amend_1-CO.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

INSTRUCTIONS (Back Page):

Instructions for items other than those that are self-explanatory, are as follows:

Item 1 (Contract ID Code). Insert the contract type identification code that appears in the title block of the contract being modified.

Item 3 (Effective date).

(1)

(2)

(3)

(4)

(5)

For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.

For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.

For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.

For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.

For a modification confirming the contracting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.

(a)

(b)

(c)

(d)

(e)

(f)

Item 6 (Issued By). Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.

Item 8 (Name and Address of Contractor). For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.

Items 9, (Amendment of Solicitation Number - Dated), and 10, (Modification of Contract/Order Number - Dated). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.

Item 12 (Accounting and Appropriation Data).

When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries:

(2) Accounting classification Net decrease $

Include subject matter or short title of solicitation/contract where feasible.

Item 16B. The contracting officer's signature is not required on solicitation amendments. The contracting officer's signature is normally affixed last on supplemental agreements.

(i)

NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".

Item 13. Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)

Item 14 (Description of Amendment/Modification).

Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document.

Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:

(i) Total contract price increased by $

(ii) Total contract price decreased by $

(iii) Total contract price unchanged.

State reason for modification.

When removing, reinstating, or adding funds, identify the contract items and accounting classifications.

(g)

(h)

When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --

(i) A reference to the letter determination; and

(ii) A statement of the net amount determined to be due in settlement of the contract.

(1)

(2)

(3)

(4)

(5)

(6)

STANDARD FORM 30 (REV. 11/2016) BACK

(1) Accounting classification Net increase $

Description of Amendment/Modification

47PM0719R0014, Amendment 0001 - Operations and Maintenance for HOTD Re-Compete The purpose of this amendment is to incorporate the following:

1.) Sign-in sheet for 3.12.2019-3.13.2019 from pre-proposal conference 2.) Incorporate Collective Bargaining Agreement, effective August 1, 2016 to July 31, 2019 3.) All other terms and conditions remain unchanged. If you have any questions regarding this amendment please contact the Contracting Officer, Jamie L Morton, jamie.morton@gsa.gov- cell: 202-304-6211, 202-969-5543.

47PM0719R0014/0001

AGREEMENTS

BETWEEN

MECHANICAL CONTRACTORS

ASSOCIATION

OF METROPOLITAN

WASHINGTON, INC.

and

STEAMFITTERS

LOCAL UNION NO. 602

of the UNITED ASSOCIATION

Effective August 1, 2016 through July 31, 2019

STEAMFITTERS LOCAL UNION No. 602

8700 Ashwood Drive, 2nd Floor.

Capitol Heights, MD 20743

(301) 333-2356

(301) 333-1730 fax

MECHANICAL CONTRACTORS ASSOCIATION

OF METROPOLITAN WASHINGTON, INC.

4601 Presidents Drive

Suite 140

Lanham, MD 20706

(301) 731-0330

(301) 731-5343 fax

HEATING, PIPING AND REFRIGERATION FUNDS

9411 Philadelphia Road, Suite S

Baltimore, MD 21237

1-800-618-2879

(410) 444-0035 fax

COORDINATOR—STEAMFITTERS

U.A. MECHANICAL TRADES SCHOOL

8421 Ardwick-Ardmore Rd.

Landover, Md. 20785

(301) 341-1555

(301) 386-3271 fax

BUILDING CONSTRUCTION AGREEMENT

between

Mechanical Contractors Association of Metropolitan Washington, Inc.

and

Steamfitters Local Union No. 602

United Association

Effective August 1, 2016 through July 31, 2019

INDEX

Article Page

Articles of Agreement ………………………………………... 6

I Purpose………………………………………………………... 6 II Recognition…………………………………………………… 7 III Management Rights…………………………………………... 7 IV Union Security………………………………………………... 7 V Working Rules for Journeymen Pipefitters and Apprentices… 7 VI Duties of Journeymen Pipefitters and Apprentices…………... 8

VII Work Jurisdiction…………………………………………….. 10

VIII Jurisdictional Awards Board and International Agreements…. 10 IX Conflict of Interest……………………………………………. 10

X Tools………………………………………………………….. 11

XI Conference Board…………………………………………….. 11 XII Grievance and Arbitration Procedure………………………… 11

XIII Installations and Material Handling…………………………... 12 XIV Subcontracting………………………………………………… 12 XV Supervision……………………………………………………. 12

XVI Non-Exclusive Hiring…………………………………………. 13 XVII Journeyman Licensing 14

XVIII Workers’ Compensation………………………………………. 15

XIX Safety………………………………………………………….. 15

XX Job/Shop Steward……………………………………………... 15

XXI Hours of Work, Overtime, Shift Work and Weather Day…….. 16 XXII Wages & Fringes……………………………………………… 18

XXIII Car Allowance………………………………………………… 19 XXIV State Withholding……………………………………………... 19 XXV Paydays………………………………………………………... 19

XXVI Reporting Pay…………………………………………………. 20 XXVII Bereavement…………………………………………………... 20 XXVIII Reporting for David-Bacon Wage Rates……………………… 20 XXIX Medical Fund………………………………………………….. 20

XXX Pension Fund…………………………………………………... 21

XXXI Retirement Savings Fund……………………………………… 22

XXXII Apprenticeship Training Fund………………………………… 22

XXXIII International Training Fund…………………………………… 22

XXXIV Industry Fund………………………………………………….. 23

XXXV M. Eddie Moore Scholarship Trust Fund 23

XXXVI Communications and Productivity Fund……………………… 23

XXXVII Apprenticeship Training………………………………………. 24

XXXVIII Payments to Trust Funds……………………………………… 24

XXXIX Temporary Heating and Cooling……………………………… 25

XL Separability……………………………………………………. 25

XLI Dues Check Off……………………………………………….. 25

XLII Layoff…………………………………………………………. 26

XLIII Mechanical Helper……………………………………………. 26

XLIV Modification, Termination and Duration……………………... 28

Appendix A ………………………………………………………………… 29

Appendix B United Association National Pipe Line Substance Abuse Policy 31

Article I to Appendix B — Fitness of Duty………………… 32

Appendix C Joint Conference Board Decision-Break……………………… 33

Appendix D Standards for Excellence 34

Appendix E Side Letter 37

ARTICLES OF AGREEMENT

1. This Agreement, made this 30th day of September, 2016 by and between the Mechanical Contractors Association of Metropolitan Washington, Inc., hereinafter known as the “Association”, for and on behalf of all contractor members of said Association and Local Union No. 602 of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada (AFL-CIO) hereinafter known as the “Union”.

Provisions of this Agreement shall be binding on Employers who are not members of the Association but who become signatory hereto. Contractors, whether members of the Association or not, may be interchangeably referred to as Employers herein.

2. The Union shall submit to the Association copies of all agreements signed between the Union and non-association Employers.

3. The territorial jurisdiction covered by this Agreement includes: District of Columbia; Counties of Montgomery, Prince Georges, Charles, St. Mary’s, Calvert, and parts of Anne Arundel and Howard, all in the State of Maryland;

and Counties of Arlington, Fairfax, Prince William, Loudoun, Fauquier, Clarke, King George, Stafford, parts of Warren, Frederick, Westmoreland and Spotsylvania, and the Cities of Alexandria, Falls Church, Fairfax City, Winchester and Fredericksburg, all in the State of Virginia.

4. It is further understood and agreed that any contractor bound by the terms of this Agreement by virtue of membership in the Mechanical Contractors Association of Metropolitan Washington, Inc. agrees that if he withdraws his membership from the Association he shall be bound by all terms and provisions of this Agreement for the balance of the term of the Agreement. Any contractor hereinafter joining the Association shall be bound by all terms and conditions of this contract as an incident of this membership in this Association.

ARTICLE I

Purpose

5a. The parties hereto agree that:

5b. Close contact and mutually sympathetic interest between Employee and Employer will develop a better working system which will tend constantly to stimulate production while improving the relationship between the Employee, Employer and the community.

5c. The right of Employees and Employers in local groups to establish local wage scales and local working rules is recognized.

5d. Strikes and lockouts are detrimental to the interests alike of Employees, Employer and the public, and should be avoided.

5e. Mechanical work will be done by the Mechanical Contracting industry.

5f. The public interest is conserved, hazard to life and property is reduced, and standards of work are improved by fixing an adequate minimum of qualifications in knowledge and experience as a requirement precedent to the right of an individual to engage in the Mechanical Contracting Industry. It is the desire of Steamfitters Local No. 602 and the Mechanical Contracting industry that there be continuing education by the journeymen of the Union.

5g. Agreements or understandings which are designed to obstruct directly or indirectly the free development of trade, or to secure to special groups special privileges and advantages, are subversive to the public interest and cancel the doctrine of equality of rights and opportunity, and should be condemned.

5h. The Association and Union agree to establish job classifications at such wage rates as will enable contractors to obtain contracts in new market areas in which mechanical contractor’s signatory to this Agreement are not presently competitive.

5i. There shall be no discrimination against anyone, by either party, for reasons of color, race, creed, national origin, sex, age or disability.

ARTICLE II

Recognition

6. The Association and all other employing contractors who become signatory hereto recognize the Union as the sole and exclusive bargaining representative for all Employees in the employ of the Employers and engaged in any and all work covered by this Agreement and the Working Rules and Duties of Pipefitters with respect to wages, hours, and other terms and conditions of employment, subject to provisions of existing laws.

ARTICLE III

Management Rights

7. The management of the business is the sole and exclusive prerogative and responsibility of the Employer. This shall include but not be limited to the direction of the working force, the right to hire, to plan, direct, control and schedule all operations (including scheduling of the work force), the right to establish, eliminate, change or introduce new or improved methods, machinery, quality standards or facilities which are in the best interests of the trade. The Employer is vested with the right to discipline or to relieve any Employee from duty for just cause, or to lay off an Employee because of lack of work. The Employer is also vested with the right to promote, demote or transfer Employees in line with this Agreement.

8. The Union shall grant to all signatories to this Agreement any base rate, fringe benefit costs or working conditions for a particular job bid which may be extended or permitted to any company or Association which also bids on the particular job within the geographical jurisdiction of Local No. 602 and which may be more favorable to an Employer than those contained in this contract. The Union will report to the Association any base rate or fringes which are more favorable than those contained in this contract and which are granted to any Employer or company making a job bid within the jurisdiction of Local No. 602. National Agreements are not applicable.

9. The Union shall not sanction any Employee performing any heating, cooling or pipe work for other than his current Employer.

ARTICLE IV

Union Security

10. All Employees covered by this Agreement, members of the Union, now in the employ of any Contractor signatory hereto, shall remain members in good standing in the Union during the term of this Agreement. All Employees covered by this Agreement, hereinafter employed by any Contractor, shall become members of the Union on the eighth day following the beginning of such employment or the effective date of this 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.)

11. If any Employee who is required, as a condition of continued employment by the Contractor to acquire and/or retain membership in good standing in the Union by the provisions of Paragraph 10 above, shall fail to do so by reason of a failure on his/her part to tender the periodic dues or initiation fees uniformly required as a condition of acquiring or retaining membership, and if the fact of such failure is certified to the Contractor by the Financial Secretary- Treasurer of the Union, the Contractor will thereupon notify such Employee that, unless he/she shall earlier correct such failure by the tender of all such dues and initiation fees that may then be due and owing, his/her employment by the Contractor will terminate as of the fifth day following the date of receipt of the certification if prior to such fifth day such failure shall not have been so corrected, the Contractor will thereupon cause such employment to terminate.

ARTICLE V

Working Rules for Journeymen

Pipefitters and Apprentices

12. No journeymen shall work more than one apprentice unless approved by the Business Manager.

13. Cutting of all holes for pipe only to be done by pipefitter, apprentice, and or, mechanical helper.

14. Cutting of all pipe two inches and under to be done by pipefitter and/or apprentice.

15. All machines when used on the job in connection with any piping work shall be operated by a pipefitter and/or apprentice.

16. Journeyman pipefitter and/or apprentice shall make up fittings on all pipe.

17. Employees covered by this Agreement will be provided with a suitable heated area for the changing and storing of clothes.

18. Potable water shall be provided by the Employer for all Employees covered hereby, twelve months a year, in work areas.

19. All Employer owned tools that require job site maintenance, used by pipefitters on job site, shall be repaired on job site by pipefitters.

20. Slow-downs, standby crews and featherbedding practices will not be permitted.

21. When work must be removed due to defective workmanship or carelessness by an Employee, or where any damage to the building or contents is the result of such defective workmanship or carelessness by an Employee, this must be immediately reported to the Conference Committee for investigation. Their decision in the matter is final.

Should the decision be rendered against the Employee to pay for the damage thus caused, the Employee must pay for the damage.

22. All protective equipment such as welding gloves, shields, sleeves, goggles, and other such types of special equipment, is to be supplied and replaced when required by the contractor. This issued equipment must be returned to the contractor at termination of employment.

23. In all shops where five or more men are employed, every sixth man shall be 55 years of age or older, if available, and provided he is physically fit.

24. The ratio for apprentices to journeyman shall be three (3) journeyman to one (1) apprentice based on the availability of the apprentices.

25. The Employer will assist in helping secure from the prime contractor sanitary conditions with regard to portable toilets. If the prime contractor fails to provide and maintain adequate portable toilets and as allowed by the prime contractor, the Employer will provide (1) one portable toilet for the first (20) employees and (2) two portable toilets for employees numbering from 21-40 and so forth for each additional (20) twenty employees per construction site.

Each will be provided with a combination lock to allow for exclusive safe use by the Employer’s employees.

26. The personal use of electronic devices (cell phones, pagers, MP3 players, boomboxes, IPods) during working hours is strictly prohibited except as qualified herein. (This prohibition applies to use on job sites, in pre-fab shops and in company vehicles.) Personal use of cell phones, pagers and texting devices during normal working hours is permitted in the case of an emergency. In addition, personal use of cell phones, pagers and texting devices is permitted during the break and lunch periods.

ARTICLE VI

Duties of Journeymen Pipefitters and Apprentices

27. All the following work and work tasks shall be assigned to and performed by journeymen pipefitters and apprentices subject, however, to the provisions of Paragraphs 49, 50 and 51 of this Article:

28. The handling, setting, moving, hanging, loading and unloading, laying out, fabrication, assembling, erection, installing, maintaining, servicing, repairing, reconditioning, adjusting, altering and dismantling of all pipe or piping systems, or tubing systems, and parts, fixtures and appliances and appurtenances thereof, for all heating systems whether by steam, gas, hot water, vapor or any other method; ventilating, air conditioning, refrigeration, cooling, power piping, industrial and mechanical process piping, sprinkler piping, temperature control systems or otherwise;

high and low pressure boilers, stokers, oil burning equipment, gas burning equipment, coal burning equipment, atomic power equipment, solar power equipment, pneumatic and hydraulic power piping and gasoline filling station piping, pipe and specialized welding, sewage disposal plant piping, central distributing and booster stations, filtration plants, sterilizing equipment, compressed air lines, vacuum lines, oxygen lines; and all apparatus and appurtenances in connection therewith for the transfer or conveyance of heat, fluids, solids, chemicals or gas used for manufacturing or industrial purposes by means of piping systems.

29. All piping systems and fixtures and appurtenances used to convey, collect or distribute steam, water, air, gas, exclusive of domestic and culinary use, coal, ash, dust, chemicals, vacuum, brine, ammonia, oil, or other commercial products manufactured, or in the course of manufacture, including cooling work of every description.

30. The setting of boiler fronts, the setting, installation and piping of all gauge boards, attaching of all pipe work and boiler trimmings. Soot blowers, fuel piping, valves, all circulating piping for appurtenances and component parts of boilers. The assembling and setting of economizers and superheaters when not component parts of boilers.

Assembling and setting of submerged heaters and the handling and setting of sectional steam, hot water and locomotive type of firebox boilers.

31. All piping used for fire quenching purposes either by water, steam, gas, chemicals or other method when not a part of an automatic sprinkler system.

32. The making of all pipe joints regardless of method or mode, applicable to the pipefitters’ jurisdiction.

33. The handling and setting of completed heat exchangers, including convectors, unit heaters, fan coil units, heating and cooling room units, self-contained vessels or items of equipment with piping to and/or from same and the piping by any mode and description and any connected or related materials, apparatus and equipment for heat transfer purposes.

34. The setting, erecting, and adjustment of all control equipment used in connection with the pipefitting industry.

35. The unloading, reloading, distributing, handling and erection of all materials, and the installation of hangers, support and pipe railings applicable to the pipefitters’ jurisdiction.

36. The cutting, threading, welding and fabrication of all pipe shall be done by journeymen pipefitters and apprentices, on the job site or in the shop of the contractor.

37. The setting and connecting of all vessels that are an integral part of piping systems, applicable to the pipefitters’ jurisdiction.

38. The disconnecting of all equipment on all alterations and remodeling work shall be the work of steamfitters and their apprentices. Any equipment and materials reused in the job shall be handled by journeymen pipefitters and their apprentices.

39. The cutting necessary of all types of construction for the receiving of all piping for the installation of setting of sleeves, inserts and thimbles for piping and hangers, boxes for hangers for piping, applicable to the pipefitters’ jurisdiction.

40. The fabricating, handling, erecting, adjusting, and servicing of all heating and/or cooling devices and their accessories.

41. Pre-fabrication. Those contractors who wish to fabricate piping systems in their own shop may do so provided the work is done by qualified journeymen pipefitters and their apprentices covered by this Agreement, and provided the shop is located in the jurisdiction of Local No. 602.

42. The handling, erecting, aligning and leveling of all refrigeration equipment and compressors; and pumps, air compressors, vacuum devices, etc., regardless of size, horsepower or mode or method of power delivered to same.

This includes turbines if delivered assembled.

43. The starting and stopping of all welding equipment applicable to pipefitters’ jurisdiction.

44. The handling, setting and leveling of all sluice grates.

45. The erection of all pipe supports, stanchions, hangers, and the field fabrication of same where required, and the handling and erection of hangers, braces, guides, etc., where used in conjunction with heating, refrigeration, or air conditioning materials and/or equipment. This does not include such small items as clevis hangers, forged hangers or other small hangers normally considered purchased items.

46. The unloading, uncrating, assembly and setting of all air conditioning and/or heating units regardless of make, size, tonnage, B.T.U. capacity, etc. This includes units that are shipped less coils, compressors, burners, controls, blowers, fans, condensers, pumps, etc.

47. The handling, assembling, and erecting of all coils, regardless of size, shape or method of making joints, hangers or erection.

48. Assembling and erection of all cooling towers for air conditioning and refrigeration equipment when prefabricated or shipped as a unit regardless whether constructed of wood, metal, glass or any other prefabricated material.

49. Where heating, refrigeration or air conditioning materials and/or equipment used by the Employers are unloaded on job site from railroad cars or trucks, or where the above materials are distributed by smaller trucks from the above railroad cars or trucks to job, stockroom, or stockpile or from job stockroom, stockpile or fabricating shop to approximate point of use or installation, or from one job stockpile to another, such unloading, reloading and handling shall be assigned to and performed by Employees as covered herein, whether or not the work is performed by use of hand or power equipment. It is understood that the operation of power equipment controls shall be performed by the craft entitled thereto.

50. “Job stockroom,” “job fabricating shop” and “job stockpile” are defined to be that stockroom, shop or stockpile which is situated on the premises of the job site and which are used by Employees hereunder as a place to stock tools, plumbing, heating, refrigeration and/or air conditioning materials and/or equipment and all other equipment covered by this Agreement or to fabricate such materials, and/or equipment, and to stock such equipment which is to be moved directly from those sites to the approximate point of use or installation or to be moved from one stockpile to another on the job site.

51. All trucks used for the conveying of materials, equipment, tools or supplies between locations on a job site shall be assigned to and driven and operated by journeymen pipefitters and/or apprentices, and /or helpers.

52. Placing, installing and setting of all pipes and tanks and appurtenances in connection with the same in all types of industrial plants, used for the purpose of mixing, blending, compressing, heating, cooling or distilling. All pipes and appurtenances used in distilling or all products such as oil, gas, acids, chemicals, water, etc. All laboratory piping except domestic water and sewer connections.

53. The testing of all air conditioning, refrigeration, and heating systems, equipment and appurtenances, and process piping indigenous to the above shall be performed by Employees herein.

54. All gas piping for manufacturing, heating and cooling.

55. Any work not covered or described in this Agreement, but traditionally or normally done by Employees covered by this Agreement shall continue to be assigned to the Employees as if actually set forth in this Agreement, together with all other work as may be determined to be within the pipefitters’ jurisdiction.

56. Coordinated drawings where necessary for work covered by this Agreement may be performed by Employees covered by this Agreement.

57. Pipe labeling and valve tagging will be performed by Employees covered by this Agreement.

ARTICLE VII

Work Jurisdiction

58. Appendix A (in back of Agreement) becomes a part of this Agreement.

59. The Union agrees that jurisdictional disputes between locals affiliated with the U.A. shall not be a cause for work stoppage. In the event that any of the work as herein shown to be assigned to the pipefitter is claimed by the plumber, then the dispute will immediately be submitted to the appropriate U.A. officials for their determination, which shall be final and binding on all parties.

60. Subject to the approval of the Business Manager of U.A. Local Union No. 5 and U.A. Local Union No. 602 there shall be no jurisdictional consideration for the work assigned on jobs to members of Local Union No. 602 and Local Union No. 5 for the installation of plumbing or heating work.

ARTICLE VIII

Jurisdictional Awards Board and

International Agreements

61. Subject to the provisions herein, all jurisdictional disputes not resolved by the parties shall be submitted for final and binding arbitration to the Plan for the Settlement of Jurisdictional Disputes for the Construction Industry (hereinafter “Plan”), or any successor thereto adopted by the Building and Construction Trades Department of the AFL-CIO and participating Employers. Provided that all unions involved in such jurisdictional dispute and all Employers with whom those unions have collective bargaining agreements have also submitted to the jurisdiction of, and have agreed to be bound by all decisions of the Plan when those Employers are involved in a jurisdiction dispute.

In the event any union claiming work jurisdiction from an Employer signatory to this Agreement, has a collective bargaining agreement with any Employer which does not provide for settlement of jurisdictional disputes by the Plan, then the parties to this Agreement shall not be subject to the jurisdiction of or be bound by decisions of the Plan involving such unions. In the event the above proviso is complied with, the parties hereto agree to and accept, and shall be bound by, the rules, regulations and procedures of the Plan or its successor as in effect from time to time.

ARTICLE IX

Conflict of Interest

62. All contractors bound by this Agreement agree that during the life of this Agreement that any and all heating, piping, air conditioning and refrigeration work of any kind and description performed solely by them or by and through any other corporation, firm, partnership or joint business association with other individuals primarily in building and construction work in which the contractor owns a financial or proprietary interest, shall be done and performed under the terms of this Agreement. A breach of this provision by any contractor shall be sufficient ground for the Union to cancel this contract as to said contractor by serving thirty (30) days written notice upon the Mechanical Contractors Association of Metropolitan Washington, Inc. and the contractor involved.

ARTICLE X

Tools

63. Each journeyman so designated shall be issued a set of hand tools, with a suitable box that can be securely locked by key or combination. The keys to this lock shall become the sole responsibility of the journeyman to whom issued and the set of keys so issued to each Employee shall be different so that one set of keys cannot be used to open any other tool box. Each kit of tools so issued shall contain a typed list with unit prices placed in the box so that the value of the tools will be known and will thereby establish the price for replacement of lost or otherwise misplaced tools. A duplicate of the list shall be issued to the foreman on the job. The issued tools, box, lock, keys, etc., shall be returned to the contractor intact at termination of employment. In the event that any issued tools are not returned intact to the Employer the Employee shall be required to replace same. In the event that the provisions of this Article are violated, the Union agrees to reprimand the violator in accordance with the appropriate provision of the U.A.

Constitution relating to misconduct. Any grievance resulting from a violation of this Article shall be referred to the Conference Committee for action.

All journeymen and apprentices shall furnish their own rule or tape and pump pliers.

ARTICLE XI

Conference Board

64. The parties to this Agreement shall form a Conference Board consisting of six members, three members to be appointed by the Association and three members to be appointed by the Union. The Board shall have full power to adjudicate all questions in dispute which concern the application or interpretation of any provision of this Agreement, except that jurisdictional disputes shall be resolved in accord with the procedures set forth in Articles VII and VIII.

All unresolved disputes shall be submitted to arbitration provided for herein. The names and addresses of all members of this Conference Board shall be sent to the Secretaries of the Association and the Union. All Employers bound by this Agreement shall be subject to the authority of the Conference Board.

65. At the meeting of the Conference Board which shall be held monthly, if necessary, the Association and the Union, shall have an equal number of votes whether all members shall be present or not. Five members shall constitute a quorum. Should charges be made against Employer signatory to this Agreement, or the Union or Employee, the charged party shall be given one week from receipt of written notice to prepare his defense.

66. For the proper conduct of business, a Chairman shall be chosen at each meeting, but he shall preside only at the meeting for which he is chosen. The duty of the Chairman shall be that usually incumbent upon a presiding officer.

The chairman shall be allowed to vote on all questions should he so desire. The decision of the Conference Board shall be communicated in writing to the parties to the dispute and shall be final and binding on such parties.

ARTICLE XII

Grievance and Arbitration Procedure

67. Any dispute between the Association and the Union, contractor members of the Association and the Union, and all disputes between the Union and any other signatory contractor hereto, concerning the application, interpretation, or violation of any provision of this Agreement shall be treated as a grievance and disposed of in accordance with the following steps:

68. Step One. The Business Manager or his representative shall attempt to adjust said grievance with the Contractor representative performing the work. In the case of a dispute between the Union and the Association, the Business Manager or his representative shall attempt to adjust said grievance with the designated representative of the Association.

69. Step Two. In the event that such dispute cannot be adjusted in this manner within five (5) working days after the Step One meeting, the same shall be submitted in writing to the Joint Conference Board as established in Article

XI.

70. Step Three. If the Joint Conference Board is unable by majority vote to reach a decision within thirty (30) calendar days of written notice of a dispute or in the event the Board decides it is deadlocked, the dispute shall be submitted to an impartial Arbitrator chosen by the Board. If the Board is unable to agree on an impartial Arbitrator within five (5) working days, either party may immediately request the Federal Mediation and Conciliation Service to submit the names of seven (7) persons qualified to serve as an impartial Arbitrator. When said list has been presented to representatives of the parties hereto, each shall have the choice of alternately rejecting the names of three of those seven persons, with the order of choice being determined by lot, and the remaining, or seventh person, shall be selected as the impartial Arbitrator. This selection shall take place within five (5) working days after submission of said list.

If costs are incurred, the Arbitrator’s costs will be assigned proportionally to the Union and the Contractor. The division of payment is the Arbitrator’s decision only.

71. It is specifically agreed that the terms and conditions of this Agreement shall be binding upon the Joint Conference Board and/or the impartial Arbitrator and that he or they have no authority to alter, amend, revise, repeal or modify any of the provisions of this Agreement, it being the intent that such Board and/or impartial Arbitrator’s authority and decision shall be within the scope and limited to the application of terms and conditions of this Agreement.

72. The parties hereto agree that a decision rendered by a majority of the Joint Conference Board shall be final and binding upon the Union, the Association and on either the Employer-member of the Association or any employing contractor signatory hereto. The parties further agree that a decision rendered by an impartial Arbitrator shall be final and binding upon the Union, the Association, and on either the Employer-member of the Association or any employing contractor signatory hereto. All costs of the impartial Arbitrator shall be assigned proportionally to the Union and the Contractor. The division of payment is the Arbitrator’s decision only.

73. The Joint Conference Board and/or the impartial Arbitrator shall have the right to determine whether there has been a violation of this Agreement, and shall also have the right to devise an appropriate remedy adjudicating the grievances against parties bound to this Agreement.

74. All Grievances filed by a member or contractor must be filed within 90 days of said Grievance.

ARTICLE XIII

Installations and Material Handling

75. It is believed to be in the best interests of the public and working conditions to have all materials installed by journeymen pipefitters and apprentices and handled through an employing contractor who is signatory to this Agreement. The importance of this phase of the work from the standpoint of public health and safety demands unified responsibility. Any deviation from this method of procedure is a violation of the Agreement.

76. The Union agrees to furnish and supply upon request in accordance with Article XVI the necessary journeymen pipefitters and apprentices as are required, provided that all work designated in Article VII is contracted for by the contractor and assigned to and performed by journeymen pipefitters and their apprentices.

ARTICLE XIV

Subcontracting

77. The Employer agrees that in situations where work at the construction site, covered by this Agreement, is to be subcontracted by the Employer to other firms, parties, or persons, that such work will only be subcontracted to firms, parties, or persons, whose pay practices provide the same wages, benefits and economic conditions of employment as provided by this Collective Bargaining Agreement.

ARTICLE XV

Supervision

78. It is agreed that the Employer may designate at any time anyone to be superintendent, provided he gives orders through the pipefitter foreman on the job. He will not be allowed to act as foreman at any time. This foreman is to be a member of Local No. 602 (if available). The designation, appointment and determination of foreman and/or general foreman is the sole responsibility of the Employer. An applicant for membership shall not be allowed to direct men until that applicant becomes a member of Steamfitters Local No. 602.

ARTICLE XVI

Non-Exclusive Hiring

79. Employers may, but are not required to, hire journeymen pipefitters by calling or writing the Union referral office and stating the qualifications required of the pipefitter and the location of the job.

80. Unemployed journeymen pipefitters are required to register with the Union referral office when seeking employment through that office. Unemployed journeymen pipefitters satisfying the requirements set forth in this Agreement are free to solicit employment. When an Employer hires an Employee who solicits his job as set forth in this paragraph, the Employer shall notify the Union that the Employee has been hired by calling, writing, emailing or faxing the Union referral hall within 24 hours. The Union shall issue a referral to the Employer. Failure to receive the referral slip shall not delay the employment of the Employee. Failure to notify the Union in a timely fashion as set forth herein can be grieved by the Union before the Conference Board as set forth in Article XII.

81. In the event a request is made by the Employer, and the Union is unable within 48 hours to supply qualified journeymen (including journeymen with special skills) the Employer may secure qualified journeymen from any other source.

82. Registration. The Union shall maintain a daily registration list as provided for in this section of qualified pipefitters who are available for employment as journeymen pipefitters.

83. Registration for referral will be accepted only from qualified journeymen pipefitters who have had at least five

(5) years’ actual practical working experience in the pipefitting trade in the building and construction industry, or by qualified journeymen who have five (5) years’ actual practical working experience in the pipefitting trade in the Building and Construction Industry and have successfully completed apprenticeship training in the pipefitting trade, including at least 1240 hours of classroom training under the Apprenticeship Program approved by the Federal Bureau of Apprenticeship Training, or a State Division of Apprenticeship Training or a State Division of Apprenticeship Standards.

84. Each applicant shall list whether they have special skills such as welding, layout, jobbing, drafting, estimating, coordination, supervision and any other recognized special skills in the pipefitting trade and the number of years of experience.

85. Individuals who wish to register for referral may be required to submit proof of their experience, qualifications, and special skills through employment records, affidavits, or otherwise.

86. First Category:

(a) Journeymen who:

(1) have (5) or more years of experience in the pipefitting trade;

(2) have successfully completed apprenticeship training in the pipefitting trade under the Apprenticeship Program approved by the Federal Bureau of Apprenticeship Training, or a State Division of Apprenticeship Training or a State Division of Apprenticeship Standards, or who have passed a competency examination given by the Union’s Examining Board;

(3) are local residents of the geographical area constituting the normal construction labor market for the Greater Metropolitan Washington, D.C. area;

(4) for a period of at least one (1) of the last three (3) years:

(A) have been employed by an Employer who has been bound or signatory to a contract with the Union; or

(B) have had contributions made to the Union benefit trust funds on their behalf.

(b) Journeymen who:

(1) have five (5) years of experience in the pipefitting trade;

(2) have successfully completed apprenticeship training in the pipefitting trade, including 1240 hours of classroom training under the Apprenticeship Program approved by the Federal Bureau of Apprenticeship Training, or a State Division of Apprenticeship Training, or a State Division of Apprenticeship Standards;

(3) are local residents of the geographical area constituting the normal construction labor market for the Greater Metropolitan Washington, D.C. area;

(4) for a period of at least one (1) of the last three (3) years;

(A) have been employed by an Employer who has been bound or signatory to a contract with the Union; or

(B) have had contributions made to the Union benefit trust funds on their behalf.

87. Second Category:

(a) Journeymen who have:

(1) five (5) or more years experience in the pipefitting trade;

(2) successfully completed apprenticeship training in the pipefitting trade under the Apprenticeship Program approved by the Federal Bureau of Apprenticeship Training, or a State Division of Apprenticeship Training, or a State Division of Apprenticeship Standards or who have passed an equivalent competency examination given by the Union’s Examining Board.

(b) Journeymen who have:

(1) five (5) years of experience in the pipefitting trade;

(2) successfully completed apprenticeship training in the pipefitting trade, including at least 1240 hours in classroom training, under an Apprenticeship Program approved by the Federal Bureau of Apprenticeship Training, or a State Division of Apprenticeship Training or a State Division of Apprenticeship Standards.

88. Third Category. Journeymen with five (5) or more years experience in the pipefitting trade.

89. Referral. Except as provided in Paragraphs 90, 91 and 92, the Union shall refer applicants to the Employer upon the Employer’s request by first referring applicants from the first category, in order of the dates they register their availability for employment, then from the second category, in order of the dates these applicants register, and then from the third category, in order of the dates these applicants register. Selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on or in any way affected by union membership, by-laws, rules, regulations, constitutional provision or by any other aspect of obligation of union membership, policies or obligations.

90. Requests by Employers for journeymen who are skilled in welding, layout, jobbing, drafting, estimating, coordination, supervision or any other recognized special skill in the pipefitting trade will be honored. The Union shall refer applicants to the Employer upon the Employer’s request for special skills by first referring applicants with such skills from the first category, in order of the dates they register their availability for employment, then from the second category, in order of the dates these applicants register, and then from the third category, in order of the dates these applicants register.

91. The Union will honor requests by Employers for specific unemployed journeymen who have worked for any Employer bound by or signatory to a contract with the Union. An Employer requesting a journeyman by name may do so by calling or writing the referral office.

92. Recognizing that the Employer and the Union have mutual responsibility for non-discriminatory hiring practices, it is agreed that the Union will make a good faith effort to furnish to the contractors, upon request, qualified minority or female journeymen and/or apprentices in order to comply with the requirements of Executive Order 11246 and the Civil Rights Act of 1964, and the duly promulgated regulations of the Department of Labor implementing the Executive Order and the Civil Rights Act of 1964.

93. The Employer retains the right to reject any job applicant referred by the Union. The Employer shall be the sole judge as to the competency of the pipefitters supplied by the Union.

ARTICLE XVII

Journeyman Licensing

94. Effective August 1, 2017, any journeyman employee who is not licensed in any one of the three jurisdictions in the Washington Metropolitan area - Washington D.C., Maryland and Virginia - will not receive any recognized paid holidays provided for under this Agreement, except as noted below. Effective July 31, 2018, any journeyman employee who is not licensed in two of the three jurisdictions in the Washington, Metropolitan area will not receive any recognized paid holidays provided under this Agreement, except as noted below. Any journeyman who does not receive any recognized paid holidays by operation of this provision will immediately receive all recognized paid holidays, effective prospectively only, the first pay period following the pay period in which the individual obtains a license.

95. It is understood that the purpose of this provision is to bring all journeymen in compliance with this licensing requirement and that this is an important goal to the Employers signatory to this Agreement. If a journeyman has applied for the license before the deadlines set forth above, but has not received the license for reasons outside of his control, then he will be entitled to the paid holidays. In addition, the following rules will apply in the hiring and referral of workers:

(1) If an Employer passes over a journeyman on the referral list who is a licensed journeyman and hires an unlicensed journeyman or calls by name from the referral…