OE_Local_825_CBA-_2023-26.pdf

Agreement hereinafter referred to as the “Employer,” and the International Union of Operating Engineers, Local Union 825, 825A, 825B, 825C, 825D, 825R, & 825RH, hereinafter referred to as the “Union”.

This Agreement shall bind all Subcontractors while working for an Employer at the jobsite who is a party to this Agreement.

Any Employer who sublets any of his work must sublet the same, subject to all the terms and conditions of this Agreement.

The Employer agrees that he will not Subcontract any of his work at the jobsite, which is covered by the terms of this Col-lective Bargaining Agreement, to any Subcontractor, unless said Subcontractor agrees in writing to perform said work sub-ject to all terms and conditions of this Agreement between the Employer and the Union, including an Agreement to submit work jurisdictional disputes for determination as provided below.

The parties hereto agree to make all assignments of work covered by this Collective Bargaining Agreement to the Em-ployees covered hereunder. In making the assignment of work, the Employer shall make said assignment in accordance with Agreements of record. Where, however, there are no agree-ments of record, as described above, relative to jurisdictional work disputes and a jurisdictional work dispute arises wherein this Union is involved with any other craft and any Employer or such Employer's Subcontractor, the Employer or Subcon-tractor involved shall assign the work in accordance with es-tablished trade practice in the industry and prevailing practice within the territorial jurisdiction covered by this Agreement.

All jurisdictional questions between or among the parties to this agreement will be settled in accordance with the procedural rules and regulations of the Plan for the Settlement of Jurisdic-tional Disputes in the Construction Industry, effective June 1, 1984 or any successor plan adopted by the NABTU.

All other assignments of work not specifically covered herein shall be made in accordance with Article IX, Section 1

(b) of the procedures set forth in the Green Book or any official publication of the Plan for the Settlement of Jurisdictional Dis-putes in the Construction Industry.

Where a jurisdictional work dispute arises, any party feeling aggrieved may file with the Plan for the Settlement of Jurisdic-tional Disputes in the Construction Industry for a job decision, which decision shall be binding on all parties involved.

In the event the Employer does not comply with these pro-visions, it shall be considered a breach of this Collective Bar-gaining Agreement and the Union shall have the option to call for a work stoppage, when not prohibited by law.

The Employer recognizes the Union as the sole exclusive bargaining agent for all the Employees engaged in the operation of power equipment as herein specified, used in the construc-tion, alteration and repair of buildings, structures, bridges, bridge approaches, viaducts, shafts, tunnels, subways, founda-tions, streets, highways, sewers, sewage disposal plants, This AGREEMENT entered into by and between filtering plants, incinerators, piers, docks, dams, dredging, port works, river and harbor improvements, pipelines, pipeline water crossings, temporary pipe fittings, sinking of wellpoints, all piping in connection with wellpoints, burning and welding, installing, repairing and maintaining of all equipment, fitting up, dismantling, repairing and maintaining and operating of machinery when done on the job, and such other work as by custom has been performed by workmen in the fields of con-struction outlined in Article I, under the supervision of the Lead Engineer or Foreman Engineer and line and grade work with topological field parties under the direction of a Party Chief.

A. Excluding warranty work on new equipment done by Man-ufacturers Equipment Shops under contract to this Local Union, under the supervision of the Lead Engineer.

This Agreement shall govern rates of pay, hours and work-ing conditions on all phases of construction work indicated herein within the State of New Jersey. To the extent that the un-dersigned Employer is engaged in the performance of work of a type covered by this Agreement in the State of New York, it is agreed that the Employer shall abide by all the terms and conditions of the current agreement (Independent), which has been negotiated and established with this Local Union in Delaware, Ulster, Orange, Sullivan and Rockland Counties of New York.

ARTICLE I

A. HIGHWAY, ROAD, STREET AND SEWER

CONSTRUCTION AND GRADING AND PAVING

WORK (OTHER THAN BI-STATE PROJECTS)

Defined as all phases of work pertaining thereto, including overpasses, underpasses, bridges, except pile driving, bridge alterations, sewer and water pipelines, or any other pipeline work, oilostatic high voltage underground cable lines and trans-portation mainline pipelines, duct lines, street grading, drainage curb setting, sidewalks, grade separations, land improvement, site clearing, grading and paving, resurfacing and repaving (ex-cept bi-state pipelines, water crossing, bridges and tunnels). It is understood and agreed that any excavation, embankment, grading, paving and drainage around and adjacent to all bridge structures shall be included in this category.

B. HEAVY CONSTRUCTION WORK

Heavy Construction is defined as: construction and alter-ation of Oil Refineries, Power Plants (including wind, solar or wave power), Chemical Plants, Sewage Disposal Plants, Fil-tering Plants, Incinerators, Atomic Energy Plants, Missile Bases, all work performed under compressed air, airports, foun-dations, pile driving, piers, abutments, retaining walls, viaducts, water crossings pertaining to pipe line work, shafts, tunnels, subways, track elevations, elevated highways, resurfacing work on bi-state bridges and tunnels, reclamation projects, sanitation projects, aqueducts, irrigation projects, water power develop-ment, hydroelectric development, transmission lines, locks, dams, dikes, docks, levees, revetments, channels, channel cut-offs, intakes, dredging projects, jetties, breakwaters, harbors, ARTICLE I (continued) off-shore terminals, power plants and other installations, exca-vation and disposal of earth, garbage and rock projects in con-nection with the above, and any other bridges and drainage structures including the assembly, operation and maintenance and repair of all equipment, vehicles and other facilities used in connection with and serving the aforementioned work and services.

C. BUILDING CONSTRUCTION WORK

Building Construction is defined as construction of building structures, including modifications thereof, or additions or re-pair thereto, intended for use for shelter, protection, comfort or convenience. Building construction shall include the demoli-tion of and excavation and foundations for building construc-tion.

D. OILOSTATIC CABLES AND TRANSPORTATION

MAINLINE PIPE LINES (Including Testing) Oilostatic high voltage underground cables and transporta-tion mainline pipe lines are defined as all phases of work per-taining to oilostatic high voltage underground cable lines and transportation mainline pipe lines, the construction, installa-tions, treating, reconditioning, testing, taking-up, re-laying or relocation of cross-country pipe lines, or any segments thereof transporting coal, gas, oil, water, or other transportable materi-als, vapors or liquids including portions or such pipe lines within private property boundaries, up to the first metering sta-tion or connection, as well as gathering lines which connect di-rectly from the wells to the mainline pipe lines and gathering lines to or from gasoline extraction and gas dehydration plants and water flood lines up to the first metering station or connec-tion are likewise included.

The phrase, “first metering station or connection,” means that point which divides mainline transmission lines or higher-pressure lateral and branch lines from lower pressure distribu-tion systems. If a metering station or connection is located on a mainline transmission line, then the work covered by this Agreement includes the construction of all pipe lines up to the point at which lower pressure distribution systems take off from higher pressure lateral and branch lines.

E. SEWER CONSTRUCTION WORK

Sewer Construction is defined as construction, repair and alteration of storm sewers, sanitary sewers, combined storm sewers, sanitary sewers, telephone, gas, electric, fiber optics, (excluding drainage systems and telephone, gas, and electric and fiber optic lines that are part of overall road, street and highway construction, or heavy construction or building work) and pump station. Outfalls are considered heavy construction work.

F. TANK ERECTORS, DOCK BUILDERS AND STEEL

ERECTORS’ AGREEMENTS (Where working with Ironworkers, Boilermakers or Dockbuilders) It is mutually agreed that where work performed is covered by the Tank Erectors, Dock Builders and Steel Erectors’ Agree-ments, the rates of the appropriate agreement will govern and apply.

Tank Erectors and Dock Builders will notify the Union five

(5) work days prior to the start up of any job within the juris-diction of this Local Union.

Where Employees covered hereunder are working with any other craft using or handling “iron” or “steel” materials or com-ponents used in construction, the rates of the Structural Steel Agreement shall apply. The work of unloading “iron” or “steel” to be used in construction shall be done by the Employees cov-ered hereunder.

G. ALL PROJECTS UNDER $40,000,000

In the employment of workmen covered by this Agreement, the following provisions shall govern:

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The Employer shall have the exclusive right to determine the manning requirements of all equipment and the assignment of Employees, consistent with provisions of this Agreement.

Any machine subject to a second operator or maintenance man shall be the subject of a pre bid conference.

An Employee may be required to operate more than one (1) piece of equipment during the same working day. Said Em-ployee may be moved from one machine to another, as di-rected by the Employer, without limitation as to the number of such moves on one job. The Employee shall be paid for the day at the rate of the highest wage classification of the machines so operated, as herein specified.

Starting and stopping of compressors, pumps, generators, etc., shall be performed by an Operating Engineer Employee, so designated by the Employer.

The number of Field Operating Engineers to be hired for lay-out work for each job shall be determined jointly with the Employer and the Union. Where a laser beam is used instead of a batter board, no Field Engineers will be required. The Laser will be set up by an Operating Engineer working on the job.

ARTICLE II

HIRING HALL PROCEDURE

The Union shall establish and maintain an open employment list for the employment of workmen. Such list shall be es-tablished and maintained on a non-discriminatory basis, without regard to race, color, religion, sex or national origin, and shall not be based on, or in any way affected by union membership, by-laws, rules, regulations, constitutional pro-visions, or any other aspect or obligation or union member-ship, policies or requirements.

Whenever desiring to employ workmen, the Employer shall call upon the Union for any workmen as the Employer may, from time to time need, and the Union shall refer such work-men from the open employment list. The Employer shall give the Union twenty-four (24) hours notice when requiring the services of a workman covered hereunder, said notice time to be exclusive of Saturday, Sunday and Holidays.

a) In notifying the Union of its need for workers, the

Employer shall specify to the Union: (1) the number of workers required, (2) the location of the project,

(3) the nature and type of construction involved, (4) the work to be performed, and (5) such other infor-mation as may be necessary to enable the Union to make proper referral of applicants.

ARTICLE Il (continued) b)

The Employer shall retain the absolute and unconditional right to reject any workman referred by the Union not pos-sessing the requisite work qualifications, or special skills and abilities, since the Union is not to be deemed to guarantee the same. However, in no case shall a referred workman berejected without just cause. Any workman who is rejected by the Employer with just cause, shall be restored to his place on the list. The employer shall document the cause in writ-ing.

All members and registrants on hiring hall list must person-ally register and be properly identified and photographed.

Recognizing that many older workers are restricted in the operation of heavy construction equipment by reason of tech-nical advances and/or physical handicaps which do not, how-ever, prevent them performing usefully and well, certain functions of the Operating Engineers’ craft, and with a view towards maintaining a source of employment for persons falling in this category, the hiring hall will maintain a “Lim-ited Preferred Status List,” from which dispatch will be made for maintenance and operation of welding machines, com-pressors, elevators, house cars, generators, pumps, temporary heating equipment, conveyors and tuggers.

In order to qualify for referral from this list, the following criteria must be met:

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When an Employer states requirements for special skills or abilities in his request for Employees, the Union shall refer the first applicant on the register possessing such skills and abilities.

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The member or registrant must voluntarily submit his name for inclusion on the list for a minimum period of six

(6) months and during this time will not be eligible for re-ferrals except as to equipment under the “Limited Pre-ferred Status List”.

The member or registrant on the “Limited Preferred Status List” must be at least fifty-five (55) years of age and have had twenty years of experience in the industry as evi-denced by his continuing availability on the Hiring Hall list, or in lieu thereof.

A person on the “Limited Preferred Status List” must have a bonafide physical handicap with proof thereof being submitted to the satisfaction of the Executive Board of Local Union 825, which handicap would unduly restrict his capacity to operate equipment other than that on the “Limited Preferred Status List”.

In view of the restriction on employment of those on the “Limited Preferred Status List” to the equipment specified herein, contractors may not request an Employee by name on this list.

In the event that the “Limited Preferred Status List” is ex-hausted and no one is available therefrom for employ-ment, a registrant or member from the general hiring hall list may be referred to a job normally filled by a person from the “Limited Preferred Status List”

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When a man is referred from the hiring hall for employ-ment, he shall continue to retain his position at the top of the hiring hall list, until he has completed one hundred twenty (120) hours of employment, after which time his name shall be re-registered in proper position as of the date of notification to the hiring hall of his availability.

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In order that the hiring hall list may correctly reflect the availability of registrants, each member must review his reg-istered skills once per year with a hiring hall dispatcher.

Registration cards will contain information as to the equip-ment that the registrant can operate and his experience in such operation. If a workman has two (2) or more docu-mented discharges by employers alleging an inability to op-erate the equipment, he shall: 1) be removed from the employment list, 2) report to the local union training site for a skills evaluation and/or appear at the next regularly sched-uled meeting of the hiring hall review board, 3) re-register his name on the employment list in person with the dis-patcher. Thereafter, if the workman receives one additional documented discharge by an employer for an inability to op-erate equipment the workman shall automatically be barred from the open employment list.

The dispatcher in making referrals from the hiring hall, based in part on an Employer’s request to reemploy a man who is available and who has had “previous employment,” shall not consider employment as “previous”, unless it was within the preceding one year from the date of request or two years if the workman has a total of 1000 hours or more with the re-questing employer in the two years prior to the date of re-quest.

Unless otherwise provided by the Collective Bargaining Agreement with the Local Union, no person dispatched from the hiring hall will operate any machine or equipment other than those to which he was originally assigned to on referral, without approval of the hiring hall.

When the machine or equipment to which a man was re-ferred is moved to a different job or shut down, the operator must notify the hiring hall.

No person selected for referral from the hiring hall will be allowed to refuse a job without just cause. Three instances of a refusal without just cause and/or no response to the hir-ing hall shall remove the workman from the hiring hall list.

He may thereafter register again being added to the bottom of the list. No response is defined as not returning the phone call of the dispatcher within twenty-four (24) hours exclusive of Saturday, Sunday or Holiday.

The Employers and Union agree that chronic or unexcused lateness and absenteeism is undesirable and must be pro-tected against.

For this reason:

Any member or registrant receiving a documented dis-charge from an employer for failing to report to work on time shall automatically be suspended from the open employment list until he or she personally re-registers on the open em-ployment list.

Any member or registrant who fails a second time to re-port to work on time shall automatically be suspended from the open employment list until he or she pays a $50.00 as-sessment, personally re-registers on the open employment list and completes the pre-employment testing procedures embodied in the Policy and Program concerning the use of and testing for Controlled Substances & Alcohol.

Any member or registrant who fails a third time to report to work on time shall automatically be suspended from the open employment list until he or she pays a $100.00 assess-ment, appears at the next regularly scheduled meeting of the

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ARTICLE Il (continued) hiring hall review board, personally re-registers on the open employment list, and completes the pre-employment testing procedures embodied in the Policy and Program concerning the use of and testing for Controlled Substances & Alcohol.

Any member or registrant who fails to report to work on time for a fourth time shall automatically be barred from open em-ployment list.

It shall be privilege of members and registrants to place their names on any one, or all, of the hiring hall lists maintained at the various Union offices throughout the jurisdiction of Local 825.

Upon request of a member or registrant, the hiring hall dis-patcher shall inform him of his present position on the hiring hall referral list. If the member or registrant believes that his placement on the list is improper and discriminates against him with reference to a possible job referral, he shall have the right to review his position on the list. If the member or registrant continues to believe his placement on the list was improper or discriminatory he may file a claim pursuant to Section 15, of these rules.

Any member or registrant on the employment list who makes written claim that he has been discriminated against in violation of his rights under the Labor Management Relations Act of 1947, as amended, by exclusion from a job referral, shall have the right to an immediate appeal to a Joint Board consisting of two (2) members of the Union and two (2) representatives of the Employer, who shall be respectively designated upon the signing of the Collective Bargaining Agreement. Voting by members of the Joint Board shall be on a unit basis. In case the Joint Board fails to reach a unanimous decision, the claim shall be submitted expeditiously to an impartial umpire, to be agreed upon by the Joint Board, herein created, whose decision shall be binding and conclusive.

The cost and expense of establishing and maintaining the open list and of referrals therefrom, shall be borne by all of the reg-istrants thereon. In the case of registrants, who are not members of the Union, their share of such costs and expenses shall not exceed the sum equal to the pro-rata share of the cost and ex-penses of operating the employment list and the referrals there-from, which is being borne by the members of the Union from the payment of Union dues. After seven (7) days from the date of this Agreement or of the date of registry on the list, whichever is later, registrants shall incur the obligation of mak-ing quarterly payments of their share of such cost and expenses.

Failure of a registrant to make payment of such cost and ex-penses shall constitute grounds for removal from such list and shall nullify any prior referral therefrom.

All references in the foregoing Hiring Hall Rules, to the mas-culine gender, shall be deemed to include the feminine gender.

ARTICLE III

UNION SECURITY

All employees covered by this Agreement who are members of the Union on the effective date of this Agreement shall, as a condition of employment, maintain their membership in the Union. All employees who are not members of the Union, and all employees who are hired thereafter, shall become and re-main members of the Union as a condition of employment not later than the eighth (8th) day following the beginning of their

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employment, or the effective date of this Agreement, whichever is the later. The Contractor shall not retain in employment any person unless he is or becomes a member of the Union and, upon notification by the Union as set forth herein that any such employee is not a member in good standing, shall discharge such employee. Upon written notice by the Union given by certified mail return receipt requested that any employee has failed to become or remain a member in good standing, the Contractor shall suspend such employee for a twenty-four hour period to afford the employee the opportunity to obtain or re-gain good standing, failing with said employee will be dis-charged forthwith. In the event of any change in the law during the term of this Agreement, the Contractor agrees that the Union will be entitled to receive the maximum union security which may be lawfully permissible. Neither the Union nor the employee shall hold the Contractor liable for complying with the Union’s request in this matter.

ARTICLE IV

CONDITIONS OF EMPLOYMENT OF REGISTERED

INDENTURED APPRENTICES

A Registered Indentured Heavy Equipment Operator Appren-tice may be employed on any job that has a minimum of 10 pieces of grading, paving or excavating equipment or five (5) Operating Engineers on the job operating the same types of equipment and having additional pieces of similar type avail-able for the Apprentices to be assigned to.

An employer who does not have five operating engineers on one project yet employs twelve (12) or more operating engi-neers on all company projects covered by this agreement shall have at least one apprentice in his employ, if available.

A Registered Indentured Heavy Duty Machine Apprentice may be employed on any job that has a Journeyman Mechanic.

A Registered Indentured Field Engineer Apprentice may be employed on any job that has a Survey Crew.

However, the Employer may request a Registered Indentured

Apprentice, even though he does not meet these job require-ments, provided that the Joint Apprenticeship Training Com-mittee is satisfied with that proper training is available for the Registered Indentured Apprentice on the job site.

It will be the option of the contractor to select on the job equipment within the categories of the Registered Apprentice so as not to interfere with job continuity.

All on-the-job training will be the responsibility of the desig-nated Journeyman Engineer. A written progress report will be submitted at the end of each work week. This report will be signed by the Registered Apprentice, Contractor Representa-tive and designated Journeyman Engineer responsible for the on-the-job training. In addition a representative of the Joint Apprenticeship Training Committee will make an on-the-job inspection and interview once a month. A report of the progress will be submitted to both the Contractor and Joint Apprenticeship Committee.

The placement of the Registered Indentured Apprentice will be accomplished by a joint effort of Local 825, J.A.T.C. and the job contractor.

The Registered Indentured Apprentice shall be subject to all terms and conditions of this collective bargaining Agreement.

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ARTICLE IV (continued)

A Registered Indentured Heavy Equipment Operator Apprentice wage rate will be as follows:

1st year – 60% of the Journeyman’s wage for the piece of equipment he is operating 2nd year – 70% of the Journeyman’s wage for the piece of equipment he is operating 3rd year – 80% of the Journeyman’s wage for the piece of equipment he is operating 4th year – 90% of the Journeyman’s wage for the piece of equipment he is operating

A Registered Indentured Heavy Duty Mechanic Apprentice wage rate will be as follows:

1st year – 60% of the Journeyman Mechanic’s wage.

2nd year – 70% of the Journeyman Mechanic’s wage.

3rd year – 80% of the Journeyman Mechanic’s wage.

4th year – 90% of the Journeyman Mechanic’s wage.

A Registered Indentured Field Engineer Apprentice wage rate shall be as follows:

1st year – 60% of the Rod/Chairman’s wage.

2nd year –70% of the Rod/Chairman’s wage.

3rd year – 80% of the Rod/Chairman’s wage.

4th year – 90% of the Rod/Chairman’s wage.

All fringe benefit contributions shall be made as set forth in this Collective Bargaining Agreement.

ARTICLE V

HOURS OF WORK, WAGES AND

WORKING CONDITIONS THERETO

1.WORKING HOURS: There shall be a flexible starting time between 6:00 AM and 9:00 AM, by mutual agreement with the other crafts. An eight (8) hour shift is to be completed between the hours of 6:00 AM and 5:30 PM. There shall be a flexible lunch period of one-half hour between 11:00 AM and 1:00 PM.

All time worked prior to established start time and after reg-ular quitting time worked shall be paid for at the overtime rate applicable.

It is agreed that on tide work, the Contractor can start their job according to tide schedules providing the eight (8) hour shift is completed between the hours of 5:00 a.m. and 6:30 p.m.

On Highway, Road, Street and Sewer Construction, the Em-ployer shall designate the starting time for Employees hereun-der, at which time the pay shall commence including waiting time; and the eight (8) hours per day shall commence from the designated starting time.

Where the bid documents and/or Contract require the Em-ployer to work restricted hours or for any mutually agreed rea-son an Employer may work four (4) ten (10) hours days at the straight time rate during the week. In New York, the employer must provide the necessary dispensation form from the state and/or municipality. In the event of rain when the Employees are not allowed to start ten (10) hours at the straight time rate will be paid. If Friday is worked time and one-half (1 ½) will be paid for all hours.

On all types of Construction, for the convenience of the Employees and the Employer, the regularly designated starting time may be changed by mutual agreement with the Union, and the eight (8) hour day will commence at that time.

2. STRAIGHT TIME: Eight (8) hours per day, forty (40) hours per week: Monday to Friday inclusive, shall prevail ex-cept at start and finish of job when said Employees shall be paid on unit basis of an eight hour day unless otherwise speci-fied herein.

3. WAGES: Wages shall be paid in currency weekly on the job where men are employed on or before quitting time of Fri-day afternoon. If discharged for any reason during the week, the men shall be paid at once and are entitled to full wages until paid. Where proper arrangements cannot be made to pay in cur-rency, Employees may be paid by check subject to the approval of the Union. Upon layoff the employer have the option to overnight the employee’s check.

In addition, the employer may direct deposit the employee’s check to an account directed by the employee provided there is a mutually agreed pay day established and the direct deposit is agreed to by the employee.

For both overnighting the layoff check or the option of direct deposit, the employer agrees to a $500 a day fine, per day, if the check is not received or the funds are not transferred within 48 hours of the layoff or the end of the mutually agreed pay day as applicable. Additionally, the parties agreed to an expe-dited arbitration before the Honorable Dennis M. Cavanaugh (Ret’d), the permanent arbitrator, or Honorable Jose L. Linares (Ret’d), the alternate arbitrator, to settle any dispute regarding this process.

Any employee working under the terms and conditions of this Agreement is not entitled to paid sick leave established under a state statute, county, city or local ordinance.

When Employees are discharged or laid off, they shall be allowed one-half hour’s time to gather tools and other personal belongings and shall be paid in full all wages due them at the time of discharge, one-half hour before discharge. If Employees are required to work up to regular quitting time, they shall be paid one-half hour overtime at the overtime rate. If agreed upon by the union, the employer may overnight checks to employees affected by a lay off.

JOB CLASSIFICATIONS AND RATES OF WAGES

(Listed under Appendix A)

It is agreed that the rates of wages for all Employees covered by this Agreement are listed in the following schedules.

It is understood that the classifications listed in Appendix A, located after the signature page, are not all inclusive and ALL AND SIMILAR TYPES of equipment are included herein at applicable rates of pay by reference hereto in all types of construction.

Guaranteed forty (40) hour week. Eight hours per day, Mon-day to Friday inclusive, shall prevail except at start and finish of job when said Employees shall be paid on unit basis of an eight (8) hour day unless otherwise specified.

The Equipment Classification Schedule has been negotiated and is the Jurisdiction of the Operating Engineers.

For projects bid after April 1, 2020, on hazardous waste re-moval work of any kind, including a state or a federally desig-nated site, where an operating engineer is required to wear level A, B, or C personal protection, the operating engineer shall re-ceive an hourly wage rate of his regular hourly wage plus $5.00 per hour.

ARTICLE V (continued) An operating engineer working at a hazardous waste removal project or site at a task requiring hazardous waste related cer-tification, but who is not working in a zone requiring level A, B, or C personal protection, shall receive an hourly wage rate of his regular rate plus $1.00 per hour. This shall also apply to 100% federally funded projects or sites where the level D per-sonal protection is required. If at any time during the workday shift an operating engineer must wear Level A, B, or C protec-tion, the higher rate will prevail for all hours worked that shift notwithstanding the fact that only a portion of the shift may be spent in the higher zone. In the event the Employer requests an operating engineer with a hazardous waste certificate the Em-ployer shall pay the aforementioned differential, even if the project is considered to be a non-hazardous project.

The job Classifications listed in Appendix A includes the Hourly Rate and the Weekly Rate and are effective July 1, 2024.

4. OVERTIME: Time and one-half (1 ½) shall apply to hours worked after eight (8) hours per day and all hours worked on Saturday.

Except as follows:

(a) Time and one-half (1 ½) rate shall apply for all hours of overtime worked on water crossings pertaining to all bi-state pipeline work, bi-state tunnel and bi-state bridge construction, alteration or resurfacing work on bi-state projects.

All overtime will be paid at the time and one half (1 ½) rate Monday through Saturday. Double time (2) shall be paid for all work performed on Sundays and Holidays.

Where Saturdays, Sundays, or Holidays (or days celebrated as such) are worked, the Employees covered by this Agreement shall be paid on a unit basis of an eight (8) hour day at the spec-ified overtime rate.

5. HOLIDAYS: Recognized Holidays are: New Year’s Day, Washington’s Birthday (observed), Memorial Day, Independ-ence Day, Labor Day, Veteran’s Day (when all trades on a par-ticular jobsite agree, the day after Thanksgiving may be substituted for Veteran’s Day), Presidential Election Day, Thanksgiving Day, Christmas Day, or days celebrated as such.

Holidays falling on Saturday will be recognized as paid holi-days. When a Holiday falls on a Saturday, the Employer has the option to either, work Friday and pay Saturday as the holi-day, or not work Friday and pay for the day in lieu of the Hol-iday. Holidays falling on Sunday will be celebrated on Monday.

To be eligible for Holiday Pay, an Employee must work three (3) days of the preceding five (5) working days before the Holiday or the working day before the Holiday and the working day after the Holiday.

When an Employee is working (4) ten (10) hour shifts, and if the Holiday falls during the shift and is not worked, the em-ployee will be paid ten (10) hours.

6. SHIFT WORK: Any work started outside of the allowed starting time, 6:00 - 9:00 a.m., except for tidal work, shall be considered an irregular shift and paid at straight time, plus fif-teen percent (15%) for the first eight hours.

The percentage premium, when added to the base rate, shall be termed the regular hourly rate.

All time worked in excess of an established shift shall be paid at the applicable overtime rate.

When a portion of an established shift works into Saturday, Sunday or a Holiday, which time worked shall be paid at the established shift rate.

All shifts described above shall be established for a full week’s work and may apply to a crew of employees working at various sites during that period.

When the U.S. Department of Labor does not include the shift premium in the Davis Bacon prevailing wage rate sched-ule the shift work premium will be waived.

No employee shall work more than one shift in a 24-hour period.

Shift work shall be applied to any bi-state pipeline work or any bi-state bridge or tunnel construction, alteration, repair or resurfacing work on bi-state projects.

(a) In the event that an emergency arises on the job, such as pumping, etc., where services of engineers are required, all time prior to 8:00 AM and after 4:30 PM, shall be paid at the time and one-half rate.

7. TEMPORARY HEATING PLANTS/

UNITS; WELL-POINT SYSTEMS OR PUMPS:

Where temporary heating plant/unit (including propane, nat-ural gas, or flow type units), wellpoints or pumps are working four (4) shifts of six (6) hours each, seven (7) days per week, straight time will be paid for work Monday through Friday;

time and one-half (1 ½) for Saturday work, and double time for Sunday and Holiday work.

The Lead Engineer or Mechanic will cover the Electric Pumps on a Day Shift. If there is no Lead Engineer or Me-chanic, and Operating Engineer will man the Electric Pumps.

8. CALL OUT PAY: Any Employee ordered out of work by the Employer who is not permitted to work shall be paid eight

(8) straight time hours Monday through Friday. Any Employee ordered out of work by the Employer on a Saturday, and is sent home shall be paid four (4) straight time hours but if that Em-ployee is not permitted to work and is required by the Employer to remain on the job past the starting time, that Employee shall receive eight (8) hours pay at the prevailing overtime rate. Any Employee ordered out to work by the Employer on a Sunday and is sent home shall be paid eight (8) straight time hours but if that Employee is not permitted to work and is required to re-main on the job past the starting time, that Employee shall re-ceive eight (8) hours pay at the prevailing overtime rate. Any Employee ordered out to work by the Employer on a Holiday shall receive eight (8) hours pay plus Holiday pay [eight (8) hours].

9. TEMPORARY LAYOFF: Employees temporarily laid off and reemployed within three (3) days, on the same job, on the same unit of equipment, shall be paid for the day or days pre-ceding their re-employment. The unit of equipment operated by said Employee shall not be utilized (by any operator), on the same job during the intervening three (3) day period. Since temporary layoff applies only to the job where the Employee had been employed, any re-employment on a new or different job or unit of employment, whether within the same three (3) day period or not, would not come under the temporary layoff clause.

ARTICLE V (continued)

There shall be no temporary lay-off provisions from De-cember 1 – April 15, if an employer shuts down a project due to weather related conditions, provided that all engineers are offered employment on the same jobs. This provision extends through April for paving operations. The employer may overnight the check or may direct deposit the employee's check to an account directed by the employee within 48 hours

There will be no temporary lay-off provisions for all projects under $4,000,000. Temporary lay-off provisions may be waived by mutual agreement. Temporary layoff provisions will not apply to Back Dump Operators.

10. MIXERS AND HOISTS INCLUDING FORK LIFTS

AND ECONOMOBILE: Eight hours per day, forty hours per week: Monday through Friday inclusive, shall prevail except at start and finish of job when said Employees shall be paid on unit basis of an eight hour day unless otherwise specified herein.

11. SNOW REMOVAL: Shall be considered emergency work and be paid for at the straight time rate for the first eight

(8) hours and time and one-half (1 ½) after the first eight (8) hours, except Saturday, Sunday and Holidays to be premium time as per contract, Employees covered by this paragraph are guaranteed 8 hours pay minimum.

12. STEAM TIME: It is understood and agreed that Engi-neers, Apprentice Engineers or Firemen getting up steam before regular steam time, shall receive one hours’ pay at time and one-half rate.

13. STACKING OF FLOORS OR SCAFFOLDS: Engi-neers will not be allowed to stack scaffolds or floors with brick or other materials in quantities beyond that required for an 8 hour period, or in quantities that may lead to the laying off of an Engineer. Stacking work may start 10 minutes before the regular starting time and end 10 minutes before the regular quit-ting time. All other times required by these limitations shall be paid under the overtime basis applicable.

14. DAVIS-BACON ACT and area practice provisions must be complied with, including manning provisions (i.e., Mainte-nance Apprentices must be employed on all machines required by the Agreement).

15. DEWATERING SYSTEM: For the purpose of this Arti-cle, a Dewatering System is defined as a combination of one or more pumps of any type, size or motive power including but not limited to wellpoint, pumps, submersible pumps, well pumps, ejector or educator pumps in combination with wells, wellpoints, sumps, piping and/or other appurtenances, power by diesel, electric gasoline, gas or any other type of motive power to control water on any and all types of construction work.

A Dewatering System shall be operated by Employees here-under at all times that the Dewatering System is being operated.

Where more than one header is used with additional pumping facilities then a 2nd Engineer will be added to service this equipment.

ARTICLE VI

A. MANNING REQUIREMENTS ON OPERATIONS

COVERED IN THIS AGREEMENT

1. MIXERS:

(a) Where two small mixers of less than ½ cu. yd. ca-pacity without loading device attached are operated on a job on any one day, a Maintenance Engineer will be required to service and maintain all said mixers.

(b)Where a mixer of less than ½ cu. yd. capacity, without loading device attached thereto, and one or two small pumps are used on a job in any one day, the services of a Maintenance Engineer will be required to service and maintain them.

(c) An Engineer must be employed on each mixer having a capacity of ½ cu. yd. or more whether equipped with a loader device or not.

(d)When a mixer of less than ½ cu. yd. capacity operates in conjunction with a Hoist, or any type of Hoisting Equipment, including, Economobiles, Lulls, Hysters and Fork Lifts, add $10.00 per week for any part thereof.

2. MANNING REQUIREMENTS: An Assistant Engineer/Oiler or Maintenance Engineer shall be employed on all power cranes, Gantry cranes, shovels, Koehring “Scooper” (combination loader-shovel), locomotives, paving mixers, der-ricks, truck cranes, draglines, elevator graders, tree chopper with boom, truck mounted pavement breaker, down the hole drills, rotary drills, self-propelled hydraulic drills, self-powered drills, concrete pumping, pumpcrete and squeezecrete systems, large trenching machines, transfer or staging pumps and on any other machine where the services of said Assistant Engineer/Oiler or Maintenance Engineer are necessary; includ-ing carrying of gas. Assistant Engineer/Oiler will not be re-quired on any hydraulic backhoe, remote controlled gradalls, remote control post pounder and on all cranes one hundred

(100) tons and under according to Manufacturer’s rating. All moves to be made by an Operating Engineer.

Large Locomotives shall require a Maintenance Engineer in addition to an Operating Engineer.

Where a gas or diesel drive crane with a steam boiler, gaso-line or diesel driven compressor attached thereto furnishes power for any work other than the driving of piles, then an As-sistant Engineer/Oiler shall be employed in addition to two En-gineers.

(a) WORK RULES: Moves may be made on all loaders, dozers, graders, rollers, pavers, combination hoes and other miscellaneous equipment. The Operator will receive the highest wage rate classification of the machine so operated for the day.

(b) The Employer shall assign work on the basis of tradi-tional work jurisdiction lines. It is however, recognized that on some jobs effective production will require the use of compos-ite crews. When such circumstances exist and the other basic trade unions have agreed, by mutual agreement the employer shall decide the work involved and the make-up of the crews on the basis of the amount of work involved for each union for the performance of such work, all employees will perform the work they are assigned.

ARTICLE VI (continued)

(c) SAFETY: The undersigned collectively agrees that safety is a major commitment on all job sites. The employer is com-mitted to fully integrating health and safety in all work. The Employer affirms that no priorities shall be higher than health and safety and that its global health and safety policy requires the participation and involvement of everyone at all levels in the organization; and its objective is “zero tolerance” of acci-dents.

The Union agrees that its members will adhere to employer safety policies, programs and the Project Health and Safety Plan as applicable. The Union further agrees that its employees will operate machinery in a safe, alert and attentive manner.

3. BARGE EQUIPMENT: Manning requirements shall be based on manning practices on land for classifications of equip-ment included herein and manned by Employees covered here-under on new construction.

(a) Two (2) Engineers shall be employed to man a crawler or stiff leg derrick or whirley and any other equipment on the barge.

4. CONCRETE PLANTS: Operation, repair, maintenance and manning requirements of concrete plants will be estab-lished at a pre-bid conference.

5. TWO CONCRETE TOWERS or TWO BRICK HOISTS shall not be operated from one Hoisting engine. An engineer shall not be shifted from one Hoisting engine to an-other. When two Concrete Towers or Brick Hoists are being operated a Maintenance Engineer shall be required.

6. HELICOPTERS used on construction work as defined in Article I will require a Pilot Engineer, Co-Pilot and Communi-cations Engineer.

7. LA TOURNEAU TANDEM (THREE [3] SECTION)

SCRAPERS- and all similar type machines require two (2) Operating Engineers plus one (1) Maintenance Engineer.

8. MULTIPLE WELDING SYSTEM (Rectifier Transformer Type): One Engineer shall man rectifier having up to 100’ leads (inclusive) and one additional Engineer for each additional 100’ leads or fraction thereof.

9. PILE DRIVERS

1) On conventional Pile Drivers and Engineer and Oiler will be required.

2) With a compressor, generator, vibratory hammer, or diesel powered hammer attached to the machine or on the ground shall require two (2) Engineers at the A rate.

10. POWER PLANTS: Where the Employer obtains power from a permanent or temporary unit, i.e., steam, compressed air, hydraulic or other power, for the operating of any machine or automatic tools, or for the purposes of furnishing temporary heat for heating material or to buildings under course of con-struction or used in the construction of new buildings, addi-tions, alterations or repairs thereto; Employees covered hereunder shall man and operate such permanent or temporary unit from which source of power is supplied. In the event that the Employer is unable to arrange this, Engineers shall man all valves or other outlets of such source of power as is used by the Employer and shall be paid the rate of wages applicable to the classification of work in which he is employed.

11. ROAD GRADER-SPREADER-PAVER AUTOMATED

COMBINATION EQUIPMENT (CMI and similar types):

Each machine shall be operated by an Engineer and two (2) Maintenance Engineers shall be employed to service equipment train.

12. ON TEMPORARY HEAT (including propane, natural gas or flow type heaters) wellpoint systems or pumps the serv-ices of Employees covered by this Agreement will be required.

13. ALL TEMPORARY PIPE FITTING on Heavy Con-struction work and repairing and maintenance of equipment covered herein shall be done by a Maintenance Engineer under the guidance of the Lead Engineer.

14. TOWER TYPE AND CANTILEVER TYPE MA-

CHINES: Two (2) Operating Engineers shall be employed on all tower type and cantilever type machines and on all similar machines, on all projects.

15. CRANES 150 TONS AND OVER (Manufacturer speci-fications with basic boom) shall require two (2) Operating En-gineers and their rates shall be determined by the boom length.

16. ON ALL MACHINES including Pile Drivers with booms of 100 feet and over (including jib or leads) two (2) engineers shall be employed at the regular rate of wages or one (1) Engi-neer and one (1) Assistant Engineer/Oiler shall be employed;

this option to be left to the Business Manager. Said Engineers shall receive regular hourly rate plus:

$1.00 per hour on rigs with 100 foot boom (including jib) up to 139 feet.

$2.00 per hour on rigs with 140 foot boom (including jib) and over

On all hoists where “Cat Head” or “Sheave Point” is 100 feet or over above ground level, the following differential pay shall apply:

$1.00 per hour on 100 feet up to 199 feet.

$2.00 per hour on 200 feet and over.

17. ALL UNLOADING OF CONSTRUCION MATERIAL

on the job site, using equipment designated herein, is to be per-formed by Employees covered hereunder.

18. BRIDGE REHABILITATION PROJECTS AND

ROAD AND GENERAL CONSTRUCTION UNDER

$40,000.000.

On bridge rehabilitation projects forty million dollars ($40 million) or less, a Maintenance Man will be the first Operating Engineer employed. The Maintenance Man may cover com-pressors, welders, pumps, and work as a Mechanic or operate one of the following pieces of equipment: concrete breaker, roller or dozer.

On Road and General construction projects of two-and-one-half million dollars ($2.5 million) or less, manning is to be de-termined at Pre-Bid Conference.

19. MECHANIC: If a party to this Agreement hires an Op-erating Engineer to work as a Mechanic and requires that the Mechanic provide his own truck, tools and welding machine, the rate for said truck, tools and welding machine shall be sub-jected to a pre-bid conference between the Business Manager and/or his designee and the Contractor and/or his designee. If a party to this Agreement hires an Operating Engineer to work as a Mechanic and supplies said Mechanic with a truck, tools and welding machine the terms of this Agreement will apply.

20. ELEVATORS AND HOISTS:An Engineer shall be em-ployed on all elevators and hoists (freight or passenger, perma-nent or temporary) or any other hoisting machine regardless of motor power during erection, operation and dismantling where used for hoisting building material, also furniture or office equipment or tools and equipment or tools and equipment for any other craft.

B. RENTAL OF EQUIPMENT

When a contractor rents a piece of equipment covered by this Agreement, he shall notify the Union Hiring Hall of the fact of such rental and shall furnish the name or names of the persons on the Union Referral List who are operating said equipment. Said members of the operating crew, and the lessee, shall be governed by the terms and conditions of this Agree-ment. If the lessee fails to pay or report contributions into the Benefit Funds or does not have a collective Bargaining Agree-ment with Local 825, then the lessor of the equipment shall be responsible for making such payments and reports to the Ben-efit funds on the Wages covered hereunder. The lessee shall not thereafter rent out the services of the operating crew to any other party.

C. LEAD ENGINEERS, FOREMAN ENGINEER OR

SAFETY ENGINEER:

It is further agreed that where there are five (5) or more Op-erating Engineers excluding Oiler and back dump operators covered by this Agreement employed upon any one (1) job or by any one (1) Contractor, a Lead…