AGREEMENT BETWEEN LOCAL UNION #347 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AND THE

Transcription

1 AGREEMENT BETWEEN LOCAL UNION #347 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS AND THE DES MOINES DIVISION, IOWA CHAPTER NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION June 1, May 31, 2014 Version 2.7

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3 AGREEMENT Agreement by and between the Des Moines Division, Iowa Chapter, National Electrical Contractors Associations and Local Union #347, International Brotherhood of Electrical Workers. It shall apply to all firms who sign a letter of assent to be bound by the terms of this Agreement. As used hereinafter in this Agreement, the term "Chapter" shall mean the Des Moines Division, Iowa Chapter, National Electrical Contractors Association, and the term "Union" shall mean Local Union #347, International Brotherhood of Electrical Workers. The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement. BASIC PRINCIPLES The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in Industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational, commonsense methods. Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: Version 2.7 3

4 ARTICLE I STANDARD CIR EFFECTIVE DATE/CHANGES/GRIEVANCES/DISPUTES Section This Agreement shall take effect June 1, 2012, and shall remain in effect until May 31, 2014 unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from June 1 through May 31 of each year, unless changed or terminated in the way later provided herein. CHANGES: Section (a.) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter. (b.) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise. (c.) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes. (d.) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council's decisions shall be final and binding. (e.) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council. (f.) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change. Section This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement. Version 2.5 4

5 Section There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein. GRIEVANCES/DISPUTES: Section There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives. Section All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee. Section All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting. Section Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding. Section When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made. Section Any disputes under this Article, as with all other Articles in this Contract, shall be subject to the disputes resolution procedure set forth in this contract. Unless otherwise provided by the law, any such disputes shall first be submitted to that procedure for final resolution, any grievance not filed in writing 15 calendar days from the date of the incident giving rise to the grievance shall be deemed not grieveable. Version 2.7 5

6 ARTICLE II EMPLOYER RIGHTS/UNION RIGHTS Section (a.) Certain qualifications, knowledge, experience and financial responsibility are required to be an Employer in the Electrical Contracting Industry. Therefore, an Employer who contracts for electrical work is a person, firm or corporation whose principal and primary business is electrical contracting, having an established location from which they transact business and a suitable financial status to meet payroll requirements. He shall also furnish tools and equipment for the type of electrical work in which he is engaged. No individual coming under the classification of Employer or financially connected with an employing concern shall perform any manual electrical work. Failure of an individual Employer to so comply will be deemed valid and sufficient cause for the cancellation of this Agreement with such Employer after the facts have been determined by the International Office of the Union and the National Electrical Contractors Association, Inc. Workmen employed shall be predominantly journeyman wiremen. (b.) In keeping with the intent of this Agreement as found in its preamble, each new Employer seeking to become signatory to this Agreement: (1.) Shall possess a valid electrical contractor's license in the city in which his shop is located. (2.) At the beginning of the second year as an Employer, shall employ at least one journeyman wireman for a minimum of 500 hours. (3.) In the third year as an Employer, and each year thereafter, shall employ at least one journeyman wireman for a minimum of 1,000 hours. MANAGEMENT RIGHTS: Section The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number, as well as the person, who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause. Section (a.) This agreement does not deny the right of an individual employee to render assistance to other Labor Organizations by withdrawal from a job when necessary; but no withdrawal shall take place until reasonable advance notice is first given the Employer involved. Version 2.7 6

7 Section (b.) When such withdrawal takes place, the workmen on such jobs shall carefully put away all tools, materials, equipment, or any other property of the Employer in a safe manner. The Union will be financially responsible for any loss to the Employer for the neglect in carrying out this provision insofar as its members are concerned, but only when a safe place is provided for these by the Employer. WORKER S COMPENSATION INSURANCE: Section For all employees covered by this Agreement the Employer shall carry Worker s Compensation Insurance with a company authorized to do business in this State; Social Security and other such protective insurance as may be required by the laws of this State; and shall make contributions to the Iowa Unemployment Compensation Commission; and shall also furnish satisfactory proof of such in the form of an official certificate to the Union and a certified copy of such certificate shall be filed with the Iowa Chapter, NECA. BONDING: Section (a.) The Employer agrees to and shall furnish a surety bond in the amount of $15, for the first two (2) years of business, and $30,000 after two (2) years of business, and each year thereafter, to assure payments to the following funds as required by the Agreement: Health and Welfare Fund, Local Union Pension, Vacation Fund, Educational Trust Fund and National Electrical Benefit Fund. Copy of said bond to be filed with the Union Office. Satisfactory proof of compliance with the above requirements and qualifications shall be furnished within 72 hours to the Local Union and the Iowa Chapter, NECA. On jobs exceeding this limit, an increase shall be required commensurate with the fringe benefit obligations. Failure of the individual Employer to so comply will be deemed valid and sufficient cause for cancellation of this Agreement with such Employer after the facts have been determined by the International Office of the Union and the National Electrical Contractors Association. (b.) In lieu of the bond required under Section 2.05 (a) of Article II, the Employer may, at his option, furnish either: (1.) an Escrow Agreement entered into with a financial institution that is insured by FDIC or its equivalent whereby the amount required in Section 2.05(a) (the Escrow Amount ) is deposited in an escrow account with said financial institution pursuant to the terms of an Escrow Agreement. The Escrow Agreement shall provide that the interest which accrues on the Escrow Amount is payable to the Employer and that the financial institution (the Escrow Agent ) shall maintain possession of the Escrow Amount until the conditions of the Escrow Agreement are met; or (2.) an Escrow Agreement entered into with a financial institution that is insured by FDIC or its equivalent whereby a Certificate of Deposit in the amount required in Section 2.05(a) (the Certificate Version 2.7 7

8 DELINQUENCIES: of Deposit Amount ) is held in escrow by said financial institution pursuant to the terms of the Escrow Agreement. The Escrow Agreement shall provide that the interest which accrues on the Certificate of Deposit shall be payable to the Employer and that the financial institution (the Escrow Agent ) shall maintain possession of the Certificate of Deposit until conditions of the Escrow Agreement are met; or (3.) a Standby Irrevocable Letter of Credit entered into with a financial institution that is insured by FDIC or its equivalent whereby the amount required in Section 2.05(a) is made immediately available to the Beneficiary Funds when the conditions of the Standby Irrevocable Letter of Credit are met. (c.) Contributions to the various fringe benefit funds provided for in this Collective Bargaining Agreement must be remitted, that is received, by the Fund Office by the close of business on the 15 th day of the month, following the month in which the hours were worked. By way of example, contributions for hours worked in September must be received by the Fund Office no later than the close of business on the 15 th day of October. If the 15 th falls on a Saturday or Sunday, then contributions will be considered timely if received by the Fund Office by the close of business on the following Monday. An Employer which is delinquent in remitting contributions will be assessed liquidated damages and interest in an amount established by the Trust Agreement. The Trust Document currently provides for liquidated damages of ten percent (10%) and for interest to be assessed at the rate of the prime rate on the date the delinquency arises plus two percent (2%). The Restated Agreements and Declarations of Trust of all fringe benefit funds provided for in this Collective Bargaining Agreement (including, but not limited to the Health & Welfare Fund, the Retirement Fund, the Apprenticeship Fund, the LMCC and NLMCC, NEBF, and the Vacation Fund) are hereby incorporated by reference into this Agreement. Section Employees who are subject to employment by Employers under the terms of this Agreement shall not act in the capacity of Employers nor compete with the Employers by contracting for any electrical work. Section The Employer recognizes the Union as the exclusive representative of all of its employees performing work within the jurisdiction of the Union for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment. Any and all such employees shall receive at least the minimum wages and work under the conditions of the Agreement. Version 2.7 8

9 NON-RESIDENT EMPLOYEES: (Portability) Section An Employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union's jurisdiction into this Local's jurisdiction and up to two bargaining unit employees per job from that Local's jurisdiction to this Local's jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations. WORK PRESERVATION: Section (a.) In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint venture, wherein the Employer, through its officers, directors, partners, or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. (b.) As a remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry, and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement. Version 2.7 9

10 (c.) If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action. FAVORED NATIONS: Section The Union agrees that if during the life of this Agreement it grants to any other Employer in the Electrical Contracting Industry, on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concessions. ANNULMENT/SUBCONTRACTING: Section The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of his Agreement by the Local Union after a finding has been made by the International President of the Union that such a violation or annulment has occurred. The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting or repair of a building, structure or other work, will be deemed a material breach of this Agreement. All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes. Section The installation, maintaining, shifting, or repairing of all wiring for temporary lighting, heat and power, and the maintenance of all other electric equipment in new buildings during the course of construction, or old buildings undergoing alterations shall be the work of employees represented in the bargaining unit. This work must be authorized by the Employer. This shall not include work in occupied buildings usually performed by regular maintenance personnel or work already turned over to the owner by the contracting Employer. Section The contractor shall notify the Union and employees of moves from one contract to another by a signed information form. Version

11 Section The Employer and the Local Union agree that it is in their mutual interest to promote an alcohol- and drug-free work environment. They further agree to support and comply with the terms of the Substance Abuse Policy adopted by the Joint Labor/Management Committee, on July 12, 2002, which policy incorporates the implementation of an employee assistance program (EAP) offered through the Local Union Health & Welfare Plan. All Employers under the terms of this Agreement will contribute $.03 per hour on all hours worked to pay for Substance Abuse Testing. This $.03 contribution will be effective June 1, 2006, and should be sent to the designated third-party administrator on a monthly basis as part of the check that covers the other required fringe benefits. This contribution has been suspended as of 3/01/09. This fund will be at the complete control of the Employers and may be implemented or discontinued as needed to pay for the required Substance Abuse Testing. UNION RIGHT TO DISCIPLINE MEMBERS: Section The Union reserves the right to discipline its members for violation of its laws, rules and agreements. Version

12 HOURS: (Workday/Workweek) ARTICLE III HOURS/WAGES/WORKING CONDITIONS Section 3.01 (a.) Eight hours work between the hours of 8:00 a.m. and 4:30 p.m., with one-half hour for lunch period shall constitute a work day. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute a work week. (b.) An eight (8) consecutive hour regular work day may be scheduled on a job basis between the hours of 6:00 a.m. and 4:30 p.m. (at the option of the employer) with a half-hour flexible lunch period during the regular work day. All employees of that Employer on the same job site shall work the same hours. The employees shall be notified by quitting time of the previous work day. (c.) If offered 40 hours straight time (or all available hours including shift hours) in a single pay period, and the employee, by his choice, does not work the available hours, it will be the employee s responsibility to report to the employer his request for time off, to be considered mutually agreed upon. The employee will not be eligible for the overtime rate until his available straight time (or shift time) is made up. (This is to prevent a person from working overtime and taking straight time off.) SHIFT WORK: (d.) When so elected by the Contractor, multiple shifts of at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: The first shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the day shift shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours' work. The second shift (swing shift) shall be worked between the hours of 4:30 p.m. and 12:30 a.m. Workmen on the "swing shift" shall receive eight (8) hours' pay at the regular hourly rate plus 10% for seven and one-half (7 ½) hours' work. The third shift (graveyard shift) shall be worked between the hours of 12:30 a.m. and 8:00 a.m. Workmen on the "graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate, plus 15% for seven (7) hours' work. A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half times the shift hourly rate. There shall be no pyramiding of overtime rates and double the straight-time rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked. Version

13 OVERTIME/HOLIDAYS: Section One and one-half times (1 ½ X) the regular straight time pay rate will apply to all hours worked (outside the normal Monday through Friday work day) between 6:00 a.m. and midnight, Monday through Friday. The first eight (8) hours worked on Saturday between 6:00 a.m. and midnight to be paid for at time and one half. All other pay on Saturday to be at double time. All work outside the above guidelines and all work on Sunday, and the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, or days celebrated as such, shall be paid for at double time the day after Thanksgiving shall be a voluntary day off without pay. All maintenance and repair work performed outside of the regularly scheduled working hours except on Sunday and the above holidays shall be paid for at time and one-half the regular straight time pay rate. All maintenance and repair work performed on Sundays and the above holidays shall be paid for at double the regular straight time pay rate. If one of these holidays falls on Sunday, it shall be celebrated on Monday. If a holiday falls on a Saturday, it shall be celebrated on Friday. Section No work shall be performed on Labor Day except in cases of emergency. WAGES: Section (a.) The minimum rate of wages, including the Vacation Allowance for Dallas, Polk, Jasper, Madison, Warren, Carroll, Greene, Boone, Story, Marshall, Tama, Audubon, Guthrie, Adair, Union, Clarke, Lucas, Ringgold, Decatur, Wayne and Marion Counties shall be: RATE OF WAGES: 6/01/12 6/01/13 General Foreman (+ $2.50) $35.08 $36.08 Foreman (+ $1.25) $33.83 $34.83 Journeyman $32.58 $33.58 Apprentices 1 st period (40%) $13.03 $ nd period (45%) $14.66 $ rd period (55%) $17.92 $ th period (60%) $19.55 $ th period (70%) $22.81 $ th period (80%) $26.06 $26.86 NOTE: The calculated wage increase that is effective June 1, 2013 includes the $.95 wage increase and the $.05 from the additional education that is allocated to wages ($1.00 total). Version

14 EFFECTIVE DATE: All wage increases to go into effect on June 1 of each calendar year. VACATION Employee deduct of 11% HEALTH & WELFARE LOCAL PENSION [Electrician s Unindentureds are eligible.] Employer shall contribute $5.70 per hour for each hour worked. Effective 6/1/2007, the Employer shall contribute $5.00 per hour. No pension contribution for 1 st, 2 nd and 3 rd period apprentices; 4 th, 5 th and 6 th period apprentices receive 4% of journeyman wage. [Unindentureds/Electrician s Unindentureds are not eligible.] APPRENTICESHIP Employer shall contribute 1% of their gross labor payroll. Effective 6/1/13: Local Union shall contribute 1% of their gross labor payroll. [If necessary, the 1% gross pay contribution by the Local Union would go into a Trust Fund until Trust-wide contribution is resolved. Once the Trust-wide contribution is resolved, all funds will be forwarded to the JATC.] ADDITIONAL APPRENTICESHIP Employer shall contribute a maximum of $.05 per hour for each hour worked. Effective 6/1/13: $.05 from Additional Apprenticeship (JATC) will go to Local Union wages. ADMINISTRATIVE Employer shall contribute $.15 per hour for each hour MAINTENANCE FUND worked. SUBSTANCE ABUSE Employer shall contribute $.03 per hour for each hour TESTING worked. This contribution has been suspended as of 3/01/09. NLMCC LOCAL LMCC Employer shall contribute $.01 per hour for each hour worked. Employer shall contribute $.05 and Union shall contribute $.05 per hour for each hour worked. Version

15 This contribution has been suspended as of 6/01/11. This fund will remain suspended until the balance in the fund falls to $100,000. When the contribution of the fund is re-instated, there will be a cap of $200,000 for the balance of the fund. NEBF NEIF Employer shall contribute 3% of their gross labor payroll. Employer shall contribute 1% of their gross labor payroll. Decisions affecting wages or fringe benefits shall be retroactive up to a maximum of thirty calendar days after the anniversary date of this Agreement. Neither side, either jointly or independently shall pay for any apprentice books. (b.) Effective June 1, 2007, The Employers and the Union agree that all Employers signatory to this Agreement and other parties mutually agreed to be covered by same, shall pay a sum equal to five dollars ($5.00) per hour on the actual hours worked, plus five dollars ($5.00) per hour on all double time premium hours, or plus two dollars and fifty cents ($2.50) per hour on all time and one-half premium hours worked for each employee who performs work covered by this Agreement as shown by the Employer's payroll report. Fourth, Fifth, and Sixth period apprentices will have a pension contribution equal to 4% of the Journeyman Wireman wage rate. (c.) Any unscaffolded work on poles, towers, stacks, or on other unscaffolded structures hazardous due to height over 100 feet will be paid at the rate of not less than $1.00 per hour over the prevailing wage scale. (d.) The Employer and the Union agree that all Employers signatory to this Agreement and other parties mutually agreed to be covered by same shall pay a sum equal to five dollars and seventy cents ($5.70) per hour on the actual hours worked of each employee who performs work covered by this Agreement as shown by the Employer's payroll report. Said sum shall be paid monthly to the Board of Trustees of the Electrical Workers Health and Welfare Fund, and shall be accompanied by a payroll report form as designated by said Trustees. The designated payroll report will be forwarded to arrive in the NECA office not later than the 15th of the month following the reporting period. A Declaration of Trust of the Electrical Workers Health and Welfare Fund has been entered into between the parties. (e.) An employee may elect to participate in the 401(k) feature of the IBEW Local Union #347 Retirement Savings Plan by signing a tax deferred savings authorized form approved by the Fund Trustees directing the Employer to reduce the employees hourly pay $.05 or multiples of $.05 with participants being allowed to withhold the maximum amounts allowable by state and federal laws for their 401(k) accounts with such amount of tax deferred savings being transferred to the 401(k) feature of the Retirement Savings Version

16 Plan. An employee may change the amount of tax deferred savings twice a year with the starting dates for these withholding being the first day of the new payroll week in June and December, in units of $.05 per hour, but in no case shall the amount be greater than is allowed by state and federal laws. The employee may elect the tax deferred savings at the time the employee initially commences employment with any Employer. Employee tax deferred savings shall be reported on the same Employer reports and in the same manner as Employers are reporting with respect to contributions in Section (f) above or as the Trustees of the Fund shall direct. Employee election to have tax deferred savings transferred to the 401(k) Plan must be elected in writing at least ten (10) days prior to the stated election dates, other than initial employment. All tax deferred savings requests must be filed by the employee with the employer with copies as directed by the Fund Trustees in a manner and method of collection and reporting set forth in Article III, Section 3.04(f) and Article VI, Section (f.) Each employee shall participate in the Vacation Plan as agreed upon between the parties to this Agreement, terms of which shall be set out. After receiving written authorization from the employee, the Employer shall withhold from the employees net weekly pay, eleven percent (11%) of the employees gross wages. Such sums withheld from all participating employees shall be forwarded monthly, by the Employer, to the designated third-party administrator, to then be deposited in individual employee accounts in a bank determined by the local Labor/Management Committee. (g.) By completing a written authorization, an employee may direct the Employer to withhold from the employee's net weekly wages an amount to be deposited monthly with the Tradesman's Credit Union. The Credit Union shall prepare the necessary forms and standardized procedures and shall inform all Employers of same. Any employee electing such withholding is limited to a maximum of two (2) changes per calendar year. "Changes" are defined as starts, stops and/or changes in the amount withheld. (h.) All Employers under the terms of this Agreement will contribute $.03 per hour on all hours worked to pay for Substance Abuse Testing. This shall include unindentureds. This $.03 contribution will be effective June 1, 2006, and should be sent to Auxiant on a monthly basis as part of the check that covers the other required fringe benefits. This contribution has been suspended as of 3/01/09. This fund will be at the complete control of the Employers and may be implemented or discontinued as needed to pay for the required Substance Abuse Testing. Version

17 (i.) All Employers signatory to this Agreement with the Des Moines Division, Iowa Chapter, NECA, designated as their collective bargaining agent shall contribute $.15 per hour for each hour worked by each employee covered by this Labor Agreement to the Administrative Maintenance Fund. The monies are for the purpose of administration of the collective bargaining agreement, grievance handling and all other management duties and responsibilities in this Agreement. The Administrative Maintenance Fund contribution shall be submitted with the NEBF to Auxiant by the 15th of the month and shall be bound by the same delinquency requirements set forth in Article VI., Section The JATC contribution shall be submitted by the 15 th of the month and shall be bound by the same delinquency requirements set forth in Article VI., Section It is further noted that the Administrative Maintenance Fund is: 1) to be administered solely by the employers; 2) not to be used in any manner detrimental to the Local Union or the IBEW; and 3) that enforcement for delinquent payments to the fund shall be the sole responsibility of the fund or the employers and not the Local Union. (j.) The parties agree to participate in the NECA-IBEW National Labor Management Cooperation Fund, under authority of Section 6(b) of the Labor- Management Cooperation Act of 1978, 29 U.S.C. 175(a) and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C. 186(c)(9). The purposes of this Fund include the following: 1. To improve communication between representatives of labor and management; 2. To provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness; 3. To assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process; 4. To study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry; 5. To sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry; 6. To encourage and support the initiation and operation of similarly constituted local labor-management cooperation committees; 7. To engage in research and development programs concerning various aspects of the industry, including but not limited to new technologies, occupational safety, and health, labor relations, and new methods of improved production; Version

18 8. To engage in public education and other programs to expand the economic development of the electrical construction industry; 9. To enhance the involvement of workers in making decisions that affect their working lives; and 10. To engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals. The Fund shall function in accordance with, and as provided in, it s Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents. Each employer hereby accepts and agrees to be bound by, and shall be entitled to participate in the NLMCC as provided in said Agreement and Declaration of Trust. Each employer shall contribute one cent (1 ) per hour worked under this Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. Auxiant shall be the collection agent for this fund. If an employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance. In an event the Employer is in fault, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The employer shall also be liable for all costs of collecting the payment together with attorney s fees. (k.) The parties agree to participate in a Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. 175(a) and Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. 186(c)(9). The purposes of this Fund include the following: 1. to improve communications between representatives of Labor and Management; 2. to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness; 3. to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process; 4. to study and explore ways of eliminating potential problems which reduce the Version

19 competitiveness and inhibit the economic development of the electrical construction industry; 5. to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and industry; 6. to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production; 7. to engage in public education and other programs to expand the economic development of the electrical construction industry; 8. to enhance the involvement of workers in making decisions that affect their working lives; and, 9. to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals. (l.) The Fund shall function in accordance with, and as provided in, it s Agreement and Declaration of Trust and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the LMCC, as provided in said Agreement and Declaration of Trust. (m.) Each employer and employee shall contribute $.05 per hour. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. Auxiant shall be the collection agent for this Fund. This contribution has been suspended as of 6/01/11. (n.) If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorneys' fees. (o.) The Des Moines Division, Iowa Chapter, NECA/IBEW Local Union 347 LMCC shall meet at least every other month. Version

20 (p.) The Employer shall furnish the Business Agent of the Union with a report, monthly, showing the gross take-home pay of each employee working under this Agreement. Section Wages shall be paid weekly not later than quitting time on Friday. The standard seven day pay week shall end no earlier than midnight Sunday prior to payday. Not more than five days' wages may be withheld from the end of the standard pay week until payday. Any workman laid off or discharged by the Employer or by his representative shall receive reasonable advance notice and shall be paid in full upon termination. In the event he is not paid, waiting time at the regular rate shall be charged until payment is made. Any employee quitting his job shall give his Employer advance notice. At the option of the employer, all employees shall receive their pay not later than 4:20 p.m. on the designated pay day, and the pay shall be delivered by US Mail to an address of the employee s choosing, or by electronic deposit to a bank account of the employee s choosing, or to be picked up at the employer s primary place of business after working hours on payday. Any employee receiving pay by electronic deposit shall receive an itemized accounting of the pay deposited on his behalf no later than 4:20 PM on the designated payday. This accounting shall be mailed by US Mail to an address of the employee s choosing, or available after working hours on the designated payday. Should an employer not use these methods, then the present pay schedule shall prevail. Section 3.06 (a.) On all jobs requiring three (3) or more journeyman wiremen or four (4) or more workmen, one journeyman wireman shall be designated as foreman by the Employer. In the absence of the foreman from the job, if there are three (3) or more journeyman wiremen or four (4) or more workmen left on the job, one journeyman wireman shall be designated as foreman so that there shall be no job at any one time with three (3) or more journeyman wiremen or four (4) or more workmen without a foreman in charge. After eight (8) men are on the job, the ninth man shall be designated as a general foreman. For every additional eight journeyman wiremen or workmen on the job, one shall be designated as a foreman so that no foreman shall supervise more than seven men in addition to himself, but general foremen are not limited to the number of foremen, journeyman wireman, or workmen they may supervise. Exception: If any workmen are added, the crew structure will not change and no Foreman or General Foreman will be appointed the first normally scheduled workday. (b.) On jobs having a foreman, employees must not take directions or orders or accept the layout of any job from anyone except the foreman. Section Any employee reporting for work and being laid off shall receive not less than two (2) hours wages and shall be paid off in full immediately. In the event the Version

21 employee is not paid off, waiting time at the regular rate shall be charged until payment is made. Section When employees are directed to report to a job and do not start work due to lack of material or other causes beyond their control, they shall receive two (2) hours pay unless notified one (1) hour or more prior to the scheduled starting time, or unless due to inclement weather or other natural causes. Section When the Employer has no permanent shop located in the jurisdiction of the Union, then under such circumstances, the job site shall be considered the City in which the shop is located. Section Nothing in this Agreement shall be discriminatory against any person because of race, creed, color, religion, sex, age, or national origin. Section Except as otherwise provided in this Section, there shall be no restriction of tools, machinery or anything simplifying electrical construction work or the erecting of equipment when installed, erected, and operated on the job by employees covered in the bargaining unit. Employees will not furnish the following list of tools and equipment: All pipe working tools, such as stocks, dies, cutters, large reamers, hickeys or benders, and wrenches 18" and larger, all ladders, electrical power tools, all expendable or wear tools such as drills, points, files, saw blades, K.O. cutters, chisels, taps heavy soldering equipment, or wire pulling devices and socket wrenches over 1/2" drive. Employees shall furnish their own voltage testers of the hand held Wiggins-type up to 600 volts. Contractor shall pay for all E70 clothing, other than personal clothing and equipment. Section The Employer shall furnish all other necessary tools or equipment, as well as hard hat, goggles and an approved personal grounding system. The Employer may request an employee to sign a receipt for safety equipment issued at time of employment. The receipt shall include authorization by the employee that the replacement cost of the equipment may be withheld from his final paycheck unless it is returned in working condition. Workmen will be held responsible for the tools and equipment issued to them providing the Employer furnished the necessary lockers, tool boxes, or other safe place for storage. Any safety equipment that is personal in nature will be the responsibility of the employee. (I.E. Safety Boots and prescription eye glasses.) Section Workmen shall install all electrical work in a safe and workmanlike manner and in accordance with applicable code and contract specifications. All workmen shall be aware of State and Federal safety laws. First aid training will be made available for all workmen, and they shall be trained accordingly. Version

22 Section A journeyman wireman shall be required to make corrections on improper workmanship for which he is responsible on his own time and during regular working hours, unless errors were made by orders of the Employer or the Employer's representatives. The Employer shall notify the Union of workmen who fail to adjust improper workmanship and the Union assumes responsibility for the enforcement of this provision insofar as its members are concerned. Section The representatives of the Union or the Employers' Association shall be allowed access to any shop or job at any reasonable time when workmen are employed under the terms of this Agreement. Section The Employer shall pay travel time from shop to job, job to job, and job to shop when workmen are moved during the regular working day. Section No traveling time shall be paid before or after working hours to workmen for traveling to or from any job in the jurisdiction of the Union when workmen are ordered to report on the job. Section No workmen shall be permitted to work alone on energized circuits or equipment carrying 440 volts or more, or where work requires ladders for staging over public thoroughfares, in elevator hatchways, manholes or tunnels. Section The policy of the members of the Local Union is to promote the use of materials and equipment manufactured, processed or repaired under economically sound wage, hour and working conditions by their fellow members of the International Brotherhood of Electrical Workers. Section All conduit shall be bent, cut and threaded by journeyman wiremen and apprentices covered by this Agreement. Section Whenever a job steward has been appointed by the Local Union he shall receive the cooperation of both parties. The steward will report any grievances to the Business Manager and he will not promote any work stoppage. His duties shall be to require that the Agreement be complied with and that safe working conditions be maintained. Also, he is to report or prevent craftsmen, other than electricians, from doing electrical work. He shall be given reasonable time for these duties with no discrimination for such duties. Employers shall have the right to transfer or remove a steward, but transfer or removal shall not take place until the Business Manager has been given reasonable advance notice, by the Employer, to select another journeyman wireman on the job to act as steward. The Business Manager shall inform the Employer, either directly or through the job foreman, of the person designated to act as steward. Section When any employee is terminated from employment, the Employer shall give to the employee a written Termination Notice, a copy of which shall be sent to Version

23 Local #347 and the Des Moines Division, Iowa Chapter, NECA. Termination notice shall state the reason for termination as well as the effective date and time. Version

24 ARTICLE IV REFERRAL PROCEDURE Section In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of the employees in their employment status within the area, and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment. Section The Union shall be the sole and exclusive source of referral of applicants for employment. Section The Employer shall have the right to reject any applicant for employment. Section The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union, and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the following procedure. Section The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies. JOURNEYMAN WIREMAN JOURNEYMAN TECHNICIAN GROUP I All applicants for employment who have four or more years experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman s examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and, who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement. Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local Version