Pre-Engineered Pre-Manufactured Building Agreement_1_

Document Sample
Pre-Engineered Pre-Manufactured Building Agreement_1_ Powered By Docstoc
					 All language in this draft except Article 23 agreed to in negotiations on
                               Jan 15. 2007


          Pre-Engineered Pre-Manufactured Building Agreement
This agreement entered into this 1st day of February, 2007, between Lee Reger Builds,
Inc. hereafter called the “Employer” and the Mid-Atlantic Regional Council of
Carpenters, West Virginia District, Hereafter called the “Union”.



                                         Article 1
                                         Purpose
It is acknowledged by the parties to the Agreement that it is in the best interest of the Pre-
Engineered Pre-Manufactured Building Industry to stabilize wages, rates, hours, and
working conditions to create an available pool of labor for which skilled and proficient
craftsmen shall be provided, and to institute measures for training journeymen and
trainees to meet the needs of this segment of the industry.



                                     Article 2
                                 Terms of Agreement
All employers desiring to work under the terms of this Agreement shall be signatory to
the Master Collective Bargaining Agreements as negotiated by and between the
Construction Employers Association of North Central WV and the Mid-Atlantic Regional
Council of Carpenters, WV District, or any other Master Agreements in force elsewhere
within the WV District of the Mid-Atlantic Regional Council of Carpenters.

All provisions of the Agreement shall become effective as of February 1, 2007, and shall
continue in effect until midnight, January 31, 2010. It is further agreed that this
Agreement shall continue in full force and effect from year to year thereafter unless either
the Union of the Employer shall notify the other in writing, at least sixty (60) days prior
to the termination date thereof or any subsequent year of his desire or intention to amend,
modify, or terminate this agreement; or upon termination of the standard Collective
Bargaining Agreement.



                                        Article 3
                                       Recognition
The employer recognizes the Union as the sole Collective Bargaining Agent for foremen,
Journeymen, and Trainees who perform work in the matter of wages, hours of work, and
all other working conditions, excluding however, all supervisors as defined by the Labor-
Management Act of 1947, as amended.

                                       Article 4
                                     Area Covered
The Agreement enforces the geographical area previously awarded the various Carpenter
Local Unions within the jurisdictional area of the Mid-Atlantic Regional Council of
Carpenter, WV District.



                                   Article 5
                   Union Security and Mobility of Employees
All employees who are presently members of the Union shall maintain their good
standing membership in the Union in order to continue their employment. All new
employees, on the Thirtieth (30th) day following their employment, or the execution date
or effective date of the Agreement, which ever is the latter, shall become and remain
members in good standing in the union in Order to continue their employment, all to be
applied and enforced in accordance with the provisions of the National Labor Relations
Act, as amended. Nothing in the Agreements to be construed as infringing upon the
unions right, as expressed in Section 8 (b) of the National Labor Relations Act, as
amended, to prescribe its own rules with respect to the acquisition and retention of the
membership therein.

In consideration of the foregoing, the union agrees to furnish competent employees to the
employer upon his request.

Employees shall have the mobility throughout the territorial jurisdiction as previously
stated and recognized.



                                 Article 6
                Equal Representation and Non-discrimination
The parties agree that there shall be no discrimination the employment, hiring, and
training of employees in the bargaining unit, regardless of race, creed, color, age, or sex.




                                         Article 7
                             Grievance and Arbitration
The Union agrees that during the life of this Agreement, it will not authorize, instigate,
cause or take part in any strike or work stoppage, except as hereinafter expressly
provided. The union reserves the right to strike in any instance of non-payment of wages
and or fringe benefits, after reasonable notice is given to the employer by the Union.
Reasonable notice shall mean five (5) working days.

Should any dispute arise as to the interpretation application or claimed violation of any
provisions of this contract, the dispute shall be settled in the following manner:

   A. The employer’s designated representative and the union steward shall meet to
      discuss the dispute and attempt to render a decision within twenty four (24) hours
      from the time the dispute in brought to the other party’s attention.
   B. If no agreement is reached in step (a) above, the union’s Business Representative
      and the employer’s designated representative shall meet within twenty four (24)
      hours in effort to resolve the dispute.
   C. If no agreement is reached in step (B) above, the Business representative of the
      union as noted herein and the employer or their designated representative shall
      meet within twenty four (24) hours in an effort to resolve the dispute.
   D. If the dispute is not resolved in step (C) above, the matter shall be submitted to
      the Joint Arbitration Committee for determination upon the written request of
      either the union or the employer. The Joint Arbitration Committee shall meet
      within forty eight (48) hours after such a request is made in an effort to resolve
      the dispute.
   E. In the event a grievance is not satisfactorily settled, the union or the employer
      may elect to submit such grievance to impartial arbitration by notifying the other
      party in writing to that effect. After a grievance has been referred to impartial
      arbitration, such impartial arbitrator shall be selected from a list of seven (7)
      arbitrators to be furnished by the Federal Mediation and Conciliation Service or
      the American Arbitration Association. Said selection to be affected by the parties
      alternately striking names from the list and the person whose name remains on the
      list after six (6) having been so stricken shall be the impartial arbitrator. Such
      selection of the impartial arbitrator shall be affected with five (5) days (excluding
      Saturdays, Sundays, and Holidays) after receipt of the list from the Federal
      Mediation and Conciliation Service or American Arbitration Association.

The award of the impartial arbitrator shall be final and binding on all parties and shall be
enforceable in a court of law or equity. The impartial arbitrator shall have authority only
to interpret and apply the provisions of the contract and he shall have no authority to add
tom detract from, or alter its terms.




                                        Article 8
                                         Tools
All employees shall supply their own hand tools which may be required of their particular
trade; power tools shall be supplied by the employer. All employees shall bring their
tools on the job in condition to begin work, after which the must keep them in working
condition. Prior to lay-off or discharge, the employee must be given one (1) hour notice
by the employer; time which shall be spent in collecting tools. However, when such
employees are discharged for misconduct, insubordination or other disregard to
discharging their duties, they shall be paid only for the time actually worked and will not
be entitled to the one (1) hour notice. Theft and willful abuse of tools and equipment
shall not be tolerated.

Tools required to be supplied by the employee:

Carpentry work:
    1 - 20 oz. straight claw hammer
    1 – 25ft minimum 1” wide tape measure
    2 – pencils
    1 – Combination square, tri square or speed square
    1 – chalk box with 100’ of string
    1 – cats paw, pig knuckle or similar nail pulling bar
    1 – screwdriver with interchangeable bits, 2 straight bits and 2 Phillips
    1 – yellow Weiss tin snips
    1 – 8” or 10” adjustable wrench
    1 – 8” Lineman’s Pliers (side cuts)
    1 – tool belt suitable for the tools above with pockets for nails, bolts, etc.
    1 – lockable tool box with employee’s name written on the outside and a padlock

Concrete work:
   1 – steel trowel
   1 – magnesium hand float
   1 - hand edger

Metal building tools:
   2 – spud wrenches, 1-7/8” and 1-1/4”
   1 – bull pin
   1 – 2 lb. or 4 lb. sledge hammer




                                       Article 9
                                      Jurisdiction
The type of work covered by this Agreement is as follows: a pre-engineered/pre-
manufactured buildings that has a total non-pre-determined construction cost of one
million dollars ($1,000,000) or less total project cost.
If at any time the wage rate and fringe benefits of any project are pre-determined higher
than those contained in this agreement by any government agency, or other Collective
Bargaining Agreement, the higher rate and fringe benefits shall apply.

It is understood by both the Union and the Employer that Health and Welfare and
Pension payments made on behalf of an employee, will be made at the rate of the
applicable agreement. If the project agreement requires the higher Health and Welfare
and Pension rate the higher rate will be paid and will be credited to the employee’s
account at that rate, however the Health and Welfare plan and cost called for in this
agreement shall be constant and will be the plan used by the employee regardless of the
project or agreement being worked. All amounts paid by any other agreement in excess
of the amounts required by this agreement shall be credited to the employees account.

Other non-pre-determined wage rate jobs in excess of one million dollars ($1,000,000)
may be covered by this Agreement by mutual agreement between the union and the
employer/contractor. The type of work considered (but not limited to) to be pre-
engineered/pre-manufactured buildings not to exceed three (3) stories, churches, funeral
homes, community, fraternal or multi-purpose buildings, night clubs, dance halls, pool
halls, restaurants, fast food outlets, skating rinks, storage facilities, office facilities, barber
& beauty shops, service stations and pole buildings. No industrial work is covered by
this agreement.


                                          Article 10
                                          Stewards
The union shall reserve the right to appoint or place a steward for the employer.

The steward shall remain on the job all hours that work is being done and shall be exempt
from lay-offs, unless all employees are laid off. He shall be allowed sufficient time to
perform his duties and shall not be discharged because of his activities in enforcing this
agreement.

His employment may only be terminated of a complaint has been filed with the union;
and after a review of the complaint by the employer and the union, he is found
incompetent.

When Saturday is deemed a make-up day and the steward has already obtained his forty
(40) hours for that pay week, then a temporary steward may be assigned for the make-up
day by the union. The steward shall have the right to look at all paychecks.



                                    Article 11
                         Union’s Right to Visit Work Areas
It is agreed that the authorized representatives of the union shall have the privilege at any
time during work hours, of going through any shops or buildings wherever work has
been, or is being performed, to transact whatever legitimate business he may have.



                                     Article 12
                                Subcontractors Clause
The employer will not subcontract any work within the jurisdiction of the union which is
to be performed at the job site except to a contractor who holds a current Master
Agreement with the union named herein or one of its subordinate bodies.

                                        Article 13
                                         Safety
The employer and the union hereby recognize and are bound by the standards and
policies of the Federal Occupational Safety and Health Act (OSHA). When an employee
is injured on the job, it is the responsibility of the employer to provide first aid and
transportation to the nearest hospital or physician.



                                     Article 14
                                 Working Conditions
The employer shall supply a clean container of cold drinking water and disposable cups
on the job at all times and shall maintain same. The employer shall also supply ice from
April 1st to October 15th or in warm temperatures of 60 degrees or above indoors and
outdoors.

Suitable and sanitary toilet facilities shall be provided at all times to comply with State
and Federal laws.

The union employees shall receive a ten (10) minute coffee break midway between
starting time and lunch time. The coffee break is to be in the area where the work is
being performed. (When four (4) – tem (10) hour days are utilized in addition to the
morning coffee break, there will also be an afternoon break, Taken at the work station;
midway between lunch and quitting time.)

Employers shall be required to supply protective apparatus, including safety goggles,
masks and gloves where necessary and when employees will be working with materials
which require use of such terms.

All special equipment, including safety equipment, shall be furnished by the employer,
and must comply with all Local, State, and Federal regulations.
                                       Article 15
                                     Hours of Work
Eight (8) hours shall constitute a day’s work, between the hours of 7:00 AM and 5:00
PM, community time, with one-half (1/2) hour off for the lunch period, between 11:00
AM and 12:30 PM, Monday through Friday, inclusive. However, if work is held up
because of weather, holidays, or other unavoidable delay, employees may work up to
eight (8) hours on Saturday at the regular rate to make up and complete a forty (40) hour
week.

In either instance of working an eight (8) hour shift or a ten (10) hour shift, this provision
shall be by voluntary agreement between the employer and the employee after prior
notice has been given to the Business Manager. It is the intent and purpose of the Article
to permit employees who have not achieved a full forty (40) hours during the normal
work week to do so.



                                        Article 16
                                        Holidays
The following days shall be deemed holidays: New Years Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, and
Christmas Day. Good Friday and Veterans Day, by giving notice to his employer no later
than quitting time on the preceding evening, any employee covered by this Agreement
may be absent himself from work without prejudice. Holidays that fall on Saturday shall
be observed on the prior Friday and Holidays that fall on Sunday shall be observed on the
following Monday.

The above mentioned holidays shall be observed by the federal recognition and
designation and any work performed on such day shall be paid for at double the regular
rate.

Under no circumstances will trading or swapping of holidays be permitted. Observance
of all holidays will be required as they are recognized and scheduled to be observed.



                                       Article 17
                                 Field Dues Check-off
Upon receipt of an employee’s written authorization, a duplication or copy of which shall
be submitted to the union and which will be irrevocable for a period of one year from the
date of its signing, or the termination date of the Agreement, whichever occurs sooner,
the employer agrees to deduct from the employee’s pay any initiation fees, dues and/or
assessments that are certified to the employer by the Union as being required of all
members to obtain and maintain membership in the union.
In addition, the company agrees to deduct local dues quarterly for their employees. Such
deductions by the employer shall be remitted to the union on forms supplied by the union
in the same manner in which the above and other contributions are made.

Note: Health and Welfare and Pension shall be paid as spelled out in Article 9 of this
agreement.



                                  Article 18
                Union’s Right to Strike Delinquent Employers
During the terms of the Agreement, there shall be no strike, work stoppage, lockout of
any other interference with or impeding of work, except as hereinafter expressly
provided:
       The union reserves the right to strike in any instance of non-payment of wages
       and/or fringe benefits, after reasonable notice is given the employer by the
       business Manager of such union. (Reasonable notice shall mean five (5) working
       days following such notice.)

No employee shall participate in any such illegal activity and the union will not
authorize, instigate, aid or condone any such activity. Upon notification by the employer
that a violation of this Article exists or is threatened, the union shall take the necessary
action to prevent or terminate such action or conduct in violation of this Article.
Enforcement of the conditions under this Article shall be conditioned upon such parties
agreeing to abide by Article 7: Grievance and Arbitration.




                                     Article 19
                                  Payment of Wages
Employees shall receive their wages weekly in cash, or by check when permitted by the
union, on the job prior to the end of their established weekly pay-day, or on the
proceeding work day, whenever the regular pay day falls on a recognized holiday on
which the banks are closed. The employer shall not withhold more than three (3) days
following the termination of the pay period.

The pay envelope, or check stub, when permitted, shall show the name and address of the
employer, the name of the employee, number of hours worked and gross wages earned.



                                   Article 20
                         Contract Conditions Applicable
It is agreed by the employer and the signatory union hereto that all terms and conditions
and appendices outlines within this Agreement shall remain fixed with no additions,
deletions, and/or modifications for the duration of this Agreement unless agreed upon
mutually by both employer and the union. In the event any such additions, deletions,
and/or modifications may take place, such changes will be extended to all craft unions
signatory to this Agreement.

                                     Article 21
                                Discharge Language
The employer shall not discharge any journeyman, or trainee without just cause. Any
discharged carpenter employee may request an investigation as to the reason for his
discharge. Should the investigation prove that an injustice has been done the carpenter
employee shall be reinstated and compensated at his usual rate of pay while he has been
out of work. An appeal from the discharge must be taken within five days by written
notice and a decision reached between the representatives of the union and the employer
within ten days from the date of discharge. Failure to reach an agreement will necessitate
submitting the discharge to the arbitration board provided herein.


                                     Article 22
                                    Miscellaneous

1.) The Company at its discretion may pay straight time wages during training classes.
Pay for classes may be applied based on terms that will be spelled out prior to said
classes.
The Union agrees in conjunction with the Joint Apprenticeship and Training Committee
to provide classes as agreed to by both the Union and the Employer under the terms and
conditions provided for in this agreement. Additional classes will be provided under the
terms and conditions agreed to by both the Employer and the Union.

2.) Per Diem for out of town work will be $25.00 per night for duration of contract.

3.) Hotel rooms will be paid for by the company on out of town work except those
projects which fall under the Master Agreement Prevailing Wage.

4.) The company agrees to lay-offs by seniority whenever possible.

5.) The company agrees that truck drivers are paid travel time during all hours of
operation. To be eligible for this pay and employee must be legally qualified to operate
the motor vehicle being used. In addition the Employer encourages employees to try to
divide up th driving time in a manner that is fair to everyone. This provision does not
apply to any work performed under the master agreement.

6.) The company agrees that all employees involved in loading or unloading of trucks or
any other form of work prior to departure of the truck will be compensated for their time.
                                     Article 23
                                  Wages and Benefits

           Wages not settled at this time. See attached proposeal


Hourly Rate $                 $              $           Exp. Contract
H&W         $
Pension     $
Appr. Fund $


                                      Article 24
                                  Trainee Language
The standards of the Pre-engineered Pre-manufactured Building Agreement shall be as
follows:

Trainee Wage Rates:
1st level – 500 OJT hours plus one approved class    60 % plus full benefits
2nd level – 500 OJT hours plus one approved class    70% plus full benefits
3rd level – 500 OPT hours plus one approved class    80% plus full benefits
4th level – 500 OJT hours plus one approved class    90% plus full benefits

Training for the Trainee shall be confined to On the Job Training. If after 1000 OJT
hours worked under the PPBA, the Trainee shall be have the right to petition the MARCC
– WV JATC for placement into the standardized, registered apprenticeship. Until such
time as the Trainee reaches 1000 OJT hours they shall be bound by the terms of the
PPBA.

Any work performed under prevailing wage law shall utilize registered apprentices.
Trainees are not eligible for work on such projects unless they receive the prevailing
journeyman rate.

                                       Article 25



Lee Reger Builds
Box 1872
Shinnston WV 26431

304 592-2083 - Phone
_______________________________________________
Lee Reger, President
Lee Reger Builds




________________________________________________
Paul L. Shaffer II, Service Representative Local #1070
MARCC - WV District Carpenters




________________________________________________
M. Scott Brewer, Service Representative
Negotiating Committee
MARCC – WV District Carpenters



________________________________________________
Marcus W. Estlack, District Manager
MARCC - WV District Carpenters

				
DOCUMENT INFO