Roofers_Local_30_CBA_-_2022-25.pdf

COLLECTIVE BARGAINING AGREEMENT

BY AND BETWEEN

ROOFERS LOCAL 30

AND

ROOFING CONTRACTORS' ASSOCIATION

COVERING

COMMERCIAL ROOFING and

COMMERCIAL REROOFING

MAY 1, 2022 THROUGH APRIL 30, 2025

TABLE OF CONTENTS

ARTICLE PAGE NO.

ARTICLE I

Particulars of Agreement 1

ARTICLE II

Agreement 1

ARTICLE III

Recognition & Union Security Clause 2

ARTICLE IV

Agency Shop Provision for Apprentices 3

ARTICLE V

Scope of Agreement 4

ARTICLE VI

Hiring 6

ARTICLE VII

Administration of Agreement by Joint Conference Board 9

ARTICLE VIII

Adjustment of Disputes 10

ARTICLE IX

Hours of Work 12

ARTICLE X

Wage Rates 13

ARTICLE XI

Method of Wage Payment 14

ARTICLE XII

Use of Materials & Machinery 14

ARTICLE XIII

Use of Employees 15

ARTICLE XIV

Limitations on Work 16

ARTICLE XV

Reporting, Reporting Pay and Early Completion of Jobs 16

ARTICLE XVI

Tools, Clothing, Safety and Personal Convenience 17

ARTICLE XVII

Layoffs 18

ARTICLE XVIII

Apprentice Ratios 18

ARTICLE XIX

Apprentices 18

ARTICLE XX

Union Visitation 18

ARTICLE XXI

Stewards 19

ARTICLE XXII

Traveling Time/Traveling Expense 19

ARTICLE XXIII

Out-Of-Town Work 19

ARTICLE XXIV

Job Incurred Injuries 20

ARTICLE XXV

Welfare Fund 21

ARTICLE XXVI

Pension Fund 21

ARTICLE XXVII

Vacation Fund /Credit Union 21

ARTICLE XXVIII

Annuity Fund 22

ARTICLE XXIX

Industry Fund 22

ARTICLE XXX

Union Fund 23

ARTICLE XXXI

Roofing Apprenticeship Fund 23

ARTICLE XXXII

Political Action and Educational Fund 24

ARTICLE XXXIII

Payment of Contributions and Filing of Reports 24

ARTICLE XXXIV

Adjustment - Hours of Work 27

ARTICLE XXXV

Finality 27

ARTICLE XXXVI

City Wage Tax 28

ARTICLE XXXVII

Miscellaneous 28

ARTICLE XXXVIII

Relief Procedures 29

ARTICLE XXXIX

Duration of Agreement 31

APPENDIX A

Jurisdiction 32

WORKING AGREEMENT

ARTICLE I

Particulars of Agreement

THE PURPOSE of this Agreement is: To define wages and working conditions, prescribe means for the prevention of strikes, lockouts or other stoppages of work and to otherwise stabilize operations in the composition roofing, dampproofing and waterproofing industry in Philadelphia and vicinity.

THE PARTIES to the Agreement are the Roofing Contractors’ Association (hereinafter called the "Employer," "Association" or "RCA"), its member Employers, party of the first part, and Local Union No. 30 of the United Union of Roofers, Waterproofers, and Allied Workers (hereinafter called the "Union"), party of the second part.

The CO-PARTIES of the first part to this Agreement are: Any and all composition roofing, dampproofing and waterproofing contractor non-members of the Association operating in the territory covered by this Agreement, who shall have severally signified their acceptance hereof by affixing their several signatures to a true copy of this Agreement.

The term "Employer" shall be construed to include any and all member Employers of the Association and/or co- parties of the first part hereto; and the term "Employee" shall be construed to include all persons employed within the collective bargaining unit represented by the Union.

ARTICLE II

Agreement

Section 1. Pursuant to the purposes above set forth, the Association, acting for and on behalf of itself as well as for and on behalf of its member Employers, together with the co-parties of the first part hereto, do jointly and severally covenant and agree that they will perform no work within the jurisdiction and scope of this collective bargaining agreement which in any way involves payment of lower wages, traveling time/expense, fringe benefits or involves terms and conditions of employment other than those contained in this Agreement;

that they will be bound and abide by the following Articles of Agreement, all and several upon any and all commercial roofing work and as hereinafter specified as subject to the operation of this Agreement, contracted or performed by them or any of them during the life hereof. The collective bargaining agreement and subsequent extensions, changes and renegotiations shall continue to be applicable and binding on non-members of the Association who have executed an assent. This Section I shall not apply to instances in which relief is granted under the provisions set forth in Article XXXVIII.

Section 2. The Union agrees that it shall not authorize or permit any signatory Employer to perform work within the trade and geographic jurisdiction of this Agreement according to terms and conditions which are more favorable than those set forth in this Agreement without offering those terms and conditions to all other signatory Employers. Any disputes arising under this Section may be submitted for resolution pursuant to the grievance and arbitration process set forth in Article VIII hereof, at the Employer's discretion.

This section shall not apply:

(1) When the Union agrees to permit a non-union Employer to complete projects in progress according to terms and conditions which are more favorable than those set forth in this Agreement in exchange for that Employer's execution of this Agreement; or

(2) When the Union agrees to permit an Employer to complete a given project according to terms and conditions which are more favorable than those set forth in this Agreement because that Employer is experiencing severe financial hardship on that project; or

(3) To agreements with public authorities similar to the agreement by and between the Union and the Philadelphia Housing Authority.

Section 3. Once a signatory Employer has begun a job, no other signatory Employer shall complete the said job as a subcontractor or assignee of the original Employer until all wages, Welfare, Pension, Credit Union, Annuity and other applicable Fund contributions due to, or on behalf of, all employees who worked for the first Employer shall first have been paid. This requirement may be waived only by the Board of Trustees of the Roofers Local 30 Combined Pension, Welfare and Annuity Funds.

Section 4. The parties agree that it is necessary and lawful to protect and preserve for the employees covered by this Agreement all work heretofore performed by them. Therefore, in order to prevent any device or subterfuge used by an Employer to avoid its obligations under this Agreement, the Employers and the Union agree that, effective upon the execution of this Agreement: If and when an Employer bound by this Agreement shall perform any work within the trade and geographic jurisdiction of this Agreement, under its own name or through the use of an "alter-ego," the terms and conditions of this Agreement shall be applicable to all such work.

Section 5. This Agreement shall apply to all persons, whether commercial journeymen, commercial apprentices or foremen and all members in the bargaining unit (any or all of whom are sometimes hereafter referred to as "employees"), who are at any time engaged in the territory described in Article V hereof in performing for any Employer work covered by this Agreement. The parties are cognizant of a history within the industry whereby some Employers have attempted to use separate agreements to perform commercial roofing work and, as a result thereof, variances in the amounts of wages, benefits and terms and conditions of employment for commercial journeymen roofers have heretofore existed. The parties signatory to this Agreement firmly agree that such conduct shall no longer be tolerated and that this Agreement is intended by all parties hereto to establish the only wages, hours and terms and conditions of employment that any signatory Employer may pay to its workmen performing commercial roofing work within the trade and geographic jurisdiction of this Agreement.

(a) Penalties. The parties agree that, in addition to any and all remedies otherwise available to the Union under this Agreement, including but not limited to the penalties set forth in Article XXXVII, an Employer who is found to have violated any of the prohibitions set forth in this Section 5 shall also be responsible for payment of any and all costs of litigation incurred by the Union which are required to enforce a determination by the Joint Conference Board or an arbitrator, including reasonable attorneys' fees.

ARTICLE III

Recognition & Union Security Clause

Section 1. The Union recognizes the Roofing Contractors' Association as the exclusive collective bargaining representative and agent under the terms of this Agreement for all of its present and future members.

The Roofing Contractors' Association recognizes the Union as the exclusive bargaining representative for all journeymen roofers, apprentices and foremen and all employees performing commercial roofing work, within the jurisdiction of the Union.

Inasmuch as the Union has demanded recognition from the Employer as the exclusive bargaining representative of the Employer's employees in the bargaining unit described herein under Section 9(a) of the National Labor Relations Act, and the Employer is satisfied and has verified that the Union represents a majority of its employees in the bargaining unit described herein, the Employer hereby recognizes the Union as the exclusive collective bargaining representative of its employees on all present and future job sites within the jurisdiction of the Union, unless and until such time as the Union loses its status as the employee's exclusive representative.

Section 2. All journeymen roofers who at the time of the signing of this Agreement are members of the Union shall, as a condition of continued employment, maintain their membership in good standing in the Union. All journeymen roofers who at the time of the signing of this Agreement are not as yet members of the Union shall, after seven (7) days following the effective date of this Agreement, become members of and maintain membership in the Union in good standing as a condition of continued employment. All newly hired journeymen shall, as a condition of continued employment, become members of the Union in good standing after seven (7) days following the date of hire or the effective date of this Agreement, whichever is later; upon becoming members of the Union in good standing, such journeymen shall maintain membership in good standing as a condition of continued employment. In computing the seven (7) day period hereinbefore referred to and described, days of employment with the same Employer, who has an agreement with the Union, shall be accumulated.

ARTICLE IV

Agency Shop Provision for Apprentices

Section 1. Membership in the Union is not compulsory for apprentices who shall, nevertheless, have the right to join, not join, maintain or drop their membership in the Union, as they see fit. Neither party shall exert any pressure on or discriminate against an apprentice as regards such matters.

Section 2. All such individuals who presently are not Union members and who do not in the future become and remain members shall, after seven (7) days following the effective date of this Agreement and as a condition of employment, pay to the Union each month a service charge as a contribution towards the administration of this Agreement in an amount equal to the regular monthly dues (not including initiation fees, fines, assessments or any other charges uniformly required as a condition of acquiring or maintaining membership) of the Union.

Section 3. All newly hired apprentices shall, after seven (7) days following the date of hire or the effective date of this Agreement, whichever is the later, and as a condition of continued employment, pay to the Union each month a service charge as a contribution towards the administration of this Agreement in an amount equal to the regular monthly dues (not including initiation fees, fines, assessments or any other charges uniformly required as a condition of acquiring or retaining membership) of the Union.

Section 4. In computing the seven (7) day period hereinbefore referred to and described, days of employment with the same Employer, who has an Agreement with the Union, shall be accumulated.

Section 5. Upon failure of any apprentice to pay or tender the above-mentioned service charge, the Employer will discharge such employee when so informed by the Union.

Section 6. Membership in the Union is separate, apart and distinct from the assumption by one of its equal benefits. The Union is required under this Agreement to represent all the employees in the bargaining unit fairly and equally without regard as to whether or not an employee is a member of a Union. The terms of this Agreement have been made for all employees in the bargaining unit and not only for members in the Union.

Accordingly, it is fair that each employee in the bargaining unit pay his own way and assume his fair share of his obligation along with the grant of equal benefit contained in this Agreement.

ARTICLE V

Scope of Agreement

Section 1. This Agreement shall apply to all workmen performing the work of journeymen or apprentices on all commercial new and commercial reroofing work, including work on all apartment houses and all other roofing and waterproofing work other than single house dwellings. In addition, this Agreement and the jurisdiction of commercial roofers, commercial re-roofers and waterproofers, whether or not specifically referenced herein, shall also encompass all work identified and specified in Appendix A.

Section 2. This Agreement shall be operative within the confines of Pennsylvania, Delaware and New Jersey as follows: the counties of Adams, Berks, Bucks, Carbon, Centre, Chester, Columbia, Cumberland, Dauphin, Delaware, Franklin, Fulton, Juniata, Lancaster, Lebanon, Lehigh, Mifflin, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Schuylkill, Snyder, Union, York and all of Monroe County with the exception of Tobyhanna Army Depot in Pennsylvania; the counties of Kent, New Castle and Sussex in Delaware; the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer, Ocean, Salem, Trenton and part of the counties of Middlesex, Monmouth and Somerset in New Jersey; and in accordance with territorial descriptions on file with the International Union.

Section 3. Except as otherwise hereinafter provided, this Agreement shall be operative on any day and all work upon delivery to hoist or to point of operation if on ground in unloading, handling and applying of any or all of the following materials, namely:

(a) All Spandrel and through-wall flashing;

(b) All compressed or chemical prepared paper, fabric, membrane, fiberglass, rubber, plastic, vapor barrier or other substitutions, including dry sheet, and all burlap, ducking or other fabric, prepared or otherwise, when used for roofing or dampproofing or waterproofing purposes, together with all coating thereof except Visqueen and Polyethlene used under floor slabs;

(c) All bituminous or other dampproofing or damp-resisting and/or waterproofing preparations when applied with a mop, swab, sprayer, trowel, roller or brush and all primer in connection with roofing or dampproofing or waterproofing work. This provision, along with (b) above, shall not pertain to metallic or ironite waterproofing when used in elevator or escalator shafts or pits;

(d) All gravel, slag, ballast, pavers (including concrete pavers), rigid insulation when used under membrane roofing or with dampproofing and waterproofing. Nailboard when used with vapor barrier, single-ply, built-up, modified bituminous, sheet or liquid roofing or when used as a roofing, dampproofing or waterproofing base or vapor barrier and including insulation when used on inside or outside walls;

(e) All vapor barrier, single-ply, built-up, modified bituminous, and liquid or sheet applied roofing, dampproofing or waterproofing systems.

(f) All roofing, dampproofing and/or waterproofing plastics whether sprayed on, brushed on or applied in any other fashion. The roofing contractor shall have the right to assign to others or to use Local 30 members to provide interior protection from dust, dirt and falling debris;

(g) All work in connection with the removal of roofing materials covered under this Agreement and resultant debris, tearing off and scraping off of old roofing, as well as ripping off all tile work in conjunction with the application of a new roof at the same deck location;

(h) All work in regard to the cutting of holes in roofing membrane and/or rigid roof insulation board and all materials covered by this Agreement and the patching of the same except where done in connection with the installation of an occasional pipe of minimal size or the cutting of occasional holes.

(i) It is specifically understood that the coverage of this agreement includes all work pertaining to the operation of tankers, kettles, melters, vacuum machine, and other instrumentalities performing similar functions.

(j) Any moisture and/or chemically resistant lining (sheet or fluid applied) installed to contain (or supplement containment) fluids and/or slurries in connection with the following: reservoirs, ponds, lagoons, tanks, sluices/troughs/aqueducts, pipes and land disposal facilities including liners and covers;

(k) Roofers shall operate any and all machinery owned or leased by an Employer which is used at the job site in connection with loading, unloading, application, and cleanup and removal of all roofing and/or waterproofing systems. This requirement shall not apply to the operation of a daily rented crane or boom truck.

(l) Membrane used as air barrier, termination bar, R-MER-LITE type roofing system, composite board consisting of plywood, particle board or homasote bonded to insulation and any and all insulation applied on top of a roof deck when put down in conjunction with any membrane covered by item (e) above.

(m) All forms of protection boards, walkway pads and roof treads used in composition roofing or waterproofing to protect the membrane from damage.

(n) All components of “living roof” systems, including but not limited to membranes, insulations, filters, fleece, vegetation blankets and/or trays and soils.

(o) All solar or photovoltaic cell-type structures, modules, panels or units that are used as substitutes for ballast or membrane protection, including Inverted Roof Membrane Assembly (IRMA) roofs or roofs of similar construction.

(p) All roof integrated solar or photovoltaic cell-type systems, structures, modules or panels used to transform solar energy into electrical energy when applied to or installed on any existing or new roofing system.

Section 4. The Union shall only represent employees performing roofing, damp or waterproofing work for Employers having signed contracts with the Union; nor shall any person represented by the Union be permitted to take or do any roofing, damp or waterproofing on their own account. This shall include, but is not restricted to, Saturdays, Sundays and holidays. This shall also apply to any person registered on the referral list maintained by the Union in accordance with the legal hiring arrangement hereinafter more fully set forth.

Section 5. All tools, materials and other equipment must be transported by the Employer or his agent.

Section 6. The Union agrees to notify the Association, within two (2) weeks, of all non-Association Employers who sign a collective bargaining agreement with the Union. The Union agrees further to notify the Association immediately in the event that any Employer with whom it has a collective bargaining agreement goes out of business or otherwise terminates its operations.

Section 7. Employers shall, at the time of signing any roofing contract, notify the Union when any work covered by this Agreement is withheld from the roofing contractor by the owner, customer, general contractor or other entity.

(a) No spandrel will be delivered to a job site before a roofing journeyman crew has arrived at the site.

Section 8. All work covered by this Agreement which is to be performed at the job site shall not be subcontracted, sublet or turned over by an Employer who is a party to this Agreement to any other Employer who is not also a party to this Agreement. Before subcontracting, subletting or turning over work the Employer shall first check with the Union to ascertain if the other Employer is also a party to this Agreement.

In addition to, but not in limitation of the foregoing, an Employer that is signatory to this Agreement shall not subcontract any form of roofing and waterproofing work that is covered by the Local 30 Residential, Shingle, Slate and Tile Agreement, unless the Employer to whom such work is subcontracted is signatory to the appropriate Local 30 Agreement.

The Union shall not permit a signatory Employer that is delinquent in its reporting or payment obligations to the Local 30 Combined Benefit Funds as described in Article XXXIII to complete any work covered by the Agreement by subcontracting the work or otherwise assigning the work to another signatory Employer and no other signatory Employer shall complete said job as a subcontractor or assignee to the delinquent Employer until all reports have been filed with the Funds and all Welfare, Pension, Credit Union, Annuity and other applicable Fund contributions due to, or on behalf of, all employees who worked for the first Employer on the job shall first have been paid. This requirement may be waived only by the Board of Trustees of the Roofers Local 30 Combined Benefit Funds.

ARTICLE VI

Hiring

Section 1. In the interest of maintaining an efficient system of production in the Industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment on commercial roofing projects.

Section 2. The Union shall be the sole and exclusive source of referral of applicants for employment.

Section 3. The Employer shall have the right to reject any applicant for employment.

Section 4. The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, by-laws, constitutional provisions or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the procedure set forth in this Article.

Section 5. The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

GROUP I. All commercial journeymen applicants for employment who: (1) have four or more years’ experience in the trade; (2) are residents of the geographical area constituting the normal construction labor market; and (3) who have been employed for a period of at least one year in the last seven years performing commercial roofing for a contractor bound by a collective bargaining agreement with the Union.

GROUP II. All commercial journeymen applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market and who have been employed for at least six months in the last six years performing commercial roofing for a contractor bound by a collective bargaining agreement with the Union.

GROUP III. All other commercial journeymen applicants for employment. Wherever the term “commercial journeyman” or “journeyman” is used in this Referral Procedure, the term shall mean a person who has: (1) demonstrated that he/she has 8,000 or more hours experience in the trade; or (2) has been certified as a commercial journeyman by a duly qualified Apprentice Program established by the Union or a union affiliated with the International Union; or (3) passes a hands-on commercial roofing skills exam administered by the Joint Apprentice Committee.

Section 6. "Normal construction labor market" is defined to mean the area set forth in Article V, Section 2 of this Agreement, plus the commuting distance adjacent thereto which includes the area from which the normal labor supply is secured. The above geographic area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage areas under the Davis-Bacon Act to which the Agreement applies.

Section 7. "Resident" means a person who has maintained his permanent home in the above defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as his permanent home.

Section 8. "Experience in the trade” or “in the trade" as used herein means roofing and re-roofing work on commercial roofing projects. Residential roofing, residential reroofing and slate, tile and shingle experience shall not be construed as “experience in the trade” for purposes of this Article.

Section 9. "Year," "years" or "years’ experience" as used herein shall mean at least 2,000 hours of work in a calendar year. A person seeking to establish "four or more years’ experience in the trade" may, alternatively, establish satisfaction of this requirement by demonstrating that he/she has worked a minimum of 8,000 hours "in the trade."

Section 10. The Union shall maintain an "Out of Work List" which shall list the applicants within each Group in chronological order of the dates and time they register their availability for employment.

Section 11. An applicant must be present in the Hiring Hall to be eligible for referral.

Section 12. Order of Referral. Employer shall advise the Business Manager, or his designee, of the number of applicants needed. The Employer may request a foreman and crew suitable to the Employer's particular job in accordance with the procedure set forth below. An Employer has a right to request a specific employee subject to the limitations set forth below. Except as otherwise set forth in Section 18, the following procedure shall govern the selection and referral process.

Applicants shall be referred to employment in accordance with the following process.

(a) The Employer shall appoint one qualified journeyman from Group I as foreman. If no Group I applicants are available for work at the time, the foreman shall be selected from Group II.

(b) The foreman shall select applicants for the job from Group I. If no applicants for employment remain in Group I, then the foreman shall select the remaining members of the crew from Group II. If no applicants from Group II are available, the foreman shall select from Group III.

Under no circumstances shall an applicant registered in a lower priority group be referred while a member of a higher priority group is available for work. The foreman's selection of a crew from available applicants shall be subject to his discretion in fulfilling the Employer's needs.

(c) In the event the Employer or foreman determines that he has no preference among available applicants, then the Business Manager or his designee shall refer applicants to the Employer by first referring applicants in Group I in the order of their place on the "out-of-work list" and then referring applicants in the same manner successively from the "out-of-work list" in Group II, then Group III.

In circumstances where the Employer states bona fide requirements for special skills and abilities

(including requests encompassed by Section 18 hereof) in its request for applicants, the Business Manager or his designee shall refer the first applicant on the register possessing such skills and abilities. Any applicant who is rejected by the Employer shall be returned to his appropriate place within his Group and shall be referred to other employment in accordance with the position of his Group and his place within his Group.

Section 13. A representative of the Employer or of the Association, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

Section 14. A copy of this Referral Procedure shall be posted on the Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement.

Section 15. Apprentices shall be hired in accordance with the apprenticeship provisions of the Agreement between the parties.

Section 16. The Employer shall have the right to select applicants on the out-of-work list without regard to chronological order or group status when it is required to meet affirmative action requirements regarding minority and female employees. In such circumstances, the Employer shall be required to provide the Business Manager or his designee with a minimum of two working days written notice of such matter. In the event the Union cannot provide suitable personnel to enable the Employer to satisfy affirmative action requirements, the Employer shall be permitted to seek employees elsewhere in order to comply with the law.

In such event, employees hired directly by the Employer shall have a status of temporary employees and shall be laid off upon completion of the project for which they were initially hired. All such temporary employees shall be required to register at the Union Hall before reporting for work. For purposes of the notice provision set forth herein, Saturdays, Sundays and holidays shall not be counted in the computation of 48 hours.

Section 17. The Employer shall have the right to recall a former employee who was laid off by him within thirty (30) calendar days following the layoff upon written notice to the Business Manager. In such event, the employee may be recalled, notwithstanding the provisions set forth in this Article.

Section 18. In the event the Union, through its Hiring Hall, is unable to provide sufficient workers to satisfy an Employer's needs the Employer may, subject to the following conditions, hire temporary employees.

Upon notification from the Business Manager or his designee that the Union cannot fulfill its request for workmen, the Employer shall provide the Business Manager with a written notice that it will seek to hire temporary employees from other sources following the passage of forty-eight (48) hours. If the Union can fulfill the Employer's needs within forty-eight (48) hours following receipt of the written notice from the Employer, the Employer may not hire employees from other sources. If the Employer's needs remain unfulfilled following the forty-eight (48) hour written notice to the Business Manager, the Employer may hire employees from any source provided that such employees shall be designated temporary and shall be laid off upon completion of the project for which they were initially hired. All such temporary employees shall be required to register at the Union Hall prior to reporting for work. For purposes of the notice provision set forth herein, Saturdays, Sundays and holidays shall not be counted in the computation of 48 hours.

Section 19. This hiring arrangement is subject to modification in the event that it becomes legally necessary to make such modification based upon binding decisions of the National Labor Relations Board and/or in the event of the issuance of any binding court decisions relating thereto.

Section 20. The Union represents that it shall be the sole administrator of the hiring hall arrangement described herein as principal and said Union shall not be construed to act as the agent of the Association or any Employer in connection therewith. In the administration of said hiring hall, the Union shall be liable for such violations, if any, which may be committed by it in the administration thereof.

Section 21. All employees on a job, except for apprentices and temporary employees, shall receive the full rate of pay for commercial journeymen roofers set forth in the wage exhibit(s) to this Agreement. The Union will issue to each employee a card designating the employment category of such employee and the employee shall exhibit such card to the Employer upon reporting for work. Temporary employees hired in accordance with Article VI Section 16 and 18, and Article XXXVIII Section 6 shall receive a rate of pay equal to their demonstrated hours of experience in commercial roofing work in accordance with the hiring provisions of this Article.

Section 22. A Union representative will be in attendance at the Union office every working day until 9:00 a.m.

Section 23. The Union shall give an Employer advance notice no later than 11:00 a.m. on a particular day that the Union shall have qualified journeymen available for work on the following day. The Union shall also, upon Employer's request, ask such journeymen if they intend to remain on the particular job as long as required of them by the Employer and so advise the Employer of each employee's response thereto.

Section 24. Employees shall notify the Union Hall and their Employer (or its designated

Representative) before their established start time if they are unable to report for work that day. When employees are absent replacements will be sent by the Union. In accordance with the Referral Procedure contained in this Article VI, when a replacement is to be sent by the Union, the Employer (designee) shall have the right to select a specific employee from among the available applicants on the “out-of-work list”. In the absence of a selection by the Employer (designee), the Union will refer a replacement in accordance with the Hiring Hall Procedures. In such instances, the Union will endeavor to refer a replacement with the same wage and benefit scale as the absent employee. Applicants referred by the Union as replacements who report to the job site and are not put to work by the Employer (designee) shall be entitled to two (2) hours pay (wage and benefits) for so reporting, unless prevented from working on the job by weather conditions or other conditions beyond the Employer’s control. Replacements accepted for employment shall be paid only from the time they report to the job site.

Section 25. The Union agrees that it will not pull journeymen employees from one Employer and transfer them to another without the Employer's consent.

Section 26. No person represented by the Union shall work for any Employer failing to maintain adequate coverage under the Workers' Compensation Act and the Unemployment Insurance Act, or failing to make proper contributions and/or filing of reports to the existing Welfare Fund, Pension Fund, Union Fund, Credit Union, Annuity Fund, Political Action and Educational Fund, Roofers Home Association Fund, RCA Industry Fund, and Roofing Apprenticeship Fund, or otherwise failing to obtain any bonds or insurance required by this Agreement.

ARTICLE VII

Administration of Agreement by

Joint Conference Board

Section 1. For the purpose of administering this Agreement, adjusting disputes between the parties and/or co-parties hereto, and promoting the legitimate interests of the composition roofing, damp and waterproofing industry in general, the Association and the Union shall create and maintain a joint administration body to be known as the Joint Conference Board, consisting of three (3) members of the Association and three (3) members of the Union.

Section 2. The Joint Conference Board shall meet upon call at the request of either party hereto, if and when necessary, for the purpose of considering matters requiring urgent action or of hearing and adjusting disputes as herein provided. The Joint Conference Board shall also function as the RCA/Roofers Local 30 Labor/Management Committee which shall meet every six weeks but not less than six times annually.

Section 3. The powers of the Joint Conference Board in matters other than the adjustment of disputes as provided in Article VIII shall be subject to the established policies of the Association and the Union respecting ratification of the acts of their several agents. All decisions of the Board shall require the concurrence of a majority of the representatives of each of the parties hereto. In the case of a formal ballot, the representatives of each party shall have equal voting strength.

Section 4. In the event either the Employer or the Union or any of its members shall violate any of the provisions of this collective bargaining agreement, then the party found to be guilty shall be directed by the Joint Conference Board to pay damages the Joint Conference Board deems appropriate.

ARTICLE VIII

Adjustment of Disputes

Any dispute or disagreement arising between parties or co-parties shall be resolved in accordance with the following grievance/arbitration procedures:

Section 1. Definitions

(a) "Employee" is any employee performing work for an Employer within the coverage of this

Agreement, whether or not such employee is a member of the Union.

(b) "Grievance” is any dispute between an employee and his Employer, or between the Union and an

Employer or the Association.

(c) “Grievant” is the employee filing a grievance.

(d) "Grieving Party" is the party (the Union, an Employer, or the Association) pursuing a grievance.

(e) "Days" unless otherwise noted, means calendar days.

Section 2. Procedure

(a) Informal Step: Whenever any employee has a grievance, he may discuss the grievance orally with a representative of the Employer. The employee may, if he so desires, also orally inform the steward, if there is one, of his grievance, in which case the steward shall discuss the grievance with a representative of the Employer. This informal step is not mandatory and failure of an employee to discuss his grievance orally with his Employer or steward shall not be grounds for denial of the grievance.

In the event an employee or steward discusses a grievance with an Employer's representative, the Employer's representative shall attempt to adjust the grievance. If the employee elects to have the steward discuss the grievance with the Employer's representative, the Employer shall not discuss the grievance directly with the employee unless the employee expressly requests that it do so.

(b) Step One: If the employee decides not to process a grievance through the Informal Step, or if the grievance is not resolved at the Informal Step, the employee shall inform the Union of his grievance in writing within ten (10) days of the date on which the conduct being grieved occurred. The employee may use the form described in Section 4 for this purpose, but it shall be sufficient if the employee writes his grievance in any manner. The written grievance submitted by the employee shall contain the date the grievance is submitted to the Union, the employee's name, the name of the Employer against which the grievance is being submitted, and the conduct which is the subject of the grievance.

The Union officer, business agent or representative who receives the grievance from the employee shall, within five (5) days of receipt of the grievance, note the date the grievance is received upon the face of the grievance, initial the grievance, and give or mail a copy of the dated and initialed grievance to the employee.

The Union, an Employer, or the Association may initiate its own grievance at this step, and shall follow the procedures set forth below.

Within fifteen (15) days of the date on which the conduct being grieved occurred, the Grieving Party shall submit the grievance in writing to the party whose conduct is being grieved... The Grieving Party shall submit the written grievance on a form which the Union shall produce consistent with the requirements set forth below in Section 4. The Union shall retain a copy of all written grievances and, when the grievance has been filed by an employee, shall give a copy to the grievant.

Within seven (7) days of the submission of the grievance to the party whose conduct is being grieved, that party shall respond to the grievance in the space provided on the grievance form and an attached sheet, if necessary. When the grievance has been filed by an employee, the Union shall within five (5) days of the response to the grievance, give or mail the grievant a copy of the Employer's response. If no response is submitted to the Grieving Party within this time, the grievance shall be deemed finally granted.

(c) Step Two: .If the grievance is denied at Step One the Grieving Party may submit a grievance to the Joint Conference Board within ten (10) days of receipt of the denial response. If the grievance is not submitted to the Joint Conference Board within this time period, the grievance shall be deemed to be finally denied. Where the grievance was initiated by an employee, the Union shall inform the grievant in writing why the grievance was not submitted to the Joint Conference Board.

The Joint Conference Board shall meet monthly when there are grievances which have been submitted to be heard by the Joint Conference Board, and shall hear presentations by the Union and the Employers and the Association involved on all grievances which have been denied at the First Step of the grievance procedure during the monthly period preceding the meeting.

The Joint Conference Board shall consist of three (3) representatives of the Union and three (3) representatives of the Association. Two (2) of the Union representatives and two (2) of the Association representatives must concur for the Joint Conference Board to issue a decision. The Joint Conference Board shall issue its decision to each grievance within fifteen (15) business days of the presentation of the grievance to the Joint Conference Board. The decision issued by the Joint Conference Board shall be binding on the parties to the grievance.

(d) Arbitration. If the Joint Conference Board fails to resolve the grievance, a grievance relating to the interpretation or application of this Agreement may be submitted to arbitration. Grievances not relating to the interpretation or application of this Agreement are not subject to arbitration.

The Grieving Party may submit the grievance to arbitration within fifteen (15) days of the Joint Conference Board's decision. Arbitration shall be conducted under the auspices of, and in accordance with the rules of, the American Arbitration Association.

The cost of the arbitration will be shared equally by the parties to the grievance. The decision of the arbitrator shall be final and binding on the Employer or the Association and the Union. If the Union does not submit an employee grievance to arbitration, the Union shall inform the grievant in writing of its reasons for not arbitrating the grievance.

Section 3. Records The Union shall maintain records of all grievances filed under this Agreement, including copies of all grievances, all responses submitted by Employers, and all other correspondence and documents relating to grievances, including minutes of hearings, before the Joint Conference Board. These records shall be maintained in separate files for each individual grievance and each grievance shall be assigned a separate file number.

Section 4. Forms The Union shall produce a form for the submission of the grievances at Step One. The form produced by the Union shall provide for the grievant's name, the grievant's Employer, the name of the Grieving Party, the date the alleged grievable conduct occurred, the date the grievance was filed with the Union (where applicable), and a description of the conduct being grieved. The form shall also provide space for the response. The form produced by the Union shall be agreed upon by the Association.

Section 5. Location of Grievance Meetings No step in the grievance procedure, no meeting of the Joint Conference Board and no arbitration hearing shall take place on any property owned, occupied or controlled by the Union or any affiliated entity.

Section 6. No Strike Clause Except as otherwise set forth below, the Union shall not engage in any strike or any work stoppage during the term of this Agreement and the Employer shall not engage in any lockout of employees covered by this Agreement. It is expressly recognized that the parties have set forth, in the provisions of this Agreement, exceptions to this provision that permit the Union to withhold the work of employees performing work for an Employer in the following circumstances:

(a) This provision shall not apply in circumstances where the Union withdraws the services of its members with respect to an Employer that is delinquent in its contributions to any Union fringe benefit fund or the Union;

(b) The Union and employees covered by this Agreement shall not be required to cross any primary picket line established by any bona fide labor organization, and/or the Union party to this Agreement shall have the right to withdraw employees covered by this Agreement whenever the Employer party to this Agreement is involved in a primary labor dispute with any bona fide labor organization.

(c) The Union may, in accordance with this Agreement and past practice, pull workers from a job for picket line duty elsewhere.

ARTICLE IX

Hours of Work

Section 1. Eight (8) consecutive hours, between 5:00 a.m. and 4:30 p.m., exclusive of one-half (½) hour for lunch at approximately 12:00 noon, shall constitute the basic working day.

Section 2. Five (5) eight-hour days, excluding Saturday and Sunday, shall constitute the basic working week.

Section 3. New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day shall be observed as legal holidays; provided, however, that should any of such holidays fall on a Sunday, the following Monday shall be observed as a holiday.

(a) No work will be performed on the aforesaid holidays except in cases of emergency and with the permission of the Business Representative. Time and one-half shall be paid for all such work.

(b) Each Employer shall deduct from the wages of each employee other than an apprentice for an account in the Vacation Fund provided in this Agreement the amount of ten cents ($.10) per hour worked to be escrowed for and paid to each such employee. (This deduction shall be in addition to the $1.10 hourly deduction for the Vacation Fund). On Election Day in November employees shall be paid by the Vacation Fund the amount of their accumulated contribution at $0.10 per hour. Effective for work performed on or after January 1, 2020, this subparagraph 3(b) shall no longer be applicable and no deduction shall be required for Election Day.

(c) A holiday will also be established in memory of John McCullough, former Business Manager of the Union, which shall be designated annually by the RCA and the Union. The sum of ten cents ($.10) per hour worked shall be deducted from the wages of each employee other than an apprentice and transmitted to the Administrator of the Local 30 Benefit Funds who will maintain a separate account for this purpose. Effective for work performed on or after January 1, 2020, the deduction of ten cents ($.10) per hour shall worked be increased to twenty cents ($.20) per hour worked and it shall be transmitted as specified herein.

Section 4. Any and all work performed within the basic working day and week shall be known as straight-time work. Any and all other work shall be known as overtime work, except as otherwise provided in Article X.

Section 5. There shall be no work on Saturdays, Sundays or any other of the holidays specified in Section 3 of this Article, except in case of a bona fide emergency, nor until the Business Representative of the Union has satisfied himself that the emergency is a bona fide one and has authorized the work to proceed.

Except as specified in Article XVIII Section 2, such work shall be performed only by journeymen roofers unless otherwise approved by the Union's principal office.

Section 6. Employees shall be on the job, clothes changed, ready to work at the designated start time and shall continue working until fifteen minutes prior to the designated quit time, exclusive of one-half (½ ) hour for lunch. Employees shall secure and protect equipment and materials on the job and change clothing during the last fifteen minutes of the basic working day and shall not leave the roofing site prior to the end of the work day. Any employee not adhering to this rule may be penalized by a pay deduction or immediate dismissal for any time lost after the designated start time or prior to the end of the work day. No materials shall be used on a job during the last fifteen minutes of the work day.

Section 7. From May 1 to October 1 an early startup shall be permitted at the option of the employees in the crew, subject to the Employer's approval, which approval shall not be unreasonably withheld.

This option shall not apply to the first day that a job starts.

Section 8. Employees shall also receive a holiday on the last working day before Christmas and shall receive four (4) hours pay (wage and fringe benefits) for such day.

ARTICLE X

Wage Rates

Section 1. Any and all commercial roofing and commercial reroofing work covered by this

Agreement shall be performed by commercial journeymen roofers and commercial apprentices. Other classifications of workmen, except temporary employees as provided for in Article VI Section 16 and 18 and Article XXXVIII Section 6, are strictly prohibited. The minimum hourly wage rate for all commercial journeymen roofers and commercial roofer apprentices covered by this Agreement when employed to perform any work within the jurisdiction of this Agreement shall be set forth in Exhibit “A”.

(a) The base rate for apprentices is calculated as a percentage of the journeyman's base rate.

The appropriate percentage for each apprentice period shall be as set forth in Exhibit "A”. (Refer to wage schedule for current rates).

(b) The base rate for working foremen shall be Two Dollars ($2.00) per hour more than the journeyman's rate for a crew of five (5) men or less and Two Dollars and Fifty Cents ($2.50) more than the journeyman's rate for a crew of six (6) men or more.

(c) The basic rate for moppers and…