Laborers_Local_472-172_CBA-2024_27.pdf

EFFECTIVE

AGREEMENT

Entered into between

UTILITY AND TRANSPORTATION

CONTRACTORS ASSOCIATION

AND THE

ASSOCIATED CONSTRUCTION

CONTRACTORS of NEW JERSEY and

LABORERS’ INTERNATIONAL UNION

OF NORTH AMERICA

HEAVY AND GENERAL

CONSTRUCTION LABORERS’

LOCALS 472 and 172 of the STATE of NEW JERSEY

C O N T R A C

TO

R C O D E

MARCH 1,

FEBRUARY 28,

2027TO

MARCH 1, 2024 to FEBRUARY 28, 2027

AGREEMENT

Entered into between

UTILITY AND TRANSPORTATION

CONTRACTORS ASSOCIATION

AND THE

ASSOCIATED CONSTRUCTION

CONTRACTORS of NEW JERSEY and

LABORERS’ INTERNATIONAL UNION

OF NORTH AMERICA

HEAVY AND GENERAL

CONSTRUCTION LABORERS’

LOCALS 472 and 172 of the STATE of NEW JERSEY

TABLE OF CONTENTS

Preamble

1. U.T.C.A. and A.C.C.N.J. Recognition

2. Union Recognition and Work Jurisdiction

3. Territorial Jurisdiction

4. Jurisdictional Disputes

5. Hiring 5A. Apprenticeship 5B. Drug Free Workplace

6. Union Security

7. Pre-Job Conference

8. Unemployment Compensation 9 . Job Stewards

10. Union Visitation Rights

11. Picket Line

12. Work Performance

13. Featherbedding

14. Subcontractors

15. Safety Codes

16. Work and Protective Clothing

17. Grievance and Arbitration Procedure

18. Wages

19. Wage Payment Procedure

20. Union Dues Supplement 20A. N.J.S.L.P.A.C./L.E.R.O.F. Deduction

21. Hours of Work 21A. All Emergency Work

22. Partial Day Pay

23. Foreman

24. Shi!s 24A. Work at Nuclear Plants

25. Lunch

26. Driller’s Helper

27. Watchmen

28. New Work Classi"cation 28A. Work at Hazardous Waste Sites

29. Higher Rate Classi"cation

30. Holidays Observed

31. Holiday Pay

32. Employee Discharge Pay

33. Welfare Fund

a) Rates

b) Payment for Holidays

c) Purposes and Coverage

d) Employer Trustees

e) Union Trustees

f) Right to Audit

34. Pension Fund

a) Rates

b) Payment for Holidays

c) Purposes and Coverage

d) Union as Employer

35. Safety, Education and Training Fund

36. Annuity Fund

37. Vacation Fund

38. N.J. State Laborers Health and Safety Trust Fund

39. NJ Laborers-Employers Cooperation and Education Trust

40. Construction Industry Advancement Program

41. Insurance for Employer’s Liability Under

ERISA

42. Collection Policy

43. Fund Arbitration

44. Fringe Bene"t Payment Bond

45. Subcontractor Assignment of Monies

46. Successors in Interest

47. Preservation of Unit Work

48. Contractors Associations’ Agreement

49. Renegotiation Notice

50. Termination Date of Agreement

51. Separability of Provisions

52. Non Prevailing Wage Work

53. Construction Specialist

54. Favored Nations Clause

55. Market Recovery Fund

56. Owner Mandated Hours of Work U.T.C.A. /A.C.C.N.J. Signature Page Stipulation Signature Page Index

PREAMBLE

THIS AGREEMENT is made and entered into this 1st day of March, 2024, e!ective as of March 1, 2024, by and between the UTILITY AND TRANSPORTATION

CONTRACTORS ASSOCIATION (U.T.C.A.) AND

THE ASSOCIATED CONSTRUCTION CONTRAC-

TORS OF NEW JERSEY (A.C.C.N.J.), (hereina"er designated as the “Employer” or “Association(s)” party of the #rst part, and LABORERS’ LOCALS NO. 472 AND 172 OF THE STATE OF NEW JERSEY, party of the second part, hereina"er designated as the “Union.”

It is understood that the Utility and Transportation Contractors Association and the Associated Construc-tion Contractors of New Jersey are acting only as agents for the negotiation of this contract and that it is an agent for those persons, corporations or partnerships who have so authorized the Association, in writing, that they will be bound by this Agreement entered into by the Association on their behalf. In no event shall the Associ-ation be bound as a principal or an Employer or be held liable in any manner for any breach of this contract by any of the persons, corporations or partnerships as “Employers” who have authorized the Association to ex-ecute this contract on their behalf. It is further agreed and understood that the liabilities of the said persons, corporations or partnerships shall be several and not joint. It is further understood that the liabilities of the

Unions signing this contract shall be several and not joint.

It is the intent of the Agreement that it will be mutual. $e Employer will cooperate with the Unions and said Unions will in turn cooperate with the Employer to the end that the work may be accomplished with the e%ciency and economy that is necessary in order that the Agreement may prove of mutual advantage.

No project labor agreement (PLA) may supersede this agreement or any of its provisions or articles without the mutual consent of the parties. A representative of the employer associations shall participate in any PLA negotiations.

$e Association represents that each of its mem-bers/employers has acknowledged and represented that they have recognized Local 472 or Local 172, (as the case may be), as the authorized representative of its employees performing work as hereina"er described in Section 2; and that each has been a!orded the oppor-tunity to review the Local Union’s (Local 472 or Local

172) proof of its majority status as a representative of such employees.

1. U.T.C.A. /A.C.C.N.J. Recognition The Utility and Transportation Contractors Association of New Jersey, it is understood, shall be the sole bargaining representative with the Union for all members of the Association carrying on work in this State as de#ned in this Agreement.

$e Associated Construction Contractors of New Jer-sey, it is understood, shall be the sole bargaining represen-tative with the Union for all members of the Association carrying on work in this State as de#ned in this Agreement.

2. Union Recognition and Work Jurisdiction $e Employer recognizes the Union as the sole and exclusive collective bargaining representative for all em-ployees employed by the Employer engaged in all work of any description whatsoever concerning the clearing, exca-vating (including vacuum excavation) including use of hy-draulic, cable and clam shell equipment, #lling, back-#lling and landscaping of all sites, and when at the discretion of the Employer the Employer chooses to place an employee for the purposes of spotting, dumping and counting of all trucks and the counting of delivery slips, that employee will be a laborer or foreman covered under this Agree-ment. In addition to all work concerning excavation, foun-dation, highway, driveways, the forming, pouring, placing and #nishing of all concrete, including all activity pertain-ing to the curing, covering and protecting of concrete, spall repairs, chipping, all types of pressure injection, including all work in connection with stamped concrete, the caulk-ing and sealing of road joints, the handling and placing of stone, brick or concrete pavers including the cutting of same, the preparation and screeding of the bed, all tamp-ing, sweeping and sanding in connection with their instal-lation, the handling, the assembling and the installing of benches, bleachers, dugouts, tables, garbage receptacles, and rec-reational, playground and related equipment, all roadway and site curbs including concrete, pads, slabs and ap-proaches, parking lots, access roads, rock drilling of any kind irrespective of equipment used, blasting, the opera-tion of directional drills, including the location of all drill heads, air track and hydraulic drills for any purpose, the operation of Geoprobe Drilling Systems (environment, Geo-technical, Crothermal, or Exploration), the operation of jackhammers including joystick controlled jackhammers, the operation of any ground penetrating radar device (GPR), Micro Tracker Converter Debris Remover whether operated manually or by remote control, sewers, water and sewage treatment plants, including the installation and maintenance of any temporary treatment plant or other system whose purpose to process, dewater, and/or treat water or any e&uent of any kind, Power plants, electric sub stations, Co-generation facilities, pumping stations, re-source recovery facilities, land#lls, reclamation of hazardous waste sites; railroad tracks, jetties, groins, breakwaters or any other structure designed for protection of beaches or to stop beach erosion, including the installation, placing, loading, unloading, moving, storing, and tying together and all other work related to gabion baskets; the unloading, handling and installation of mesh and roadway mats, all tracking/matting pads, guiderail, the unloading and han-dling of #berglass products, cold patch work, wrapping and coating of all pipe, and any removal of such, all #re watch, the demolition of bridges and structures on the right of way of highway construction, the demolition of all types of structures when said structures’ materials are not to be used again on a speci#c project, the handling and installation of all pre-cast products, including, but not limited to, pre-cast erection, retaining walls, and other uses, the handling and installation of all precast products related to all highway, site and utility work, the setting of portable and permanent fences and traf- #c barriers including but not limited to pre-cast barri-er curbs, whether they be constructed of concrete, pre-cast, steel, plastics, or other materials, whether they be for sound protection, tra%c protection, or construction crew protection, all work in connection with noise walls constructed of pre-cast or other materials, and earth walls, to include sealing, coating, caulking and grouting, and pre-cast barrier curb, and all other work related to portable tra%c barriers, landscape work, power buggy and duct line work, installation of #bre optic cable and all work related thereto, conduit work of any description, pipes, dikes, dams, reservoirs, tanks, heavy and general construction work, power washing by any method, sandblasting, burning and cutting involving demolition of, cutting and welding of railroad metals, all 3rd rail railroad work, operation of power spike pullers, power spike drivers, power track jacks, tamping machines and similar rail and track laying equipment, spiking of all rails, contact rails, third rail tracks and ties, including the welding, other fastening and other bonding of all running rails and tracks; the mixing, pouring and placing of grout, the drilling, grouting and installation of all dowels and anchor bolts, dry packing and concrete for all track related work including but not limiting to rails, ties, tracks, plates and columns; placing and tamping of ballast by hand or mechanical means, all mastic and membrane waterproo#ng on all roads, bridges, tunnels, sha"s, land#lls, retaining walls, foundations and other structures, application by any means of anti-corrosion or protective coatings of all types to steel beams, supports and all like structures, loading, un-loading, unrolling, deployment, seaming and attachment to structures of lining geotextiles, geomembranes, other geosynthetic materials, arti#cial turf, and tempo-rary geomembrane cover of methane barrier materials including but not limited to attachment of said materials to structures, all epoxy work, the tending of heaters when fueled by solid fuels, propane, diesel fuel, kero-sene, charcoal or coal, as normally used for temporary heat and/or curing of concrete, the operation and maintenance of generators as may be needed on construction sites, the placing, maintenance and #lling of water coolers, the handling of all construction materials and other work in the State of New Jersey as de#ned and #xed in the Manual of Jurisdiction (Part 1) of October 1961 of the Laborers’ International Union of North America, incorporated herein by reference. It is agreed that all work described in this Agreement or in the Manual of Jurisdiction shall be performed only by employees covered by this Agreement. It is speci#cally understood that bargaining unit work within the meaning of this Article and this Agreement, includes any work performed in connection with carrying of lumber to the point of erection, unloading of forms, cleaning of lumber, oiling of forms, and the #nal strip-ping of forms on any structure which will not be used again on that particular project, including but not limited to the installation and removal of shielding, overhangs, brackets, catches and the removal and cut o!, by any means, of all sheeting and piles, any sheeting and temporary shoring when installed and removed with an excavator and hammer, the coring, drilling, handling and use of templates for installing and grouting anchor bolts, the operation of core drills and the un-loading, handling and installation of liner plates either vertical or horizontal, pipe or conduit of all kinds and of any description and for whatever purpose including, but not limited to, all work connected with the loading, unloading, installation, distribution or handling of scuppers, down drains or pipe or conduit of any kind or description, or any other material used in the performance of work as set forth above; all work connected with the loading, unloading, installation, distribution, or handling of #bre optic cable, all labor work (including skilled and semi-skilled) for the construction or an installation of utility lines, metallic and nonmetallic, clay, Terra-cotta, ironstone, vitri#ed and steel pipe, concrete, concrete reinforced, cast iron, #berglass, Orangeburg, transite, plastic, etc. pipe for storm and sanitary sewers and drainage, methane recovery systems, process piping, fusion of pipe; breaking of any pavement by any method, laser operations for pipe installations, water lines; pumping stations; water and sewage treatment plants, solid waste and sludge disposal and recycling plants; cables; ducts; air lines;

gas lines, steam lines, conduit lines, making and fusing of joints; setting and driving of sheeting and lagging and shoring of all ditches, trenches, chambers and underground structures; trenching; manhole erectors and installing and #nishing of channels and benches in manholes and other underground structures; installation of well points, the installation of co!er dams, wick drains, or any other de-watering system, pumps up to but not including 6 inches, digging and back#lling of all ditches, cutting of streets and surfaces and re#nishing of same, in free air tunnel projects; all other utility work and projects relating to drainage, sanitation, sewage disposal, irrigation, 'ood control, port-a-dams, water supply and similar utility construction work, whether such work is or is not part of, or incidental to building construction and/or improvement, and whether such work is inside or outside of property lines on public or private property, on or o! streets, on highways, and bridges or on or o! building or other construction sites or land#lls; in regard to building, all work as described above shall be performed from the point of #rst connection outside the building foundation; all the unloading and distribution of all pipe and material used in the performance of work as set forth above; the installation of utility meters, all the service connections of pipe from main sewers or water lines to the point of #rst connection outside the building foundation and all laying and installing of pipe, the relining, cured-in-place lining, epoxy lining, cleaning, coating and seal-ing of all pipe and making of all connections and/or joints, including #re hydrants and standpipes on any and all types of pipe for water, sewer and/or any other uses. $e loading, unloading, handling, replacing, mainte-nance, cleaning, demolition, setting and installation of en-ergy related technology, including, but not limited to, solar panels, solar #elds, all wind and solar substations, conver-tor stations, storage facilities, solar roadway pavement markers/delineators, windmills, and all related braces, framing, structures, regardless of material composition.

In construction of open cuts all work in connection with piling and in connection with bracing and lagging:

all work involving “Krings System” projects or other similar systems: and in construction of piers, wharves and other structures requiring the use of heavy fram-ing of wood, steel, or concrete as bracing against water and earth pressures and the installation and testing of all types of tie-backs: the erecting of all materials used (i.) up to and including the ordinance piece or piers (ii.)

up to the deck of bridges over water and approaches thereto, and (iii.) up to the corresponding member of other structures. $e positioning, placing and pouring of concrete, grout, sand or stone into pipe piles, shell piles, caissons and monotube piling by any method, (including truck, crane bucket or pump).

All manufacturing and laying of sheet asphalt, cold mix and bituminous mixtures, including burners and heaters on new and repair work and all other asphalt work of any nature whatsoever including but not limited to roadways, airports, parking lots, driveways, site work, the operation of any laser screed, all trench and pothole restoration by any means and all hot mix asphalt work.

$e transportation, and loading and unloading, as when directed by the Employer, on the project site or from the yard, of all tools, material, equipment and personnel (excluding all personal transportation) per-taining to all jurisdiction covered under this agreement and when directed by the employer, the operation of All Terrain Vehicles (ATV’s), Multi Purpose Amphibious Vehicles (“MPAV’s”) compact utility loader (also called a “dingo”), dumpers, mason dumps when performing masonry work, pickups when used by the foreman and in the territorial jurisdiction of Local 172 and 472 as referenced in Article 3, the operation of all mason dumps, pickups and vehicles used for protection and maintenance of tra%c at the applicable rate, and the use of all GPS and GPS Rovers and related devices for the grading and transfer and checking of grades on all projects and roads covered by this Agreement.

All 'agmen, tra%c directors or at the discretion of the employer, tra%c control coordinators or any other person engaged in directing tra%c, protecting cross-ings, the installation of ground-mounted regulatory and advanced warning signs on highway work, both temporary and permanent, safeguarding the public or any private persons or property, or otherwise en-gaged in any other safety duties shall be covered by this Agreement, where local conditions permit.

Laborers covered by this Agreement, who are appropriately certi#ed, shall perform the rigging and signaling of all cranes when working on any work ju-risdiction covered in this Agreement. $e Laborers shall clean the “tracks” of all track equipped vehicles.

$e parties hereto agree this Agreement covers employment for wall sawing, 'at-sawing, core drilling, wire sawing, grinding, saw cut grooving and polishing of concrete 'oors by use of any walk behind or ride on/ seated equipment, highway/corrective diamond grinding and demolition of concrete and robotic demolition ma-chines, such as the Brokk, etc. all which utilize various sawing machines, and curb saws used in the industry.

$is agreement is to include the use of a circular blade on track-mounted machines used to cut door, window or vent openings. $is agreement shall not be limiting in nature as to the thickness of the wall to be cut. Also in-cluded in this jurisdiction is the use of 'at sawing for the cutting of 'oors, bridges and pavements. As technology improves, the type of blade may change and any changes in technology shall be included as covered employment under this Agreement. Flat saws with diamond blades mounted on a walk behind or ride-on machines, which may be hydraulic, gas, diesel or electric powered. All core drilling techniques and equipment are covered under this Agreement. Wire sawing by use of a multi-strand.

$e parties hereto agree that in addition to the foregoing work as described above, the following work shall be consid-ered to be within the Work Jurisdiction of this Agreement.

1. Welding, burning, erecting, calibrating, align-ing, starting-up and testing, adjusting, repairing, and the maintaining of all machinery and equipment, be it powered by, or receiving power from, steam, gas, gasoline, diesel, jet, electric, pneumatic, water, solar, thermal, mineral, atomic, rocket, nuclear, chemical, wind or any other source, regardless whether temporarily or permanently. Some of the locations in which you may #nd machinery, equipment and their components are:

recycling plants, foundries, ore reduction plants, water, sewage and chemical treatment plants, fertilizing and mixing plants, breweries, dams and bridges, coal yards, ethanol or similar type facilities, bio-mass facilities, pharmaceutical facilities, incinerators, co-generation, coal gasi#cation and power plants.

2. Setting of all motors and pumps.

3. Stone crushing and gravel washing plants, crushers, screens, revolving or eccentric, rolls, fan con-veyors, all conveyors, belt, chain, screw, whether boxes be of steel, iron or wood.

4. $e assembling of all train rails, mono rails, overhead cranes or all travelers where no hot rivets are used in assembling same.

5. Setting all beams or timbers used in the recep-tion of machinery and drilling of holes, necessary for the foundation whether they be of wood or steel, stone, concrete or other materials, whether rachet or power drills are used. $e erection and dismantling of machin-ery conveyors.

6. All sewage disposal machinery.

7. Sewage and Water Treatment Plants – disassembly, fabricating, rigging, erecting and aligning of skimmers, rake mechanisms, feed wells, ba&es, scum troughs, degritting equipment, bar screens, communitors, mixers, pumps, aeration systems, blowers, membrane #ltration systems, sequencing batch reaction systems, including any related piping or duct work, #lter presses, sand #ltration systems, ultra violet rack systems, mechanical drive assemblies, conveyors, mono rails, gates and setting odor control equipment. $e setting of thru-clean bar, straight line bar, trash, tritor drum, and disc screens, straight line grit, circuline grit, circuline sludge, and circuline mixer collectors, straight line, 'ash, horizontal slow, vertical slow, and vibra 'ow feeder machines, pre-aeration and settling tanks, covers for tanks, bowls and basins including stationary or mechanical covers regardless of materials, thickeners, rotoline distributors, sludge bed cleaners, digestion systems, heaters, dyna-grind sewage screening grinders, screw pumps, spiral classifer, agitators, junk remover, hydro pupler, cooling fans, lube systems, selecti#er screens, hydrosensors, fuel blowers, grizzly screens, trommels, table feeders, dryers, optical sorters, high tension separators, grip dewatering screens, 'ash mixer, horizontal slow mixer, vertical slow mixer, vibra-'ow feeder machine, circuline grit collectors, pre-aeration and settling tanks, circuline sludge collectors, circuline mixer collectors, grip dewatering screens, #lter, cone and rotary presses, comminutors, barminutors, degreasers, rotometers, dehumidi#ers, benches, washers for cars, trucks, buses, trains and other types, hydraulic units, shroud boxes, silencers, scales, load cells, eddy current clutches, disintegrators, dehairing machines, grain handling devices, laboratory equipment, machine shop equipment, ladle cars, stunning pens and doors, activation equipment, racks, material handling platforms, transition pieces, the handling and installation of pulleys, gears, sheaves and 'y wheels, air vacuum, worm, belt, friction, rope, chain and gear drives that are directly or indirectly coupled to motors, belts, chains, sha"s, or screws, installation of legs, boots, guards and boot tanks, all bin and diverter valves, turn hands and indicators, sha"ing, bearing cable sprockets, cutting of all key seats in old and new work, troughs, chippers, calendars, rolls, winders, rewinders, slitters, cutters, wrapping machines, blowers, forging machines, pneumatic, electric and hydraulic rams, extractors, expellers and extruders, ball and dust collector, splicing of ropes and cables.

8. Rock, sand and gravel plants, batch or aggregate plants, recycling equipment, crushers, conveyors, chutes from one piece of mechanical equipment into another piece of mechanical equipment, or from a vessel into a conveyor, or into other places or mechanical equipment or other mechanical equipment used (for the purpose of description only) to excavate material from one area to another from highways, roadways or elsewhere.

Any technological advancement that replaces a laborers’ work jurisdiction shall continue to be the work of a laborer.

Tunnels Historically, the Union as the sole representative of the employees covered under this Agreement, has acquired and maintained an expanded cra" jurisdic-tion in the construction of new tunnels or in the repair, rehabilitation or modi#cation of existing tunnels. $e work in tunnels to be performed by employees covered under this agreement is as follows but not limited to:

All work for all tunneling operations, including but not limited to subways, railroads, sewer, water, vehicular and utility tunnels and all sha"s, manholes and access ways in connection therewith, all work in connection with but not limited to, the excavation, de-watering, shoring, forming, the pouring, placing and #nishing of concrete and grout and the reinforcing of same by any means, the bolting and securing of any structural support system, the handling and installa-tion of all pre-cast products, the loading, unloading and handling of all materials, the changing and sharp-ening of all bits, heads and cutters, the operation of hoists, road headers, air tuggers and hydraulic jack-ing systems, the installation of temporary wiring, all signaling, caulking, mining, the operation of drilling machines, drilling and blasting, the laying of all pipe and conduit and other work. $e broader scope of the tunnel jurisdiction covered under this Agreement is further identi#ed in the tunnel classi#cations as stated under Article 18 of this Agreement, whether in com-pressed air or free air or by soil solidi#cation methods or otherwise in rock or in so" ground and whether driven by liner plate, by shield, by mole or otherwise.

Such operations are hereina"er collectively referred to as “the trade”.

$e employer recognizes that the Union has acquired jurisdiction of the tunnel work described above and agrees that it will not assist or abet vio-lations of such acquired jurisdiction in the hiring of employees or in the continuation of employment of employees performing such work.

Any work jurisdiction now exercised by Heavy and General Laborers’ Locals 472 and 172 of the Laborers’ International Union of North America shall be recognized by the Utility and Transportation Con-tractors Association and the Associated Construction Contractors of New Jersey.

3. Territorial Jurisdiction $is Agreement de#nes the territory of Heavy and General Laborers’ Locals 472 and 172 as follows:

Local No. 472 covers Hudson, Bergen, Passaic, Morris, Warren, Essex, Union, Middlesex, Hunterdon, Sussex, Somerset, and Monmouth Counties.

Local No. 172 covers Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem Counties.

4. Jurisdictional Disputes In the event of a jurisdictional dispute arising under this Agreement, there shall be no work stoppage, picketing or slowdown.

It being the intention of the parties hereto to protect the working conditions and standards established by the parties and to preserve the job and work oppor-tunities for employees covered by this Agreement, the Employer shall not assign any of the aforementioned work to employees who are not covered by this Agree-ment. Any such assignment of work to employees, other than employees covered by this Agreement, or any violation of Article 14 of this Agreement shall be considered a grievance which may be submitted by the Union to #nal and binding arbitration by any arbitrator selected from a list of six (6) arbitrators established by mutual agreement of the Union and Employer within thirty (30) days of the signing of the Agreement by the Union and Employer. $e six (6) arbitrators shall be selected from such arbitrators provided by the New Jersey State Board of Mediation within thirty (30) days of the signing of this Agreement. In the event the par-ties have failed to make such selection, then the Union and particular employer against whom the grievance has been #led shall select an arbitrator from a list sup-plied by the New Jersey State Board of Mediation in accordance with rules and regulations of such Board for expedited arbitrations. $e hearing shall be held promptly and in no event more than seven (7) days a"er the selection or appointment, as the case may be, of the Arbitrator.

$e Employer agrees that he shall not be a party to the National Joint Board for the Settlement of Jurisdictional Disputes, or its successor, nor shall he submit any work dispute to said Board. In the event the Employer vi-olates this paragraph of the Agreement, the Union, without notice to the Employer, may apply to any court having jurisdiction or to any arbitrator on the O%cial Arbitrator List of the New Jersey State Board of Mediation for an order requiring the Employer to cease and desist from being a party to, or submitting to, the Joint Board. In the event the Employer has already noti#ed, or submitted to, the Joint Board, the order shall require the Employer to withdraw the noti#cation or submission. $e Employer shall be liable for all losses incurred or damages sustained by any person as a result of any submission or noti#-cation to or participation in the Joint Board.

5. Hiring It is the intention of the parties that this Agreement shall constitute a non-exclusive hiring hall arrangement, but the Union shall be given equal opportunity with other sources to supply on a nondiscriminatory basis the Employer’s requirements for quali#ed employees, subject, however, to Article 5A below.

$ere shall be no unlawful discrimination by the Employer or the Unions with respect to the hiring, ten-ure, or discharge of any workman or the referral of any person for employment and shall not be based on, or in any way a!ected by Union membership, bylaws, rules, regulations, constitutional provisions or any other as-pect or obligation of Union membership, policies or requirements, and any requirements as to membership or non-membership in any Union shall be in accordance with the National Labor Relations Act of 1947, as amended.

When an Employer hires men1 from sources other than the Union, a party to this Agreement, the Union shall be noti#ed by the Employer giving the name, ad-dress, and classi#cation of the men hired, within three

(3) days from the date of employment. Failure by an Employer to notify the Union headquarters within said three (3) days shall constitute a violation of this Agreement and shall be cause for the employees of such Employer to strike.

$e Employer retains the right to reject any job applicant referred by the Union.

No applicant for employment, or employee cov-ered by this Agreement shall be discriminated against

1WHENEVER THE TERM “MAN” OR “MEN” IS

USED HEREIN, EITHER ALONE OR AS A JOB

DESCRIPTION SUCH AS “FOREMAN/FOREMEN”

OR “MAINTENANCE MAN OR MEN” THE SAME

SHALL BE CONSTRUED FOR ALL PURPOSES TO

IDENTIFY LABORERS WITHOUT REGARD TO

GENDER.

by reason of race, religion, color, place of origin, age, sex, or sexual orientation and the parties hereto agree to comply with any and all state and federal laws, rules and regulations promulgated pursuant thereto, guaran-teeing civil rights and equal employment opportunity to all persons. $is clause is especially cognizant of the responsibilities under Executive Order 11246 and any order or regulations promulgated subsequent thereto.

$e Associations and the Union will work together to develop language establishing a web-based program listing certi#cations and training of employees which can be accessed by contractors.

5A. Apprenticeship $e Union and Employer Associations have estab-lished the Construction Cra" Laborers’ Apprenticeship Program (CCLAP). New applicants for employment who are not members of the Union shall within #ve business days provide the Apprentice Coordinator, with reasonable proof that they have 4,000 hours or more ex-perience as Construction Cra" Laborers. $ose appli-cants who cannot demonstrate 4,000 or more hours of experience as Construction Cra" Laborers shall with-in #ve (5) business days apply to the Apprenticeship Program. Any applicant rejected by the Program, or who fails to complete his or her application or other Program requirements for acceptance, or if accepted, fails to maintain or complete his or her Apprenticeship, shall be terminated by the Employer upon notice of the same by the Apprenticeship Coordinator. If at any time the employer’s workforce covered under this Agreement does not conform to or meet the ratio which may be established in the Apprentice standard except those instances where an excess of apprentices are em-ployed, it shall not be a violation of this Agreement nor shall it be a matter to be remedied by either party or any participant covered by this Agreement under Article 17 of the Grievance and Arbitration procedure.

(1) $e Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training are hereby incorporated by reference as a part of this Agreement.

(2) Apprentice Wage Rate Schedule $e Apprentice program consists of a 4,000 hour training cycle. $e Apprentice wage rate for each period of the apprenticeship is expressed as a percentage of the skilled Construction Cra" Laborer journeyworker rate speci#ed in the collective bargaining agreement. $e Employer may pay a higher rate at its option. However, the Apprentice must meet his or her commitments to the Joint Apprenticeship Committee regardless of the level being paid.

$e schedule that follows provides for four equal periods of approximately 1,000 hours of work and training each.

First period at 60% of the lowest journeyworker rate; Second period at 70% of the lowest journeyworker rate; $ird period at 80% of the lowest journeyworker rate; Fourth period at 90% of the lowest journey-worker rate.

(3) Apprentice Fringe Bene!t Schedule $e employer shall contribute to all of the bene#t funds provided for under this Agreement with the ex-ception of the Annuity Fund and the Vacation Fund.

However, the Employer may contribute to the full complement of fringe bene#t funds established under this Agreement.

(4) Entry into the apprenticeship program shall be controlled by the JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one hours-of-credit and wage rate category to another only upon determination of satisfactory performance by the JATC.

(5) $e Employer shall participate in the appren-ticeship program by accepting apprentices for employ-ment upon referral by the Union. $e Employer is not obligated to accept more than one (1) Apprentice for every three (3) Journey Workers.

(6) An Apprentice should, whenever possible, be rotated by the Employer through di!erent types of work so as to become trained in a variety of opera-tions and work skills. Where the Employer is unable to provide an Apprentice with experience in the full range of cra" skills, the JATC may request the Local Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the apprentice from job to job but shall notify the Local Union and JATC of all reassignments.

(7) An Apprentice shall not work on the jobsite unless supervised by a Journey worker.

(8) An Apprentice shall not be penalized for taking o! from work to attend o!site training (though time o! for training is unpaid).

5B. Maintenance of a Drug Free Workplace It is the intention of the parties to this Agreement to provide a drug free workplace and to establish guidelines to accomplish it, which may include pre-hire testing and post accident testing, along with other provisions that would be mutually agreed upon by both Union and Association, details of which will be established by a joint committee of Union and Association. It is understood that the provisions outlined by this Article and the procedures es-tablished by the Committee are applicable only insofar as they are legally determined to be a proper matter for collective bargaining.

$e Union hereby agrees that, where an Employer or Owner mandates a COVID-19 vaccination as a condition for any and all of its employees and/or independent contractors accessing a proj-ect site, the Employer is permitted to require that Employees cov-ered by this Agreement receive (or have received) a COVID-19 vaccination as a condition of employment on said project, provid-ed that the Employee is eligible for, and has reasonable access to available vaccine. Any such requirement and/or vaccination pol-icy shall be administered in accordance with all applicable laws, including, without limitation, requirements to provide reasonable accommodations for medical disabilities (under the Americans with Disabilities Act) and sincerely held religious beliefs (under Title VII of the Civil Rights Act of 1964). $e Union agrees that, if a reasonable accommodation cannot be granted without undue hardship to the Employer, an Employee may be discharged or re-jected if said Employee refuses to, or cannot, receive a COVID-19 vaccination. Provided however that the Employer and/or Owner, as the case may be, accept sole responsibility for any individual Employee’s claim or governmental agency claim that such manda-tory vaccination violates applicable law.

6. Union Security Employees of the Employer who are members of the Union in good standing on the execution date of this Agreement shall remain members in good stand-ing as a condition of employment. $ose who are not members on the execution date shall apply to become members seven days following the execution date. All employees covered by this Agreement hired on or a"er the execution date shall apply to become members of the union seven days following the beginning of their employment or the execution date, whichever is later, and shall remain members as a condition of employment.

All working foremen shall be or become members of the Union in accordance with this Article.

7. Pre-Job Conference In order to minimize site problems, a pre-job conference will be held between the Employer and the Union on projects where the job cost is $10,000,000 or more unless requested by the Union. $e Employer shall give notice to the Union of such job and the parties shall agree to a mutually acceptable time and place for the pre-job conference.

8. Unemployment Compensation $e Employer shall immediately, upon the com-mencement of a job, elect to become covered under the terms of New Jersey Revised Statutes 43:21-8 (c) (Unemployment Compensation Coverage Laws).

$e Employer will immediately obtain the necessary forms for electing to cover his workers represented by the Union under the terms of the aforesaid Act. $e Union will provide the consent of its members who are employees of the Employer. Failure to so elect and comply under the above revised statute shall constitute a breach of the contract and the Union will reserve the right to withdraw its members from employment upon the occurrence of the breach.

9. Job Stewards $e Union shall select a Job Steward for each par-ticular job from any source and he shall be the last man laid o! at the particular job. In the event the Steward is selected from a source other than the Employer’s work complement he shall be a working employee who shall be competent to perform laborers’ work. When a shop steward serves as the Tra%c Control Coordinator, he shall be paid at the contract Rate of pay plus the additional premium of $.75 per hour. On all Main-line Transmission work, (not including Distribution work), a Job Steward shall receive an additional $3.00 per hour or equivalent to the National Pipeline Labor Agreement (NPLA) and truck per diem of $65.00 per day, or a company vehicle shall be provided.

$e Employer recognizes the right of the Union to appoint one of its members to act as Job Steward in all instances where laborers are employed regardless of how many jobs an Employer may have.

$e Job Steward shall see that the provisions of this Agreement are being complied with and shall try to adjust minor disputes. He shall be given su%cient time to perform his duties and shall not be discrimi-nated against for doing so. He shall make out weekly steward reports to his Local Union, and shall report all grievances to the Union Business Representative.

To carry out these duties the Job Steward is to be on the job at all times when any laborers are working or laborers’ work is being done, including overtime, and until the job is completed. He shall be the last laborer on the job, unless he is not competent in the performance of his assigned work. In such event, he shall be replaced by another laborer appointed by the Union Business Manager.

$e Union Business Manager reserves the right to remove and/or replace the Job Steward at any time he sees #t. $e Job Steward may not be laid o! without noti- #cation to the Union Business Manager. $e terms “Job Steward(s)” and “Shop Steward(s)” are synonymous with each other and all other references within this agreement shall be construed to this understanding.

10. Union Visitation Rights $e Union’s representative shall be allowed to visit the job sites during working hours to confer with repre-sentatives of the Employer and workmen, but they shall not interfere with or hinder the progress of the work.

11. Picket Line It shall not be a violation of this Agreement, and it shall not be a cause for discharge or disciplinary action in the event an employee refuses to enter upon any prop-erty involved in a lawful primary labor dispute, or refuses to go through or work behind any lawful primary picket line, including the lawful primary picket line of Unions party to this Agreement, and including lawful primary picket lines at the Employer’s place of business.

It shall not be a violation of this Agreement and it shall not be a cause for discharge or disciplinary action if any employee refuses to perform any service which his employer undertakes to perform as an ally of an Employer or person whose employees are on strike and which service, but for such strike, would be performed by the employees of the Employer or person on strike.

$e foregoing shall be operative only to the extent permitted by law. Nothing therein contained is intended to be a contract or agreement, expressed or implied, which in any manner violates any federal or state law as presently enacted or as amended or interpreted during the term of this Agreement.

In any event, however, to the extent that this Article shall be determined by a court or agency of competent jurisdiction in any manner to violate federal or state law as presently enacted or as amended or interpreted during the term of this Agreement, this Article shall be inoperative and void but any other provisions of this Article not determined to violate any laws, shall remain in full force and e!ect.

12. Work Performance $e Employer shall be sole judge as to work performed and whether or not the work is performed satisfactorily by the workmen. $e Employer shall have the right to discharge any unsatisfactory work-men, regardless of classi#cation.

13. Featherbedding Neither the Union nor any agent, representative, or member shall insist that the jobs be over-manned and the Employer shall be sole judge of the job require-ments.

14. Subcontractors

a) A subcontractor is de#ned as any person, #rm or corporation who agrees with any Employer, or with a subcontractor of an Employer, to perform any part or portion of the work covered by this Agreement or the Manual of Jurisdiction.

b) It being the intention of the parties hereto to pro-tect the working conditions and standards established by the parties hereto under this Agreement, and to preserve the job and work opportunities of the employ-ees covered by this Agreement, if an Employer bound by this Agreement contracts or subcontracts any work covered by this Agreement to be done at the site of con-struction to any subcontractor who is not signatory to the Agreement, the Employer shall require such sub-contractor to be bound to an Agreement with the Union for the duration of his project only. Such subcontractor shall adhere strictly to the economic standards (i.e., wages, hours, fringe bene#t contributions and working conditions) contained in this Agreement.

c) $e Employer will give written notice to the Union of any subcontract involving the performance of work covered by this Agreement within #ve (5) business days of entering into such subcontract and shall specify the name and address of the subcontractor.

d) If any subcontractor shall become delinquent in the payment or meeting of the obligations set forth above, the Union shall give written notice thereof to the

Employer and subcontractor. Such notice shall be deliv-ered in accordance with Article 42 and shall specify the nature and amount of such delinquencies. More than one such notice may be given with respect to delinquencies.

e) In the event the Employer violates any condi-tions of this Article, the violations shall be considered a grievance and may be submitted to arbitration in ac-cordance with the grievance and arbitration provision of the Agreement for appropriate relief under Article 4 or, in the case of disputes involving fund contribu-tions, under the arbitration provisions of Article 42.

15. Safety Codes $e Employer agrees to abide by the Safety Codes, and rules and regulations of the Safety Codes of the State of New Jersey and the Federal Government. Any inju-ry to an employee resulting from the Employer’s failure to comply with any state or federal law or regulation or municipal ordinance relating to requirements on any job for the safety and protection of the employees shall be the sole responsibility of said Employer.

16. Work and Protective Clothing $e Employer is to furnish all P.P.E., Fire Retardant Suits, where applicable, and suitable working clothes for rainy weather, provide sanitary rain gear before it is transferred to another employee, and provide sanitary water containers on the job with ice and cups when climatic conditions require.

$e Employer shall also provide appropriate gear and clothing to employees during any inclement weather or as the circumstances may warrant. Appro-priate cleanup and dress up accommodations shall be provided for employees covered under this Agreement unless the job is spread out or of short duration. Addi-tional sets of such gear and clothing shall be provided upon return of the set originally issued.

17. Grievance and Arbitration Procedure Any dispute concerning the interpretation, con-struction or application of this Agreement, including disputes concerning whether the discharge, termination or discipline of any employee was for just cause, shall be considered a grievance. $e Employer and the Union #rst shall attempt to informally resolve any such grievance by a Joint Committee, if requested by either party. $e Joint Committee shall consist of two Union representa-tives and two Employer representatives. Failing amicable adjustment, either party may submit the grievance to the New Jersey State Board of Mediation for #nal and binding arbitration. Only the Union and the Employer shall have the right to submit a grievance to arbitration. Should a grievance arise on the designation of a Job Steward, the Union shall have the right to pursue arbitration expeditiously.

$e arbitrator shall have the right to order any appropriate remedy for any losses incurred by any la-borer, Fund, Union or Employer for violation of this Agreement. However, anything to the contrary in the Agreement notwithstanding, only the Union, the

Fund’s Trustees or the Employer shall have the right to submit any grievance to arbitration. Any dispute in connection with the substantive or procedural arbitra-bility of a matter shall be resolved by the arbitrator.

Except as provided for in Article 42, the Employer and Union shall bear their own cost and expenses of the arbitration, and the Arbitrator’s fees and costs shall be borne equally by the Employer and Union.

It is hereby agreed and understood that until #nal decision has been rendered as above provided there shall be no lockouts of any sort by the Employer nor shall there be any strike or stoppage of work of any sort by the Union or their members, except for reasons spe-ci#cally set forth in other provisions of this Agreement, and all grievances or complaints of any sort that may arise from either party over the interpretation or appli-cation of the terms of this Agreement are to be submit-ted as hereinabove set forth.

It is agreed that if the Employer fails to pay wages as agreed upon herein, or fails to comply with the pro-visions of Article 5 or 14 of this Agreement, or fails to pay holiday time, or to submit reports and proper con-tributions to the Welfare, Pension, the Safety, Education, and Training, Annuity Fund, Vacation, L.E.C.E.T., N.J.S.L.H. & S.T.F., or Industry Advancement Funds, as required herein or fails to require employees to maintain Union security, as provided herein, or fails or refuses to allow an inspection of payroll, employment and related records of employees as permitted by Arti-cles 33 and 34 of the Agreement, then any such failure shall be deemed an “open breach” of this Agreement, not requiring arbitration and the Union shall have the right to picket or to call a strike or work stoppage until the “breach” is corrected.

In the event the Union conducts a work stoppage for any of the reasons permitted by the Article, the Employer shall reimburse employees for all wages and fringe bene#ts lost as a result of the workstoppage for the #rst day of the stoppage.