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Sutton 4. Should an Employer fall or refuse to provide the required surety band, when
<br />such 6 demanded by the Union, or should an Employ¢ fail to keep a bond in efftd at all
<br />times said Employ$ is required to bavo one, the Union shall have the light to *Ike
<br />and/or plckei after notica, and use all other legal mdlor oconotn€e means to cause the
<br />Employarta comply with this Article.
<br />ARTICLE XXXIII
<br />NO STILIKE CLAUSE
<br />During the term of this Agecari thdo shall be no lockouts by the Employer and no
<br />strikes, pldwgn$ work stoppages, slow dolws or other disruptive activity for any reason
<br />by the Union or by any Employee. Failure of the Union or Employees to ernes any picket
<br />lime at the EmploWs project site is a violation of this Article.
<br />The Union shall not enaction, aid or abet, encourage or couthrue any work stoppage,
<br />sbgre, picketing or other diiruptivo activity whieh violates thin Article and shall
<br />undertake all reasonable means to pprraavveat or W tta'rnlnen, any such activity. No Employee
<br />ahati eagpge In activity which viaiates thsa Article, Any Employee who participates in or
<br />cocourage, any aedv€ty which violates this Article shah be subject to d€scipEnsryac60%
<br />subject to the geievaucapmcedum
<br />The Union said its prindpal offices will €mmcd€ately instruct, order and use Its beat
<br />efforts to cause its members to Mae any violxt€on of this Artica
<br />If the Union initiates, participates ice, err supports a work stoppage, strike, Pickedng or
<br />other disruptive activity in vloletion of this Article, the Epmployer may pursue all legal
<br />end ndministrative remedies and say damages available thereto related to the Unioes
<br />;oblation ofthis Article.
<br />This Article does not apply with regarda.to callecthm of del€nquent fringe benefits.
<br />ARTICLE XXXIV
<br />APPREI'MCES
<br />Section 1. New Applicants for employment with a signatory eoatraetor who have
<br />fewer than 4,000 hears of experience as a Constmction Coati Laborer (or sltemafively,
<br />earmat demonstrate equivalent 06W by achiavhmg a satisfactory seem in a placecuenl
<br />examination administered by the joint Appreat€oesblP and Training Committee (IATC),
<br />shall, whenever practical, enter and be allowed 10 enter the Apprealioeeldp program an a
<br />non-discriminatory baste in accordance with the terms of the Apprentimabip Program.
<br />Any person enlsring, but failing to maintain and complete his or her sppmaliaship, shall
<br />rot be employed by the Employer as a Jourmeyworker under Ode Agreement. The MUM
<br />of any Apprendee to maintain his m her apprenticeship status shalt obligate the Employer
<br />to discharge such person upon notice fmm the Unlam.
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<br />Employer. If aveitshle, the Union aball refer that individual.
<br />Sudan 10, The Union agrees to bold harmless and to indemnify any Employer is any
<br />claim olsimg out of the Unlon`s referral rolotpractiecs or the Unioa'a or IATC's
<br />administration oftheApprenticeshipProgram.
<br />ARTICLE XXXV
<br />SUBSTANCE A13USE TESTING
<br />Seciou 1, Recognizing thatpmjxt owners, 80vemmmtregulation,e, and other
<br />external pressures often asoassitata substance abuse taring, the Paedea mutually agree to
<br />huplament the substance abuse progwm("SAT Progranr'l and perform substance abuse
<br />testing in accordance with ducSAT program attached horde as ExIaNt A,
<br />Secant, 2. Each Employs part' to this coAective bargaining agreement age to Pay
<br />the SAT Pmgam $.03ftur 0 cents per hour) for each hour worked by eacb Employee
<br />working under this Agreement. The eonhibotlom to the SAT Program will be deposited
<br />each month, or at such other regular intervals as rally be determined by the ICI.LRD
<br />sA �trtpotma
<br />ed our such farms as y be designated b Aso Anc1e contributionsicontributionstd n,
<br />aallbe
<br />Section 3. Ee& Employer Party to this enllect€vo bargaining agreement agrees that a
<br />representative designated by the Association abal€ be pemtitted, upon inquest, to audit the
<br />payroll records of the Employer to determine compliance with this Article in the evtat a
<br />lawsuit Is commenced to tallest any delimpancies, ad a delinquency is determined due
<br />the the Employe agar to be rerpoeustbla fat, Dad to pay, all expenses and costs of
<br />collecting such delinquency including aftomey's fees Incurred by the Aasaciadoa in
<br />purmlt and u9ccdon of ankh dvIh*e mcy.
<br />gulden 4. R Is expressly agreed and understood that to Employee, Employer, or union
<br />has any varied or proprietary €ntwed in or right to arty maiden constituting a part Of such
<br />Subnance Abuso Testing Program.
<br />liecdom 5, no costa of One tests associated with this program will be paid irDm the
<br />contributions identified in Sedan 21n nuoi4aacowith da terms of the SAT Program.
<br />HXHffif1.A
<br />SUBSTANCE ABUSE TESTING PROGRAM
<br />L POLICY STATEMB,NT. All signatory Employers to this Agreement and the
<br />Union have a commitment to protect people and property, and to provide a safe
<br />working rmircamem, no purpose of the following program is to establish and
<br />maintahm a drug five, alcohol tiu, safe, healthy work environment for all Of its
<br />Employees covered by this Agreement.
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<br />Section 2. T1w Apprenticeship and Training Sra 14* approved by the Federal Blown
<br />of Apptent€oadlip and Twining or State Appmaduship Committee arc hereby
<br />taoorporarod ha tin by rafetealoe and made pat of this Agreement.
<br />Sacaon3. TheApprenticewagerotes:
<br />Hamofcredii WagoRsto
<br />1'rad 0-1000hum 75%ofjoumeyworkuTate
<br />nnaett'm
<br />2: pei€ud 1001.2000haora 95%ofJoumeyworkerrate
<br />3iepelod 2001-SWOhours 90%ofJomneyworkerrata
<br />4mperind 30014000 hours 95%ofjoumcywadrerrato
<br />Section 4. The requirements for entry into the Apprenticeship progam shall be controlled
<br />by the JATC, which absU "Vloy appropriate taeling and eereeming proudmcs. An
<br />Apprentice advances form sae houraof credit and wage -rate category to adathtr only
<br />upon determination of satisfactory performance by the JATC, pursuant to rognirementa
<br />specified in the Apprenticeship Program which shall have the authority to grant
<br />sooelerated credit where waranted by the pttfomumceof an indiv€dualApprooRce.
<br />Sutton S. Except as provided in Section 9, the Employer sholl participate in the
<br />Apprenticeship Program by considering Apprentices for employment upon refmal by the
<br />Union, The Employer shall have the sale tight to redba, at Bay time, any Apprentice
<br />referred to it, or worldpg far it. 'Ike Employeris rat obhgiated to eccxpt more than om
<br />(I) Apprentice far every five (5) i6umeyworkas commencing with the sixth Laboer
<br />needed by the Employer. Tide an shall be m6wrsd an a company wide basis, and
<br />does we repdte an Employer to have a sixth Laborer, if only five am needed, as
<br />determined by the.Employer.
<br />Sudan 6. The Employer may not employ an Apprentice until at ]cast one (I)
<br />joumeywurkar is employed and thereafter may not employ rams than one (1) Apprentice
<br />for every additional three (3) Joumeywoikers.
<br />Section 7. An Apprentice should, whenever practical, be rotated by the Employer through
<br />dificTent types ofwork so as to became trained in a variety ofaperaflons and walk Wit.
<br />where the Employer Is unable to provide an Apptntice with experience in the full range
<br />of craft i kilb, the JATC may request the Local Union to reassign the Apprentice to other
<br />employment in order to provide that experience. Per so long as the Employer is able to
<br />pxpvide the necel ry range of employment experence, the Employer may choose to
<br />retain the Apprentice from Job to job. Upon request the Employer will €nfon , the )ATC
<br />and Local Union of an Apprentice'sjob reaselglnmanrs on is project.
<br />Section 8, An Apprentla shell not be panelized for taking off from work to attend
<br />offaile tra€ning (though lime off fartrainhmg iaunpaid).
<br />Sudan 9. Notwithstanding the provis€ans of Section 5, the Employs' easy call Of '
<br />Union for an €adividuat by name, provided he or she is not then employed by another
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<br />COLLECTIVE BARGAINING AGREEMENT
<br />SYAND BfjiVM
<br />INTERNATIONAL UNION of opERAT1NG F.NGINEFI(S
<br />LOCAL 150, AFL-CIo
<br />AND
<br />TOCIIt COUNTY HIGHWAY CONTRACTORS GROUP
<br />EFFECrME
<br />MAY 1, 2017
<br />Tmour"
<br />APRIL 30, 2022
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