Bricklayers & Allied Craftworkers Local Union # 5 of Tennessee

Transcription

1 Bricklayers & Allied Craftworkers Local Union # 5 of Tennessee COLLECTIVE BARGAINING AGREEMENT Article I PREAMBLE This Agreement made and entered into this day of, 2011, by and between Jenkins Masonry Inc., hereinafter called the CONTRACTOR, and Bricklayers and Allied Craftworkers Local Union No. 5 of Tennessee, affiliated with the International Union of Bricklayers and Allied Craftworkers, hereinafter called the UNION. This Agreement contains all the citations agreed upon and effective between the CONTRACTOR and the UNION, except as herein below set forth. No agent or representative of either party has the authority, individually, to alter or to modify the Agreement. Any modification of the Agreement shall be made only by the mutual consent of both parties in writing. Article II MANAGEMENT RECOGNITION Except as otherwise provided herein, the CONTRACTOR shall have the right to hire, to fire for just cause, to direct the working force, and to manage their business in accordance with their judgment. Article III UNION RECOGNITION The Employer hereby recognizes and acknowledges that the Union is the exclusive representative of all of its employees in the job classifications falling within the jurisdiction of the Union, as defined in Article IV of this Agreement.

2 Article IV JURISDICTION The work jurisdiction by this Agreement when performed by the Employer shall include that work which has been historically, traditionally or contractually assigned to members of the International Union of Bricklayers and Allied Craftworkers. Article V AREA OF COVERAGE This contract shall apply in the following counties in Tennessee: Bledsoe Marion Roane Bradley Meigs Sequatchie Franklin McMinn Van Buren Grundy Polk Hamilton Rhea North Carolina: Cherokee Clay Alabama: The Northern part of Jackson County lying north of a line at the Northern city limits of Stevenson and extending from the Western boundary of Jackson County to the Western boundary of Dade County; Georgia. Georgia: Dade, Towns, Union and Northern parts of Walker and Catoosa County, that being all North of a line from the Southernmost tip of Dade County to the intersection of Highway 143 where it meets Highway 27 North of LaFayette, Georgia: from there on a line parallel to the Tennessee-Georgia State Line to Highway 151 and the North following Highway 151 to Ringgold, Georgia; then follow Highway 2 to the Catoosa- Whitfield County Line North to the Tennessee Line. Article VI OTHER AGREEMENTS No agreement made by any other group of Employees and/or Union shall in any way affect or supercede or change this Agreement. Article VII KEY MEN (1) A minimum number of key men such as foremen or superintendents transferred from one locality to another by the employer may exercise their proper functions without opposition from the local Union or the International Union.

3 (2) The Employer shall have the right to determine the competency and qualifications of men and the right to hire or not to hire accordingly. (3) The selection of applicants for jobs shall be on a non-discriminatory basis and shall not be based upon or in any way affected by union membership, bylaws, rules, regulations, constitutional provisions or any other aspect or obligations of union membership, policies or requirements. (4) The Union and the Employer shall post in places where their notices to employees and applicants for employment are customarily posted, the provisions relating to the functioning of the hiring arrangement set forth above. (5) Foremen's Rate: Foremen shall receive $1.00 above journeyman's rate regardless of the number of mechanics or apprentices supervised. (6) General Foreman Rate: General Foremen shall receive $1.50 above Journeyman s when he has two or more foreman under him and as many as 25 or more bricklayers and other members of Local #5 under him. Article VIII WAGES (1) Hourly Wage Rates: The hourly rates herein shall apply to all trade classifications belonging to Bricklayers and Allied Craftworkers Local #5. (2) Hourly Wage Rates: Employees in any trade classification included within the jurisdiction of the Union and area of coverage as defined in Articles 4 and 5 Of this Agreement shall be paid a base hourly wage of at least the amount set forth below. In addition, for each hour paid, the Employer shall contribute to the Masonry Institute of Tennessee, and the working assessment amounts set forth below: May 1, 2011 Total Wage Package $ Bricklayer s Int l Pension $ 1.50 IU Pension PPA $.23 Masonry Institute of Tennessee $.05 Optional 401K Plan Base Wage $ International Dues Check Off $.26 Local Dues Check Off $.38 $ 23.65

4 There will be no contributions to the Apprenticeship Fund at this time. (3) Improvers & Apprentice Rate: Apprentices shall be paid as minimum wage the following percentages of a Bricklayer's base hourly rate as stated in Section 2 above, plus the same amount of Retirement benefits per hour as the bricklayer: 1 st 6 months -- 55% 4th 6 months -- 70% 2nd 6 months -- 60% 5th 6 months -- 80% 3rd 6 months -- 65% 6th 6 months -- 90% (4) For the purpose of this Article, each hour paid for, including hours attributable to show-up time, and all other hours for which pay is received by the employee, in accordance with this Agreement, shall be counted as hours for which contributions repayable to each fund designated in Section I of this Article, but hours worked at a premium rate of pay shall not affect the rate of hourly contribution to these funds. (5) Contributions shall be paid on behalf of all covered employees starting with the employee's first day of employment in a job classification covered by this Agreement. Article IX JOINTLY TRUSTED FUNDS Section 1. In addition to the wages and other payments herein provided for, the EMPLOYER agrees, beginning on May 1, 1996, and for the duration of the Agreement and for any renewals or extensions thereto, to pay the specified contributions to the following designated funds. Masonry Institute of Tennessee LOCAL/REGIONAL PROMOTION FUND (1) The contribution to the Masonry Institute of Tennessee shall be a total of Five Cents.05 for each hour or portion thereof, for which a covered employee receives pay. (2) The payments required above shall be made to the Masonry Institute of Tennessee, which was established under an Agreement and Declaration of Trust, dated 12/1/81.

5 Optional 401K Plans Section 1 The Employer hereby agrees to participate in BAC SAVE The Bricklayers and Trowel Trades International Retirement Savings Plan (the Plan) on behalf of all employees represented for purposes of collective bargaining under this Agreement and other employees as permitted under this plan. Section 2 Effective May 1, 1998, the Employer will make or cause to be made pre-tax payroll deductions from participating employees wages, in accordance with each employee s salary deferral election, subject to compliance with ERISA and the relevant tax code provisions. The Employer will forward the withheld sum to Bricklayers & Trowel Trades International Pension Plan or its successors at such time, and in such form and manner as required pursuant to the Plan and Declaration of Trust and requirements of law. Each employee shall have the opportunity to change the amount of wages so deferred at intervals specified in the Plan and Declaration of Trust. CONTRACT CLAUSE FOR WORKING DUES CHECK-OFF Section 1 The Employer shall deduct from the wages of each employee who has singed a dues check-off authorization conforming to federal law, and transmit monthly to the Union (or to any agency designated by said Union for collection of said money), the sum for each hour paid which the Union has specified, or specifies from time to time and so advises the Employer in writing, as the portion of each employee's Union dues to said Union, to its International Union, or to any other affiliate of the International Union, subject to check-off. The sums transmitted shall be accompanied by a statement, in a form specified by the Union, reporting the name of each person whose dues are being paid and the number of hours each employee has been paid. Section 2 The EMPLOYER hereby agree to be bound by any and to the above stated Agreements and Declarations of Trusts, as though he had actually signed the individual documents and further agrees to be bound by all actions taken by the Trustees of these funds pursuant to said Agreements and Declarations of Trusts. Section 3 If the EMPLOYER fails to make any contribution specified in this Article, within twenty (20) days after the date required by, the Trustees, and Union shall have the right to take whatever steps are necessary, including the withdrawal of manpower, to secure compliance with this Agreement, and other provision hereof to the contrary notwithstanding, and the EMPLOYER shall he liable for all costs for collection of payments due together with attorney's fees and such liquidated damages as may be assessed by the Trustees. The EMPLOYERS' liability for payment under this Article shall not be subject to or covered by any grievance or arbitration procedure or any "no strike" clause, which may be provided for as set forth elsewhere in this Agreement. Section 4 The EMPLOYER hereby irrevocably designates as its representative on the above stated Boards of Trustees such Trustees as are now serving, or who will in the future serve, as Employer Trustees, together with their successors.

6 Section 5 For the purpose of this Article, each hour paid for, including hours attributable to show-up time, and all other hours for which pay is received by the employee, in accordance with this Agreement, shall be counted as hours for which contributions are payable to each fund designated in Section I of this Article. Section 6 All contributions shall be made at a time and in such a manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the time books, payroll and rate records of the EMPLOYER for the purpose of determining the accuracy of contributions to the funds designated in Section I of this Article. Article X WORKING RULES (1) Hours of Work and Overtime Pay: Eight (8) hours shall constitute a day's work between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. All work performed beyond eight (8) hours per day or before 7:00 a.m. or after 5:00 p.m. shall be paid for at one and one-half times (1 1/2) the regular rate, first eight (8) hours on Saturday at time and one-half. All work after hours on Saturday, all Sundays and Holidays shall be paid for at Double (2X) the regular rate of pay, except for shift work where (2) or more shifts are employed. Shift work is as follows: Three Shift: First shift shall remain on the job for 8 1/2 hours, be paid for 8 hours work; second shift shall remain on the job for 8 hours, be paid for 8 hours for 7 1/2 hours work; third shift shall remain on the job 7 1/2 Hours, be paid for 8 hours for 7 hours work. Two twelve-hour shifts: First shift shall remain on the job for 12 1/2 Hours, be paid for 8 hours straight time and 4 hours at time and one-half; second shift shall remain in the job for 11 1/2 hours, be paid for 8 hours straight time and 4 hours at time and one-half for 11 hours work. Two ten-hour shifts: First shift shall remain on the job for 10 1/2 hours, be paid for 8 hours straight time and two hours at time and one-half; second shift shall remain on the job 10 hours, be paid for 8 hours straight time and 2 hours at time and one-half for all 9 1/2 hours work. Upon written request by the Contractor of the Union, the parties agree that the hours of work may be modified to adjust for Day-light Saving Time. Makeup time shall be used on Saturday for the full year at a rate of straight time. Anything over 40 hours will be paid at time and one-half (1 1/2). Time taken for Holidays will not be counted.

7 (2) Payday: Friday, not later than fifteen (15) minutes after regular quitting time, shall be payday. If any man is kept waiting for his money longer than the regular quitting time, plus the fifteen (15) minutes noted above, he shall be paid double time for the remainder of his waiting time. Not more that five (5) days pay may be held back in order to give the employer time to make up his payroll. Masons shall be paid in cash or by check. (3) Holidays: The Holidays to be observed by all personnel covered by this Agreement shall be: New Years Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. When either of these Holidays falls upon Sunday, the following Monday shall be observed as a Holiday. If a Holiday falls on Saturday, the previous Friday shall be observed. Overtime wages shall be paid for all hours worked on Holidays. (4) Drinking Water: Employers shall furnish drinking water and sanitary cups on their respective jobs - ice water from April 15 to October 1. (5) Bonding: No mason may work on commercial, industrial, and institutional jobs unless the employer shall have furnished the Trustees of the various Trustees of the various fringe benefit funds with a surety bond guaranteeing payment of all fringe benefits as listed above. The bond shall be in a n amount equal to the highest amount owed by the employer the various Trust Funds at any one time during the preceding three (3) years, but not less that five thousand dollars ($ ). This provision shall become effective as soon as practicable, but not later than November 29,1984, except that an employer beginning business or a contractor from outside the jurisdiction shall have two (2) weeks to furnish the Surety Bond. The Surety Bond shall be in the same form as attached herewith. (6) Foremen: On jobs where two or more journeymen and apprentices are working, one of the journeymen shall act as foreman and shall be paid at the foreman's rate of pay. If five or more masons or apprentices are employed on a job, the foreman shall not be required to work with his tools. (7) Maximum Heights of Laying Materials: A mason shall not be required to lay materials over forty-eight (48) inches above his feet except where topping out walls, not to exceed six (6) feet, or under a structural system above. (8) Licenses, Taxes and Insurance of Employers: No employer, person or company shall be permitted to contract any job without having first purchased the minimum privilege license in the city, county, or state in which he is to perform the contract. If he employs others, he shall obtain a Federal Tax Number, and collect from said employee or employees, report and pay into the respective Government Agencies, such as Federal Income Taxes and Social Security Taxes as are required to be collected from employees, or paid by employers. If he employs more than four people, he shall be required to maintain Workmen's Compensation and Public Liability Insurance. He shall also be required to pay State Unemployment Insurance if his employees work the number of days in the

8 number of weeks required for eligibility. (9) Safety: It shall be the duty of the foreman and job steward to see that all scaffolding is safely constructed and that all parts of the job affecting the well being of the bricklayers and their helpers are maintained in safe condition. It shall be the duty of the employer to see that equipment in good condition is sent to each job, and to see that foremen and stewards are informed and cautioned in the use of any new equipment or materials which may present any unusual hazards in their use. (10) Employee's Responsibility: A workman shall perform a fair and honest day's work. There shall be no limit on production of workmen or restriction on the full use of proper tools or equipment. (11) Break Time: Break Time: All employees covered by this agreement will be permitted ten (10) minute refreshment breaks twice each shift. Employees will remain in their work area while observing their break by having one member of their crew acquire the refreshments whenever practical. Article XI GENERAL UNDERSTANDING The UNION agrees to cooperate with the EMPLOYER in meeting conditions peculiar to the job on which it may be engaged. It will at all times meet and confer with the EMPLOYER, and similarly, the EMPLOYER will at all times meet and confer with the UNION respecting any questions or misunderstandings that may arise under the performance of this Agreement. Article XII ALCOHOL DRUG TESTING The Company has the right to require an employee to submit to a drug or alcohol test under the following circumstances: a) The Company has just cause to believe that the employee is under the influence of drugs or alcohol. b) The employee has suffered an injury while at work and it appears that the employee's negligence was the cause of the accident.

9 c) The employee who is requested to submit to a drug or alcohol test shall do so. Failure to submit to a drug or alcohol test when requested shall be cause for immediate discharge. d) An employee shall submit to a test requiring blood and/or specimens, or to a breath analyzer, whichever is appropriate. e) An initial drug screen, which shows the presence of drugs, shall be confirmed by means of a gas chromatography/mass spectrometry technique (GC/MS). f) A positive reading after GC/MS confirmation shall constitute grounds for immediate discharge. The Company shall pay for all testing. Article XIII ARBITRATION All questions of interpretation, misunderstanding or dispute between the EMPLOYER and the UNION which cannot be settled by the parties involved shall be referred to the Arbitration Board of another signatory Contractor, a Union representative and an independent arbitrator to be approved by both parties and their decision shall be binding, and during this arbitration period, there shall be no stoppage of work. Article XIV SAVINGS CLAUSE The parties hereto agree that any provisions in this Agreement, which are not or hereinafter may be in contravention of the National Labor Relations Act, as amended, hereby are declared null and void. Should any clause or provision of this Agreement be declared or determined to be illegal, or in conflict with any National Law or Federal Regulation covering the business of the EMPLOYER or the UNION, or in conflict with any law or regulation of any States of the United States covering the business of the EMPLOYER or the UNION, in any such event, both parties agree that they shall meet immediately for the purpose of working our a clause or provision that shall be in complete compliance with such law or regulation.

10 Article XV DURATION OF AGREEMENT This Agreement shall be effective on the first (1st) day of May, 2011, and shall remain in full force and effect from that date until the thirtieth (30th) day of April 2012, and shall continue in full force and effect from year to year thereafter unless written notice of a desire to negotiate any change is given by either party, not less than sixty (60) days prior to expiration date of this Agreement or the expiration of any renewal period. Either party giving sixty (60) days notice in writing may negotiate changes in working rules at any time. This will then be handled through the Arbitration Board. IN WITNESS THEREOF, the duly authorized representative of the parties hereto have caused their names to be subscribed this day of, Bricklayers & Allied Craftworkers Local No. 5 Tennessee Title Date Company: Title Date