F2-Full CBA.pdf

NEBA

AGREEMENT

WITH

I N T E R N AT I O N A L U N I O N

of

ELEVATOR CONSTRUCTORS

July 9, 2017 to July 8, 2022

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NEBA

AGREEMENT

WITH

I N T E R N AT I O N A L U N I O N

of

ELEVATOR CONSTRUCTORS

July 9, 2017 to July 8, 2022

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Whenever any words are used in this Agreement in the masculine gender they shall be construed as though they are also used in the feminine gender or neuter gender in all situations where they would so apply.

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INDEX

ARTICLE Page

I Parties to the Agreement II Recognition Clause III Membership Requirements . . 2 IV Work Jurisdiction

IV (A) Systems, Modular and Industrial Structure

V Wages VI Holidays VII Construction Work VIII Repair Work

VIII (A) Modernization Work IX Contract Service X Designation of Helper’s, Apprentice’s and Assistant Mechanic’s Work and Qualifications

XI System of Payment XII Vacations and Paid Time Off . . 62 XIII Traveling Time and

Expenses XIV Strikes and Lockouts XV Arbitration XVI Jurisdictional Territory XVII Health Benefit Plan

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XVIII Pension Plan XVIII (A) 401(k) Annuity

XIX Educational Fund XX Elevator Industry Work

Preservation Fund XXI Payment for Lost or Stolen

Tools XXI (A) Metric Tools

XXII Hiring, Layoffs and Transfers

XXIII Scope and Terms of Agreement

XXIV Re-Opening Clause XXV Termination of Agreement . . 104 XXVI Local Option XXVII Reporting Time, Subpoenaed

Witnesses, Uniforms Appendix “A” Decisions of the Joint Industry Committee

Letters of Agreement Substance Abuse

ARTICLE Page

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ARTICLE I

Parties to the Agreement

This Agreement, made by and between the Na-tional Elevator Bargaining Association (hereinafter referred to as “NEBA”) and the INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS (here-inafter referred to as “IUEC” or the “Union”), for the purpose of establishing harmonious relations and facilitating peaceful adjustment of wage sched-ules and working conditions. The INTERNA-

TIONALUNIONOFELEVATORCONSTRUCTORS

makes this Agreement for and on behalf of its affili-ated local unions and a list of the local unions for which the International negotiates and executes this Agreement is attached hereto and made a part hereof. NEBAmakes this Agreement for and on be-half of its employer members (hereinafter referred to individually as the “Company” or the “Em-ployer”), and a list of the Employers for which NEBA negotiates and executes this Agreement is attached hereto andmade a part hereof.

ARTICLE II

Recognition Clause

Par. 1. The Union claims and the Employer ac-knowledges and agrees that the Union has supplied proof that a majority of its Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 1 and Elevator Constructor Assistant Mechanics have authorized the Union to represent them in collective bargaining with the Employer.

The Employer recognizes the Union as the ex-clusive Section 9(a) bargaining representative for all Elevator Constructor Mechanics, Elevator Constructor Helpers, Elevator Constructor Ap-prentices and Elevator Constructor Assistant Mechanics (hereinafter referred to sometimes as “Mechanics, Helpers, Apprentices and Assistant Mechanics “ or collectively as “Elevator Con-structor(s)”) in the employ of the Employers en-gaged in the installation, repair, modernization, maintenance and servicing of all equipment re-ferred to in Article IV, Par. 2 and Article IV (A).

Par. 2. The Union recognizes that it is the re-sponsibility of the Company in the interest of the purchaser, the Company and its employees to maintain the highest degree of operating ef-ficiency and to continue technical develop-ment to obtain better quality, reliability, and cost of its product provided, however, that this provision is not intended to affect the work jurisdiction specified in Article IV and other Articles of the Agreement.

ARTICLE III

Membership Requirements

Par. 1. All Mechanics, Helpers, Apprentices and Assistant Mechanics covered by this Agree-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 2 ment shall, as a condition of employment ob-tain and maintain membership in a local union of the International Union of Elevator Con-structors on and after the thirtieth (30th) day following the beginning of their employment or the date this Article becomes effective, whichever is later.

Par. 2. The Company shall be obligated under this Article, after it becomes effective as above provided, to terminate the employment of any employee who fails to obtain or main-tain membership in a local union as required by this Article, upon receipt of a written re-quest for such termination from his local union: except that the Company shall have the right to refuse such request if it has reason-able grounds for believing (1) that such mem-bership is not available to the employee on the same terms and conditions generally applica-ble to other members, or (2) that membership has been denied or terminated for reasons other than the failure of the employee to ten-der the periodic dues and initiation fees uni-formly required as a condition of acquiring or retaining membership.

Par. 3. Beginning January 1, 2018, the Company agrees to deduct from the wages, each week, the IUEC dues or service fees of each em-ployee who authorizes the Company to do so.

The Union shall notify the Company in writ-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 3 ing, of the amount of such dues or service fees or any change in the amount of such dues or service fees prior to December 1 of each year.

Any change in deduction shall become effec-tive beginning with the second full pay period after the Company receives such written no-tice of change from the Union.

Beginning with the second pay period fol-lowing receipt of a written authorization signed and dated by a bargaining unit em-ployee on a form approved by NEBA, the Company shall deduct, from the employee’s pay, the appropriate IUEC Dues or Service Fees payable by the employee to the IUEC during the period provided for in the authori-zation. The dues check-off authorization is ir-revocable for a period of one year from the date it is delivered to the Company or until ter-mination of the collective bargaining agree-ment between the Company and the IUEC, whichever occurs sooner. The authorization, assignment and direction shall be automati-cally renewed and shall be irrevocable for suc-cessive periods of one year each and for the period of each successive agreement between the Company and the IUEC, whichever shall be shorter, unless notice is given to the Com-pany with whom the employee is employed at that time and the IUEC not more than twenty

(20) days and not less than the ten (10) days prior to the expiration of each period of one year, or of each applicable collective bargain-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 4 ing agreement between the Company and the IUEC, whichever occurs sooner, by submitting a written revocation to the Company with a copy to the IUEC and NEBA. Said revocation shall be in effect on the date of receipt by the Company.

A list of all employees, along with the last four digits of their respective Social Security Numbers and amounts deducted for each week shall be sent to the Union along with the remittance for the total amounts checked off.

The Company shall not be required to make deductions with respect to any employee for a payroll period in which the employee:

(a) is in an unpaid leave status for the pay period;

(b) is receiving Workers’ Compensation, Un-employment Compensation or disability bene-fits for the pay period; or

(c) has a net pay which is less than the amount of IUEC Dues or Service Fees to be deducted. The Union shall receive the above monthly remittance and the list of employees on the same schedule as applies to the Benefit Plans (currently by the 15th day of the month following the month in which the funds were deducted).

The Union will hold NEBA and/or the Com-panies harmless and indemnify NEBA and/or the Companies for any costs, damages or lia-bilities, including, but not limited to, reason-able litigation costs and attorneys’ fees, in-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 5 curred by NEBA and/or the Companies as a re-sult of this Article.

Par. 4. Employees working in any state which prohibits the execution or application of Agreements requiring membership in a labor organization as a condition of employment have the right to join or refrain from joining the International Union of Elevator Construc-tors. Employees who decide not to join the Union, however, and who are covered by this Agreement shall, as a condition of employ-ment, be required to pay a monthly service fee to the Union. The service fee shall be the em-ployees’ prorata share of costs of collective bargaining and the handling of grievances and arbitrations. The service fee shall not include any prorata share of costs of items other than collective bargaining and handling of griev-ances and arbitrations, and under no circum-stances will the service fee be used by the Union for any purpose other than to meet the expenses of collective bargaining and han-dling of grievances and arbitrations.

On and after the thirtieth (30th) day follow-ing the date of this Agreement or on and after the thirtieth (30th) day following the date of commencement of employment by an em-ployee, whichever is later, regular tendering of the service fee shall be a condition of employ-ment, subject to the rights of employees and obligations of parties under the law. Service

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 6 fees shall be payable on or before the first day of each month.

Par. 5. All the provisions of this Article shall be ef-fective to the extent permitted by applicable law.

ARTICLE IV

Work Jurisdiction

Par. 1. It is agreed by the parties to this Agree-ment that all work specified in Article IV shall be performed exclusively by Elevator Con-structor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechanics in the employ of the Company.

Par. 2.

(a) The handling and unloading of all equip-ment coming under the jurisdiction of the Ele-vator Constructor, from the time such equip-ment arrives at or near the building site, shall be handled and unloaded by the Elevator Con-structors. Mechanical equipment such as a fork lift or truck mounted swing boom may be used by the Elevator Constructors. A derrick, crane or material hoist can be used under the supervision of Elevator Constructors to han-dle and unload the heavy material described in Par. 5(a). Where unusual conditions are ex-pected to exist prior to delivery of equipment at or near the building site in regard to han-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 7 dling and unloading of equipment in the pri-mary or secondary jurisdiction of the local union, the Company shall contact the Local’s Business Representative to make appropriate arrangements for the handling and unloading of such equipment. In areas outside the juris-diction of the local union, the Company shall contact the Regional Director.

(b) The erecting and assembling of all eleva-tor equipment to wit: electric, hydraulic, steam, belt, dumbwaiters, residence elevators, parking garage elevators (such as Bowser, Pi-geon Hole, or similar types of elevators), shut-tles, compressed air and handpower, auto-matic people movers, monorails, airport shut-tles and like-named devices used in the trans-portation of people for short distances of travel (less than 5 miles), as well as vertical re-ciprocating conveyor systems.

(c) It is understood and agreed that the pre-assembly of all escalators, moving stairways and link belt carriers that may be done in the factory shall include the following:

1. Truss or truss sections with tracks, drive units, machines, handrail drive sheaves, drive chains, skirts on the incline sections but not curved sections, step chains and steps in-stalled and permanently aligned.

2. Balustrade brackets may be shipped at-tached but not aligned.

3. Setting of all controllers and all wiring and conduit from the controller.

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All other work on escalators, moving stair-ways and link belt carriers shall be performed in the field by Elevator Constructor Mechan-ics, Helpers, Apprentices and Assistant Me-chanics either before or after the truss or truss sections are joined and/or hoisted and placed in permanent position. This includes any and all work not done in the factory.

The erecting and assembly of all theater stage and curtain elevator equipment and guides and rigging thereto, organ consoles and orchestra elevators shall be performed by Ele-vator Constructor Mechanics, Helpers, Ap-prentices and Assistant Mechanics.

(d) All wiring, conduit, and raceways from main line feeder terminals on the controller to other elevator apparatus and operating circuits.

Controllers are not to be shipped from the fac-tory with extended wiring attached thereto.

(e) The erecting of all guide rails.

(f) The installation of all grating under the control of the Company. The installation of all counterweight screens, overhead work, either wood or iron, and all material used for mount-ing of elevator apparatus in machine room, overhead or below.

(g) The drilling of overhead beams for at-taching machines, sheaves, kick angles, and all other elevator equipment.

(h) The setting of all templates.

(i) All foundations, either of wood or metal, that should take the place of masonry.

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(j) The assembly of all cabs complete.

(k) The installation of all indicators.

(1) The erecting of all electrical or mechani-cal automatic or semi-automatic gates com-plete.

(m) The hanging of all automatic or semi-au-tomatic elevator hoistway doors, together with the installation of hangers and tracks.

(n) The installation of all devices for open-ing and closing, and locking of elevator car and hoistway doors and gates.

(o) The drilling of doors for mounting of closing devices.

(p) The drilling of angle supports for mount-ing of closing devices except one template hole.

(q) The drilling of sills for sill trips.

(r) The operating of temporary cars.

(s) The setting of all elevator pressure open or pit tanks.

(t) The setting of hydraulic power units

(power units include: motor, pump, drive valve system, internal piping, muffler, internal wiring, controller and tank). Where power units arrive in parts, they shall be assembled at the job site. The wiring and piping to and between multiple hydraulic power units shall be performed at the job site.

(u) All air cushions with the exception of those built of brick or those put together with hot rivets.

(v) Landing door entrances.

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Par. 3.

(a) Nothing contained in Article IV shall pre-clude the Company from preassembling and prefabricating the following:

(1) Temporary elevators A temporary elevator is defined as a nonper-manent elevator installed prior to or during construction work inside or outside buildings.

The assembly, disassembly and moving of temporary elevators from job to job or area to area may be accomplished in the most eco-nomical fashion provided, however, whatever work is required to be performed at the job site in connection therewith shall be per-formed exclusively by Elevator Constructor Mechanics, Helpers, Apprentices and Assis-tant Mechanics.

(2) Residence elevators Residence elevators shall mean elevators in-stalled solely for use in a single family resi-dence and not for general public use. Single family residences may be part of a multi-unit structure.

(3) Dumbwaiters

(4) Dock elevators

(5) Parking garage elevators (such as

Bowser, Pigeon Hole or similar types of eleva-tors)

(6) Apartment House elevators Apartment house elevators shall mean an ele-vator installed in a multi-unit, multifamily struc-ture, (excluding condominiums) but not to ex-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 11 ceed three (3) stories in height (i.e. 36 ft.) and the elevator shall not make more than three (3) stops nor exceed a capacity of 2500 lbs.

(7) Preassembled plug connectors may be used to interconnect the solid state compo-nents of the elevator systems (solid state to solid state only), and to connect any compo-nent in and on the car.

When the use of fiber optics is applied to the elevator system, preassembled plugs/coupling devices may be used to maintain the integrity of the connection(s).

It is understood and agreed that the con-necting and/or coupling of devices will be done by the Elevator Constructor whether ac-complished by external wiring or preassem-bled plug connectors as provided in this Para-graph.

(8) Limited Use/Limited Access Elevators which shall mean elevators described under the scope of Limited Use/Limited Access Ele-vators as defined in A.S.M.E. A17.1. Incline stairway chair lifts and incline and vertical wheelchair lifts shall mean lifts described under the scope of A.S.M.E. A17.1.

Limited Use/Limited Access Elevators, in-cline stairway chair lifts, inclined and vertical wheelchair lifts, and residence elevators may be installed in the most economical fashion, provided there is no factor of safety involved.

Whatever work is required to be performed at the job site in connection therewith shall be

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 12 performed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics.

(9) Landing door entrance assemblies which will be limited to struts, sills, headers, frames and associated hardware for installation pur-poses: door header including tracks, hangers, and all relating devices (adjusting and aligning to be done in the field).

(10) Car-top inspection station which may only include pre-wired service light, gate switch, alarm device and inspection station.

(a) Pre-wired canopies with lights and fans.

Par. 3.

(b) It is understood and agreed that the pre-assembly and/or prefabrication of electric walks, Trav-o-lators, speed ramps or similar type of moving walks, (limited to 15° incline per ANSI Code), shall include the following:

(1) Truss sections with drive units, ma-chines, handrail drive sheaves and drive chains installed and aligned.

(2) Truss sections with tracks installed and aligned.

(3) Balustrade brackets may be shipped at-tached but not aligned.

(4) Setting of all controllers and all wiring and conduit from controllers.

Work to be done in the field shall include setting and aligning of truss sections and sup-ports, installation of pallets (platforms and

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 13 belting), handrails, handrail idler sheaves, cen-tering guides, combplates, balustrades and trim.

Par. 4.

(a) It is agreed that when sinking, drilling, boring or digging cylinder wells for hydraulic lifts, hydraulic elevators or screw lifts, the Company shall employ Elevator Constructor Mechanics, Elevator Constructor Helpers, Ele-vator Constructor Apprentices and Elevator Constructor Assistant Mechanics.

(b) On any job where the Company subcon-tracts the sinking, drilling, boring or digging of cylinder wells for hydraulic lifts, hydraulic ele-vators or screw lifts, one Elevator Constructor Mechanic shall be employed by the Company to supervise and assist in any and/or all work related to sinking, drilling, boring or digging of the cylinder well including the installation of the casing whether its sections be welded, screwed or riveted or by any other method joined.

(c) It is agreed that the work performed by the subcontractor shall be strictly limited to work in connection with the digging of the hole and the installation of the casing. It is un-derstood that the Company will have the pre-ceding sentence inserted in his contract with the subcontractor.

(d) The Company shall have the Elevator

Constructor Mechanic on the job at the time

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 14 the subcontractor arrives on the job for the drilling of the hole and during the entire time the subcontractor performs any work in con-nection with the drilling of the hole including the setting up and/or assembly and disassem-bly of the rig.

(e) If the Company violates the requirement defined in Par. (d) it shall be assessed and pay as liquidated damages a sum equal to double the total compensation of the Elevator Con-structor Mechanic in the area for the number of hours an Elevator Constructor Mechanic should have been on the job and was not on the job in the sinking, drilling, boring or dig-ging the cylinder well. This liquidated damage shall be paid by the Company to the said jointly administered trust fund.

In the case of a second offense, the liqui-dated damages shall be computed on the same basis as the first offense, except that the amount shall be tripled instead of doubled; for the third and subsequent offenses during the term of this Agreement, the liquidated dam-ages shall be $500 more than the second of-fense.

The Company’s Regions shall constitute sep-arate areas for the counting of repeated viola-tions by the Company and only violations in the same district shall be counted for the pur-pose of imposing graduated penalties.

(f) Should a work stoppage or strike occur because of a dispute over the application or

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 15 interpretation of this paragraph none of the foregoing penalties will be imposed.

Par. 5.

(a) Where heavy material is to be hoisted or lowered outside of the structure, a derrick, crane or material hoist can be used under the supervision of Elevator Constructors in the employ of the Company. Heavy material under subparagraph (a) is confined to machines, controllers, generators, trusses, or sections of trusses, plungers and cylinders. (Where multi-ple sections of cylinders and plungers are used, they shall be connected in the field by Elevator Constructors. Exception: the Com-pany’s multiple sections of cylinders may be connected either in the field or factory up to thirty-eight (38) feet in length; where multiple sections of plungers are used, they shall be connected in the field by Elevator Construc-tors.) In addition to the foregoing, the Com-pany shall have the right to utilize derricks, cranes or a material hoist to hoist or lower tools of the trade, gang boxes, welders, air and gas tanks, cutting torches, material handling equipment and safety equipment.

(b) Where conditions are such that the fol-lowing heavy material can be hoisted up the hoistway, it shall be hoisted by the Elevator Constructors. Where conditions are such that the following heavy material cannot be hoisted up the hoistway, it can be hoisted with

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 16 a crane or material hoist under the supervi-sion of Elevator Constructors. Heavy material under subparagraph

(b) is confined to beams, sheaves, bundles of rails and preassembled landing door en-trances.

(c) The above heavy material in subpara-graphs (a) and (b) shall be hoisted separately with the exception of plungers and cylinders, rails, beams, preassembled landing door en-trances and where conditions warrant ma-chines with beams, which may be hoisted to-gether.

(d) All other material is to be hoisted or low-ered by Elevator Constructors without the use of derrick or crane.

Par. 6. The wrecking or dismantling of elevator plants shall be performed by Elevator Con-structor Mechanics, Elevator Constructor Helpers, Elevator Constructor Apprentices and Elevator Constructor Assistant Mechan-ics. It is understood and agreed that the Union reserves the right to refuse to install any new elevators in any plant where the wrecking or dismantling of the old elevator plant has been done by other than Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and Elevator Constructor Assistant Mechanics. Before the local union shall refuse to install a new eleva-tor, such action must be first approved by the

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International. Elevator plants as referred to in this paragraph are understood to include ele-vators, escalators, moving stairways, dumb-waiters, moving walks and all other equipment coming under the jurisdiction of the Elevator Constructor.

Par. 7. Where Elevator Constructor Mechanics are not available to lay car floor covering, it is agreed that the Company may employ others to do this work.

Par. 8. Inserts and/or bond blocks are to be set by Elevator Constructor Mechanics in the pri-mary jurisdictions of local unions at the op-tion of the Company. Inserts may be set by others outside of the primary jurisdictions of local unions where a full day’s work cannot be provided.

Par. 9. No restrictions shall be imposed as to methods, tools, or equipment used.

Par. 10. It is agreed that the work specified in Article IV has always been performed exclu-sively by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics in the employ of the Company at the site of the installation. It is agreed that effective July 9, 1977, the work specified in Article IV that is performed exclusively by Elevator Construc-tor Mechanics, Helpers, Apprentices and As-sistant Mechanics may be performed at the

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 18 site of the installation or at another assembly point provided that (1) the assembly point is not in or adjacent to the Company’s manufac-turing facility, (2) the assembly point is within the primary or secondary jurisdiction of the local union in whose jurisdiction the site of in-stallation is located, and (3) the work is per-formed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics of the local union in whose jurisdiction the site of installation is located. If the site of installa-tion is located outside the jurisdiction of a local union (in open territory), it is agreed that

(1) the assembly point must be within twenty-five (25) miles of the site of installation, (2) the assembly point is not in or adjacent to the Company’s manufacturing facility, and (3) the work is performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics from the local union who ordinarily perform work for the Company in the vicinity of the site of the installation. The unloading and handling of all equipment coming under the jurisdiction of the Elevator Constructor at an assembly point shall be performed in accor-dance with Par. 2(a) of this Article.

Par. 11.

(a) All differences and disputes concerning

Article IV or Article IV(A) shall be settled in accordance with the grievance procedures in Article XV.

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(b) While any question or dispute pertaining to Article IV or Article IV(A) is being processed the Company, where possible, shall assign the employees work other than the work in dispute. Where the work has pro-gressed to a point where it is not possible to perform work other than the work in dispute, then the employee shall perform the disputed work pending final resolution as provided herein.

ARTICLE IV(A)

Systems, Modular and Industrial Structures

Par. 1. Systems Building. Systems, modular, in-dustrialized or similar structures are those whose superstructures and components are pre-assembled in sections, rooms, or floors, in whole or in part, in areas adjacent to or re-mote from the permanent site of the struc-ture. The erection and assembly of elevator components in building modules is to be done by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics whether the assembly site is adjacent to the job or remote from the job. Where the Com-pany has a choice or selection of the assem-bly site, such sites are to be mutually agreed upon by the General President of the Interna-tional Union of Elevator Constructors and the Company. It is understood that if members of

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 20 one local perform part of such work at an as-sembly site remote from the permanent job site, members of the local covering the per-manent job site will perform the remainder of the work. The elevator work remaining to be done after modules have been put into perma-nent place, shall be performed by Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics so that the jurisdic-tion of the Elevator Constructor as related to any other Building Trade, shall remain intact as outlined in the latest “Green Book” or “Plan for Settling Jurisdictional Disputes, Na-tionally & Locally” or its successor as ap-proved by the Building & Construction Trades Dept., AFL-CIO.

Par. 2. The work to be done by Elevator Con-structors is as follows:

(a) The installation and assembly of all ma-chine room equipment whether overhead or below on prefabricated machine room floors.

(b) Assemble car frames and cabs complete with door operating equipment, control, signal and operating devices.

(c) Connect electric traveling cables to ei-ther car, controller or half-way junction box.

The connections to be prepared and/or made at both ends of assembly site.

(d) Shackle hoist, compensating and gover-nor cables and pre-connect to car or counter-weight hitches.

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 21

(e) The setting of templates.

(f) The installation of all grating and coun-terweight screens, overhead work, either wood or iron, and all material used for mount-ing of elevator apparatus in machine rooms, overhead or below.

(g) All foundations, either of wood or metal, that should take the place of masonry.

(h) The installation and aligning of guide rails in hoistway modules.

(i) Erect and assemble doors, hangers, tracks, door locks or locking devices for open-ing or closing and all related equipment.

(j) Install corridor side operating and signal devices.

(k) Install hoistway wiring.

(1) Install all elevator equipment and de-vices in hoistway and hoistway modules in-cluding governor rope tension sheaves, con-trol equipment, buffers and supports.

(m) The operating of temporary elevators.

(n) The installation and aligning of all pis-tons and cylinders on hydraulic elevators.

(o) Landing door entrances.

Unloading, handling, hoisting and lowering of material covered in (a) through (o) will be performed under the supervision of Elevator Constructors.

Par. 3. Nothing in this Article is intended to change the practices either party has previ-ously enjoyed in erection of elevators in con-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 22 ventional type buildings as related to Article

IV.

ARTICLE V

Wages

Par. 1. The rate of wages to be paid to Elevator Constructor Mechanics, Helpers, Apprentices and Assistant Mechanics shall be determined in accordance with the following schedule. Ef-fective January 1, 2018 and every twelve (12) months thereafter, during the term of this agreement, each local’s existing total package shall be increased according to the following schedule:

1st Year Gross Increase . . . . . . . . . . . . . 3.28%

2nd Year Gross Increase . . . . . . . . . . . . 3.28%

3rd Year Gross Increase. . . . . . . . . . . . . 3.28%

4th Year Gross Increase. . . . . . . . . . . . . 3.28%

5th Year Gross Increase. . . . . . . . . . . . . 3.28%

Par. 2. Subtracted from the gross increase shall be the credits agreed upon in Par. 3 below. The remainder shall be the wage rate increase for the Elevator Constructor Mechanics in that Local.

Par. 3. The amounts of credits for wage rate in-creases effective January 1, 2018 and every twelve months thereafter shall be as follows:

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Current Wage Rate Amount Contribution Level $31.885 Fringe Total

January 1, 2018 . . . . . . . . . . $1.12 $33.005

January 1, 2019 . . . . . . . . . . $1.12 $34.125

January 1, 2020 . . . . . . . . . . $1.12 $35.245

January 1, 2021 . . . . . . . . . . $1.12 $36.365

January 1, 2022 . . . . . . . . . . $1.12 $37.485

The above gross increases will be reallo-cated and the above credit amounts increased or decreased accordingly after the effective date of this Agreement by whatever different amounts, if any, the Union, at its discretion, determines are necessary to fund the Health Plan, the Pension Plan, Education Fund, the Annuity Fund and Elevator Industry Work Preservation Fund by modifying the hourly contribution rate up to twenty five ($.25) cents per fund per year, provided that this realloca-tion cannot be used to increase the wage rate.

Par. 4. Subtracting the credits from the gross in-creases yields the following wage rate in-creases for the Elevator Constructor Me-chanic:

1st, 2nd, 3rd, 4th, 5th Year Wage Rate Increase . . . . . . Subtract the $1.12 per hour fringe contribution in-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 24 crease from the computed total package percentage, and the result will be the wage rate increase for the Elevator Constructor Me-chanic.

Par. 5. The wage rate for the Elevator Construc-tor Helpers shall be seventy (70) percent of the Elevator Constructor Mechanic’s rate.

Par. 6. The wage rate for Elevator Constructor Apprentices shall be the progressive scale of wages set forth below, and those progressive el-evations shall become effective the next full pay cycle following September 1st, commenc-ing September 1, 2003 and each year thereafter:

Probationary Apprentice, (0-6months): 50% of Mechanic’s Rate.

First Year Apprentice, 55% of Mechanic’s

Rate, plus fringe benefits as provided by the collective bargaining agreement. (This shall include months 7-12 of the Probationary pe-riod).

Second Year Apprentice, 65% of Mechanic’s

Rate, plus fringe benefits as provided by the collective bargaining agreement.

Third Year Apprentice, 70% of Mechanic’s

Rate, plus fringe benefits as provided by the collective bargaining agreement.

Fourth Year Apprentice and Assistant Me-chanic, 80% of Mechanic’s Rate, plus fringe

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 25 benefits as provided by the collective bargain-ing agreement.

Par. 7. When four (4) or more men, including the Elevator Constructor Mechanic–In- Charge, are employed on new construction or modernization jobs, the Elevator Constructor Mechanic-In-Charge of the job shall have his hourly rate increased 12-1/2% for all hours worked.

Par. 8. The gross increases set out in this Article shall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and Elevator Constructor Assistant Mechanics engaged in construction, repair, modernization and con-tract service work, as defined and covered in this Agreement.

ARTICLE VI

Holidays

Par. 1. The following shall be designated as paid holidays: New Year’s Day, Memorial Day, Inde-pendence Day, Labor Day, Veterans’ Day, Thanksgiving Day, the Friday after Thanksgiv-ing Day and Christmas Day.

Par. 2. In addition, each local may retain estab-lished unpaid holidays already agreed upon by past procedure or observed by local building

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 26 trades councils or declared by State or Na-tional Governments. Any new Federal holi-days such as President’s Day and Columbus Day are not to be considered as paid or unpaid holidays unless previously celebrated by the parties to this Agreement.

Par. 3. To be eligible for a paid holiday, an em-ployee must have been on the Company’s pay-roll within the calendar week, Sunday to Sat-urday inclusive, previous to the week in which the holiday occurs. “On the payroll” means that an employee must have performed actual work or have been on an authorized paid vaca-tion. If an employee desires to extend his va-cation beyond the earned paid vacation pe-riod, such extension of that time shall not be considered as “on the payroll.”

Par. 4. The holiday provisions of this Article shall apply to all Elevator Constructor Me-chanics, Elevator Constructor Helpers, Eleva-tor Constructor Apprentices and Elevator Constructor Assistant Mechanics engaged in construction, repair, modernization and con-tract service work as defined and covered in this Agreement.

Par. 5. Eligible employees shall be paid for the regular workday and the paid holidays enu-merated in Par. 1 at the regular straight time rate of the classification worked prior to the observance of the holiday. The rate of pay for

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 27 all work performed on paid holidays shall be at the double time rate in addition to the holi-day pay. Any unpaid holidays observed as pro-vided in Par. 2 shall be without pay, but if worked shall be double time rate.

Par. 6. When a paid holiday falls on Saturday, it shall be observed on Friday. When a paid holi-day falls on Sunday, it shall be observed on Monday.

Par. 7. The Company shall not lay off or termi-nate an employee to circumvent holiday pay as provided herein.

Par. 8. Employees who work on a holiday that falls on a Saturday or Sunday and that holiday is observed on a Friday or Monday, respec-tively, shall be paid at the specified overtime rates for work performed on Saturdays or Sundays. (i.e., if July 4th falls on Saturday it will be celebrated on Friday, July 3rd. Work performed on July 3rd will be double time (2X) and work performed on July 4th will be paid at the specified overtime rate).

ARTICLE VII

Construction Work

Par. 1. Construction work is hereby defined as erecting and assembling of apparatus as enu-merated in Article IV and Article IV (A) of this

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Agreement, except general repairs and mod-ernization as defined in Article VIII and VIII (A). It is hereby agreed that all Construction Work as above defined shall be performed ex-clusively by Mechanics, Helpers, Apprentices and Assistant Mechanics.

Par. 2. It is agreed that the regular working day shall consist of eight (8) hours worked con-secutively with an unpaid lunch period, be-tween 6 A.M., and 5 P.M., five (5) days per week, Monday to Friday, inclusive. Hours of work at each job site shall be those estab-lished by the general contractor and worked by the majority of trades. (The above working hours may be changed by mutual agreement as provided in Article XXVI). If the general contractor shuts down operations on a day not recognized as a holiday under this Agree-ment, the Company shall make every effort to place the affected employees on other work for that day.

Par. 2A. Upon written notification to the Local Business Representative, the Company may establish hours worked on a job site for a four

(4) ten (10) hour day workweek at straight time pay for construction work. It is agreed that the regular working day shall consist of ten (10) hours worked consecutively with an unpaid lunch period, between 6 A.M. and 6 P.M., four (4) days per week, Monday to Thursday inclusive or Tuesday to Friday in-

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 29 clusive. All employees on the jobsite shall work the same four (4) ten (10) hour day workweek schedule. Any work performed on a day other than the days established for the four (4) ten (10) hour day workweek and be-fore and after the regular working day where a four (4) ten (10) hour day workweek has been established, will be paid double the rate of single time.

When working in a per diem area, the em-ployee shall receive per diem for all days dur-ing the established four (4) ten (10) hour day workweek, Monday to Thursday inclusive or Tuesday to Friday inclusive. When working in a per diem area and work continues on the same job site the following week, the em-ployee shall receive per diem for all days other than the days established for the four (4) ten

(10) hour day workweek, including Saturday and Sunday.

It is agreed that when a Holiday is observed on one of the established four (4) ten (10) hour day workweek days and providing the employee complies with Article VI, Par. 3, he/she will be paid ten (10) hours for that Hol-iday. If the Holiday is observed on any day not part of the established four (4) ten (10) hour day workweek, the employee will be paid eight (8) hours for that Holiday.

Par. 3. Work performed on Construction Work on Saturdays, Sundays and before and after

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 30 the regular working day on Monday to Friday, inclusive, shall be classed as overtime, and paid for at double the rate of single time.

Par. 4. When any four (4) of the seven (7) At-lantic City Formula Trades obtain a six (6) hour day, the Union shall work a six (6) hour day, the working day to be between the hours of 6 A.M. and 5 P.M. When sufficient Mechan-ics, Helpers, Apprentices and Assistant Me-chanics are not available, an eight (8) hour day shall be worked. Whenever a local union ob-tains a six (6) hour day under this paragraph, the local union and the Company shall bargain as to the hours and overtime rates to be ap-plied on the six (6) hour day.

Par. 5.

(a) When a majority of the Atlantic City For-mula Trades (this means there must be four

(4) of the seven (7) union Atlantic City trades), on a job work a shift or shifts following the day shift, the Company may work the follow-ing shifts. However, trades who perform the work as per their regular overtime rates shall not be considered as shift work.

(b) It is agreed that the “Day Shift” shall consist of eight (8) hours between 8 A.M. and 4:30 P.M., five (5) days per week, Monday through Friday, inclusive.

(c) The shift following the “Day Shift” shall work 7-1/2 hours between the hours of 4:30

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P.M. and 12:30 A.M. and shall receive eight (8) hours pay plus an additional 10% per hour. The shift preceding the “Day Shift” shall work seven (7) hours between the hours of 12:30 A.M. and 8 A.M. and receive eight (8) hours pay plus an additional 15% per hour.

Any and all work during hours other than the established hours for any one of the three shifts shall be paid at double the hourly wage rate including any premium rate of the as-signed shift.

(1) When an employee is called in prior to the regular starting time for his shift or he works beyond the regular quitting time of his shift, he shall receive double the hourly wage rate of his assigned shift for all hours in ex-cess of the established hours for his shift.

(2) When an employee is required to work hours that are not continuous with the estab-lished hours for his assigned shift he shall be paid for such hours at double the hourly wage rate of his assigned shift or double the hourly wage rate of the shift on which such excess hours are performed whichever rate is higher.

(3) When the Company assigns an employee to a shift the employee shall work that shift a minimum of five (5) consecutive days. How-ever, should the Company reassign an em-ployee to another shift prior to working five

(5) consecutive days, or within twenty-four

(24) hours of completing a shift, the employee

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 32 shall receive the applicable overtime rate of the new shift he is assigned to for the first day only or the applicable overtime rate of the shift to which he had previously been as-signed, whichever is higher, thereafter the em-ployee shall receive the applicable rates for the new shift to which he is assigned. An em-ployee who requests a shift reassignment and is reassigned as outlined herein, shall receive the applicable rates for the new shift to which he is assigned at single time only.

(4) When an employee has performed work on another job and he is directed to work on a shift job within twenty-four (24) hours after completing work on the other job, he shall re-ceive the applicable overtime rate of his prior job or the applicable overtime rate of the shift to which he is assigned whichever rate is higher.

(d) Any work performed on Saturday, Sun-day, or a Holiday shall be paid at double the hourly wage rate of the applicable shift includ-ing any premium rate.

(e) In the case of the second and third shifts and for the purpose of fringe benefit computa-tions, each employee who works a full shift shall be considered to have worked eight (8) hours.

(f) The working hours set forth in Par. 3 and Par. 4 above may be changed by mutual agree-ment as provided in Article XXVI.

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 33

ARTICLE VIII

Repair Work

Par. 1. Repair Work is hereby defined as general repairs on apparatus enumerated in Article IV and Article IV(A) of this Agreement. Repair work shall be exclusively performed by Me-chanics, Helpers, Apprentices and Assistant Mechanics.

Par. 2. General repairs are hereby defined as fol-lows:

Team repairs:

Renewal of all ropes.

Renewal of brake linings (except small ma-chines).

Shortening of all hoisting and counterweight cables.

Replacement of any traveling cable exceed-ing 50 feet in length.

Safety test where test weights are required.

Replacement of crosshead, counterweight or deflector sheave bearings.

Rescoring of sheaves or drums.

Replacement of worm and gears.

Rebabbitting of bearings.

Hydraulic repair work except cleaning, oil-ing, greasing, belts, small valves, adjusting and one man pressure relief valve test performed in accordance with Appendix A, item 22.

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 34

Adjusting or readjusting using test weights.

Realigning guide rails.

Replacing crossheads, stiles, safeties or equalizers.

Hoistway door closers with hydraulic or pneumatic checks.

All escalator and moving walk repair work must be done by a team. (Exception Article IX, Contract Service Work, call-backs and ex-amination may be done by one person if there is no factor of safety).

Exception to above: Residence elevator as described in A.S.M.E. A17.1 code which shall be one person.

One man repairs:

Installing sound isolation.

Replacement of door hangers (except for freight bi-parting doors).

All door closer work (except for freight bi-parting doors).

Rewiring car switches, governors and selec-tors or any other apparatus in the car.

Refastening guide rails.

Replacing or repairing car floor covering.

Rewiring or reinstalling limit switches.

Replacing automatic rail or track oilers.

One or Two Man Repairs:

Armature repairs.

Renewing of car shoes or roller guides.

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 35

Repairs to cab or car gate.

Renewal of motor bearings.

Replacing thrust bearings.

Rewiring controllers.

Installation and/or replacement of the fol-lowing (except when the completion of such work requires more than eight (8) hours, ex-cluding travel time, it shall be performed by a team):

Proximity devices (door protection only).

Emergency lighting (battery chargers and lights).

Braille Plates.

Telephones/Communication Devices (with existing wiring and box in place).

Fixture Cover Plates (no wiring).

Key switches/Security devices (with exist-ing wiring, excluding full Fireman’s Service Operation).

Controller Wiring Changes (minor changes).

Fixture Replacement (in existing locations only).

Replacement of relays, timers, or mechani-cal devices with solid state devices and cir-cuitry.

The replacement of equipment on existing elevator installations.

Other repair work assignments not listed above may be one man assignments providing there is no factor of safety involved.

NEBA Agreement -- 8.5 x 11:Layout 1 5/31/17 12:21 PM Page 36

Par. 3. When escalators are prepared and/or dis-assembled for cleaning, oiling, greasing, ad-justing and minor replacement, (minor re-placement meaning work requiring one (1) hour or less), the work shall not be classed as repair work.

When escalators are prepared and/or disas-sembled for cleaning, etc., purposes as men-tioned above, and any replacement and/or re-pairs requiring more than one (1) hour, only the replacement and/or repairs shall be classed as repair work.

When escalators are prepared and/or disas-sembled primarily for replacement and/or re-pairs, all work shall be classed as repair work.

Par. 4. When men who are employed on con-tract service work perform any of the repair work listed above during hours other than be-tween 6 A.M. and 6 P.M., Monday to Friday, in-clusive, it shall be paid for at double the rate of single time. (Exception: employees per-forming one man repair while on call-backs shall be paid at 1.7 times the single time rate).

Par. 5. It is agreed the regular working day shall consist of eight (8) hours worked consecu-tively with an unpaid lunch period, between 6 A.M. and 6 P.M., five (5) days per week, Mon-day to Friday, inclusive. All other working time shall be classed as overtime and paid for at double the rate of single time.

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ARTICLE VIII(A)

Modernization Work

Par. 1. Modernization work is hereby defined as any and all work performed on apparatus enu-merated in Article IV and Article IV(A) in any existing or occupied building, to bring equip-ment up to date, including general repairs which are a part of a modernization job. Instal-lation in existing unused hoistways shall be considered construction work unless such in-stallation is part of modernizing an existing ele-vator or an entire group. However, a job which both the machine is changed out and the rails are removed or the machine is converted to a different type (e.g., hydro to traction, traction to hydro, traction to traction, drum to traction, drum to hydro, hydro to hydro) and all new rails are installed shall be construction work.

An escalator modernization shall be defined as the replacement of any or all components ex-cept the truss including general repairs which may be a part of a modernization job.