McConnell_CBA_-_Plumbers_ _Pipefitters_Local_441_Part_2.pdf

PLUMBERS

AND

PIPEFITTERS

LOCAL UNION NO. 441

AGREEMENT

BETWEEN

THE ASSOCIATION OF MECHANICAL AND

SHEET METAL CONTRACTORS OF KANSAS ZONE I A

AND

PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 441

June 3, 2013 to May 31, 2023

AND BETWEEN

ZONE I APPENDIX B CONTRACTORS

AND

PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 441

June 1, 2013 to May 31, 2023

AND BETWEEN

MECHANICAL CONTRACTORS ASSOCIATION OF KANSAS ZONE II A

MECHANICAL CONTRACTORS ASSOCIATION OF KANSAS ZONE II B

AND

PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 441

June 5, 2013 to May 31, 2023

Plumbers & Pipefitters Local Union No. 441

Area Offices www.ua441.org

Wichita Office – Main Office

(316) 265-4291

Topeka/Lawrence Area Office

(785) 354-8539

Manhattan Area Office

(785) 539-8977

Frontenac Area Office

(620) 231-4280

Health & Welfare Office

Local Pension Office

(316) 264-2339 or

(800) 423-6517

Kansas Annuity

(620) 232-3799

National Pension Plan Office

(800) 638-7442

TABLE OF CONTENTS

Article I Recognition

Article II Scope of Work

Article III Residential Scope of Work

Article IV Union Security and Dues Check-Off

Article V Union Representation and Access to Jobs

Article VI Management Rights

Article VII Referral of Employees

Article VIII Pre-Apprentice

Article IX Territorial Jurisdiction, Minimum Wages, and Conditions

Article X Service and Repair

Article XI Trust Funds

Article XII Journeymen and Apprenticeship Training Programs

Article XIII Political Action Check-Off

Article XIV Work Rules

Article XV Hours of Work, Overtime, Shifts, and Holidays

Article XVI Reporting Pay

Article XVII Welding Test

Article XVIII Subcontracting

Article IX Workers’ Compensation

Article XX Safety, Drug, and Alcohol Policy

Article XXI Grievance

Article XXII Savings Clause

Article XXIII Duration, Reopening, and Termination

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TABLE OF CONTENTS (Continued)

Article XXIV Standards for Excellence

Zone I Appendix A

Special Conditions Zone I Appendix A

Zone I Appendix B

Special Conditions Zone I Appendix B

Zone II Appendix A

Special Conditions Zone II Appendix A

Zone II Appendix B

Special Conditions Zone II Appendix B

Appendix C Special Conditions Request Form

Appendix D United Association Welder Certification Program

Appendix E Substance Abuse Testing and Treatment

(This page left blank intentionally)

PREAMBLE

ZONE IA

THIS AGREEMENT, entered into this ___3rd____ day of ___June_____, _____2013___ by and between THE ASSOCIATION OF MECHANICAL AND SHEET METAL CONTRACTORS OF KANSAS ZONE I A, hereinafter called the “Employer”, and the UNITED ASSOCIATION

OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING

INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO PLUMBERS AND

PIPEFITTERS LOCAL UNION 441, hereinafter called the “Union,” “Local,” or “Local 441.”

ZONE IB

THIS AGREEMENT, entered into this ___1st____ day of ___June_____, _____2013___ by and between ZONE I APPENDIX B CONTRACTORS, hereinafter called the “Employer”, and the

UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING

AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO

PLUMBERS AND PIPEFITTERS LOCAL UNION 441, hereinafter called the “Union,” “Local,” or “Local 441.”

ZONE IIA

THIS AGREEMENT, entered into this ___5th____ day of ___June_____, _____2013___ by and between MECHANICAL CONTRACTORS ASSOCIATION OF KANSAS ZONE II A, hereinafter called the “Employer”, and the UNITED ASSOCIATION OF JOURNEYMEN AND

APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED

STATES AND CANADA, AFL-CIO PLUMBERS AND PIPEFITTERS LOCAL UNION 441,

hereinafter called the “Union,” “Local,” or “Local 441.”

ZONE IIB

THIS AGREEMENT, entered into this ____5th_____ day of __June_____, _____2013___ by and between MECHANICAL CONTRACTORS ASSOCIATION OF KANSAS ZONE II B, hereinafter called the “Employer”, and the UNITED ASSOCIATION OF JOURNEYMEN AND

APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED

STATES AND CANADA, AFL-CIO PLUMBERS AND PIPEFITTERS LOCAL UNION 441,

hereinafter called the “Union,” “Local,” or “Local 441.”

ALL ZONES

WHEREAS, the Employer is engaged in the plumbing and pipefitting industry as an Employer throughout the jurisdiction of Local 441 and in the performance of such work requires the services of competent, skilled, and qualified journeymen and apprentices, and

WHEREAS, the Union is affiliated with the American Federation of Labor-Congress of Industrial Organizations, and has in its membership throughout the State of Kansas competent, skilled and qualified journeymen and apprentices to perform all work coming within its trade and craft jurisdiction, and

WHEREAS, the Employer and the Union desire to mutually establish and stabilize wages, hours, and working conditions for journeymen and apprentices employed within the jurisdiction of Local 441 with said Employer, and further, to encourage closer cooperation and understanding between the Employer and the Union in the plumbing and pipefitting industry to the end that a satisfactory, continuous and harmonious labor relationship will exist between the parties to this agreement.

NOW, THEREFORE, the undersigned Employer and Union, in consideration of the mutual promises and covenants herein contained, mutually agree as follows:

ARTICLE I

Recognition

ZONE IA

The employer recognizes the Union as the sole and exclusive bargaining agent for all Plumbers and/or Pipefitters within its employ with respect to wages, hours, and other terms and conditions of employment, on any and all work described in Article II and Article III of this Agreement, pursuant to Section 8(f) of the National Labor Relations Act.

If any contractor signatory to this Agreement agrees to card check then the following shall apply:

if a majority of the bargaining unit employees performing work for any signatory contractors covered by Zone IA of this collective bargaining agreement authorize the Local Union to represent them in collective bargaining, then the signatory contractor shall recognize the Local Union as the Section 9(a) exclusive collective bargaining agent for all employees performing plumbing or pipefitting work within the jurisdiction of the Local Union on all present and future jobsites. Such 9(a) recognition shall be expressly requested by the Union. The signatory contractor’s recognition shall be based upon the Union’s having shown, or having offered to show, evidence of its majority support. The Union’s evidence of majority support shall be established through the signing of authorization cards. Nothing in this Agreement shall require any signatory contractor to agree to submit to card check.

Where the Union is recognized by the Employer or any individual signatory contractor as the exclusive 9(a) bargaining representative – either through card check/voluntary recognition or a National Labor Relations Board certified election – the terms and conditions of this Agreement shall remain in effect and no party to this Agreement shall be required to bargain over the terms and conditions contained herein except as provided for pursuant to Article XXIII herein.

ZONES IB, IIA AND IIB

The employer recognizes that the overwhelming majority of Plumbers and/or Pipefitters within its employ have authorized the Union to serve as their exclusive bargaining representative. In this regard, the Union has either demonstrated to the employer satisfactory proof of its majority representative status, or the employer has declined an offer of such proof, because it is otherwise satisfied as to the Union’s majority status, and on such basis extends recognition to the Union as the sole and exclusive bargaining representative for all journeyman and apprentices in the employ of the employer with respect to wages, hours and other terms and conditions of employment, on any and all work described in Article II and Article III of this Agreement, pursuant to Section 9(a) of the National Labor Relations Act.

ALL ZONES

Local 441 will not be a party to any Agreement, written or oral, with other Employers, which provides economic or other provisions which are less favorable than the provisions of this Agreement unless such conditions are also offered to all Employers signatory to this Agreement.

This Agreement comprises the entire agreement between the two parties and no oral agreement can vary or alter the terms of this Agreement. This Agreement supersedes all other agreements between the parties hereto.

ARTICLE II

Scope of Work

This agreement covers all wages (see Zone I or Zone II Appendix A or Appendix B) and working conditions of all journeymen and apprentices engaged in the installation of all plumbing and/or pipefitting systems and component parts thereof, including fabrication, assembling, erection, installation, dismantling, repairing, reconditioning, adjusting, altering, servicing and handling, unloading, distributing, reloading, tying-on, and hoisting of all piping materials, appurtenances and equipment, by any method, including all hangers and supports of every description and all other work included in the trade jurisdictional claims of the United Association.

The above shall be effective on all plumbing and pipefitting work performed in the construction, modification or repair of any facility by the Employer, in all places in the jurisdiction of Local 441.

The above jurisdictional description shall include but not be limited to the following:

1. All piping for plumbing, water, waste, floor drains, drain grates, supply, leader, soil pipes, grease traps, sewage and vent lines.

2. All piping for water filters, water softeners, water meters and the setting of it.

3. All cold, hot and circulating water lines, piping for house pumps, cellar drainers, ejectors, house tanks, pressure tanks, swimming pools, ornamental pools, display fountains, drinking fountains, aquariums, plumbing fixtures and appliances, and the handling and setting of the above mentioned equipment.

4. All water services from mains to building, including water meters and water meter foundations.

5. All water mains from whatever source, including branches and fire hydrants, etc.

6. All down spouts and drainage areas, soil pipe, catch basins, drains, storm water sewers, septic tanks, cesspools, water storage tanks, etc.

7. All liquid soap piping, liquid soap tanks, soap valves and equipment in bath and washrooms, shower stalls, etc.

8. All bathroom, toilet room and shower room accessories, i.e., as towel racks, paper holders, glass shelves, hooks, cabinets, etc.

9. All lawn sprinkler work, including piping, fitting and lawn sprinkler heads.

10. All sheet lead lining for x-ray rooms, fountains, swimming pools or shower stalls, tanks or vats for all-purpose and for roof flashings in connection with pipefitting industry.

11. All fire standpipe, fire pumps, pressure and storage tanks, valves, hose racks, fire hose, cabinets and accessories, and all piping for sprinkler work of every description.

12. All block tin coils, carbonic gas piping for soda fountains and bars, etc.

13. All piping for railing work and racks of every description whether screwed or welded.

14. All piping for hydraulic, vacuum, pneumatic, air, water, steam, oil or gas used in connection with railway cars, railway motorcars and railway locomotives.

15. All marine piping and all piping used in connection with shipbuilding and shipyards.

16. All power plant piping of every description.

17. The handling, assembling and erection of all super heaters regardless of the mode or method of making joints, hangers and erection of same.

18. All internal and external piping on boilers, heaters, tanks and evaporator, water legs, water backs, water grates, boiler compound equipment, etc.

19. All soot blowers and soot collecting systems.

20. The setting, erecting and piping for all smoke consuming and smoke washing and regulating devices.

21. The setting, erecting and piping of instruments, measuring devices, thermostatic controls, gauge boards and other controls used in connection with power, heating, refrigerating, air conditioning, manufacturing, mining and industrial work.

22. The setting and erecting of all boiler feed water heaters, filters, water softeners, purifiers, condensate equipment, pumps, condensers, coolers and all piping for same in power houses, distributing and boosting stations, refrigerators, bottling, distilling and brewing plants, heating, ventilating and air conditioning systems.

23. All piping for artificial gases, natural gases and holders for same, chemicals, minerals and by-products and refining of same, for any and all purposes.

24. The setting and erecting of all underfeed stokers, fuel burners and piping, and all accessories and parts of the burners and stokers, etc.

25. All ash collecting and conveyor piping systems, including all air washing and dust collecting piping and equipment, accessories and appurtenances and regulating devices, etc.

26. The setting and erection all oil heaters, oil coolers and storage and distribution tanks, transfer pumps and mixing devices and piping thereto of every description.

27. The setting, erecting and piping of all cooling units, pumps, reclaiming systems and appurtenances in connection with transformers and piping to switches of every description.

28. All fire extinguishing systems, and piping and control tubing.

29. All piping for sterilizing, chemical treatment deodorizing and all cleaning systems of every description, and laundries for all purposes.

30. All piping for oil or gasoline tanks, gravity and pressure lubricating and greasing systems, air and hydraulic lifts, etc.

31. All piping for power of heating purposes, either by water, air, steam, gas, oil, chemicals or any other method.

32. All piping, setting and hanging of all units and fixtures for air conditioning, cooling, heating, roof cooling, refrigeration, ice making, humidifying, dehumidifying, dehydrating, by any method, and the charging and testing and servicing of all work after completion.

33. All pneumatic tube work and all piping for carrying systems by vacuum, compressed air, steam, water or any other method.

34. All piping to stoves, fire grates, blast and heating furnaces, ovens, driers, heaters, oil burners, stokers and boilers and cooking utensils, etc., of every description.

35. All piping in connection with central distributing filtration treatment stations, boosting stations, waste and sewage disposal plants, central chlorination treatment work, and all underground supply lines to cooling wells, suction basins, filter basins, settling basins and aeration basins.

36. All process piping for refining, manufacturing, industrial and shipping purposes of every character and description.

37. All air piping of every description.

38. All temporary piping of every description in connection with building and construction work, excavating and underground construction.

39. The laying out and cutting of all holes, chases and channels, the setting and erection of bolts, inserts, stands, brackets, supports, sleeves, thimbles, hangers, conduits and boxes, used in connection with the pipefitting industry.

40. The handling and setting of boilers, setting of fronts, setting of soot blowers and attaching of all boiler trimmings.

41. All pipe transportation lines for gas, oil, gasoline fluids and liquids, water aqueducts and water lines and booster stations of every description.

42. All acetylene and arc welding, brazing, lead burning, soldered and wiped joints, caulked joints, expanded joints, rolled joints or any other mode or method of making joints in connection with the pipefitting industry.

43. Laying out, cutting, bending and fabrication of all pipe work of every description by whatever mode or method.

44. All methods of stress relieving of all pipe joints by every mode or method.

45. The assembling and erection of tanks used for mechanical manufacturing or industrial purposes, to be assembled with bolts, packed or welded joints.

46. The handling and using of all tools and equipment that may be necessary for the erection and installation of all work and materials used in the pipefitting industry.

47. The operation, maintenance, repairing, servicing and dismantling of all work installed by journeymen members of the United Association.

48. All piping for cataracts, cascades (i.e., artificial water falls), make-up water fountains, captured water, water towers, cooling towers and spray ponds used for industrial manufacturing, commercial or for any other purposes.

49. Piping herein specified means pipe made from metals, tiles, glass, rubber, plastic, wood, or any other kind of materials or products manufactured into pipe, usable in the pipefitting industry, regardless of size or shape.

50. The fabricating, handling, erecting, adjusting and servicing of all heating and/or cooling devices and their accessories, such as covers, cabinet, cases, shields, pneumatic dampers, grills, etc.

51. The handling, erecting, setting, aligning and leveling of all pumps, compressors, vacuum devices, etc., regardless of size, H.P. or mode or method of power delivered to same. This includes turbines if delivered assembled.

52. The handling, erecting, setting, leveling and piping of all kitchen and/or cafeteria equipment, such as sinks, lavatories, scrub sinks, cooking vats, stoves, ranges, refrigerators, etc.

53. The handling, setting and leveling of all slush gates.

54. The fabrication, erecting and handling of all pipe supports, stanchions, hangers, braces, guides, etc., where used in conjunction with plumbing, heating, refrigeration or air conditioning materials and/or equipment.

55. The fabrication and installation of all vent-flue piping of ten-gauge and heavier. This includes all venting systems where forced draft is used.

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

57. The fabrication and installation of all flashings when used in conjunction with United

Association material or equipment.

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

59. Assembling and erecting of all cooling towers for air conditioning and refrigeration equipment, regardless of wood, metal, glass or any other prefabricated material.

a. Where plumbing, heating, refrigeration or air conditioning materials and/or equipment used by the employer is unloaded from railroad cars or trucks, this shall be assigned to and performed by employees, as shown herein, whether or not the work is performed by use of power or hand equipment, it being understood that the operation of the power equipment controls shall be performed by the craft entitled thereto.

b. If trucks are used in the unloading of plumbing, heating, refrigeration or air conditioning material and/or equipment from railroad cars for the purpose of carrying said materials to a job stockroom or a job stockpile, employees hereunder shall perform such unloading from the railroad car to the truck or to the ground whether or not the work is performed by use of power or hand equipment, it being understood that the operation of the power equipment controls shall be performed by the craft entitled thereto. Loading and unloading of plumbing, heating, refrigeration or air conditioning materials and/or equipment on and off trucks used to deliver such materials from a job stockroom, fabricating shop or job stockpile to the approximate point of use in installation is to be assigned and performed by employees hereunder.

c. Any work not covered or described in the Agreement, but traditionally or normally done by employees covered by this Agreement, shall continue to be assigned to the employees as if actually set forth in this Agreement.

60. All lines either heat, water, steam refrigerant, pre-charged refrigeration, gas vacuums or drains inside the perimeter of a building or foundation shall be installed by a U.A.

Journeyman. This shall include interior footing drains.

61. The adjusting, calibration and balancing of all hydronic heating and cooling environmental systems.

62. Due to current economic conditions, cutting and chasing which does not affect the structure may be done by others on repair; remodel or renovation work only, provided the layout of such work is done by journeymen plumbers or pipefitters.

In recognition of the above work jurisdictional claims, it is understood that the assignment of work and the settlement of jurisdictional disputes with other organizations affiliated with the Building and Construction Trades Department of the AFL-CIO shall be adjusted in accordance with the procedural rules and regulations established by the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry or any successor Plan.

There shall be no work stoppage because of jurisdictional disputes.

ARTICLE III

Residential Scope of Work

This Agreement shall apply to all work relating to the installation, dismantling, maintenance, repair, adjustment and correction of all heating, ventilating, air-conditioning (HVAC), plumbing and fire protection fixtures, equipment and systems, including but not limited to, the unloading, handling by hand, power equipment and installation of all piping or tubing, appurtenances and equipment pertaining thereto but only when performed on the following structures:

1. One or two family dwellings;

2. All multiple family dwelling units which are permitted to have a single exterior up to and including four stories; and

3. Townhouses, condominiums or similar structures with units stacked vertically up to and including four stories.

4. Unit only motels which are those that do not include a full service restaurant, bar or convention center. As an example of a motel covered by the above, a Super 8 motel.

This Agreement shall also include any and all residential work or work of similar nature, within the jurisdiction of the United Association, as mutually agreed by the parties.

ARTICLE IV

Union Security and Dues Check-Off

Either party to this agreement shall have the right to reopen the negotiations pertaining to Union security if and when the laws applicable thereto have been changed by giving the other party thirty (30) days written notice.

The Employer agrees to deduct from the wages of bargaining unit employees and to remit to the Union by the 15th day of the following month membership dues and assessments, as may be specified by the Union from time to time, pursuant to a valid check-off authorization voluntarily executed by the affected employee.

ARTICLE V

Union Representation and Access to Jobs

Authorized representatives of the Union shall have access to jobs where employees covered by this agreement are employed providing they do not unnecessarily interfere with the employees or cause them to neglect their work, and further provided such Union representative complies with customer rules, including rules which may restrict or deny the Union Representative(s) access to customer’s property. If the customer has and adheres to such a rule, the Union Representative may request that any individual employee or employees be made available for conference with the Union Representative without loss of pay.

The Union agrees to notify the Employer as to who shall serve as Steward. The first Journeyman on any job will be the Steward until replaced by the Business Manager. He or she shall, in addition to their work as a Journeyman, be permitted to perform, during working hours, such Union duties as cannot be reasonably performed at other times. It is understood and agreed that the Steward’s duties shall not include any matters relating to referral, hiring and termination or discipline of employees. The Employer shall notify the Union at least twenty-four (24) hours in advance of its intention to lay off a Steward. Stewards appointed by the Union on projects with twenty (20) or more employees shall not be terminated or laid off for the duration of the project without the mutual consent of the Local 441 Business Manager until the number of employees is reduced to five (5) or less, provided the Steward is qualified to perform the remaining work to be performed on the project.

The Employer shall not discriminate against the Steward, nor permit its supervision to discriminate against the Steward. When four (4) or more Journeymen and Apprentices are working overtime, the Steward shall be included.

A representative of the Union may be accompanied by the Steward whenever he or she wishes to bring any dispute(s) to the attention of the proper representatives of the Employer or wishes to hold any discussion concerning interpretation of this Agreement. Steward shall be notified of all layoffs and will be allowed to relay notifications to Hall.

ARTICLE VI

Management Rights

Subject to the limitations set forth in this Agreement, the Employer shall have the right to plan, direct and control the operation of all its work; hire employees and supervision and determine crew size and the number of employees to safely perform the work; direct the working forces;

assign employees and supervision to their jobs; discharge, suspend or discipline, transfer, promote or demote employees and supervision in line with this Agreement; lay off employees and supervision because of lack of work or for other legitimate reasons without regard to any layoff priority rules; require employees and supervision to observe the Employer’s reasonable rules and regulations not inconsistent with this Agreement; establish, eliminate, change or introduce new or improved methods, machinery, or quality standards; provided, however, that the Employer will not use these rights for the purpose of unlawful discrimination against any employee. The Employer will be the sole judge of competency of all employees covered by this Agreement.

ARTICLE VII

Referral of Employees

The Union shall be the exclusive source of applicants for employment. The Employer shall be the sole judge of the number of employees required and shall retain the right to select or reject, at its sole discretion, any applicant referred by the Union and to request specific individuals for employment. To the extent possible, the Union agrees to refer to the Employer any specific individuals requested by name or by skill.

The Employer shall notify the local union and be afforded a reasonable opportunity to refer competent and skilled journeymen and apprentice applicants for employment. If, upon request, Local 441 is unable within forty-eight (48) hours (Saturday, Sunday and holidays excluded) to supply sufficient journeymen, including journeymen with special skills, the Employer may secure journeymen from any other source.

The selection of applicants for referral to jobs shall be on a nondiscriminatory basis and shall not be based on or in any way affected by Union membership, bylaws, rules, regulations or constitutional provisions, or by any other aspect or obligation of Union membership, policy or requirement.

Journeymen with special skills shall also perform any work covered by this agreement to which they may be assigned.

ARTICLE VIII

Pre-Apprentice

A pre-apprentice shall be an individual who will assist a journeyman in the trade to perform any work covered by this Agreement. Before employment, the pre-apprentice shall complete an application, to be filled out and kept on file in the Local Union’s Office and subsequently referred by the Business Manager to the employer.

A pre-apprentice may remain in this classification no longer than it takes him or her to make application to become a Building Trades Apprentice. If, after going through the application and interview process to become an apprentice, the applicant is unsuccessful, his or her employment may be extended, not to exceed one (1) year. This extension must be requested in writing by the Contractor to the Business Manager of the Local Union. Pre-Apprentice shall work under the direct supervision of a journeyman at all times.

The ratio of pre-apprentices shall be one (1) to every four (4) journeymen and/or apprentice employed by the Contractor. To assist in market recovery, additional pre-apprentices may be requested from the Business Manager on a job by job basis, with the understanding that all signatory contractors will be given the same consideration on that job.

A pre-apprentice shall be paid no less than 30% of journeyman base wages as set forth in Zone I or Zone II Appendix A or Appendix B, but not more than a first year apprentice’s total wage and benefit package. The employer shall contribute ten cents ($0.10) per hour into the Local 441 Education Fund for each pre-apprentice employed.

Pre-Apprentices shall not be hired if any 1st or 2nd year Building Trades Apprentices are available and on the out-of-work list. The foregoing sentence shall not require Employers to terminate the employment of any pre-apprentice as a result of the termination of employment of 1st or 2nd year Building Trades Apprentices employed by other Signatory Employers. If the Employer is employing a pre-apprentice, no 1st or 2nd year apprentice shall be laid off without the mutual consent of the Local 441 Business Manager. The Employer retains the right to hire and discharge pre-apprentices.

Upon termination of a pre-apprentice, the contractor must notify the Business Manager within 24 hours.

ARTICLE IX

Territorial Jurisdiction, Minimum Wages, and Conditions

Territorial Jurisdiction: All questions relating to the geographic and trade jurisdiction of Local 441 shall be decided by the United Association.

Employees are to be paid once a week, at the end of their regular shift, within 3 days of the end of their regular payroll period, Weekends and Holidays excluded, whether working in a shop, Employer’s yard or in the field. Except for causes beyond the control of the Employer, employees not receiving their proper wages of pay on payday shall be entitled to four (4) hours of compensation at the proper straight time rate of pay for each twenty-four (24) hour waiting period or portion thereof. When employees are laid off or discharged they must be paid wages due except when termination occurs outside regular working hours, he shall then be paid by noon of the following work day. Employees and Union Hall shall be furnished with an approved Termination Slip at the time of lay off or discharge. This is to be strictly enforced. Any employee leaving the job without having been requested to do so by his employer shall receive his pay on the following regular payday. Employees are to be paid by negotiable payroll check, automatic deposit, or electronic pay card. Travelers and employees that do not have depositable accounts will continue to be paid by negotiable payroll checks or electronic pay card. When employees are laid off or discharged, they will immediately be paid all wages due by negotiable payroll check.

Each Employer shall furnish employees with each pay period, a pay stub or record showing number of hours worked, number of overtime hours, rate of pay, deductions for F.I.C.A, and all other payroll deductions. Employers choosing to use negotiable payroll checks in remote locations shall make arrangements with a check cashing facility for employee check cashing privileges. Any check cashing service fees charged to the employee by the check cashing facility set up by the Employer and check cashing service fees charged prior to the check cashing facility being set up, will be reimbursed by the Employer provided employee submits an original receipt.

Payroll checks mailed to jobsites must use overnighted service. When an employee is required to undergo orientation, testing, or training as part of pre-hire, the Employer is required to compensate the employee appropriate wages and benefits for actual time the employee is required to report for orientation, testing, or training until completed.

ARTICLE X

Service and Repair

Service and repair within the terms of this agreement shall mean maintaining operating units that must be kept running and the work required to restore by replacement of parts or by revamp of parts in existing facilities to an efficient operating condition. Service and repair does not include new construction, expansion of or additions to existing facilities or mechanical systems. Service and repair does include new construction startup and repair of new systems during warranty period after initial startup.

Employees referred to jobs shall report to a location designated by the Employer. When requested to stay away from home overnight, the Employee shall be reimbursed for meals and lodging at reasonable rates which, when not previously established, will be substantiated by receipts. The Employer shall provide Employees with a company vehicle when necessary in the performance of their duties.

All Employees who drive company vehicles will be required to maintain a valid driver’s license and maintain a safe driving record, consistent with the Employer’s safety program and insurance requirements, as a condition of continued employment. The Employer shall have the right to check the validity of such driver’s license and driving record at their discretion in accordance with the Employer’s policies.

All travel time, in excess of reasonable commuting time, before and after an Employee’s normal work hours shall be paid for at straight time, and such travel shall not be considered hours worked and the pay therefore shall not be considered as pay for hours worked.

Reasonable commuting time shall be that time required for Employees to travel to and from job assignments within a fifty (50) mile radius of their established residence (normally the Employer’s local office or a designated point to which the Employee is permanently assigned).

When on call for service work, the employee shall receive two (2) hours straight time pay for each day on call Saturdays, Sundays, and Holidays plus an additional two (2) hours when required to be on call Monday through Friday after normal work hours. If called out the two (2) hours on call pay is to be considered a guaranteed minimum and will not be paid in addition to actual hours worked. Normal work hours Monday through Friday shall not be counted toward two (2) hour on call pay. On call pay not to exceed six (6) hours per calendar week or Employer pay period.

If, due to inclement weather and for service work only, a Service Employee is prevented from working the normal work week as stated in Article XVI, employees may work Saturday as a “makeup day”, at the regular rate of pay, if the employer and the affected employees mutually agree. There shall be no reprisals or disciplinary action taken against any employee that refuses to work Saturday as a makeup day.

Any conditions that are necessary to address special requirements of a particular job, project, customer or location, including wages, fringes and job classifications, shall be subject to mutual agreement between the Employer and the Business Manager and set forth in writing in Appendix C “Special Conditions” applicable to the particular job, project, customer or location.

When Local 441 extends a Special Conditions Addendum covering a particular job, project, customer or location, other similarly situated signatory employers will be given the same terms, upon request, when dealing with the particular job, project, customer or location.

ARTICLE XI

A. Trust Funds

The following trusts dated as outlined below or their successors by and between the Employers and Local Union No. 441 are included in their entirety for the duration of this agreement.

Plumbing and Pipefitting Industry Health and Welfare Fund of Kansas - March 1965 and as amended.

Local 441 Plumbers and Pipefitters Retirement Plan - March 1964 and as amended.

Plumbers & Pipefitters; National Pension Fund-March 1970 and as amended.

Plumbing and Pipefitting Industry Retirement Plan of Kansas – May 1, 1980 and as amended.

Training Fund - January 1956 and as amended.

The International Training Fund.

All of the above named trusts shall be administered in accordance with Declaration of Trust Agreements and are a part of this agreement. If the Employer fails to make contributions to said trust on or before the fifteenth (15) day of the month following the month in which contributions were accumulated, the union shall have the right to take whatever steps are necessary to secure compliance with this agreement.

The Employer’s liability for payment hereunder shall not be subject to the Grievance Procedure as provided under this agreement.

Contributions under this agreement shall be payable on or before the fifteenth (15) day of the month following the month in which contributions were accumulated. If the contributions are not paid by the time outlined above, the Union shall be free to picket, strike or take other action against such Employer, provided five (5) days prior written notice is thereafter given to the Employer.

B. National Pension Trust Fund

The undersigned Employer and Union represent that one of the trust agreements between the said parties regarding pensions or retirement for employees covered by the Collective Bargaining Agreement between the parties is as follows:

Commencing with the 16th day of March, 1970, and for the duration of the current collective Bargaining Agreement between the said parties, and any renewals or extensions thereof, the Employer agrees to make payments to the Plumbers and Pipefitters National Pension Fund for each employee covered by the said Collective Bargaining Agreement, as follows:

For each hour or portion thereof for which an employee receives pay, the Employer shall make a contribution of the amount called out in Zone I or Zone II Appendix A or Appendix B of the Collective Bargaining Agreement (Each overtime hour shall be counted as one regular hour for which contributions are payable.)

For purposes of this Article, each hour paid for, including hours attributable to show up time and other hours for which pay is received by the employee in accordance with the Collective Bargaining Agreement, shall be counted as hours for which contributions are payable.

Contributions shall be paid on behalf of any employee starting with the employee’s first day of employment in a job classification covered by the Collective Bargaining Agreement. This includes, but is not limited to, Apprentices.

The payments to the Pension Fund required above shall be made to the “Plumbers and Pipefitters National Pension Fund” which was established under an Agreement and Declaration of Trusts, dated July 23, 1968.

The Employer agrees to be bound by all of the terms and conditions of the Agreement and Declaration of Trust, a copy of which has been or will be signed by the Employer in the place provided at the end of such Agreement. Any Employer so adopting and becoming a party to this Agreement and Declaration of Trust thereby ratifies, accepts and designates as its representatives the Employer Trustees then serving as such and authorizes said Employer Trustees to designate additional Employer Trustees and successor Employer Trustees in accordance with the terms and conditions hereof.

It is agreed that the Pension Plan adopted by the Trustees of the said Pension Fund shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employer at all times to treat contributions to the Pension Fund as a deduction for income tax purposes.

It is agreed that all contributions shall be made at such time and in such manner as the Trustees require; and the Trustees shall have the authority to have an independent Certified Public Accountant audit the payroll and wage records of the Employer for the purpose of determining the accuracy of contributions to the Pension Fund.

If a Employer fails to make contributions to the Pension Fund within fifteen (15) days after the date required by the Trustees, the Union shall have the right to take whatever steps are necessary to secure compliance with this Agreement, any provision of the Collective Bargaining Agreement to the contrary notwithstanding, and the Employer shall be liable for all costs for collecting the payments due together with attorneys’ fees and such late payment fees which may be assessed by the Trustees. The Employer’s liability for payment hereunder shall not be subject to the grievance procedure provided under the Collective Bargaining Agreement. The parties agree that this Participation Agreement shall be considered a part of the Collective Bargaining Agreement between the undersigned parties.

ALL ZONES

The expiration date of the present Collective Bargaining Agreement between the undersigned parties is May 31, 2023. Copies of the Collective Bargaining Agreement and all renewal or extension agreements will be furnished promptly to the Pension Fund office and, if not consistent with this Participation Agreement, can be used by the Trustees as the basis for termination of participation of the Employer.

ALL ZONES

C. The Plumbing and Pipefitting Industry Health & Welfare Trust Fund of Kansas The Local 441 Plumbers And Pipefitters Retirement Trust Plan The Plumbing and Pipefitting Industry Retirement Plan of Kansas

Each Employer shall make contributions to the Plumbing and Pipefitting Industry Health and Welfare Fund of Kansas, the Local 441 Plumbers and Pipefitters Retirement Plan and the Plumbing and Pipefitting Industry Retirement Plan of Kansas or their successors for and on behalf of its Employees covered under this Agreement at the rates described in Zone I or Zone II Appendix A or Appendix B of the Collective Bargaining Agreement.

Employees for whom contributions are not required to be made by this Agreement to a Fund described above shall not be eligible to participate in the Fund. For purposes of this Article, the term “Employee” does not include an employee who owns an interest in his employer unless the employee works with the tools of the trade for at least half of the hours for which he is paid or entitled to payment by his employer. Notwithstanding the foregoing, no contributions to the Local 441 Plumbers and Pipefitters Retirement Plan, nor the Plumbing and Pipefitting Industry Retirement Plan of Kansas shall be required for an employee who owns a significant interest in his employer.

Each Employer shall make the contributions set out in Zone I or Zone II Appendix A or Appendix B for each hour, or portion thereof, for which an Employee for whom contributions are required to be made is paid or entitled to payment for performance of duties for the Employer. Each overtime hour shall be counted as one regular hour for which contributions are payable.

The payments to the Health & Welfare Fund required above shall be made to the “Plumbing and Pipefitting Industry Health and Welfare Fund of Kansas” which was established under an Agreement and Declaration of Trust, dated September 7, 1965. The payments to the Local 441 Retirement Plan required above shall be made to the “Local 441 Plumbers and Pipefitters Retirement Plan,” which was established under an Agreement and Declaration of Trust, dated March 4, 1964. The payments to the Plumbing and Pipefitting Industry Retirement Plan of Kansas required above shall be made to “Plumbing and Pipefitting Industry Retirement Plan of Kansas,” which was established under an agreement and declaration of trust, dated May 1, 1980.

Each Employer and the Union hereby accept as Trustees the present Trustees of the Funds and all succeeding Trustees as shall be appointed in the future pursuant to the terms of the Funds’ respective Trust Agreements. The Union and Employer agree to be bound by, and hereby assent to, all of the terms of the Plans (as amended from time to time), the Trust Agreements creating the Plans (as amended from time to time), all of the rules and regulations heretofore and hereafter adopted by the Trustees of the Funds, and all of the actions taken by the Trustees in administering the Plans and Funds.

The nature, type and extent of the benefits provided by the Plans shall be as determined by the Trustees in their sole discretion and in accordance with applicable law. The Trustees reserve the right to make any changes in benefits, the changes made for coverage, or both, as they may in their discretion require. However, the preceding sentence shall not be construed to impose any contribution obligation on the Employer in excess of the obligation described in Zone I or Zone II Appendix A or Appendix B. The overall administration of the Plans is the sole exclusive function and responsibility of the Trustees.

It is agreed that the Retirement and Health & Welfare Plans adopted by the respective Trustees of the Retirement and Health & Welfare Plans described above shall at all times conform with the requirements of the Internal Revenue Code so as to enable the Employers at all times to treat contributions to the Funds as a deduction for income tax purposes. The Employers agree to notify the plan administrator of the Plumbing and Pipefitting Industry Retirement Plan of Kansas, in writing, if it appears that any employee’s annual compensation will exceed $85,000.

It is agreed that all contributions shall be made at such time and in such manner as the Trustees require, and the Trustees shall have the authority to retain an accountant or accounting firm to perform payroll audits of the Employers to determine whether the correct amount of contributions have been made and to determine whether contributions have been made and to determine whether contributions have been made on behalf of all Employees covered by the Plans. If an Employer fails to make contributions to the Retirement Plans, or the Health & Welfare Fund within 15 days of the end of the month during which the work was performed, the Union and/or the Trustees shall have the right to take whatever steps are necessary to secure compliance, any provision of the Collective Bargaining Agreement to the contrary notwithstanding, and the Employer shall be liable for all costs and expenses for collecting the payments due, together with the cost of any payroll audit that determines the payments due, attorneys’ fees, interest on the unpaid contributions of 12% per annum, and such liquidated damages as may be assessed by the Trustees. The Employer’s liability for payment hereunder shall not be subject to the grievance procedure provided under the Collective Bargaining Agreement.

D. Payments To Benefit Plans

The payment of all fringe benefits and employee deductions as specified in Zone I or Zone II Appendix A or Appendix B shall be paid to the Bank named by the Trustees. In addition to the contributions required by Zone I or Zone II Appendix A or Appendix B, individual employees working under the collective bargaining agreement shall have the option of voluntarily designating deferred compensation contributions to the Plumbing and Pipefitting Industry Retirement Plan of Kansas. Payment shall include the employer’s contribution and the employees deferred compensation (if any). The Union shall provide each employee with a deferred compensation election form.

The Union shall present each contributing employer with an executed copy of the election form or by other written means convey the employees decision to make or change the amount of his or her deferred compensation contributions to the plan. The employees’ election shall remain in effect for the period specified in the plan document. Employees may reduce their deferred compensation to $0.00 at any time during the period specified in the plan document. If an employee elects to reduce his or her deferred compensation to 0.00, such employee will be ineligible to make self contributions for the period specified in the plan document. The Employer shall withhold, as designated by the employee, $0.00, $0.40, $0.80, $1.20, $2.00, $3.00, or $5.00 per hour worked.

Contributions on behalf of 1st year probationary apprentices shall be limited to the employer contribution only if employer contributions are required by the appropriate Zone Appendix.

Employers subject to this Agreement shall furnish a bond or irrevocable “Letter of Credit” from a financial institution or other means of guaranteeing payments acceptable to the Benefit Plans and the Local Union in an amount consistent with the bonding requirements stated herein, naming the Health & Welfare Fund of Kansas, the L.U. 441 Plumbers and Pipefitters Retirement Plan, the Plumbing and Pipefitting Industry Retirement Plan of Kansas, the Plumbers and Pipefitters National Pension Fund, the Joint Apprenticeship Fund, the International Training Fund, Industry Development Fund, Local Union 441 PAC, and Local Union 441 Working Assessments, as obligee. The bond shall insure payment to the above-mentioned funds and/or earnings of individual employees covered by the terms of this Agreement in case of any failure to make such payments as set forth in this Agreement.

Schedule on the bonding requirements as follows:

0 to 2 employees $ 10,000 Bond 3 to 15 employees $ 60,000 Bond 16 and over $120,000 Bond

The bond of each Employer shall be furnished to the Union, a copy will be furnished to the Fund Office and a copy shall be filed with the appropriate Employer Association.

ZONE IA

The Bond will be written on a form provided by the Union and approved by Local Union 441, the Association of Mechanical and Sheet Metal Contractors of Kansas, Inc., the Mechanical Service Contractors of America and the The Association of Mechanical and Sheet Metal

Contractors of Kansas Zone I A or any successors. Bonds shall be furnished to execution of this Agreement.

ZONE IB

The Bond will be written on a form provided by the Union and approved by Local Union 441, the Association of Mechanical and Sheet Metal Contractors of Kansas, Inc., the Mechanical Service Contractors of America and the Zone I Appendix B Contractors or any successors.

Bonds shall be furnished to execution of this Agreement.

ZONE IIA

The Bond will be written on a form provided by the Union and approved by Local…