AGREEMENT BETWEEN INDEPENDENT MILLWRIGHT CONTRACTORS ASSOCIATION OF SOUTHERN MINNESOTA, WESTERN WISCONSIN AND SOUTH DAKOTA. and

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1 AGREEMENT BETWEEN INDEPENDENT MILLWRIGHT CONTRACTORS ASSOCIATION OF SOUTHERN MINNESOTA, WESTERN WISCONSIN AND SOUTH DAKOTA and MILLWRIGHT AND MACHINERY ERECTORS NO. 548 and NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS AND JOINERS (Expires APRIL 30, 2016) Y:\MASTER CBAs\WORDContracts\MINNESOTA\MN LOCAL 548 MILLWRIGHT\ \MN Millwright LU 548 Agreement May 1, April 30, 2016 Final.docx

2 THIS AGREEMENT, By and between or on behalf of the parties in the capacities and status designated in Article 2 hereof, establishes rates of pay, wages, hours of employment, fringe benefits and vacations, where applicable and other terms and provisions concerning employment relations and collective bargaining relations, and collective bargaining between or involving such parties on construction work in the State of Minnesota and a portion of Western Wisconsin. NOW, THEREFORE, for such purposes, it is agreed as follows: ARTICLE 1 Considerations for Agreement The considerations for this Agreement are the mutual promises of the parties and their mutual purposes to establish, maintain and promote sound and harmonious labor relations. It is desirable to maintain the cooperative relationships and jurisdictional work assignments existing during past years between the Employers and the Employees represented by the union. ARTICLE 2 Designation of Parties A. Independent Millwright Contractors of Minnesota (hereinafter called IMCA), are a party to this Agreement in a representative capacity and as agent only, acting on behalf of certain Employers who have agreed to be bound to the terms of this Agreement through IMCA, and on behalf of such additional Employers as may execute identical counterparts. IMCA is entitled to recognition, in such capacity, as agent and collective bargaining representative for the Employers who are or may become parties hereto, for all purposes of this Agreement, including its right in such capacity, to represent such Employer parties before NLRB or otherwise pursuant to and/or in aid, support or enforcement of the terms and provisions of this Agreement. B. IMCA Employers who have agreed to be bound to the terms of this Agreement through IMCA, or other Employers who have done likewise (hereinafter called Employers), are parties hereto as principals but their status is several and not joint. Nothing in this Agreement is intended to deny any Employer who is not affiliated with IMCA the right to sign or subscribe to this Agreement. C. The parties hereto each agree to advise the other promptly as to all signatories to this Agreement or any counterpart thereof giving the following information: 1. Name and address of company 2. Name and title of person signing 3. Date of signing D. The labor organization on its own behalf and on behalf of Millwrights and their Apprentices whom it represents and on whose behalf it is recognized hereunder (hereinafter called Union), is party hereto. The status of said Union is dual that it is party hereto as principal, and also as agent for the Employees whom it represents and on whose behalf it is recognized as hereinafter provided. 2 Expires April 30, 2016

3 ARTICLE 3 Scope of Agreement Territorial Jurisdiction This Agreement shall cover the following 61 counties in Minnesota: Traverse, Grant, Douglas, Todd, Morrison, Mille Lacs, Kanabec, Pine, Big Stone, Stevens, Pope, Stearns, Benton, Sherburne, Isanti, Chisago, Swift, Kandiyohi, Meeker, Wright, Anoka, Hennepin, Ramsey, Washington, Lac Qui Parle, Chippewa, Yellow Medicine, Renville, McLeod, Carver, Scott, Dakota, Lincoln, Lyon, Redwood, Sibley, Brown, Nicollet, LeSueur, Rice, Goodhue, Wabasha, Pipestone, Murray, Cottonwood, Watonwan, Blue Earth, Waseca, Steele, Dodge, Olmsted, Winona, Rock, Nobles, Jackson, Martin, Faribault, Freeborn, Mower, Fillmore and Houston. Also covered is the following portion of Western Wisconsin: East of the St. Croix River, Highway 70 to Grantsburg, Wisconsin then Highway 87 to the intersection of Highway 48, then Highway 48 to the intersection of Highway 35, then Highway 35 to the intersection of Highway 8, then Highway 8 to the intersection of Highway 65, then Highway 65 to River Falls, then Highway 29 to Prescott and across to Hastings. Five miles east of any city or village located in this line in Wisconsin shall be in the jurisdiction of Millwright Local Union #548. Also covered is the entire State of South Dakota with the exception of the county of Union which is located in the southeast corner of the state. ARTICLE 4 Union Recognition Millwright and Machinery Erectors Local Union No. 548 of St. Paul, Minnesota and the North Central States Regional Council of Carpenters and Joiners, St. Paul, Minnesota (hereinafter called the union), is recognized as the exclusive bargaining representative of the employees covered by this Agreement and such Employees and the Union are obligated to the terms and conditions of this Agreement. The Union represents that it is qualified for such recognition. ARTICLE 5 Union Security The Union recognized under Article 4 of this Agreement shall be entitled to union security to the extent that each employee in the collective bargaining unit represented by such Union shall on the eighth (8th) day following the beginning of employment in such collective bargaining unit by such Employer under the coverage of this Agreement or the effective date of this Agreement whichever is later, be required to become and remain a member in good standing of such Union as a condition of employment. The Employer will be required to dismiss employees who refuse to comply with this Union Shop provision after written notification by a bona fide representative of the Union to a responsible representative of the Employer on the job. The Union shall be entitled to approach individual employees for organizational purposes as provided by law. In "good standing" for the purposes of the Agreement between the Union and Employer is defined to mean the payment of standard monthly dues as applied uniformly to all employees covered by this Agreement. 3 Expires April 30, 2016

4 ARTICLE 5.2 Working Dues/Dues Check-Off A. During the term of this Agreement and in accordance with the terms of an individual and voluntary written authorization for check-off of membership dues in form permitted by the provisions of Section 302(c) of the Labor Management Relations Act of 1947, as amended, the Employer agrees to deduct once each week from the wages of each employee covered by this Agreement, who signs said authorization, a certain amount of money per hour for each hour worked by said employee during the week. The specific amount of money to be deducted shall be determined by the Union, from time to time, in accordance with its constitution and by-laws, and the Union shall notify the Employer, in writing, from time to time as changed by the Union, of the specific amount of money to be deducted. The amount deducted shall be payable to the fringe fund administrator on behalf of the & Joiners, for and on behalf of it's affiliated Local Unions, monthly by the fifteenth (15th) day of the month following the month in which the required amount is deducted, and such amount shall be remitted in accordance with all of the applicable provisions and requirements of Article 20. The Union shall be responsible for obtaining necessary authorization forms. B. The Employer agrees to deduct an amount referenced by this Article from contributions otherwise payable to the savings plan as identified by Article 20 and Article 16(N) of this Agreement. The Parties recognize that certain existing executed authorization forms reflecting a deduction from contributions to the vacation fund provide legal basis for the deduction from contributions to the employee s savings plan. The Union will ensure that the proper authorization card is signed by the employee for deduction of dues from wages. If it is deemed that the authorization was not effective, or was not obtained from the employee by the Union, the Union agrees to reimburse the employer, if the employer is required to reimburse the employee for unauthorized deductions. ARTICLE 6 Insurance and Taxes The Employer agrees to carry any and all insurance and pay all applicable taxes as provided by applicable State and Federal laws. The Employer further agrees to pay Workers Compensation Insurance and Unemployment Compensation such amounts as are due under State and Federal laws. ARTICLE 7 Conflicting Agreements A. The Employers agree not to enter into any Agreement with their employees on whose behalf the Union has been granted recognition hereunder, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. B. Millwright and Machinery Erectors Local No. 548, St. Paul, Minnesota, agrees not to enter into any Agreement with any Individual Employer or group of Employers, engaged in building construction work which conflicts or differs in any way with the terms and provisions of this Agreement. C. The Union further agrees that if they do negotiate an agreement with terms more favorable than herein, then these more favorable terms shall immediately apply to all contractor's signature to this agreement. 4 Expires April 30, 2016

5 D. Provided however, that should the International Union (United Brotherhood of Carpenters and Joiners of America) enter into an area-wide or project type agreement, either individually or through the AFL CIO Building Trades Department which conflicts with provisions of this Agreement, the Employers agree to hold the Local Union not liable for such conflict and/or differences. ARTICLE 8 Violations of Agreement In the event that the Employer deliberately violates the provisions of the foregoing Articles or deliberately violates any provisions of this Agreement relating to wages, hours of work, overtime differentials and vacations, any back pay owed to the Employee because of such violation shall be paid by the Employer at the rate of two times the standard straight time and overtime rate. Reasonable evidence of clerical error or honest mistake in interpretation of this Agreement shall exempt the Employer from the double penalty provisions, and in such case the Employer shall be required to pay only the actual amount of back pay involved, at the standard straight time and overtime rate. In the event the Union deliberately violates any provisions of this contract relating to wages, hours of work, overtime differentials and vacations, etc., then the Union shall pay the members of the Contractor's Associates two times the difference in the agreement and the amount actually paid. ARTICLE 9 Management Clause The Employer reserves the right to manage its jobs in the best interest of the Employer; the right to retain or dispense with Employees for cause; to reduce or increase the number of Employees needed on each project, crew, activity, or piece of equipment. The Employer has the right to determine reasonable employment qualifications of Employees and may discharge any Employee whose work is unsatisfactory or who fails to observe reasonable regulations or safety precautions prescribed by the Employer or any governmental agency. The employee must be qualified and shall use any tools, equipment, machinery, new material and products or procedure of his craft required by the Employer. This shall not limit the Employer's right to retain technological assistance or field erector pertaining to a particular piece of equipment. ARTICLE 10 Settling Disputes A. There shall be established a Joint Trade Board, which shall have charge of the enforcement and interpretation of the working agreement, as well as duties specifically mentioned herein. B. Each grievance shall be deemed to be waived unless submitted in writing to the parties for resolution within ten (10) days after the event giving rise to the grievance occurs. A copy thereof shall be sent to the Association. The parties to a dispute shall endeavor to resolve the dispute prior to a meeting of the Joint Trade Board. If the parties are unable to resolve the dispute, the Joint Trade Board shall meet to settle the dispute. They shall meet no less than thirty (30) days after any written notice of a grievance to settle a dispute. The parties to a dispute shall be notified no less than 14 calendar days prior to a meeting of the Board. The parties to a dispute may mutually agree to waive any or all of the deadlines contained in this paragraph. 5 Expires April 30, 2016

6 C. The Union and the Employers shall elect or appoint three (3) members each, and such members shall serve until their successors have been appointed. The Joint Trade Board shall elect a Chairperson and a Secretary from the committee. The duties of the Chairperson shall be to conduct all meetings of the committee. The duties of the Secretary shall be to keep a complete record of the minutes of meetings and correspondence, and shall notify Board members of any special meeting called by the Union and/or contractors. The Secretary shall furnish each member with a legible copy of all minutes and correspondence. The Board may unanimously agree to appoint a third-party Facilitator to carry out the notetaking or meeting-chair duties of either or both of the officers under the direction of the Board. The Facilitator may be present in board deliberations but shall have no voting power on issues that come before the Board. The Facilitator is subject to removal at any time by any member of the Joint Trade Board. D. Decisions or orders of the Joint Trade Board shall be signed by the Chairperson or Secretary and distributed to the parties to the dispute. Such decisions and orders shall be final and binding. E. If the Joint Trade Board is unable to arrive at a mutually agreeable solution to a problem brought before it, or otherwise unanimously agrees, it may select a neutral arbitrator to hear the case and issue a decision, which shall be final and binding on all parties involved. The neutral arbitrator shall be selected by the Joint Trade Board. In the event the Joint Trade Board is unable to agree on a neutral arbitrator within ten (10) days, the arbitrator shall be selected by and under the rules of the Federal Mediation Service. The decision of the arbitrator shall be final and binding on signatories to the Agreement who are parties to the dispute; provided, however, that the arbitrator shall have no power to add, delete or modify any provisions of this Agreement. Each party shall pay the fees and costs of its own representatives and witnesses. The costs and fees of the neutral arbitrator shall be equally divided between the parties. This article shall not be applicable to jurisdictional disputes nor to the non-payment of wages or fringes, except that this article shall apply to wage disputes. ARTICLE 11 Safety A. Accident and injury-free operations shall be the goal of all Employers and employees. To this end the Employer and all of the employees will, to the best of their ability abide by and live up to the requirements of the State and Federal Construction Safety Codes and Regulations. The Employers at their discretion may require all employees to do warm up exercises before the starting of each shift. B. To this end the Employer shall from time-to-time issue rules or notices to his Employees regarding on-the-job safety requirements. Any Employee violating such rules or notices may be subject to disciplinary action. No Employee may be discharged for refusing to work under unsafe conditions. C. The Employer shall be required to furnish all safety equipment required by State and Federal Laws. D. It is understood that all Employer-supplied safety apparel is the Employer's property. A receipt for apparel and authorization for deduction of cost for same will be signed by the Employee. In the event an employee fails to return an Employer's apparel, said Employee will reimburse his Employer by having the cost of said apparel deducted from his next payroll check as per the authorization. E. Employees shall not carry or use cell phones in work area unless authorized by the Employer or their representative. 6 Expires April 30, 2016

7 ARTICLE 12 No Strike - No Lockout The parties hereto mutually agree that there shall be no strike or lockout without first complying with the terms of this Agreement and that all possible means of achieving peaceful and fair settlement of any controversies that may arise will be made. The Union agrees that there shall be no cessation of work because of a jurisdictional dispute and that the Employer agrees not to instruct any Employee to go through a recognized picket line. Spread-work tactics, slow-down, Stand-by crews, forcing of overtime are condemned by both parties. ARTICLE 13 Union Representatives Authorized Representatives of the Union may visit the job during working hours, but shall first make a reasonable effort to contact the job superintendent, or whoever is in charge of the job. In the event' neither is available, said Representatives shall leave their business card in the job office before contacting Employees. Said Representatives shall not unduly hinder or interfere with the progress of the work, and must comply with all safety regulations on the job. ARTICLE 14 Rotation of Employees The Union may not require rotation of Employees during the life of this Agreement, other than Apprentices shifted for purposes of training. ARTICLE 15 Payroll Records In case of a dispute arising over hours and wages, the Union shall have the right to examine the payroll records of the individual Employee covered by this Agreement upon which there is a dispute. Prior to the actual examination, a written request shall be submitted to the Employer involved. ARTICLE 16 Fringe Benefits The Employer agrees to contribute every month, not later than the 15 th of the following month, such sums for Pension, Health and Welfare, Savings, Apprenticeship, Labor-Management Cooperation Funds, Union Dues, and Industry funds (the Fringe Benefit Funds ) as they may be established, an amount for each hour worked by all employees covered by this Agreement. Each payment shall be accompanied by a report in a form as specified by the Trustees. The Funds Trustees shall equally represent the Union and the Employer. The terms of the Trust Agreement establishing those Funds are hereby incorporated as a part hereof. A. All Employers, upon becoming bound to this Agreement after May 1, 2013, shall obtain a $50,000 surety bond to be held by the Trustees of the Fringe Benefit Funds. In the event that the Employer cannot or does not secure a $50,000 bond, the Employer must pay fringe benefits on a weekly basis at the same time as the Employer s regular payroll disbursements. Weekly basis shall mean that the Employer s report and payment for a particular work week shall be due on the Friday of the following week. An Employer s report and payment shall be considered delinquent if not postmarked on or before such day. In addition to the weekly Fringe Benefit contributions, the unbonded employers and delinquent employers must also pay into an escrow account held by the Fringe Benefit Fund Trustees or their designee(s) an amount equal to 20% of 7 Expires April 30, 2016

8 the Employer s weekly fringe benefit payment. The unbonded/delinquent Employer shall continue to make weekly payments to the escrow account until the balance of the escrow account reaches $50,000 ($25,000 if the Employer has fewer than seven (7) regular employees). An Employer may cash out its escrow account only if the Employer has provided proof to the Trustees or their designee(s) that the Employer has obtained a $50,000 surety bond to be held by the Trustees of the Fringe Benefit Funds. B. An Employer shall be considered delinquent for a particular work month (or work week in the case of Employers on weekly reporting under (c) below) if its required report and the proper payment for that month (week) are not postmarked on or before the 15 th day of the following month (Friday of the following week, for Employers required to make payments on a weekly basis), irrespective of whether such delinquency is willful or otherwise. C. Contributions which are delinquent as defined in (D) above shall be deemed to be unpaid contributions for purposes of the Funds remedies pursuant to this Agreement and applicable law. D. An Employer who is delinquent and has unpaid contributions shall be required to pay to the Funds an additional amount of 10% of the amount of the unpaid contributions as liquidated damages together with interest on the unpaid contributions as specified in the Trust Agreement, or if greater, two times the specified interest on the unpaid contributions. E. When the Trustees have determined that an Employer is delinquent in its Fringe Benefit contributions, the Employer shall make ongoing and future Fringe Benefit contributions on a weekly basis and establish an escrow account as described in paragraphs (B) and (C) above. Once the Employer has made payments on a weekly basis for 26 consecutive weeks without further delinquency, the Trustees may, in their sole discretion, remove the requirement that such delinquent Employer make weekly fringe fund reports and payments and contributions to the escrow account. The Trustees may, in their sole discretion, permit such delinquent Employer to cash out its escrow account only after the Employer has made Fringe Benefit contributions for one year without delinquency and provided proof of a surety bond as described in paragraph (A). F. Illustration: If an Employer s report and payment for the January work month have not been postmarked before February 16, such Employer becomes delinquent at that point and must pay the full amount due, plus interest and 10% as liquidated damages or, if greater, double interest. In addition, the Employer shall be placed on the weekly reporting basis for work weeks commencing after February 16. Reports and payments shall then be due each week on the Friday of the week following the work week, and weekly payments shall be made to an escrow account in an amount equal to 20% of the weekly contributions due. When the Employer has completed 26 consecutive weeks without further delinquency, the Trustees of the Fringe Benefit Funds may (in their discretion) allow the Employer to revert to monthly Fringe Benefit contributions. When the Employer has completed one year of required Fringe Benefit payments without further delinquency, and has proven to the Trustees that it has obtained a $50,000 surety bond to be held by the Trustees, the Trustees may (in their discretion) allow the Employer to cash out the escrow account. G. The delinquent Employer shall also be required to pay all cost of collection actually incurred by the Trust Fund, including all attorney fees, service fees, filing fees, court reporter fees and all other fees, costs and disbursements incurred by or on behalf of the Trust Funds in collecting the amount due. H. Each Employer who is required to make payments to the Trust Funds shall promptly furnish to the Trustees or their authorized agents, on demand, all necessary employment and payroll 8 Expires April 30, 2016

9 records, and any other relevant information relating to its employees covered by this Agreement for examination, whenever such examination is deemed necessary in connection with the proper administration of the Trust Funds. The Trust Funds may, during the course of an audit, require that the Employer produce vendor information, material invoices, and information relating to other disbursements. Trust Fund auditors may require access to the Employer s electronic records relating to any information sought during an audit. If any Employer fails or refuses to furnish its payroll records to the Trustees or their authorized agents upon demand or refuses to afford the Trustees, or their authorized agents reasonable opportunity to examine the same in accordance with standard auditing procedures, the Trustees may enforce such right by legal action in which event all attorney fees, service fees, filing fees, court reporter fees, and other legal costs and disbursements, as well as the auditing fees and costs incurred in conducting such audit, shall be paid by such Employer on direction of the Trustees. I. The Union shall also have the right to take economic action, including but not limited to the right to refuse to supply personnel, to enforce the rights enumerated in this Article on behalf of the Union and the Trustees. The parties to this Agreement acknowledge that the provisions of this Agreement establishing rates of pay, wages, all hours of employment and other terms and conditions of employment, including fringe benefits, apply to employees employed in job classifications under this contract. J. The parties to this Agreement, and all Employers covered thereby, agree to be bound by all the terms of the respective Trust Agreements governing the establishment, administration, and operation of the Funds in accordance with the Trust Agreements. The employers and the Union hereby ratify all of the actions already taken or to be taken by such Trustees within the Scope of this authority provided that action is within the scope of the Trustees authority and not in conflict with this agreement. K. National or State Health Insurance. In the event that health care reform enacted in 2010 under Public Law (the Patient Protection and Affordable Care Act) and Public Law (the Health Care and Education Reconciliation Act of 2010), or any subsequent health care reform enacted by Congress or by the legislature of a state in the jurisdiction of this Agreement, affects the amount of necessary contributions to the North Central States Regional Council of Carpenters Health Fund, this Agreement shall be open for the sole and exclusive purpose of apportioning the amount of the then-current hourly contribution required by this Article among the Carpenters and Joiners Welfare Fund, wages, and any payments required under such health care reform legislation. The reapportionment shall be made in accordance with agreement reached between the Trustees of said Fund and the negotiating committees of the Parties to this Agreement. Should the health insurance provisions contained in this Agreement and/or the Carpenters and Joiners Welfare Fund s plan design cause the Employer to become subject to a penalty, fine, or other assessable payment under the Patient Protection and Affordable Care Act or any related law or regulation, the matter will be referred to the Carpenters and Joiners Welfare Fund for a revision of the Plan so that the penalties cease. If the Trustees do not take action to have the penalties cease, the Union and the bargaining parties will immediately bargain over a solution that does not increase the total cost to the employer. The bargaining parties recognize that the Affordable Care Act and related regulation have created a challenging and dynamic environment for the Carpenters and Joiners Welfare Fund. Should health and welfare coverage options become available through a legislative and/or government-sponsored program such as a health insurance exchange, and such coverage is more economical than that which can be offered by the Carpenters and Joiners Welfare Fund, either party may request in writing, and the other party shall agree, to meet in good faith within 30 days of the written request to review and 9 Expires April 30, 2016

10 consider changes to the Agreement that would accommodate the use of such a program as a supplement to or replacement for the current Carpenters and Joiners Welfare Fund. L. Pension Rehabilitation Plan. The actuary for the Twin City Carpenters and Joiners Pension Fund (the Plan) has certified that the Plan, for the Plan year beginning January 1, 2010, is in critical status as that term is defined in the Pension Protection Act of As a result of the Plan being so certified, the Trustees of the Plan are required to adopt and the parties to this Agreement are required to implement a Rehabilitation Plan. The Trustees have adopted a Rehabilitation Plan, dated April 9, 2010, and have communicated it to the bargaining parties, by notice dated April 30, The Rehabilitation Plan is hereby incorporated into this Agreement by this reference. The parties hereby implement the Rehabilitation Plan and authorize and direct the Trustees to take any and all actions permitted or required by the Rehabilitation Plan or which they find reasonable and appropriate in achieving the objectives of the Rehabilitation Plan as required by law. M. Fringe Funds and Designated Depository. Employers covered by this Agreement shall pay the contributions required to be made to the Funds listed in accordance with this Agreement to the following funds via the depository identified by this Agreement, or such depository as may be designated by the Trustees from time to time. Such contributions shall be sent together with the required remittance reports for the following funds to the designated depository. Designated Depository Minnesota Carpenter Fringe Benefits Administrator: Wilson McShane, 3001 Metro Drive, Suite 500, Bloomington, MN Fringe Benefit Funds/Dues Twin City Carpenters & Joiners Pension Fund Carpenters and Joiners Defined Contribution Plan Carpenters and Joiners Welfare Fund Carpenters & Joiners Apprenticeship and Journeymen Training Trust Fund Carpenters International Training Fund Carpenters Savings Plan Working Dues N. Under predecessor Agreements, Employers made contributions to the Twin City Carpenters & Joiners Vacation Fund ( Vacation Fund ). The Parties to this Agreement ratify the actions of the Vacation Fund trustees and, in accordance with Article 20 of this Agreement, the Parties direct that upon June 1, 2013, all contributions formerly directed toward the Vacation Fund shall be henceforth contributed as Savings Plan contributions made to the Carpenters Federal Credit Union, or such other financial institution designated by the Union. The Savings Plan hereby established is not a jointly trusteed Taft-Hartley Plan, but rather an allocation from the gross taxable wage toward an individual savings account for each employee working under the terms of this Agreement. All payment, delinquency, and collection provisions of this Article shall apply to Savings Plan contributions. Nothing in this Section shall be interpreted to restrict any means of collection of Savings Plan contributions, nor the collection of an amount equivalent to dues through Savings Plan contributions per Article 5.2 of this Agreement. O. Owner Operators. A person performing bargaining unit work for an Employer owned in total or in part and/or controlled by the person, the person s spouse, or member of the person s family, 10 Expires April 30, 2016

11 shall participate in the fringe benefit and industry funds by paying contributions at the applicable rate multiplied by 160 hours per month. The Trustees of the Carpenters Trust Funds at their discretion may adjust the Owner Operator contribution requirement. ARTICLE 17 Industry Fund The Employer shall contribute five cents ($.05) per hour for each hour worked into a Trust Fund. The Trust Fund shall be administered by IMCA in accordance with a Trust Agreement developed by IMCA. The purpose of the Trust will be to promote programs to increase the efficiency of the Industry, develop job opportunities, benefit the public, and facilitate other purposes of the IMCA or their members. UBC Millwrights Labor-Management Industry Promotion Fund- In addition to any contributions otherwise called for herein, the parties agree that the Employer shall make a contribution of five ($.05) per hour worked for each millwright employee covered by this agreement to the UBC Millwrights Labor-Management Industry Promotion Fund ( Millwright Fund ). Payment shall be made to the Millwright Fund or to such collection agent as is designated by the Millwright Fund on or before the 20 th day of the month following the month of the work performed. The Employer hereby agrees to be bound by the Agreement and Declaration of Trust for Millwright Fund as it exists and as it may be amended restated, and to such rules, regulations or other governing documents adopted pursuant to such Trust. Employer contributions to this fund shall be remitted to Wilson McShane. Funds will then be forwarded to the UBC National Funds address. Remittance address: UBC National Funds P.O. Box Chicago, IL ARTICLE 18 Subcontractors Clause The Employer agrees that, in the event it subcontracts work covered by this Agreement to subcontractors not bound by this Agreement, the Employer will require said subcontractors to enter into an agreement with it containing the following language: "For all of its employees performing work covered by the collective bargaining Agreement between the general contractor and the Millwrights and Machinery Erectors, a copy of which the subcontractor acknowledges receipt of, the subcontractor agrees to pay said employees at a rate equal to the wage rate provided for in said collective bargaining agreement and further, the subcontractor agrees to provide said employees with fringe benefits and other working conditions equal to those provided for in said collective bargaining agreement." 11 Expires April 30, 2016

12 ARTICLE 19 Hiring Clause The Employers agree to use the services of the Union in the procurement of qualified and competent workers and recognize the Union as a major source for procurement of such workers. The Employers agree to notify the Union when such workers are needed. The Union agrees that its selection of applicants for referrals shall be on a non-discriminatory basis without regard to race, creed, color, age, sex, membership or non-membership in any Union. In the event the Unions fail or are unable to refer applicants pursuant to affirmative action or other criteria or requirements of contractors by the Equal Employment Opportunity Commission, Office of Federal Contract Compliance or any other regulatory or awarding agency with jurisdiction over the contractors, the contractors may recruit acceptable applicants directly sufficient to satisfy their need in whatever manner they desire. In such case, all employees hired by the contractor shall as a condition of employment, immediately become and remain a member in good standing in the union. Contractor agrees to notify the union of any Employees so hired as soon as possible. The Employers have the right to reject for good cause any and all applicants referred by the Union and assume no obligation whatsoever because of such referral, except as outlined in other Articles of this Agreement. The Union shall refer workers, when notified, within forty-eight (48) hours from the time such notice is received. If the Union cannot refer required number of workers acceptable, the Employer is then authorized to employ workers from any source available but the workers so hired shall, as a condition of employment, immediately become and remain a member in good standing with the union. In such event, the Employer will notify the Union of the names and the dates of such hiring. The Employer shall have the right to request a former employee by name. This request shall be in writing on forms provided by the Union. Any former employee who has performed work for the Employer in the geographic area and under the terms established by the collective bargaining agreement of this Local Union within the past 24 months, and who is registered with the referral office, shall be eligible for such request. Each applicant referred by the Union shall be furnished with a referral form indicating name, address and status. It is recognized by the parties hereto that the Employer will have no control over the referral policies of the Union or any means of determining the degree of compliance with the non-discrimination provisions of this Agreement and State and Federal Laws. 12 Expires April 30, 2016

13 ARTICLE 20 Wages A. The minimum scale of wages to be paid Journeyman Millwrights described in Territorial Jurisdiction of Millwright Local No. 548, shall be as follows as of May 6, 2013: Gross Wages Deductions Savings Dues Health Fringe Benefits Total Fringes TOTAL PACKAGE Classification JP $ $1.51-4% $6.13 $10.05 $2.60 $0.55 $0.02 $0.10 $19.45 $51.48 DB Pension DC Pension Training Fair Contracting JM+Safety $ $1.51-4% $6.13 $10.05 $2.60 $0.55 $0.02 $0.10 $19.45 $52.48 JP + Safety/Weld $ $1.51-4% $6.13 $10.05 $2.60 $0.55 $0.02 $0.10 $19.45 $ (95%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (90%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (85%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (80%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (75%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (70%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (65%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (60%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (55%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $ (50%) $ $1.51-4% $6.13 $9.05 $2.60 $0.55 $0.02 $0.10 $18.45 $34.47 Industry Fund *Effective June 1, 2010, the sum of five cents ($0.05) per hour is allocated as a contribution to a Plan, administered in accordance with Article 16, hereby established for the purpose of defraying the expenses of apprentices who are separated from employment to attend weeklong apprenticeship school, such contribution shall be remitted to the Plan as established. Total Package will increase by $1.40 on May 5, Total Package will increase by $1.40 on May 4, All fringe benefits are calculated based on hours worked unless otherwise noted. *Any future increase in fringes will reduce the base rate by the same amount. ***Vacation and supplemental dues are taxable fringes, and are calculated based on hours paid. They are added to the base rate to establish the gross taxable rate. The gross taxable rate is subject to payroll taxes. After payroll taxes are deducted, the vacation and supplemental dues contribution is deducted, and remitted to the appropriate trust fund based on hours worked. The difference will remain on the employee's check. B. FOREMAN AND GENERAL FOREMAN. The minimum scale for Foreman shall be $2.25 ($2.50 with UBC Foremen Training) per hour above the Journeyman's scale of wages. The minimum scale for General Foreman shall be $1.75 ($2.00 with UBC Foremen Training) per hour above the Foreman scale. 13 Expires April 30, 2016

14 C. Apprentice Millwright wage rates shall be governed by the provisions of the Twin City Millwrights Joint Apprenticeship Standards. Local 548 Safety and Welding Raise Effective April 28, 2002, employees will receive an additional $1.00/hr. added to their gross taxable rate if they complete and remain current in the required safety classes. Effective June 1, 2010, employees will receive $1.50/hr. added to their gross taxable rate if they complete the OSHA 30 mandatory course as described in section 2 below, and if all other Safety and Welding Raise requirements are met. Requirements: Three Mandatory Courses: All mandatory qualifications for the Local 548 Safety and Welding Raise will expire after four years from date of issue. There are three mandatory subjects in which unexpired qualification is required. Failure to re-qualify shall result in removal of safety raise. 1. Rigging Qualification 40 hour course (32 Rigging & 8 Signaling) offered by the United Brotherhood of Carpenters and Joiners (UBC). The Rigging Qualification expires after four years and effective October 1, 2009, with a one year grace period to take a refresher course. THE LOCAL 548 SAFETY AND WELDING RAISE WILL EXPIRE IMMEDIATELY UPON THE EXPIRATION OF THE RIGGING QUALIFICATION. 2. Millwright Health and Safety 16 Hour Course (MWH&S16) offered by The UBC which also meets the requirements of the OSHA 10 Hour Course in Construction Safety (OSHA 10). The MWH&S16 currently does not expire nor does the OSHA 10 at the issuing agency. FOR THE LOCAL 548 SAFETY RAISE MEMBERS SHALL TAKE A REFRESHER COURSE EVERY FOUR YEARS. The Millwright Health and Safety 16 Qualification expires after four years with a one year grace period to take a refresher course. The MWH&16 Refresher (four hours) will be administered through the Millwright Training Center. The MWH&S 16 will stay into effect until January 1, Effective June 1, 2010, the Millwright Health and Safety 16 Hour Course is replaced as a mandatory course by the OSHA 30 Course. The OSHA 30 Course does not expire at the issuing agency. THE LOCAL 548 SAFETY AND WELDING RAISE MEMBERS SHALL TAKE A REFRESHER (10 hours) EVERY FOUR YEARS (or within four years if mandated by a customer or regulation) with a one year grace period to take a refresher course. The OSHA 30 Course Refresher will be administered through the Millwright Training Center. If the employee does not complete the OSHA 30 by January 1, 2012, they shall not be paid the safety and welding raise. Example: any member that is currently qualified to receive the safety and welding raise based on the requirements for millwright health & safety 16 under the previous contract will be current in their $1.00/hr. safety raise status until their Millwright Health and Safety 16 expires or January 1, 2012, whichever comes first. However, a complete OSHA 30 course will be required. No credit will be given for previous MW H&S16 class. 3. Confined Space Operations (16 hours) offered by the UBC or the Committee to Protect Worker s Rights (CPWR). The Confined Space Course does not expire at the issuing agency. FOR THE LOCAL 548 SAFETY RAISE MEMBERS SHALL TAKE A REFRESHER EVERY FOUR YEARS. The Confined Space Operations Qualification expires after four years and effective October 1, 2009, with a one year grace period to take a refresher course. The Confined Space Operations Refresher (four hours) will be administered through the Millwright Training Center. 14 Expires April 30, 2016

15 Two courses of the Millwright s choosing: There are 7 options. They are First Aid/CPR; Aerial Lift Qualification; MSDS; Scaffold User or Erector (any type); MSHA; Forklift; and an AWS Course and Certification (with a minimum 3G certification) as approved and arranged by the and Millwright JATC. Currently, only the issuing agencies for First Aid/CPR require updating. First Aid expires after three years and CPR after one year. For the Local 548 Safety and Welding raise, First Aid/CPR is considered expired if the refreshers required by the issuing agency are not satisfactorily completed. Hence, Qualification for the Local 548 Safety Raise requires a CPR refresher every year. Implementation Annual. A letter will be sent to all apprentice and journey level millwrights by the director or coordinator of the JATC, around contract anniversary date (May 1) showing their training records and their current Local 548 Safety and Welding Raise status. Monthly. The director or coordinator of the JATC will update the List of Members Qualified for the Local 548 Safety Raise prior to the first day of each month. Notice of Status Change will be sent to Local 548, IMCA members and all local contractors employing millwrights. The Employer must pay employees at the Safety and Welding Raise level when the Employer is notified in writing or by electronic means (dated). The increase is effective as of the date of the notification. The Millwright JATC shall coordinate the Safety and Welding Raise Program. ARTICLE 21 Hours A. The standard work day shall consist of eight (8) hours between the hours of 8:00 a.m., and 4:30 p.m., except by mutual agreement between the Union and the Employer, the hours may be adjusted to an earlier starting time to promote the efficiency of the job. The regular starting and quitting time shall be at the tool room. The standard work week shall consist of forty (40) hours in any one week. When conditions make it necessary to work more than one shift, any extra shifts shall be considered night shifts and shall receive twelve percent (12%) of base rate per hour premium pay. Overtime shall apply to shift work. A meal period of at least one-half (½) hour shall be taken in the middle of all shifts; the same workers shall not work on more than one shift; no shift work shall be started without prior notification to the Union. Overtime worked between the hours of 8:00 a.m., Monday to midnight Friday shall be at the rate of time and one-half. Any work on one shift over eight (8) hours shall be at the rate of time and one-half (1 ½) rate and any work on one shift over twelve (12) hours shall be at the rate of double time. All work done between Saturday midnight and the following Monday at 8:00 a.m. shall be at the rate of double time with the exception of shift work, beginning on Saturday and ending on Sunday, and where the earlier starting time is permitted. The first twelve (12) hours on Saturday shall be at time and one half (1½) rate. All hours worked after twelve (12) hours shall be at the double time rate except if the Saturday is recognized as a holiday. In such case all hours worked shall be paid at the double time rate. 15 Expires April 30, 2016

16 In cases of necessity or where work cannot be done during the regular working hours (such as in buildings where business is being transacted), the day shift may start work at the close of the business day under the rules and hours governing the night shift. B. No Millwright shall work on the following holidays: New Year's Day, Memorial. Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day, unless in case of necessity for which double time shall be paid. When regulations of the Federal Government designate any of the above holidays to be observed on Monday, then Monday shall be celebrated as such by Employees covered under this Agreement. When a Holiday falls on Saturday, the Friday before shall be considered a double time day. When a Holiday falls on Sunday, the Monday following shall be considered a double time day. C. It shall be understood that there shall be no pyramiding of overtime. ARTICLE 22 Travel and Subsistence A. Subsistence pay shall be paid at the rate of $15.00 for each working day on the job, on jobs located more than 55 miles and less than 70 miles from 1295 Hunting Valley Road, St. Paul, MN. Provided that on jobs located 71 to 90 miles from the 1295 Hunting Valley Road, St. Paul, MN, the subsistence rate per working day shall be $ Jobs beyond 91 miles from 1295 Hunting Valley Road, St. Paul, MN subsistence rate per working day shall be $ B. Provided further, that on jobs otherwise requiring subsistence, no employee whose home of record*** is within 55 miles of the job site shall be eligible for subsistence pay. Employees whose home of record is between 55 and 70 miles or beyond 71 miles from the job site shall be paid subsistence as provided in the foregoing paragraph. C. Provided further, that where employees eligible to receive subsistence under the foregoing are required to report to work but are unable to work because of inclement weather or other conditions beyond the control of the Employer, the Employee shall nevertheless receive subsistence pay for that day. D. Provided further, that when a holiday falls on a Tuesday, Wednesday or Thursday, the Employee eligible to receive subsistence pay under the foregoing shall receive subsistence pay for that day. E. Provided further, that mileage is determined by the distance traveled on the most direct route by improved roads. F. Provided further, that all Employees traveling to jobs in subsistence areas will be paid travel time and mileage once at the time of hiring and once at the time of lay-off. Mileage and travel time payments shall be calculated from 1295 Hunting Valley Road, St. Paul, MN or "home of record,"*** whichever is closer. This provision shall not affect employee's eligibility for subsistence. G. Provided further, that on one day jobs where travel time and mileage, if applicable, is paid, subsistence will not be paid. Mileage will not be paid if the Employer provided transportation. The Employer has the option of providing transportation or paying mileage. H. Travel time for subsistence zones shall be at the rate of one (1) hour straight time pay for each sixty (60) miles traveled. Mileage shall be at the federal rate per mile. An employee who voluntarily quits shall not receive return mileage or travel time, but shall receive subsistence for the last full day worked. 16 Expires April 30, 2016

17 I. For the purpose of the Wage and Hours Regulations, travel time shall be paid at straight time rate on employees pay check. Subsistence and mileage shall be paid on a separate check apart from wages. J. Parking. Paid parking by Employer. Employee must turn in receipt. If Employer furnishes a ride to and from the job site from offsite free parking area, employee shall not be paid for parking. K. The Union and Employers by mutual agreement, may modify or waive any provisions within this Article on a project basis in order to allow any signatory Employer to compete on the project. The Employer must contact the Union prior to bid to request a modification. IMCA shall be notified of all modifications. These modifications shall be communicated on the same basis as the Union s market recovery program. ***Home of record is defined as the Employee's permanent domicile as recorded on official Union records, subject to verification by the Union. ARTICLE 23 Foreman and General Foreman When two or more Millwrights are employed on any one job, one of the journeymen shall be designated as foreman. The foreman shall be a working foreman. The crew size under the direction of any one foreman shall be any number of workers required to safely perform the work and may be increased or decreased at the discretion of the Employer. The Employer recognizes that there are limitations as to the number of workers the foreman can efficiently supervise and still work with his tools. When Millwrights are working at multiple sites in the same complex for the same customer, it is not necessary to have a foreman for each site. Foreman rate: General Foreman rate: $2.25 over journeyman scale ($2.50 with UBC Foremen Training) $1.75 over Foreman rate ($2.00 with UBC Foremen Training) ARTICLE 24 Stewards A. The Union Representative shall have the right to designate a Steward from the out of work book, and shall notify the Employer, or its representative on the job. B. The Steward shall not be docked for time spent in giving assistance to injured workers or caring for his tools or clothing. C. The Steward shall not be discharged or transferred for performing the normal duties of a Steward in a reasonable manner. D. The Steward shall not be terminated except on completion of the job, unless requested by Employer and as deemed necessary by the Business Representative or pending a hearing to be held before a committee composed of a Representative of the Employer and a Representative of the Union. Such hearing will be held within two (2) working days of said notice. 17 Expires April 30, 2016