COLLECTIVE BARGAINING AGREEMENT MICHIANA BUILDERS ASSOCIATION, INC.

Transcription

1 COLLECTIVE BARGAINING AGREEMENT by and between INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL UNION 150 AFL-CIO and MICHIANA BUILDERS ASSOCIATION, INC. Effective June 1, 2017 Through May 31, 2020

2 Article I Section 1 - Policy...4 Section 2 Management Rights...4 Article II Exclusions...4 Article III Section 1 - Bargaining Unit...4 Section 2 - Recognition...4 Section 3 - Scope of Work...5 Section 4 - Territorial Scope...5 Section 5 - Union Shop...5 Article IV Section 1 - Work Day and Work Week...5 Section 2 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 Required to Work during Call-Off...7 Section 5 - Shift Work...7 Section 6 - Changing From One Machine to Another...8 Section 7 Machinery Operation (A)...8 (B)...9 (C) Hydraulic Backhoes or Similar Type Machines...9 Section 8 - Duties of Oiler and/or Apprentice...9 Section 9 - Small Equipment Assignment...9 Section 10 - Electric Submersible Pumps...9 Section 11 - Repair Work Shop and Job Site...9 Section 12 - Preparing Equipment...9 Section 13 - Shelter Section 14 - Transportation Section 15 - Confinement of Work Section 16 - Severance Pay Section 17 - Wage Payment - Pay Day Section 18 - Job Conference Section 19 - Leaving Job Section 20 - New and Unlisted Equipment Section 21 - Mechanics Section 22 - Idle Time Article V Section 1 - Jurisdictional Disputes Section 2 - Sub Contractor Section 3 - Insurance Coverage Section 4 - Insurance Safety Sanitation Section 5 - Occupational Injury Section 6 - Access to Premises Section 7 - Hiring Section 8 Penalty Pension, Vacation Savings, Health & Welfare, Apprenticeship Training, Construction Industry Research and Service Trust Funds and Employee Check Off (A) Penalty (B) Penalty Grievance Award Settlement (C) (D) Legitimate Picket line Section 9 - Bonding of Employer Section 10 - Job Steward Section 11 - Discharge Section 12 - Regular Assigned Engineers

3 Section 13 - Long Boom Pay Section 14 - Capacity Pay Section 15 - Augers and Drill Rigs Section 16 - Tunnel, Shaft and Enclosed Underground Section 17 - Concrete Conveyor Systems Section 18 - Creter Cranes Section 19 - Truck Mounted Concrete Pumps Section 20 - Helicopters Section 21 - Bobcats Section 22 - Forklifts Section 23 Self-Erecting Tower Cranes Section 24 Craft Foreman and/or Master Mechanic Article VI Section 1 - Wage Rates and Fringe Benefits Section 2 - Wages and Fringe Benefits for Apprentices in all Counties Article VII Section 1 (A) Welfare Fund (B) Retiree Medical Savings Plan Section 2 (A) Pension Fund Section 3 - Vacation Fund Section 4 - Apprenticeship and Skill Improvement Fund Section 5 - Industry Advancement Fund Section 6 Employee Check-Off (A) Dues Check Off (B) Local 150 Federal PAC Check-Off Section 7 - Construction Industry Research & Service Trust Fund Article VIII Section 1 - Grievance and Arbitration Section 2 - Jurisdictional Award Article IX Section 1 - Affirmative Action Section 2 - No Discrimination Article X Section 1 - Savings Clause Section 2 - Uniformity Article XI Credit Union Deductions Article XII Entire Agreement of the Parties Article XIII Agency Article XIII Effective Termination Dates and Notification Competition Committee Building and Construction Resource Center Inc Drug/Alcohol Program

4 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. 4

5 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. 5

6 (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 (7 1/2) 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 (7 1/2) 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 at the designated starting time, as set forth in this Article. However, employees may be 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, that he will not work that 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 6

7 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 FOURTH OF JULY THANKSGIVING DAY CHRISTMAS DAY MEMORIAL DAY LABOR DAY DAY AFTER THANKSGIVING 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. 7

8 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 8

9 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 job 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 report to 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 9

10 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 10

11 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 at the 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. 11

12 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. 12

13 (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 by the Union from among the members of the Bargaining Unit employed at the 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. 13

14 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 14

15 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 6/1/17 6/1/18 6/1/19 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 WAGE RATES 6/1/17 6/1/18 6/1/19 Craft Foreman $30.05 $30.45 $30.85 Ass't Craft Foreman $29.55 $29.95 $30.35 CLASS I 6/1/17 6/1/18 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 15

16 *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 HYDRAULIC CRANE $2.00 ABOVE CLASS I $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 6/1/17 6/1/18 6/1/19 $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 16