deducted and
included on the next week's estimated
manhour benefit cashier's check or if the
job is completed a reimbursement check
in the amount of the overpayment will be
made out to the contractor and mailed
within in three (3) days of the completion
of the job.
(C) In the event that the contractor
fails to comply with these provisions the
35 36
Union shall have the right to withhold
manpower and take appropriate action.
(D) A status report of all bonds being
held by the Local 395 Fringe Fund
Office will be prepared by the Union
Fund Trustee and reported to the
Contractor Fund Trustees at the
Quarterly Meeting of the Local 395
Trust Fund, Local 395 Annuity Fund,
Mid -America Pension and Supplemental
Monthly Annuity Funds.
PAYMENT OF CONTRIBUTIONS
AND DELINQUENCIES
Section XIX.
Contributions and Deductions:
Contributions to the various funds
provided for in this Agreement shall be
totaled into one (1) check and made
payable and forwarded to the FRINGE
FUND DISBURSEMENT OFFICE,
6570 Ameriplex Dr., Portage, Indiana
46368, together with a statement
supporting the contributions (on forms
furnished by the Iron Workers Local
395's office) on or before the fifteenth
(I5 `) day of each month covering all
work performed during the preceding
month.
Delinquencies: The Trustees of the
various funds are hereby given the power
to add to the delinquent contributions
and deductions of any Employer an
amount equal to fifteen percent (15%) of
the total delinquent contributions and
deductions as liquidated damages for
failure to make prompt and timely
payment to the various funds as provided
herein. Such additional contribution,
when paid, shall be paid to the various
funds. Employers who are once
delinquent may thereafter be required by
the trustees to deposit with the various
fund offices in advance, as a guarantee
for the future payment of contributions
37 38
and deductions, an amount equal to the
monthly contributions and deductions of
such employer as estimated by the
Trustees.
If an employer's delinquency,
including any assessment of liquidated
damages, is not paid in full within
seventy-two (72) hours after said
Employer is notified of such delinquency
by the Union Trustees, the employer
shall be liable, in addition to the
contributions and liquidated damages,
for claims for the extent of benefits to
which the employee would have been
entitled if the required contributions had
been made plus all reasonable legal fees
incurred by the various fund office in
enforcing the payment thereof.
It shall be considered a violation of
this Agreement for any employer to fail
to pay or comply with any provisions of
this Article, or any rule or regulation
made by the trustees administering the
said various funds that the employer had
failed to pay in full any sums due the
various funds under this Article and that
such failure has continued for seventy-
two (72) hours, the Union may remove
all employees from such employer's
employment until all sums due from the
Employer under this Article have been
paid in full. This remedy shall be in
addition to all other remedies available
to the Union and the Trustees, and may
be exercised by the Union, anything in
the collective bargaining Agreement to
the contrary not withstanding. Such
removal of employees to collect
contributions and deductions to the
various funds shall not be considered a
violation of this Agreement on the part
of the Union and it shall not be a subject
of arbitration.
When any Contractor employing
members of this local union becomes
delinquent in the payment of fringe
39 40
benefits, said employer shall then be
required to pay the Fringe Fund
Disbursement Office on a weekly basis,
and must continue to do so for a period
of twelve (12) months before said
employer is eligible to return to the
monthly payment schedule. These
payments shall then be hand carried to
the Local #395 Financial Secretary -
Treasurer's office on the specified due date.
If employees are withdrawn from any
job because of employer's failure to pay
contributions and deductions due under
this Agreement, as provided above, the
employees affected by such work
stoppage shall be paid by the delinquent
employer for lost time up to a maximum
of sixteen (16) hours pay, provided that
seventy-two (72) hours written notice of
intention to withdraw the employees is
given to the employer by the Union.
PIECEWORK
Section XX. It is further agreed that the
employees will not contract, subcontract
work, piece work, or work for less than
the scale of wages established by the
Agreement. The Employers agree not to
offer and/or pay, and the employees will
not accept, a bonus based on specific
performance on any individual job.
WORK LIMITATION
Section XXI. There shall be no
limitation placed on the amount of work
to be performed by any workman during
working hours.
PAYDAY
Section XXII. (A) The regular pay day
shall be once a week on sucli day as
agreed between the employer and the
Local Union, and wages shall be paid
before quitting time, and wages are to be
paid in cash or other legal tender.
41 42
When members are laid off, or
discharged, that day shall be considered
payday and they are to be paid in full. If
a member is required to go to a site other
than the Union Hall to pick up a check,
they shall receive an additional two (2)
hours compensation at the proper
straight time rate.
(B) Employers may withhold no more
than three (3) days wages due to enable
them to prepare the payroll.
(C) If wages are not paid in full on
payday due to any contractor error,
including, but not limited to the
following: no signature, wrong date,
improper time keeping; a corrected
check will be made the same day. If
corrections are not made on payday the
corrected check plus an additional four
(4) hours compensation at the proper
straight time rate of pay shall be
delivered to the Union Hall no later than
11:00 a.m. the following business day.
If check is not received by 11:00 a.m.
members shall be entitled to four (4)
hours of compensation at the proper
straight time rate of pay for each twenty-
four (24) hour waiting period or any
portion thereof.
(D) If the wages cannot be processed
do to insufficient funds the payroll
checks will be brought immediately to
the Union Hall. A cashier's check
including wages, an additional four (4)
hours compensation at the proper
straight time rate of pay and all fees
incurred by the member will be delivered
no later than 11:00 a.m. the following
day. If delivered after 11:00 refer to
previous paragraph.
(E) No employee shall be laid off by
phone or any other means of
communication. This does not apply
when he is absent on the shift the layoff
is to be made. This Collective
Bargaining Agreement does NOT
43 44
provide for call off without the lay off
provisions of this Agreement being
adhered to. SEE Section XXII
Paragraph C.
(F) Any undue delay or loss of time
caused the employees through no fault of
their own shall be paid for by the
employer causing such delay at the
regular straight time wages.
(G) There shall be no punching of time
clocks or picking up and depositing
"brass" or any other method of checking
in and out except when the customer
demands and the Contractor shows proof
of the necessity for doing so.
(H) When in -plant construction work
and when transportation is required, the
employer shall transport the employees
to the point where such employees were
picked up no later than 3:30 p.m.,
(except as caused by conditions beyond
the control of the employer.) When
employees are transported to pick up
45
point after 3:30 p.m., and under
conditions controlled by the employer,
then overtime pay shall apply as
provided under this Agreement.
(I) Accompanying each payment of
wages shall be a separate statement
identifying the employer, showing the
total earnings, the amount of each
deduction, the purpose thereof and net
earnings, correct date of pay period
(vacation included.)
(J) There shall be no deductions from
employee's wages, for contributions of
any kind, and no employee shall be
intimidated in order to authorize
deductions for contributions from his
wages.
REPORTING TIME
Section. XXHL (A) When an employee
is ordered by the employer or his
representative to report for work and
then through no fault of the employee is
46
not put to warp, or employed for lens
than two (2) hours, the employer shall
pay him for two (2) hours time, provided
the esnployee remains on thejob during
the two (2) hours,
(II) If employees are ordered to work
the same day they are to report, then a
maximum of two (2) hours shall be
allowed for reporting to the place of
Pick-up by the employer.
( ) Maien an employee, through no
fault of his own, is not employed until.
12:00 noon, the employer shall pay him
for four (4) hours time, weather
Permitting work. If the employee returns
to work at 12:0 p.m., and is unable to
work until : 0 p.m., through no fault of
his own, the employer shall pay him for
eight (8) hours time, weather permitting
work.
(D) When an employee or employees
who are working in a five (5) man steel
raising gang are absent from work of his
or their own accord, this work shall
continue without interruption; however,
the employer shall replace these men as
quickly as possible.
(E) If an employee is ordered by the
employer or his representative to report
for work at 7:00 A.M., or any other
mutually agreed upon starting time, and
because of inclement weather does not
go to work but at the direction of the
employer remains on the project site
available for work for two hours, he
shall be paid for two (2) hours time. If,
however, the employee goes to work at
7:00 A.M., or any other mutually agreed
upon starting time, and has to stop
working after two (2) hours of work
because of inclement weather and also
remains on the project for four (4) hours
total, he shall be paid for four (4) hours
time.
(F) The day before and the day after
New Years Day, Memorial Day, 4 h of
47 48
July, Labor bay, Thanksgiving lay and.
Christmas Day, are scheduled workdays,
unless the above holiday should fall on.
Sunday, and are covered under Section
V of this Agreement.
If the job is scheduled off on the above
days by the employer, the employer shall
pay the members on the job four (4)
hours pay at straight time wages.
(G) All hours in this section shall be
considered hours worked excluding the
health and welfare which is noted as.
hours paid. Fringe Benefits shall be paid
under this section.
FOREMAN
Section XXIV. (A) When two (2) or
more employees are employed, one shall.
be selected by the employer to act as
foreman and receive oreman's wages,
and the foreman is the only
representative of the employer who shall
issue instructions to the workmen.
49
Foreman training will be scheduled on a
quarterly basis at the apprenticeship
school. The Union will provide:
instructor, training and facility.
Employer will supply: employee that
Employer wants trained and pay them
appropriate rate during training.
Sufficient notice will be given to training
facility and classes must contain ten (10)
or more members.
(B) There shall be no restrictions as to
the employment of foreman or pushers.
The employer may employ on one piece
of work as many foreman or pushers as
in his judgement is necessary for the
safe, expeditious and economical
handling of the same.
If only one sheeting gang is employed
on a job site, the first qualified sheeter
shall be considered a working Foreman.
50
IRON WORKERS REQUIRED ON
GUY AND STIFF LEG DERRICKS
MOBILE OR POWER RIGS
Section XXV. (A) No less than six (6)
men and a foreman shall be employed
around any guy or stiff leg derrick used
on steel erection; -and on all mobile or
power -operated rigs of any description
no less than four (4) men and a foreman
shall be employed. By mutual consent
of the contractor and Union
Representative, crew sizes can be
adjusted while off-loading material or
during the erection of light counercial
buildings. All work shall be performed
in a safe manner.
(B) When a tower crane or ringer is
being used and when visibility is
restricted between workmen and
operator, a fifth man shall be employed
as a signal man.
RIVETING GANGS
Section XXVI. (A) Riveting gangs shall
be composed of not less than four (4)
men at all times. The employer may
require the heaters to have their fires
ready to furnish hot rivets at the regular
starting time, but in such event, the
heaters shall be paid double time for
such time worked before the regular
starting time.
(B) When three (3) or more riveting
gangs are employed on any job, a
foreman shall be employed who shall not
be required to work in any riveting gang
except where emergencies arise which
will require the foreman to temporarily
fill in the gang.
51 52
APPRENTICE MANNING
Section XXV11. There shall be one (1)
apprentice employed for every four (4)
journeymen, as available.
There shall be one (1) apprentice
employed for every two (2) sheeter
journeyman, as available.
When during the apprentice
school year, there is not full, 100%
employment of apprentices and there are
three(3) or more apprentices on a
project(s) lasting one (1) week or longer,
a fourth alternate apprentice at -large will
be employed to cover school day
absences and maintain full employment.
It is the intention of the Union for the
contractor to get the same apprentices for
the duration of theproject(s), unless
there is a mutual agreement to employ a
new apprentice.
SAFETY PROVISIONS
Section XXVIII.
Planking Floors: (A) Working floors
upon which derricks set must be covered
tight with suitable planking over the
entire floor except where openings are
left for ladders. No more than two (2)
floors, or a maximum of twenty-five (25)
feet, beneath each riveting scaffold shall
remain open or uncovered, and all such
floors shall be planked and within a
minimum radius of ten (10) feet or per
OSHA standard.
Slings: (B) Steel cable will be used
instead of chains or hemp slings.
Safety Meetings: (C) There shall be a
periodic tool box, shanty or stand up
safety meeting among the supervision
and the employees. The reporting of any
hazardous or unsafe working conditions
shall not be the cause of dismissal.
53 54
Crawler Crane: (D) No tools,
material, etc., shall be stored on a
crawler crane, except in approved
containers.
When working near power lines,
operations shall not be conducted closer
than indicated in the tabulation below
except as adequate covering or
protection of such power lines is
provided and a specific set of work
instructions are issued by the job
superintendent for the particular job.
Protection of Signal Devices: (E)
When a crane, derrick, hoisting engine or
tugger, etc. is used, and operating
conditions require the use of a
communication system, the system must
be free of all outside interferences. This
shall be accomplished by using a radio
system with a private line, or by using a
direct hard wire system between the
crane operator and the designated signal
man.
Elevator Shaft Protection: (F) No
Iron Workers
employee shall be permitted to work in
Truck or Crawler
From
an elevator shaft while car is in
From Power
Mo to Lines
Power
Lines
operation. The first floor beneath and
300 to 8,700 15 Ft.
6 Ft.
the first floor above men working shall
8,700 to 15,000 15 Ft.
8 Ft.
be planked safe in all elevator shafts.
15,000 to 35,000 20 Ft.
10 Ft.
35,000 to 50,000 20 Ft.
12 Ft.
Overhead Cranes: (G) Supervisory
50,000 to 100,000 20 Ft.
100,000 to 132,000 20 Ft.
15 Ft.
17 Ft.
personnel, when using overhead cranes
or per OSHA Standards
and power equipment at the job site, are
55
56
to check all limit switches, cable, lights,
dogs and controls when such equipment
is first used by the trade and as required
periodically thereafter, and to report any
deficiencies to the responsible authority.
When overhead cranes or crane runway
hot rails are locked out, said lock shall
be furnished by the employer. The key
to said lock shall be in the possession of
the Supervisor to the crew working on
the crane.
No load block on an overhead crane
shall be allowed to go past limit switch
point except under special operating
conditions and with a predetermined
procedure.
When working on crane runways under
operating conditions, rail stops, lights,
and flags should be placed between
workmen and operating crane. If
conditions do not permit such safety
precautions, a safety man or men will be
provided to protect workmen. Rail
57
Stops shall be placed a minimum of
thirty feet (30') or one bay from the
working area.
Safety Requirements on Welding &
Burning: (H) If a Building Tradesperson
is being used to perform the QA/QC or
CWI inspection of work covered by this
Agreement, it will be performed by a
qualified member of Local 395.
Members of Local Union No. 395 will
not erect, walk on, or work on an
structural member which has any
projection above the flat surface of said
members such as: studs, shear
connectors, or any similar fixtures used
in composite construction.
All painted surfaces shall meet the
requirements of OSHA Standards for
Steel Erection.
Vertical reinforcing dowels, that are
exposed and constitute a hazard to an
employee that may be working above
same, shall be covered.
58
If hot rails cannot be cut or locked out,
adequate covering or protection shall be
provided.
On all welding operations a sufficient
number of employees will be used to
perform the work in a safe manner. All
welding safety items, i.e., leather jackets,
gloves, etc... shall be provided by the
contractor when welding overhead or air
arcing or using automatic machines.
On any job which requires a ladder, the
following conditions must be met: all
ladders shall be firmly secured at a
distance of eight (8) inches from the wall
and shall extend at least five (5) feet
above the top platform. Where ladders
over fifty (50) feet are required, there
shall be a platform at least every twenty-
five (5) feet for employees to rest. All
ladders shall have standard spaced rungs.
At all times OSHA Standards for
Ladders must be met.
When special safety items are required
59
by a customer, those items shall be
supplied by the contractor.
When a Fire Watcher, Confined Space
Meter leader, CO or any type of safety
man is needed for ironworkers that
safety man shall be an ironworker.
While working over water, a power
equipped boat, including oars, and all
safety equipment will be provided as per
OSHA Standards.
Tools: (1) Employees shall furnish for
their own use all necessary hand tools to
enable them to effectively install such
work. Tools broken on the job shall be
replaced in like kind by the employer,
i.e. crescent wrench for crescent wrench
of the same brand. No employee shall
be held responsible for the loss of tools
or equipment in his charge. When tools
are to be checked in or out, it shall be
done during working hours.
WC
Stiffening & Supporting Working
Load Points: (J) 'Where iron is landed
on the floor or any point of a structure
under construction, all connections shall
be fully fitted up and tightened and
substantial supports provided to safely
sustain such added weight. Proper
placement and anchoring of all graded
walkways and platforms shall be
performed in a manner that will insure
no risk of open holes or sliding materials
which produce open holes.
Riding the Load or Load Falls: (K)
No employee shall be permitted to ride the
load or load fall except in case of inspection,
and erection and dismantling of derricks.
'Pool Room: P Where a tool room is
established for a job where workmen are
predominantly Ironworkers, the tool
room man shall be an Ironworker and
may be an Apprentice with mutual
consent.
61
Long Span Bar Joist: (M) All long
span joist, 40' or longer, shall include all
bolted cross bridging as per current OSHA
Standards as per Subpart R.
Bar Joist: (N) Before bar joists can be
set in bundled or single on supporting
beams, the supporting beams must be
sufficiently braced and bolted or welded, to
insure safety for further placement to joists.
The remaining joists must be secured to
the supporting beams as they are spread,
as Per Subpart R.
Asbestos Exposure: (0) Asbestos
exposure will be followed as per OSHA
standards Subpart Z, Toxic and Hazardous
Substances. Contractor shall replace all
clothing upon being exposed to asbestos
fibers, and employees are to be removed
from contaminated area immediately at
no loss of time or pay to them until the
area has been abated.
62
Ceil Plhon'es: (p) 'nie use Of personal
cell phones during working hours
SHIPPING EMPLOYEES
shall
be forbidden and shall be cause for
Section Yv=. Employees shipped to
jobs or work out of the jurisdiction of the
immediate dismissal, except that the
Steward will be allowed to
local union shall receive transportation,
carry a cell
phone in order to maintain safe
traveling time and expenses. Employees
shipped to a job and not put to work,
communications at the jobsite. The
owner's facility policies
weather permitting, or the job is not
may take
Precedent over these rules.
ready for them to go to work, shall be
paid at the regular wage rate for such
Live Tracks: (Q) When working on
time, or such employees shall be shipped
back to the shipping point with time and
live tracks, rail stops,, lights and flags
must be placed at a safe
transportation paid by the employer.
working
distance; in lieu of this a safety man or
TRANSPORTATION
men, as needed to remain safe, will be
placed at that location and be
Section XX. The employer shall
will an
ironworker.
furnish transportation which provides
adequate seating, heat, light and
ventilation from the gate to the job site
and back to the gate when said distance
is one-half (1/2) mile or more.
All Signatory Contractors shall have
proper company identification on all
vehicles.
63
64
NEW PROJECT
Section XXXI. Whenever an employer
starts a new project within the jurisdictional
area of Local Union 395, the employer
or his representative shall notify the
Union as to the location of the new
project site.
If the above paragraph has not been
complied with, a pinion appointed
steward shall receive wages and benefits
for the entire length of time a steward
was not on the project for the duration
Ironworker work was occurring.
On major machinery installation
Projects, where ironworkers are involved
in the work and where millwrights are
required on standby, if there is any work
left to be performed by ironworkers or if
composite crews were used then a
sufficient number of ironworkers will be
left on standby to perform the work.
65
PRE JOB
Section XXXII. If the Union or
Employer elects, a pre job conference
will be held at Local 395's Union Hall
prior to commencement of work. At the
pre job conference the Employer shall
advise the Union of its requirements as
to the workmen required in the
respective classification, the probable
starting date, duration of the job, and the
working schedules.
MATERIAL SORTING,
DISTRIBUTING AND
STORAGE POINTS
Section XXXIII. There shall be one (1)
or more, as is necessary, journeymen
employed on the maintenance of
reinforcing steel, including wire mesh,
while concrete is being poured. All
rebar and wire mesh installed in
sidewalks and slabs at commercial sites
and schools, including aprons at
66
entrances and curbs attached to
commercial sidewalks, will be installed
and maintained during concrete pours by
Ironworkers. Excluding all curbs and
residential sidewalks, but not excluding
retaining walls.
When using a fork truck or grad -all, to
Perform ironworkers work, a minimum
Of two (2) ironworkers will be employed,
one of which may be an apprentice, upon
the approval of a Union representative
of Local 395.
DRINKING WATER, RESTROOMS,
CLOTHES & EYEGLASSES
Section 1V". Employer shall furnish i
sanitary bottled drinking water,
including ice when the temperature
reaches 65 degrees or more, or when
needed to cool the personnel under
special conditions recognized by the
contractor and the Union, at all times.
Each job of sufficient size and length
67
shall provide a change trailer that will
have access through two (2) separate
entries. A thirty-six inch (36") clear
walkway for access and exit, within the
trailer, will be provided. Landings and
stair's will be provided and will comply
with OSHA Regulations. Trailers will.
be of adequate size and number to
accommodate the amount of Ironworkers
on the job. Tending crafts may utilize the
same trailer facility as Ironworkers.
Ironworkers will not be required to
utilize trailer facilities that are
predominately occupied by other crafts,
but shall be provided adequate facilities
of size and number. Trailers will be
equipped with sufficient tables and
seating for lunch purposes. Trailers will
be capable of supplying adequate heat
and cross ventilation as needed plus
appropriate illumination. All openings,
doors and windows, will be screened.
Toilets of a clean and adequately
illuminated nature shall be famished for
the use of the employees, When sewer
or septic tank facilities are not allowable,
chemical toilets and hand wash stations.
or the proper sanitary equipment to
maintain and use'them shall be provided.
No flammable liquids in any type of
container or piece of equipment shall be
stored in the same shed or room used by
the employees to change their clothes.
Upon receipts presented by the
employee, Employers will reimburse
employee a maximum of Four Hundred
Fifty Dollars (450�.00) for personal
clothing and/or equipment when stolen.
or damagedby fire or other damages, so
long as clothing or equipment is in the
shed or tool box provided by the
Employer.
Employers will reimburse employee a
mairnum of One Hundred Fitt Dollars
(10.00) upon presentation of an
original receipt for prescription eye
glasses if broken on the job site through
no fault of the employee and reported to
the job superintendent prior to close of
work on the same day. Payment will be
made to employee with a separate check.
Personal safety equipment including
bridge hats and harness belts broken on
the job shall be replaced in like kind by
the employer, who reserves the right to
inspect self supplied safety items when
an employee is hired.
On jobs that employ more than one
shift on the same job, Employers must
furnish separate Change House or
facility in which the employee may store
his clothing and/or equipment.
COMPENSATION INSURANCE
Section XXXV. The employer must at
all times provide Workmen's
Compensation Insurance.
When an employee is injured on the
job, he shall, after receiving emergency
70
treatment, have his choice of doctor
and/or hospital, in accordance with the
Workmen's Compensation Law of the
State of Indiana. Any violation of
Indiana Workmen's Compensation Law,
the contractor Will assist in assuming
responsibility to actively correct
violation.
VISITING THE DOCTOR
Section XXXv1, Employees Injured on
the obi and Workixvqh
UN UNUIre(l, on
company time: without loss of time:.
An employee injured on the job shall
receive a full day's wages if sent to a
hospital or if sent home under doctor's
orders. The employer shall provide the
employee with transportation to the
hospital or local Place Of residence on
day of the accident,
71
PHYSICAL OR MEDICAL
EXAMINATION
Section XXXVII. The employer shall
not demand a physical or medical
examination as requirement for
employment.
UNION REPRESENTATIVE
Section XXXVIU. The Union
Representative of the Union shall be
permitted to visit all jobs, but will in no
way interfere with the progress of the
work.
JOB STEWARD
Section XXXIX. There shall be a
Steward on each job who shall be
appointed at the discretion of the Union
Representative. He shall keep a record
of workers laid off and discharged and
take up all grievances on the job and try
to have same adjusted. In the event he
cannot adjust them he must promptly
72
report that fact to the proper officer of
the Union so that efforts can be made to
adjust any matter without a stoppage of
work. In an effort to do his job
effectively, the Steward, at the request of
a Union Representative shall report at no
lost time to the Union Hall. The
Steward shall notify his on -site
Supervisor the day before he is to report
to the Union Hall, unless it cannot be
done because of an emergency situation.
The weekly reporting by the Steward to
the Union Hall shall not be a mandatory
condition of this agreement. The
Steward shall see that the provisions of
these working rules are complied with
and report to the Union the true facts and
conditions. The Steward shall promptly
take care of injured workers and
accompany them to their homes or to a
hospital as the case may require, without
any loss of time, and report the injury to
the proper officers. The employer agrees
that the Steward will not be discharged
until after proper notification has been
given and further, when employees are
laid off, the Steward will be the last man
laid off providing he is capable of
performing the work in question.
PROTECTION OF UNION
PRINCIPLES
Section XXXX The removal of
journeymen Ironworkers and apprentices
from a job in order to render legal
assistance to other Local Unions to protect
Union principles shall not constitute a
violation of this Agreement, provided
such removal is first approved by The
General Executive Board and notice
thereof is first given to the employer
involved. It is understood however, that
such removal of journeymen or
apprentices from a job in order to assist
another Local Union to protect Union
principles shall be a violation of this
73 74
Agreement if the other Local Union is
Pursuing a course of action which is a
violation of any ordinance or statue of the
local, State or Federal government or
which is defined as an unfair labor
practice under the provisions of the
Labor Management Relations Act of
1947, as amended.
NON -UNION DUES DEDUCTIONS
Section XXXXI. All employees shall, as
a condition of employment, pay to the
Union an amount of money equal to that
paid by other employees in the
bargaining unit wbo are members of the
Union, which shall be limited to an
amount of money equal to the Union's
regular and usual initiation fee, and its
regular and usual membership dues. For
existing employees such payments shall
commence eight (8) days following the
date of execution of this Agreement; and
for new employees eight (8) days
following the date of their employment
in consideration of the employer's entering
into this collective bargaining Agreement
which Agreement includes in this
Section an Agency Shop provision, the
Union hereby agrees to indemnify the
employer and hold it harmless from any
and all claims, liabilities or costs to the
employer which arise out of entering into
or enforcement of said provision or
which arise out of the payroll deduction
of Agency Shop fees.
APPRENTICESHIP
Section XXXXII. The parties signatory
hereto have established a Joint
Apprenticeship Committee in
accordance with the provision of the Iron
Workers Apprenticeship and Training
Standards, as contained in Section I,
Article XXIH of the International
Constitution, and said Committee agrees
to operate an Apprentice Program in the
75 1 76
local area in conformity with said
Standards.
SUB -CONTRACTORS
Section XXXXIH. If the employer
sublets any portion of the work covered
by this Agreement, the sub -contractor
shall be subject to the terms of this
Agreement. The sub -contractor shall
sign the Local Agreement, post all
necessary bonds and abide by all terms
of the current Agreement.
The Employer agrees not to sublet,
assign or transfer any work covered by
this Agreement which is, or may be
performed at the site of the construction
project to any person, firm or
corporation except those subcontractors
who subscribe and agree, in writing, to
be bound by this Agreement and
complies with all the terms and
condition therein.
A signatory Prime Contractor that
77
elects to subcontract to a non -signatory
union contractor for work covered by
this agreement shall provide a wage and
welfare bond in favor of the Union for
any unpaid wages and fringe benefits of
the non -signatory subcontractor.
RE -FABRICATION
Section XXXXIV. If offsite fabricated
steel delivered to the jobsite requires re -
fabrication, then at the sole discretion of
the contractor, one of three options listed
below shall be implemented:
1, send it to the original Fabricator
2. repair on site by Ironworkers #395
3. send it to an organized Ironworker
shop.
SETTLEMENT OF DISPUTES
Section XXXXV. (A) There shall be no
cessation of work, as long as this Article
and Decision are complied with. With
regard to any Employer the Association
78
shall be the sole interpreter of this
Agreement and the Employer shall 'be
bound by the Association's
interpretation thereof in all instances. In
the event of any difference of
controversy as to the interpretation or
application of this Agreement arising
between any Employer and an Employee
in the Bargaining Unit, the difference or
controversy shall be taken up at once by
the representatives of both the Union and
the Employer who shall endeavor to
make a satisfactory settlement.
(B) If the differences of controversy
cannot be settled by them, then the
difference or controversy shall be
referred to a Board of six members, three
of them whom shall be selected by the
Association, from the members of the
Association, and three by the Union.
These selections shall be made within
five (5) working days after formal
notification to disputed parties following
79
failure of settlement between the
representatives of the Union and Employer,
and the Board shall meet within five (5)
working days after its members are so
selected to hear the evidence and endeavor
to arrive at a decision, which shall be
consistent with the terms and provisions
of this Agreement. It shall be sufficient
for a majority of the persons deliberating
to arrive at a decision and any decision
reached shall be final, binding and
conclusive on all parties concerned.
(C) In the event of a deadlock, the
matter shall be referred to an impartial
arbitrator. The parties shall agree upon
the name of such individual and in the
event they cannot, they shall jointly
request the American Arbitration
Association to submit a list of five (5)
recognized arbitrators and by the
alternate striking of names, the name of
an arbitrator shall be arrived at and such
arbitrator shall make a determination which
shall be final, binding and conclusive on all
concerned. The cost of the impartial
arbitrator shallbe borne equally by both
parties.
This represents the entire Agreement
of the parties, it being understood that
there is no other Agreement or
understanding either oral or written.
STRIKES AND LOCkOUTS
Section XY,YVl. It is mutually agreed
that there shall be no strikes authorized
by the Union or no lockouts authorized.
by the Employer, except for the refusal
of either party to submit to arbitration, in.
accordance with Section XXXXV or
failure on the part of either party to carry
out the award of the .Board of Arbitration.
Every facility of each of the parties
hereto is pledged to immediately
overcome any such situation; provided..,
however, that it shall not be a violation
of any provision of this Agreement for
any person covered by this Agreement to
81
refuse to cross or work behind the picket
line of any affiliated union which has
been authorized by the International of
that Union, the Central Labor Council or
the Building and Construction Trades
Council, provided, however, that such
refusal to cross or work behind such
picket line shall constitute a violation of
this Agreement if the picket line as
above mentioned, shall have been
established in pursuance of a course of
action which is in violation of any
ordinance, regulation or statute of any
governmental, regulatory body or the
local, State or Federal governments, or
which is defined as an unfair labor
practice under the provisions of the
Labor -Management Relations Act of
1947, as amended.
SCOPE OF AGREEMENT
XXXXVII. This Agreement contains all
of the provisions agreed upon by the
E:30)
Employer and the Union. Neither the
Employer nor the Union will be bound
by rules, regulations or agreements not
herein contained except interpretations
or decision of the Board of Arbitration.
Should any part of or any provision
herein contained by rendered or declared
invalid by reason of any existing or
subsequently enacted legislation, or by
any decree of a court of competent
jurisdiction, such invalidation of such
part or portion of this Agreement shall
not invalidate the remaining portions
thereof, provided however, that upon
such invalidation, the parties signatory
hereto agree to immediately meet to
renegotiate such parts or provisions
affected.
The remaining parts or provisions shall
remain in full force and effect.
There shall be no agreements
negotiated contingent upon this
agreement and/or future agreements.
LENGTH OF CONTRACT
Section XXXXVHI. The Agreement
with any amendments thereof made as
provided for therein, shall remain in full
force and effect until Midnight of May
31, 2019, and unless written notice be
given by either party to the other at least
four (4) months prior to such date of a
desire for change therein or to terminate
the same, it shall continue in effect for
an additional year thereafter. In the
same manner, this Agreement, with any
amendments thereof shall remain in
effect from year to year thereafter,
subject to termination at the expiration
of any such contract year upon notice in
writing given by either party to the other
at least four (4) months prior to the
expiration of such contract.
Any such notice as hereinabove
provided for in this Section, whether
83 1 84
specifying a desire to terminate or to
change at the end of the current contract
year, shall have the effect of terminating
this agreement at such time.
REFERRAL BY UNION
SECTION XXX)cIX. In those cases
where the Union refers employees to the
Employer, all such referrals shall be
made in accordance with the
Ironworkers Local 395 Referral Rules.
85
IN WITNESS WHEREOF, this
Agreement has been entered into by the
parties as of the date and year first written
above in the City of Portage, State of
Indiana.
For tli4 Employers:Ae
L4LI�I RATHJEN, President
NWI Contractors
Association, Inc.
For the Union: LOCAL UNION #395
The International Association of Bridge,
Structural, Ornamental & Reinforcing
Iron Workers
��4 v
JEFFREY R. VEACH, President
A "I "XI
PATRICK BARKER, Recording Secretary
Local Union No. 395
Telephone: (219) 763-7900
Telefax: (219) 763-7999
Iron Workers International
Telephone: (202) 383-4800
Telefax: (202) 347-1496
87
THE EMPLOYER HAS READ THE
SAID AGREEMENT ON THIS
DAY OF � 20 ,
IN PORTAGE, INDIANA
COMPANY
ADDRESS
CITY STATE ZIP
TELEPHONE NUMBER
TELEFAX NUMBER
SIGNED BY
TITLE
IN WITNESS WHEREOF: this Agreement has
been entered into by the Parties as of the date and
Year first written above in the City of Portage,
State of Indiana.
ACCOUNTING DEPARTMENT
Monthly And Weekly Reporting Forms
Available Through:
LOCAL UNION NO. 395
(219) 763-7900
Please Mail ONE CRECK AND
REPORTING FORMS TO:
FRINGE FUND DISBURSEMENT
6570 Arnerplex !rive
Portage, Indiana 46368
Jeffrey L. Chidester,
Fin. Secretary -Treasurer
TERM SHEET
This term sheet summarizes the agreed -upon changes made by NWI Contractors
Association and Local Union No. 395 of the International Association of Bridge
Structural Ornamental and Reinforcing Iron Workers (the "parties") to their Collective
Bargaining Agreement, which was originally effective from June 1, 2011 to May 31,
2015:
WHEREAS, the parties recognize that certain covenants contained in the existing
CBA may be to the detriment of the parties and the construction industry they seek to
serve if placed into effect or allowed to continue;
WHEREAS, the parties intend to alter the terms of their present CBA to avoid the
detrimental effect of certain contract terms that would be to the detriment of both parties;
WHEREAS, the Parties hereby state their intent to monitor their partnership
expressed in the Collective Bargaining Agreement during the five-year term of the
Agreement, and agree to meet collectively if necessary to address such issues that may
present themselves as to be a severe detriment to the partnership expressed herein the
Agreement;
WHEREAS, the parties intend to alter their present agreement only as stated
herein;
WHEREAS, the parties intend that the provisions of the June 1, 2011 through
May 31, 2015 CBA that are not specifically altered by this Term Sheet shall remain in
full force in effect through May 31, 2019;
WHEREAS, the parties intend the foregoing statements to be part of the
Agreement and not just mere recitals;
In consideration of the following, the parties have agreed the following changes:
1. The parties have agreed that this term sheet, and the unaltered terms of the parties'
June 1, 2011 through May 31, 2015 .CBA shall form the terms of a new CBA.
2. The parties agree that the new contract will expire on May 31, 2019.
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3. The parties have agreed to the following Wage/Fringe Benefit Packages & Increases:
Increase Total Package
Effective June 1, 2014
$1.55
$66.28
Effective June 1, 2015
$1.50
$67.78
Effective June 1, 2016
$1.30
$69.08
Effective June 1, 2017
$1.30
$70.38
Effective June 1, 2018
$1.3 5
$71.73
4. The provisions of the contract which are presently unlawful and unenforceable under
the Indiana Right to Work Statute are hereby eliminated from the contract. In the event
that said statute is null and void, such provisions shall be restored to the contract
automatically, retroactive to the date of the statute's nullification.
5. In addition to the changes set forth in the immediately preceding paragraph (4) (i.e.,
Indiana Right to Work Statute changes), the parties hereby make the following additional
specific language changes to the CBA to effectuate this Term Sheet:
1. Delete Section XVII entitled "Building Fund" in its entirety.
2. Section VII, last paragraph, change the date in the fifth sentence to 5-31-19.
3. Section XXXXVIII, change the date in the fourth sentence from May 31, 2015 to
May 31, 2019.
4. Section VII, page 17, delete the words "Building Fund ..... Terminated"
This Term Sheet is a fair and accurate representation of changes the parties wish to make.
The parties have no other Agreements or Understandings concerning relative to the
contract modification other than those stated herein.
DATED: 2014.
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For the Association
� �wN111�h�
For the Union
A&W
I'll eez4ref-lfllq
Page 3 of 3