Electricians_Local_400_CBA-_2023-27.pdf

INSIDE AGREEMENT

BY AND BETWEEN THE

OCEAN-MONMOUTH DIVISION

OF THE

NORTHERN NEW JERSEY CHAPTER, INC.

NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION

AND

LOCAL UNION NO. 400 IBEW

EFFECTIVE MAY 29, 2023

THROUGH MAY 30, 2027

AGREEMENT

Agreement by and between the Monmouth-Ocean Division of the Northern New Jersey Chapter, Inc., National Electrical Contractors Association, Inc. (NECA) and Local Union No. 400, IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term “Chapter” shall mean the Monmouth-Ocean Division of the Northern New Jersey Chapter Inc., the term "Union" shall mean Local Union No.

400, IBEW.

The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement.

BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Electrical Industry.

Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union, and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational, common-sense methods. Now, therefore, in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows:

ARTICLE I

STANDARD CIR

EFFECTIVE DATE/ CHANGES/GRIEVANCES/DISPUTES

EFFECTIVE DATE:

1.01 This Agreement shall take effect May 29, 2023 and shall remain in effect until May 30, 2027, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from June through May of each year, unless changed or terminated in the way later provided herein.

CHANGES:

1.02(a) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(b) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(c) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.

(d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the Council following the expiration date of this agreement or any subsequent anniversary date. The Council's decisions shall be final and binding.

(e) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(f) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

1.03 This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

1.04 There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

GRIEVANCES/DISPUTES:

1.05 There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide.

However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives.

1.06 All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.

1.07 All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.

1.08 Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding.

1.09 When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

ARTICLE II

EMPLOYER RIGHTS/UNION RIGHTS

2.01 Certain qualifications, knowledge, experience and proof of financial responsibility are required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an Employer who contracts for electrical work is a person, firm, or corporation having these qualifications, possessing a current New Jersey Electrical License and Business Permit and maintaining a place of business, a suitable financial status to meet payroll requirements, and when not in conflict with IBEW Specialty Agreements. Such Employers when performing any work of the type covered by this Agreement, under it’s own name or under the name of another, as a corporation, company, partnership, or any other business entity, including a joint venture, when the Employer, through its officers, directors, partners or stockholders, exercise either directly or indirectly, management, control or majority ownership, the terms of this Agreement shall be applicable to all such work.

MANAGEMENT RIGHTS:

2.02 The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

FOREMAN CALL-OUT BY NAME:

2.03 The Employer shall have the right to call a Foreman by name provided:

A) The employee has not quit his previous Employer within the past two weeks.

B) The Employer shall notify the business manager in writing of the name of the individual who is to be requested for employment as a Foreman. Upon such request, the Business Manager shall refer said Foreman provided the name appears on the highest priority group.

C) When an employee is called as a Foreman, he must remain as a Foreman for 600 hours or must receive a reduction in force.

D) A “Foreman” is an individual who supervises other Journeymen and Apprentices in a crew or gang as per Article III, Section 08(g) (Crew Composition Matrix) of the Collective Bargaining Agreement.

WORKERS COMPENSATION INSURANCE:

2.04 If the Employer is not already covered under the Unemployment Compensation law, he will immediately elect to be covered thereby, and shall take immediate steps, as provided by law, to that end. The Union shall have the right to withhold men from any Employer who is not covered by the Unemployment Compensation Act. Every Employer who is party to this Agreement shall furnish a certificate of insurance showing that the employees employed by such

Employer are properly protected by Workmen’s Compensation Insurance, said insurance to be carried with a duly licensed insurance company authorized to do business in the State of New Jersey. All Employers shall specify on this Agreement their case numbers, covering their State Workmen’s Compensation Insurance and Federal Social Security Insurance.

SURETY BOND:

2.05(a) Each Employer covered by this Agreement shall post a bond with a surety company listed in the Department of the Treasury’s listing of approved sureties (Department Circular 570) as of the most recent June 29th issuance of such list. In the case of out-of-town Employers, the bond shall be triple the amount of the highest anticipated weekly payroll including fringe benefits, for the current calendar year. However, in either case, the amount of said bond shall not be less than $25,000.00 and shall be posted prior to commencing work. All out-of-town Employers shall post their bond prior to commencing such work. In those cases where a chronic delinquency exists, the Union may require increasing the face amount of the bond and/or the accompanying of the fringe benefit checks with the Employees paycheck. The fringe benefits checks are to be made out payable to the respective funds along with the contribution forms. The Union will accept all responsibility to collect the fringe checks and forms from the Employers.

2.05(b) The Local Union shall reserve the right, whenever it deems necessary, to demand a cash bond guaranteeing the payment of all wages and fund contributions earned by the Employee.

The amount of said bond shall be determined by the amount of wages and fund contributions due on behalf of the employees and the Union multiplied by the anticipated work force to be employed for a period of 30 days, and shall remain in force until 45 days after completion of the job. Forty-five days after the completion of the job and all wages and fund contributions have been paid, the cash bond will be returned to the respective Employer. If wages and/or fund contributions are due, the Union, using the cash bond, shall pay all delinquencies and refund the balance of the bond to the respective Employer.

UNION RECOGNITION:

2.06(a) The Employer recognizes the Union as the sole and exclusive representative of all its employees performing work within the jurisdiction of the Union for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment. All IBEW signatory contractors must provide, three days prior to the commencement of work on a project, notification to IBEW Local 400 of the start date of any project performed within its geographic jurisdiction. The notification may be sent via email to jobstart@ibew400.org. In the case of work that is being performed for an emergency situation or when the contractor has fewer than three days’ notice before performing the work, same day notification to the Local is adequate.

2.06(b) The Employer understands that the Local Union's jurisdiction both trade and territorial is not a subject for negotiations but rather is determined solely within the IBEW by the International President and, therefore, agrees to recognize and be bound by such determinations.

NON-RESIDENT EMPLOYEES: (Portability)

2.07 An Employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union's jurisdiction into this Local's jurisdiction and up to two bargaining unit employees per job from that Local's jurisdiction to this Local's jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

FAVORED NATIONS:

2.08 The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession.

2.09(a) Within five days from the date of execution of this Agreement, the Employer shall have the right to designate, in writing, one person having a substantial financial interest in his employ, as a “Designated Employee”. The Union shall have the right, before accepting such designation, to demand an affidavit, sworn by the Employer signatory hereto, specifying the exact nature of the aforesaid financial interest. Such “Designated Employee”, but no other person, during the period of this Agreement, except employees covered by this Agreement, shall be permitted to work with the tools but only when at least one Journeyman from the host local is working on the job. The “Designated Employee” shall pay all benefits and all associated working dues.

2.09(b) Should any member of a firm, partnership or corporation (Employer) be related in any way to an Employee, such employee shall not be employed by the Employer unless at least one other Journeyman from the host Local who is not related, is employed by said Employer at the same time. This requirement shall be applicable also on any overtime work.

2.09(c) The Employer shall not lend, or cause to be lent, any workman in his employ to another Employer, except by permission of the Business Manager of the Union and then only when qualified applicants are not available under the Referral Procedure.

2.09(d) The Employer shall have the right to discharge any Employee for just cause (such as being under the influence of drugs or alcohol or fighting). The Employer shall notify the Business Manager of the Union of any such termination and paycheck(s) may be delivered to the union hall.

The paycheck(s) must be received by the union hall within 48 hours. When a workman is discharged, he shall be paid for the time he has worked and be allowed ½ hour at his regular wages to gather his tools and personal belongings.

2.10(a) Employees, except those meeting the requirements of “Employer”, as defined herein, shall not contract for any electrical work.

2.10(b) No member of Local Union No. 400, while remaining a member and subject to employment by Employers operating under this Agreement, shall themselves become a contractor for the performance of electrical work. Therefore, they shall not be permitted to hold a New Jersey Electrical License with a Business Permit.

2.10(c) Journeyman Wiremen shall install all electrical work in a safe and workmanlike manner and in accordance with applicable code and contract specifications.

2.10(d) Journeyman Wiremen shall be required to make corrections on improper workmanship for which they are responsible on their own time and during regular working hours, unless done by orders of the Employer, the Employers representative or the Foreman who is responsible for contract specifications. Employers shall notify the Union and/or the job Foreman of workmen who fail to adjust improper workmanship and the Union assumes responsibility for enforcement of this provision.

2.11 All Employees who are members of the Union on the effective date of this Agreement or any time thereafter shall be required to remain members in good standing, during the term of this Agreement. Member in good standing means the tender when due of initiation fees and dues regularly required by the Union.

APPOINTMENT OF STEWARDS:

2.12 The Union shall have the right to appoint a Steward at any shop and/or any job where workers are employed under the terms of this Agreement. Such Steward shall be allowed sufficient time during regular working hours to see that the terms and conditions of this Agreement are observed at his shop or on his job. However, the steward will perform all the duties of a Journeyman Wireman. At no time, shall a steward be discriminated against, by an Employer, because of his faithful performance of duties as Steward. The Employer shall make sure the overtime is distributed equally as possible to all Journeymen on the job. A minimum of 2 hour’s notice shall be required to the Steward on scheduled overtime. The Steward shall be consulted in the assignment of all overtime. The Shop Steward shall remain in the employ of the individual Employer for the duration of the appointed job until not more than two (2) Journeymen are left on the job, unless decided otherwise by the Business Manager of the Union.

UNION JOB ACCESS:

2.13 A representative of the Union shall be allowed access to any shop or job, at any reasonable time, where workers are employed under the terms of this Agreement.

PICKET LANGUAGE:

2.14 This Agreement does not deny the right of the Union or its representatives to render assistance to other labor organizations by removal of its members from jobs when necessary and when the Union or its proper representatives decide to do so, but no removal shall take place until notice is first given to the Employer involved. When such removal takes place, the Union or its representatives shall direct the workmen on the job to carefully put away all tools, material and equipment or any other property of the Employer in a safe manner. The Union will be financially responsible for loss to the Employer for neglect in carrying out this provision, but only when a safe place is provided for these by the Employer.

TOOL LIST:

2.15 All Journeymen shall report to work with the following tools, and these tools only, in A-1 condition. The Employer has the right to inspect these tools upon hiring and at any time during the course of employment in the presence of the Steward. If the employee does not comply with the tool requirement, he is subject to discipline.

The Employer shall furnish all other necessary tools or equipment.

Latest Code Book 3/8” drive socket set (from 3/8”to3/4”)

Set of screwdrivers (4”-6”-8”-10”)

6” Diagonal cutting pliers ¼” to ¾” box wrenches 6” Philips screwdriver

8” or 9” side cutting pliers Chain Wrench 1” to 3” Plumb Bob

Channel lock pliers (2 pair) Electricians knife ½” Wood chisel

Long-nosed pliers 6’ Rule or 25’ steel tape Hacksaw frame

½” to 1-1/4” pipe reamer Awl/Center Punch Wire strippers

Set of small and large allen wrenches Claw hammer Adjustable square

Set of tap handles up to ¼” Compass saw (handle only) Tool carrier

Small level 9” (pouch type) Flashlight/Continuity Tester 10” crescent wrench

Roto-Split (frame only) Pencil and Kiel 600 volt tester

NOTE: All pliers to have insulated handles

2.16 (a) Workmen employed under the terms of this Agreement shall erect and place into position all apparatus, electric signs, radio equipment including the hanging, painting and spraying of all motors, starter boxes, compensators and transformers, on all new construction work and work in operation.

2.16 (b) In no case shall any workman employed under the terms of this Agreement be required to wire or connect any electrical equipment not placed in position by an employee or employees, employed pursuant to the terms of a Collective Bargaining Agreement with a recognized Union.

UNION SECURITY:

2.17 Where permitted by applicable law all Employees shall, as a condition of employment, on the thirtieth (30th) day following the date of their employment or the effective date of this Agreement, whichever is later, apply for membership in, and, if accepted thereafter remain members of the Union in good standing.

ANNULMENT/SUBCONTRACTING:

2.18 The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of his Agreement by the Local Union after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting or repair of a building, structure or other work, will be deemed a material breach of this Agreement. All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

ARTICLE III

HOURS/WAGES/WORKING CONDITIONS

HOURS: (Workday/Workweek) 3.01(a) Eight hours work between the hours of 7 a.m. and 4:30 p.m., with 30 minutes for a lunch period between noon and 12:30 p.m. shall constitute a workday. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute the workweek. However, when the Building Trades as a group observe a shorter workday, then this provision shall be immediately open for reconsideration.

3.01(b) It will be mandatory for everyone employed under this Agreement to take a two (2) week vacation within a 12 month period.

FOUR 10-HOUR DAYS:

3.01(c) By mutual consent of the Employer and the Union, a workweek may be instituted consisting of four (4) consecutive ten (10) hour days, between the hours of 7:00 a.m. and 6:30 p.m., Monday through Thursday, with one half hour allowed for a lunch period. After ten (10) hours Monday through Thursday and all the workday on Friday and Saturday, overtime shall be paid at the rate of time and one half the regular rate of pay. Sundays and Holidays shall be paid at the rate of double the regular rate of pay.

OVERTIME/HOLIDAYS:

3.02(a) All work performed outside of the regular scheduled hours and on Saturdays will be paid at time and one-half of the regular straight-time rate. Sundays and the following holidays shall be paid at double the straight-time rate: New Years Day, President’s Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veterans Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday it will be observed on the following Monday. If a holiday falls on Saturday, it will be recognized on the preceding Friday. No work shall be performed on Labor Day, except in case of emergency and then only after permission is granted by the Business Manager of the Union.

3.02(b) Benefit contributions, with the exception of NEBF assessments, are not required for Foremen’s paid holidays if a Foreman does not perform work on the holiday. When the Forman works on the holiday, benefits are required to be paid at the double time rate of pay.

3.02(c) In no case shall men not working on the job during the regular working hours be placed on overtime work, while any of the regular crew are not working. No work shall be performed on jobs under construction on premium time hours without notifying the Business Manager of the Union.

3.03(a) No Employer or Employee shall establish any working conditions, hours or shifts other than called for in this Agreement.

3.03(b) After any ten (10) hours worked, all workmen shall be given a thirty (30) minute paid break.

PAYDAY:

3.04(a) The payroll period shall end on Sunday. Wages shall be paid weekly in currency, by check or, by mutual consent between the Employer and employee, by direct deposit not later than quitting time on Wednesday. However, if a holiday falls on a Tuesday or Wednesday payment may be made on Thursday. If an Employer issues a check for wages and it, is returned by the bank due to non-sufficient funds, that Employer shall no longer be permitted to pay by check, but shall pay wages weekly in currency and shall reimburse each affected Employee for all fees they incur as a result of the check(s) written against non-sufficient funds. In that instance, the Employee must furnish the Employer with a receipt documenting the fees for reimbursement.

3.04(b) When workmen are laid off on the job, they shall be paid all wages due immediately.

The workmen shall be notified at least ½ half hour prior to quitting time and be allowed sufficient time at his regular wages to gather his belongings, plus travel time to the Employers shop, if the Employee is to be paid at the shop. If a workman is laid off due to lack of work, he shall receive not less than a full day’s pay for the day, which the layoff occurs. In the event the Employee is not paid, waiting time at the regular rate shall be charged with double time for Sunday. No man will return to work until payment is made.

3.04(c) Any workmen reporting to work and being laid off, not having been notified the day previous of such layoff, unless the Employer notifies the office of the Business Manager on the day of the layoff, if the Employee is absent, shall receive not less than four (4) hours wages in order to gather his/her tools and personal belongings and shall be paid in full immediately. In the event the Employee is not paid off, waiting time at the regular rate shall be charged until payment is made. No workman shall be employed for less than one (1) day.

3.04(d) Payroll benefit reports and checks shall be forwarded to the appropriate collection agent no later than (15) calendar days following the end of each calendar month.

3.04(e) A listing of all deductions and contributions shall be included on all pay stubs or equivalent, presented to employees on their regularly scheduled payday.

CLASSIFICATIONS/WAGES:

3.05(a) The minimum hourly rate of wages for Monmouth and Ocean Counties shall be as follows:

TP

$96.83

TP

$100.23

TP

$103.63

TP

$107.13

05/29/23 06/03/24 06/02/25 06/01/26

General Foreman (101+ JW) 140% $77.24 $79.95 $82.67 $85.46 General Foreman (24-100 JW) 130% $71.73 $74.24 $76.76 $79.35 Assistant General Foreman (37+ JW) 122% $67.31 $69.67 $72.04 $74.47 Lead Foreman (11-23 JW) 120% $66.21 $68.53 $70.86 $73.25 Foreman (5-10 JW) 115% $63.45 $65.68 $67.91 $70.20 Foreman (2-4 JW) 113% $62.34 $64.53 $66.73 $68.98 Plan Reader 108% $59.59 $61.68 $63.77 $65.92 Journeyman Wireman 100% $55.17 $57.11 $59.05 $61.04 Cable Splicer 100% $55.17 $57.11 $59.05 $61.04

APPRENTICES

1st Period 30% $16.55 $17.13 $17.72 $18.31 2nd Period 40% $22.07 $22.84 $23.62 $24.42 3rd Period 50% $27.59 $28.56 $29.53 $30.52 4th Period 60% $33.10 $34.27 $35.43 $36.63 5th Period 80% $44.14 $45.69 $47.24 $48.83

SOLAR

General Foreman (101+ JW) 140% $77.24 $79.95 $82.67 $85.46 General Foreman (33-100 JW) 130% $71.73 $74.24 $76.76 $79.35 Assistant General Foreman (66+ JW) 122% $67.31 $69.67 $72.04 $74.47 Lead Foreman Solar(17-32+JW) 120% $66.21 $68.53 $70.86 $73.25 Foreman (1-16 JW) 115% $63.45 $65.68 $67.91 $70.20 Journeyman Wireman 100% $55.17 $57.11 $59.05 $61.04

NOTE: To be Deducted from Gross Wages

Working Dues (5% of Gross wages) C.O.P.E. (Committee on Political Education) (0.7% of Gross wages) effective 7/29/19

FRINGES:

3.05(b) In addition to the above hourly rates, payments shall be made as follows:

1. NEBF 3% of gross labor payroll (Reference Section 6.01)

2. Health & Welfare Fund 31% of gross labor payroll (Reference Section 6.02)

3. Supplemental Benefit Fund 2% of gross labor payroll (Reference Section 6.06)

4. Local Union Annuity Fund 19.5% of gross labor payroll (Reference Section 6.05)

5. Local Union Pension Fund 18.5% of gross labor payroll (Reference Section 6.04)

6. Temporary Disability Fund (TDB) .9 of 1% of gross labor payroll (Reference Section 6.03)

7. Joint Apprenticeship Fund (JATC) 1.5% of gross labor payroll (Reference Section 5.16)

8. Employee Vacation Fund 4% of gross wages is to be deducted from each employee’s weekly pay (Reference Section 6.07)

9. Northern New Jersey Chapter 0.3 of 1% of the productive electrical labor Administrative Maintenance Fund payroll (per Memorandum of Agreement dated (NNJCAMF) September 17, 1997) (Reference Article VIII)

10. Northern New Jersey Electrical 0.4 of 1% of productive electrical labor payroll Industry Fund (NNJEIF) (Reference Article VII)

11. National Labor Management 1 cent per hour of productive electrical labor payroll Cooperation Committee (NLMCC) (Reference Article X)

12. Local Labor-Management $.15 per Gross Hour to administer drug testing

Cooperation Committee (LMCC) program

3.05(c) On jobs where workmen are required to work as follows:

*Fifty feet or more above the ground in a bucket truck or above the ground or protective decking with open spaces beneath the worker(s).

The said workmen shall be paid two dollars and seventy five cents ($2.75) per hour in addition to their regular rate of pay.

This does not apply to the construction of pole and steel tower transmission lines or to work from OSHA approved scaffolds.

3.05(d) All radio towers and work on smokestacks shall be paid at the rate of Twenty-Five

Percent (25%) per hour over the regular rate of pay.

TRAVEL TIME:

3.06(a) For jobbing only, the Employer shall pay for traveling time and furnish transportation within the area covered by this Agreement. On work outside this area the Employer shall furnish transportation, board and all necessary expenses.

3.06(b) When an Employee is permitted by his Employer to drive a company vehicle to and from his residence, such Employee shall not use said vehicle to the detriment of the working hours and working conditions of this Agreement.

3.06(c) Workmen shall not report to the Employers shop more than fifteen (15) minutes prior to their prescribed start time. When workmen are directed to report directly to a job they shall be on the job and ready to begin work at the prescribed start time.

3.06(d) When the employee is required to report to a job and required to change jobs during regular work hours, the Employer shall pay for traveling time and furnish transportation or shall be paid at the current IRS guidelines for mileage.

UNION DUES DEDUCTION:

3.07 The Employer agrees to deduct and forward to the Financial Secretary of the Local Union upon receipt of a voluntary written authorization the additional working dues from the pay of each IBEW member. The amount to be deducted shall be the amount specified in the approved Local Union Bylaws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

RATIO OF FOREMEN TO JOURNEYMEN:

3.08(a) On any job 2 Journeymen, one shall be designated as Foreman. When you have five

(5) total journeymen on the job, the Foreman shall receive the Foreman 5-10 rate. After eight (8) Journeymen are employed under a Foreman, such Foremen shall not work with the tools. At no time shall a Foreman have more than ten (10) Journeymen directly under his supervision. The second Foreman will be a working Sub-Foreman with up to 5 JW in their crew before they shall become a non-working Foreman. Each Foreman after the second Foreman shall not be permitted to work with tools. Foremen are allowed to unload material from delivery trucks by hand.

On jobs such as satellite stores, shopping centers and similar situations, a working Foreman in third and subsequent crews may be permitted at the discretion of the Union. When deemed necessary in order to protect the industry on any given job, crew sizes and ratios may be increased by mutual agreement of the Employer and the Business Manager.

3.08(b) No Journeyman shall be appointed as a Foreman, Assistant General Foreman or General Foreman unless he/she has completed a Foreman training course given by Local Union No. 400, IBEW. Journeymen wiremen who have been employed as Foreman or are working under Portability of Manpower as outlined in Article II, Section 2.07 will not be required to complete a Foreman training course. The Foremen’s training course shall be administered jointly, by Local Union No. 400 and the JATC. This course shall be available to all Journeymen working under the terms of this Agreement.

3.08(c) All General Foremen, Assistant General Foremen, Lead Foremen, Foremen and Plan Readers on all jobs in this jurisdiction shall be qualified Journeymen.

3.08(d) All General Foremen, Assistant General Foremen, Lead Foreman and Foremen shall be paid for holidays as stated in Article III, Section 3.02(a) of this Agreement, when said holidays occur during the regular workweek. On a 4-10's job, Foreman's holiday pay will be paid for 10 hours.

3.08(e) After two (2) Foremen are employed on any job, the General Foreman shall not direct a crew of workmen.

3.08(f) No Foreman in a supervisory capacity shall leave an uncompleted job, without proper cause, or due notice to the Employer and the approval of the Business Manager.

3.08(g) General Foremen, Assistant General Foremen, Lead Foremen, Foremen and Plan Readers shall be designated in accordance with the following schedule:

Total # of JW

General Foreman

101+ *see below

General Foreman 24-100

Assistant

GF 37+

Lead Foreman

11-23 JW

Foremen

5-10 JW

2-4 JW

Plan Reader

*see Art.3.08 (k) JW 1 0 0 0 0 0 0 1 0 2 0 0 0 0 0 1 0 1 3 0 0 0 0 0 1 0 2 4 0 0 0 0 0 1 0 3 5 0 0 0 0 1 0 0 4 6 0 0 0 0 1 0 0 5 7 0 0 0 0 1 0 0 6 8 0 0 0 0 1 0 0 7 9 0 0 0 0 1 0 0 8

10 0 0 0 0 1 0 0 9 11 0 0 0 0 1 0 0 10 12 0 0 0 1 1 0 0 10 13 0 0 0 1 1 0 0 11 14 0 0 0 1 1 0 0 12 15 0 0 0 1 1 0 0 13 16 0 0 0 1 1 0 0 14 17 0 0 0 1 1 0 0 15 18 0 0 0 1 1 0 0 16

Total # of JW

General Foreman

101+ *see below

General Foreman 24-100

Assistant

GF 37+

Lead Foreman

11-23 JW

5-10 JW

2-4 JW

Plan Reader

*see Art.3.08 (k) JW 19 0 0 0 1 1 0 0 17 20 0 0 0 1 1 0 0 18 21 0 0 0 1 1 0 0 19 22 0 0 0 1 1 0 0 20 23 0 0 0 1 2 0 0 20 24 0 1 0 0 3 0 0 20 25 0 1 0 0 3 0 0 21 26 0 1 0 0 3 0 0 22 27 0 1 0 0 3 0 0 23 28 0 1 0 0 3 0 0 24 29 0 1 0 0 3 0 0 25 30 0 1 0 0 3 0 0 26 31 0 1 0 0 3 0 0 27 32 0 1 0 0 3 0 0 28 33 0 1 0 0 3 0 0 29 34 0 1 0 0 3 0 0 30 35 0 1 0 0 4 0 0 30 36 0 1 0 0 4 0 0 31 37 0 1 1 0 4 0 0 31 38 0 1 1 0 4 0 0 32 39 0 1 1 0 4 0 0 33 40 0 1 1 0 4 0 0 34 41 0 1 1 0 4 0 0 35

For each additional ten (10) Journeymen, one (1) additional Foreman shall be added. For each additional forty (40) Journeymen, one (1) additional Assistant General Foreman shall be added.

For 101 + Journeyman, one must be a General Foreman (101+).

3.08(h) On jobs having a Foreman, workmen are not to take directions or orders, or accept layout of any job from anyone except the Foreman.

3.08(i) The superintendent of any firm or Contractor shall give instructions to the Senior Foremen only. In no case shall a Superintendent handle tools or perform any manual labor whatsoever on the job except in emergencies.

3.08(j) No Foreman on one job shall at the same time supervise or perform work on another job, except in cases of emergencies, unless his assigned job is shut down for a period of three or more days or cleared by the Business Manager.

3.08(k) On jobs where the electrical work is less than $150,000.00 there will be no Plan Reader or Foremen unless three (3) or more Journeymen are employed on such job. However, on jobs where the cost of the electrical work is $150,000.00 or more, the first Journeyman who is responsible for reading plans and laying out shall be classified as a Plan Reader while so employed.

3.08(l) The Employer shall have the right to name and/or assign the worker of his choice to be or replace a Foreman on a job in the employ of said Employer.

SHOW-UP PAY:

3.09(a) Any Employee who starts to work at the prescribed start time of the workday, when directed to do so by the Employer or the Foremen, and is directed to stop work due to weather conditions, lack of materials or other causes beyond their control, shall receive two (2) hours pay.

Workmen who continue working after 12:30 p.m. shall receive a full days pay unless leaving work on their own accord.

3.09(b) When workmen are directed to report to a job and they do not start work due to weather conditions, lack of materials or other causes beyond their control, they shall receive two (2) hours pay unless notified before their prescribed start time.

3.09(c) In the event that it is necessary for a contractor to call in workmen to do any work after said workmen have completed their days work and have gone home, workmen returning to this or any other regular construction job shall receive no less than four (4) hours pay at the prescribed overtime rate. This applies to weekends and holidays at anytime.

SHIFT WORK:

3.10 When so elected by the contractor, multiple shifts of at least five (5) days' duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall be worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day shift" shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours' work.

The second shift (swing shift) shall be worked between the hours of 4:30 p.m. and 12:30 a.m.

Workmen on the "swing shift" shall receive eight (8) hours' pay at the regular hourly rate plus 10% for seven and one-half (7 1/2) hours' work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 a.m. and 8:00 a.m.

Workmen on the "graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate plus 15% for seven (7) hours' work.

A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half times the "shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight time rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

3.11 When pipe cutting and threading machines are used, such shall be operated by a Journeyman, 3rd, 4th or 5th year apprentice.

3.12(a) The Employer shall be responsible for the loss of any workmen's tools due to fire, or theft, caused by breaking and entering, but the liability shall not exceed $$1,000.00. Employers shall report such loss to the Business Manager of the Union. Employers shall furnish a toolbox or shanty provided with a lock to insure the safe keeping of all tools. Workmen requesting payment for loss of tools must provide receipts and, if applicable, file a police report indicating theft or break-in before payment is made by the Employer. No tools, materials, or equipment shall be housed by the contractor in that portion of the locker shanty that has been allocated for their accommodations of the men's wearing apparel and their tools or used to eat.

3.12(b) On jobs where it is practical, the Employer shall furnish a heated shanty in the winter, and suitable place for workmen to eat and change their clothes.

3.12(c) The Employer shall supply potable drinking water and cups.

TEMPORARY:

3.13(a) The installation and maintenance of temporary light and power shall be performed by Journeymen Wiremen who are employed by an Electrical Contractor. There shall be no requirement for temporary heat unless claimed by another trade.

3.13(b) Where wiring for temporary light and/or power is installed on a job, no standby maintenance will be required during regular working hours 7:00 a.m. to 4:30 p.m.

3.13(c) In other than the regular working period, 7:00 a.m. to 4:30 p.m., Monday through Friday. Maintenance requested by any other contractor on temporary light and/or power, shall be performed by Journeymen Wiremen employed by an Electrical Contractor.

3.13(d) All work related to temporary light and power performed Monday through Saturday outside the regular working period shall be paid at one and one-half the straight time rate of pay.

All work related to temporary light and power performed on Sunday and Holidays shall be paid at double the straight time rate of pay.

3.13(e) When temporary lights are installed in stairways, hallways, gauge and/or watchmen lights and are used for safety purposes only, and are properly protected with guards and on circuits separate from temporary wiring, no maintenance shall be required.

3.13(f) Permanent wiring on all light and/or power shall require no maintenance.

3.13(g) The Employer shall not be required to provide stand-by personnel for temporary light and/or power beyond normal work hours at his own expense. If stand-by is requested by another trade, the Employer will provide the personnel provided the Employer is reimbursed for the cost of providing such services.

3.13(h) All overtime on maintenance of temporary light and/or power shall be allotted evenly to Journeymen on the job.

3.13(i) All main switches controlling temporary light and/or power shall be enclosed in a cabinet and provided with a lock and two (2) keys. Temporary shall follow all OSHA procedures regarding Lock Out and Tag Out. All locks and tag outs shall be supplied by the contractor.

3.13(j) When temporary heat is required on a 24 hour a day basis and the wiring is of a temporary nature, it shall be maintained by three (3) consecutive eight (8) hour shifts, Monday to Friday inclusive, and shall be paid at straight time. When less than three (3) shifts, the work performed before the hour of 7:00 a.m. and after the hour of 4:30 p.m. on Monday through Saturday shall be paid at the rate of one and one half the straight time rate of pay. Sundays and Holidays shall be paid at double the straight time rate of pay.

3.13(k) When a stationary or automatic heating boiler is wired permanently no maintenance shall be required.

3.13(l) All electrical equipment shall be maintained by electricians employed under this Agreement.

COPE DEDUCTION:

3.14 The Employer agrees to deduct and transmit to IBEW/COPE an amount of 0.7% from the wages of each Employee who authorizes such contributions on the forms provided for that purpose by IBEW/COPE.

These transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such deductions have been made and the amount deducted for each such employee.

CALCULATION OF SHIFT RATES AND OVERTIME

UNDER THE NATIONAL AGREEMENT

3.15 In order to clear up any questions concerning shift rates and shift overtime calculations in the new shift language, the following method is to be used.

1st Shift – Assume $10.00 straight time hourly rate.

Pay for Shift: 8 hours at straight time rate ($10.00) = $80.00/shift 1st Shift Overtime Rate: $10.00 x 1 ½ = $15.00 per hour.

2nd Shift

Pay for Shift: 8 hours x $10.00 + 10% ($8.00) = $88.00/shift 2nd Shift Hourly Rate: $88.00 ÷ 7 ½ hours worked = $11.73 per hour 2nd Shift Overtime Rate: Shift Rate ($11.73) x 1 ½ = $17.60 per hour

3 rd Shift Pay for Shift: 8 hours x $10.00 + 15% ($12.00) = $92.00/ shift 3rd Shift Hourly Rate: $92.00 ÷ 7 hours worked = $13.14 per hour 3rd Shift Overtime Rate: Shift Rate ($13.14) x 1 ½ = $19.71 per hour

On shift work between the hours of 8:00 a.m. Saturday, and 8:00 a.m. Monday, the appropriate overtime rate in the local agreement shall be paid for actual hours worked.

OFF SHIFT

3.16 At the request of the end user, any eight (8) consecutive hours of work starting between 10AM and 10PM may be performed at 108% of the regular straight time rate of pay. This “off shift” schedule must be a minimum of three (3) days in duration and cannot be used in combination with any other shift Monday through Friday. An “Off Shift” work week may be instituted consisting of four (4) consecutive ten (10) hour days, with the “Off Shift” starting between the hours of 10:00 AM and 10:00 PM, Monday through Thursday or Tuesday thru Friday.

ARTICLE IV

REFERRAL PROCEDURE

4.01 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 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.

4.02 The Union shall be the sole and exclusive source of referral of applicants for employment.

4.03 The Employer shall have the right to reject any applicant for employment.

4.04 The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the following procedure.

4.05 The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

JOURNEYMAN WIREMAN -- JOURNEYMAN TECHNICIAN

GROUP I All applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and, who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall by electronic means notify the business manager of the applicant’s former Group I status local union.

GROUP II All applicants for employment who have four or more years' experience in the trade and who have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.

GROUP III 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 geographical area covered by the collective bargaining agreement.

GROUP IV All applicants for employment who have worked at the trade for more than one year.

4.06 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".

4.07 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.

4.08 "Normal construction labor market" is defined to mean the following geographical area plus the commuting distance adjacent thereto which includes the area from which the normal labor supply is secured: Monmouth and Ocean Counties.

The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-Bacon Act to which the Agreement applies.

4.09 "Resident" means a person who has maintained his 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 his permanent home.

4.10 An “Examination” shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the I.B.E.W. Reasonable intervals of time for examinations are specified as ninety (90) days. An applicant shall be eligible for examination if he has four years' experience in the trade.

4.11 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.

4.12 An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon…