Painter Master Agreement 16.pdf

NORTHERN CALIFORNIA

PAINTERS MASTER AGREEMENT

BETWEEN

DISTRICT COUNCIL 16

AND

NORTHERN CALIFORNIA PAINTING AND

FINISHING CONTRACTORS

July 1, 2009 - May 31, 2011

Table of Contents

SUBJECT: ARTICLE: PAGE:

Accretion Clause Article 20, Section 4(a) 27 Administration of Fringe Benefits Article 17 19 Agreement Modifications Article 1, Section 2 1 Apprenticeship Article 9 6 Authority to Execute Article 22 29 Designated Days Off Article 11, Section 3(a) 13 Drug Testing Article 13 15 Drywall Finishing Article 20, Section 1(b) 27 Dues Check-off Article 16, Section 1 17 Duration Article 1 1 Employers Article 20 27 Foreman Wages Article 10, Section 5 8 Free Flow of Manpower Article 7, Section 1(e) 5 Grievance & Arbitration Article 15 16 High Time Article 10, Section 7 9 Hiring Practices Article 7 4 Holidays Article 11, Section 3 13 Joint Apprenticeship Training Committee Article 8 5 Labor Management Cooperation Committee Article 2 1 Labor Management Cooperation Initiative Article 16, Section 6 18 Non-Union Jobsites Article 21, Section 3 29 Out of Area Work Article 5, Section 3 3 Overtime Article 11, Section 2 12 Payment of Wages Article 10, Section 12 9 Picketing Article 21, Section 2 28 Preservation of Work Clause Article 19 26 Recognition Article 3 1 Scope of Work Article 4 2 Separabilty and Savings Clause Article 18 25 Shift Work Article 11, Section 4 13 Show Up Pay Article 10, Section 16 12 Stewards Article 12 15 Subsistence Article 10, Section 13 10 Territorial Jurisdiction Article 5 3 Travel Expense Article 10, Section 15 11 Travel Time Article 10, Section 14 10 Union Security Article 6 4 Violations Article 14 15 Wages & Payment of Same Article 10 7 Work Preservation Fund Article 16, Section 7 19 Work Stoppages Article 21 28 Working Conditions Article 11 12

ARTICLE 1

DURATION

Section 1. This Agreement is made and entered into this first day of July, 2009, between the Northern California Painting and Finishing Contractors or their Successor, thereof, and/or Individual Employers who are signatory or may become signatory to this Agreement, and are actively engaged in the Painting Industry, hereinafter referred to as the “Employer” and District Council 16, hereinafter referred to as the “Union”. This Agreement shall continue until May 31, 2011. Thereafter, this Agreement shall continue from year to year, commencing as of 12:01 a.m., June 1st, unless notice is given by one of the bargaining parties of its desire to effect changes in Hours, Wages or Working conditions.

During the month of January of the year of expiration of this Agreement, any party signatory hereto may give written notice, by certified mail to the Union and the Employers, that said party wishes to withdraw from this Agreement. Should such notice be given, such party shall no longer be bound to this Agreement as of June 1st. The Agreement shall continue as to all parties giving no such notice. Further, said notice of withdrawal eliminates said party from participation in any negotiations regarding this Agreement. The notice herein provided for is the sole means by which a party may withdraw from or cancel this Agreement.

Section 2. AGREEMENT MODIFICATIONS - The parties to this Agreement recognize the necessity of assuring the competitive position of the parties within the industry during the term of this Agreement. Consistent with that recognition, the parties will continually monitor the effectiveness of the Agreement relative to specific geographic or market areas and will endeavor, by mutual agreement, to initiate such modifications to the Agreement during its term as may be necessary to assure work opportunities for the employees and maintain or improve the competitive position of the individual employers. The Union will notify the Northern California Painting & Finishing Contractors regarding any and all negotiations of an Addendum to this Agreement and provide the Northern California Painting & Finishing Contractors with the final Addendum language.

ARTICLE 2

LABOR MANAGEMENT COOPERATION COMMITTEE

The parties agree to mutually support the formation of a Labor Management Cooperation Committee to improve labor relations, safety, worker qualifications, and to prevent disputes. In addition, the parties agree to provide a mechanism for the joint approval of official wage charts and this Agreement. The Union will provide the current list of signatory contractors to the Northern California Painting and Finishing Contractors upon request and whenever there is an addition.

ARTICLE 3

RECOGNITION

Section 1. The Employer, Northern California Painting and Finishing Contractors, their successor and/or individual Employers signatory to this Agreement, recognizes, acknowledges, and agrees that District Council 16 is, within the meaning of Section 9(a) of the National Labor Relations Act, the exclusive representative for the purpose of collective bargaining, of all employer’s employees wherever such employees may be employed, in the classifications of work as listed in Article 4 “Scope of Work".

ARTICLE 4

SCOPE OF WORK COVERED BY THIS AGREEMENT

The terms and conditions of this Agreement shall apply to all “covered work”. Covered work shall be and mean the following materials and application methods: paints, pigments, oils, turpentine, Japan Dryers, thinners, varnishes, lacquers, shellac, stains, fillers, waxes, cement, joint cement, water and other vehicles; mediums that may be mixed and applied to the surfaces of materials and buildings, edifices, structures, monuments and the appurtenances thereto, of every type and description in their natural state of condition, or constructed or fabricated of any material or materials whatsoever and provided; work or services pertaining to: The application of texture, acoustic, plaster and stucco materials of all types and thickness on all surfaces.

Work or services pertaining to the painting, of all drywall and thin wall type surfaces, flushing or concrete surfaces, caulking and sealants between sheet rock walls and/or ceilings and floors of other materials.

Work or services pertaining to the application of wallpapers, wall fabrics and all types of coverings or coatings whether decorative or protective and all preparations necessary before said application.

Work or services pertaining to the application of protective coatings or products of similar nature whether they are plastic, vinyl, acrylics, epoxies, esters, urethanes, etc., or any new products of this nature including the application to floor surfaces.

Work or services pertaining to the applications of bond breaker, water repellant, damproofing and/or waterproofing materials of all types.

Work or services pertaining to the finishing and surface preparation on all hardwood or softwood floors and furniture at job sites.

Work or services pertaining to the priming and finish coats on fabricated metal or steel products.

Work or services pertaining to the application of all fire retardant, fire proofing and/or insulation materials used on structural items or as architectural finishes.

Work or services pertaining to the cleaning, polishing and refinishing of metal and masonry surfaces.

Work or services pertaining to “steeplejack work.”

Work or services pertaining to surface preparation and decoration of all types: including drywall repairs and incidental repair related skimming, sandblasting, steam cleaning, building washing, hydro blasting, water blasting and all the methods used in the removal of previously painted surfaces; including caulking, tuck pointing, spackling and wood dough work.

Work or services pertaining to the application of hypolan, neoprene, and all similar products. Work or services pertaining to lead removal and encapsulation.

Work or services pertaining to painting of lines, arrows, bumpers, curbs, etc. On parking lots, airfields, highways, game courts (both indoor and outdoor) and other such surfaces; installation and maintenance thereof, including lines of metal, plastic or composition materials used instead of paint.

All products and methods of application which have or may be awarded to the Painters International through jurisdictional procedures.

The operation of all tools and equipment used by painting contractors and journeyman painters, including paperhangers, sandblasters and all other facets as outlined in the utilizers as listed above, the above includes the control of all compressors, boom trucks, aerial lifts, fork lifts and other specialty equipment, it is the clear intent that all equipment and tools of the trade are under the custody and control of the contractor and/or the employer.

ARTICLE 5

TERRITORIAL JURISDICTION OF AGREEMENT &

OUT OF AREA WORK

Section 1. The territorial jurisdiction covered by this Agreement shall comprise the counties of:

Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, El Dorado, Fresno, Glenn, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Solano, Siskiyou, Shasta, Sierra, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba.

Section 2. The Employer party hereto shall, when engaged in work outside the geographic jurisdiction of the Union party to this Agreement, comply with all of the lawful clauses of the Collective Bargaining Agreement in effect in said other geographic jurisdiction and executed by the Employers of the industry and the affiliated Local Unions in that jurisdiction, including but not limited to, the wages, hours, working conditions, fringe benefits and procedure for settlement of grievances set forth therein;

provided however, that as to employees employed by such Employer from within the geographic jurisdiction of the Union party to this Agreement and who are brought into an outside jurisdiction, such employee shall be entitled to receive the wages and conditions effective in either the home or outside jurisdiction, whichever are more favorable to such employees, and fringe benefit contributions on behalf of such employees shall be made solely to their home funds in accordance with their governing documents. This provision is enforceable by the Local Union or District Council in whose jurisdiction the work is being performed, both through the procedure for settlement of grievances set forth in its applicable Collective Bargaining Agreement and through the courts, and is also enforceable by the Union party to this Agreement both through the procedure for settlement of grievances set forth in this Agreement and through the courts.

Section 3. OUT-OF-AREA WORK - When engaged in work outside the geographical jurisdiction of this Agreement, the said contractors agree, subject to their rights to reject any applicant for cause, that not less than 50% of the workers employed on such work will be residents of the area where the work is performed, or who are customarily employed a greater percentage of their time in such area, and further provided that these men are qualified to meet the job requirements.

Employers from outside the jurisdictional area of this Agreement shall employ not less than 50% of the workers from the Local Union having the work and area jurisdiction of the job site. All jobs must maintain at least 50% - 50% ratio.

OUT-OF-AREA EMPLOYEES - When an employer outside the jurisdictional area of this Agreement brings steady employees from outside the area, the employees shall not go to work until they have a referral slip from the Local Union where the work is being performed.

Section 4. The signatory Employer shall not attempt to engage in any work covered by this Agreement in any area outside the geographical jurisdiction of the Agreement through the use or device of another business or corporation which such Employer controls or through the use or device of a joint venture with another Employer or contractor in any outside area without first consulting with the IUPAT for the purpose of establishing to the IUPAT's satisfaction that the use of such device is not for the purpose of taking advantage of lower wages or conditions that are in effect in the home area of such Employer, and if the IUPAT is not so satisfied, the Union party has the option of canceling the Agreement.

ARTICLE 6

UNION SECURITY

All present employees who are members of the Union on the effective date of this Agreement or on the date of execution of this Agreement, whichever is the latter, shall remain members of the Union in good standing as a condition of employment. All present employees who are not members of the Union and all employees who are hired hereafter, who perform covered work as defined under Article 4 “Scope of Work", shall become and remain members in good standing of the Union as a condition of employment on and after the eighth (8th) day following the beginning of their employment, or on and after the eighth (8th) day following the effective date of this Agreement or the date of execution of this Agreement, whichever is the latter.

ARTICLE 7

HIRING PRACTICES

There shall be no discrimination in hiring and/or promotion and/or any other aspects of employment because of race, creed, color, sex, national origin or age.

Section 1. REFERRAL - The Employer shall call the Local Union where the job is located when any additional manpower is needed, and the Union agrees to refer employees to the Employer within forty-eight (48) hours, if available. Upon receipt of such notice, the Union shall use its best efforts to furnish the required number of qualified and competent workers.

(a) REQUESTS - Notwithstanding the above, a Painter who is in good standing with the Union may seek his own job and the Employer may have referred to it any applicant (who is registered on the Unions out-of-work list) by submitting a written request by name to the Union.

(b) REQUIREMENTS - The Employer shall require each new employee to present a written referral from the Union or shall call the Union office to request a written referral prior to putting the new employee to work.

(c) RECLASSIFICATION - When the Union, employee and Employer agree to reclassify an employee the Employer shall require the employee to present a written referral from the Union or shall call the Union office to request a written referral prior to putting the employee to work at the new classification.

(d) VIOLATION - In the event the employer fails to comply with the hiring practices the Union may utilize the grievance procedures set forth in this Agreement, and may resort to such economic and legal remedies as it sees fit with respect to such Employer. Any economic action taken will not be considered a violation of this Agreement.

(e) FREE FLOW OF MANPOWER - There shall be a free flow of manpower within the jurisdiction of District Council 16. New hires shall come from the local having jurisdiction over the area of where the work is being performed.

Section 2. SHOP PERSON - One (1) shop person per minimum of eight (8) person shop. Shop person shall be utilized to maintain equipment, trucks, etc.; clean-up shop, yard, pick up supplies from the supplier and deliver to the shop. Shop Person shall perform no painting work or perform work covered by the “Scope of Work” in this Agreement.

Section 3. SEVEN DAY CLAUSE - Any workers employed by employers for a period of thirty (30) working days continuously or accumulatively within the unit covered by this Agreement, and any workers working for any one employer on or after the thirtieth (30th) day following the date of his/her employment or the effective date of this Agreement, whichever is later, shall as a condition of employment become members of the Union by tendering the full and uniform fees in effect, and all workers accepted into membership shall thereafter maintain their continuous good standing in the Union as a condition of employment by paying regular dues. In the event that a worker fails to tender the required fees or dues in accordance with this Section, the Union shall notify the Employer in writing, and the Employer shall discharge the worker within forty-eight (48) hours (Saturday, Sunday and holidays excepted). Notwithstanding anything to the contrary in this Article it is agreed that the thirty

(30) day period referred to in this section shall be reduced to seven (7) days for all employees of an employer engaged primarily in the Building and Construction industry, so that such employees will be required as a condition of employment to become members of the Union after the seventh (7th) day following the beginning of such employment or the effective date of this agreement whichever is later, and all such employees accepted into membership shall thereafter maintain their continuous good standing in the Union as a condition of employment.

ARTICLE 8

PAINTERS JOINT APPRENTICESHIP TRAINING COMMITTEE

Section 1. In the territorial jurisdiction of this Agreement there shall be one (1) Painters Joint Apprenticeship Training Committee (JATC) of ten (10) members of whom five (5) shall be appointed by Management and five (5) shall be appointed by the Union. The Committee shall oversee the apprentice and journeyman training under the control of the Trustees of the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund.

Section 2. The JATC shall conduct for the benefit of journeyman and apprentices certification courses for CPR, First Aid, Respirator Use and Fit, Hazard Communication/Awareness, Lead Abatement, Fall Protection and Confined Space Entry and any and all other training deemed necessary by the JATC.

Section 3. The JATC shall maintain a four (4) year apprenticeship training program.

ARTICLE 9

APPRENTICESHIP

Section 1. First year apprentices shall be steadily employed unless circumstances prevail which are beyond the control of the Employer, subject to the approval of the JATC.

Section 2. An employer of five (5) or more Journeypersons is to employ at least one (1) Apprentice unless his or her right to train Apprentices has been revoked by the JATC. This shall not limit the obligation of the Employer to train Apprentices in the proper ratio to the total number of Journeypersons in the shop, as outlined in this Agreement or in the Apprenticeship and Training Standards nor shall it be construed to replace Journeypersons in a shop when substantial unemployment exists in the area of the Local Union or District Council.

Section 3. No employer shall be permitted to employ more than one (1) apprentice to each three (3) journeymen.

Section 4. The apprenticeship training shall be in accordance with Standards approved by the State Division of Apprenticeship Standards.

Section 5. No apprentice with less than two (2) years experience on the job shall be permitted to work on a job unless a journeyman is working on said job.

Section 6. All apprentices, after serving one and one-half (1 1/2) years of their apprenticeship, shall have the right to elect, subject to the approval of the JATC, to engage for two six month periods in any specialized phases of the Painting Industry. Apprentices who are approved for the specialized instruction shall be indentured for the two six month periods as outlined above to employers who are engaged in the special field selected.

(a) This specialized on the job training shall not conflict with the existing apprentice program governing school attendance, class instruction, or other programs of the JATC.

(b) No apprentice shall be allowed to drop his apprentice card and take out or apply to a Signatory

Local Union for a Journeyman’s Card, unless permission has been granted by the JATC.

Section 7. No apprentice shall be sent to out-of-town work that will interfere or prohibit him from attending school classes or appearing before the JATC after due notice has been given.

Section 8. Apprentices shall be indentured only to Employers operating under a State of California Painting Contractor’s License (now classified C-33) and which engage in general painting; except when indentured for the specialized phase instruction provided for elsewhere in this Article, or when indentured to the JATC. This section is not intended, however, to exclude municipal or political institutions and sub-divisions.

Section 9. An automatic penalty of Five Hundred Dollars ($500.00) will be imposed on any contractor who does not allow an apprentice to attend school and works said apprentice during the week assigned to him/her. If there is a second offense by the same contractor, they will not be allowed a new apprentice for a period of twelve (12) months. Money generated by such penalties will revert to the District Council 16 Northern California Journeyman & Apprentice Training Trust Fund.

ARTICLE 10

WAGES & PAYMENT OF THE SAME

Section 1. JOURNEYMAN WAGES:

(a) The hourly minimum rate of wages for all Journeyman Painters working in Alameda, Contra

Costa, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Mateo, Santa Clara, Santa Cruz, Solano and Sonoma Counties shall be paid in accordance with the attached Wage Schedule A and receive a $1.00 per hour increase to the Total Package Rate on each July 1 of this Agreement and any extensions thereof and a $0.50 per hour increase to the Total Package Rate on each January 1 of this Agreement and any extensions thereof.

(b) The hourly minimum rate of wages for all Journeyman Painters working in San Francisco County shall be paid in accordance with the attached Wage Schedule A and receive a $1.00 per hour increase to the Total Package Rate on each July 1 of this Agreement and any extensions thereof and a $0.50 per hour increase to the Total Package Rate on each January 1 of this Agreement and any extensions thereof.

(c) Effective July 1, 2009 a total of fifty cents ($0.50) shall be allocated to the Painters & Tapers

Pension for the sole purpose of deficit reduction. Effective July 1, 2010 an additional fifty cents ($0.50) for a total of one dollar ($1.00) shall be allocated to the Painters & Tapers Pension for the sole purpose of deficit reduction. The one dollar ($1.00) deficit reduction contribution shall continue from year to year thereafter.

(d) Regular employees of each Employer shall be paid in accordance with the appropriate Wage

Schedule, which shall be determined based upon the county in which the Employer’s place of business is located (home county). Regular employees who are brought into counties which are within the jurisdiction of the union party to this Agreement but are covered under a different Wage Schedule (outside county), shall be entitled to receive the wages and conditions effective in either the home or outside county, whichever is more favorable to such regular employees.

Members referred directly from the Union to a specific project shall be referred at the county rate based upon the projects location. “Regular Employee” is defined as any employee who has maintained employment with the same Employer beyond the initial project referral.

(1) Notwithstanding the above, the San Francisco County Wage Schedule A referred to in

Section (b) above shall only apply to work performed in San Francisco County.

Employees who regularly work for Employers located in San Francisco County and are assigned by the Employer to work anywhere outside of San Francisco County shall be paid in accordance with the Bay Area Wage Schedule A referred to in Section (a) above.

Section 2. APPRENTICE WAGES - Apprentices shall be paid a progressive increasing scale of wages based on a percentage of Journeypersons Basic Wage Rate as follows, except that beginning Apprentice wage rate will not include Beneficial, Holiday, or Pension contribution for the first six (6) months of apprentice training. Wages start at 50% with increases every six (6) months, for a four (4) year period.

1st six (6) months: 50% 5th six (6) months: 70% 2nd six (6) months: 55% 6th six (6) months: 75% 3rd six (6) months: 60% 7th six (6) months: 80%

4th six (6) months: 65% 8th six (6) months: 90%

Section 3. PRE-APPRENTICE WAGES - The hourly minimum rate of wages for all Pre- Apprentices shall be paid in accordance with the attached Wage Schedule A for the duration of this Agreement and any extensions thereof.

(a) PRE-APPRENTICE RATIO - One (1) Pre-Apprentice to twelve (12) Journeymen on all work.

The Employer may request for special conditions for additional Pre-Apprentices provided the Union agrees. A Pre-Apprentice may not apply coatings, wallcoverings or do abrasive blasting.

A Pre-Apprentice may do preparatory work, bench prime and roof metal. Pre-Apprentices shall not work on prevailing wage jobs.

(b) PRE-APPRENTICE TERM - Employees shall not be classified as a Pre-Apprentice for more than twelve (12) months, unless this time limit is extended by mutual consent of the employee, Employer and the Union.

Section 4. NEW APPLICANT - The New Applicant is to start at no less than 70% of Journeyperson Basic Wage Rate. The new Applicant shall receive a 10% wage increase every year until such time as he/she reaches Journeyperson wages (no more than three (3) years). All New Applicants shall use the date of entry in the Union as the basis for their annual increase. In no case shall an employer utilize a New Applicant to replace an existing employee or to otherwise circumvent the employer’s contractual obligations. The New Applicant must attend eighty (80) hours, forty (40) hours per year of Safety Training in order to qualify for annual increase. It is further agreed that the employer shall remit to the Trust Funds the fringe benefit package for all hours worked by New Applicants. New Applicants wage rate is not to be used on prevailing wage jobs.

1st year: 70% 2nd year: 80% 3rd year: 90%

Section 5. FOREMAN WAGES - When four (4) or more employees covered under this Agreement are on a job of five (5) days' duration or more, one (1) Journeyman Painter in good standing with the Union shall be the designated Foreman, for the duration of the job. The definition of "Duration of the Job" is the primary contract and does not include change orders or call backs, providing that none of the exceptions require four (4) or more employees for five (5) days or more on each separate operation. The duties and responsibilities of the Foreman shall include handling the Company paperwork on the job, assigning and supervising work, maintaining performance requirements, conducting liaison with the general contractors or owner's representative, maintaining communications with the Employer and maintain safe working conditions and practices throughout the course of the job. Further, it shall be the duty of the Foreman to return the Employer’s unused material and equipment to the Employer. Foreman shall receive Journeyperson hourly Taxable Net Wage Rate plus:

(a) Two dollars ($2.00) per hour when in charge of three (3) or more employees covered under this

Agreement who are on a job of five (5) days' duration or more.

(b) Four dollars ($4.00) per hour when in charge of five (5) or more employees covered under this

Agreement who are on a job of five (5) days' duration or more.

(c) Six dollars ($6.00) per hour when in charge of ten (10) or more employees covered under this

Agreement who are on a job of five (5) days' duration or more.

(d) Foremen wages and premium to be based on the highest wage classification on the job they are supervising.

Section 6. SUPERINTENDENTS WAGES - Superintendents shall receive Journeyperson hourly Taxable Net Wage Rate plus six dollars ($6.00) per hour. A flat rate of one-hundred twenty-five (125) hours per month for Superintendents Health & Welfare, upon prior written notice to the Bay Area Painters & Tapers Trust Fund.

Section 7. HIGH TIME - Employees shall be entitled to high time premium whenever the work performed requires personal fall restraints to be worn by the employee. The amount of the premium shall be determined by the following height schedule:

(a) When working over fifty (50) feet above ground or water level the employee shall be paid an additional two dollars ($2.00) per hour for all such work;

(b) When working from one hundred (100) to one hundred eighty (180) feet above ground or water level the employee shall be paid an additional four dollars ($4.00) per hour for all such work;

(c) When working over one hundred eighty (180) feet above ground or water level the employee shall be paid an additional six dollars ($6.00) per hour for all such work.

Section 8. SPRAY WORK - Employees spraying, sandblasting, water blasting or steam cleaning on Industrial Work shall receive fifty cents ($0.50) in addition to the Taxable Net Wage Rate plus any other high time or premium pay.

Section 9. INDUSTRIAL PAINTING – Employees performing painting work on industrial projects shall be paid an additional twenty five cents ($0.25) per hour above the Taxable Net Wage Rate in addition to any other high time or premium pay.

Section 10. WALLCOVERING – Employees applying wallcovering shall receive one dollar ($1.00) in addition to the Taxable Net Wage Rate plus any other high time or premium pay.

Section 11. EXOTIC MATERIALS – Employees applying any materials or coatings where the application must be certified by the manufacturer, shall be paid an additional seventy five cents ($0 .75) per hour above the Taxable Net Wage Rate in addition to any other high time or premium pay.

Section 12. PAYMENT OF WAGES - All wages are due and payable either in lawful currency or negotiable check, together with a receipt or check stub showing employee’s and employer’s name, rate of pay, pay period and hours worked, all deductions made and the amount due. Said payments shall conform with all the provisions pertaining to the employees as required by Federal and State Laws.

Violation of this clause shall be deemed sufficient reason for removal of employees by the Union Representative.

(a) Wage claims and claims for payment of fringe benefit contributions need not be submitted to the

District Council or to arbitration, but may be submitted by the Union directly to the Labor Commissioner of the State of California.

(b) In the event of controversy regarding the proper payment of wages or merits of the period of waiting time, the employer shall place the disputed amount of wages and/or waiting time involved in escrow, pending resolution. Claims for such disputed compensation must be filed within fourteen (14) days from the date the disputed claim occurred and is to pertain to any form of compensation covered by this Agreement. Claims are limited to the last thirty (30) calendar days worked. The thirty (30) day limit does not apply to fringe benefit contributions.

(c) Wages earned shall be due and payable on the last day of each work week on the job at quitting time and shall include all wages earned up to and including Tuesday night; except that by application to the District Council, the Employer may obtain special permission to include on his payroll only such wages as were earned up to and including Monday night. This exception, which must first be approved by the Union, is intended to be allowed only in those instances where the preparation of large and/or scattered job payrolls cannot reasonably be accomplished in time to meet the Tuesday night provision. When a holiday falls on a Friday or is a Designated Day Off, all wages earned up to and including Monday night shall be due and payable on Thursday on the job at quitting time.

(d) Employees laid off or discharged must be paid in full at the time of dismissal.

Section 13. SUBSISTENCE – If one employee is required to live away from his or her place of residence, said employee shall be paid seventy-five dollars ($75.00) per day, for room and board, or actual reasonable room and board cost, whichever is greater. In addition, they shall receive the negotiated rate of pay and fringe benefits for all hours worked.

(a) Round trip airfare, mileage, or transportation shall be provided by the Employer on all jobs in which subsistence is required.

(b) Employees shall receive Travel Time, from the point of dispatch to the jobsite and return, on all jobs in which subsistence is required.

Section 14. TRAVEL TIME – Employees who jobsite report more than forty (40) miles from the point of dispatch (Union dispatch Office, employee’s home or individual employer’s shop) as determined by the individual employer, shall receive their Taxable Net Wage Rate for all time spent traveling beyond forty (40) miles from the point of dispatch to the jobsite and return. Employees reporting in their private vehicles to a jobsite more than forty (40) miles from the point of dispatch, shall also receive mileage at the current IRS rate per mile for all miles traveled outside of the forty (40) miles.

(Mileage and drive time is to be based on Microsoft MapPoint latest available version.) Mileage will be paid on a per vehicle basis. This system is based on employees reporting to their jobsite at their regular start time and working on the job until their regular quitting time. Travel from jobsite to jobsite in a private vehicle shall be considered as hours worked and mileage will be reimbursed at the current IRS rate per mile. All travel commencing after being required to report to the Employers shop to and from the jobsite will be considered as hours worked and use of the employee’s vehicle will be reimbursed at the current IRS rate per mile.

(a) The following Travel Time Calculation Sheet shall be used in conjunction with Microsoft

MapPoint in order to determine Travel Time Reimbursement. Microsoft MapPoint setting for Driving Speeds shall be; Interstate Highways – 65 mph, Limited Access Highways – 60 mph, Other Highways – 50 mph, Arterial Roads – 35 mph, Streets – 20 mph.

Travel Time Calculation Sheet (Formulas)

From: Starting Address

Employee Name To: Destination Address

Minutes Miles Minutes Per Mile

Actual Commute (One Way) (Enter minutes as per MapPoint)

(Enter miles as per MapPoint)

Calculation = (Minutes ÷ Miles)

Adjusted Commute (One Way) Calculation =

(Adjusted Commute Miles x Minutes Per Mile)

Calculation = (Actual Commute Miles – 40)

Round Trip Calculation = (Adjusted Commute Minutes x 2)

Calculation = (Adjusted Commute Miles x 2)

Daily Travel Time/Mileage Reimbursement:

Calculation = Taxable Net Wage Rate/60 X Adjusted Commute Minutes)

Calculation = (Round Trip Miles x Current IRS

Mileage Reimbursement Rate)

Total Daily Reimbursement Calculation =

Daily Travel Time Reimbursement + Daily Mileage Reimbursement

Travel Time Calculation Sheet (Example)

From: 123 Any Street, San Francisco, CA

John Doe To: 456 Main Street, Fremont, CA

Minutes Miles Minutes Per Mile

Actual Commute (One Way) 70.00 50.00 1.42

Adjusted Commute (One Way) 14.00 10.00

Round Trip 28.00 20.00

Daily Travel Time/Mileage Reimbursement: $14.75 $8.90

Total Daily Reimbursement $23.65

Section 15. TRAVEL EXPENSE – Whenever employees report to the jobsite, the employee shall be paid or reimbursed for all parking, bridge tolls and public transportation costs. Parking and bridge toll reimbursement shall be subject to the following criteria: in the event that free parking is not available within a quarter mile of the jobsite, the employer will provide such facilities or shall have the right to designate the areas to be used for reimbursable parking. When free parking is not available the employer shall reimburse the driver of the vehicle for the cost of such parking up to twenty dollars ($20.00) per day upon being presented with a receipt or voucher certifying the cost thereof. The employer will reimburse the driver for his or her bridge tolls upon a showing of receipts for such on a weekly basis. Public transportation costs shall be reimbursed if the employee chooses to utilize public transportation and such reimbursement is more economical than reimbursing parking and bridge tolls.

Section 16. SHOW UP PAY – Unless given notice individually within five (5) hours after their regular shift, that their services are not required the following regular work day, all employees reporting for work, shop or job site at their regular starting time shall be paid four (4) hours pay, except when weather, natural conditions, or emergency situation beyond the control of the Employer prohibits the Employer from proceeding with work that day. As a condition to being entitled to receive pay under this Section, the employee must have his current telephone number and address on file with the Employer.

The prior notice to the employee provided for in this Section may be given in person, writing, by telephone or voice mail.

Employees shall not report to any shop earlier than thirty (30) minutes or to any job earlier than twenty

(20) minutes before starting time. These provisions shall apply only to work within forty (40) miles from the point of dispatch. Reporting to work on jobs beyond forty (40) miles from the point of dispatch shall be in accordance with the provisions of “Travel Time” heretofore defined.

Section 17. INCENTIVE PAY – Employer may issue Incentive Paycheck to employee four (4) times each year.

Section 18. SAFETY INCENTIVE – Safety Incentive Paycheck issued in accordance with a Contractor or Owner’s Written Safety Program, shall not be counted as incentive pay, and payment of such shall be allowed as provided in Contractor or Owner’s Written Safety Program.

ARTICLE 11

WORKING CONDITIONS

Section 1. REGULAR WORK WEEK - Eight (8) hours shall constitute a regular work day between the hours of 6:00 a.m. and 5:30 p.m.. Employees shall take a ten (10) minute rest period in the morning and a ten (10) minute rest period in the afternoon as well as a thirty (30) minute unpaid lunch. Rest periods and lunch shall be taken as close to the middle of each work period as practical. The regular work week shall be forty (40) hours made up of five (5) consecutive regular work days Monday through Friday. Starting and finish times shall be determined on a job by job basis and shall not be changed during any regular work week. By mutual agreement between the Union and the Employer four (4) ten (10) hour days, consecutive, (Monday through Friday), may be worked to equal a regular forty (40) hour work week. An Employee shall be allowed a five (5) minute personal clean-up prior to lunch period.

Section 2. OVERTIME - All work performed before or after the regular work day, before or after the regular work week including Saturdays, and Designated Days Off, shall be paid at the overtime rate of one and one-half (1 ½) times the Taxable Net Wage Rate. Sundays and all holidays listed in Article 10, Section 3, shall be paid at the double time rate.

(a) If inclement weather forces a job to be shut down during the regular work week, Monday through

Friday, then the Contractor can work his crew, on a voluntary basis, on Saturday at Straight Time.

A Saturday straight time day will only apply if inclement weather forces a job to shut down during the regular current work week (Monday through Friday). The Contractor can work only that crew which is already on the job site at the time that inclement weather forced the shutdown or the equivalent number of replacements for such crew members who are unable to work.

(b) No work shall be performed at any time other than during the regular work day except by notification of the Local Union in the area where work is to be performed. Application for any and all work at any time other than during the regular work day stipulated herein shall be applied for any time prior to starting said work. Notification for Saturday and Sunday work, recognized holidays and all Designated Days Off, must be made no later than 4:30 p.m. of the last regular workday of the week. Except in emergency situations, notification may be given in person, writing, by telephone, facsimile or voice mail.

Section 3. HOLIDAYS - The recognized holidays shall be: New Years Day, Martin Luther King Day, Washington’s Birthday (President’s Day), Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Eve and Christmas Day. When a holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday the Monday following shall be observed as a holiday. (No work shall be performed during any hour of the twenty-four (24) hours of Labor Day.)

(a) DESIGNATED DAYS OFF - In addition to the foregoing recognized holidays, there shall be eight (8) designated days off per contract year: July 6, 2009, August 7, 2009, September 4, 2009, November 27, 2009, February 12, 2010, April 2, 2010, May 28, 2010, June 18, 2010, July 2, 2010, August 6, 2010, September 3, 2010, November 26, 2010, February 18, 2011, April 22, 2011, May 27, 2011, June 17, 2011.

Section 4. SHIFT WORK - Shift Work is work performed outside the regular work day, Monday through Friday, and work that cannot be performed during the regular working hours due to customer restrictions or requirements. Where multiple shifts are worked, if the individual employer elects to work the day shift between the hours of 6:00 a.m. – 5:30 p.m., that shift shall work eight (8) hours and be paid straight time. The second (2nd) and third (3rd) shifts shall be paid at fifteen percent (15%) above scale.

No multiple shifts shall be established or started for less than five (5) consecutive workdays except by special permit from the Local Union. Overtime rates shall be paid for all hours worked on shift if less than five (5) consecutive days and no permit has been issued for the five (5) day exception. This shift premium work shall not be applicable to painters who have worked during that day and, therefore, shall be paid at the applicable overtime rate. For such shift work, employers must obtain a permit from the Local Union in the area where the work is being performed.

Section 5. FLEXTIME - Flexible start time Monday through Friday and other conditions subject to permit from the Local Union in the area where the work is being performed. Straight time applicable only for jobs working one (1) shift. Permit must be applied for at least twenty-four (24) hours in advance.

Section 6. On all new construction and in shops where employees report to work, the employer shall furnish adequate toilet facilities and drinking water, unless provided by others.

Section 7. No employee shall be required to wash out brushes in any material other than that approved by the State Health and Accident Commission.

Section 8. Employees may be required by the employers to sign for brushes or special tools and shall be held accountable for same.

(a) Employees will be held accountable for intentional damage to equipment or property.

Section 9. Employers shall be required to furnish sterilized rags for use on every job for the use of the worker as may be required.

(a) Employers shall furnish to all employees all protective apparels necessary to safeguard painters from all health hazards, such as, gloves, rubber pants, boots, hoods, respirators and creams as prescribed for in the Safety Health Orders by the State of California.

(b) Employers shall furnish protective gloves to be used when washing brushes or equipment where solvents or chemicals are used that may be injurious to the skin.

(c) Individual employers shall supply equipment approved by the State of California Division of

Industrial Safety to all employees. It shall be mandatory for all employees to use safety equipment as required.

(d) The Safety Orders of the Division of Industrial Safety are incorporated herein, and made part hereof as if set forth in full.

(e) It shall be considered grounds for instant dismissal for any employee to willfully refuse to obey safety regulations. The employee, so discharged, shall receive wages only for actual time worked.

Section 10. TOOLS – Tools used in any phase of painting, papering and all other facets of the trade shall be at the sole discretion of the employer. Journeymen painters shall report to work with the usual tools of the trade, consisting of duster, putty knife, broad knife, hammer, screwdriver, pliers, white work clothes, and special tools and equipment issued by the employer. Contractor to verify Journeyperson has a valid driver’s license and may participate in the B.I.T. program. Employees shall not be allowed to attach any artificial equipment such as stilts, arms or legs to their bodies in any manner whatsoever.

Section 11. Employees shall not work on a piecework basis, nor be permitted to contract or sub-contract.

Section 12. An employee shall not be allowed to use his/her car or truck to transport materials in excess of fifty (50) pounds or equipment of any type for employer at any time.

Section 13. No employee shall furnish to an employer for rent or otherwise, any car or truck, rigging or tools, except as provided under this Agreement.

Section 14. Paperhangers may supply straight edge, paperhanger trestles and the usual paperhanger’s tools.

Section 15. SAFETY TRAINING - Employees will be required to attend up to twenty-four (24) hours per year of Owner, General Contractor, State, or Federal required Safety Training. This training is exclusive of any specialized or job specific training.

Section 16. It is recognized that the foregoing Working Rules cannot reasonably be so worded as to cover any and all contingencies that may arise because of other than ordinary circumstances. It is, therefore, agreed that a contingency not specifically provided for in this Agreement shall be classified under the category of an “exceptional condition,” and an employer may make a request to the Union for a permit issued under the exceptional condition clause so long as the issuance shall not endanger the health and safety of the persons who perform the work.

(a) A request for an “exceptional condition” permit will be made to the Business Representative in the area or to District Council 16.

ARTICLE 12

STEWARDS

Section 1. District Council 16 shall be empowered to appoint all Shop Stewards and Job Stewards. Said Representative is also empowered to remove steward for just cause. The Union shall notify the Employer in writing of the appointment and removal of its stewards. Stewards shall be appointed from the present work crew of the contractor.

Section 2. DUTIES - To check all working cards of foremen, workers and apprentices and to check all applications, working permits, and to report the same by the use of Steward’s report to the Business Representative of the District Council in the area where work is performed. The steward, as a working Journeyperson, shall be allowed a reasonable amount of time to perform his/her steward duties that can not be performed outside of working hours.

Section 3. The Steward shall report to the Business Representative of the District Council and the employer or his representative, all violations of the working agreement.

Section 4. All matters of consequence pertaining to jurisdiction, alleged grievances due to unfair treatment by the employer, are to be reported to the District Council or the Business Representative in the area, for action as may be deemed necessary.

Section 5. The Steward shall be the last worker laid off, provided he/she is qualified and able to do the job available to him/her, except foremen, touch-up and specialty men.

ARTICLE 13

DRUG TESTING

When a customer or owner requires drug testing as a condition of employment on a job site or project it is agreed that the Bargaining Unit employee will comply with drug testing policies for that job site or project.

ARTICLE 14

VIOLATIONS

Section 1. Any employer who fails to pay his contributions for insurance coverage herein provided for shall be held personally responsible and liable to any employee covered by this Agreement for the benefits which would have been provided by such insurance coverage.

Section 2. Employees shall not enter or remain in the employ of any employer who willfully neglects or refuses to stand trial or after due trial refuses to abide by a decision rendered pursuant to the provisions of this Agreement.

Section 3. No party to this Agreement, whether employer or employee, shall work for or with, or employ on any job a person as employer or employee, who is acting in violation of this Agreement or who has failed or refused to comply with any decision of the appropriate organization rendered pursuant to the provisions of this Agreement.

Section 4. Business Representatives of the District Council shall be informed immediately of any violation. Business Representatives shall not be allowed to remove Journeyperson Painters and Apprentices from any and all jobs unless the contract violation involves failure to pay proper wages, failure to pay Fringe Benefits, failure to meet all financial obligations provided for by this Agreement, safety reasons, working overtime without a permit and a non-union person on the job. Employees removed from any job for such violations shall be paid by the contractor the amount at the rate of straight time to compensate them for the inconvenience and loss of time due to said violations. Said waiting time shall not exceed five (5) days. It shall be a violation of the Agreement for failure to report violations of the Agreement.

Section 5. Union to police own forces with penalties for working open shop.

ARTICLE 15

GRIEVANCE & ARBITRATION

Section 1. For all purposes of this Agreement, a grievance is any dispute or controversy between the Employer, the Union and any employee covered by this Agreement, involving the meaning, interpretation or application of the provisions of this Agreement.

Section 2. Such grievances shall be handled in the following manner:

(a) The aggrieved employee or Union Representative shall present the grievance in writing to the designated representative of the Employer and shall meet with that representative within ten (10) working days to discuss the grievance.

(b) If no settlement or resolution is reached within ten (10) working days after the meeting referenced above, it may be submitted, at the request of either party to arbitration by written notice to the other party within fifteen (15) working days from the date…