HomeMy WebLinkAboutOpening of Bids - Century Center Parking Lot Entry Gate Improvements Proj No 118-035A - Larson Danielson Construction - 3THE COMMERCIAL AND BUILDING GENERAL
COLLECTIVE BARGAINING AGREEMENT
NEGOTIATED BY AND BETWEEN
THE NWI CONTRACTORS ASSOCIATION INCORPORATED
AND THE
LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA
STATE OF INDIANA
DISTRICT COUNCIL
FOR AND ON BEHALF OF
LIUNA LOCAL UNIONS #41 AND #81
EFFECTIVE
June 1, 2018
thru
May 31, 2023
INDEX
ARTICLE
PAGE
Agreement.........._.— ......... .... .....................
. ....................
1
ICoverage.......
................................................................................
2
IIForemen
............. ................. ........ ,.....,....... ,,........................................
8
IIIBargaining
Agent...........- .......... ......... .... .......................................
9
IVUnion
Security.......................................................................................
9
VWorking
Dues Check -Off ...............................................
......................
9
VI
Equal Employment Opportunity ......................................
.......................
11
VII
Selection of Labor -Employment Regulations .........................................
11
VIII
Welfare Trust Fund ........... . ....... ....... ,...................a
, ...,,.,....,.,.,...,
12
IX
Construction Workers of Lake County Health Reimbursement Account
Trust Fund — LIUNA Locals #41 Q...............................................
12
X
Construction Workers Pension Trust Fund LIUNA Locals #41 & #81...
13
XIAnnuity
Fund.....................................................................................
13
XII
Training Trust Fund ........... ...... ................. .......__.....
. _ .. ..........
14
XIII
Voluntary Laborers Political League (LPL) Check -Off ...
....... __... .......
14
XIVNotification
... ......................................... ...........................
........... .....
15
XV
Pre -Job Conference ................................... ,..
...................
15
XVI
Working Hours and Overtime .........................................___
........... ....
15
XVIIShift
Work.... , ......... .........................................
........
18
XVIIISteward.......,,
..................................... ..............,......,
............,,..,....
19
XIXNon
-Violation ...................... ...... _...... .... ,....,...................
..... _..............
20
XXPay
-Day............. ____ ............................. .....................
........ ...........
21
XXISafety
............ ...................................................................................,
22
XXII
Worker's Compensation... — .........................................
....................
22
XXIII
Elimination of Restrictions„ ...................... .,............. ,.,,.,.....,,.............
...
22
XXIV
Sub -Contractor ................................... .... ......................
........ .......
22
XXV
Management Rights .................... ................. ............................
_ ..._
23
XXVIUniformity....
......... ___ ..... .... ............. ..... ... ..................
.....
23
XXVII
Grievance Procedure ........... ................................................................
24
XXXIII
Most Favorable Terms...........................................................................
25
XXIX
General Provisions .....................................................
......... ......
26
XXXIndustry
Fund ............................................. ..................
....... ,..... —
27
XXXI
Schedule of Fringe Benefit Contributions ..............................................
28
XXXII
Hourly Wage Rates .... ,....... ......................................
..,,... ..........
28
XXXIII
General Savings Clause ....... ....... ................................. ....
...... ,...... .,,,.....
38
XXXIVBonding
.............. .................... ........... .... ....__......... .,...
....................
38
XXXVHealth
Care.. . ..... ................ ....................
...............
39
XXXVIBCRC/Drug
Testing..............................................................................
39
XXXVII
Notification of Termination Form (Code of Performance)
......................
41
XXXVIIIEffective
Date...,— . .................. ........ .... .........................................
41
Addendum
Notification of Termination Form..........................................................
43
DIRECTORY — LIUNA Offices............................................................
44
DIRECTORY — State of Indiana District Council & Affiliated Local Unions
45
DIRECTORY Of Locals by Counties ....................................................
51
THE COMMERCIAL AND BUILDING GENERAL
AGREEMENT NEGOTIATED BY AND BETWEEN
THE NWI CONTRACTORS ASSOCIATION INCORPORATED
AND THE
LABORERS' INTERNATIONAL UNION OF NORTH AMERICA
STATE OF INDIANA DISTRICT COUNCIL
FOR AND IN BEHALF OF
LIUNA LOCALS #41 AND #81
June 1, 2018 — May 31, 2023
THIS AGREEMENT is made and entered into this 1 st day of June 2018, by and between
the NWI Contractors Association Inc. (hereinafter referred to collectively as the
"Association") acting as negotiating agent for and on behalf of certain firms, Party of the
First Part. Employers signatory hereto are referred to herein for the purpose of clarity as
the "Employer", and Laborers' International Union of North America, State of Indiana
District Council, acting for and in behalf of LIUNA Locals #41 and #81 (hereinafter
"Union"), Party of the Second Part.
It is agreed and understood that the NWI Contractors Association Inc. are not responsible
in any manner whatsoever for the administration, implementation and/or performance of
this Agreement and that in no event shall it be bound as principal or be held liable as
negotiating agent or as principal in any manner for any breach of this contract by any of
the Employers signatory hereto.
It is further agreed that the liability of the Employers shall be several and not joint and the
liability of the Local Unions affiliated with the Laborers' International Union of North
America, State of Indiana District Council, shall be several and not joint. No purely
vicarious liability shall result to any such Employer or upon the Local Union for wrongful
acts of another such Employer or of another such Local Union.
It is understood that the Laborers' International Union of North America, State of Indiana
District Council, in signing this Agreement for and on behalf of all of its affiliated Local
Unions shall not be responsible for violation of this Agreement by the Local Union
affiliated with the Laborers' International Union of North America, State of Indiana
District Council, unless action by said Local in violation of the Agreement is ordered or
ratified by the Laborers' International Union of North America, State of Indiana District
Council, or unless the State of Indiana District Council fails to take whatever action may
be necessary to prevent the violation. Provided, however, that nothing contained herein
shall be construed as relieving the Local Union of the Laborers' International Union of
North America, State of Indiana District Council of their full responsibility.
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ARTICLE I
COVERAGE
Section 1. Work covered:
(a) This Agreement shall cover all work coming within the recognized
jurisdiction of the Laborers' International Union of North America as set forth in their
Manual of Jurisdiction as amended in October 1961, and by any amendments to this
Manual, and as now included in Section 1 of the Jurisdictional Guidelines booklet, adopted
by the Laborers' International Union of North America, State of Indiana District Council,
on the date of February 26, 1972, and as amended from time to time as mutually agreed
upon by both parties.
(b) The jurisdiction of work referred to in the wage classification and 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.
(c) The Parties to this Agreement are subject to and agree to submit any
unresolved jurisdictional dispute to International Representatives of all disputing trades
and, if a satisfactory or mutual understanding cannot be reached at that time, it will be
submitted to whatever Federal Governmental Agency, having the responsibility for the
resolution of such dispute. Any interpretation or decision by said Agency shall
immediately be accepted and complied with by all Parties bound by this Agreement. The
Employer and the Union agree that there will be no work stoppage during the period
pending a jurisdictional decision by the above mentioned Federal Agency.
(d) This Agreement shall have effect on and cover Construction Laborers
working for Employers on the herein mentioned classes of work in the territory covered
by this Agreement. This agreement excludes all Industrial Construction, maintenance,
repair, replacement, renovation, and modernization work at industrial production facilities
and work sites including but not limited to those sites using the National Maintenance
Agreement (NMA) the National Power Generation Agreement (NPGMA) or other
Industrial PLA's. Laborers jurisdiction of work was originally assigned under charter by
the AFL-CIO, traditional performance of work as established over a period of years by
many letters of assignment from Employers who are agreeable that Laborers possess the
skill and ability to perform such work by award from the National Labor Relations Board
and by mergers and amalgamation, it is agreed and understood that Laborers are tenders
of all Trades involved in the Construction Industry and the following is the work of the
Laborers:
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1. Digging of all ditches for any purpose, the excavation of all piers,
foundations, holes and trenches, including work incidental to the use of hydro -excavation
equipment; the lagging, sheeting, cribbing, bracing and propping of all foundations; all
work in connection with caissons, cofferdams, including all excavation, drilling,
jackhammering, blasting, shooting, scaling.
2. The loading, unloading, handling and distribution of all materials, fixtures,
furnishings and appliances from point of delivery to point of installation by any means,
hand, machinery, or power rigging.
3. The cleaning and clearing of all debris, including wire brushing of windows,
scraping of floors, removal of surplus material from all fixtures and that of all debris in
building and total construction area; the general clean-up, such as sweeping, cleaning,
wash -down and wiping of construction facilities and furnishings; the loading and removal
of all debris, including crates, boxes and waste material; washing of wall interior and
exterior; partitions, ceilings, blackboards, windows, bathrooms, kitchens, laboratories, and
all fixtures and furnishings therein; the mopping, washing, waxing and polishing and/or
dusting of all floors or areas.
4. The tending of all temporary heat when done by any process; the drying of
plaster, concrete, mortar or other aggregate when done by salamander heat or any other
drying process.
5. The tending of cement masons, brick masons, plasterers, carpenters and other
Building Construction Crafts. Tending shall consist of the preparation of all materials and
the handling and conveying of materials to the point of erection or installation to be used
by mechanics or other Crafts, whether such preparation is by hand or any other process,
including power rigging and incidentals thereto. After the material has been prepared or
unloaded, tending shall consist of the supplying and conveying of said material and other
materials, whether done by hand, shovel, bucket, hod, wheelbarrow or buggy, or other
motorized unit used for such purpose.
The tending of Carpenters shall consist of the conveying of all materials from point
of unloading to the point of installation or erection by any mode or method; the cleaning
of all materials, such as pulling of nails, the cleaning and oiling of all forms; the driving
of all stakes for bracing of forms, tending the saw man by off bearing the materials,
supplying material to the saw and the stacking of the finished product and then transferring
said materials to the point of installation on the project.
6. Scaffold erection, the total erection, building and installation, planking,
bolting, lining, leveling, bracing and the total dismantling of same; the building, planking,
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installation and removal of all staging, swinging and hanging scaffolds, Hydromobile
scaffold, Morgan, scaffolding, including maintenance thereof for all lathers, plasterers,
brick layers, masons and other Construction Trade Crafts; the preparation for foundations
or mud sills for all scaffolding, as well as maintenance shall be done by Laborers.
7. Pouring, laying and weather protection (weather protection is defined as
handling and fastening or securing concrete blankets, visqueen, burlap or any other
equipment for weather protection) of concrete and related work: Concrete, bituminous
concrete or aggregates for walls, footings, foundations, floors or for any other
construction; mixing, handling, conveying, pouring, vibrating, gunniting and otherwise
placing concrete or aggregates, whether done by hand or any other process; wrecking,
stripping; dismantling and handling concrete forms and false work; building of centers for
fireproofing purposes, firestop installation and other fireproofing materials; operation of
motorized wheelbarrows or buggies or machines of similar character, whether run by gas,
diesel or electrical power; when concrete or aggregates are conveyed by crane or derrick,
or similar methods, the hooking on, signaling, dumping and unhooking the bucket; the
placing of concrete or aggregates, whether poured, pumped, gunnited or placed by any
other process; the assembly, uncoupling of all connections and parts of, or to equipment
used in mixing or conveying concrete, aggregates or mortar, and the cleaning of such
equipment, parts and/or connections; all vibrating, grinding, spreading, flowing, puddling,
leveling and strike -off concrete or aggregates by floating, rodding or screeding, by hand
or mechanical means prior to finishing. Where pre -stressed or precast concrete slabs,
walls or sections are used, all loading, unloading, stockpiling, hooking on, signaling,
unhooking, setting and barring into place of such slabs, walls, or sections; all mixing,
handling, conveying, placing and spreading of grout for any purpose, green cutting of
concrete or aggregate in any form by hand, mechanical means, grindstones or air or water.
The filling and patching of voids, crevices, etc., to correct defects in concrete caused
by leakage, bulging, sagging, etc.
The loading, unloading, carrying, distributing and handling of all rods, mesh and
materials for use in re-inforcing concrete construction; the hoisting of rods, mesh and other
materials, except when a derrick or outrigger operated by other than hand power is used.
All work on interior concrete columns, foundations for engine and machinery beds.
The stripping of forms, other than panel forms, which are to be re -used in their
original form and the stripping of forms on all flat arch work.
The moving, cleaning, oiling and carrying of all forms to the next point of erection.
8. The grinding of all concrete surfaces by any mode or method.
9. The drilling of dowels of any and all sizes for the purpose of reinforcing new,
existing or additional concrete or like aggregates, by any mode or method, including
pneumatic, electric and core drills.
10. The snapping of all wall ties and removal of tie rods; the handling, placing
and operation of the nozzle, hoses and pots or hoppers or sandblasting or other abrasive
cleaning; the jacking of slip forms and all semi and unskilled work connected therewith.
11. The wrecking or dismantling of buildings and all structures; breaking away
roof materials, beams of all kinds, with use of cutting or other wrecking tools as necessary;
burning or otherwise cutting all steel structural beams; the breaking away, cleaning and
removal of all masonry and wood or metal fixtures for salvage or scrap; all hooking on,
unhooking and signaling when materials for salvage or scrap are removed by crane or
derrick; all loading and unloading of materials carried away from the site of wrecking; all
work in salvage or junk yards in connection with cutting, cleaning, storing, stockpiling or
handling of materials; all clean-up, removal of debris, burning, back -filling and
landscaping of the site of wrecked structure.
12. The underpinning, lagging, bracing, propping and shoring, raising and
moving of all structures, raising of structures by manual or hydraulic jacks or other
methods; all work on house moving, shoring and underpinning of structures; loading,
signaling, right-of-way clearance along the route of movement; re -setting of structure in
new location to include all site clearing, excavation for foundation and concrete work;
clean-up and back -filling, landscaping old and new site.
13. The clearing, excavating, filling, back -filling, grading and landscaping of all
sites for all purposes and all labor connected therewith, including chainmen, rodmen,
checkers, grade markers, etc.
14. Signal men on all construction work defined herein, including traffic control
signalmen at construction sites.
15. All Labor work, including skilled and semi -skilled, in connection with the
installation, sheeting, trenching, manhole erectors and the digging and back -filling of all
ditches, cutting of streets and surfaces and the refinishing of same for sewers, air lines,
water lines and conduit lines in free air, tunnel or compressed air projects.
16. The laying of all clay, terra-cotta, ironstone, vitrified concrete, metallic
and/or non-metallic pipe, cast iron, fiberglass, orange burg, transite, plastic, etc., or any
other type pipe for sanitary and/or storm sewers, forced main sewers, sub -surface drainage
projects, filter beds, water lines and conduit lines in streets, roadways, right-of-way
easements, building areas, etc., to the building line.
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17. All the unloading and distribution of all pipe and materials used in the
performance of work as set forth above.
18. All the service connections of pipe from main sewers or water lines to the
building line.
19. The laying of pipe and making of all connections and/or joints on any and all
types of pipe for water, sewer and/or any other uses, including laser alignment.
20. The cutting of streets and right-of-ways for laying of pipes, cables and/or
conduits for all purposes; digging of trenches and manholes, etc.; handling and conveying
of all materials; concreting, back -filling, grading and resurfacing and all other labor
connected therewith; clearing and site preparation as defined herein; cutting or
jackhammering of streets, roads, sidewalks or aprons by hand or the use of air or other
tools; digging of trenches, ditches and manholes and the leveling, grading and other
preparation prior to laying pipe or conduit for any purpose; loading, unloading, sorting,
stockpiling, wrapping, coating, treating, handling and distribution of water mains and all
pipe, including the placing, setting and removal of skids, cribbing, driving of sheet piling,
lagging and shoring of all ditches, trenches and manholes, handling, mixing or pouring of
concrete and the handling and placing of other materials for saddles, beds or foundations
for the protection of pipes, wires, conduits, etc.; back -filling and compacting of all ditches,
resurfacing of roads, streets, etc., and/or restoration of lawns and landscaping; unloading,
handling, distribution, the assembly in place, bolting and lining up of sectional metal or
other pipe including corrugated pipe; laying of lateral sewer pipe from main sewer to
building; laying, leveling and making of the joint of all multi -cell conduit or multi -purpose
pipe; cutting of holes in walls, footings, piers and/or other obstructions for the passage of
pipe or conduit for any purpose and the pouring of concrete to secure said holes; digging
under streets, roadways, aprons or other paved surfaces for the passage of pipe, by hand,
earth auger or any other method and manual and hydraulic jacking of pipe under said
surfaces; installation of septic tanks, cesspools and drain fields; all work in connection
with shafts, tunnels, subways and sewers; construction of sewers, shafts, tunnels, subways
and caissons.
21. The setting of all man -holes such as pre -cast poured in place block, brick,
setting of all cast iron catch basins and manholes and all work in connection thereto.
22. In compressed air, all work underground or in compression chambers,
including tending of the outer aid lock; all work in compressed air construction, including
but not limited to, groutmen, trackmen, blasters, shield drivers, miners, brakemen, miners'
helpers, lock tenders, mulching machine operators, motor men, gauge tenders, rodmen,
compressed air electricians, setting of liner plate and ring sets, drill runners, powdermen
0
or blasters, air hoist operators, form men, concrete blower operators, cement operators,
power knife operators, erector operators, steel setters, cage tenders, skinners, track layers,
dumpmen, diamond drillers, timbermen and re-timbermen, cherry pickmen, nippers,
chuck -tenders and cable tenders, vibratormen, jet gunmen, gunnite nozzlemen, gunmen,
reboundmen and all other work connected therewith.
23. Railroad Track Work: Right-of-way clearing, excavation, grading and sub -
grading, ballasting and compacting of right-of-way; loading, unloading, stockpiling,
handling and distribution of track and ties and placing of or jacking track and ties at point
of installation; all burning or otherwise cutting of track; setting of tie plates, bolting,
leveling and gauging of rails and all spiking, whether by hand or mechanical means,
placing and tamping of ballast by hand or mechanical means; construction and/or
relocation of mainlines, shoe flys, sidings, gradings, crossings, relocating of pipes and
drainage and culverts.
24. Asbestos Removal/Lead Base Paint Removal, Lead Awareness, Hazardous
Waste Removal and Infection Control Risk Assessment: All work in regards to the
dismantling, wrecking, clean-up, dilution process, loading, transporting, operation of
monitoring equipment, etc.
25. Fire Prevention and Control: Shall include but not be limited to the watching
for and prevention of fires (with a fire hose or fire extinguisher or other means) when there
is welding, burning, grinding, etc., being performed in an area where combustible
materials are present. Upon request of the Contractor, these Employees shall have
completed the Laborers Training Course in Fire Prevention and Control.
26. Sinking of wellpoints, installation of dewatering header systems.
27. Bobcats, Skidsteer Loaders, forklifts and lulls, including those machines
equipped with small jackhammers (special breakers) may be assigned Laborers for the
following work:
(a) building demolition work (inside the structure).
(b) minor excavation such as curb tear out and replacement.
(c) incidental use throughout the project
Section 2. Jurisdictional Disputes:
a) The Employer agrees to respect the jurisdiction of the Union and shall not make a
written or a permanent assignment of work to other Trades without first affording Parties
to the disputed work an opportunity to present evidence substantiating their claims. The
Employer does not waive any of his rights by permitting the inclusion of jurisdiction of
7
work in this Contract. Furthermore, no Business Manager has the authority to enter into
a written agreement with another Trade in regards to work jurisdiction.
b) It is agreed that there shall not be any work stoppages over jurisdictional disputes
with any Craft or Crafts employed on any project. Should jurisdictional disputes or
differences arise with other Parties which endanger the continuous progress of a project
which cannot be settled at the local level, the Employer shall make a written work
assignment in accordance with Area practice related to the specific project only and work
shall continue in accordance with the assignment by the Employer until representatives of
the International Union of all disputing Trades meet and bring about, or cause to bring
about, a satisfactory or mutual understanding with the Employer.
c) It is agreed and understood that the Union will make every effort to inform its
membership that there is a legally established neutral entrance or gate on a construction
site that is being picketed illegally and where work is being performed under the conditions
of this Agreement. The above does in no way waive any of the Employee's rights granted
him under the Constitution of the United States and/or Federal Government.
ARTICLE II
FOREMEN
Section 1. All Labor Foremen and Hod Carrier Foremen are included in the bargaining
unit. The Foreman shall be selected by the Employer and take directions from same.
Section 2. When five (5) or more Laborers, or five (5) or more Hod Carriers are
employed on any one project, a Foreman will be employed. Said Foreman may perform
manual labor but he shall receive the Foreman rate as stipulated herein.
Section 3. When there are three (3) or more Foremen on a project, one (1) shall be
assigned as General Foreman.
Section 4. In no case shall a Foreman have the authority to hire or discharge Employees.
All hiring and discharging will be done either by the Superintendent of the Party of the
First Part, or by the Party of the First Part.
Section 5. At no time shall one Foreman have more than fifteen (15) Laborers or Hod
Carriers under his leadership. The principal duties of a Labor Foreman with fifteen (15)
Employees is to supervise and direct the work force.
ARTICLE III
BARGAINING AGENT
Section 1. The NWI Contractors Association Incorporated recognizes the Laborers'
International Union of North America, State of Indiana District Council, as the sole and
exclusive multi -union Collective Bargaining Representative for all Employees in the Unit,
consisting of Construction Laborers, who are employed by the Employer on all work and
classifications set forth in this Agreement.
Section 2. The State of Indiana District Council and its affiliated Local Unions #41 and
#81 likewise recognizes the NWI Contractors Association Incorporated as the sole and
exclusive Collective Bargaining Representative for all Employers for all work set forth in
Article I for the area outlined in this Agreement.
ARTICLE IV
UNION SECURITY
Section 1. The Contractor, or Employer, recognizes and acknowledges that the
Laborers' International Union of North America, State of Indiana District Council for and
on behalf of Local Union #41 and Local Union #81 is the sole representative of all
Employees in the classification of all work under its jurisdiction covered by this
Agreement, for the purpose of collective bargaining.
Section 2. In the event that said statute Indiana Public Law No. 2.2012,HE.A. 1001 which is
codified at Indiana Code 22-6-6, et seq is null and void, such provisions shall be restored to
the contract automatically, retroactive to the date of the statute's nullification.
ARTICLE V
WORKING DUES CHECK -OFF
Section 1. Each Employer signatory to this Agreement agrees to deduct from the pay of
Employees covered by this Agreement regular and uniform Working Dues, in the amount
designated by the Union, provided, before any such deduction is made, the Union shall
secure and furnish to the Employer a properly signed Authorization form from each
Employee permitting such deductions. Such deductions shall be remitted by the loth of
each month, following the end of the month for which deductions are made, to the
designated depository at the same time and accompanying Health & Welfare, Pension and
Training contributions submitted electronically or by separate check and report of gross
0
wages. The designated depository shall be called the State of Indiana District Council of
Laborers Working Dues Fund.
Section 2. The Authorization and Assignment of Working Dues shall be irrevocable for
the period of one (1) year or until the termination of this Collective Bargaining Agreement,
whichever period is less, unless written notice is given by the Employee to the Employer
and to the Union, not more than sixty (60) days and not less than thirty (30) days before
any periodic renewal date. In case no such notice is given, the Authorization shall continue
in effect from year to year until such notice is given.
Section 3. Violation of the Dues Check -Off Clause of this Agreement is specifically
exempted from the application of the grievance and arbitration procedure. (If the
Employer violates the provisions of the dues check -off clause of this Agreement, the
Union, without violation of this Agreement, shall be permitted to strike the Employer to
remedy such violation, provided, the Employer is given a certified written notice by the
Union of its violation and is further allowed a period of fifteen (15) days to remedy said
violation).
Section 4. The Employer, or his authorized representative, shall notify the Local Union
of the Party of the Second Part of all Employees given employment covered by this
Agreement, by submitting on the first fringe benefit report after hire in, in order that the
Union may obtain the required and necessary information from the aforesaid individuals
to properly register them in the Working Dues Check -Off.
Section 5. Check -Off. The Employer agrees to honor, upon presentation by the Union,
all assignments from initiation fees, membership dues, readmission fees, and working
dues, which have been properly signed by an Employee on a form furnished by the Union,
to deduct the amount stated therein from the wages earned by the Employee and to pay
the amount so deducted to the respective Local Union, provided, however, that this Section
shall apply only to those assignments which are irrevocable for one year or until this
Agreement expires, whichever occurs sooner, and to those assignments which, in addition,
provide that they shall automatically renew themselves for successive yearly or applicable
contract periods thereafter, whichever is less, and which further provide that the Employee
may revoke said assignments by giving written notice thereof to the Employer and the
Union at least thirty (30) days and not more than sixty (60) days before any periodic
renewal date (See Appendix B).
Section 6. The Union shall defend, indemnify, and hold the Employer harmless against
any and all claims, demands, lawsuits or other forms of liability that may arise out of or
by reason of action taken or not taken by the Employer for the purpose of complying with
any such Employee's written authorizations. The provisions of this Article shall be
interpreted in a fashion consistent with applicable federal and state laws.
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ARTICLE VI
EQUAL EMPLOYMENT OPPORTUNITY
Section 1. As used in this document, the terms "he", "his", or similar masculine pronouns
shall be construed to include the feminine alternatives of such pronouns. Such terms are
used solely for grammatical purposes and shall not be construed to limit this contract or
its application on the basis of sex, race, national origin or any other classifications.
Section 2. The Employer will not discriminate in hiring of Employees and will conform
to laws with respect to hiring.
Section 3. It is a condition of this Agreement, agreed to by both the Union and the
Employer, to provide equal opportunity in employment for all qualified persons and to
prohibit unlawful discrimination in employment because of race, religion, age, sex,
disabilities, veteran status, color or national origin. There shall be full compliance with
all applicable Federal and State statutes, regulations, rules and orders of appropriate
Federal or State agencies having jurisdiction over the subject matter of discrimination in
employment.
Section 4. The Union and the Employer shall fully comply with all the requirements
contained in Executive Orders and will comply with all rulings promulgated by the
Committee on Equal Opportunity established thereunder. The Union agrees to furnish the
Employer at his request any statement or data required by any Executive Order.
ARTICLE VII
SELECTION OF
LABOR -EMPLOYMENT REGULATIONS
Section 1. (a) In employment, no applicant shall be discriminated against for membership
or non -membership in the Union. When the Employer has requested the Union to furnish
Employees for a job, such Employees shall be referred by the Union on a non-
discriminatory basis along with the union referral rules that all fully comply with all
applicable federal and state laws.
(b) The Employer retains the right to reject any applicant whether furnished by the
Union or not, and further the Employer shall have the right to determine the competency
and qualifications of his Employees and the right to discharge for just cause.
11
(c) The Employer may call the Union for an individual by name, provided he is not
employed by another Employer. Under such circumstances the Union shall refer such
individual.
Section 2. Documentation and Verification — The Employer and the Union will work
cooperatively to assure that both Parties comply with their legal responsibilities under the
Immigration and Reform and Control Act of 1986. In so doing, the Union will request
from each Employee before referring them to an Employer, documentation which
establishes citizenship or other legal status to work in the United States. These documents
shall be any of the documents which are allowed under the regulations promulgated under
IRCA. This section may be amended mutually when regulations are finalized on these
requirements.
Section 3. 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.
ARTICLE VIII
WELFARE TRUST FUND
Section 1. On work covered by this Agreement, the Employer agrees to pay into the
Indiana Laborers Welfare Fund the amount in cents per hour as shown in Article XXXI.
Payment shall be made on the dates, in the manner, form and in accordance with the rules
and regulations as adopted by the Trustees of the herein mentioned Welfare Fund. The
Employer may submit funds electronically.
Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust,
entered into and dated May 25, 1953, establishing the Indiana State District Council of
Laborers and Hod Carriers Welfare Fund and Participating Employers and by any
amendments to said Trust Agreement.
Section 3. The Welfare Trust Fund shall be administered in accordance with all provisions
of applicable law.
ARTICLE IX
CONSTRUCTION WORKERS OF LAKE COUNTY
HEALTH REIMBURSEMENT ACCOUNT TRUST FUND,
LIUNA LOCALS #41 & #81
Section 1. On work covered by this Agreement, the Employer agrees to pay into the
Construction Workers of Lake County Health Reimbursement Account Trust Fund the
amount in cents per hour as shown in Article XXXI. Payment shall be made on the dates,
12
in the manner, form and in accordance with the rules and regulations as adopted by the
Trustees of the herein mentioned Construction Workers of Lake County Health
Reimbursement Account Trust Fund. The Employer may submit funds electronically
Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust
entered into and dated June 1, 2015, establishing the Construction Workers of Lake
County Health Reimbursement Account Trust Fund and by any amendments to said Trust
Agreement.
Section 3. The Construction Workers of Lake County Health Reimbursement Account
Trust Fund shall be administered in accordance with all provisions of applicable law.
ARTICLE X
CONSTRUCTION WORKERS
PENSION TRUST FUND
LIUNA LOCALS #41 & #81
Section 1. On work covered by this Agreement, the Employer agrees to pay into the
Construction Workers Pension Trust Fund the amount in cents per hour as shown in Article
XXXI. Payment shall be made on the dates, in the manner, form and in accordance with
the rules and regulations as adopted by the Trustees of the herein mentioned Pension Trust
Fund. The Employer may submit funds electronically.
Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust
entered into and dated June 1, 1960, establishing the Construction Workers Pension Trust
Fund and Participating Employers and by any amendments to said Trust Agreement.
Section 3. The Pension Trust Fund shall be administered in accordance with all provisions
of applicable law.
ARTICLE XI
ANNUITY FUND
The undersigned Employer agrees to be bound by the Central Laborers' Annuity Fund's
Agreement and Declaration of Trust, as amended, as though the Employer had actually
signed the same. The undersigned Employer understands, accepts and acknowledges that
the Trustees of the Annuity Fund have the right to make reasonable Rules and Regulations
relating to the administration of the Fund (including, but not limited to, rules related to the
payment of contributions and the Fund's rights and remedies to collect delinquent
13
contributions). The undersigned Employer agrees to accept Annuity Fund's Rules and
Regulations, as amended from time to time.
ARTICLE XII
TRAINING TRUST FUND
Section 1. On work covered by this Agreement, the Employer agrees to pay into the
Indiana Laborers Training Trust Fund the amount in cents per hour as shown in Article
XXXI. Payment shall be made on the dates, in the manner, form and in accordance with
the rules and regulations as adopted by the Trustees of the herein mentioned Training Trust
Fund. The Employer may submit funds electronically.
Section 2. The Employer agrees to be bound by the Agreement and Declaration of Trust
entered into and dated April 1, 1968, establishing the Indiana Laborers Training Trust
Fund and Participating Employers and by any amendments to said Trust Agreement.
Section 3. The Indiana Laborers Training Trust Fund shall be administered in accordance
with all provisions of applicable law.
ARTICLE XIII
VOLUNTARY LABORERS POLITICAL LEAGUE (LPL) CHECK -OFF
Section 1. The Employer may deduct and transmit to the Laborers Local #41 Political
Fund and/or Laborers Local #81 Political Fund $.05 for each hour worked from the wages
of those Employees who have voluntarily authorized Laborers Political League (LPL)
contributions or the amount normally deducted in each applicable Local Union or District
Council Agreement. The Employer shall retain two percent (2%) of the proceeds of the
LPL check -off to cover its reasonable administrative expenses in administering the check-
off. Transmittals shall occur monthly, and shall be accompanied by an indication on the
benefit reporting form of those Employees for whom such deductions have been made,
and the amount deducted for each such Employee.
Section 2. The Laborers International Union of North America Locals #41 and #81 agree
to indemnify and hold harmless the Employer from any and all claims, actions and/or
proceedings arising out of said Laborers Political League.
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ARTICLE XIV
NOTIFICATION
Section 1. The Employer or his authorized representative shall contact the Local Union
of the Party of the Second Part for all hires covered by this Agreement before placing them
on the Employer's payroll.
In the event an Employer signatory hereto violates this Article, the Union shall have the
right to file a grievance.
ARTICLE XV
PRE -JOB CONFERENCE
Section 1. Upon written notice or e-mail request by either Party, a pre job conference will
be held five (5) working days prior to the time the Employees of such Employer begin
work, for all projects executed per the terms of this agreement with a total project value
of $250,000 or greater. For projects executed per the terms of this agreement with a total
project value of $100,000 to $249,999.99, the contractor will notify the union via e-mail
five (5) working days prior to mobilization.
Section 2. If either Party refuses to honor the request for a pre job conference within five
(5) working days from receipt of requested pre job conference or does not abide by a
previously agreed and signed pre job conference or in the event a pre job is not mutually
agreed to and signed by both Parties upon request, the Local Union has the right to picket,
strike and/or withhold Employees and/or levy a $500 fine. However, no picketing,
striking, withdrawal or withholding of Employees will occur until the State of Indiana
District Council has had an opportunity to investigate said violation.
Section 3. Likewise, it shall not be in violation of this Agreement for an Employer to
commence work without such requested pre job conference, if the Union fails to meet for
a pre job conference on a date prior to that scheduled by the Employer for the
commencement of work.
ARTICLE XVI
WORKING HOURS AND OVERTIME
Section 1. Work Week/Work Day,
(a) The regular work week shall be a forty (40) hour week, Monday a.m. through
Friday p.m. The project starting time shall be established in the pre job conference
15
(Article XV). Once established, the project starting time shall not be changed without
mutual consent of both parties.
(b) If an Employee is required to start work prior to the regular starting time
established in the pre job conference, said Employee shall receive one and one-half (1 1/2)
times the regular rate of pay for each hour worked prior to the regular starting time.
(c) At the pre job conference, the Contractor shall be entitled to elect working his
Employees under one of two options.
1. On the basis of five (5) consecutive work days, Monday through Friday,
eight (8) hours per day, or;
2. On the basis of four (4) consecutive work days, Monday through
Thursday, ten (10) hours per day.
(d) The option selected during the pre job conference must be mutually agreed to
and may be changed only by the Contractor giving notification to the Union five (5) days
in advance of such change.
(e) If the Contractor elects Option 1, all hours worked by the Employee in excess
of eight (8) hours in any one day (exclusive of lunch period) or over forty (40) hours in
one work week (Monday through Friday) shall be paid at the rate of one and one half (1
1/2) times the regular rate of pay.
(f) If the Contractor elects option 2, all hours worked by the Employee in excess
of ten (10) hours in any one day (exclusive of lunch period) or over forty (40) hours in any
one work week (Monday through Thursday) shall be paid at the rate of one and one-half
(1 1/2) times the regular rate of pay.
Section 2. Mason Tenders — It is agreed and understood that Mason Tenders who start
work before the established project starting time will be paid one and one-half (1 1/2) times
the regular rate of pay for those early hours.
Section 3. Sundays and Holidays:
a) Work performed on Sundays and Holidays will be paid at double (2x) the regular
rate of pay. Holidays recognized by this Agreement are New Year's Day, Memorial Day,
Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. (No work shall be
performed on Labor Day except to save life or property). On a jobsite where another craft
employed by the same contractor has the day after Thanksgiving, the Laborers will be
granted the same Holiday.
[G
Section 4. Reporting to Work:
OPTION 1. Five (5) eight (8) hour days:
(a) The Employer will not be obligated to pay any Laborer appearing for work if
failure to go to work is due to inclement weather, Acts of God, vandalism, or a work
stoppage by another craft. Otherwise, two (2) hours of pay at the regular rate will be
allowed for two (2) hours time for reporting to work, provided the Laborer remains at the
jobsite to perform whatever work may be assigned to him.
(b) If an Employee actually starts to work, he shall receive four (4) hours pay,
except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by
another craft.
(c) If an Employee works for longer than four (4) hours, he shall be paid for eight
(8) hours, except in cases of inclement weather, Acts of God, vandalism, or a work
stoppage by another craft.
PION 2. Four (4) ten (10) hour days:
(a) The Employer will not be obligated to pay any Laborer appearing for work if
failure to go to work is due to inclement weather, Acts of God, vandalism, or a work
stoppage by another craft. Otherwise, two (2) hours of pay at the regular rate will be
allowed for two (2) hours' time for reporting to work, provided the Laborer remains at the
jobsite to perform whatever work may be assigned to him.
(b) If an Employee actually starts to work, he shall receive five (5) hours pay,
except in cases of inclement weather, Acts of God, vandalism, or a work stoppage by
another craft.
(c) If an Employee works for longer than five (5) hours, he shall be paid for ten
(10) hours, except in cases of inclement weather, Acts of God, vandalism, or a work
stoppage by another craft.
(d) On overtime work, under Option 1 or Option 2, if an Employee reports to work,
he shall receive two (2) hours pay at the regular rate of pay, except in cases of inclement
weather, Acts of God, vandalism, or a work stoppage by another craft.
(e) On overtime work, under Option 1 or Option 2, if an Employee starts to work,
he shall receive four (4) hours of premium pay or the actual hours worked times the
premium rate of pay (whichever is greater) except in cases of inclement weather, Acts of
God, vandalism, or a work stoppage by another craft.
17
(f) It is understood that, consistent with this Section, the Employee will not be
docked for time lost due to breakdowns of machinery or while waiting for materials.
Section 5. Clothing and Equipment — The Employer will furnish special wearing apparel
such as rain hats, coats and boots to protect the Employee when working in inclement
weather or adverse conditions. The Employer will also furnish safety equipment such as
safety hats, safety goggles, respirators and protective masks and slip -over boots for all
Employees working in concrete. The Employer will furnish safety or steel toe footwear
and metatarsal footwear when required as PPE by the owner to the Employee. It is agreed
and understood that the Employer will be permitted to charge any Employee for such
wearing apparel and safety equipment should the Employee fail to return any item issued
to him. Any Employee required to work in hazardous environments will be provided all
equipment that is required, including gloves.
Section 6. Lunch:
a) A lunch period of thirty (30) minutes will be established between the three and
one-half (3 1/2) and the four and one-half (4 1/2) hour of the regular work day. The Employer
will provide a suitable and sanitary place to eat.
b) When an Employee is required to take his lunch period after the four and one-
half (4 1/2) hour, said Employee will be paid at one and one-half (1 1/2) times the regular
rate of pay for the thirty (30) minute lunch period and shall be allowed a fifteen (15) minute
lunch period at his regular rate of pay.
c) After ten (10) hours of work, the Employees will be granted a twenty (20) minute
paid lunch period. When Employees are required to work through this second lunch
period, they will be paid an additional twenty (20) minutes at the applicable overtime rate
of pay. This second lunch period will be taken consistent with the other trades, when
feasible.
d) A paid fifteen (15) minute break shall be allowed for all Employees covered by
this Agreement between the 2nd and 3rd hour of the regular work day, unless the
Employees are pouring concrete or work being performed to save life or property.
ARTICLE XVII
SHIFT WORK
Section 1. The Employer may elect to work not in excess of three (3) shifts. No work
shall be considered shift work under this Article unless two (2) or more shifts are worked
18
for a period of three (3) consecutive days, except when the period required is broken by
Sundays, Holidays, an Act of God, inclement weather or strike. If the shift is broken
before such three (3) consecutive days, the applicable overtime rate will apply.
Section 2. When shifts are required, the first shift shall work eight (8) hours at the regular
straight time rate. The second shift shall work seven and one-half (7 1/2) hours and receive
eight (8) hours pay at the regular straight time rate and eight (8) hours fringe benefits. The
third shift shall work seven (7) hours and receive eight (8) hours pay at the regular straight
time rate and eight (8) hours fringe benefits. When two (2) ten (10) or twelve (12) hour
shifts are required, the first shift shall work eight (8) hours at the regular rate of pay with
all hours thereafter paid at the applicable overtime rate except on Saturday, Sunday or any
Holiday recognized in this Agreement which will be paid in accordance with Section 3 of
this Article. The second shift shall work nine and one-half hours (9.5) for ten (10) hours
pay and fringes as described above or eleven and one-half (11.5) hours for twelve (12)
hours pay and fringes as described above with all hours in excess of eight (8) hours being
paid at the applicable overtime rate.
Section 3. When Employees are required to work overtime on the First Shift, they shall
be paid the established overtime rate of pay for all hours worked in excess of eight (8)
hours on any one (1) shift.
Section 4. When Employees are required to work overtime on the Second Shift, they shall
be paid the established overtime rate of pay for all hours worked in excess of seven and
one-half (7 1/2) hours. Fringes shall be paid on all hours worked.
Section 5. When Employees are required to work overtime on the Third Shift, they shall
be paid the established overtime rate of pay for all hours worked in excess of seven (7)
hours. Fringes shall be paid on all hours worked.
Section 6. When an Employee is required to work overtime, the Employer will be
obligated to continue paying the applicable overtime rate until the Employee has had an
eight (8) hour break.
ARTICLE XVIII
STEWARD
Section 1. When the Business Manager or his designated representative deems it
advisable, he may, upon written notice to the Employer, appoint from the Employer's
existing work force a Steward or Stewards on any given project. In the event an Employer
is performing work on a project covered by this Agreement without the employment of
any Local #41 or Local #81 members, the Union shall have the right to appoint a steward
19
from the respective Local Union to be employed. This is not to be interpreted that Local
#41 or #81 is only entitled to one member on the project. All Stewards will have Union
training, or will be afforded the opportunity to receive the Stewards training during non -
work hours, provided they are willing to be trained. Said Steward is to be recognized by
the Employer and he shall have the right to act on any grievance without discrimination.
Said Steward shall be a working Employee and shall be retained on any given project as
long as, or when any Employee covered by this Agreement is employed on the project by
the Employer, in accordance with Article VII, Section 1 (b).
Section 2. In case the Steward cannot settle any dispute or grievance, the Business
Manager shall be notified to take up with the Party of the First Part said grievance. For
all purposes of this Agreement, it is understood that the duties of the Steward are limited
to:
(a) To insist that the provisions of this Agreement be complied with by the First
and Second Parties.
(b) To report to the Business Manager any question that he cannot settle with the
Party of the First Part.
(c) To report unsafe conditions to the Job Superintendent.
Section 3. When the Employer starts a special crew or 2nd or 3rd shift crews, he will not
be compelled to use the same Steward on the special or shift work as on the regular work.
When overtime or weekend work is required, the Steward will have the first opportunity
to work unless the Employer needs an Employee who possesses a certain skill the Steward
cannot perform. In the event of an emergency, the Employer may determine the most
qualified Employee called. In this case, the Steward will be the second person called.
Section 4. In the event of a general lay-off by the Employer for any reason, the Steward
shall be the first Employee recalled, unless the Employer needs an Employee who
possesses specific skills that a Steward cannot perform. In that event, the Employer may
recall another Employee and the Steward will be the second man recalled.
ARTICLE XIX
NON -VIOLATION
Section 1. It shall not be a violation of this Agreement, if an Employee or Employees
cease work because of:
20
(a) Dispute arising out of the failure of the individual Employer to meet the payroll
for Employees covered by this Agreement.
(b) Dispute because a payroll check is dishonored.
(c) Non-payment of contributions set forth under Article VIII, Article IX, Article
X, Article XI and Article XII, covering the Trust Funds under the respective
Articles mentioned herein and Article V covering Working Dues deductions
and as in the manner and accordance as prescribed herein, provided the
Employer is sixty (60) days delinquent.
(d) Failure of an individual Employer to comply with the terms and provisions of
Article XV of this Agreement, covering Pre -Job Conferences.
ARTICLE XX
PAY-DAY
Section 1. The Employer shall pay Employees weekly and the payment shall be in full for
the payroll period and shall be in cash or by check. If payment is not received on the
regular scheduled payday by the Employee or Employees there will be a 4 hour per day
penalty for every workday the Employee or Employees have to wait for their pay that was
due on that regular scheduled pay day. In the event Employees covered by this Agreement
are laid off permanently or discharged, they shall be paid immediately. It is strictly
understood and agreed that, should any Employee discharged or laid off permanently be
required to report the next morning to collect his pay he shall receive four (4) hours show
up pay for reporting for his pay for each subsequent morning on which he returns until
paid. Employees who quit voluntarily shall be paid at the next regular pay day. However,
when Employees are laid off or discharged between the hours of 6:00 p.m. Friday through
8:00 a.m. on Monday because of unscheduled or emergency requirements, the Employee
will be paid by 11:00 a.m. Monday, unless special arrangements are made with the
Employer. This will in no way supercede the Employer's requirement to pay the regular
scheduled payday or lay-off as outlined above.
Section 2. Each weekly pay shall be accompanied by a statement listing the name of the
Employee and Employer, the date, the number of hours worked, both straight and
overtime, the monies deducted and for what purpose said deductions were made.
21
ARTICLE XXI
SAFETY
Section 1. The Employer agrees to provide safe working conditions and practices as set
forth in current Safety Standards for the Construction Industry.
Section 2. It is agreed that all Employees covered by this Agreement shall fully comply
with all safety directives issued by the Employer and shall properly utilize all safety
equipment provided by the Employer when so directed. Failure to comply with these
provisions may be cause for discharge. Furthermore, it is agreed and understood that the
Employee shall retain the right to refuse to work under conditions considered to be
hazardous or unsafe.
ARTICLE XXII
WORKER'S COMPENSATION
Section 1. The Employer agrees to ensure that all Worker's Compensation claims will be
filed in the most timely and expeditious manner and in any event not later than seven (7)
days following the illness or injury. Upon request, the Employer agrees to provide the
Employee and/or the Local Union involved the name and address of the Employer's
insurance carrier.
ARTICLE XXIII
ELIMINATION OF RESTRICTIONS
Section 1. No rules, customs or practices shall be permitted that limit production or
increase the time required to do any work. There shall be no limitation or restriction of the
use of machinery, tools, or other labor-saving devices, except that no shovel larger than a
No. 2 shall be used other than on snow and light weight materials.
ARTICLE XIV
SUB -CONTRACTOR
Section 1. The Employer shall not contract any work covered by this Agreement to be
done at the site of construction, alterations, repairs or any new construction to any person,
firm or company that does not have an existing labor agreement or will not sign an
agreement with the Union covering such work within the scope of this Agreement.
22
Provisions of this Sub -Contracting Clause shall be suspended for the following conditions
on a project:
1. A signatory contractor acting in the capacity of a CMc who is complying with
applicable legal public works and responsible bidder contract bidding and award
requirements required by House enrolled ACT 1196. Furthermore, the CMc shall
have no liability under this Article.
Section 2. This Agreement shall also apply to any work covered by this Agreement that
is performed by a joint venture in which the Employer has an ownership interest and the
Employer agrees on behalf of any such joint venture in which the Employer has an
ownership interest that the joint venture will comply with the requirements of this Article.
ARTICLE XXV
MANAGEMENT RIGHTS
Section 1. The Employer retains and shall exercise full and exclusive authority and
responsibility for the management of its operations, except as expressly limited by the
terms of this Agreement.
ARTICLE XXVI
UNIFORMITY
In the event that any other employer or employer group reaches an agreement with
the Laborers International Union of North America, State of Indiana District Council
covering in any part the same work as this Agreement, that is in the opinion of the
Association in any respect more favorable than a term of this Agreement, then said term
shall be a part of this Agreement as of the effective date of the more favorable provision.
The Laborers International Union of North America, State of Indiana District Council shall
notify the Association, by certified mail, return receipt requested, within seven (7)
calendar days of entering into any agreement with any other employer or employer group
covering any part of the same work as is covered by this Agreement, and shall provide the
Association with a copy of any other labor agreement now or hereafter negotiated with
anyone else covering in any part the same work as this Agreement but containing any
different terms or conditions.
Within seven (7) calendar days of entering into an "Assent of Participation",
"Memorandum of Agreement", or other similar agreement, the Laborers International
Union of North America, State of Indiana District Council will notify by certified mail,
return receipt requested, and provide the name and address of any employer or employer
23
group who signs any such "Assent of Participation", Memorandum of Agreement", or
similar agreement or who otherwise becomes bound to an agreement containing the same
terms and conditions as this Agreement.
Nothing in this Article applies to agreements entered into by Laborers International
Union of North America, State of Indiana District Council and any other employer that
are more favorable only by force of law.
ARTICLE XXVII
GRIEVANCE PROCEDURE
Section 1. (a) There shall be no stoppage of work on account of any difference of
opinion, or dispute which may arise between the Parties of the First Part and Second Part.
It is agreed by the Parties that all grievances, disputes, or claims, which may arise with
respect to the enforcement or interpretation of any of the terms of this agreement are to be
resolved in the following manner:
All grievances, disputes, or claims which may arise between Employers signatory
to this Agreement or Employees who have accepted this Agreement and thus become
parties hereto shall be resolved in the following manner:
(1) The dispute shall first be discussed by the Job Steward or other Union
Representative and the Employer's Foreman and/or Superintendent.
(2) If the grievance is not resolved, then the dispute shall be referred to the
Business Representative of the Union and the Employer's Representative.
(3) In the event said dispute has not been resolved, the State of Indiana District
Council, through its Representative, shall meet with the Employer's Representative, in an
attempt to resolve said dispute.
(4) In the event that the dispute is not settled, either Party may, through written
notice to the other Party, submit the grievance or dispute to final and binding arbitration.
(5) The Arbitrator shall be selected in the following manner:
The Federal Mediation and Conciliation Service shall be requested to submit a
panel of arbitrators of which names are alternately struck until the remaining arbitrator,
whose name remains on the list, shall serve as the arbitrator to hear and decide the dispute
and/or grievance. The arbitrator's decision shall be final and binding on both parties.
24
It is agreed, however, that compliance with a final decision of the arbitrator pending
a judicial review of such decision shall not be deemed a waiver of the right to seek judicial
review.
The cost of the arbitrator shall be borne equally by both Parties to the grievance
and/or dispute.
Section 2. Notice of the grievance or dispute shall be made to the Employer and Local
Union involved, in writing, by certified mail, within ten (10) days from occurrence of the
alleged violation or dispute. The Parties agree that any particular grievance or dispute not
called to the attention of the individual Employer and the Local Union within ten (10) days
after the alleged violation shall be deemed to have been waived.
Section 3. Copies of the decision made by the Grievance Committee and/or the
Arbitrator shall be mailed to the Employer and the Union.
Section 4. There shall be no stoppage of work on account of any difference of opinion
or dispute which may arise between the Parties of the First and Second Part, or between
this and any other unit or units of Organized Labor, or between other units of Organized
Labor, or between any unit or units of Organized Labor and any other division of the
Construction Industry.
Section 5. EXCEPTIONS —Notwithstanding the other provisions of this Article, it shall
not be a violation of this Agreement if any Employee or Employees of an Employer cease
work or picket because of non-payment of wages, dishonored payroll checks, non-
payment of Health and Welfare contributions, Pension contributions, Training
contributions, and/or Working Dues deductions by said Employer.
ARTICLE XXVIII
MOST FAVORABLE TERMS
If the Association has entered into (or allowed employers to enter into) another Agreement
with the Union that applies to work that may also be covered by this Agreement, then the
employer may select the agreement which applies the most favorable terms to execute the
work.
25
ARTICLE XXIX
GENERAL PROVISIONS
Section 1. This Agreement covers the entire understanding between the Parties hereto.
No oral or written rule, regulation, or understanding not incorporated herein will be of any
force or effect upon any Party hereto.
Section 2. This Agreement shall apply from and after its effective date as hereinafter
provided.
Section 3. The Employer shall at all times provide sanitary drinking water and containers,
iced water when necessary, and toilet facilities, same to be stationed conveniently to all
Employees.
Section 4. The Employer shall make reasonable efforts to make provisions for permitting
access to the job site by the Business Manager of the Local Union, or his duly appointed
Field Representative. If the Business Manager of a Local Union is denied access to a job
site for the purpose of transacting business, he shall notify the main office of the Employer
to assist him in obtaining admission.
Section 5. When a job is located within a Plant, the Employer shall provide (for regular
shifts) adequate means for transporting Employees from the Plant entrance, to the job,
provided the operation of the job is one-half (1/2) mile or more from the Plant entrance.
Vehicles shall be properly covered during cold or inclement weather. When this condition
exists, Employees will go in to work on their time and go out from work on the Employer's
time.
Section 6. When any Employee or Employees work in two (2) or more Classifications
during the period of the first half of the shift, he or they shall receive the wage rate of the
highest Classification for such period and an Employee or Employees working in two (2)
or more Classifications during the second half of the shift shall receive the wage rate of
the highest Classification for such period.
Section 7. Any Contractor who signs this Agreement to perform work covered by this
Agreement has the option of signing any other Agreement negotiated by the State of
Indiana District Council of Laborers and any other Employer Group covering any and all
work of the Construction Industry covered by the Laborers and pay the applicable wages,
fringes and other conditions contained therein. If the Employer is signatory to another
collective bargaining agreement with the Laborers International Union of North America,
State of Indiana District Council that covers work covered by this Agreement and the
Employer elects to perform such work under such other collective bargaining agreement,
then the employer shall have no obligations to pay the wage rates, pay the fringe benefit
26
contributions, and/or to perform the other obligations under this Agreement, but instead
shall pay the wage rates, pay the fringe benefit contributions, and perform the other
obligations under the other collective bargaining agreement for such work.
Section 8. Upon request by the Employer, the Employees' training and/or work record
will be made available.
ARTICLE XXX
INDUSTRY FUND
Section 1. Each Employer signatory to this Agreement hereby agrees to contribute to the
Construction Advancement Foundation of Northwest Indiana (hereinafter "CAF"), the
amount in cents per hour as shown in Article XXXI, for each hour worked by the
Employees covered by this Agreement, it being understood and agreed that the
enforcement, administration, etc., is solely the responsibility of the Employer, through the
CAF in accordance with all Federal and State laws and regulations covering such Trust
Funds.
Section 2. It is expressly understood and agreed that no Employee, Employer or Union
has any vested or proprietary interest in or right to any sum constituting a part of CAF or
the funds contributed to CAF.
Section 3. It is expressly understood and agreed that the Board of Directors of the CAF
have the authority to conduct an audit of the records of any Employer to determine whether
such Employer is contributing to the CAF in accord with the provisions of this Article. It
is further understood that, in the event an Employer is determined to be delinquent and/or
to have failed to make contributions as required in this Article, any legal expenses of the
CAF, including attorney fees, court costs and audit expenses, incurred in the audit and
collection of such delinquent and/or non -contributed funds shall be borne by the
Employer. It is further understood and agreed that such Employer shall be obligated to
pay any delinquent contributions to the CAF with interest charged at the rate of twelve
percent (12%) per annum.
It is expressly understood and agreed that no Employee, Employer or Union shall have
any vested or proprietary interest in or right to any sum constituting a part of CAF.
27
ARTICLE XXXI
SCHEDULE OF FRINGE BENEFIT
CONTRIBUTIONS
Section 1. In addition to the hourly wage rates listed hereinafter, Fringe Benefit
Contributions to the Health & Welfare Fund, Pension Fund, Training Trust Fund, Annuity,
HRA, Industry Fund (CAF) and BCRC for the designated periods shall be as follows:
EFFECTIVE
6-1-2018 to 5-31-2019
6-1-2019 to 5-31-2020
6-1-2020 to 5-31-2021
6-1-2021 to 5-31-2022
6-1-2022 to 5-31-2023
H-W PENSION TRAINING ANNUITY HRA
$6.25 $11.55 $0.55 $2.50 $0.35
$6.50 $12.05 $0.55 $3.00 $0.40
$1.80 to be allocated at a later date
$1.50 to be allocated at a later date
$1.60 to be allocated at a later date
ARTICLE XXXII
HOURLY WAGE RATES
CAF BCRC
$0.12 $0.10
$0.12 $0.10
Section 1. For the purpose of clarification and to assist in determining the hourly wage
rates applicable to specific Classifications of Work, the following hourly wage rates apply
in the given Area. It is understood and agreed that pyramiding of Category Rates and/or
Foreman Rates is not the intention of this Agreement and shall not be permitted.
CATEGORY I. Is the Basic Hourly Wage Rate and shall be paid on the following
classifications:
A. Building Work (all work inside the building line)
EFFECTIVE
WAGES
TOTAL PACKAGE
6-1-2018 to 5-31-2019
$35.83
$57.25
6-1-2019 to 5-31-2020
$36.03
$58.75
6-1-2020 to 5-31-2021
TBD
$60.55
6-1-2021 to 5-31-2022
TBD
$62.05
6-1-2022 to 5-31-2023
TBD
$63.65
Building and Construction Laborers
Scaffold Builders (other than for Masons or Plasterers)
Ironworker Tenders
Mechanic Tenders
Civil Engineer Tenders and Surveyor Tenders
28
Rodmen & Chainmen
Roofer's Tenders
Railroad Workers
Masonry Wall Washers (interior & exterior)
Cement Finisher Tenders
Carpenter Tenders
Tenders of all other Crafts not listed
All Portable Water Pumps
Waterproofing
Handling of creosote lumber or like treated material (excluding railroad material)
Asphalt Rakers & Lutemen
Kettlemen
Earth Compactors
Jackmen & Sheetmen working ditches deeper than six (6) feet in depth
Laborers working ditches six (6) feet in depth or deeper
Assembly of Unicrete Pump
Tile Layer (sewer or field) & Sewer Pipe Layers (metallic or non-metallic)
Motor driven wheelbarrows and concrete buggies
Hyster Operators
Pump Crete Assemblers
Skidster Loader with Attachments Operator
Core Drill Operators
Cement, Lime or Silica Clay Handlers (bulk or bag)
Handling of Toxic Materials Damaging to Clothing
Pneumatic Spikers
Deck Engine and Winch Operators
Water Main & Cable Ducking (metallic & non-metallic)
Screed Man or Screw Operator on Asphalt Paver
Chain Saw and Demolition Saw Operators
Concrete Saw
Concrete Conveyor Assemblers
Applying of curing compound
Sinking of wellpoints
Dewatering header systems
Fire Stop Installers
29
B. Highway Work
EFFECTIVE,
WAGES
Lake, Newton Porter
& LaPorte Counties
6-1-2018 to 5-31-2019
$30.24
6-1-2019 to 5-31-2020
$30.44
6-1-2020 to 5-31-2021
TBD
6-1-2021 to 5-31-2022
TBD
6-1-2022 to 5-31-2023
TBD
EFFECTIVE.,
WAGES
Starke & Jasper
Counties
6-1-2018 to 5-31-2019
$27.47
6-1-2019 to 5-31-2020
$27.67
6-1-2020 to 5-31-2021
TBD
6-1-2021 to 5-31-2022
TBD
6-1-2022 to 5-31-2023
TBD
TOTAL PACKAGE
$51.66
$53.16
$54.96
$56.46
$58.06
TOTAL PACKAGE
$48.89
$50.39
$52.19
$53.69
$55.29
C. Site and utility work (all work outside the building line, including in the right-
of-way):
EFFECTIVE
WAGES
TOTAL PACKAGE
Lake, Newton and
Jasper Counties
6-1-2018 to 5-31-2019
$31.07
$52.49
6-1-2019 to 5-31-2020
$31.27
$53.99
6-1-2020 to 5-31-2021
TBD
$55.79
6-1-2021 to 5-31-2022
TBD
$57.29
6-1-2022 to 5-31-2023
TBD
$58.89
EFFECTIVE
WAGES
TOTAL PACKAGE
Porter, Starke, and
LaPorte Counties
6-1-2018 to 5-31-2019
$30.72
$52.14
6-1-2019 to 5-31-2020
$30.92
$53.64
6-1-2020 to 5-31-2021
TBD
$55.44
6-1-2021 to 5-31-2022
TBD
$56.94
6-1-2022 to 5-31-2023
TBD
$ 5 8.54
30
CATEGORY II. The following classifications shall be paid an hourly wage of:
EFFECTIVE
WAGES
TOTAL PACKAGE
6-1-2018 to 5-31-2019
$36.58
$58.00
6-1-2019 to 5-31-2020
$36.78
$59.50
6-1-2020 to 5-31-2021
TBD
$61.30
6-1-2021 to 5-31-2022
TBD
$62.80
6-1-2022 to 5-31-2023
TBD
$ 64.40
Plaster Tenders
Mason Tenders
Mason Scaffold Builders
Mason Forklift Operator
Mortar Mixers
Welders (acetylene or electric)
Cutting Torch or Burner
Plaster Machine Operators
Gunite Machine Operators
Cement Nozzle Laborers
Cement Gun Operators
Water Blast Machine Operators
Air Tool Operators and all Pneumatic Tool Operators, Air and Electric Vibrators
and Chipping Hammer Operators
All Boiler Setters Laborers, including expediters, bottom men, Refractory
Laborers, bell men, and Mason Tenders
Hydromobile Scaffold Operator
CATEGORY III. The following classifications shall be paid an hourly wage of:
Mason
Mason
Tender
Laborer
Tender
General
General
Effective
Foreman
Foreman
Foreman
Foreman
6-1-2018 to 5-31-2019
$36.63
$37.38
$37.33
$38.08
6-1-2019 to 5-31-2020
$36.83
$37.58
$37.53
$38.28
6-1-2020 to 5-31-2021
TBD
TBD
TBD
TBD
6-1-2021 to 5-31-2022
TBD
TBD
TBD
TBD
6-1-2022 to 5-31-2023
TBD
TBD
TBD
TBD
31
CATEGORY IV. The following classifications shall be paid an hourly wage of:
EFFECTIVE
WAGES
TOTAL PACKAGE
6-1-2018 to 5-31-2019
$36.83
$58.25
6-1-2019 to 5-31-2020
$37.03
$59.75
6-1-2020 to 5-31-2021
TBD
$61.55
6-1-2021 to 5-31-2022
TBD
$63.05
6-1-2022 to 5-31-2023
TBD
$64.65
Dynamite Men
Drillers — air track or wagon drilling for explosives
Laborer Specialist
Asbestos removal
Hazardous waste removal
Lead based paint removal
Mold Remediation
CATEGORY V. shall include Watchmen and Gatemen (day or night) whose wage
rates and fringe benefit hours will be negotiated on an individual basis
by and between the Employer and the Local Union involved at the
pre job conference.
CATEGORY VI. Shall cover Caisson and Tunnel Work in compressed & free air and
the following classifications shall be paid an hourly wage of.
EFFECTIVE
WAGES
TOTAL PACKAGE
6-1-2018 to 5-31-2019
$37.33
$58.75
6-1-2019 to 5-31-2020
$37.53
$60.25
6-1-2020 to 5-31-2021
TBD
$62.05
6-1-2021 to 5-31-2022
TBD
$63.55
6-1-2022 to 5-31-2023
TBD
$65.15
Cage Tenders
Dump Men
Flagman, Signalman, Top Laborers
Rod Men
Concrete Repairmen
Lock Tenders (Pressure Side)
Motor Men
Muckers
Grout Machine
Track Layers
32
Air Hoist
Key Board
Agitator Car
Car Pushers
Concrete Laborers
Grout Laborers
Lock Tenders (Free Air Side)
Steel Setters
Tuggers
Switchmen
Mucking Machine
Laser Beam
Liner Plate & Ring Setter
Shield Drivers
Power Knife
Welders — Burners
Pipe Jacking Machine
Skinners
Maintenance Technician
Miner
Bricklayer Tenders
Concrete Blowers
Drillers
Erectors
Form Men
Jackhammermen
Mining Machine
Dynamite Men
Drillers -air track or wagon drilling for explosives
1. The premium over and above wages and classifications for all Employees
working in compressed air shall be as follows:
6-1-18 6-1-19 6-1-20 6-1-21 6-1-22
0-15 Pounds
$1.00 per hour
$36.83
$37.03
TBD
TBD
TBD
16-20 Pounds
$1.50 per hour
$37.33
$37.53
TBD
TBD
TBD
21-26 Pounds
$2.00 per hour
$37.83
$38.03
TBD
TBD
TBD
27-33 Pounds
$3.00 per hour
$38.83
$39.03
TBD
TBD
TBD
34 Pounds& Over
$4.00 per hour
$39.83
$40.03
TBD
TBD
TBD
33
2. The scale of wages for Labor Foreman and Sub -Foreman shall be as follows:
6-1-18
6-1-19
6-1-20
6-1-21
6-1-22
General Foreman $1.00 per hr.
$38.33
$38.53
TBD
TBD
TBD
Foreman $0.50 per hr.
$37.83
$38.03
TBD
TBD
TBD
*CATEGORY VII. shall cover High Time Pay for Stacks & Chimneys.
*To be the same as set forth in the Laborers' International Union of North
America Agreement covering Stacks, Chimneys and Silos.
CATEGORY VIII — RAILROAD MAINTENANCE: shall cover the following:
Section 1. All rail maintenance, rehabilitation, and other work on mainlines, sidings and
service lines that are let by railroad companies, transit commissions, transit authorities,
public or private owners of such facilities, which includes but is not limited to the
following and work performed will be paid for under the wage rates contained herein.
(a) The replacement of components and adjustment in alignment of grades of
existing rail facilities.
(b) Repair or replacement of components of fences, cattle guards, snow sheds,
motor car set off, and other facilities located on railroad, public or private
properties, and right-of-ways of same.
(c) The care of railroad and transit commissions and transit authorities owned
properties, public or private, including patrolling, inspection, mowing, brush
cutting and spraying, drainage work and all general caretaking work.
(d) The repair or replacement of roadway or railway crossings.
(e) Painting and replacement of components of railway bridges and signal lines
and signs.
(f) All emergency work, such as snow removal, flood damage, damages
occurring on derailments, including all clean-up and repair in connection
therewith which may be performed by the Employer.
(g) All maintenance, rehabilitation, track removal and other work that may be
performed for the railroad companies and transit commissions and/or transit
authorities on their properties, or on public and private properties, including
34
relocation of existing tracks where such relocation of tracks are not in
connection with buildings, highway, heavy or engineering projects.
(h) It shall also include all new Construction in conjunction with a building,
highway, heavy or engineering project on all railroad transit commissions,
transit authorities, public or private owners of such facilities.
(i) It shall include railroad construction where rails are laid to a new facility to
service same, whether new or used materials are used.
CATEGORY IX — Apprentices
Section 1. New applicants for membership who cannot provide reasonable proof of 4,000
or more hours of employment as a Construction Craft Laborer (or alternatively, cannot
demonstrate equivalent skills in a placement examination administered by the Joint
Apprenticeship and Training Committee (JATC) shall, whenever possible, enter the
Apprenticeship program. Any person entering but failing to maintain and complete his
or her Apprenticeship shall not be employed by the Employer as a Journeyworker under
this Agreement. The failure of any Apprentice to maintain his or her Apprenticeship
status shall obligate the Employer to discharge such person upon notice from the Union.
Section 2. The Apprenticeship and Training Standards approved by the Federal Bureau
of Apprenticeship and Training or State Apprenticeship Committee are hereby
incorporated by reference as a part of this Agreement.
Section 3. The Apprentice wage rates are:
Hours of Credit Wage Rate
1 St period 0 — 1000 hours 75% of journeyworker rate
2nd period 1001 — 2000 hours 85% of journeyworker rate
3rd period 2001 — 3000 hours 90% of journeyworker rate
4th period 3001 — 4000 hours 95% of journeyworker rate
Section 4. Entry into the Apprenticeship program shall be controlled by the JATC,
which shall employ appropriate testing and screening procedures. An Apprentice
advances from one hours -of -credit and wage -rate category to another only upon
determination of satisfactory performance by the JATC, which shall have the authority to
grant accelerated credit where warranted by the performance of an individual apprentice.
35
Section 5. The Employer shall participate in the Apprenticeship program by accepting
Apprentices for employment upon referral by the Union. The Employer is not obligated
to accept more than one (1) Apprentice for every five (5) Journeyworkers commencing
with the sixth Laborer employed.
Section 6. The Employer may not employ an Apprentice until at least one
Joumeyworker is employed and thereafter may not employ more than one (1) Apprentice
for every additional three (3) Journeyworkers.
Section 7. An Apprentice should, whenever possible, be rotated by the Employer
through different types of work so as to become trained in a variety of operations and
work skills. Where the Employer is unable to provide an Apprentice with the experience
in the full range of craft skills, the JATC may request the Local Union to reassign the
Apprentice to other employment in order to provide that experience. For so long as the
Employer is able to provide the necessary range of employment experience, the Employer
may choose to retain the apprentice from job to job, but shall notify the Local Union and
JATC of all reassignments.
Section 8. An Apprentice shall not be penalized for taking off from work to attend
offsite training (though time off for training is unpaid).
CATEGORY X — Commercial and Common Wage Projects
Section 1 — Commercial Projects. For the purpose of making the contractor's signatory to
this Agreement more competitive and to create added jobs for the unemployed members
of Laborers' International Union of North America, State of Indiana District Council for
and on behalf of its affiliated Local Unions 41/81, it is agreed that the wage rates for work
being performed on projects defined in the following table titled "Commercial Eligible
Projects" and hereinafter referred to as "Commercial Projects" shall be eighty (85%) per
cent of the hourly wage rates listed in Category I thru IX in this Article XXXII. Fringe
benefit contributions on Commercial Projects will be one hundred percent (100%) as
designated in Article XXXI Schedule of Fringe Benefit Contributions.
1. The Commercial Projects wage in this section shall apply as long as one other craft
is working at a reduced rate for a similar market recovery or commercial agreement
on the project.
2. Annual increases to the hourly wage rates listed in Category I thru IX and the
Schedule of Fringe Benefit Contributions will apply to the calculated wage and
benefits in this section.
3. This Section 1 does not apply to projects in Lake and Porter counties.
4. This Section 1 does not apply to projects that are performed under a Project Labor
Agreement (PLA).
36
Commercial Eligible Projects
Maximum Size (Square Feet or stories
New
Business Tye
construction
Addition
Renovation
Notes:
Churches
20,000
20,000
40,000
Funeral Homes
20,000
20,000
40,000
Commercial Businesses
20,000
20,000
40,000
Food and Dining
20,000
20,000
40,000
Establishments
Warehouses
40 000
40,000
80,000
Nursing Homes
2 Stories
50 000
50 000
Retail Establishments
202000
20 000
40,000
Shopping Centers
30,000
30,000
60,000
Wood Framed
No size restrictions
Motels/Hotels
Li lit Manufacturing
20 000, 2020002
202000
Recreational and
20,000 20,000
20,000
Fitness Centers
Banks and Financial
10,000 1000
10,000
Services
Automotive Repair and
10,000 1000
20,000
Service Sho s
Single Family Houses,
Multi -Family Units,
3 Stories 50,000
100,000
Condos, and any facility
used for living quarters.
Healthcare Facilities,
10,000 10,000
20,000
except hospitals
Section 2 — Common Wage Projects. Public bid projects with a common wage
determination less than the hourly wage stated in Category I thru IX in Article XXXII will
be paid at the stated common wage, but not less than eighty (80%) per cent of the hourly
wage rates listed in Category I thru IX in this Article XXXII. Public bid projects that fall
below the threshold and have no common wage determination shall be paid at eighty
(80%) per cent of the hourly wage rates listed in Category I thru IX in this Article XXXII.
Annual increases to the hourly wage rates listed in Category I thru IX and the Schedule of
Fringe Benefit Contributions will apply to the calculated wage and benefits in this section.
37
ARTICLE XXXIII
GENERAL SAVINGS CLAUSE
Section 1. Any provision contained herein that is contrary to or held in violation of the
Labor -Management Relations Act of 1947, as amended, or of any other law now in force
or hereafter enacted, or, hereafter becoming effective, shall be void and of no force or
effect, and this Agreement shall be construed as if said void provision herein were not a
part thereof, it being intended, however, that the other provisions of this Agreement shall
not be affected thereby. It is further agreed that, should compliance with any law or
amendment therefore, or any order or regulation issued thereunder, now 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
regulations. Such amendment to this Agreement shall remain in effect only so long as said
law, amendment, order or regulation continues in force or until the expiration of this
Agreement, whichever event shall first occur.
ARTICLE XXXIV
BONDING
Section 1. Every Employer who employs members of the Union and agrees to be covered
or maintain the provisions of this Agreement shall be required by the Union to submit a
surety bond payable in the combined name of Indiana Laborers Welfare Fund and Lake
County & Vicinity Construction Workers Pension Trust Fund to insure the payment of
fringe benefit obligations accruing under this Agreement. The Employer shall furnish a
surety bond as prescribed below upon initial execution of this Agreement and within
fourteen (14) days after January 1st of each year thereafter. Surety Bond shall be remitted
to Lake County & Vicinity Construction Workers Pension Trust Fund, 2111 West Lincoln
Highway, Merrillville, IN 46410. The amount of the surety bond shall be based on the
previous year's monthly man hour average report to be provided by the contractor with its
yearly bond as follows:
1-9 men $15,000.00
10-19 men $30,000.00
20-39 men $50,000.00
40 or more men $100,000.00
Section 2. A surety provider must have an A.M. Best rating of A- and asset class VIII
or better. All surety companies will be reviewed to insure that they meet the rating
requirement.
38
Section 3. The Employer shall obtain the surety bond in the required amount, from a pre -
approved list of acceptable surety bond companies provided by the Fringe Benefit Funds,
and the benefit funds specified in this Agreement shall be the sole beneficiaries of the
bond. The bond will be given to the Fringe Benefit Funds where it will be kept.
Section 4. Should an Employer fail or refuse to provide the required surety bond, or should
an Employer fail to keep a bond in effect at all times, the Union shall have the right to
strike and/or picket, after notice, and use all other legal and/or economic means to cause
the Employer to comply with this Article.
ARTICLE XXXV
HEALTH CARE
Section 1. Should either the State or Federal Government pass legislation mandating all
Employers to participate in a national or statewide health care plan, it is agreed by the
Parties to this Agreement to automatically open this Agreement within thirty (30) days of
such passage to discuss same.
ARTICLE XXXVI
BCRC/DRUG TESTING
Section 1. The Union recognizes the right of the Employer to establish a drug testing
policy for Employees.
Section 2. In all situations where an Employer is required to agree to a testing program in
order to qualify to be the successful contractor on a project, testing may be required, in
accordance with the standards of this program, or, if the owner's requirements for
successful contractors are more stringent, in accordance with the owner's requirements.
No adverse employment action shall be taken against a worker solely because he/she
refused a job assignment that has a substance testing requirement.
Section 3. BCRC
(A) The Association, the Union, various other Employer Associations, and various
other unions are members of the 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
39
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 Article XXXI of this Agreement per 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. The Employer may submit funds electronically.
(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 Employer 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. It is further understood
that, in the event an Employer is determined to be delinquent and/or to have
failed to make contributions as required in this Article, any legal expenses of the
BCRC, including attorney fees, court costs and audit expenses, incurred in the
audit and collection of such delinquent and/or non -contributed funds shall be
borne by the Employer. It is further understood and agreed that such Employer
shall be obligated to pay any delinquent contributions to the BCRC with interest
charged at the rate of twelve percent (12%) per annum.
(E) The Employees covered by this Agreement will abide by the provisions of the
BCRC substance abuse program and policies.
(F) If, during the effective dates of this Agreement, there is an increase in the
required contributions to the Building and Construction Resource Center, Inc.
or the Construction Advancement Foundation, Inc., as determined by their
respective Board of Directors, the new contribution rate will be immediately
recognized and paid by the Employer as part of their usual obligations. If an
increase is necessary, notification must be received by the Indiana Laborers
District Council on or before March 1 St and will be effective June 1 St
40
ARTICLE XXXVII
NOTIFICATION OF TERMINATION FORM
(CODE OF PERFORMANCE)
The Employer agrees to designate discharges "for cause," when appropriate, as
described in the attached Notification of Termination Form for purposes of the Union's
Code of Performance only. The Notification of Termination Form shall not be admissible
in any grievance, arbitration, or proceeding, unless the Employer expressly agrees in
writing to such admissibility.
This Article is intended only to assist the Union in implementing and administering
its Code of Performance. This Article does not create any new or additional rights
whatsoever for workers under the parties' collective bargaining agreement, including, but
not limited to, creating any new or additional right to reinstatement with or without back
pay, from the Employer.
This Article does not create a responsibility or requirement for the Employer to
implement the Union's Code of Performance. The Union is implementing the Code of
Performance as an internal union program for its membership. The Employer is merely
cooperating with the Union's implementation. The Employer's only obligation under the
Union's Code of Performance is to complete and submit the Notice of Termination Form
when appropriate, and the Employer has no obligation to participate in, agree to, or
implement any aspect of the Union's Code of Performance.
Except for the obligation to complete and submit the Notice of Termination Form
when appropriate, this Article does not create any new or additional Employer rights, nor
does this Article take away any Employer rights that are part of this Agreement or that
exist for the Employer outside of this Agreement.
Local Unions #41 and #81 agree to defend, indemnify and hold harmless the
Employer from any and all claims, actions, damages, settlements, costs, expenses
(including, but not limited to attorneys' fees) and/or proceedings arising out of said Code
of Performance and/or the completion and/or submission of a Notice of Termination Form
by the Employer.
ARTICLE XXXVIII
EFFECTIVE DATE
THIS AGREEMENT shall be in full force and effect from June 1, 2018 and was ratified
by a majority of members of the NWI Contractors Association Inc. June 1, 2018 and
41
signed by the Laborers' International Union of North America, State of Indiana District
Council, for and on behalf of its affiliated Local Unions 441 and #81 and shall continue in
effect for the periods mentioned herein, expiring as of May 31, 2023.
In case either Party to this Agreement wishes to change the Agreement, at least sixty (60)
days notice shall be given to the other Party prior to the expiration date. In case no such
notice is given by either Party, the Agreement shall continue in effect from year to year
until such notice is given at least sixty (60) days prior to the anniversary date.
PARTY OF THE FIRST PART
THE NWI CONTRACTORS
ASSOCIATION INCORPORATED
Theodore Vrehas, President
Northwest Indiana Contractors
Association Incorporated
PARTY OF THE SECOND PART
LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA,
STATE OF INDIANA DISTRICT
COUNCIL, FOR AND ON BEHALF OF
ITS AFFILIATED LOCAL UNIONS
#41 AND #81
David Frye, Secretary-T easurer &
Business Manager
LIUNA State of Indiana District Council
Kevin oach, Bus .ness Manager
Local Union #41
r
Michael Campbell, Business Manager
Local Union #81
42
ADDENDUM
NOTIFICATION OF TERMINATION FORM
(Please type or print clearly)
Instructions: Immediately upon termination of an Employee for any cause other than
lack of work, please mail, fax or scan and email this completed form to the District
Council or Local Union.
COMPANY NAME
STREET ADDRESS
CITY & STATE
PHONE( ) BY
NAME OF EMPLOYEE BEING TERMINATED
DATE OF TERMINATION:
REASON FOR TERMINATION: (Check one or more)
ZIP
Excessive Absenteeism Excessive Tardiness
Insubordination
Theft
Lack of Required Skills (this area cannot be checked for apprentices)
43
DIRECTORY
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA OFFICES
Laborers' International Union of North America
905 - 16th Street Northwest
Washington D C 20006-1765
Terence M. O'Sullivan, General President
Armand E. Sabitoni, General Secretary -Treasurer
Laborers' International Union of North America
Midwest Regional Office
1 North Old State Capitol Plaza, Suite 525
Springfield, IL 62701
John Penn, Vice President & Midwest Regional Manager
Laborers' International Union of North America
State of Indiana
Stephen Folz, International Representative
3528 Koring Road
Evansville, IN 47720
14
DIRECTORY
LABORERS' INTERNATIONAL UNION
OF NORTH AMERICA
Laborers' International Union of North America
State of Indiana District Council
425 S 4th Street
Terre Haute, IN 47807
Phone (812) 235-6083
Fax (812) 232-4420
E-mail inldc@inldc.org
Website www.inldc.org
David A. Frye, Secretary Treasurer & Business Manager
Brian C. Short, Field Representative & Organizer
LOCAL UNION 41
MUNSTER
Geographical Jurisdiction of Hammond, Indiana and Vicinity of Lake County, including
all territories west of Cline Avenue, Lake Michigan Shoreline to Illinois State Line and
south Counties of Newton and Jasper, Indiana.
Wm Kevin Roach, Secretary -Treasurer & Business Manager
Scott Sparks, Field Representative
Rick Henson Jr., Field Representative
Kevin Sparks, Field Representative & Organizer
550 Superior Avenue
Munster IN 46321
Phone (219) 924-7922
Fax (219) 924-7388
E-mail local4l@sbcglobal.net
Website www.laborers4l.com
45
LOCAL UNION 81
VALPARAISO
Geographical Jurisdiction of Gary, Indiana & Vicinity, including all territories east of
Cline Avenue, Lake County, Indiana, all territory north of U.S. Highway No. 20 Porter
County, Indiana, including all Lake Michigan Shore Front east of Cline Avenue in Lake
and Porter Counties and LaPorte and Starke Counties, Indiana.
Michael Campbell, Business Manager
Dan McGlothin, Field Representative
Ron Dillingham, Field Representative
Ramon Mendoza, Field Representative
Corey Campbell, Field Representative
3502 Enterprise Ave
Valparaiso, IN 46383
Phone (219) 464-0695
Phone (800) 858-7631
Fax (219) 465-7682
E-mail liuna@laborers8l.com
Website www.laborers8l.org
LOCAL UNION 120
INDIANAPOLIS
Geographical Jurisdiction of Marion and Shelby Counties, Indiana.
J. Ward Daniels, Business Manager
Chris Brickey, Field Representative
Jesse Suarez, Field Representative
Albert Lanham, Field Representative
Kendrick Coleman, Field Representative
Marty Corpuz, Field Representative
William Fletcher, Jr., Organizer
1520 East Riverside Drive
Indianapolis, IN 46202
Phone (317) 634-8551
Fax (317) 685-1237
E-mail laborers120@laborers120.com
Website www.inldc.org/locall20
46
LOCAL UNION 204
TERRE HAUTE
Geographical Jurisdiction of Clay, Fountain, Greene, Hendricks, Owen, Parke, Putnam,
Sullivan, Vermillion, Vigo and Warren Counties, Indiana.
Jerry "Joe" Bolk, Business Manager and Secretary -Treasurer
Trent Short, Field Representative
Doug Drake, Field Representative
401 Poplar Street
Terre Haute IN 47807
Phone (812) 232-0989
Fax (812) 232-0980
E-mail laborerslocal204@outlook.com
Website www.inldc.org/local204
LOCAL UNION 213
FORT WAYNE
Geographical Jurisdiction of Adams, Allen, DeKalb, Huntington, Noble, Steuben,
Wabash, Wells and Whitley Counties, Indiana.
Chris L Guerrero; Secretary -Treasurer/ Business Manager
Steve East, President/Field Representative
Arvondale Jefferson, Field Representative
5700 S Anthony Blvd.
Fort Wayne, IN 46806-3322
Phone (260) 744-5255
Phone (260) 744-5355
Fax (260) 745-7601
E-Mail local2l3@frontier.com
Website www.inldc.org/local2l3
47
LOCAL UNION 274
LAFAYETTE
Geographical Jurisdiction of Benton, Boone, Carroll, Cass, Clinton, Montgomery, Pulaski,
Tippecanoe and White Counties and covering Kokomo Indiana, Fulton, Howard, Miami
and Tipton Counties, Indiana.
Jim Terry, Secretary -Treasurer & Business Manager
Rick Williams, Field Representative
1734 Main Street
Lafayette, IN 47904
Phone (765) 742-4876
Fax (765) 423-4709
E-mail local274@comcast.net
Website www.inldc.org/local274
Kokomo Branch Phone (765) 457-4453
Fax (765) 457-8245
LOCAL UNION 561
EVANSVILLE
Geographical Jurisdiction covering Daviess, Dubois, Gibson, Knox, Pike, Posey, Spencer,
Vanderburgh and Warrick Counties, Indiana; and Crittenden, Henderson, Union and
Webster Counties in Kentucky.
Jon Scott, Business Manager & President
Steve WIlson, Secretary -Treasurer & Field Representative
Chad Lacer, Recording Secretary & Field Representative
Jim Nelsen, Vice -President and Field Representative
Lee Russell, Field Representative
951 North Park Drive
Evansville IN 47710
Phone (812) 425-3191
Toll Free 1-888-463-8646
Fax (812) 425-2421
Website www.inldc.org/local561
48
LOCAL UNION 645
SOUTH BEND
Geographical Jurisdiction of Elkhart, Kosciusko, LaGrange, Marshall and St. Joseph
Counties, Indiana.
Murray Miller, Business Manager
Randy Neilson, Field Representative
Adam Trotter, Field Representative
23698 Western Ave
South Bend, IN 46619
Phone (574) 287-2967
Fax (574) 287-2968
E-mail millsbi@aol.com
Website www.inldc.org/local645
LOCAL UNION 741
BLOOMINGTON
Geographical Jurisdiction of Bartholomew, Brown, Dearborn, Decatur, Franklin, Jackson,
Jennings, Johnson, Lawrence, Martin, Monroe, Morgan, Ohio, Orange and Ripley
Counties, Indiana.
Albert "Ray" Hobbs, Business Manager
Terry Pittman, Field Representative
Mike Hardy, Field Representative
Lonnie Whitaker, Field Representative
7745 South Fairfax Road
Bloomington, IN 47401
Phone (812) 824-2605
Fax (812) 824-2185
E-mail liunalocal741@ liunalocal741.org
Website www.inldc.org/local741
Columbus Branch Phone (812) 372-2211
Lawrenceburg Branch Phone (812) 537-5128
LOCAL UNION 795
NEW ALBANY
Geographical Jurisdiction of Clark, Crawford, Floyd, Harrison, Jefferson, Perry, Scott,
Switzerland and Washington Counties, Indiana.
Robert S. Norrington, Business Manager
Danny L. Stults, Field Representative
1213 State Street
New Albany IN 47150
Phone (812) 944-6473
Fax (812) 944-6474
E-mail laborers795@sbeglobal.net
Website www.inldc.org/local795
LOCAL UNION 1112
MUNCIE
Geographical Jurisdiction of Blackford, Delaware, Fayette, Grant, Hamilton, Hancock,
Henry, Jay, Madison, Randolph, Rush, Union and Wayne Counties, Indiana.
Kelly Watson, Business Manager
Jack Baker, Field Representative
Joe Hardwick, Field Representative
Fred Redwine, Field Representative
115 West 20th Street
Muncie IN 47302
Phone (765) 282-5815
Fax (765) 286-7150
E-mail laborerslocal l 112@liuna 1112.org
Website www.inldc.org/locall 112
Richmond Branch Phone (765) 966-2005
Fax (765) 966-7080
50
DIRECTORY OF LOCALS BY COUNTIES
COUNTY LOCAL COUNTY LOCAL
Adams
213
Jefferson
795
Allen
213
Jennings
741
Bartholomew
741
Johnson
741
Benton
274
Knox
561
Blackford
1112
Kosciusko
645
Boone
274
LaGrange
645
Brown
741
Lake -West Half
41
Carroll
274
Lake -East Half
81
Cass
274
LaPorte
81
Clark
795
Lawrence
741
Clay
204
Madison
1112
Clinton
274
Marion
120
Crawford
795
Marshall
645
Crittenden, KY
561
Martin
741
Daviess
561
Miami
274
Dearborn
741
Monroe
741
Decatur
741
Montgomery
274
DeKalb
213
Morgan
741
Delaware
1112
Newton
41
Dubois
561
Noble
213
Elkhart
645
Ohio
741
Fayette
1112
Orange
741
Floyd
795
Owen
204
Fountain
204
Parke
204
Franklin
741
Perry
795
Fulton
274
Pike
561
Gibson
561
Porter
81
Grant
1112
Posey
561
Greene
204
Pulaski
274
Hamilton
1112
Putnam
204
Hancock
1112
Randolph
1112
Harrison
795
Ripley
741
Henderson, KY
561
Rush
1112
Hendricks
204
St Joseph
645
Henry
1112
Scott
795
Howard
274
Shelby
120
Huntington
213
Spencer
561
Jackson
741
Starke
81
Jasper
41
Steuben
213
Jay
1112
Sullivan
204
51
DIRECTORY OF LOCALS BY COUNTIES
COUNTY
LOCAL
COUNTY
LOCAL
Switzerland
795
Warren
204
Tippecanoe
274
Warrick
561
Tipton
274
Washington
795
Union
1112
Wayne
1112
Union, KY
561
Webster, KY
561
Vanderburgh
561
Wells
213
Vermillion
204
White
274
Vigo
204
Whitley
213
Wabash
213
52
by and between
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL UNION 1S0 AFL-CIO
and
ICHIANA BUILDERS ASSOCIATION, INC.
Effective
June 1, 2017
Through
May 31, 2020
Article I
Section1 -Policy ...................................................................................................................................................................4
Section2 - Management Rights.....................................................................................................................................4
Article II
Exclusions.................................................................................................................................................................................
4
Article III
Section1 - Bargaining Unit...............................................................................................................................................4
Section2 - Recognition......................................................................................................................................................4
Section3 - Scope of Work.................................................................................................................................................5
Section4 - Territorial Scope............................................................................................................................................5
Section5 - Union Shop.......................................................................................................................................................
5
Article IV
Section1 - Work Day and Work Week........................................................................................................................
5
Section2 - Overtime/Holidays......................................................................................................................................
7
Section 3 - Pay Day for Employees during the
Show -Up Time Period....................................................................................................................................
7
Section 4 - Pay Day for Employees Who are not
Requiredto Work during Call-Off..............................................................................................................7
Section5 - Shift Work......................................................................................................................................................... 7
Section 6 - Changing From One Machine to Another............................................................................................8
Section 7 - Machinery Operation
(A) .... ...... .......... ............... ......... ,........ ...,,.,,..8
(B) ........ ... ... ......... ........... .....W.., .....,,., ..,..... , ....... ......... .....,..,9
(C) Hydraulic Backhoes or Similar Type Machines............................................................................9
Section 8 -Duties of Oiler and/or Apprentice..........................................................................................................9
Section9 -Small Equipment Assignment.................................................................................................................. 9
Section 10 - Electric Submersible Pumps...................................................................................................................9
Section11 - Repair Work Shop and job Site..............................................................................................................9
Section12 - Preparing Equipment.................................................................................................................................9
Section13 - Shelter............................................................................................................................................................10
Section14 - Transportation...........................................................................................................................................10
Section15 - Confinement of Work..............................................................................................................................10
Section16 - Severance Pay.............................................................................................................................................10
Section17 - Wage Payment - Pay Day.......................................................................................................................10
Section18 - Job Conference...........................................................................................................................................10
Section19 - Leaving Job...................................................................................................................................................10
Section 20 - New and Unlisted Equipment..............................................„.,.................,...........,.......,.,..,.................10
Section21 - Mechanics.....................................................................................................................................................
11
Section22 - Idle Time.......................................................................................................................................................11
Article V
Section1 - Jurisdictional Disputes.............................................................................................................................11
Section 2 - Sub Contractor ....................... .... ...... ............. ...... -....... ......11
Section3 - Insurance Coverage...................................................................................................................................11
Section 4 - Insurance Safety Sanitation...................................................................................................................12
Section5 - Occupational Injury...................................................................................................................................
12
Section6 - Access to Premises.....................................................................................................................................12
Section7 - Hiring...............................................................................................................................................................12
Section 8 - Penalty - Pension, Vacation Savings, Health & Welfare, Apprenticeship Training,
Construction Industry Research and Service Trust Funds and Employee Check Off
(A) Penalty.......................................................................................................................................................12
(B) Penalty - Grievance Award Settlement...... ..... ___ ........... .................„,........,..,.,...,,..,.,.,......,12
(C) ... ... .............. I ............. .....I..,,,.........., I".... ... ....... ...... _.-... „ ...............13
(D) Legitimate Picket line..........................................................................................................................13
Section9 - Bonding of Employer...............................................................................................................................
13
Section10 - Job Steward..................................................................................................................................................
13
Section11 - Discharge......................................................................................................................................................
13
Section 12 - Regular Assigned Engineers ....... ..............................a..,........ ...... ........ ...... .....................13
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Section13 - Long Boom Pay..........................................................................................................................................13
Section14 - Capacity Pay ............ ........ ..... ........ ..., ..... ......... ...., ..,. ......... ....... ................13
Section15 - Augers and Drill Rigs...............................................................................................................................13
Section 16 - Tunnel, Shaft and Enclosed Underground......................................................................................13
Section 17 - Concrete Conveyor Systems.................................................................................................................13
Section18 - Creter Cranes..............................................................................................................................................14
Section 19 - Truck Mounted Concrete Pumps........................................................................................................14
Section20 - Helicopters...................................................................................................................................................
14
Section21 - Bobcats..........................................................................................................................................................
14
Section 22 - .......,. ..... .........14
Section 23 - Self -Erecting Tower Cranes..„............................................................................................................,.14
Section 24 - Craft Foreman and/or Master Mechanic.......................................................................................
14
Article VI
Section 1 - Wage Rates and Fringe Benefits...........................................................................................................15
Section 2 - Wages and Fringe Benefits for Apprentices in all Counties ... .......... ......... ........„,..,.,,..,,.,,,.,,....
18
Article VII
Section1- (A) Welfare Fund.......................................................................................................................................19
(B) Retiree Medical Savings Plan........................................................................................................
20
Section2 - (A) Pension Fund,,, ..,,,.,,, >, ..... ......... .....,,, ,.,., .... ,... ,,...,,,.
20
Section3 - Vacation Fund..............................................................................................................................................
21
Section 4 - Apprenticeship and Skill Improvement Fund..,..,.. ,,„..,, ......., „,. ,„,,., ...,,,
21
Section5 - Industry Advancement Fund.................................................................................................................
22
Section 6 - Employee Check -Off
(A) Dues Check Off......................................................................................................................................
23
(B) Local 150 - Federal PAC Check-Off.............................................................................................
23
Section 7 - Construction Industry Research & Service Trust Fund ... ....................„........,...,,.......,..,...,....... .
24
Article VIII
Section 1 - Grievance and Arbitration......................................................................................................................
24
Section2 - Jurisdictional Award.................................................................................................................................
25
Article IX
Section1- Affirmative Action......................................................................................................................................
26
Section2 - No Discrimination......................................................................................................................................
26
Article X
Section1- Savings Clause..............................................................................................................................................
26
Section2 - Uniformity......................................................................................................................................................
26
Article XI
CreditUnion Deductions................................................................................................................................................. 26
Article XII
Entire Agreement of the Parties................................................................................................................................... 27
Article XIII
Agency..................................................................................................................................................................................... 27
Article XIII
Effective Termination Dates and Notification........................................................................................................ 27
CompetitionCommittee................................................................................................................................................... 28
Building and Construction Resource Center Inc Drug/Alcohol Program .................................................. 29
MICHIANA BUILDERS ASSOCIATION INC
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COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT is entered into in South Bend, Indiana effective the 1st day of June, 2017, between the
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL #150, AFL-CIO and the MICHIANA BUILDERS
ASSOCIATION, INC.
ARTICLE I
Section 1- POLICY - This Agreement respecting wage rate increases and related matters has been made in anticipation
of, as well as in recognition of all factors having to do with wage scales and for the additional purposes of stabilizing
costs in the construction field, promoting the existing harmonious relationship between the parties and avoiding the
possibility of interruptions of normal work and employment during the terms of this Agreement. With these purposes
in mind, the parties have reached this Agreement and mutually agree to carry out the purposes thereof.
Section 2 - MANAGEMENT RIGHTS
The Association and Union agree that the Employer shall, at all times during the term of this Agreement, retain
sole and exclusive right to manage the affairs of its business and to direct its employees in the performance of their
duties, consistent with the terms of this Agreement. Such management rights shall include but are not limited to; the
right to plan, direct, and control construction operations; the right to determine the amount of work needed, to change
or modify schedules and working hours, to assign work, to assign foremen, to establish and adjust shifts, and to require
overtime when necessary to meet the customer's requirements; the right to hire employees, transfer employees,
suspend employees, lay off employees, discipline and/or discharge employees for just cause. This list of specific
management rights shall not restrict or be construed as a waiver of any of the management rights not listed, except for
those management rights that are specifically restricted by provisions of this Agreement or by the National Labor
Relations Act.
ARTICLE II
EXCLUSIONS - It shall be understood that the following stipulations do not apply to Road Work or Bridges, as
this is covered by a separate agreement.
ARTICLE III
Section 1- BARGAINING UNIT
The Bargaining Unit shall consist of all employees engaged in work covered by the occupational jurisdiction of
the Union with reference to any and all of the classifications described in Article III, Section 3, "SCOPE OF WORK", the
wages, hours of work and all other terms and conditions of employment set forth in this Agreement, and the operation,
maintenance, repair, moving, dismantling and assembly of all machines used on work coming within the occupational
jurisdiction of the Union regardless of motive power.
Section 2 - RECOGNITION
The Association recognizes the Union as the sole and exclusive bargaining agent for all employees employed in
work covered by the occupational jurisdiction of the Union by Employers who are now members of the Association, or
such Employers as may hereafter become members of the Association or Employers signatory to this Agreement. The
Union recognizes the Association as the sole and exclusive bargaining agent for its members and for such other firms,
persons or corporations as may hereafter become members of the Association. All other contractor Employers engaged
in work covered by classifications in this Agreement and the occupational jurisdiction of the Union shall be subject to
the terms of this Agreement.
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Section 3 - SCOPE OF WORK
This Agreement shall apply to the work classifications and operations incidental thereto as are herein generally
and specifically described;
Construction, erection, modification, addition to or improvement of a building structure or structures, the
construction, erection, modification, addition to or improvement of an industrial plant commercial or institutional
construction and the driving of sheeting, piling, caisson work, demolition of all types, slurry operations, foundation
work or dewatering for a building structure, excavating of all types including subdivision work performed in St Joseph
county, ramps, grading, resurfacing, curbs, gutters, sidewalks, parking areas, underground and utility work of all types
including subdivision work performed in St Joseph county, sewers, subways, tunnels, water mains, piping, pipe jacking,
all other underground and utility work, railroad spurs, and all land based operations involving lakes, harbors, and river
improvements when in conjunction with building. When the occasion arises when an Operating Engineer working
within the scope of this Agreement and is required to change to a scope of work of another agreement on the same day
the conditions and wages most beneficial for the Operating Engineer shall prevail. It is understood there will be no
duplication of hours or conditions in any case.
In no event shall work coming within the jurisdiction of the Operating Engineers be assigned to any other craft
employee.
Section 4 - TERRITORIAL SCOPE
This Agreement shall cover work in the following counties in Indiana:
ST. JOSEPH, ELKHART, MARSHALL, NOBLE, KOSCIUSKO, FULTON and LAGRANGE.
Section 5 - UNION SHOP
All employees covered by this Agreement shall be obligated to become members of the Union after the 7th but
not later than the 10th day of employment, the date of the execution of this Agreement or the effective date of this
clause, whichever occurs later, as a condition of continued employment. All employees who are members of the Union
shall maintain their membership in the Union and/or non-members maintain their permit fees as a condition of
continued employment. Any employee who fails to become a member of the Union or fails to maintain his membership
therein in accordance with the foregoing shall forfeit his right of employment, and the Employer shall immediately
discharge such employee, provided, however, that the foregoing shall be strictly interpreted, construed, and applied in
accordance with the applicable provisions of the National Labor Relations Act, as amended. This Section shall be null,
void, and of no effect to the extent that compliance would be inconsistent with applicable law, in which case neither the
Union nor the Employer shall enforce, or attempt to enforce, any of the provisions set forth in Section 5 as to any
individual.
ARTICLE IV
Section 1- Work Day and Work Week
(a) The regular starting time for a single shift operation Sunday through Saturday inclusive shall be
scheduled at one of the following hours: 6:00 a.m., 6:30 a.m., 7:00 a.m., 7:30 a.m., and 8:00 a.m.
The Employer must establish a regular starting time, then if the Employer desires to change the established
starting time, the employee(s) must be notified before the quitting time of the employee's regular workday of any
change in the established starting time for the following day.
(b) EIGHT (8) HOURS shall constitute a normal workday between the hours of 6:00 a.m. and 2:30 p.m.,
6:30 a.m. and 3:00 p.m., 7:00 a.m. and 3:30 p.m., and 7:30 a.m. and 4:00 p.m., 8:00 a.m. and 4:30 p.m., as the case
may be pursuant to the established starting time as set forth in Section 1A of this Article.
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(c) LUNCH PERIOD - there shall be a regularly scheduled lunch period of all one, two, and three shift
operations. The lunch period shall be one half (1/2) hour between the 4th and 5th hour after starting time. On
a three shift operation, the employees on all three shifts will work seven and one half (71/2) hours and be paid
for eight (8) hours with a half (1/2) hour lunch period at the time specified above. On a two shift operation the
employees on both shifts will work seven and one half (71/2) hours and be paid for eight (8) hours with a half
(1/2) hour lunch period at the time specified above. On a two shift operation where the employees are working
more than eight (8) hours, both shifts shall receive a half (1/2) hour lunch period, and it shall be taken at the
midpoint of the shift, for which the employee shall be paid.
If the Employer requires an employee to work during his scheduled lunch period on a multiple shift operation,
the employee shall be paid as provided above and in addition shall receive one half (1/2) hour at the overtime rate for
working during his lunch period.
On a single shift operation if the Employer requires the employee to work during his scheduled lunch period, he
shall be paid an additional one half (1/2) hour at the applicable overtime rate of pay in addition to his normal days pay.
The above lunch period provision shall also apply to Sundays and Holidays.
(d) SHOW -UP TIME - MONDAY, MAY 1 OR THE FIRST MONDAY THEREAFTER UP TO MONDAY,
NOVEMBER 15 OR THE FIRST MONDAY THEREAFTER.
All employees shall be obligated to report for work each day Monday through Friday atthe designated starting
time, asset forth in this Article. However, employees maybe notified on the job before quitting time by an authorized
representative of the Employer if there is no work the following day. Otherwise, employees shall report for work and be
paid pursuant to the terms of items 1 through 6 herein.
(e) CALL OFF MONDAY, NOVEMBER 15 OR THE FIRST MONDAY THEREAFTER UP TO THE MONDAY MAY
1 OR THE FIRST MONDAY THEREAFTER.
All employees shall be obligated to report to work each day Monday through Friday at the designated starting
times as set forth in this Article; however, employees may be notified up until 9pm of the previous day by an authorized
representative of the Employer if there is no work the following day. Otherwise the employee shall report for work and
be paid pursuant to the terms of items 1 through 6 of this Section. Employees personally notified on the job before
quitting time the previous day or by telephone shall be the only valid means of notification of not reporting for work.
(f) REPORTING TIME FOR A NEW HIRE.
When an Operating Engineer is ordered from the referral office of the Union by the Employer or his
representative for a 12:30 p.m. or thereafter start he shall receive a minimum of four (4) hours pay.
Item 1- An employee who reports to work and is informed prior to the starting time of his regular shift, 6:00
a.m., 6:30 a.m., 7:00 a.m., 7:30 a.m., and 8:00 a.m., respectively, thathe will notworkthat day shall receive two (2) hours
pay.
Item 2 - An employee who reports to work and is informed prior to preparation time (1/2 hour prior to his
established starting time) that he will not work that day and is released before two (2) hours have elapsed, beginning
with the starting time of his preparation time and has not started to work, shall receive two (2) hours pay.
Item 3 - An employee who reports to work and commences preparing his machine and is informed prior to his
regular starting time that he may not work that day and is released before two and one-half (2 1/2) hours have elapsed,
beginning at the starting time of his preparation time and is not started to work shall receive one half (1/2) hour at the
overtime rate of pay for preparation time and two (2) hours pay for show -up time.
Item 4 - An employee who is requested to report for work prior to 6:00 a.m. or 6:30 a.m., or 7:00 a.m. on a single
shift operation or 8:00 a.m., 4:00 p.m., or 12:00 midnight on a two or three shift operation and prior to the requested
starting time, is informed that he will not work that day, shall receive pay at the overtime rate for the hours prior to the
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prior to the starting time listed in this paragraph and two (2) hours pay for show -up time.
Item 5 - An employee who is requested to report for work prior to 6:00 a.m. or 6:30 a.m. or 7:00 a.m. on a single
shift operation or 8:00 a.m., 4:00 p.m., or 12:00 midnight on a two or three shift operation and held on the job more than
two (2) hours after the regular starting time or has started to work at any time after the requested starting time, shall
receive pay at the overtime rate for the hours prior to the starting times listed within this paragraph, and four (4) hour
or eight (8) hours pay for the normal work day as the case may be.
Item 6 - An employee held on the job more than two (2) hours or is started to work at any time after the
employee's regular starting time shall receive a minimum of four (4) hours or eight (8) hours pay as the case may be
plus one half (1/2) hour preparation time when applicable. An employee who is requested to report or who is called
out after 8:00 a.m., 4:00 p.m., or 12:00 midnight, respectively, shall be paid back to 8:00 a.m., 4:00 p.m., or 12:00
midnight, respectively, plus one half (1/2) hour preparation time when applicable and such hours shall be counted as
hours worked in computing overtime.
The above provisions shall be applicable to all single and multiple shifts under the terms of this Agreement.
When an employee is requested to report for work on Saturday, Sundays, or Holidays, he shall be paid pursuant to the
provisions set forth in this Article, except he shall be paid at the applicable overtime rate of pay.
Section 2 - Overtime
All time in excess of eight (8) hours per day and/or forty (40) hours per week and before or after the normal
workday and Saturdays shall be paid at the time and one-half (1-1/2) rate of pay. If any craft on the jobsite is receiving
double time (2) rate of pay then the employees covered under this agreement shall also receive double time (2) rate of
pay. All overtime shall be paid to the next half hour. All hours for which the employee receives wages shall be counted
as hours worked in computing overtime.
HOLIDAYS - The following holidays are designated as those for which double (2) time shall be paid together with
Sunday:
NEW YEAR'S DAY MEMORIAL DAY
FOURTH OF JULY LABOR DAY
THANKSGIVING DAY DAY AFTER THANKSGIVING
CHRISTMAS DAY
No work shall be done on Labor Day except to save life or property. A holiday falling on Saturday shall be
celebrated on Friday. A holiday falling on Sunday shall be celebrated on Monday. If a holiday falls on a day other than a
Saturday or Sunday, it shall be celebrated on that day.
Section 3 - Pay Day for Employees during the Show -Up Time Period
Any employee who reports for work on a pay day and is told that there is not work that day shall receive his
normal show -up time as long as his paycheck is available to him at his normal place of work. If an employee is required
to wait more than two (2) hours for his paycheck, he shall receive an additional hour's pay for each hour or part of an
hour the employee is required to wait for a check.
Section 4 - Pay Day for Employees Who Are Not Required To Work During Call Off
When the Employer notifies the employee(s) that there will be no work and such day is the regular pay day, the
employee(s)' check shall be made available to him at his regular work place no later than the end of the second (2nd)
hour from his regular starting time. The employee(s) shall be compensated two (2) hours at the regular rate of pay for
picking up his check, plus for each hour or part of an hour beyond the second (2nd) hour period, he shall receive an
additional one (1) hour's pay.
Section 5 - Shift Work
No shift work shall be established unless they are of three (3) or more days duration on Production Equipment
otherwise overtime shall prevail 4:00 p.m. through 8:00 a.m.
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When shift work is established and work is carried on with three shifts of men working eight (8) hours each, the
starting time shall be 8:00 a.m. for the day shift, 4:00 p.m. for the afternoon shift and 12:00 midnight for the night shift,
then only single time shall be paid during weekdays, except as provided in this Article.
Employees working on the afternoon shift shall receive an additional SEVENTY FIVE CENTS ($0.75) per hour
over the regular rate of pay. Employees working on the night shift shall receive an additional ONE DOLLAR ($1.00) per
hour over the regular rate of pay.
Where two or three shifts are utilized and the Employer wishes the starting time advanced, a representative of
the Union and a representative of the Employer shall meet and agree to the starting time for both shifts.
If, however, shift work is on pumps or mechanical heaters and 7 day pumping or heating is necessary on the job,
then each shift shall be entitled to Time and one-half (1-1/2) for Saturdays and Sundays, excluding Holidays which shall
be paid at the Double Time rate.
When any pumping is required on a job, the overtime shall be paid at the rate of Time and one-half (1-1/2)
including Saturdays and Sundays, excluding Holidays which shall be paid at the Double Time rate.
Employees working on shift work shall be paid for their lunch period. If the Employer requires an employee to
work during his scheduled lunch period on a multiple shift operation, the employee shall be paid the applicable
overtime rate for the lunch period in addition to his normal day's pay.
Where shift work is performed from 12:01 a.m. Saturday to 12:00 midnight Saturday, each shift shall be paid at
the applicable overtime rate of pay.
Where shift work is performed from 12:01 a.m. Sunday to 12:00 midnight Sunday, each shift shall be paid at the
rate of double time.
All provisions in Article IV pertaining to work week, show -up time and work day, preparation time, overtime,
holidays and pay day shall apply to all one, two and three shift operation.
An employee who has started to work and goes into overtime and works into another shift shall receive
overtime until such individual has been released from work (see regular assigned engineer clause).
Section 6 - Changing From One Machine to Another
Any operator capable of performing the work may be shifted by the Employer to any machine and back again to
the original machine, plus one other machine, provided the operator is paid the rate of wages applicable to the highest
classification of work performed by him during such shift. Breakdowns and loading or unloading machines in
connection with moving to or away from the job site shall not be considered a change pursuant to this Article. Any
employee covered by this Agreement shall not be permitted to change to a machine that another employee covered by
this Agreement has been employed to operate unless the latter has been discharged for just cause, and the Union has
been notified of such discharge. A written notification to the union is required in those instances where an Employer
does not want a member to be re -dispatched to their company in the future for just cause. The member will be
unavailable for dispatch to the Employer for a period of two (2) years or sooner at the discretion of the Employer.
However, if through no act or fault of the Employer, the regular assigned employee is not available for work, this clause
shall not be operative. Changing employees from one machine to another shall not be used for the purpose of depriving
another employee from additional hours or days of work. Forklifts and skid steers shall not be counted as a machine
change under this section.
Section 7 - Machinery Operation
(a) All Power Shovels, Draglines, Clamshells and Cranes used on work covered by this Agreement where
such machinery is rated by the manufacturer as having a capacity of over one and one -quarter (1-1/4) cubic
yards or Truck Cranes rated by the manufacturers as having a capacity of over thirty (30) ton, Crawler Cranes
rated by the manufacturer as having a capacity of thirty five (35) tons or over, Hammerhead Cranes and
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Trenching Machines thirty (30) inches or over shall require an Engineer and Oiler or Apprentice regardless of
motive power.
(b) All hydraulic type cranes used on work covered by this Agreement where such crane is rated by the
manufacturer as having a capacity of fifty (50) tons or more shall require an Engineer and Oiler or Apprentice
regardless of motive power.
(c) HYDRAULIC BACKHOES OR SIMILAR TYPE MACHINES. Hydraulic machines that are designed to use
bucket attachments of various sizes, and the manufacturer rates such machine as weighing over one hundred
fifteen thousand (115,000) pounds shall require an oiler. Machines that do not require an oiler pursuant to the
above shall be subject to preparation time pursuant to Section 12 of this Article, with the exception of
Combination Backhoe Front End loader Machines.
Section 8 - Duties of Oiler and/or Apprentice
It shall be the duty of the oiler to keep the machine to which he is assigned thoroughly lubricated and
reasonably clean. Maintain the machine, supply it with water, gas and oil and assist in such work as directly affects the
operation of the machine. The oiler shall be under the technical direction of the engineer, perform such duties as he
prescribes and remain at all times in close proximity to the machine. The same rules and regulations regarding
overtime and working conditions which apply to Engineers shall also apply to Oilers and/or Apprentices.
Section 9 - Small Equipment Assignment
The employer shall have the right to assign certain work to members of the Bargaining Unit in respect to
various small machines such as generators 50 k.w. and under, intermittent pumping, one welding machine, air
compressor 210 cubic feet and under per minute, one light plant and all other small equipment not to exceed a total of
three such machines in any combination. In the event of such assignment, the Operating Engineer shall be compensated
at the rate of FIFTY CENTS ($0.50) per hour for the entire shift over and above the negotiated rate for Operating
Engineers.
Section 10 - Electric Submersible Pumps
On a job site where more than five (5) electric submersible pumps are being used, a member of the Bargaining
Unit shall be assigned during the entire regular day time shift, Monday through Friday and on every other day as the
regular day time crew is conducting j ob operations. No operator shall receive premium pay or be required on the other
two (2) shifts in the twenty-four (24) hour day. But, in the event of a breakdown, in any pumps, the assigned operator
shall be subject to call at any time or any day to assist in the installation, servicing, relocating or removal of said pumps.
In such breakdown case, the Employer shall notify the operator by telephone to reportto the job site if available to such
duty. The operator assigned to the pumps shall be compensated at the rate of FIFTY CENTS ($0.50) per hour for the
entire shift over and above the operator's regular rate of pay.
If the Employer deems it necessary to have a full time employee on said pumps it shall be a member of the
Bargaining Unit and said employee shall be paid the pump rate provided for in the wage classifications. In the event
there are no members in the Bargaining Unit employed by the Employer on the job site, the Employer shall have the
right to operate the electric submersible pump until such time as a member of the Bargaining Unit is employed by the
Employer on the job site, but in no event shall the pump be assigned to any other employee.
Section 11- Repair Work Shop and Jobsite
Employees shall keep their machines in good order and good repair at all times to such extent as lies in their
power to do so.
Section 12 - Preparing Equipment
Engineers on all Power Shovels, Backhoes, Draglines, Clamshells and Cranes used on work covered by this
Agreement where such machinery is rated by the manufacturer as having a capacity of one and one -quarter (1-1/4)
cubic yard or less, or Truck Cranes rated by the manufacturer as having a capacity of less than thirty (30) tons, Crawler
Cranes rated by the manufacturer as having a capacity of less than thirty (30) tons, or all Hydraulic Cranes rated by the
manufacturer as having a capacity of less than fifty (50) tons, and Engineers operating Derricks and/or Hoists of two (2)
drums or more shall start one-half (1/2) hour before the regular starting time to prepare the machine for the days
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operation and shall be paid at the applicable overtime rate,
Section 13 - Shelter
The Employers agree that reasonable protection shall be provided for the Engineer and the machinery he
operates.
Section 14 - Transportation
The Employer must furnish transportation and protection for inclement weather to and from gate and jobsite to
all employees of the Bargaining Unit that work in a mill, plant, refinery, terminal, or other jobsite where employees are
unable to supply their own transportation over 1/3 mile.
Section 15 - Confinement of Work
Employees shall not be required to perform work outside of the scope of this Agreement.
Section 16 - Severance Pay
When the services of an employee are no longer required, he shall receive a full day's pay for the day he is
terminated and receives all of his wages before his quitting time. If the employee is not paid before his quitting time, the
Employer shall pay a penalty of two (2) hours of pay to each employee at the straight time rate of pay for each
succeeding 24 hours of delay. It is understood that said 24 hour periods shall not include Sundays and Holidays.
Employees shall not be called at home and terminated.
Section 17 - Wage Payment - Pay Day
Wages shall be payable in United States currency or checks at the option of the Employer or direct deposit at
request of the Employee, and in no event shall the Employer withhold for more than five (5) days, wages accruing prior
to the pay day. At the time of payment of wages, the Employer shall furnish the following information on the check stub
or accompanying slip to each employee: regular hours worked and overtime hours worked and all deductions including
contributions to the Vacation Fund shall be listed separately. If mutually agreed to by the employee and the Employer,
wages may be paid by direct deposit.
Pay day shall be once each week on a specified day during work hours, except when pay day falls on a Holiday
or the day after a Holiday, employees must be paid prior to the Holiday in question.
If a payroll check is returned to the employee for insufficient funds or direct deposit funds are not available to
the Employee as provided above, the Employer shall pay a penalty of eight (8) hours at the straight time rate of pay for
the first day of the violation and four (4) hours a day thereafter until a valid payroll check is received by the employee.
It is understood that Sundays and holidays are not included.
Section 18 - Job Conference
Either party may before or after a job is in progress, if it deems necessary, request a job conference. The job
conference must be held within five (5) days from date of request. Upon forty-eight (48) hours written notice, the
Union shall have the option to strike any Employer who does not comply with the above.
Section 19 - Leaving Job
No employee shall leave his job without notice to his Employer and he shall stay on the job until replaced by
another employee in the Bargaining Unit.
Section 20 - New and Unlisted Equipment
It is mutually agreed between the Union and the Association to meet and agree on wage rates and manning
requirements for all new and unlisted equipment which is not listed in this Agreement that would come under the
jurisdiction of the International Union of Operating Engineers. Upon written notification of the Association and the
contractor by the Union, the parties shall meet to discuss all such matters within twenty-one (21) days from the date of
notification. If the parties are unable to resolve such matter, the matter may be submitted within thirty (30) days to a
neutral arbitrator. If the Union and the Association and/or Employer cannot agree on an arbitrator, then an arbitrator
shall be selected in accordance with the rules and procedures of the American Arbitration Association and the
arbitration shall be conducted under and in accordance with such rules and procedures. The cost of such arbitration
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shall be borne equally by both parties to the arbitration, and the decision of the arbitrator shall be final and binding on
all parties and individuals bound by this Agreement. The time limits provided in this Section may be extended by
mutual written consent.
Section 21 - Mechanics
Mechanics shall furnish their own tools but shall not be required to furnish special tools such as: Pin Presses,
Spanner Wrenches, Air or Electric Wrenches, Gear and Bearing Pullers, Electric Drills, Reamers, Taps and Dies,
Oxyacetylene Hoses, Gauges, Torches and Tips, Twenty -Four inch (24") Pipe Wrenches, over 3/4 inch drive socket set,
Sockets over two inches (2"). If by mutual agreement, the mechanic is to use his personal pick-up or similar vehicle for
the transportation of his tools, etc., on the job, or from job to job, he shall be compensated at not less than ONE
THOUSAND DOLLARS ($1,000) per month plus all fuel and oil for said vehicle. In no event shall the furnishing of said
vehicle be deemed as a condition of employment. Payment for vehicle rental shall be once each week on pay day except
in case of a layoff it shall be as set forth in Article IV, Section 16.
The Employer agrees to pay for or replace with equal quality any tools, excluding hand tools, broken on the job
by mechanics or anyone required to furnish their own tools. The Employer shall maintain an insurance policy or
assume the cost risk, for loss of the employee's personal tools, on Company premises and while in the Company's or the
employee's utility truck, due to the theft by breaking and entry, including fire and explosions or other circumstances
that may happen on the Company premises and/or utility truck. The Employer's liability for each loss shall not exceed
the actual cost of the tools. It is understood that all employees must furnish the Employer with a complete inventory of
the personal tools and their brand. It is further understood that whenever new tools are purchased, the employee must
include them on the inventory list previously furnished, and whenever tools are removed, the inventory shall be
reduced. If an employee does not supply the Employer with an inventory of tools, responsibility for replacement will
not be that of the Employer. For the purpose of this paragraph, the employer shall have fifteen (15) working days to
pay, in accordance with this contract, any amounts admitted to be due and if Employer fails to do so, in accordance to
the amount the Employer admits due, it shall pay such employee two (2) hours per day, not to exceed fifty percent
(50%) of the amount in dispute. The amount bonafidely disputed under this paragraph shall be settled by the grievance
and arbitration procedure of this Agreement.
Section 22 - Idle Time
In case of a layoff a machine must be left idle two (2) work days before another employee can be assigned to
such machine. If such machine is reactivated before the two (2) day period, the original employee shall be given
opportunity of employment on said machine. However, if such employee is not available, this paragraph shall be
inoperative.
ARTICLE V
Section 1- Jurisdictional Disputes
The parties to this Agreement are subject to and agree to be bound by all decisions, awards and provisions of
the Agreement establishing the Impartial Jurisdictional Disputes Board, or its successor that is acceptable to the
Building and Construction Trade Department of the AFL-CIO, the International Union of Operating Engineers and the
Associated General Contractors. There is to be no work stoppage by either party while an award is pending.
Section 2 - Sub Contractor
The Employer agrees that he will not contract or sub -contract any work covered by the Scope of Work of this
Agreement and/or work coming under the Occupational Jurisdiction of the Union to be done atthe site of construction,
alteration, painting, or repair of building structure, or other work, except to a person, firm or corporation, party to the
applicable current labor agreement with the Union. Nothing set forth in this Section entitles the Union to strike or
engage in any economic action with respect to a dispute involving Article V, Section 2 of the Agreement.
Section 3 - Insurance Coverage
For all employees covered by this Agreement, the Employer shall carry Workman's Compensation Insurance
with a company authorized to do business under the applicable State laws and regulations, and shall in addition pay the
tax necessary to secure for all such employees the benefits of the Indiana Unemployment Compensation Insurance Act
irrespective of the number of employees employed.
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Section 4 - Insurance, Safety, and Sanitation
The Contractor must make adequate provision to comply with all the rules and laws pertaining to Insurance,
Safety, and Sanitation as are established by the statutes of the Federal, State and Municipal Governments where the
work is in progress.
The Employer and Employee will conform to any Federal Law, State Law, local ordinances and/or owner rules.
Section 5 - Occupational Injury
An employee who is injured on the job and is sent home, or to a hospital, or who must obtain medical attention,
shall receive pay at the applicable hourly rate for the balance of his regular shift on that day. An employee who has
returned to his regular duties after sustaining a compensable injury who is required by the Company Worker's
Compensation doctor to receive additional medical treatment during his regularly scheduled working hours, shall
receive his regular hourly rate of pay for such time.
Section 6 - Access to Premises
The duly authorized representative of the Union shall be allowed access to any job site or premises. For this
purpose it shall be the duty of the Employer to provide adequate passes, as requested by the Union, provided the
Employer is able to do so. If an Employer does not allow access when they have the ability to do so, the Employer shall
be fined $1,000 per week until access is granted.
Section 7 - Hiring
When an Employer performs work covered by this Agreement in the areas covered by Local Union 150, the
following shall apply;
The Employer will obtain all employees used in the performance of such work through the Referral Offices of
the Local Union in accordance with the non-discriminatory provisions governing the operation of Local Union's Referral
Offices and its hiring hall procedures as set forth in Addendum I.
Section 8 - PENALTY FOR FAILURE TO PAY FRINGE BENEFITS
PENSION, VACATION SAVINGS, HEALTH & WELFARE, APPRENTICESHIP TRAINING, CONSTRUCTION INDUSTRY
RESEARCH AND SERVICE TRUST FUNDS, EMPLOYEE CHECK -OFF, RETIREE MEDICAL SAVINGS, GRIEVANCE
SETTLEMENT, JOINT GRIEVANCE AWARD OR ARBITRATION, AND/OR ATTORNEY FEES, LIQUIDATED DAMAGES,
INTEREST, AND/OR OTHER FEES DUE TO THE FUNDS
(A) Penalty - In the event the Union determines any employer -member of the Association or any Employer
signatory to this Agreement fails to pay fringe benefits set forth in this Agreement and/or fails to have sufficient
funds in the bank to pay checks issued to the member of the Union, the Union shall have the right to
immediately withhold and withdraw the services of its members from such Employers and the right to strike
and picket until such failure to comply has been corrected, provided, however, that the Union shall notify the
employer-member's Association forty-eight (48) hours before of such violation prior to commencing such
action.
If any Employer fails to pay wages or fringes, the arbitration procedure herein provided for shall become
inoperative and the Union shall be entitled to resort to all legal and economic remedies, including the right to strike and
picket, until such failure to pay has been corrected, including penalties set out in Article V herein.
This clause shall be inoperative if the amount of wages or fringes is bonafidely disputed. In such instance, the
Employer shall then pay the wages or fringes admitted to be due and the balance shall be settled by the arbitration
procedure as provided herein.
(B) Penalty - Grievance Award Settlements - If any Employer fails to comply with grievance award or
grievance settlement, the arbitration procedure herein provided for shall become inoperative and the Union
shall be entitled to resort to all legal and economic remedies including the right to strike and picket until such
failure to comply has been corrected.
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(C) In the event the Union is entitled to recover its costs and attorney fees under any provision of this
Agreement, and these costs are unpaid the Union shall be entitled to resort to all legal and economic remedies,
including the right to strike until such failure to pay has been corrected.
(D) Legitimate Picket Line - It shall not be a violation of this agreement or disciplinary action in the event
an employee refuses to enter upon any property involved in a legitimate labor dispute or refuses to go through
or work behind any picket line on the Union party to this Agreement and including picket lines at any
Employer's place or places of business. Furthermore, an employee may refuse to cross any picket line when he
fears bodily harm may be done to him.
Section 9 - Bonding of Employer
The Union may at its discretion demand payment bond of any Employer guaranteeing payment of all earnings
and/or other Fringe Benefit payments as provided for in this Agreement.
Section 10 - Job Steward
The job steward shall be selected bythe Union from amongthe members of the Bargaining Unit employed atthe
job site at the time of selection. The job steward shall be a working employee. The Union shall have the right to
designate which employee shall be the steward or acting steward. The job steward shall have no special employment
priority or security. In case of any minor difficulty, the steward shall be permitted reasonable time to adjust same.
Section 11 - Discharge
The Employer shall have the right to discharge any employee for just cause. The Employer shall notify the
Union as soon as possible, but in no event later than the close of business on the second regular working day after such
discharge. A normal layoff of an employee need not be reported to the Union.
Section 12 - Regular Assigned Engineers
The Engineers, or crew, regularly assigned to a piece of equipment shall be given preference when this piece of
equipment is required to do work on Saturdays, Sundays, and Holidays, or other overtime or regular work day.
Section 13 - Long Boom Pay
All engineers operating cranes with booms of 90 feet up to 200 feet, including jib, shall be compensated an
additional ONE DOLLAR ($1.00) per hour over and above the regular wage scale for operating such crane. All Engineers
operating cranes with booms of over 200 feet, including jib, shall be compensated an additional ONE DOLLAR AND
TWENTY FIVE CENTS ($1.25) per hour over and above the regular wage scale for operating such crane.
Section 14 - Capacity Pay
All engineers operating cranes and derricks with a manufacturer rated maximum capacity exceeding 50 ton
with less than 90 feet of boom or jib shall be compensated an additional seventy-five cents ($0.75) per hour over and
above the regular wage scale for operating such equipment. Long Boom Pay Section 13 and Capacity Pay Section 14 and
Auger and Drill Pay as provided for in Section 15 or this Article shall not be pyramided.
Section 15 - Augers and Drill Rigs
All engineers operating crane mounted earth augers and truck mounted drill rigs shall be compensated an
additional fifty cents ($0.50) per hour over and above the regular wage scale for operating such equipment.
Section 16
All tunnel, shaft or enclosed underground work shall be paid at the rate of fifty cents ($0.50) above the regular
negotiated rate for all work classification. All shifts will start above ground.
Section 17 - Concrete Conveyor Systems
Engineers on concrete conveyor systems will be present and assist when the conveyor system is being set up or
dismantled, operated or moved. The Engineer will also maintain the generator running the system, an additional
Engineer shall be required for each additional generator used and also an additional engineer shall be used if the
conveyor system is set up in sections on different levels and is not one continuous set of conveyors.
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Section 18 - Creter Cranes
Concrete conveyors mounted on rough terrain cranes (creter cranes) shall receive one-half (1/2) hour
preparation time. When the creter crane is equipped with a conveyor system capable of extending seventy (70) feet or
more, the engineer shall receive an additional fifty cents ($0.50) per hour wage increase over and above the regular rate
of pay for operating the creter crane.
Section 19 - Truck Mounted Concrete Pumps
Truck mounted concrete pump operations shall require an operator. When such machine is equipped with a
boom, which is capable of extending ninety (90) feet or more, the Engineer shall receive an additional twenty-five cents
($0.25) per hour wage increase over and above the regular rate of pay for operating the concrete pumps.
Section 20 - Helicopters
The use of helicopters (external loads) under the terms of this Agreement shall require a three (3) man crew,
one (1) pilot and two (2) controllers. The pilot and controllers must have direct radio communications during the
actual hoisting operation. The crew shall receive the hourly wage rate set forth in this Agreement for crane operators,
and in addition, the pilot shall receive Long Boom Pay.
Section 21- Bobcats
Bobcats or machines of a like nature that are designed to use bucket attachments of various sizes and the
manufacturer rates such machine capable of handling buckets of three -fourth (3/4) cubic yard or under, such machine
shall be in Class IV (oiler) wage category.
Bobcats or machines of like nature that are designed to use bucket attachments of various sizes and the
manufacturer rates such machine capable of handling buckets of over three -fourth (3/4) cubic yard, such machine shall
be in Class II wage category. Bobcats or machines of a like nature doing commercial or residential type work shall be
classified Class V. Bobcat with attachments other than loader bucket to be classified as per attachment.
Section 22 - Forklifts
(A) Forklifts capable of hoisting and mechanically moving forks horizontally - Employees operating the
above mentioned machine servicing less than six (6) bricklayers shall receive Class II rate of pay.
(B) Forklifts with fixed or tilt masts - Employees operating forklift with fixed or tilt masts servicing less
than six (6) bricklayers shall receive Class III rate of pay.
Section 23 - Self -Erecting Tower Crane
The use of self -erecting, self-contained, (excluding counter -weights), cranes under seven (7) tons without the
potential ability to lift more than seven (7) tons on residential single-family construction projects, and multi -family
residential housing construction projects not exceeding thirty total units or one hundred twenty feet (120') in height.
The parties further understand that no oiler is required, but that provisions of Article IV, Section 12, "PREPARING
EQUIPMENT", will apply to the operation of such equipment. If used on anything not mentioned above or on
commercial projects, all terms and conditions of the building agreement shall apply, except no oiler is required, but
preparing equipment shall apply, as long as the project does not exceed thirty total units or one hundred twenty feet
(120') in height.
Section 24 - Craft Foreman and/or Master Mechanic
Where any Employer employs ten (10) or more employees in the Bargaining Unit on any one project, the
Employer by mutual agreement with the Union, shall employ a Craft Foreman and shall pay such individual the wages
provided for in this Agreement. It is understood that the craft foreman will perform various duties until ten (10)
employees of the Bargaining Unit are employed.
After ten (10) men are employed, the Craft Foreman shall not operate equipment or do any repair work, except
in emergencies, or in the temporary absence of the regular operator. The Craft Foreman shall be the lead man of the ten
(10) or more employees in the Bargaining Unit. Such individual, however, shall neither have the authority to nor shall
he exercise any of the functions customarily exercised by supervisors within the meaning of the National Labor
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Relations Act, as amended. In no way shall such individual be deemed to be an agent of the Union. When twenty (20) or
more members of the Bargaining Unit are employed on any one project, an Assistant Craft Foreman shall be employed.
The Assistant Craft Foreman shall be a working assistant. On any shift other than the normal work day as set forth in
this Agreement, where ten (10) or more members of the Bargaining Unit are employed, an Assistant Craft Foreman shall
be employed who shall assume the duties of the Craft Foreman and shall be under the direction of the Craft Foreman.
The Craft Foreman shall remain in the project if two (2) or more employees of the Bargaining Unit are working
overtime. Employees on pump or dewatering systems are excluded in the count of such employees. If employees are
only small equipment operators, then there shall be four (4) or more employees working overtime before the Craft
Foreman shall be required to be on the project.
ARTICLE VI
Section 1- Wage Rates and Fringe Benefits
The wages rates and fringe benefits for the respective classifications set forth below shall be effective on the
dates indicated:
FRINGE BENEFITS
611117
611118
611119
Health & Welfare
$14.05
$14.50
$15.00
RMSP
$2.25
$2.50
$2.75
Pension
$9.30
$9.80
$10.30
Vacation
$1.20
$1.20
$1.20
Apprenticeship
$0.35
$0.35
$0.3S
Const Ind Research
& Service Trust Fund (CIRST)
$0.10
$0.15
$0.15
Industry Advancement
$0.15
$0.15
$0.15
WAGE RATES
611117
611/18
611119
Craft Foreman
$30.05
$30.45
$30.85
Ass't Craft Foreman
$29.55
$29.95
$30.35
CLASS
611117
611118
6/1/19
$29.05
$29.45
$29.85
***Mechanic
*Autograde
*Batch Plant
Benoto (requires two engineers)
Boiler and Throttle Valve
Boring Machine (Road)
Bulldozers (with engines of 140 net horsepower or more)
*Caisson Rigs / Tieback
Combination Backhoe Front End loader Machine with over 1/2 cu. yd. bucket or with attachments
*Central Redi-Mix Plant
Concrete Conveyor Systems
*Concrete Paver over 27E. cu.ft.
Concrete Paver 27E. cu.ft and under
*Concrete Placer
Concrete Placing Boom
Concrete Pumps/Grout Pumps (truck mounted)
Concrete Tower
++**Cranes, Backhoes, and excavators, all attachments
Cranes, self -erecting towers under (7) tons, Spider Cranes, Valla Cranes
*Cranes, Hammerhead
Creter Cranes
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*Derricks, all
+Forklift capable of hoisting and mechanically moving
Forks horizontally
Grader, Elevating
High lift Shovels or Front End loader (over three (3) yard bucket)
Hoists, two or more drums
Hydro Excavator
Laser Screed
Locomotive, all
Motor Patrol
Overhead Crane and Jib Crane
**Pile Drivers and Skid Rig
Pre -stress Machine
Rock Drill (self-propelled)
*Rock Drill (truck mounted)
Scoops - Tractor drawn
*Slip -form Paver
Tourna pull
Tractor with boom, and side boom
Crane Certification when required and/or requested by Employer and/or Owner:
FRICTION CRANE $2.00 ABOVE CLASS I
HYDRAULIC CRANE $1.00 ABOVE CLASS I
*Requires Oiler
**Trenching Machines 12 or more inches in width
**Requires Oiler pursuant to Article IV, Section 7
+See Article V, Section 22
++Tower Crane Operator and Oiler shall receive 30 minutes climb time each workday.
CLASS II
6117 6118 6119
$27.70 $28.10 $28.50
Air Compressor 600 cu. ft and over
Bobcat (over 3/4 cu.yd.)
Boilers
Broom all power propelled
Bulldozers (with engines of less than 140 net horsepower)
Combination Backhoe Front End loader Machine with 1/2 cu.yd. backhoe bucket or under or with attachments
Compressor and Throttle Valve
*Concrete Breaker (truck mounted)
Concrete Mixer of more than 21 cu.ft. capacity
+Forklift with a fixed or tilt mast
Greaser Engineer
High lift Shovel or Front End loader (three (3) yd. bucket and under)
Hoists, one drum
Hydraulic Boom Trucks/Mantis
Off Road Hauling Units - Including Articulated
Post -hole Digger (vehicle mounted)
Pump Cretes: squeeze cretes screw Type Pumps, Gypsum Bulker Pump
Rollers, all
Steam Generators
Stone Crusher
Straddle Buggies
Tractors
Winch Trucks with "A" Frame
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CLASS III 611117 Waa 6
$26.90 '$27.30 $27.70
Buck Hoist
Combination - Small Equipment Operator
Conveyor, portable
Grouting Machines
Hoist Elevators Mat'] and Personnel
Hydraulic Power Units Grouting and Pile -Driving
Lowboys
Stud Welder
Trenching Machines less than 12 inches in width
Welding Machines 8 through 15
CLASS IV
611117 Willa
$26.10 $2630
Bobcat (up to and including 3/4 cu. yd.)
Compressor over 210 cu. ft. and less than 600 cu. ft.
Generators - over 50kw
Heaters, Mechanical
Hoists, all elevators (perm. installation)
Hoist, automatic
Hoist, tugger single drum
Oilers
Pumps, Well Points and Electric -Submersibles
Small Rubber Tired End Loaders 1/4 cu. yd. and under
Tractors, farm type
Welding Machines (2 through 8)
CLASS
23.50
Bobcats (Commercial and Residential)
+ These wage classifications become effective June 1, 2003 and apply only where Employers have determined to
assign the operation of such machinery to employees represented by Local 150.
WINTER MAINTENANCE: Shop rates for operators shall be in effect from December 1st to April 1st, which rate
shall be: (This clause does not apply to Mechanics.)
6117 611118 611119
$26.05 $26.45 $26.85
PERMANENT SHOP MECHANICS: Welders - Mechanics working in a permanent shop. When such mechanics work as
field mechanics, they shall receive a field mechanic's rate of pay for the entire day. Permanent shop mechanic - welder
rates do not apply to construction sites or shops adjacent to construction sites. Wage rate for Permanent Shop
Mechanic Welder will be:
HAZMAT PAY
6117 611118 611119
$27.05 $27.45 $27.85
LEVEL A $3.00 ABOVE CLASS I
LEVEL B $2.00 ABOVE CLASS I
LEVEL C & D $1.00 ABOVE CLASS I
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Section 2 - Wages and Fringe Benefits for Apprentices in all Counties
Fringe Benefits for First and Second Year Apprentices
FRINGE HENEFUS
6 1 1
611/18
611119
Health & Welfare
$14.05
$14.50
$15.00
RMSP
$2.25
$2.50
$2.75
Pension
$7.30
$7.80
$8.30
Vacation
$1.20
$1.20
$1.20
Apprenticeship
$0.35
$0.35
$0.35
Const Ind Research
& Service Trust Fund (CIRST)
$0.10
$0.15
$0.15
Industry Advancement
$0.15
$0.15
$0.15
Fringe Benefits for Third and Fourth Year Apprentices
FRINQ BENEFITS
611117
611118
6119
Health & Welfare
14.05
$14.50
$15.00
RMSP
$2.25
$2.50
$2.75
Pension
$9.30
$9.80
$10.30
Vacation
$1.20
$1.20
$1.20
Apprenticeship
$0.35
$0.35
$0.35
Const. Ind Research
& Service Trust Fund (CIRST)
$0.10
$0.15
$0.15
Industry Advancement
$0.15
$0.15
$0.15
Wages for all Apprentices
WAGES
611117
611118
611119
1st year
$22.00
$22.40
$22.80
2nd year
$23.15
$23.55
$23.95
1st half of 3rd year
$24.35
$24.75
$25.15
2nd half of 3rd year
$25.55
$25.95
$26.35
1st half of 4th year
$26.70
$27.10
$27.50
2nd half of 4th year
$27.90
$28.30
$28.70
At the end of the fourth year, apprentices shall become Journeyman Engineers and shall be paid pursuant to the
terms of the wage classifications set forth in this Agreement.
In no event shall the rate of pay for apprentices exceed that rate provided for in the classification of machine the
apprentice may be operating as contained in Article VI of this Agreement.
Apprentices shall be paid according to the Apprenticeship Introduction Slip issued to the Employer and the
Apprentice at the time the apprentice is dispatched by the Union to the Employer.
The Introduction Slip must indicate the progress status of the apprentice. As the apprentice progresses in
status, he shall be paid pursuant to the rates set forth in this Agreement.
In addition to the above provisions for rates of pay, fringe benefit contributions shall be as provided for in this
Agreement covering work being performed by said apprentices.
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ARTICLE VII
Section 1 - WELFARE FUND AND RETIREE MEDICAL SAVINGS
(A) Welfare Fund
Effective June 1, 2017, the Employer shall pay Fourteen Dollars and Five Cents ($14.05) per hour for each hour
for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers
Welfare Fund.
Effective June 1, 2018, the Employer shall pay Fourteen Dollars and Fifty Cents ($14.50) per hour for each hour
for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers
Welfare Fund.
Effective June 1, 2019, the Employer shall pay Fifteen Dollars and Zero Cents ($15.00) per hour for each hour
for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers
Welfare Fund.
Contributions to the aforesaid Health and Welfare Fund shall not constitute or be deemed wages due to the
employee.
It is understood and agreed that the Employer shall be bound to the terms and provisions of the Agreement and
Declaration of Trust of the Midwest Operating Engineers Welfare Fund, and all amendments heretofore or hereafter
made thereto, as though the same were fully incorporated herein.
The Welfare Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such
other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office
together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the
twentieth (20th) day of the month. Contributions to the aforesaid Health and Welfare Fund shall not constitute or be
deemed wages due to the employee.
If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of
the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement
and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but
not limited to, attorney fees.
Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this
Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive
compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise
number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who
is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who:
A. Is a shareholder, officer and/or director of the corporation or Employer;
B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law)
of a shareholder, officer and/or director of the corporation or Employer
The Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours,
twelve (12) months a year, based on the contribution rates established herein. Failure by the Employer to make timely
payments shall result in such persons) not being eligible for benefits; such benefits shall be reinstituted upon back
payment being made. However, such suspension of benefits shall not relieve the Employer of its obligations under this
Section.
It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a
percentage of ownership of greater than 15%.
Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at
the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per
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month twelve (12) months a year.
(B) Retiree Medical Savings
All language as written in Section 1, Paragraph B of this Article shall apply to Section 1, Paragraph B
Effective June 1, 2017, the Employer shall pay Two Dollars and Twenty -Five Cents ($2.25) per hour for each
hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers
Welfare Fund's Retiree Medical Savings Plan.
Effective June 1, 2018, the Employer shall pay Two Dollars and Fifty Cents ($2.50) per hour for each hour for
which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers Welfare
Fund's Retiree Medical Savings Plan.
Effective June 1, 2019, the Employer shall pay Two Dollars and Seventy -Five Cents ($2.75) per hour for each
hour for which the Employee receives wages under the terms of this Agreement into the Midwest Operating Engineers
Welfare Fund's Retiree Medical Savings Plan.
Section 2 - Pension Fund
It is understood and agreed that there shall be continued a Trusteed Pension Plan known as the Midwest
Operating Engineers Pension Fund.
Effective June 1, 2017, the Employer shall be liable to contribute Nine Dollars and Thirty Cents ($9.30) per hour
for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension Trust Fund.
Effective June 1, 2018, the Employer shall be liable to contribute Nine Dollars and Eighty Cents ($9.80) per
hour for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension
Trust Fund.
Effective June 1, 2019, the Employer shall be liable to contribute Ten Dollars and Thirty Cents ($10.30) per
hour for which the Employee receives wages under the terms of this Agreement to the aforementioned Pension
Trust Fund.
For apprentices see schedule in Article VI, Section 2.
The Pension Fund has been established and shall be administered in accordance with the Labor Management
Relations Act of 1947, as amended.
Contributions to the Pension Trust Fund shall not constitute or be deemed wages due to the employee.
It is understood and agreed that the Employer shall be bound by the terms of provisions of the Agreement and
Declaration of Trust of the Midwest Operating Engineers Pension Fund, and all amendments heretofore or hereafter
made thereto as though the same were full incorporated herein.
The Pension Fund maintains a place of business at 6150 Joliet Road, Countryside, Illinois, 60525, or at such
other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office
together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the
twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to
the employee.
If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of
the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned TrustAgreement
and shall be liable for contributions due, liquidated damages, interest and any other cost of collection; including, but not
limited to, attorney fees.
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Effective June 1, 2017, the parties recognize that individuals employed by corporations who are party to this
Agreement may perform both bargaining unit and non -bargaining unit work. Certain of these employees receive
compensation in such a manner that it is difficult to determine for purposes of fringe benefit contributions the precise
number of hours which are spent performing bargaining unit work. It is therefore agreed that when an employee who
is employed by a corporation, performs both bargaining unit work and non -bargaining unit work and who:
A. Is a shareholder, officer and/or director of the corporation or Employer;
B. Is a relative (husband, wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law)
of a shareholder, officer and/or director of the corporation or Employer
the Employer shall be required to make contributions on behalf of such employee on the basis of 120 hours,
twelve (12) months a year, based on the contribution rates established herein.
It is agreed that the 120 hour clause of this section should not apply to an LLC unless such person has a
percentage of ownership of greater than 15%.
Is a relative ... the bargaining parties have agreed that any shareholder/relative reporting under this clause at
the discretion of the Employer must report either actual hours worked per month or a minimum of 120 hours per
month twelve (12) months a year.
Section 3 - Vacation Fund
Effective June 1, 2017, the Employer shall pay One Dollar and Twenty Cents ($1.20) per hour for each hour
wages are received by an Employee covered by this Agreement into the Local 150 IUOE Vacation Savings Plan.
In computing the Vacation Pay per hour, the Employer is required to add the amount per hour to the employee's
gross wages and then deduct the Social Security and Withholding Tax from the gross figure on each check. The Vacation
Pay for each hour shall then be set aside for remittance to the Vacation Savings Plan.
For apprentices see schedule in Article VI, Section 2.
Each Employer bound hereby irrevocably appoints as his representative on the Board of Trustees such Trustees
as are named in the Agreement and Declaration of Trust as Employer Trustees and their successors duly appointed as
therein set forth, and agrees to be bound by all the terms and provisions of the Agreement and Declaration of Trust,
Local 150 I.U.O.E. Vacation Savings Plan, and all amendments heretofore or hereafter made thereto, as though the same
were fully incorporated herein.
Payments accompanied by monthly reports on forms provided for same are due in the Vacation Savings Plan
Office, 6150 Joliet Road, Countryside, Illinois 60525, not later than the tenth (10th) day of the following month for the
preceding month. Report forms are available at the above address. However, if payment is not in by the twentieth
(20th) day of the month, it shall be considered a violation of this Agreement and shall be liable for contributions due,
liquidated damages, interest, and any other cost of collection; including, but not limited to, attorney fees.
Additional information and Employer code numbers can be obtained in the Vacation Savings Office at 6150
Joliet Road, Countryside, Illinois 60525.
Section 4 - Apprenticeship and Skill Improvement Fund
A Trusteed Apprenticeship and Skill Improvement Fund has been created and is known as the Operating
Engineers Local 150 Apprenticeship Fund.
Effective June 1, 2017, the Employer shall pay Thirty -Five Cents ($0.35) per hour for each hour wages are
received by the Employees covered by this Agreement into the aforesaid Apprenticeship Fund.
It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and
Declaration of Trust of the Apprenticeship Fund, and all amendments heretofore or hereafter made thereto, as though
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though the same were fully incorporated herein.
The Employer further agrees to be bound by the terms of the Apprenticeship Standards established by Joint
Apprenticeship Training Committee of the Northern Illinois and Northern Indiana Apprenticeship and Skill
Improvement Program, as approved by the United States Department of Labor, Bureau of Apprenticeship Training.
The Apprenticeship Fund has been established and shall be administered in accordance with the Labor
Management Relations Act of 1947, as amended and all other applicable Federal and State Laws.
The Apprenticeship and Skill Improvement Fund maintains a place of business at 6150 Joliet Road, Countryside,
Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to
such business office together with report forms supplied for such purpose on the tenth (10th) day of the following
month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or
be deemed wages due to the employee.
Contributions to the aforesaid Apprenticeship Fund shall not constitute or be deemed wages due to the
employee.
The sole liability of the Employer to the Apprenticeship Fund shall be the payment of hourly contributions as
set forth in this Section; provided, however, that nothing herein shall be interpreted to release the Employer from its
obligations under the Apprenticeship Standards as set forth above.
If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of
the month, the Employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement
and shall be liable for contributions due, liquidated damages, interest, and any other cost of collection; including, but
not limited to, attorney fees.
Section 5 - Industry Advancement Fund
The Employer shall be liable to contribute Fifteen Cents ($0.15) for each hour the employee receives wages into
the Industry Advancement Fund. Payment shall be made to the Michiana Area Construction Industry Advancement
Fund (MACIAF) at 3215A Maple Court, South Bend, Indiana 46628 or other such place as may be directed by MACIAF.
The administration of this Fund shall be solely in the hands of the Association and no Employer shall pay or deliver any
funds to any representative of his employees, except for actual services rendered, and provided further that any
documents establishing such funds and any amendments thereto shall be first approved by the Union. An annual audit
of the fund shall be made by a certified public accountant and the Association, at no cost to the Union, shall furnish a
copy of the same to the Union.
The Union, at all reasonable times, during regular working hours, upon request, shall have the right, through its
representatives, auditors or attorneys, to examine the books and records of the Fund and to extract portions thereof and
make copies. The Fund, the Trustees thereof, and the Association, agree to indemnify and hold harmless the Union, its
officers, agents, representatives and members from any claim, suit, cause of action or otherwise as regard the creation of
the fund, its administration or any act or action in connection therewith and such indemnity and agreement to hold
harmless shall include the payment of costs and attorneys' fees on behalf of the beneficiaries of such indemnity and
shall require immediate notification to the Union of any claim or potential cause of action which might, in any way,
effect the Union, its officers, agents, representatives or members.
Anything to the contrary notwithstanding, no expenditure from said Fund shall be made for any activity
harmful or injurious to the Union or its members. In the event the Union objects to expenditure for reasons which it
deems will be harmful or injurious to it or its members, the activity for which the expenditure is to be made shall cease,
and no further expenditures in such connection shall be made. Without in any way intending to limit the nature of
prohibited expenditures, no expenditures shall be made for any of the following purposes:
1. Promotion of legislation opposed by the Union or opposition to legislation favored by the Union.
Subsidies, indemnities, or payment of any kind to contractors during, for or in connection with a period
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period of strike, lockout, or work stoppage.
3. Litigation before any court or administrative body against the Union or any arbitration involving the
Union or the payment of any expenses directly or indirectly involved in any such litigation.
4. Publicity or public relations campaigns in support of managements position respecting bargaining
negotiations with the Union.
The instrument creating the Fund shall contain the provisions of this sub -paragraph.
Contributions of the Employer shall be forwarded to said Fund together with forms supplied for such purposes,
not later than the tenth (loth) day of the following month.
Contributions to the aforesaid Industry Advancement Fund shall not constitute or be deemed wages due to the
employee. The sole liability of the contribution Employer shall be the payment of hourly contributions as provided
above.
Section 6 - Employee Check -Off
(A) Dues Check Off
Upon receipt of a written check -off authorization from an employee, the Employer agrees to deduct each week
the applicable initiation fees and monthly dues uniformly required for obtaining and maintaining membership in the
Union from the pay of each employee covered by this Agreement and shall remit the same to the Union, together with an
itemized statement of such deductions. No deductions shall be made which are prohibited by applicable law. Payments,
accompanied by monthly reports on forms provided shall be submitted to the. Report forms are available at the above
address.
IUOE Local 150 Administrative Dues maintains a place of business at 6200 Joliet Road, Countryside, Illinois
60525, or at such other place designated by the Trustees. Contributions of the Employer shall be forwarded to such
business office together with report forms supplied for such purpose on the tenth (10th) day of the following month no
later than the twentieth (201h) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed
wages due to the employee.
However, if payment is not received by the twentieth (20th) day of the month, it shall be considered a violation
of this Agreement and the Union shall be permitted all legal and economic remedies including the right to strike and
picket until such failure to pay dues deducted, plus liquidated damages of ten (10%) percentthereon, interest and other
costs, including, but not limited to, attorney fees.
It is the intention of the parties that such deductions shall comply with the requirements of the Section 302(c)
(4) of the Labor --Management Relations Act of 1947, as amended, and that such deductions shall be made only pursuant
to written assignments from each employee on whose account such deductions are made, which assignment shall not be
irrevocable for a period of more than one (1) year, or beyond the termination date of this Agreement, whichever occurs
sooner.
The Union agrees that it will indemnify and hold harmless the Employer from any and all claims, suits, causes of
action, or otherwise, as regards the creation and administration of the dues deduction established by this Section.
(B) Local 1S0 - Federal PAC Check -Off
The EMPLOYER will deduct five cents ($.05) for each hour that the employee receives wages under the terms of
this Agreement, on the basis of individually signed, voluntary authorized deduction forms and shall pay over the
amount so deducted to the International Union of Operating Engineers Local 150 Political Action Committee ("IUOE
PAC'), 6200 Joliet Road, Countryside, Illinois 60525. It is agreed that these authorized deductions for the IUOE PAC are
not conditions of membership in the International Union of Operating Engineers, Local 150, or of employment with
EMPLOYER and that the IUOE PAC will use such monies in making political contributions in connection with Federal
elections. Payments to the IUOE PAC, accompanied by monthly reports on forms so provided by the International Union
of Operating Engineers, Local 150, shall be remitted at the same time as required for the monthly pension and welfare
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welfare payments on a separate check made payable to the IUOE PAC at the above address.
The IUOE PAC Fund maintains a place of business at 6200 Joliet Road, Countryside, Illinois, 60525, or at such
other place designated by the Trustees. Contributions of the Employer shall be forwarded to such business office
together with report forms supplied for such purpose on the tenth (10th) day of the following month no later than the
twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not constitute or be deemed wages due to
the employee.
However, if payment is not received by the twentieth (20th) day of the month, it shall be considered a violation
of this Agreement and the Union shall be permitted all legal and economic remedies including the right to strike and
picket until such failure to pay Federal PAC deducted, plus liquidated damages often (10%) percent thereon, interest
and other costs, including, but not limited to, attorney fees.
The Union agrees to indemnify and hold harmless the Employer, from any claim, suit, cause of action, or
otherwise with regard to creation of this Dues Deduction, its administration or any act or action in connection therewith
and such indemnity and agreement to hold harmless shall include the payment of costs and attorneys' fees on behalf of
the beneficiaries of such indemnity.
The Employer and the Union agree to bear their own respective costs incurred in administering the payroll
deductions to the IUOE PAC.
Section 7 - Construction Industry Research and Service Trust Fund
Effective June 1, 2017, the Employer shall pay Ten Cents ($0.10) per hour for each hour for which Employees
receive wages under the terms of this Agreement into the Construction Industry Research and Service Trust Fund.
Effective June 1, 2018, the Employer shall pay Fifteen Cents ($0.15) per hour for each hour for which Employees
receive wages under the terms of this Agreement into the Construction Industry Research and Service Trust Fund.
It is understood and agreed that the Employer shall be bound by the terms and provisions of the Agreement and
Declaration of Trust of the construction Industry Research and Service Trust Fund, and all amendments heretofore or
hereafter thereto, as though the same were fully incorporated herein.
The Construction Industry Research and Service Trust Fund maintains a place of business at 6150 Joliet Road,
Countryside, Illinois, 60525, or at such other place designated by the Trustees. Contributions of the Employer shall be
forwarded to such business office together with report forms supplied for such purpose on the tenth (10th) day of the
following month no later than the twentieth (20th) day of the month. Contributions to the aforesaid Fund shall not
constitute or be deemed wages due to the employee.
If payment for contributions as defined above is not received by the Fund Office by the twentieth (20th) day of
the month, the employer shall be deemed to be in violation of this Agreement and the aforementioned Trust Agreement
and shall be liable for contributions due, liquidated damages, interest and any other costs of collection; including, but
not limited to, attorney fees.
ARTICLE VIII
Section 1- Grievance and Arbitration
For the purpose of this Agreement, the term "Grievance" is any claim or dispute involving an interpretation or
application of the Agreement by an employee, or an Employer, or the Union, or the Association that one or the other of
the aforesaid persons or organizations is violating or has violated this Agreement.
All grievances shall be filed under the provisions of this Article.
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STEP ONE: A grievance shall first be taken up between the Union's designated representative and a
designated representative of the Employer.
STEP TWO: In the event that the grievance cannot be resolved within six (6) working days of the Step One
conference, it shall be reduced to writing and referred for conference and resolution by designated officials of the Union
and the Association or the Employer as the case may be.
STEP THREE: In the event the grievance cannot be resolve by the Step Two conference the aforementioned
written grievance shall be submitted immediately to the Joint Grievance Committee created in the Article.
The Union and Association shall together create a Joint Grievance Committee to resolve grievances arising
under this Agreement. This Committee shall consist of an equal number of members representing Employers and the
Union. The Union or Association may appoint alternate members.
The Joint Committee has formulated rules of procedure to govern the conduct of its meeting and such rules for
processing of grievances are not in conflict with this Agreement.
The Joint Committee shall have the power to resolve all grievances before it and shall have the rightto examine
all records of the Employers and employees as is reasonably necessary to resolve the grievance. The Joint Grievance
Committee shall have the authority to determine and assess remedies for violations of this Agreement; including, but
not limited to an award of back pay and equivalent benefits to the Local 150 Assistance Fund.
Where the Joint Grievance Committee, by majorityvote, resolves a grievance, no appeal maybe taken and such
resolution shall be final and binding on all parties and individuals bound by this Agreement.
If the Joint Grievance Committee is unable to resolve a grievance by majority vote, the grievance may be
submitted within thirty (30) days to a neutral arbitrator. If the Union and the Association cannot agree on an arbitrator,
then an arbitrator shall be selected in accordance with the rules and procedures of the American Arbitration
Association. The cost of such arbitration shall be borne equally by both parties to the arbitration; and the decision of
the arbitrator shall be final and binding on all parties and individuals bound by this Agreement. If the Joint Grievance
Board is unable to schedule a Joint Grievance Committee meeting within thirty (30) calendar days after receiving notice
of a Joint Grievance Committee meeting request the Union may proceed to arbitration.
The time limits provided in this Section may be extended by mutual written consent of the Union and the
Association.
Neither the Joint Grievance Committee nor an arbitrator shall have any authority to add to, detract from, or in
any way alter the provisions of this Agreement or make a new Agreement.
There shall be no lockout by an Employer during the term of this Agreement.
Except as provided in Article V, Section 8, Paragraphs A, B and C of this Agreement, there shall be no strikes or
work stoppages by the Union during the term of this Agreement.
Section 2 - Jurisdictional Award
Unless determined by Jurisdictional Award as hereinafter set forth, all work that had been heretofore
performed under agreement or by custom or by area practice with any other local organization shall continue to be so
performed until such Jurisdictional Award is made. Whenever a jurisdictional dispute shall arise between local labor
organizations, the provision of this Agreement shall prevail until a Jurisdictional Award has been made by the proper
Jurisdictional Board of International Unions of which the local disputing Labor Organizations are members. The
Employer agrees to abide by such Jurisdictional Award, but there shall be no work stoppage while the settlement of the
dispute is pending. It is further agreed that the Employer will abide by such mutual agreement reached between the
Local Union and other Local Unions and the International Union.
25
MICHIANA BUILDERS ASSOCIATION INC
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D FAGAN.] GARDNER.N CLINE
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ARTICLE IX
Section 1 - Affirmative Action
The Union agrees to participate in an Affirmative Action Program that is agreed upon between the Union and
the Michiana Builders Association, Inc. or to participate in an existing plan known as the South Bend Home Town Plan.
Section 2 - No Discrimination
It is understood and agreed that the Employer shall not discriminate against any member of the Union, any of
its Officers, its Stewards, or any member serving as a member of a committee authorized by the Union. In the
application of provisions of this Agreement, there shall be no discrimination by the Employer or the Union against any
individual because of such individual's race, color, religion, sex, age or national origin, and when the words in the
masculine are used herein it shall include the feminine.
ARTICLE X
Section 1- Savings Clause
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 provision herein were not a part hereof, 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 amendment thereof, or any order or
regulation issued there under, now 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.
Such amendment to this contract shall remain in effect only so long as said law, amendment, order or regulation
continues in force, or until the expiration of this Agreement, whichever event shall first occur.
Section 2 - UNIFORMITY
In the event that any other Employer or Employer group reaches an agreement with the Union covering the
same work as this Agreement, that is any more favorable than a term of this Agreement, then at the option of Michiana
Builders Association such more favorable provisions shall become a part of this Agreement, as of the effective date of
the more favorable provision. The Union shall notify, by certified mail within seven (7) calendar days of entering into
any agreement with any other employer or employer group covering the same work as is covered by this Agreement,
the Michiana Builders Association and provide it with a copy of any other labor agreement now or hereafter negotiated
with anyone else covering the same work as this Agreement but containing any different terms and conditions. The
Michiana Builders Association shall notify the Union, by certified mail within seven (7) calendar days, of its intent to
utilize the more favorable terms.
During the term of this Agreement, Michiana Builders Association may request the Union to provide a list of
employers who have signed a Memorandum of Understanding adopting the terms of this Agreement.
ARTICLE XI
Section 1- Credit Union Deductions
The Company agrees that upon receipt of properly executed Voluntary Payroll Deduction Authorizations they
shall make payroll deductions from the same pay period each month. Such deductions shall be on constant amounts on
behalf of employees that are members of Local 150, I.U.O.E., Credit Union. Deductions shall be prior to the twentieth
(20th) day of each month. Remittance of the accumulated deductions of the previous month, with a list indicating the
name, social security number and amount remitted for each member, will be made for each member to the Local 150,
I.U.O.E., Members Credit Union, 6240 Joliet Road, Countryside, Illinois 60S25.
26
MICHIANA BUILDERS ASSOCIATION INC
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DFAGAN.JGARDNER.NCLINE
MAY 19, 2017 mlc
ARTICLE XII
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 matters for its own use. However, such rules and regulations whether contained in the By -Laws, Constitution,
or otherwise shall have no effect directly or indirectly upon this collective bargaining agreement, any employment
relationship or the relationship between the parties.
ARTICLE XIII
Agency
The Michiana Builders Association, Inc. signs this contract as Agent for and with the consent of each of the
member contractors thereof. Each Contractor and Local Union 150 shall not be responsible for the acts of any other
Union, and similarly, each Contractor shall be responsible for his own acts only.
ARTICLE XIV
EFFECTIVE TERMINATION DATES AND NOTIFICATION
The Agreement shall be effective as of June 1, 2017 and shall continue in full force and effect until May 31, 2020.
The Parties shall give notice at least sixty (60) days prior to May 31, 2017of the desire to negotiate a new Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 2017,
MICHIANA BUILDERS ASSOCIATION INC INTERNATIONAL UNION OF OPERATING
3215-A Sugar Maple Court ENGINEERS LOCAL 150 AFL-CIO
South Bend, Indiana 46628
(574) 288-4777
Shawn O'Brien, Executive Director James M Sweeney, President/Business Manager
Steven M Cisco, Recording -Corresponding Secretary
David A Fagan, Financial Secretary
27
MICHIANA BUILDERS ASSOCIATION INC
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DFAGAN.JGARDNER.NCLINE
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The Union and the Association together shall create a Competition Committee
This Committee shall consist of an equal number of members representing the Employer and Union with no less
than three (3) persons from each group. The Union and/or Association may appoint alternate members.
The purpose of the Competition Committee is to monitor the unfair non -union competition in the industry. The
Committee shall take those steps necessary to keep parties to the Agreement competitive in the market area covered by
the geographic boundary of the Agreement.
For the Association:
For the Union:
28
MICHIANA BUILDERS ASSOCIATION INC
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D FAGAN.JGARDNER.N CLINE
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CONTRIBUTIONS TO BUILDING AND CONSTRUCTION RESOURCE CENTER, INC.
Various Employer Associations under this Agreement 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 concerning alcohol, drug and other substance abuse.
Each Employer under this Agreement shall pay to BCRC the sum of ten cents ($0.10) 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.
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 & Welfare and Pension payments required to be made bythe
Employers and thus, may be enforced in the same manner. Payments shall be payable to Building and
Construction Resource Center, Inc. (BCRC), 6050 Southport Suite B, Portage, Indiana 46368.
The Board of Directors of BCRC will have full audit authority of the Employer's books and records as they
pertain to this contribution.
BCRC shall notify the Union of any failure to test under this Article and of any positive test result.
29
MICHIANA BUILDERS ASSOCIATION INC
FINAL
DFAGAN.JGARDNER.NCLINE
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INTERNATIONAL UNION OF OPERATING ENGINEERS
Local 150 MAIN OFFICE
6200 Joliet Road, Countryside, IL 60525
(708)482-8800
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 150 DISTRICT 6
1001 N Michigan Street, Lakeville, Indiana 46536
(574) 784-3694
INTERNATIONAL UNION OF OPERATING ENGINEERS
LOCAL 150 DISTRICT 7
2193 West 84th Place, Merrillville, IN 46410
(219)736-7710
TRAINING SITE AND APPRENTICESHIP OFFICE
19800 w South Arsenal Road, Wilmington, IL 60481
(815)722-3201
MIDWEST OPERATING ENGINEERS BENEFIT FUNDS OFFICE
6150 Joliet Road, Countryside, IL 60525
(708)482-7300
Toll Free Numbers to Call:
Members in Indiana, Michigan, Wisconsin and Iowa
(800)323-3060
MIDWEST OPERATING ENGINEERS CREDIT UNION
6240 Joliet Road, Countryside, IL 60525
(708)482-9606
30
MICHIANA BUILDERS ASSOCIATION INC
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JAMES M SWEENEY
President -Business Manager
KEVIN C BURKE
Vice President
STEVEN M CISCO
Recording Corresponding Secretary
DAVID A FAGAN
Financial Secretary
MARSHALL E DOUGLAS II
Treasurer
Local 150 affiliated with the AFL-CIO and
Building Trades Department
31
MICHIANA BUILDERS ASSOCIATION INC
FINAL
DFAGAN.JGARDNER.NCLINE
MAY 19, 2017 mlc
"4?
UD y
r�
WORKPLACE DRUG
AND ALCOHOL ABUSE F.29
The use, possession, transportation, solicitation or sale of alcohol or drugs (illegal drugs or unprescribed
drugs) by anyone while on Company business or premises is absolutely prohibited. In addition, the
Company prohibits any employee being at worts or working under the influence of alcohol or drugs,
irrespective of the degree of physical or mental impairment the employee may be experiencing. This policy
includes the intentional misuse of prescribed drugs as well as the illegal use of unprescribed drugs. Any
violation of these rules by any employee while on company business or premises will be cause for
disciplinary action, ranging from verbal or written reprimand to immediate discharge and referral to law
enforcement agencies.
The term "company premises" includes all property, buildings, structures, jobsites, parking lots and means
of transportation owned by or leased to the company or that which is under the control of the company, the
responsibility of the company or otherwise being utilized for company business.
In an effort to establish a drug free work place for the safety of its employees, Larson Danielson
Construction Co. Inc. will adhere to a drug testing program consisting of, but not limited to initial employment
screening, scheduled random testing, and post -accident testing.
Consequences for a positive test: Any employee who fails a drug test will be disciplined in the following
progression:
(A) After the first positive test, an employee will be:
(I) suspended from work for thirty (3,0) days;
(ii) directed to a program of treatment of rehabilitation; and
(iii) subject to unannounced drug testing for one (1) year, beginning the day the employee
returns to work.
(B) After a second positive test, an employee will be:
(i) suspended from work for ninety (90) days;
(ii) directed to a program of treatment or rehabilitation; and
(iii) subject to unannounced drug testing for one (1) year, beginning the day the employee
returns to work.
(C) After a third or subsequent positive test, an employee will be:
(I) suspended from work for one (1) year;
(!I) directed to a program of treatment or rehabilitation„ and
(iii) subject to unannounced drug testing for one (1) year; beginning the day the employee
returns to work. .
In addition, all BCIC policies and procedures relating to drug and alcohol abuse, as detailed in the Health
and Safety Manual, are relevant and applicable to this Company policy.
Larson Danielson reserves the right to accept a standardized drug testing program, so long as said program
contains similar criteria to that which is listed above.
Post -accident drug testing will be required for all injuries requiring treatment beyond first aid, and any
property damage accident where there is more than one thousand dollars damage. In all post -accident drug
testing the Express result testing, where available will be administered at the BCRC required testing
facilities geographically located closest to the jobsite.
Testing may also occur if there is reasonable concern that an employee is under the influence of alcohol or
a controlled substance.
L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\Work Place Drug and Alcohol Abuse F_29.docx1 of 1
1 /1 /08
September 1.7, 2019
City of South Bend, Board of Public Works
227 West.Jefferson fflvd,
South Bend, Its 46601
Ile! Larson -Danielson Construction Co., Inc.
Century Center Parking Lot Gateway Improvements (REBID)
To Whom It May Concern:
The Ohio Farmers Insurance Company part of the WestfieId insurance group of companies is listed on
the Federal Treasury List of Approved Sureties, Ohio Farmers Insurance Company has an A.M. Best
Rating of "A" (Excellent) with a FinancW Size Category of "XIV".
Ohio Farmers Insurance Company has been the surety for Larson-Daniellson Construction Co., inc. for
31 years and CUrrently are willing to corusider bonds in the $75 million range with backlogs exceeding
$1.50 million. Larson-Dani6son Construction Co., Inc. is currently in good standing with Ohso Farmers
Insurance Company, they are a valued client and our Pxf.)erience with this contractor has been most
satisfactory. We are more tlian willing to consider providing bonds on any proct that Larson-
Daniellson Construction Co,, Inc, may seek to obtain.
Our approval of such a request would be conditioned upon applicable underwriting considerations at
the time of the bond request. This letter is not an assumption of liability. We have issued this letter
only as a bonding reference requested by our client,
We are proud to recornimend this fine organization to you. Should you require additional inforniation
regarding Larson -Danielson Construction Co,, Inc, I,)ond probiraai, please feel free to contact our office,
GENERAL INSURANCE SERVICES, INC,
Chris Men
Cin behallf of Ohio Farmers Insurance Company
Cornrnercial Lines Service
La Florte l NArdhiglan Obj,, l lvlalpara',o M Hobart
THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME .
POWER N AND ISSUED PRIOR TO OS/031'17. FOR ANY PERSON Oft PERSONS NAMED BELOW,
General
Power
of Attorney
CERTIFIED COPY
POWER NO. 1304762 01
Westfield Insurance Co.
Westfield National Insurance Co.
Ohio Farmers Insurance Co.
Westrield Center Ohio
Know All M a Those Presents; That YWESTFIELD INSURANCE COMPANY, 'YWESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INISU E COMPANY, carporations, hereinafter referred to AindividuaOy as a "Gown�rany"' aril collectively as "Companies," duly
organized and existin under the laves of the State of Ohio, and having Its Principal alhoe in + esllield Center, Modino Counly, Ohio, do by these
ppresents awkie, const lute and a int
DANIEL D. KAMINSKI, fHEODOf�J,. TAYLOR. RONALD L. ROSEN!BAUM, PAMELA S. TERZIINO, MARSHA K. WEISS..
MELINDA K YATES, CHRISTINE A. ALLEN, CATHERINE IE; MYERS, BETHANI MORRIS, KAY14Y 0. "ENRICH, JOINTLY OR
SEVERALLY
of LA PORTE and Stale of IN its Eerie and lavifal Altorrtey(s)-#n•Facl, with full power and auttrorily hereby conferred In its name,
place and stead; to dxocvle, acknowledge and deliver any and all bonds• recognixances, undbrtakings, or ather Instruments or Contracts of
surer hi OR BANK DEP06CfOftY' BONDS. CANNOT BE USED -TO EXECUTE NOTE • GU - . - . - ..... .
LlM'rATIO�ty TtI,IS POWER OF ATTORNEY ARANTEE MORTGAGE. DEFICIENCY, MORTGAGE
and to bird oP the Cotnpan(es tl reby as fully and to rho same extent as If such Fonds were signed b the President. seated ith the corporate
ealpof thew applicable Company atiid dui attested by its-SeCr�ry, here rat nyg and txanf#rnting a1I that the Said Attorney(s)-1at•Fecl MAY 00 In
"�gE ItipU�O�h+teAY eSYlte N Ibt7Nl�blh�SdUItGOialN�whlY endI12 �E 15fBlf�iCfCMPtot�rPs't''di' each of Olt
8e ft l7esolved, trier the ProsldartL any St ni'or Executive, any 5acrotary nr any Ff f#ty Surely (7perat#on3 E'xeCutiva, or other Executive shall
be and #s her olay vested with full powW r and authttrlty io appairVl any one or more su#table persorws as Altorrway(s)4n-Fect to represent and ad for'
and an behair of the Company sub ect to the tollawrinn� Puovlslons:
The Altornoy�fn�FOcf, may� be given full poWw ar, trmaol audrorrly rear and In rho narrtet ewf atrad n belra tf of die Cornpany, to execute, acknowledge and
deriver, any and all ponds, rerxsgnixances, contracts agreaft+tints or Indemn ty and other condltlonai or obllgahary, undertakings and any�and all
notices and documents canceling or, terminating the: Corepany s liability �9,ereurider, end, any such fastrttrrtords, so executed by any 3udi
Altorrtrr)r #n•Fact shall be as ltlntling upon the :Company es If s1gr b�y ills Pras#doa and seated and auesled by the Corporate 'Secretary.
"Be wt Ftrrtkrar R wspfved, that tpo s nature rtf on such dras+gnalatl °parsolt 6 pd the sbal,of tare Cotnpan heretoforrt or hereafter affixed to any
Paawvar of attorne�t or any certificate reatin thareltt b fans#mlla and an pourer of atlarnay ar cortlf#rata Rearing (acsRnrlle signatures or facsimilew
seal shall ba vend °and tairtrllrfg open ltiti ttrtlpany wv tit rtrspact Io and and or underiallNng to° wvhlClt Nt ls• aWacired." (EaCh adopted at a meeting
bald°anFebrlt B.ZOtitl)°
In Wdfrras �r�af YWESiFIELO INSURANCE COMPAIWY, tNESTFIELO NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY crave carxsed tFaese preyants let tea signed by drelr Nallonal Surety Uiaeler and Senior Executive and their corporate seats to be hereto
affixed ibis 03rd days of MAY A.0 , 20 t7 .
Gorpoar twz �t �GA x........ 4 ,.,. W ES,TFIEI () INSURANCE COIWMI'AtwIY
Seals+r , , o° wE6"rFIEI.D VAflOihlA INSURANCE COMPANY
xed wP i r "��w (�,"''" COMPANY
Aftl OPi FARMERS INSURANCE
Ic
�ww -IV 0
"r By:
.�rro,.n.r".V"�"
State or Oltlo Dennis-P. Batts, National, uriaty, Leader and
county of Medina ss: Senior F'x6600ti .
On this 03rd day of MAY AX)', 2017 . berdrr; ana,Persopally tame Dennis P. Baus„t) me kr)ow h,'wft. being`by me duly sw06,Aid
Ile
.drat he resides In Woo3ttltr,,ohla„ flier ha.fs Nttbonal; Starer' Lioad r arid, Senior Executive or WESTFIELD INSURANCE'
Gt�MPANY, VWNr TFIELO NATIONAL INSURANCE COMPANIY and f IilfJ FARIIIpRSiIV I iR N(b COOivIf?ANY, the companies described in and which
eachereto by aC+uled that atrrtve Instrurn nt that he krtavvs� seals of said omPaatlesa,dtat the seais,affikerl to said,Instrurnent are sudi corporate SOWS; that
they were so a flwti Ity order"of Ikte Boards o Ol'rectors of salii'CamPanies aatf drat he 3lgnad hIs nawne tBice order,
f�oiarial` w *++w
Affixed A t
fixed
. David A, Kotnik, Aiiorney at, Lowy, Noiary° Public
State of Ohio rN o My iCommfsslon Does Not Expir6.( eL 147.04 Ohio Reivised Code)
Cauniy of Medina ss.: +�
I. Frank A. Carrino, 'Secretary of WWESTFIELD INSURANCE COMPANY, WESTF'IELD NATIONAL INSURANCE COMPANY and OHIO FARMER'S
INSURANCE. COMPANY, do' hereby certify that the abovb.and foregoing is a true and correct copy or a Power of Attorney, excwled by said
Co anics, vwhich Is still In full forcae and effect, and furthermore, the resolutions or the Boards of Directors, set out in lire Ptivraar of Attariway are
in roll force and arCcl
fnLWltness Whereof,�r� l77 pphave hereunto sett my hand and affixed theseals or sa-id Companies at 'W�iestfield Center, Ohio, this C� day oI
October Myyn I�2010 1"W
.0110
SEA. «�' saatvtary
r "•,
ry et"B B,: Frank'A. Carrino, Secretary.
BPOAC2 (c6mbined) (0&02)
0 �)
MULARSON
_I
IELSON
Constriction Company, Inc.
QUALM CONSTRUCTION SINCE 1908
September 24, 2019
City of South Bend
227 W. Jefferson Blvd.
South Bend, IN 46601
RE: Tax Delinquency Status
PROJECT; Centu Center Parking Lot Gateway Improvements REBID
To Whom it May Concern,
302Tyler Street • LaPorte, Indiana 46350
(219) 362-2127 • FAX (219) 362-2848
Larson Danielson Construction Company, Inc. has not had any federal, state or local tax liens or tax
delinquencies owed to any federal, state or local taxing body in the last five years.
Sincerely,
Patti O'Brien
Chief Financial Officer
NTp LARSON DANIELSON
�W
17CONSTRUCTION CO,, INC.
�
www.ldconstruction.com Equal Opportunity Employer
Larson -Danielson Construction Company —Project
Experience
List
Client:
Project:
Architect
Value:
Comp:
Allegius Credit Union
Interior Renovations @
MPA Architects
$ 241,000
2014
Burns Harbor
South Bend, IN
Burns Harbor, IN
American Renolit
Calendar # 35 Renovation
Frost Engineering &
$ 1,302,000
2018
La Porte, IN
Consulting
Mishawaka, IN
Appletree Ventures, LLC
Storage & Truck Wash
Larson -Danielson
$ 4,215,000
2018
Addition
Construction Co., Inc.
Valparaiso, IN
La Porte, IN
Axelberg Wisconsin aka General
New Plant and Office
InterActive Studio
$ 15,580,000
2018
Sheet Metal Works
South Bend, IN
Grand Rapids, MI
Axelberg Wisconsin, LLC
B & B Manufacturing
B & C Featherbone, LLC
Balfour Beatty Construction
Park Infrastructure Danch, Harner &
South Bend, IN Associates
South Bend, IN
New Plant Office
Larson -Danielson
La Porte, IN
Construction Co., Inc.
La Porte, IN
Expansion of Journeyman
DkGr, LLC
Distillery
Indianapolis, IN
Three Oaks, MI
$ 1,500,000
2016
$ 3,700,000
2016
$ 2,115,000
2016
New Children's Hospital Zimmer, Gunsul, Frasca $ 794,000 2018
BP 8A & 6B Portland, OR
South Bend, IN
Barton Malow Company
Campus Crossroads
The S/L/A/M
$ 680,000
2017
Isolation Mats
Collaborative
Remington, IN
Glastonbury, CT
Barton Malow Company
UND CC BP8B-18 East,
The S/L/A/M Collaborative
$ 2,007,000
2018
West & South Gen. Trades
Glastonbury, CT
Notre Dame, IN
Barton Malow Company
UND CC South Building
The S/L/A/M Collaborative
$ 2,800,000
2018
BP 9C — 19
Glastonbury, CT
Notre Dame, IN
Barton Malow Company
UND CC BP 13 Millwork
The S/L/A/M
So L4 Wood Ceiling
Collaborative
$ 127,000
2017
Notre Dame, IN
Glastonbury, CT
Barton Malow Company
UND BP 14 Stadium
Integrated Design
$ 1,125,000
2016
Winterization
Solutions
Norte Dame, IN
Troy, MI
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Larson- Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
Beacon Health System
Concrete/Masonry @
Zimmer, Gunsul, Frasca
$
1,490,000
2017
Memorial South Bend
Portland, OR
Energy Center Expansion
South Bend, IN
Blue Chip Casino, LLC
Natural Gas Conversion
Falk PLI Engineering
$
950,000
2015
Michigan City, IN
& Surveying
Portage, IN
Blue Chip Surgical Partners
Center for Minimally
Boulder Architects
$ 2,266,000
2014
Invasive Surgery
Boulder, CO
Munster, IN
Boeing Company
Floor Tile Replacement
Not Applicable
$
524,000
2014
Project
Chicago, IL
Boeing Company
Millwork Project
Not Applicable
$
834,000
2014
Chicago, IL
Boeing Company
Restroom Partition Project
Not Applicable
$
172,000
2014
Chicago, IL
Boeing Company
Restroom Upgrades 22nd,
Panto-Ulema
$
332,000
2015
23rd & 24th Floors
Chicago, IL
Chicago, IL
CBRE, Inc. c/o Boeing Company
Curtain Wall Modification
Klein & Hoffman, Inc.
$
993,000
2015
Chicago, IL
Chicago, IL
CBRE, Inc. c/o Boeing Company
Modifications to 1st &
Klein & Hoffman, Inc.
$
245,000
2014
16th Floor Restrooms
Chicago, IL
Chicago, IL
CBRE, Inc.
Fifth Third Bank 2"d Floor
Earles Architects &
$
185,000
2015
Renovations
Associates
Valparaiso, IN
Schererville, IN
Carisse Corns, Dr.
Growing Smiles New
Larson -Danielson
$
228,000
2014
Dental Office
Construction Co., Inc.
Valparaiso, IN
La Porte, IN
Carmeuse North America
Silo Foundation
Enspect, Inc.
$
825,000
2016
Gary, IN
Merrillville, IN
Carmeuse North America
Alt Fuel Metal Buildings
Enspect, Inc.
$
280,000
2016
Gary, IN
Merrillville, IN
Carmeuse North America
Equipment Foundations
L B & W Engineering
$
400,000
2016
Portage, IN
Allentown, PA
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Com
Carmeuse North America
Lime Terminal Foundations
Enspect, Inc.
$ 1,820,000
2016
Buffington Harbor
Merrillville, IN
Gary, IN
Carmeuse North America
Kiln Concrete at
Enspect, Inc.
$ 650,000
2014
Buffington Harbor
Merrillville, IN
Gary, IN
Carmeuse North America
Slab on Grade
Enspect, Inc.
$ 690,000
2014
Gary, IN
Merrillville, IN
Chesterton, Town of
Thomas Park Remodel
James F Giannini &
$ 260,000
2019
Chesterton, IN
Associates
Chesterton, IN
City of Hobart Redevelopment
Festival Park Gateway
Ratio Architects
$ 565,500
2014
Commissioners
Phase I
Indianapolis, IN
Hobart, IN
City of La Porte
City Hall Renovation
The Troyer Group, Inc.
$ 1,120,000
2014
La Porte, IN
Mishawaka, IN
Come About, Inc.
Redamak's Remodel
Spalding Design Group
$ 740,000
2018
(dba Redamak's)
New Buffalo, MI
Mishawaka, IN
Community Foundation of
SMMC Delivery Suite
Shive Hattery
$ 1,935,000
2018
Northwest Indiana
Remodel
Valparaiso, IN
Hobart, IN
Community Foundation of
SCH Administration
Carras-Szany-Kuhn
$ 480,000
2015
Northwest Indiana
Remodel/Addition
Associates
East Chicago, IN
Schererville, IN
Community Foundation of
TCH-MRI Suite Renovation
VOA Associates, Inc.
$ 581,400
2015
Northwest Indiana
Phase I
Highland, IN
Munster, IN
Crown Point Community
CPCSC-Multi-District
Schmidt Associates
$ 1,033,000
2018
School Corporation
Projects
Indianapolis, IN
Crown Point, IN
Crown Point Community
CPCSC District Wide
Carras-Szany-Kuhl
$ 600,000
2014
School Corporation
Security Upgrades
Schererville, IN
Crown Point, IN
Cross Pointe Christian Church
Building Additions
Larson -Danielson
$ 332,000
2016
Valparaiso, IN
Construction Co., Inc.
Valparaiso, IN
Culver Academies
Flag Pole Plaza
Larson -Danielson
$ 195,000
2017
Culver, IN
Construction Co., Inc.
La Porte, IN
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
D.A. Dodd, Inc.
HVAC Improvements @
Odle, McGuire Shook
$
250,000
2015
Boston Middle School
Architects
La Porte, IN
Indianapolis, IN
D.A. Dodd, Inc.
HVAC Improvements @
Odle, McGuire Shook
$
272,000
2015
Kesling Middle School
Architect
La Porte, IN
Indianapolis, IN
East Chicago, City of
New Community Center
Short Elliott Henderickson $ 2,505,000
2018
Site Package # 1
Appleton, WI
East Chicago, IN
East Chicago, City of
New Community Center
Short Elliott Henderickson $ 2,700,000
2019
Site Package # 2
Appleton, WI
East Chicago, IN
Eastern Pulaski Community
Eastern Pulaski
Gibraltar Design
$
4,065,000
2017
School Corporation
Elementary School
Indianapolis, IN
Winamac, IN
Eastern Pulaski Community
Bid Package # 1
Gibraltar Design
$
2,700,000
2017
School Corporation
Winamac Community
Indianapolis, IN
Middle & High Schools
Winamac, IN
Elkhart General Hospital
West Wing Vertical
Anderson Mikos
$
5,700,000
2016
Expansion
Architects
Elkhart, IN
Oak Brook, IL
Elkhart General Hospital
Tenant Improvement at
Anderson Mikos
$
1,705,000
2016
West Wing Vertical
Architects
Expansion
Oak Brook, IL
Elkhart, IN
First Source Bank
New Branch Bank
Hebard & Hebard
$ 1,370,000
2015
Valparaiso, IN
Architects
South Bend, IN
First Source Bank
New Banking Center
Hebard & Hebard
$
1,222,000
2017
North Calumet
Architects
Valparaiso, IN
South Bend, IN
First Source Bank
New Warsaw Branch Bank
Hebard & Hebard
$
2,864,000
2017
Warsaw, IN
Architects
South Bend, IN
G.E. Marshall, Inc.
Site Concrete @ Howmet
Not Applicable
$
415,000
2015
La Porte, IN
GPI, LLC
LTA Classroom Facility
GPD Group
$
503,000
2017
Kingsbury, IN
Marion, IN
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
HMS Host
Food Service Fit -Out Work
Environetics Group
$
2,323,000
2018
3N Wilbur Shaw Service
Architects
Area and 3S Knute Rockne
Englewood Cliffs, NJ
Service Area
Rolling Prairie, IN
HMS Host
Food Service Fit -Out Work
Environetics Group
$
740,000
2017
7N Ernie Pyle
Architect's P.C.
Howe, IN
Englewood Cliffs, NJ
HMS Host
Food Service Fit -Out Work
Environetics Group
$
740,000
2017
7S Gene Stratton
Architect's P.C.
Howe, IN
Englewood Cliffs, NJ
Hagerman, Inc.
VU Campus Ministries
Nagle Hartray
$
568,900
2015
Building
Chicago, IL
Valparaiso, IN
Hagerman, Inc.
VU Sorority Housing
Design Collaborative
$
886,000
2016
Valparaiso, IN
Fort Wayne, IN
Hagerman, Inc.
VU Track and Field and
DLZ Architects
$
232,800
2014
Storage Shed
Hammond, IN
Valparaiso, IN
Hammond Group, Inc.
Hammond Expanders
Larson -Danielson
$
1,066,000
2016
Renovations
Construction Co, Inc.
Hammond, IN
La Porte, IN
Hammond Redevelopment
Hammond Sports Complex
American StructurePoint
$
1,075,000
2018
Commission
Hammond, IN
Indianapolis, IN
Harbor Automotive Group, Inc.
Harbor Portage Reimage
Larson -Danielson
$
450,000
2015
Michigan City, IN
Construction Co., Inc.
La Porte, IN
Haverstock Funeral Home
Phase II Remodel
Behrens Design &
$
156,000
2015
La Porte, IN
Development
Waite Park, MN
HealthLinc
Clinic Renovation
Larson -Danielson
$
2,685,000
2018
Mishawaka, IN
Construction Co., Inc.
La Porte, IN
HealthLinc
Knox Clinic Buildout
Larson -Danielson
$
375,000
2015
Knox, IN
Construction Co., Inc.
La Porte, IN
Highland, School Town of
Highland HS/MS Athletic
Gibraltar Design
$
203,500
2018
Improvements
Indianapolis, IN
Highland, IN
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Larson -Danielson Construction Company —(Project Experience List
Client: Project: Architect: Value:
Highland, School Town of Joh nston/South ridge Gibraltar Design $ 605,000
Elementary 2017 Indianapolis, IN
Highland, School Town of
Hobart, School City of
Horizon Bank
Howmet Corp (ALCOA)
Howmet Corp (ALCOA)
Howmet Corp (ALCOA)
IBEW Local 153
ITR Concessions Company, Inc.
ITR Concessions Company, Inc.
IU Health La Porte Hospital
IU Health Starke Hospital
Izaak Walton League
Improvements
Highland, IN
Merkley & Warren
Gibraltar Design
Elementary Schools
Indianapolis, IN
Highland, IN
Hobart Middle School
Gibraltar Design
Cafeteria/Kitchen Addition
Indianapolis, IN
Hobart, IN
Horizon Bank Pine
Haas Associates
Street Parking Facility
Michigan City, IN
Michigan City, IN
Additional Work Items
Not Applicable
La Porte, IN
Howmet Casting Plant 2
Larson -Danielson
La Porte, IN
Construction Co., Inc.
La Porte, IN
Tank Pads & Platform
Not Applicable
La Porte, IN
Exterior Building
KIL Architects
Improvements
South Bend, IN
South Bend, IN
Travel Plazas Replacement
Environetics Group
3N Wilbur Shaw Service
Architects
Area at MP 56
Englewood Cliffs, NJ
3S Knute Rockne Service
Area at MP 56
Rolling Prairie, IN
M
$ 1,220,500 2018
$ 1,660,000 2018
$ 182,000 2017
$ 127,000 2016
$ 19,548,000 2016
$ 120,000 2016
$ 503,000 2018
$ 13,895,000 2018
Travel Plazas Mile
Environetics Group
$ 12,187,000 2017
Post 126 @ Howe
Architects
Howe, IN
Englewood Cliffs, NJ
Cooling Tower/
Moake Park Group, Inc.
$ 540,000 2015
Connector Link
Fort Wayne, IN
La Porte, IN
Starke Rural Health
MKM Architecture &
$ 472,000 2015
Clinic
Design
Knox, IN
Fort Wayne, IN
Concrete Foundations
Stutler Architects
$ 160,000 2018
Portage, IN
Portage, IN
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
J.G. Bowers
Starbucks Merrillville
Expressive Architecture
$
830,000
2017
Building Shell
Southfield, MI
Merrillville, IN
K3SR R/E, LLC
New Smart Toyota
Larson -Danielson
$
8,490,000
2015
Dealership
Construction Co., Inc.
Davenport, IA
La Porte, IN
Kabelin Ace Hardware
Fire Restoration Granger
Not Applicable
$
790,000
2016
Kabelin Ace Hardware
Granger, IN
Kankakee Valley School
2015 Addition & Interior
Hebard & Hebard
$
1,300,000
2016
Corporation
Renovation @ Demotte
Architects
Elementary School
South Bend, IN
Demotte, IN
Kankakee Valley School
Storm Shelter
Hebard & Hebard
$
307,100
2014
Corporation
Improvements
Architects
Wheatfield, IN
South Bend, IN
Kiewit Energy
St. Joe Energy Center
Kiewit Energy
$
2,915,000
2018
New Carlisle, IN
New Carlisle, IN
Lake Central School Corporation
Additions/Renovations
Schmidt Associates
$ 36,315,000
2016
to Lake Central HS
Indianapolis, IN
St. John, IN
Lake Central School Corporation
BP #3 Protsman
Schmidt Associates
$ 11,065,000
2015
Elementary
Indianapolis, IN
St. John, IN
Lake County Board of
Superior Court Parking Lot
Larson -Danielson
$
244,000
2014
Commissioners
Gary, IN
Construction Co., Inc.
La Porte, IN
La Porte, City of
Beechwood Renovation
RQAW Corporation
$
540,000
2018
La Porte, IN
La Porte, IN
La Porte, City of
New Street Department
Global Engineering &
$
1,278,000
2016
Facility
Land Surveying
La Porte, IN
Michigan City, IN
La Porte, City of
Plaza 618
Arkos Design
$
270,000
2016
La Porte, IN
Mishawaka, IN
La Porte Community School
2016 Boston & Kesling
Odle, McGuire Shook
$
3,300,000
2017
Corporation
Schools
Architects
La Porte, IN
Indianapolis, IN
La Porte Community School
Improvements to Kiwanis
Odle, McGuire Shook
$
1,240,000
2014
Corporation
Field
Architects
La Porte, IN
Indianapolis, IN
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Larson -Danielson Construction Company — Project Experience List
Client: Project: Architect: Value: Comp:
La Porte Community School LP CAC & Administration Odle, McGuire Shook $ 1,940,000 2014
Corporation Parking Lot Addition Architects
La Porte, IN Indianapolis, IN
La Porte Community School LPHS Performing Arts Schmidt Associates $ 636,485 2018
Corporation Center Indianapolis, IN
La Porte County Board
of Commissioners
La Porte County Board
of Commissioners
La Porte County Board
of Commissioners
La Porte County Board
of Commissioners
La Porte County Board of
Commissioners
La Porte County Public Library
La Porte County Public Library
La Porte Property 5 LLC
La Porte Urban Enterprise
Liberty Township
Lighthouse Place Premium
Outlets
La Porte, IN
La Porte County Repair
of Bridges 84, 86 & 129
La Porte County
CR 1000N Bridge
Replacement
La Porte, IN
La Porte County Repair
Bridges 97, 104 & 236
La Porte, IN
La Porte County EMS
Building
La Porte, IN
Stevens Treatment
Center Addition
La Porte, IN
Multi -Branch Project
La Porte, IN
Site Development @
Coolspring
Michigan City, IN
Culver's Restaurant
La Porte, IN
JPR Jones Petrie $ 478,000 2016
Rafinski
Elkhart, IN
Lawson -Fisher Associates $ 50,000 2015
South Bend, IN
JPR-Jones, Petrie, $ 350,000 2015
Rafinski
South Bend, IN
Gerometta & Kinel $ 828,000 2015
Chesterton, IN
R.L. Brown Construction $ 430,000 2014
La Porte, IN
TBD $ 400,000 2017
MKM Architecture &
Design
Fort Wayne, IN
Larson -Danielson
Construction Co., Inc.
La Porte, IN
Vanilla Box Remodel
Not Applicable
Demo & Carpentry
La Porte, IN
Steel Erection -EMS Facility
Pyramid Architecture/
North Liberty, IN
Engineering
Indianapolis, IN
Lighthouse Place Info
Rohn & Associates
Center
Cedar Lake, IN
Michigan City, IN
T & M Work
2017
$ 1,565,000
2016
$ 173,000
2018
$ 123,000
2016
$ 400,000 2015
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
Lutheran University Associates
VU Softball/Tennis/
Larson -Danielson
$
495,000
2015
dba Valparaiso University
Locker Rooms & Pavilion
Construction Co, Inc.
Valparaiso, IN
La Porte, IN
MAAC Foundation
Building Addition
Larson -Danielson
$
685,000
2017
Valparaiso, IN
Construction Co., Inc.
La Porte, IN
MAAC Foundation
Fire Training Facility
Larson -Danielson
$
395,000
2017
Renovation
Construction Co., Inc.
Valparaiso, IN
La Porte, IN
MSD of Boone Township
Hebron Middle School
Fanning/Howey Assoc.
$
190,000
2018
Improvements
Indianapolis, IN
Hebron, IN
Marcus Construction
Rail Receiving Foundations
Negen Architects
$
2,700,000
2016
at Hammond Potash
Cold Spring, MN
Hammond, IN
Maverick Real Estate, LLC
Maverick Trucking &
Short, Elliot, Hendrickson
$
4,500,000
2016
Service
Munster, IN
Portage, IN
Meijer, Inc.
Meijer Valparaiso # 297
Progressive AE
$
2,099,900
2018
Valparaiso, IN
Grand Rapids, MI
Meijer, Inc.
Maintenance Agreements
Not Applicable
T
& M Work
2018
Various Locations (East)
Stores # 120, 121, 127 & 128
Meijer, Inc.
Maintenance Agreements
Not Applicable
T
& M Work
2018
Various Locations (West)
Store # 149, 165, 170 & 266
Meijer, Inc.
Meijer # 152 Whitestown
Bergmann Associates
$
1,620,000
2014
c/o Rockford Construction Co.
Zionsville, IN
East Lansing, MI
Memorial Hospital and
58 Bldg. 7E Bed Tower
Creative Design Systems
$
854,000
2014
Health Systems
Conversion
South Bend, IN
South Bend, IN
Merrillville Fire Department
Administration Building
Carras-Szany-Kuhn
$
525,000
2017
Project
Schererville, IN
Merrillville, IN
Methodist Hospital
CT Scan — Southlake
VOA Associates, Inc.
$
352,000
2016
Merrillville, IN
Chicago, IL
Methodist Hospital
Sprinkler Compliance
VOA Associates, Inc.
$
4,090,000
2016
Projects-Southlake and
Chicago, IL
Northlake Campuses
Merrillville & Gary, IN
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Michigan City, City of
Cleveland Park
Global Engineering &
$ 286,000
Redevelopment
Land Surveying
Michigan City, IN
Michigan City, IN
Michigan City, City of
Michigan City Police
American
$ 10,060,000
Station
StructurePoint, Inc.
Michigan City, IN
Indianapolis, IN
Michigan City Public Library
Interior Remodel (CMC)
Product Architecture &
T & M
Michigan City, IN
Design
Chicago, IL
Miller -Davis Company
UND — North Dining Hall
Tower Pinkster
$ 1,015,000
Remodel
Kalamazoo, MI
Notre Dame, IN
Mishawaka, City of
Battell Park
DLZ Indiana, Inc.
Rosemary's Garden
South Bend, IN
Mishawaka, IN
Mishawaka, School City of
Irion's Strength &
Schmidt Associates
Conditioning Center
Indianapolis, IN
Mishawaka, IN
Monosol, LLC
Civil Work for Drop Lot &
Palm & Associates
Access Road
New Carlisle, IN
La Porte, IN
Mortenson Construction
Concrete Package for
FGM Architects, Inc..
Valparaiso University
Chicago, IL
Valparaiso, IN
Mortenson Construction
VUSH Carpentry/
FGM Architects, Inc.
Millwork @ VU
Chicago, IL
Valparaiso, IN
Neo Industries (Indiana)
Trench & Platform
Not Applicable
Portage, IN
New York Blower Company
Lab Expansion &
Larson -Danielson
Modernization
Construction Co., Inc.
La Porte, IN
La Porte, IN
North Liberty Township
EMS Building Foundations
Pyramid Architecture/
North Liberty, IN
Engineering
Indianapolis, IN
North Township Trustee
Wicker Memorial Park
Hutton and Hutton
Ridge Road Fence
Architect & Engineering
Highland, IN
Hammond, IN
2017
2017
2018
2017
$ 150,000
2018
$ 450,700
2018
$ 615,000
2016
$ 1,565,000
2014
$ 368,000
2014
$ 105,000
2015
$ 1,134,000
2014
$ 154,000
2016
$ 280,000
2017
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Larson -Danielson Construction Company — (project Experience List
Client: Protect: Architect: Value:
Northern Indiana Commuter
Dune Park Remodel 2017
DLZ Indiana, Inc.
$ 400,000
2018
Transportation District
Chesterton, IN
South Bend, IN
Northern Indiana Commuter
Michigan City
DLZ Indiana
$ 1,800,000
2017
Transportation District
Maintenance Building Infill
South Bend, IN
Michigan City, IN
Northern Indiana Commuter
NICTD Dune Park Station/
Gerometta & Kinel
$ 223,000
2016
Transportation District
Office Summer 2015
Architects
Renovation
Chesterton, IN
Chesterton, IN
Northern Indiana Commuter
Dune Park High Level
URS
$ 2,730,000
2014
Transportation District
Platform
Chicago, IL
Chesterton, IN
Northern Indiana Commuter
East Chicago Stairs
Larson -Danielson
$ 140,000
2015
Transportation District
East Chicago, IN
Construction Co., Inc.
La Porte, IN
OpCen
Centier IT Suite —
Balance Architectural
$ 1,092,000
2018
Addition & Renovations
Studio
Merrillville, IN
South Bend, IN
Performance Services
Oaklawn & Meadowlawn
Performance Services
$ 332,300
2017
Elementary School
Indianapolis, IN
Renovations
Monticello, IN
Performance Services
Additions & Remodeling
Performance Services
$ 350,000
2017
to Rolling Prairie, Olive &
Indianapolis, IN
Prairie View Elementary
Schools
New Carlisle &
Rolling Prairie, IN
Performance Services
General Trades & Concrete
Performance Services
$ 398,000
2016
Package for Misc. Reno @
Indianapolis, IN
South Central HS
Union Mills, IN
Peoples Bank
New Highland Branch
Robert Priesol
$ 826,000
2017
Highland, IN
Whiting, IN
Pepper Construction
UND-Nieuwland Hall
BSA LifeStructure
$ 320,300
2017
Notre Dame, IN
Indianapolis, IN
Portage Township Schools
Interior Remodel @
Gerometta & Kinel
$ 258,000
2014
]ones Elementary
Chesterton, IN
Portage, IN
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Larson -Danielson Construction Company — Project Experience List
Client: Project: Architect: Value: Comp:
Portage Township Schools West Renovations Alliance Architects $ 6,875,000 2018
at High School South Bend, IN
Porter County Board
of Commissioners
Porter Regional Hospital
Porter Township School
Corporation
Purdue University
Portage, IN
New Animal Shelter Larson -Danielson $ 2,728,000 2017
Valparaiso, IN Construction Co., Inc.
La Porte, IN
VOC - New Open MRI Design Organization $ 395,000 2014
Valparaiso, IN Valparaiso, IN
Porter Lakes Elementary Schmidt Associates $ 2,200,000 2017
Additions & Renovations Indianapolis, IN
Hebron, IN
Biochemistry Greenhouse MPA Architects $ 250,000 2014
Lafayette, IN South Bend, IN
Purdue University
HGRH Mist Greenhouse
MPA Architects
$
479,000
2016
Replacement
South Bend, IN
West Lafayette, IN
QSR Properties, LLC
Starbucks Coffee
DXU Architects
$
861,700
2017
La Porte, IN
Chicago, IL
Reith-Riley Construction
Michigan City 11th Street
Global Engineering &
$
71,500
2016
Rehabilitation
Land Surveying
Michigan City, IN
Michigan City, IN
Sacred Heart Catholic Church
Activity Center Addition
Dh2W Architects
$
1,140,000
2014
La Porte, IN
Michigan City, IN
Shopone Centers Reit
011ie's Fit Out
Hershman Architects Inc.
$
895,000
2018
dba DFG La Porte
La Porte, IN
Cleveland, OH
St. Mary's College
Outdoor Athletic Complex
The Collaborative, Inc.
$
2,502,000
2016
Notre Dame, IN
Toledo, OH
St. Joseph Co. Board of
PSAP Consolidated Project
DLZ Indiana, LLC
$
435,000
2015
Commissioners
BP#1 SB Police Dept. HQ
South Bend, IN
South Bend, IN
St. Joseph Regional Medical
CDU Patient Holding
VOA Associates, Inc.
$
814,000
2016
Center
Mishawaka, IN
Highland, IN
Serra Works of Schererville, LLC
Additions/Renovations
Tricarico Architect &
$
2,905,000
2017
BMW Schererville &
Design
Parking Lot Expansion
Wayne, NJ
Schererville, IN
Share Foundation
New Senior Center
James F. Giannini &
$
625,000
2017
La Porte, IN
Associates
Chesterton, IN
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
Shree Siddhivinayak, LLC
Dunkin Donuts
Jeffery A. Scott
$ 805,000
2015
La Porte, IN
Architects
Farmington, MI
Space Center, Inc.
Build Out for Plastic
Larson -Danielson
$ 150,000
2015
Packaging
Construction Co., Inc.
La Porte, IN
La Porte, IN
Sunoco, Inc.
Building Fit -Out
Cornerstone Consulting
$ 834,500
2018
3N and 3S
Allentown, PA
Sunoco, Inc.
Sunoco, Inc.
Sunoco, Inc.
Susser Petroleum
Property Co., LLC
Swanson Center
Task Force Tips
Task Force Tips
Town of Highland
Tri-County School Building
Corporation
Tyco Integrated Security
University of Notre Dame
Rolling Prairie, IN
New Building @
Cornerstone Consulting
$ 4,656,000 2018
Elkhart Toll Plazas
Allentown, PA
Elkhart, IN
Building Fit -Out
Cornerstone Consulting
$ 302,000 2017
Howe, IN @ 7N
Allentown, PA
Building Fit -Out
Cornerstone Consulting
$ 302,000 2017
Howe, IN @ 7S
Allentown, PA
Sunoco ITR Project
Cornerstone Consulting
$ 5,114,000 2017
North and South Plaza's
Engineers
Portage, IN
Allentown, PA
New Facility Renovation Gerometta & Kinel
Michigan City, IN Chesterton, IN
New Mezzanine
Larson -Danielson
Valparaiso, IN
Construction Co., Inc.
La Porte, IN
New Loading Dock Canopy
Larson -Danielson
Valparaiso, IN
Construction Co., Inc.
La Porte, IN
Public Safety Facility BP#2
Wilson Estes Police
Highland, IN
Architects
Kansas City, MO
Tri-County Intermediate
Gibraltar Design
School 2016 Improvements
Indianapolis, IN
Wolcott, IN
LP Schools Security
Odle, McGuire Shook
Access Controls
Architects
La Porte, IN
Indianapolis, IN
Ash Silo Foundation
Ka rges-Fau Icon bridge
Notre Dame, IN
St. Paul, MN
$ 1,960,000 2015
$ 155,000 2018
$ 141,500 2015
$ 3,552,000 2016
$ 892,000 2017
$ 125,000 2016
$ 138,000 2015
L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List
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Larson -Danielson Construction Company — Project Experience List
Client:
project:
Architect:
Value:
Comp:
University of Notre Dame
Additions & Renovations
Arkos Design
$
1,389,000
2018
to Badin Hall
Mishawaka, IN
General Trades
Notre Dame, IN
University of Notre Dame
Brownson Hall Stair
DLZ Indiana
$
93,000
2014
Improvements
South Bend, IN
Notre Dame, IN
University of Notre Dame
Cooling Tower 6 & 7
Ka rges-Fa u Icon bridge
$
1,075,000
2017
Replacement
St. Paul, MN
Notre Dame, IN
University of Notre Dame
DeBartolo Center
Alliance Architects
$
105,000
2014
Barrier Removal
South Bend, IN
Notre Dame, IN
University of Notre Dame
Flanner Hall Elevator
Arkos Design
$
72,000
2016
Renovation
Mishawaka, IN
Notre Dame, IN
University of Notre Dame
Grace Hall Elevator
Arkos Design
$
72,000
2017
Notre Dame, IN
Mishawaka, IN
University of Notre Dame
Giovanini Commons &
Alliance Architects
$
1,085,000
2018
Stayer Center
South Bend, IN
Notre Dame, IN
University of Notre Dame
Hesburgh Library North
Arkos Design
$
280,000
2016
Entrance Plaza & Quad
Mishawaka, IN
Notre Dame, IN
University of Notre Dame
Landscape Service Building
Alliance Architects
$
272,000
2018
Interior Renovation
South Bend, IN
Notre Dame, IN
University of Notre Dame
Landscape Service
Larson -Danielson
$
106,000
2017
Storage Building
Construction Co, Inc.
Notre Dame, IN
La Porte, IN
University of Notre Dame
University of Notre Dame
University of Notre Dame
Morris Inn Interior
Renovations
Notre Dame, IN
Residence Halls Railing
Improvements
Notre Dame, IN
Ricci Field Support
Building
Notre Dame, IN
Alliance Architects
South Bend, IN
$ 374,000 2015
Arkos Architects $ 192,000 2014
Mishawaka, IN
Then Design Architecture $ 685,000 2018
Willoughby, OH
L:\Filing System\Office\FORMS\Estimating Assistant Forms\Bid Forms\STATEMENT OF QUALIFICATIONS\A305 Past 5 Years Project Experience List
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Larson -Danielson Construction Company — Project Experience List
Client:
Project:
Architect:
Value:
Comp:
Valparaiso Community Schools
Additions and Renovations
Gibraltar Design
$
4,415,000
2018
To Memorial Elementary
Indianapolis, IN
School
Valparaiso, IN
Valparaiso Community Schools
Cooks Corner and
Gibraltar Design
$
4,685,000
2018
Memorial Elementary
Indianapolis, IN
New Gym and Stage
Valparaiso, IN
Valparaiso Community Schools
Porter County Career &
Gibraltar Design
$
2,008,000
2018
Tech Center
Indianapolis, IN
Valparaiso, IN
Valparaiso University
Campus Improvements
Shive Hattery
$
1,098,000
2018
Phase I
Bloomington, IL
Valparaiso, IN
Valparaiso University
VU Chapel/Kretzmann
Abonmarche
$
259,500
2017
Sidewalk Access Project 2
Valparaiso, IN
Valparaiso, IN
Valparaiso University
VU Mueller Hall Renovation
Moake Park Group
$
450,000
2016
Valparaiso, IN
Fort Wayne, IN
Van Rensselaer School
Renovations to Van
LWC, Inc.
$
560,200
2014
Corporation
Elementary & Gym
Richmond, IN
HVAC at High School
Rensselaer, IN
Von Tobel Lumber Company
Emergency Structural
Keeler -Webb Associates
$
306,000
2015
Rebuild
Carmel, IN
Schererville, IN
Wal-Mart Stores, Inc.
Remodel Michigan City
Harrison, French &
$
476,000
2016
Store # 1487-213
Associates
Michigan City, IN
Bentonville, AR
West Talmer NJ, LLC
New Medical Clinic
MKM Architecture & Design
$ 1,002,000
North Judson, IN
Fort Wayne, IN
Whiting, City of
Sheridan Outdoor Plaza
Context & Design
$
580,000
2016
Phase 01
Fortville, IN
Whiting, IN
Woodruff & Sons, Inc.
Thomas Rose Industrial
Haas & Associates
$
53,000
2016
Park Signs
Michigan City, IN
La Porte, IN
ZTKL, LLC
New Clinic
Larson -Danielson
$
2,883,230
2014
Valparaiso, IN
Construction Co., Inc.
La Porte, IN
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