Attachment_6-_CBA_Local_9.pdf

torr ecti~e ];argaining 'Agreement

Between

LOCAL UNION NO. 9 OF THE UNITED ASSOCIATION

OF JOURNEYMEN AND APPRENTICES OF

THE PLUMBING AND PIPEFITTING INDUSTRY OF

THE UNITED STATES AND CANADA, AFL-CIO

and

MECHANICAL CONTRACTORS ASSOCIATION

OF NEW JERSEY, INC.

July 1, 2016 to June 30, 2020

~ ®,~120

ARTICLE I

ARTICLE II

ARTICLE Ill

ARTICLE IV

ARTICLE V

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX

ARTICLE X

ARTICLE XI

ARTICLE XII

ARTICLE XIII

ARTICLE XIV

ARTICLE xv

ARTICLE XVI

ARTICLE XVII

ARTICLE XVIII

ARTICLE XIX

ARTICLE xx

ARTICLE XXI

ARTICLE XXII

ARTICLE XXIII

ARTICLE XXIV

ARTICLE XXV

ARTICLE XXVI

ARTICLE XXVII

ARTICLE XXVIII

ARTICLE XXIX

ARTICLE XXX

SCHEDULE A

SCHEDULE B

TABLE OF CONTENTS

Length and Purpose of Agreement Geographic Jurisdiction Economic Package Recognition Union Security Management Rights Trade or Work Jurisdiction No Strike, No Lockout Grievance and Arbitration Procedure Referral and Hiring of Journeymen and Apprentices Wages Hours of Work, Overtime, Holidays, and Shift Work Payday, Accountability and Termination Supervision Personal Fund Welfare Fund Pension Fund Surety Fund Education Fund .. .. ..... ... .. .... , Industry Fund International Training Fund Bonding Provisions Work Rules and Miscellaneous Provisions

23.1 Work Rules

23.2 Reporting Pay

23.3 Foul Weather

23.4 Emergency Situation

23.5 Overtime Meals

23.6 Premium Pay - Holidays

23.7 Travel Pay

23.8 Temporary Heat

23.9 Unemployment Insurance, Etc

23.10 Tools

23.11 Sanitary Facilities

23.12 Responsible Union Officers

23.13 Handling Tools

23.14 Ownership

23.15 Employee's Vehicle

23.16 No Lumping

23.17 Welding Test Failures

Fabrication Safety Subcontracting Check-Off of Working Assessment .......................................................................... ....... :

Industry Advancement Fund Benevolence Fund Duration, Termination and Renewal of Agreement Geographical Map............................................ ....... ........ ........... .... ..... ....... ........... Inside Covers Work Jurisdiction

SCHEDULE C Nuclear Generation Project Work Rules SCHEDULE D Maintenance Work SCHEDULE E Residential Work

PLUMBERS AND PIPEFITTERS NATIONAL PENSION FUND

UNITED ASSOCIATION STANDARD FOR EXCELLENCE

STANDARD FOR EXCELLENCE

MEMORANDUM OF AGREEMENT

l

?tgreement It is mutually understood that the public can best be served and progress maintained and furthered in the

Plumbing and Pipefitting Industry only if there is a sound, reasonable and harmonious working arrangement between the Employer and Employee. This Agreement, therefore, is made and entered into by and between the Mechanical Contractors Association of New Jersey, Inc. (hereinafter the "Association") for and on behalf of all mechanical contractors who, in writing, have authorized the Association to serve as their Collective Bargaining Agent (hereinafter referred to as ("Employers"), and Local Union 9 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (hereinafter the "Union").

ARTICLE I

LENGTH AND PURPOSE OF AGREEMENT

Section 1.1 This Agreement made this 1st day of July, 2016, shall be effective from July 1, 2016, to June 30, 2020.

Section 1.2 The purpose of this agreement is to establish the wages, hours and other conditions of employment, and to establish rules and procedures for the settlement of disputes and differences between the parties and to secure at all times a sufficiency of skilled journeymen so that the Employer may have sufficient capable employees and the employees may have as much continuous employment as possible, thereby preventing waste and unnecessary expenses, annoyance or delay caused by strikes, lockouts or other labor-management disputes.

ARTICLE II

GEOGRAPHIC JURISDICTION

Section 2.1 The jurisdictional area covered by this Agreement is the same territorial jurisdiction allocated to the local union by the United Association:

The Mid-Jersey Area consisting of all of Middlesex County, Monmouth County, Mercer County and portions of Burlington, Hunterdon, Ocean and Somerset Counties, as that jurisdiction is delineated on "Schedule A" annexed hereto.

Section 3.1 JOURNEYMEN

ARTICLE Ill

ECONOMIC PACKAGE

Wages per hour, including Personal Fund Welfare Fund contribution per hour Pension Fund contribution per hour Education Fund contribution per hour Industry Fund contribution per hour International Training Fund contribution per hour Surety Fund contribution per hour

Effective 7 /1 /16 - 06/30/17 $47.47 15.66 10.20

1.45 .30 .10

8.10

Total package cost per hour $83.28

Effective July 1, 2017 the total package per hour shall be increased to $85.38. Prior to June 1, 2017, the Union shall determine the allocation amongst wages and the several fringe benefit funds of the $2.1 O per hour increase agreed upon.

Effective July 1, 2018 the total package per hour shall be increased to $87.60. Prior to June 1, 2018, the Union shall determine the allocation amongst wages and the several fringe benefit funds of the $2.22 per hour increase agreed upon.

Effective July 1, 2019 the total package per hour shall be increased to $89.82. Prior to June 1, 2019, the Union shall determine the allocation amongst wages and the several fringe benefit funds of the $2.22 per hour increase agreed upon.

Section 3.2a APPRENTICES Wages and Fringe Benefit Contributions to all Apprentices enrolled in the program after July 1, 201 O shall be paid at the following rates:

First Year 35% of Journeyman Wage and Fringe Contribution Rates Second Year 45% of Journeyman Wage and Fringe Contribution Rates Third Year 55% of Journeyman Wage and Fringe Contribution Rates Fourth Year 65% of Journeyman Wage and Fringe Contribution Rates Fifth Year 75% of Journeyman Wage and Fringe Contribution Rates except for Welfare Fund contributions which shall be in the some dollar amounts as for Journeymen.

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Section 3.2b Local 9 recognizes that a Plumbing license is needed only up to 3 feet outside of the building.

Local 9 will establish a wage rate for utility work, which will include sanitary, storm and potable water only. This work will be for prevailing wage sites, whether it is federal or state only, unless the Business Manager grants permission to institute this policy on a job-to-job basis only. It will not include pharmaceutical, refineries, sewer, water treatment or chemical plants. For the aforementioned work, Local S's full benefits will be paid to the individual, and the hourly wage will be established by the prevailing wage for that type of utility work. Example of wages base upon July 1, 2016:

Prevailing wages for the aforementioned work is $65.23 Local 9 wages would be $35.81 in fringes and $29.42 in hourly rate.

Effective September 1, 2016 the total package per hour for the aforementioned work will be $66.33.

Effective March 1, 2017 the total package per hour for the aforementioned work will be $68.73.

Future allocations will be detailed in a separate document.

Section 3.3 HOLIDAYS AND OVERTIME 3.3(a) All time worked before and after the established work day of eight (8) hours -Monday through Friday and all work on Saturday shall be paid for at the rate of time and one-half (1 .5X) the total economic package cost per hour.

All time worked on Sunday or holidays, as listed in Section 23.6 (a), shall be paid at double (2X) the total economic package cost per hour.

3.3(b) All holidays falling on a Sunday are observed on Monday. Any work performed on that Monday will be paid at the rate of double (2x) the total economic package cost per hour. Any work performed on a Holiday that falls on a Saturday shall be paid at the rate of double time (2X) on the total economic package cost per hour

3.3(b-1) All Sundays, New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veteran's Day. Thanksgiving Day and Christmas Day shall be paid for at the rate of double time.

ARTICLE IV

RECOGNITION

Section 4.1 The Association and the Employers hereby recognize the Union as the sole and exclusive bargaining agent for all of their employees performing any work covered by this Agreement and employed by the Employer in the geographical territory of the Union as defined in Article II (hereinafter "Employees"). Employees represented by the Union shall perform all plumbing and pipefitting work or services of the Employer as defined in Article VII, in whole or in part, to the exclusion of all other employees. Excluded from the bargaining unit as Employees shall be all persons who own and control any mechanical contracting business or who are executive officers of any corporation engaged in the mechanical contracting business and all persons who are not fully competent and qualified to perform the work or services or any portion thereof defined in Article VII.

Section 4.2 The Union and the Employees hereby recognize the Association as the sole and exclusive bargaining agent for all of its Employer members and for those non-member mechanical contractors that have furnished the Asso ciation with Collective Bargaining Authorizations as to plumbing and pipefitting work to be performed in the geographical jurisdiction of the Union.

Section 4.3 The Employer and the Union agree there shall be no discrimination against any employee because of race, color, religion, sex, national origin, disability or for other reasons prohibited by applicable Federal or state law

ARTICLE V

UNION SECURITY

Section 5.1 All employees, members of the Union, now in the employ of the Employer shall remain members in good standing in the Union during the term of this Agreement. All employees covered by this Agreement, hereinafter employed by the Employer, shall become members of the Union on the earliest date provided by applicable Federal Law after their employment, or the date of the Agreement, whichever is later, and shall remain members of the Union in good standing during the term of this Agreement. (This clause shall be effective only in those states permitting union security.)

In interpreting good standing, an Employer shall not discharge any employee for non-membership in the Union:

(a) If they have reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (b) that the Employer has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership. Where the Union requests the discharge of an employee pursuant to this Section, the Union shall , if requested, provide information substantiating that an employee has failed to comply with the membership requirements of this section .

Section 5.2 Whenever and to the extent that Article V of this Agreement establishing Union membership as a condition of employment is or becomes inapplicable by reason of the law of any state, all journeyman and apprentices now in the employ of the Employer or hereinafter employed by the Employer shall have the right to join, not join, maintain or drop their membership in the Union as they see fit. Neither party shall cause or attempt to cause any discrimination against any journeyman or apprentice as regards such matters.

Should an employee choose not to become or remain a member of the Union, they shall, as a condition of continued employment, pay to the Union as support to and compensation of the Union in exchange for representation

- 2 -by the Union an amount of money equal to that paid by the other employees who are members of the Union, which shall be limited to an amount of money equal to the Union's regular and usual initiation fees and its regular and usual dues and its general and uniform assessments. All employees, members of the Union, now in the employ of the Employer, shall commence such payments the day following the date of their withdrawal from the Union and shall continue such payments during the term of the Agreement. Al l employees, hereinafter employed by the Employer, shall commence such payments on the earliest date provided by applicable Federal law for requiring Union membership after employment or the date of the Agreement, whichever is later, and shall continue such payments during the term of this Agreement.

Section 5.3 Either party to this Agreement shal l have the right to reopen the negotiations pertaining to Union Security when the Federal Laws applicable thereto have been changed by giving the other party thirty days written notice.

ARTICLE VI

MANAGEMENT RIGHTS

Section 6.1 It is the intent of all parties to this Agreement that the employee will furnish a fair day's work for a day's pay.

Section 6.2 The management of their operation and the direction of the working force are exclusively reserved to the Employer on the job sites and in the shop, except as limited by the provisions of this Agreement. Employees shall observe the employer's rules and regulations not inconsistent with this Agreement.

Section 6.3 Work performed by the employer and/or employees under this Agreement shal l be done in compliance with the Occupational Safety and Health Act and all applicable regulations adopted under this statute.

ARTICLE VII

TRADE OR WORK JURISDICTION

Section 7.1 This Agreement covers the rates of pay, hours, and working conditions of all employees engaged in the installation of all plumbing and/or pipe fitting systems and component parts thereof, including fabrication, assem bling, erection, installation, testing, balancing, dismantling, repairing, reconditioning, adjusting, altering, servicing· and handling, unloading, distributing, tying on and hoisting of all piping materials, by any method, including all hangers and supports of every description and all other work included in the trade jurisdiction of the United Association, as set forth in "Schedule B" which is incorporated herein and made a part of this Agreement.

Section 7.2 Equipment used on building and construction work in conjunction with the work of the trade, as a time and labor saving device, shall be operated and maintained by employees covered by this Agreement.

Section 7.3 The operation and maintenance of pumps, air compressor and welding machines when used in con junction with work covered by this Agreement shall be done by employees covered by this Agreement. The laying out of location lines and grades, testing and balancing of all plumbing and pipefitting systems or component parts thereof shall be done by employees covered by this Agreement.

Section 7.4 It is understood that the settlement of jurisdictional disputes with other Building Trades organizations shall be adjusted in accordance with the procedure established by the Impartial Jurisdictional Disputes Board or any successor agency of the Building and Construction Trades Department.

Section 7.5 It is understood that a trade or craft dispute in a United Association local union or between two or more United Association local unions shall be adjusted and decided in accordance with the procedure established in Section 4 of the Constitution of the United Association, revised and amended August 16-20, 1976.

Section 7.6 There shall be no work stoppage because of jurisdictional disputes.

Section 7.7 The Employer agrees that it will assign to the journeymen and apprentices in the Bargaining Unit that work set forth in Section 7.1 above, provided the Employer is able to obtain such work. The Employer agrees that it will faithfully exert every effort to contract for all of such work from any person, firm or corporation with whom it enters into agreement to perform work as above defined. If signed contractors intend to sub-contract work that belongs to the United Association, the Business Agent must be notified in advance.

Section 7.8 The Employers, and all other employers who are signatory to this Agreement, understand and agree, that if any of their officers, directors, partners, proprietors, members, or managers have an ownership interest in another corporation, company, partnership, limited liability company, limited liability partnership, proprietorship or other business entity and that business entity is performing any work defined in Section 7.1 hereof, all other terms and conditions of this Agreement, including but not limited to the Economic Package (Article Ill), shall be applicable to the Employees performing that work and the Employers and signatory employers shall be responsible for compliance with the Agreement.

ARTICLE VIII

NO STRIKE, NO LOCKOUT

Section 8.1 During the term of this Agreement, each of the signatory parties agrees that there will be no strikes, work stoppages or lockouts by members of the Union or by the Employer provided, however, the Union may strike where an Employer fails to pay wages in full and on time or the Union has been advised by the administrative officer of the fringe benefit funds in accordance with Article XXI I, that an Employer is delinquent in the payment of fringe benefits.

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Section 8.2 Employees in the bargaining unit reserve the right to refuse to cross any picket line where doing so might result in the infliction to them of bodily harm, possible damage to their property, or where such result may be reasonably anticipated by them in their judgment; and either of such refusals by the employees individually or collec tively shall in no way make the bargaining agent or its representatives responsible for damages to the Employer in law or in equity or before any Government Agency having jurisdiction over the subject matter.

Section 8.3 This no strike, no lockout commitment is based upon the agreement by both parties to be bound by the grievance and arbitration provisions of this Agreement.

ARTICLE IX

GRIEVANCE AND ARBITRATION PROCEDURE

Section 9.1 All grievances and disputes as to the interpretation and application of this Agreement between the Union and the Association or any employer covered by this Agreement, other than trade jurisdictional disputes arising under Sections 7.5, 7.6 shall be adjusted as follows:

Step No. 1: The grievance or dispute shall first be discussed between the Business Manager of the Union and the designated representative of the Association or the Employer.

Step No. 2: In the event the matter is not resolved in Step No. 1 within seven (7) business days after notice is given by the grieving party to the other, it shall then be referred by either the Association, the Employer or the Union to the Joint Conference Committee (JCC) - the JCC shall be composed of three (3) persons appointed by the Association and three (3) persons appointed by the Union to serve until their resignations or until their successors are appointed and accept the appointment - the JCC shall meet within forty-eight (48) hours after the Chairman or Co-Chairman of the Committee has been notified of the continuance of the grievance or dispute. Contractors serving as Association representatives on the Joint Conference Committee shall be restricted to contractors having a place of business with the territorial jurisdiction of the Union and in the discretion of the Association, its Executive Director. A quorum of four (4) members of the JCC shall be required. All decisions shall be by majority vote, provided, however, that if there is an unequal number of employer representatives and Union representatives present, the group which is less in number shall be entitled to the number of votes equal to the group having the larger number. All decisions by the JCC by majority or greater vote shall be final and binding on all parties involved.

Step No. 3: Except as otherwise provided in Section 9.2, if the JCC does not resolve the grievance or dispute within seven (7) business days after the close of its meeting or if the JCC does not meet within the time set forth, the grievance or dispute shall proceed to binding arbitration as follows:

(a) The grieving party shall submit a written petition setting forth:

1. Question or questions at issue.

2. Statement of Facts.

3. Position of Association or Employer.

4. Position of Union.

(b) the opposing party shall serve upon the grieving party its answer setting forth its version of the issues, facts and position of the parties within five (5) days from service of the petition. In each case, service shall be made by Cer tified Mail, Return Receipt Requested.

(c) The Arbitrator shall be selected pursuant to the rules of the American Arbitration Association.

(d) Hearing shall be held upon five (5) days call of the Arbitrator within twenty (20) days of the designation of the

Arbitrator, provided that upon written consent of both parties, the hearing may be adjourned beyond the twenty day period with the approval of the Arbitrator.

(e) The Arbitrator shall render their decision and submit the same in writing to the parties within ten (10) days of the hearing concluded. The decision shall be final and binding upon the parties hereto, the employees, and the Employer involved.

(f) The authority of the Arbitrator shall be limited to interpretation and application of the collective bargaining agreement. They shall have no authority to add to or subtract from, modify, or revoke its terms.

(g) The Arbitrator's fees and expenses shall be shared equally by both parties. The expenses of each party shall be borne by the party incurring them.

(h) Each grievance will be arbitrated separately.

Section 9.2 Any time limits provided for in the grievance and arbitration procedure set forth in this Article may be waived or extended by mutual agreement between the Union and the Association.

ARTICLEX

REFERRAL AND HIRING OF JOURNEYMEN AND APPRENTICES

Section 10.1 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 10.2 The Union shall be the sole and exclusive source of referral of applicants for employment and shall maintain and operate at its sole expense the hiring hall and complete records thereof.

Section 10.3 The Employer shall have the right to reject on a non-discriminatory basis any applicant for employment.

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Section 10.4 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, by-laws, 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 10.5 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 they qualify.

Group I All applicants for employment who have five or more years experience in the trade; are residents of the geographical area constituting the normal construction labor market; have passed a Journeyman's examination given by Local Union No. 9 or its predecessors, or who have been certified as a Journeyman by a Joint Apprenticeship and Training Committee of Local 9 or its aforesaid predecessor Local Union; and who have been employed for a period of at least four years in the last five years in the trade by any one or more Employer parties to a collective bargaining agreement with Local Union No. 9 within the geographical area aforesaid. (Employment for one year shall mean employment for at least 1280 hours in that calendar year.)

Group II All applicants for employment who have five or more years experience in the trade; are residents of the geographical area constituting the normal construction labor market; who have passed a Journeyman's examination given by a duly constituted Local Union of the U. A. or have been certified as a Journeyman by a Joint Apprenticeship and Training Committee of a Local Union of the U. A., other than Local Union No. 9 or its predecessor Local Unions; and who have been employed for a period of at least four years in the last five years in the trade by any one or more Employer parties to a collective bargaining agreement with Local Union No. 9 within the geographical area aforesaid. (Employment for one year shall mean employment for at least 1280 hours in that calendar year.)

Group Ill All applicants for employment who have five or more years experience in the trade; and who have passed a Journeyman's examination given by a duly constituted Local Union of the U. A. or who have been certified as a Journeyman by a Joint Apprenticeship and Training Committee of a Local Union of the U. A.

Group IV All applicants for employment who have two or more years experience in the trade; are residents of the geographical area constituting the normal construction labor market; and who have been employed for at least six months in the last three years in the trade.

Group V All applicants for employment who have worked at the trade for more than one year.

Section 10.6 If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer's request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure, but such applicants, if hired, shall have the status of "temporary employees."

Section 10.7 The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such "temporary employees," and shall replace such "temporary employees" as soon as registered applicants for employment are available under the Referral Procedure.

Section 10.8 "Normal construction labor market" is defined to mean the mid-Jersey area consisting of all of Middlesex County, Monmouth County, Mercer County, and portions of Burlington, Hunterdon, Ocean and Somerset Counties as set forth in Schedule A annexed hereto plus the commuting distance adjacent thereto, which includes the area from which the normal labor supply is secured. The above geographical area is agreed upon by the parties to include the areas defined by the Secretary of Labor to be the appropriate prevailing wage areas under the Davis-Bacon Act to which this Agreement applies.

Section 10.9 "Resident" means a person who has maintained their permanent home in the above defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as their permanent home.

Section 10.10 An "Examination" shall include experience rating tests if such examination shall have been given prior to the effective date of the procedure set forth herein, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Local Union of the U. A. Examinations for Journeymen given by Local Union No. 9 shall take place once every six months. Any person failing the examination on their second attempt shall be required to wait one year before being permitted to take another examination. An applicant shall be eligible for examination if they have five years experience in the trade.

Section 10.11 The Union shall maintain an "Out of Work List" which shall list the applicants within each Group in chronological order of the dates they register their availability for employment.

Section 10.12 Employers shall advise the Business Manager or Agent of the Day of the Local Union by phone or fax (preferably phone) of the number of applicants needed and the location of the work to be performed. The Business Manager shall make referrals by first referring applicants in Group I in the order of their place on the "Out of Work List."

Thereafter, applicants shall be referred in the same manner successively from the "Out of Work List" in Group II, then Group Ill , then Group IV and then Group V. Any applicant who is rejected by the Employer shall be returned to their appropriate place within their Group and shall be referred to other employment in accordance with the position of their Group and their place within the Group.

Section 10.13 The only exceptions which shall be allowed in this order of referral are as follows:

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(a) When the Employer states bona fide requirements for special skills and abilities (such as, but not limited to, Valve Repair, Instrumentation and controls Level 1 & 2, Asbestos Removal, Contaminated Soil, Black Seal, Gold Seal, Machinist (Pipe Preparation) Certified Tank Specialist, Air Conditioning and Refrigeration Technicians (Start-Up, etc.), Certified Welder, Orbital Welder, Medical Gas installer or Brazer, Backflow Tester) in their request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities. Welders who have been certified by the Employer may, upon request, return to that Employer as a welder providing it takes place within a twenty four (24) month period from their termination. All applicants shall provide the dispatcher with verification of their special skill or have a record of employment with a special skill. When an Employer requests, in writing, journeymen with any of the following Safety certifications, individuals possessing such certifications will be referred for hire in the order in which their names appear on the out-of-work list: Hazwoper Certification, Hazmat Certification, Confined Space Certification, Hazcom Certification, and OSHA Approved Safety Certification.

(b) When the Employer, in order to obtain a key employee to act as a supervisor, general foreman or foreman, requests the referral of a particular individual for these positions, the Business Manager shall honor such requests provided the individual concerned has been recently employed (within the 24 months immediately preceding the request) by the Employer making the request and the individual requested is registered on the "Out of Work List." After the first foreman, all other foreman, assistant general foremen and general foremen on any job shall be selected form journeymen in the employ of the Employer having been referred by the Union - or see 10.13c. (below)

(c) Requests by contractors for key men to act as supervisors, foreman, or general foreman shall be honored without regard to the requested person's place on the Out of Work List, provided that the individual has been on the Out Of Work List for a minimum of 10 working days. However, this provision (10 days) may be waived by mutual consent of the Business Manager and the MCA of NJ. It is also understood that if either party does not consent, the waiver of 10 days is null and void.

(d) Requests by employers for particular journeymen who have been previously employed by the employer for a period of more than fifteen (15) working days and who has been laid off or terminated by the employer within one year previous to the request, shall be given preference of rehire, for any job, and shall be dispatched to the employer regardless of the applicants position on the Out Of Work List.

Section 10.14 Employers shall have the right to transfer referred Journeymen in their employ from job to job, within the Local 9 area after giving 24 hours notice of this intent. When five (5) or more employees are required, one (1) of the first five (5) employees shall come from out of the work list. Reasonable consideration will be given to seniority and priority groups as defined within this referral procedure. Such consideration need not be given for the transfer of employees in Group I who have been in the employ of the Employer for a period of at least twenty (20) continuous calendar days prior to transfer.

Section 10.15 In addition to its other duties set forth in other parts of this Agreement, it shall be the function of the Joint Conference Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of this Article. Such complaints must be filed in writing with the Joint Con ference Committee within 20 days from the date of the action complained of. The Joint Conference Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with by the Local Union. The Joint Conference Committee is authorized to issue procedural rules for the conduct of its business, but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decisions shall be in accord with this Agreement. The making, amendment, modification or repeal of hiring hall rules shall be vested with the Joint Conference Committee. The administration of such rules by the Union shall be subject to appeal by the Joint Conference Committee. In making, applying, amending, modifying or repealing hiring hall rules, the Joint Conference Committee shall provide reasonable rules, which shall not discriminate because of membership or non-membership in the Union. Such rules shall not be inconsistent with this Agreement and shall not discriminate because of membership or non-membership in the Union, or on account of race, age, creed, color, sex, marital status, or national origin.

Section 10.16 A representative of the Employer or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

Section 10.17 A copy of the Referral Procedure set forth in this Agreement and any hiring hall rules adopted by the Union shall be posted on the Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement.

Section 10.18 The Union shall refer an apprentice to an Employer who regularly employs one or more journeymen when so requested. The Union shall refer and the Employer shall hire an apprentice for every four journeymen in his employ. Terms and conditions of such employment shall be as provided in the Joint Apprenticeship Training Program and in this Agreement.

Section 10.19 It is agreed that, should any portion of this Article be found to be in violation of the National Labor Relations Act, as amended by a Court or Administrative Agency of competent jurisdiction, then that portion will be deleted automatically, and the parties shall confer and agree upon substitute language which will not be in violation thereof. It is further agreed that should the said Act at any time be amended, this Agreement will be amended by the parties so as to provide the most complete Union security and Union hiring hall practices permitted by' the Act.

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ARTICLE XI

WAGES

Section 11.1 The straight time hourly wage rate or pay per hour under this Agreement commencing the 1st day of July, 2016 continuing until the 3oth day of June, 2020 shall be as set forth in Article 111 of this Agreement.

Section 11.2 Apprentices shall serve a term of apprenticeship as stipulated in their contract with the Apprenticeship Committee. The hourly wage rate for apprentices shall be as provided in Article Ill, Section 3.2 of this Agreement.

Section 11 .3 Contributions to fringe benefit funds shall be made on behalf of all new apprentices starting from the first day of employment.

Section 11 .4 It is the intent and purpose of this section that fringe benefit contributions on behalf of key employees shall be paid to the fringe funds of their home local unions and there shall not be double payment of fringe benefit contributions to the funds of the home local and the funds of the local in whose jurisdiction the key employee is employed. When an Employer subject to this Agreement, whose principal place of business is within the geographical jurisdiction of this Agreement, sends a key employee represented by the Union to a job outside the area covered by this Agreement, the employee shall be paid the total economic package of the local union in whose jurisdiction they are working or of the Union party to this Agreement, whichever is higher. The fringe benefit contributions for such a key employee shall be those specified in the Agreement of their home local union and shall be paid on behalf of such key employee by the Employer to the fringe benefit funds set forth in the agreement of their home local union.

ARTICLE XII

HOURS OF WORK, OVERTIME, HOLIDAYS AND SHIFT WORK

Section 12.1 Eight (8) hours shall constitute a day's work, 7:00 A.M. to 12 Noon, 12:30 P.M. to 3:30 P.M., provided, however, an Employer, by mutual consent with the Business Manager of the Union, may institute a flexible work day on any job or jobs between the hours of 6:00 and 8:00 A.M. and 4:30 P.M. On shift operations, starting and quitting time may be changed by mutual agreement provided, however, that the half-hour non-paid lunch period shall begin four (4) hours after commencement of the shift. When a Journeyman is required to report to the shop, they shall not report more than 15 minutes prior to the designated starting time. A regular workweek is considered Monday through Friday. A second shift can be established with the appropriate shift rate differential without the customary first shift provided that the second shift's starting time is 1 :00 PM or beyond.

When special circumstances exist and the Business Manager has been notified, in writing, that a job specification or general conditions state that a first shift cannot be worked, a flexible workday may be instituted utilizing the appropriate shift rates established in Article XII.

Section 12.2 Overtime wage rates shall be as provided in Article Ill, Section 3.3 of this Agreement.

Section 12.3 A project may be placed on shift work at the option of the Employer, but when shift work is performed, it must continue for a period of not less than five (5) consecutive work days. Saturday and Sunday, if worked, can be used for establishing the five (5) day minimum shift work period. The straight time work week shall be considered to start with the day shift on Monday and end with the conclusion of the second or third shift on the fifth day.

In the event the second or third shift of any regular work day shall extend into a Saturday or a holiday, employees shall be paid at the regular shift rate. The first or day shift shall work on a regular eight (8) hour shift. If two shifts are worked, the second shift shall work seven and one-half (71/2) hours and receive eight (8) times the regular straight time rate plus a 25% shift differential on the total economic package cost per hour. Work in excess of eight (8) hours per shift shall be paid at overtime rates. If three shifts are worked, the third shift shall work seven and one-half (71/2) hours and receive eight (8) times the regular straight time rate plus a 30% shift differential on the total economic package cost per hour. The starting hours of shifts may be agreed upon differing from the standard work day in Section 12.1

In addition to the foregoing, when in the discretion of the Business Manager of the Union special circumstances warrant, a project which is to continue for a period of not less than five (5) consecutive work days may be placed on shift work on the following terms: the first shift shall work eight (8) hours at the regular straight time rate; the second shift shall work seven and one-half (71/2) hours and receive eight (8) times the regular straight time rate plus 10% shift differential on the total economic package cost per hour. the third shift shall work seven and one-half (71/2) hours and receive eight (8) times the regular straight time hourly rate plus 15% shift differential on the total economic package cost per hour. When in the discretion of the Business Manager of the union, special circumstances warrant, the five (5) consecutive workday provisions of this section may be waived.

Section 12.4 The following Holidays, if worked, shall be paid for at the applicable rate set forth in the Agreement:

New Year's Day, Christmas, Thanksgiving, Memorial Day, Veterans Day, Presidential Election Day, Independence Day, Labor Day and President's Day. In the event one of the aforesaid Holidays falls on a Sunday the following Monday shall be designated the Holiday.

Section 12.5 Shift work to be performed for maintenance and shut down work required to keep any plant opera tional and for residential work, is set forth in Schedules D & E. As used in this Article, the following terms shall be the meanings indicated:

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(a) "Maintenance" - Any work performed of a renovation, replacement, repair or maintenance character within the limits of a plant property, or other locations related directly thereto.

(b) "Repair'' - Work required to restore existing facilities to efficient operating condition by the replacement of parts.

(c) "Renovation" - Work required to improve and/or restore existing facilities to efficient operating condition by replacement or by revamping the same or parts thereof.

(d) "Existing Facilities" - A constructed unit already completed. The term shall not apply to any new unit to be constructed in the future, even though the new unit is constructed on the same property or premises.

(e) In the event a dispute arises as to whether a work operation is new work or work falling within the scope of this Article, the matter shall be referred for decision to the Joint Conference Committee.

Section 12.6 By mutual agreement between the Business Manager and the Employer, a work week may be established consisting of four (4) days of ten (1 O) hours per shift, Monday through Thursday, at the straight time rate.

Work performed outside of the established ten (10) hour shifts shall be paid for at the applicable overtime rate.

The four (4) days of ten (10) hour shifts, Monday through Thursday, at the straight time rate also shall be available when mandated by a Construction Owner, General Contractor, or Construction Manager in job specifications or general conditions.

By mutual agreement, time lost due to bad weather or conditions beyond the contractor's control (excluding holidays) may be made up on Friday. Friday makeup days shall be a full ten (10) hour shift, and pay for such makeup shall be at the straight time rate. Any hours worked beyond the ten (10) hour shift shall be paid at the applicable overtime rate. All hours worked beyond the forty (40) hour workweek shall be paid at the applicable overtime rate.

When an employee is required to work beyond ten (10) hours, they shall be entitled to a thirty (30) minute paid meal period in accordance with Article XXIII, Section 23.5.

Any job utilizing the four day, ten (10) hour shift may, with the consent of the Business Manager, have a second shift at the appropriate shift rate in Section 12.3 provided it runs a minimum of 4 days, Monday through Thursday. The following Monday will constitute the fifth day.

ARTICLE XIII

PAYDAY, ACCOUNTABILITY AND TERMINATION

Section 13.1 All employees represented by the Union shall be paid all wages due them once a week, on the job or in the shop, not later than 3:30 P.M. on the day of the week agreed upon as payday between the Contractor and Union, which day shall be in the work week which starts Monday at 7:00 A.M. and ends Friday at 3:30 P.M., except, however, if any Employer elects to pay such wages by checks or electronic deposit they shall, before issuing any such checks or electronic deposit, on Wednesday whenever possible, either

(a) submit to the Union a satisfactory and acceptable surety company bond guaranteeing the prompt payment of each and all wage checks to each and all employees employed by the Employer in the jurisdiction of the Union upon their presentment appropriate amount as follows:

(i) 1 through 6 employees $15,000

(ii) 7 through 12 employees $25,000

(iii) 13 through 24 employees $50,000

(iv) 25 through 36 employees $75,000

(v) 37 through 48 employees $100,000

$25,000 for each 12 additional employees or portion thereof, or

(b) furnish satisfactory and acceptable proof to the Union

(1) that they regularly contribute to the Mechanical Contracting Industry Promotion Funds of New Jersey ("Funds" or "Guarantor"), and

(2) that all of their wage-payment checks are fully guaranteed as to their payment by said Funds. The guar antee by said Funds shall not become effective for any contractors unless and until: it issues and delivers to the Union a suitable and acceptable instrument guaranteeing all wage-payment checks; furnishes evidence of its right, power or authority to issue such guarantee; and furnishes proof of its financial stability to guarantee said wage-payment checks.

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(c) A Notice, in the form annexed, under the hand and seal of the Administrator of said Funds, certifying that an Employer is a regularly contributing Employer to said Funds, shall suffice to qualify such Employer to issue wage payment checks.

{d) Effective the date of the said written Notice from said Funds and thereafter until terminated by the receipt of written Notice from said Funds, the certified Employer shal l be qualified for the payment-by-check guarantee program, and shall be allowed to pay all wages to all of their employees, represented by the Union, by check.

(e) The guarantee shall apply in each case payroll checks for not more than any two consecutive weeks. If any such check or checks are dishonored upon presentation for collection due either to insufficient funds, or to intervening bankruptcy or other insolvency proceedings, or due to any other cause whatever, the employee or the Union shall notify the aforenamed guarantor by telegram, mail, or delivered notice. The said guarantor shall within three (3) days of the receipt of said notice or advice reimburse the employee in cash or by certified check to the extent of the loss sustained, not to exceed the face amount of such payroll check or checks and bank charges, if any, in exchange for the delivery of such dishonored check or checks and an appropriately executed assignment of their rights thereunder. In the event such check or checks are held by any person other than the employee-payee, by whom they were cashed before pre sentment to the banking institution for collection, the guarantor shall promptly reimburse such holder in exchange for the delivery of such dishonored check and an appropriately executed assignment of the employee's rights thereunder. This Assignment, when approved as to form and substance by the Union, shall be supplied in each case by the guarantor at its expense.

{f) If any paycheck is dishonored for any cause upon presentment for collection, the right or privilege of the issuing Employer to pay by check thereafter shall forthwith cease and terminate notwithstanding the fact that a surety bond guarantees the payment thereof, or such dishonored check was guaranteed by said Funds. It is further agreed that the Contractor or Employer will pay to the Employees on such designated paydays the full amount due to the said employees at that time, except that the Contractor or Employer shall be permitted to withhold three days' pay which might be required for preparing payrolls. If the rates are not paid at the time required by this section, then the employee shall receive double time for all time they are compelled to wait for their wages unless such delay is due to an act of God, such as flood, tornado, etc. , which makes such payment on time impossible.

(g) Any employee not paid at such time as required in Section 13.1 shall report to the Business Manager and shall not resume worl< until directed to by the Business Manager.

(h) When a bank holiday falls on payday, the preceding day will be payday.

(i) All Employers shall provide arrangements for payroll checks to be cashed in local area banks.

Section 13.2 Each employee shall be given a separate check stub or prepared slip showing the information required by law.

Section 13.3 The Employer will notify the employee, or the employee will notify the Employer, two (2) hours in advance of their intention to terminate their employment.

Section 13.4 The employee wi ll account for all tools, issued properties and materials in their possession belonging to the Employer upon termination of employment.

Section 13.5 When employees voluntari ly quit an Employer, the employees shall be paid all wages due them no later than the following regular payday.

Section 13.6 When a local 9 member is laid off their final wage will be made by check unless said member allows electronic payment.

ARTICLE XIV

SUPERVISION

Section 14.1 Every Employer whose principal place of business is outside the jurisdiction of the Union shall have the right to bring a regularly employed foreman into the jurisdiction , which foreman shall be included in the foreman journeyman ratios in Section 14.4. Note: It should be understood that "regularly employed" does not mean a recently hired employee. It is also understood that the Employer may have only one foreman per job site contract that is not a member of Local 9.

Section 14.2 Every employer whose principal place of business in inside the jurisdiction of Local Union 9 shall use Local 9 journeypersons as a Foreman unless the Business Manager has be notified in writing pror to the appointment of the Foreman by the Employer.

Section 14.3 When said Foreman (mentioned in 14.1) comes on the job, the Hiring Hall Dispatcher shall be forthwith requested to refer one journeyman to the job to work with said Foreman.

Section 14.4 All Employers shall designate an additional Foreman on the following basis: No foreman shall be allowed to handle more than eight (8) employees. When nine (9) to forty {40) Journeymen are employed, an Assistant General Foreman is designated.