DC_NECA_ _Local_26_IBEW_Wireman_Agreement.pdf

INSIDE WIREMAN

AGREEMENT

June 1, 2015 Between

Washington, D.C. Chapter National Electrical

Contractors Association and

Local Union No. 26, International Brotherhood of Electrical Workers

Washington, D.C. Chapter

I

INSIDE WIREMAN AGREEMENT

JUNE 1, 2015

TABLE OF CONTENTS

AGREEMENT

FUNDAMENTAL PRINCIPLES

ARTICLE I

EFFECTIVE DATE - TERMINATION - AMENDMENTS

Section 1.01. TERM Section 1.02. CHANGES, TERMINATION AND UNRESOLVED ISSUES Section 1.03. AMENDMENTS BY MUTUAL CONSENT Section 1.04. NO STRIKE OR LOCKOUT Section 1.05. LABOR-MANAGEMENT COMMITTEE Section 1.06. GRIEVANCES Section 1.07. COMMITTEE'S DECISIONS Section 1.08. CIR Section 1.09. PENDING ADJUSTMENT Section 1.10. GRIEVANCE NOTIFICATION

ARTICLE II

EMPLOYER RIGHTS - UNION RIGHTS

Section2.01. LABOR ORGANIZATION ASSISTANCE Section 2.02. ANNULMENT/SUB-CONTRACTING Section 2.03. JURISDICTION Section 2.04. BETTER TERMS AND CONDITIONS Section 2.05. EMPLOYER QUALIFICATIONS Section 2.06. EMPLOYEE CONTRACTING Section 2.07 WORKMEN'S COMPENSATION Section 2.08. MEDICAL ATTENTION Section 2.09. JOB ACCIDENT REPORTS Section 2.10. JOINT SAFETY RULES COMMITTEE Section 2.11. EMPLOYER TELEPHONE Section 2.12. WORK FORMS Section 2.13. TERMINATION SLIPS Section 2.14. NOTICE OF VACANCIES Section 2.15. MANAGEMENT=S RIGHTS Section 2.16. LENDING OUT Section 2.17. DUES CHECK-OFF Section 2.18. TRAVELING EMPLOYER Section 2.19. UNION AS EXCLUSIVE REPRESENTATIVE

II

Section 2.20. UNION SECURITY CLAUSE Section 2.21. CREDIT UNION DEDUCTION Section 2.22. STEWARDS CLAUSE Section 2.23. VOLUNTARY COPE CONTRIBUTION Section 2.24. FOREMAN CALL-BY-NAME Section 2.25. REFERRAL SLIP Section 2.26. EMPLOYER'S LAY-OFF RIGHTS

ARTICLE III

REFERRAL PROCEDURE

Section 3.01. GENERAL Section 3.02. SOURCE OF APPLICANTS Section 3.03. REJECTION OF APPLICANTS Section 3.04. NON-DISCRIMINATION CLAUSE Section 3.05. REGISTER OF APPLICANTS Section 3.06. REFERRAL PROCEDURE EXCEPTION Section 3.07. TEMPORARY EMPLOYEES Section 3.08. NORMAL CONSTRUCTION LABOR Section 3.09. RESIDENT Section 3.10. EXAMINATIONS Section 3.11. OUT OF WORK LIST Section 3.12. RE-REGISTRATION Section 3.13. REFERRAL ORDER Section 3.14. REFERRAL ORDER EXCEPTION Section 3.15. APPEALS COMMITTEE Section 3.16. FUNCTION OF APPEALS COMMITTEE Section 3.17. INSPECTION OF REFERRAL PROCEDURE Section 3.18. REFERRAL PROCEDURE POSTING Section 3.19. TRANSFERRING AND HIRING OF APPRENTICES Section 3.20. REVERSE LAY-OFF PROCEDURE

ARTICLE IV

WORKING CONDITIONS - HOURS

Section 4.01. EMPLOYEE PROCEDURE Section 4.02. QUALITY OF WORK Section 4.03. FAULTY WORKMANSHIP Section 4.04. FOREMAN AUTHORITY Section 4.05. SUPERINTENDENTS Section 4.06. AGE RATIO Section 4.07. PERSONAL VEHICLES Section 4.08. TRANSFER TIME Section 4.09. OVERTIME DISTRIBUTION Section 4.10. SAFETY MEASURE Section 4.11. MACHINERY Section 4.12. FABRICATION AND ASSEMBLY

III

Section 4.13. COVERAGE OF AGREEMENT Section 4.14. EMPLOYEE STORAGE Section 4.15. HOURS Section 4.16. CABLE SPLICING Section 4.17. SAFETY EQUIPMENT Section 4.18. RECALL Section 4.19. JOBSITE CONDITIONS Section 4.20. SHOW UP PAY

ARTICLE V

WAGES

Section 5.01. BASIC WAGE RATES Section 5.02. OVERTIME AND SHIFT WORK Section 5.03. JOURNEYMAN IN SUPERVISORY CAPACITY.

Section 5.04. HAZARDOUS WORK Section 5.05. TRAVELING TIME Section 5.06. TRANSFERS Section 5.07. PAYDAY Section 5.08. WITHHOLDING STATE INCOME TAX Section 5.09. BENEFIT FUNDS Section 5.10. WELDING

ARTICLE VI

NATIONAL EMPLOYEES BENEFIT AGREEMENT

Section 6.01. EMPLOYER PAYMENTS

ARTICLE VII

APPRENTICESHIP AND TRAINING

Section 7.01. JOINT APPRENTICESHIP AND TRAINING COMMITTEE Section 7.02. JATC TERM Section 7.03. JATC STANDARDS AND POLICIES Section 7.04. LOCAL APPRENTICESHIP AND TRAINING TRUST Section 7.05. TRAINING DIRECTOR Section 7.06. JATC AUTHORITY Section 7.07. APPRENTICE STANDARDS & SELECTION PROCEDURES Section 7.08. INDENTURE LIMITATION Section 7.09. REQUESTS FOR APPRENTICES Section 7.10. UNINDENTURED WORKERS Section 7.11. BENEFIT CONTRIBUTIONS Section 7.12. APPRENTICE RATIO Section 7.13. APPRENTICE SUPERVISION Section 7.14. APPRENTICE GRADUATION Section 7.15. CONFORMATION TO APPLICABLE REGULATIONS Section 7.16. JATTF CONTRIBUTION

IV

ARTICLE VIII

ELECTRICAL WELFARE TRUST FUND

Section 8.01. CONTRIBUTIONS TO WELFARE TRUST FUND

ARTICLE IX

PENSION TRUST FUND

Section 9.01. CONTRIBUTIONS TO PENSION TRUST FUND

ARTICLE X

JOINT APPRENTICESHIP AND TRAINING TRUST FUND (JATTF)

Section 10.01. CONTRIBUTIONS TO JATTF

ARTICLE XI

INDUSTRY FUND

Section 11.01. CONTRIBUTIONS TO INDUSTRY FUND

ARTICLE XII

ANNUITY FUND

Section 12.01. CONTRIBUTIONS TO INDIVIDUAL ACCOUNT FUND

ARTICLE XIII

FAILURE TO MAKE BENEFIT PAYMENTS

Section 13.01. FAILURE Section 13.02. REQUIREMENT OF BOND Section 13.03. RECOVERY OF FEES

ARTICLE XIV

NOTICE

Section 14.01. METHOD Section 14.02. TIME OF NOTICE

ARTICLE XV

EFFECT OF LAW

Section 15.01. NEGOTIATION OF SUBSTITUTE PROVISIONS

ARTICLE XVI

HEADINGS

Section 16.01. HEADINGS

V

ARTICLE XVII

SUPPLEMENTAL AGREEMENTS

Section 17.01. SUPPLEMENTAL AGREEMENTS Section 17.02. DAY ROOM POLICY

ARTICLE XVIII

NATIONAL LABOR-MANAGEMENT COOPERATION FUND (NLMCF)

Section 18.01. NLMCF'S PURPOSES Section 18.02. GOVERNING DOCUMENTS Section 18.03. NLMCC CONTRIBUTION Section 18.04. NLMCC RECOVERY OF FEES

ARTICLE XIX

LOCAL LABOR-MANAGEMENT COOPERATION FUND (LLMCF)

Section 19.01. LLMCF'S PURPOSES Section 19.02. LLMCF GOVERNING DOCUMENTS Section 19.03. LLMCF CONTRIBUTION Section 19.04. LLMCF RECOVERY OF FEES

ARTICLE XX

SUBSTANCE ABUSE

Section 20.01. SUBSTANCE ABUSE

ARTICLE XXI

CODE OF EXCELLENCE

Section 21.01. CODE OF EXCELLENCE

ARTICLE XXII

ADMINISTRATIVE MAINTENANCE FUND

Section 22.01. ADMINISTRATIVE MAINTENANCE FUND

(SIGNATURE PAGE)

APPENDIX A

TOOL LIST

APPENDIX B

MARKET RECOVERY PROGRAM

APPENDIX C

SHENANDOAH ZONE ADDENDUM

INSIDE WIREMAN AGREEMENT

Agreement by and between the Washington, D.C. Chapter, National Electrical

Contractors Association and Local Union No. 26, IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term "Chapter" shall mean the Washington, D.C. Chapter, National Electrical Contractors Association and the term "Union" shall mean Local Union No. 26, IBEW.

The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement. The term "Employee" or "Employees" as used hereinafter shall mean the worker or workers covered by the terms and conditions of this Agreement.

FUNDAMENTAL PRINCIPLES

This Agreement is based upon the following set of Fundamental Principles, affirmed by the parties hereto:

1. Close contact and a mutually sympathetic interest between Employee and Employer will develop a better working system which will tend constantly to stimulate production while improving the relationship between the Employee, Employer and the community.

2. The right of Employees and Employer in local groups to establish wage scales and local working rules is recognized.

3. Strikes and lockouts are detrimental to the interests alike of Employee, Employer and the general public, and should be avoided.

4. Public welfare, as well as the interests of the trade, demands that electrical work be done by the electrical industry.

5. The public interest is served, hazard to life and property is reduced, and standards of work are improved by fixing an adequate minimum of qualifications in knowledge and experience as a requirement precedent to the right of an individual to engage in the electrical construction industry, and by the rigid inspection of electrical work, old and new.

6. Agreements and understandings which are designed to obstruct directly or indirectly the free development of trade, or to secure to special groups special privileges and advantages, are subversive of the public interest and cancel the doctrine of equality of rights and opportunity, and should be condemned.

NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties agree as follows:

ARTICLE I

EFFECTIVE DATE - TERMINATION - AMENDMENTS

Section 1.01. TERM. This Agreement shall take effect June 1, 2015, and shall remain in effect until May 31, 2018, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from June 1 through May 31 of each year, unless changed or terminated in the way later provided herein.

Section 1.02. CHANGES, TERMINATION, & UNRESOLVED ISSUES.

(a) Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(b) Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting, unless mutually agreed otherwise.

(c) The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of the proposed changes.

(d) Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this Agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes shall be submitted no later than the regular meeting of the Council following the expiration date of this Agreement or any subsequent anniversary date. The Council=s decisions shall be final and binding.

(e) When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(f) Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03. AMENDMENTS BY MUTUAL CONSENT. This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 1.04. NO STRIKE OR LOCKOUT. There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

Section 1.05. LABOR-MANAGEMENT COMMITTEE. There shall be a Labor-Management Committee of three (3) representing the Union and three (3) representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the Management representatives.

Section 1.06. GRIEVANCES. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall refer the same to the Labor- Management Committee.

Section 1.07. COMMITTEE=S DECISION. All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting. The Committee's decision shall be final and binding on both parties hereto.

Section 1.08. CIR. Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's decisions shall be final and binding.

Section 1.09. PENDING ADJUSTMENT. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

Section 1.10. GRIEVANCE NOTIFICATION. Grievances or questions in dispute shall be filed with the duly authorized representative within 15 days of the event or within 15 days of the grievant becoming aware of the event. Any grievance not brought to the attention of the responsible opposite party to this agreement, in writing, within 21 days of the event or grievant becoming aware of the event shall be deemed no longer to exist.

ARTICLE II

EMPLOYER RIGHTS - UNION RIGHTS

Section 2.01. LABOR ORGANIZATION ASSISTANCE.

(a) REMOVAL - UNION RIGHT. This Agreement does not deny the right of the Union or its representatives to render assistance to other labor organizations by removal of workers from jobs when necessary and when the Union or its proper representative decide to do so; but, no removal shall take place until notice is first given to the Employer involved.

(b) UNION RESPONSIBILITY. When such removal takes place, the Union or its representative shall direct the workers on such job(s) to put away tools, material, equipment or any other property of the Employer carefully and safely. The Union will be responsible financially for any loss to the Employer caused by neglect in carrying out this provision, but only when a safe place for such storage is provided by the Employer.

Section 2.02. ANNULMENT/SUB-CONTRACTING.

(a) VIOLATIONS OF IBEW AGREEMENTS. The Local Union is a part of the International Brotherhood of Electrical Workers, and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Subsection 2.02(b) will be sufficient cause for the cancellation of his Agreement by the Local Union after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

(b) ASSIGNMENT OF WORK. The subletting, assigning or transfer by an individual Employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his Employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting or repair of a building, structure or other work will be deemed a material breach of this Agreement.

All charges of violations of this Subsection shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

Section 2.03. JURISDICTION. The Employer recognizes the IBEW as having jurisdiction over the installation, operation, maintenance and repair of all electrical wiring and electrical equipment used in the construction, alteration and repair of buildings, structures, bridges, street and highway work, tunnels, subways, shafts, dams, river and harbor work, airports, mines, all present and future electrical raceways for electrical conductors, wires and cables and such other work as by custom has been performed by members of the IBEW when determined to be within the Inside branch in accordance with the third paragraph of the Section.

All electrical work as defined in the preceding paragraph and all equipment, tools, supports, materials and temporary light and power work used to accomplish such electrical work shall be performed by workers covered by this Agreement.

The Employer understands that the Local Union's jurisdiction--both trade and territorial--is not a subject for negotiations but rather is determined solely within the IBEW by the International President and, therefore, agrees to recognize and be bound by such determination.

Section 2.04. BETTER TERMS AND CONDITIONS. The Union agrees that if during the life of this Agreement it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concessions.

Section 2.05. EMPLOYER QUALIFICATIONS. Certain qualifications, knowledge, experience and proof of financial responsibility are required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an Employer who contracts for electrical work is a person, firm or corporation having these qualifications and maintaining a permanent place of business, a suitable financial status to meet payroll requirements and to meet compensation requirements for injured workers and other insurance or protective requirements, and employing not fewer than one journeyman wireman continuously.

Section 2.06. EMPLOYEE CONTRACTING. Employees covered by this Agreement shall not contract for any electrical work, except on behalf of their Employer.

Section 2.07. WORKMEN'S COMPENSATION. Each Employer shall carry workmen's compensation liability insurance as may be required by the laws of the District of Columbia, Maryland, Virginia, West Virginia and any other state in which such Employer performs work.

Such insurance shall be obtained from a company authorized to do business in the state in which work is performed, and each Employer shall furnish certification of its coverage to the Union.

Failure to comply with any portion of this Section shall be considered a breach of the whole Agreement between the Employer and the Union.

Section 2.08. MEDICAL ATTENTION. An employee injured while on the job shall be allowed sufficient time to obtain medical attention and shall be paid for time spent obtaining such attention, such pay not to exceed two (2) hours.

Section 2.09. JOB ACCIDENT REPORTS. Employees covered by this Agreement shall report all job accidents the same day they occur to the job foreman or, when there is no foreman on the job, to the Employer. The job foreman or, when there is no foreman on the job, the Employer shall send without delay a written report or copy of the accident report to the Employer's office and to the Local Union office when formally requested by the Business Manager or President of the Union.

Section 2.10. JOINT SAFETY RULES COMMITTEE. The Employer and the Union shall each designate five (5) representatives to the Joint Safety Rules Committee who shall serve until their successors are appointed. The Committee shall meet not less often than once each year to review the OSHA Safety Standards and consider the application of these safety standards within the geographical area of this Agreement.

Section 2.11. EMPLOYER TELEPHONE. An Employer shall maintain a place of business with a business telephone.

Section 2.12. WORK FORMS. The Employer shall submit to the Union office a work form for all jobs covered by this Agreement that will take more than one week to complete. This form, furnished by the Union, shall be a postcard form and shall contain the following information: (1) location of the job, (2) class of work--such as new, remodel, etc.--and, (3) approximate starting date.

Section 2.13. TERMINATION SLIPS. The Local Union shall furnish to the Employer Termination Slips which shall state the reason for termination. One copy shall be given to the Employee, one copy mailed to the Business Manager's office, one copy retained by the Employer, and one copy sent to the NECA Chapter office. The Termination Slip shall be signed by the job foreman or, when there is no foreman on the job, by the superintendent or other management representative of the Employer. If the Employee is not considered eligible for rehire, the completed termination slip will indicate that such ineligibility is for six months, for one year, or forever. A $20.00 payment shall be due an employee who does not receive a termination slip and his final pay at time of termination (lay-offs only).

Section 2.14. NOTICE OF VACANCIES. The Employer shall notify the Business Manager of the Union of all vacancies.

Section 2.15. MANAGEMENT'S RIGHTS. The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining Agreement in planning, directing, and controlling the operation of all his work, in deciding the number and kind of Employees to properly perform the work, in hiring and laying off Employees, in transferring Employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as foreman, in requiring all Employees to observe the Employer's and/or owner's rules and regulations not inconsistent with this Agreement, in requiring all Employees to observe all safety regulations, and in discharging Employees for proper cause.

Section 2.16. LENDING OUT. Employers shall not loan their employees to another Employer.

Section 2.17. DUES CHECK-OFF. The Employer agrees to deduct and forward to the Financial Secretary of the Local Union--upon receipt of a voluntary written authorization--the additional working dues from the pay of each IBEW member. The amount to be deducted shall be the amount specified in the approved Local Union By-Laws. Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

Section 2.18. TRAVELING EMPLOYER. An Employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that

Local Union=s jurisdiction into this Local=s jurisdiction and up to two bargaining unit employees per job from that Local=s jurisdiction to this Local=s jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

Section 2.19. UNION AS EXCLUSIVE REPRESENTATIVE. The Employer recognizes the Union as the exclusive representative of all its Employees performing work within the jurisdiction of the Union for the purposes of collective bargaining in respect to rates of pay, wages, hours of employment and other conditions of employment.

Section 2.20. UNION SECURITY CLAUSE. All Employees covered by the terms of this Agreement shall be required to become and remain members in good standing of this Union as a condition of employment from and after the thirty-first day following the date of their employment or the effective date of this Agreement, whichever is later. This provision is not applicable where prohibited by law.

Section 2.21. CREDIT UNION DEDUCTION. Each Employer shall participate in a Local 26 Credit Union deduction plan for any Employee who provides the Employer with proper authorization. The Employer is not obligated to initiate more than one such arrangement for any Employee within any 12-month period.

Section 2.22. STEWARDS CLAUSE. The Union has the right to appoint Stewards at any shop and/or job where workers are employed under the terms of this Agreement. The Employer shall be notified and furnished the name of the Steward. The primary function and job of any worker appointed Steward shall be that of a Journeyman Wireman. The Stewards shall be allowed reasonable time during the regular working hours without loss of pay to see that the terms and conditions of this Agreement are observed at any such shop or job. No Steward shall be discriminated against by any Employer because of his faithful performance of duties as a Steward, nor shall any Steward be removed from the job until notice has been given to the Business Manager of the Union.

Section 2.23. VOLUNTARY COPE CONTRIBUTION. The Employer agrees to deduct the amount of $.05 per hour for each hour worked from the wages of those employees who voluntarily authorize such deductions. These contributions will be used to fund the Local 26 Political Action Committee. These transmittals shall occur monthly, and shall be accompanied by a list of names of those for whom such deductions have been made and the amount deducted for each employee included in the benefit reporting form.

Section 2.24. FOREMAN CALL-BY-NAME. The Employer shall have the right to call Foremen by name provided:

(1) The Employee had not quit his previous Employer within the past two weeks.

(2) The Employer shall notify the Business Manager in writing of the name of the individual who is requested for employment as a Foreman. Upon such request, the Business Manager shall refer said Foreman provided the name appears on the highest priority group.

(3) When an Employee is called as a Foreman, he must remain as a Foreman for 300 hours or must receive a reduction in force.

Section 2.25. REFERRAL SLIP. All applicants for employment as wiremen shall present to the prospective Employer a referral slip, his/her work history (from the Electrical Welfare Trust Fund) reflecting hours worked by employees during the past three years under relevant collective bargaining agreements (providing this is in compliance with all local, state, and federal laws applicable to the jurisdiction), photo copies of the applicant's current journeyman's licenses, and copies of documents sufficient to establish the individual's eligibility for employment under the Immigration Reform Act.

Section 2.26. EMPLOYER=S LAY-OFF RIGHTS. When laying off employees under Section

3.20 below:

(a) The Employer shall have total discretion over who is laid off and who is not within each category in Section 3.20 (a).

(b) The Employer may retain an employee who has special skills such as high voltage cable splicing, welding, CDL, a security clearance, or other recognized industry certifications as long as such skills are required on that job and not possessed by an employee in a higher

GROUP.

(c) The Employer need not lay off an employee who possesses a valid journeyman=s license issued from a governmental authority from within the jurisdiction of this Agreement rather than any other employee who does not possess such a license, regardless of the employee=s

GROUP.

ARTICLE III

REFERRAL PROCEDURE

Section 3.01. GENERAL. 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.

Section 3.02. SOURCE OF APPLICANTS. The Union shall be the sole and exclusive source of referral of applicants for employment.

Section 3.03. REJECTION OF APPLICANTS. The Employer shall have the right to reject any applicant for employment.

Section 3.04. NON-DISCRIMINATION CLAUSE. 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 following procedure.

Section 3.05. REGISTER OF APPLICANTS. 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.

JOURNEYMAN WIREMAN - JOURNEYMAN TECHNICIAN

GROUP I All 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, have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the IBEW or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee and who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An applicant who qualifies for Group I in a local union shall be so registered electronically and remain on Group I in that local union unless and until the applicant designates another local union as his or her Group I local union. If an applicant qualifies for Group I status in a local union other than his or her home local union and designates that local as his or her Group I local union, the business manager of the new Group I status local union shall, by electronic means, notify the business manager of the applicant=s former Group I status local union. The Business Manager shall notify the employer of the employee whose group status changes under this provision.

GROUP II All applicants for employment who have four or more years' experience in the trade and who have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the IBEW or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.

GROUP III All applicants for employment who have two 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 three years in the geographical area covered by the collective bargaining agreement.

GROUP IV All applicants for employment who have worked at the trade for more than one year.

Section 3.06. REFERRAL PROCEDURE EXCEPTION. If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer's request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure but such applicants, if hired, shall have the status of "temporary employees".

Section 3.07. TEMPORARY EMPLOYEES. The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such "temporary employees" and shall replace such "temporary employees" as soon as registered applicants for employment are available under the Referral Procedure.

Section 3.08. NORMAL CONSTRUCTION LABOR MARKET. "Normal construction labor market" is defined to mean the following geographical area plus the commuting distance adjacent thereto which includes the area from which the normal labor supply is secured:

District of Columbia

Maryland Calvert, Charles, Montgomery, Prince George's, and St.

Mary's Counties

Virginia *Albemarle, Arlington, *Augusta, *Clarke, *Culpeper, Fairfax, Fauquier, *Fluvanna, *Frederick, *Green, *Highland, King George, Loudoun, *Louisa, *Madison, *Orange, *Page, Prince William, *Rappahannock, *Rockingham, *Shenandoah, *Spotsylvania, Stafford, *Warren, and Westmoreland Counties, the City of Alexandria, and the City of Fredericksburg (in Spotsylvania County), and the Townships of *Center, *Marshall, and *Scott

(NOTE: "*" indicates Shenandoah Zone)

The above geographical 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 3.09. RESIDENT. "Resident" means a person who has maintained his permanent home in the above 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 3.10. EXAMINATIONS. An "Examination" shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the IBEW. Reasonable intervals of time for examinations are specified as ninety days. An applicant shall be eligible for examination if he has four years' experience in the trade.

Section 3.11. OUT OF WORK LIST. The Union shall maintain an "Out of Work List" which shall list the applicants within each Group in chronological order of the dates they register their availability for employment.

Section 3.12. RE-REGISTRATION. An applicant who is hired and who receives, through no fault of his own, work of forty hours or less shall, upon re-registration, be restored his appropriate place within his Group.

Section 3.13. REFERRAL ORDER. Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager 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, GROUP III, and then GROUP IV. 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 3.14. REFERRAL ORDER EXCEPTION. The only exceptions which shall be allowed in this order of referral are as follows:

(a) When the Employer states bona fide requirements for special skills and abilities in his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities.

(b) The age ratio clause in the Agreement calls for the employment of an additional Employee or Employees on the basis of age. Therefore, the Business Manager shall refer the first applicant on the register satisfying the applicable age requirements provided, however, that all names in higher priority GROUPS, if any, shall first be exhausted before such overage reference can be made.

Section 3.15. APPEALS COMMITTEE. An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members.

Section 3.16. FUNCTION OF APPEALS COMMITTEE. It shall be the function of the Appeals Committee to consider any complaint of any Employee or applicant for employment arising out of the administration by the Local Union of Sections 3.04 through 3.15 of this Agreement. The Appeals Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with by the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of its business but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decision shall be in accord with this Agreement.

An applicant who is discharged for cause two times within a twelve month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant=s continued eligibility for referral. The neutral member of the Appeals Committee shall, within three business days, review the qualifications of the applicant and the reasons for the discharges. The neutral member of the Appeals Committee, may in his/her sole discretion:

(1) require the applicant to obtain further training from the JATC; (2) disqualify the applicant for referral for a period of two weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an employee assistance program, if available, for evaluation and recommended action; or (4) restore the applicant to his/her appropriate place on the referral list.

Section 3.17. INSPECTION OF REFERRAL PROCEDURE. A representative of the Employer or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

Section 3.18. REFERRAL PROCEDURE POSTING. A copy of the Referral Procedure set forth in this Agreement 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 3.19. TRANSFERRING AND HIRING OF APPRENTICES. Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the parties.

Section 3.20. REVERSE LAY-OFF PROCEDURE. When making reductions in the number of employees due to lack of work, Employers shall use the following procedures:

(a) Temporary employees, if any are employed, shall be laid off first. Then employees in GROUP IV shall be laid off next, if any are employed in this GROUP. Next to be laid off are employees in GROUP III, if any are employed in this GROUP, then those in GROUP II, and then those in GROUP I.

(b) Paragraph (a) will not apply as long as the special skills requirement as provided for in Section 3.14 (a) is required.

(c) Supervisory employees covered by the terms of this Agreement will be excluded from layoff as long as they remain in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate GROUP in paragraph (a) above.

ARTICLE IV

WORKING CONDITIONS - HOURS

Section 4.01. EMPLOYEE PROCEDURE. It is agreed that all electrical equipment and materials furnished by the electrical contractor shall be handled from the point of delivery on the job site and shall be installed by Employees covered by this Agreement.

Section 4.02. QUALITY OF WORK. Workers shall install electrical work in the District of Columbia in full accord with rules and regulations of the District of Columbia Electrical Department within its jurisdiction. All work installed outside the District shall be in full accord with the rules and regulations of the National Electrical Code or any department or other entity having jurisdiction. All work shall be installed in accordance with contract specifications and in a safe and workmanlike manner. Any violation of this Section shall be referred to the Labor- Management Committee.

Section 4.03. FAULTY WORKMANSHIP. If any work must be removed because of carelessness or faulty workmanship by a journeyman, the journeyman shall be required to make such corrections for which he or she is responsible on his or her own time and during regular working hours--provided, however, that representatives of the Labor-Management Committee have first made a finding that the work was deficient, and that errors were not made upon instruction of the Employer or the Employer's representative.

Section 4.04. FOREMAN AUTHORITY. On jobs having a foreman, workers are not to take directions or accept the layout of any job from anyone except the foreman or subforeman on the job or other management representative of the Employer in charge of the project.

Section 4.05. SUPERINTENDENTS. On jobs where there is a Foreman, the superintendent or other management representative will direct work only through the Foreman.

Section 4.06. AGE RATIO. On all jobs requiring five (5) or more Journeymen, at least every fifth Journeyman, if available, shall be fifty-five (55) years of age or older.

Section 4.07. PERSONAL VEHICLES. Workers shall not use personal vehicles for the transporting of material or Employer's tools.

Section 4.08. TRANSFER TIME. When a worker is to report to a new job for the next day's work, he shall be notified at least one-half (2) hour prior to quitting time the previous day and allowed sufficient time to gather his personal tools and equipment.

Section 4.09. OVERTIME DISTRIBUTION. No worker shall be sent from one job to work on an overtime job unless all workers on such overtime job are employed; however, any employee who has received a written warning (relevant to performance) from the employer in excess of 72 hours prior to the overtime shall forfeit his/her claim to overtime work. Superintendents and/or job foremen shall make equitable distribution of any overtime among all workers on any job or building.

Section 4.10. SAFETY MEASURE. On all energized circuits or equipment operating at 277 volts or more and/or on any energized circuits rated 1000 amperes or more, as a safety measure two (2) or more journeyman wiremen must work together. They shall be supplied with proper tools and protective equipment for such work.

Section 4.11. MACHINERY. There shall be no restriction in the use of machinery, equipment or power-driven tools. All such power-driven tools shall be supplied by the contractor.

Section 4.12. FABRICATION AND ASSEMBLY. Any pipe, wire, service or fixture assembly or other material necessary for the job including hangers and brackets not bent, fabricated or assembled on the job shall be cut, bent or fabricated by Employees covered by this Agreement.

The above does not apply to factory-made catalog items.

Section 4.13. COVERAGE OF AGREEMENT.

a) TEMPORARY FACILITIES. Where temporary lighting, heat and/or power is used on construction projects, the maintenance thereof is recognized as falling under the jurisdiction of the Union and is subject to the terms of this Agreement.

b) PERMANENT FACILITIES. Any heating and/or stationary or automatic heating boiler which is wired permanently through the permanent service equipment main panel board and protective devices shall require no maintenance.

Section 4.14. EMPLOYEE STORAGE. Where other trades are employed on a job, the Employer shall provide suitable storage for Employees' tools. If Employees' tools are lost due to theft or fire outside of working hours, the Employer will replace the lost tools (or reimburse the Employee) within 30 days after notification of the loss if both parties have previously verified which tools were on the job site, and if the tools were stored in a secure area designated by the Employer. If the Employer's insurance carrier covers loss by fire during working hours and if verification has taken place, the Employer shall reimburse the Employee for his/her tools.

It is understood that it may not be possible to provide secure storage on certain job sites.

If the Employer does not store his tools on the job site, the Employer shall not be responsible for Employee's tools. In such instances, Employees must assume responsibility for storage of tools.

Section 4.15. HOURS.

a) WORK DAY. Eight (8) hours' work between 5:00 a.m. and 5:00 p.m., Monday through Friday inclusive, shall constitute a normal work day except as stated in Section 5.02(a).

Thirty (30) minutes shall be provided for a lunch period.

The Employer, with twenty-four (24) hours' prior notice to the Union, may institute a work week consisting of four (4) consecutive ten (10) hour days between the hours of 5:00 a.m.

and 5:00 p.m., Monday through Thursday, with one-half hour allowed for a lunch period. Friday may be used as a make-up day and, if utilized, a minimum of eight (8) hours must be scheduled.

After ten (10) hours in a work day, or forty (40) hours in a work week, overtime shall be paid at a rate of one and one-half times (1-1/2x) the regular rate of pay. When four ten-hour days are worked, neither Saturdays, Sundays, or holidays specified in this Agreement shall be utilized as make-up days.

(b) REPORTING TIME. Workers shall report at any shop or job in the jurisdiction of this Union at the regular starting time and shall remain at work during the regular work hours, unless otherwise instructed by the Employer.

(c) EXCESS UNEMPLOYMENT. When unemployment of workers normally covered under this Agreement becomes excessive, the Labor-Management Committee may meet to consider temporarily amending Section 4.15(a) Work Day.

Section 4.16. CABLE SPLICING. On high voltage cable splicing jobs of such size that the splicer requires the assistance of a second worker, that worker shall be a journeyman wireman trained in cable splicing by the Joint Apprenticeship and Training Committee.

Section 4.17. SAFETY EQUIPMENT. Employees shall accept direction from the Employer in the use of safety goggles and other safety equipment. Employees shall wear footwear appropriated for construction work, as determined and directed by the Employer.

Section 4.18. RECALL. Provided an employee has worked for a contractor for at least the previous thirty (30) days, the Employer shall have the right to recall the employee up to thirty

(30) calendar days after termination from the company.

Section 4.19. JOB SITE CONDITIONS. The Employer shall insure that on all job sites safe, cooled drinking water is provided at all times, and that supplies to clean and wipe hands in a sanitary manner are provided.

Section 4.20. SHOW UP PAY. Any Employee reporting for work and for whom no work is provided, except due to inclement weather or other conditions beyond the control of the Employer, shall receive two (2) hours direct pay at the regular straight time hourly rate.

ARTICLE V

WAGES

Section 5.01. BASIC WAGE RATES.

(a) JOURNEYMAN WIREMEN WORKING IN THE METROPOLITAN ZONE. The following basic wage rates shall be effective for Journeymen Wiremen working normal hours:

EFFECTIVE DATES HOURLY RATE

June 1, 2015 $42.80 November 2, 2015 $43.20 June 6, 2016 $43.70 November 7, 2016 $44.15 June 5, 2017 $44.65 November 6, 2017 $45.15

(b) JOURNEYMAN WIREMEN WORKING IN THE SHENANDOAH ZONE. The following basic wage rates shall be effective for Journeyman Wiremen working in the Shenandoah Zone.

EFFECTIVE DATES HOURLY RATE

June 1, 2015 $29.04 November 2, 2015 $29.34 June 6, 2016 $29.72 November 7, 2016 $30.06 June 5, 2017 $30.44 November 6, 2017 $30.82

(c) APPRENTICES. The basic rate of wages for apprentices shall be the following percentages of the journeyman rate:

Periods OJT Hours Related Training 1 0-1000 Satisfactory Progress 45% 2 1000-2000 1st Yr. School Completed 47% 3 2000-3500 2nd Yr. School Completed 50% 4 3500-5000 3rd Yr. School Completed 60% 5 5000-6500 4th Yr. School Completed 70% 6 6500-8000 5th Yr. School Completed 80%

Section 5.02. OVERTIME AND SHIFT WORK.

(a) GENERAL. All work performed outside the regular scheduled hours, Monday through Friday and all day Saturday, shall be paid for at one-and-one-half times the regular straight time rate of pay--except two (2) times the regular straight time rate of pay shall be paid for hours worked in excess of sixty hours in an Employer=s work week, for employees who work all regularly scheduled hours in a five 8-hour day or four 10-hour day, forty hour work week.

All work performed on Sundays and unpaid holidays shall be paid at double the straight time rate of pay.

The employee must work forty (40) hours at the regular standard rate of pay, Monday through Friday, in order to qualify for the overtime rates Monday through Saturday. This forty

(40) hour requirement shall not apply if the employee is available to work during the standard workday but is not assigned such work by the Employer. Saturday hours may be used to complete the forty (40) hours, at the option of the employee, subject to the Employer=s determination of availability. The employee will not be penalized for time off for the following circumstances: prior notification to the Employer (before the end of the shift of the day prior to the day missed); death in the immediate family (spouse, mother, father, daughter, son, brother and sister); disabling job injury; major illness; vacation time; or a holiday recognized in the Agreement. These exceptions shall also apply on a pre-established work schedule of four (4) days at ten (10) hours. Serious, unforeseen circumstances will be dealt with on a case-by-case basis.

The recognized holidays within this agreement shall be New Year=s Day, Inauguration Day, Martin Luther King Jr.=s Birthday, Memorial Day, Independence Day, Labor Day, Veterans= Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day. These holidays shall be observed on the same days as holidays by the Federal Government for all Federal Employees. Inauguration Day is not a paid holiday. Journeymen and Apprentices period 2 through 6 who qualify, as described in this Section, are entitled to paid holidays. All hours worked on paid holidays shall be paid at double time and one-half the base rate of pay.

Journeymen must provide a copy of a current District of Columbia Journeyman=s license to the Employer prior to the given holiday to be eligible for paid holidays.

Apprentices must provide a copy of a current District of Columbia Apprentice license to the Employer prior to the given holiday to be eligible for paid holidays.

An employee must work for an Employer two weeks prior and the week following the holiday in order to qualify for a paid holiday. The employees must work the forty (40) hours at the straight time rate of pay, Monday through Friday, in order to qualify for the paid holiday.

The forty (40) hour requirement shall not apply if the employee is available to work during the standard workday but is not assigned such work by the Employer.