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EFFECTIVE
AGREEMENT
Entered into between
UTILITY AND TRANSPORTATIONCONTRACTORS ASSOCIATION
AND THEASSOCIATED CONSTRUCTIONCONTRACTORS of NEW JERSEY
and
LABORERS INTERNATIONAL UNIONOF NORTH AMERICA
HEAVY AND GENERALCONSTRUCTION LABORERS’
LOCALS 472 and 172of the STATE of NEW JERSEY
CONTRACTO
RCODE
MARCH 1,2015
FEBRUARY 28,2018TO
TABLE OF CONTENTS
Preamble1. U.T.C.A. and A.C.C.N.J. Recognition2. Union Recognition and Work Jurisdiction3. Territorial Jurisdiction4. Jurisdictional Disputes5. Hiring5A. Apprenticeship5B. Drug Free Workplace6. Union Security7. Pre-Job Conference8. Unemployment Compensation9 . Job Stewards10. Union Visitation Rights11. Picket Line12. Work Performance13. Featherbedding14. Subcontractors15. Safety Codes16. Work and Protective Clothing17. Grievance and Arbitration Procedure18. Wages19. Wage Payment Procedure20. Union Dues Supplement20A. N.J.S.L.P.A.C./L.E.R.O.F. Deduction21. Hours of Work21A. Owner Mandated Emergency Work
22. Partial Day Pay23. Foreman24. Shifts24A. Work at Nuclear Plants25. Lunch26. Driller’s Helper27. Watchmen28. New Work Classification28A. Work at Hazardous Waste Sites29. Higher Rate Classification30. Holidays Observed31. Holiday Pay32. Employee Discharge Pay33. Welfare Fund a) Rates b) Payment for Holidays c) Purposes and Coverage d) Employer Trustees e) Union Trustees f) Right to Audit34. Pension Fund a) Rates b) Payment for Holidays c) Purposes and Coverage d) Union as Employer35. Safety, Education and Training Fund36. Annuity Fund37. Vacation Fund
38. N.J. State Laborers Health and Safety Trust Fund39. NJ Laborers-Employers Cooperation and Education Trust40. Construction Industry Advancement Program41. Insurance for Employer’s Liability Under ERISA42. Collection Costs43. Fund Arbitration44. Fringe Benefit Payment Bond45. Subcontractor Assignment of Monies46. Successors in Interest47. Preservation of Unit Work48. Contractors Associations’ Agreement49. Renegotiation Notice50. Termination Date of Agreement51. Separability of Provisions52. Non Prevailing Wage Work53. Construction Specialist54. Favored Nations ClauseU.T.C.A. /A.C.C.N.J. Signature Page StipulationSignature PageIndex
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PREAMBLE
THIS AGREEMENT is made and entered into this 1st day of March, 2015, effective as of March 1, 2015, by and between the UTILITY AND TRANSPORTATION CONTRACTORS ASSOCIATION (U.T.C.A.) AND THE ASSOCIATED CONSTRUCTION CONTRAC-TORS OF NEW JERSEY (A.C.C.N.J.), (hereinafter designated as the “Employer” or “Association(s)” party of the first part, and LABORERS’ LOCALS NO. 472 AND 172 OF THE STATE OF NEW JERSEY, party of the second part, hereinafter designated as the “Union.” It is understood that the Utility and Transportation Contractors Association and the Associated Construc-tion Contractors of New Jersey are acting only as agents for the negotiation of this contract and that it is an agent for those persons, corporations or partnerships who have so authorized the Association, in writing, that they will be bound by this Agreement entered into by the Association on their behalf. In no event shall the Associ-ation be bound as a principal or an Employer or be held liable in any manner for any breach of this contract by any of the persons, corporations or partnerships as “Employers” who have authorized the Association to ex-ecute this contract on their behalf. It is further agreed and understood that the liabilities of the said persons, corporations or partnerships shall be several and not joint. It is further understood that the liabilities of the
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Unions signing this contract shall be several and not joint. It is the intent of the Agreement that it will be mutual. The Employer will cooperate with the Unions and said Unions will in turn cooperate with the Employer to the end that the work may be accomplished with the efficiency and economy that is necessary in order that the Agreement may prove of mutual advantage. No project labor agreement (PLA) may supersede this agreement or any of its provisions or articles without the mutual consent of the parties. A representative of the employer associations shall participate in any PLA negotiations. The Association represents that each of its mem-bers/employers has acknowledged and represented that they have recognized Local 472 or Local 172, (as the case may be), as the authorized representative of its employees performing work as hereinafter described in Section 2; and that each has been afforded the oppor-tunity to review the Local Union’s (Local 472 or Local 172) proof of its majority status as a representative of such employees. 1. U.T.C.A. /A.C.C.N.J. Recognition
The Utility and Transportation Contractors Association of New Jersey, it is understood, shall be the sole bargaining representative with the Union for all members of the Association carrying
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on work in this State as defined in this Agreement. The Associated Construction Contractors of New Jersey, it is understood, shall be the sole bargaining representative with the Union for all members of the Association carrying on work in this State as defined in this Agreement.
2. Union Recognition and Work Jurisdiction
The Employer recognizes the Union as the sole and exclusive collective bargaining representative for all employees employed by the Employer engaged in all work of any description whatsoever concerning the clearing, excavating (including vacuum excavation) including use of hydraulic, cable and clam shell equip-ment, filling, back-filling and landscaping of all sites, and when at the discretion of the Employer the Em-ployer chooses to place an employee for the purposes of spotting, dumping and counting of all trucks and the counting of delivery slips, that employee will be a laborer or foreman covered under this Agreement. In addition to all work concerning excavation, founda-tion, highway, driveways, the forming, pouring, placing and finishing of all concrete, including all work in connection with stamped concrete, the caulking and sealing of road joints, the handling and placing of stone, brick or concrete pavers including the cutting of same, the preparation and screeding of the bed, all tamping, sweeping and sanding in connection with
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their installation, the handling, the assembling and the installing of benches, bleachers, tables, garbage receptacles, and recreational, playground and related equipment, all roadway and site curbs including concrete, pads, slabs and approaches, parking lots, access roads, rock drilling of any kind irrespective of equipment used, blasting, the operation of directional drills, including the location of all drill heads, air track and hydraulic drills for any purpose, the operation of Geoprobe Drilling Systems (environment, Geotechnical, Crothermal, or Exploration), the operation of jackhammers includ-ing joystick controlled jackhammers, the operation of any ground penetrating radar device (GPR), sewers, water and sewage treatment plants, including the installation and maintenance of any temporary treat-ment plant or other system whose purpose to process, dewater, and/or treat water or any effluent of any kind, Power plants, electric sub stations, Co-generation facilities, pumping stations, resource recovery facilities, landfills, reclamation of hazardous waste sites; railroad tracks, jetties, groins, breakwaters or any other structure designed for protection of beaches or to stop beach erosion, including the installation, placing, loading, unloading, moving, storing, and tying together and all other work related to gabion baskets; the unloading, handling and installation of mesh and roadway mats, guiderail, the unloading and handling of fiberglass products, cold patch work, wrapping and coating of all
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pipe, and any removal of such, the demolition of struc-tures on the right of way of highway construction, the demolition of all types of structures when said struc-tures’ materials are not to be used again on a specific project, pre-cast erection, the handling and installation of all pre-cast products for retaining walls and other uses, the setting of portable and permanent fences and traffic barriers including but not limited to pre-cast barrier curbs, whether they be constructed of concrete, pre-cast, steel, plastics, or other materials, whether they be for sound protection, traffic protection, or construc-tion crew protection, all work in connection with noise walls constructed of pre-cast or other materials, and earth walls, to include sealing, coating, caulking and grouting, and pre-cast barrier curb, and all other work related to portable traffic barriers, landscape work, power buggy and duct line work, installation of fibre optic cable and all work related thereto, conduit work of any description, pipes, dikes, dams, reservoirs, tanks, heavy and general construction work, power washing by any method, sandblasting, burning and cutting involving demolition of, cutting and welding of railroad metals, all 3rd rail railroad work, operation of power spike pullers, power spike drivers, power track jacks, tamping machines and similar rail and track laying equipment, spiking of all rails, contact rails, third rail tracks and ties, including the welding, other fastening and other bonding of all running rails and
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tracks; the mixing, pouring and placing of grout, the drilling, grouting and installation of all dowels and anchor bolts, dry packing and concrete for all track related work including but not limiting to rails, ties, tracks, plates and columns; placing and tamping of ballast by hand or mechanical means, all mastic and membrane waterproofing on all roads, bridges, tunnels, shafts, landfills, retaining walls, foundations and other structures, application by any means of anti-corrosion or protective coatings of all types to steel beams, supports and all like structures, loading, un-loading, unrolling, deployment, seaming and attachment to structures of lining geotextiles, geomembranes, other geosynthetic materials, artificial turf, and tempo-rary geomembrane cover of methane barrier materials including but not limited to attachment of said materials to structures, all epoxy work, the tending of heaters when fueled by solid fuels, propane, diesel fuel, kero-sene, charcoal or coal, as normally used for temporary heat and/or curing of concrete, the operation and maintenance of generators as may be needed on construction sites, the placing, maintenance and filling of water coolers, the handling of all construction materials and other work in the State of New Jersey as defined and fixed in the Manual of Jurisdiction (Part 1) of October 1961 of the Laborers’ International Union of North America, incorporated herein by reference. It is agreed that all work described in this Agreement or in
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the Manual of Jurisdiction shall be performed only by employees covered by this Agreement. It is specifically understood that bargaining unit work within the meaning of this Article and this Agreement, includes any work performed in connection with carrying of lumber to the point of erection, unloading of forms, cleaning of lumber, oiling of forms, and the final strip-ping of forms on any structure which will not be used again on that particular project, including but not limited to the installation and removal of shielding, overhangs, brackets, catches and the removal and cut off, by any means, of all sheeting and piles, any sheeting and temporary shoring when installed and removed with an excavator and hammer, the coring, drilling, handling and use of templates for installing and grouting anchor bolts, the operation of core drills and the un-loading, handling and installation of liner plates either vertical or horizontal, pipe or conduit of all kinds and of any description and for whatever purpose including, but not limited to, all work connected with the loading, unloading, installation, distribution or handling of scuppers, down drains or pipe or conduit of any kind or description, or any other material used in the performance of work as set forth above; all work connected with the loading, unloading, installation, distribution, or handling of fibre optic cable, all labor work (including skilled and semi-skilled) for the construction or an installation of utility lines, metallic
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and nonmetallic, clay, Terra-cotta, ironstone, vitrified and steel pipe, concrete, concrete reinforced, cast iron, fiberglass, Orangeburg, transite, plastic, etc. pipe for storm and sanitary sewers and drainage, methane recovery systems, process piping, fusion of pipe; breaking of any pavement by any method, laser operations for pipe installations, water lines; pumping stations; water and sewage treatment plants, solid waste and sludge disposal and recycling plants; cables; ducts; air lines; gas lines, steam lines, conduit lines, making and fusing of joints; setting and driving of sheeting and lagging and shoring of all ditches, trenches, chambers and underground structures; trenching; manhole erectors and installing and finishing of channels and benches in manholes and other underground structures; installation of well points, the installation of coffer dams, wick drains, or any other de-watering system, pumps up to but not including 6 inches, digging and backfilling of all ditches, cutting of streets and surfaces and refinishing of same, in free air tunnel projects; all other utility work and projects relating to drainage, sanitation, sewage disposal, irrigation, flood control, water supply and similar utility construction work, whether such work is or is not part of, or incidental to building construction and/or improvement, and whether such work is inside or outside of property lines on public or private property, on or off streets, on highways, and bridges or on or off building or other construction sites or
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landfills; in regard to building, all work as described above shall be performed from the point of first connection outside the building foundation; all the unloading and distribution of all pipe and material used in the performance of work as set forth above; the installation of utility meters, all the service connections of pipe from main sewers or water lines to the point of first connection outside the building foundation and all laying and installing of pipe, the relining, cleaning, coating and sealing of all pipe and making of all connections and/or joints, including fire hydrants and standpipes on any and all types of pipe for water, sewer and/or any other uses. The loading, unloading, handling, setting and installation of energy related technology, including, but not limited to, solar panels, solar roadway pavement markers/delineators, wind mills, and all related braces, framing, structures, regardless of material composition. In construction of open cuts all work in connection with piling and in connection with bracing and lagging: all work involving “Krings System” projects or other similar systems: and in construction of piers, wharves and other structures requiring the use of heavy fram-ing of wood, steel, or concrete as bracing against water and earth pressures and the installation and testing of all types of tie-backs: the erecting of all materials used (i.) up to and including the ordinance piece or piers (ii.) up to the deck of bridges over water and approaches
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thereto, and (iii.) up to the corresponding member of other structures. The positioning, placing and pouring of concrete, grout, sand or stone into pipe piles, shell piles, caissons and monotube piling by any method, (including truck, crane bucket or pump). All manufacturing and laying of sheet asphalt, cold mix and bituminous mixtures, including burners and heaters on new and repair work and all other asphalt work of any nature whatsoever including but not limited to roadways, airports, parking lots, drive-ways, site work, the operation of any laser screed, all trench and pothole restoration by any means and all hot mix asphalt work. The transportation, and loading and unloading, as when directed by the Employer, on the project site or from the yard, of all tools, material, equipment and personnel (excluding all personal transportation) pertaining to all jurisdiction covered under this agree-ment and when directed by the employer, the oper-ation of All Terrain Vehicles (ATV’s), Multi Purpose Amphibious Vehicles (“MPAV’s”) compact utility loader (also called a “dingo”), mason dumps when performing masonry work, pickups when used by the foreman and in the territorial jurisdiction of Local 172 and 472 as referenced in Article 3, the operation of all mason dumps, pickups and vehicles used for protection and maintenance of traffic at the applicable rate, and the use of all GPS and GPS Rovers and related devices for
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the grading and transfer and checking of grades on all projects and roads covered by this Agreement. All flagmen, traffic directors or at the discretion of the employer, traffic control coordinators or any other person engaged in directing traffic, protecting cross-ings, safeguarding the public or any private persons or property, or otherwise engaged in any other safety duties shall be covered by this Agreement, where local conditions permit. Laborers covered by this Agreement, who are appropriately certified, shall perform the rigging and signaling of all cranes when working on any work ju-risdiction covered in this Agreement. The Laborers shall clean the “tracks” of all track equipped vehicles. The parties hereto agree this Agreement covers employment for wall sawing, flat-sawing, core drilling, wire sawing, grinding, saw cut grooving and polishing of concrete floors by use of any walk behind or ride on/seated equipment, highway/corrective diamond grinding and demolition of concrete and robotic demolition machines, such as the Brokk, etc. all which utilize various sawing machines, and curb saws used in the industry. This agreement is to include the use of a circular blade on track-mounted machines used to cut door, window or vent openings. This agreement shall not be limiting in nature as to the thickness of the wall to be cut. Also included in this jurisdiction is the use of flat sawing for the cutting of floors, bridges and pavements.
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As technology improves, the type of blade may change and any changes in technology shall be included as cov-ered employment under this Agreement. Flat saws with diamond blades mounted on a walk behind or ride-on machines, which may be hydraulic, gas, diesel or electric powered. All core drilling techniques and equipment are covered under this Agreement. Wire sawing by use of a multi-strand. The parties hereto agree that in addition to the fore-going work as described above, the following work shall be considered to be within the Work Jurisdiction of this Agreement. 1. Welding, burning, erecting, calibrating, align-ing, starting-up and testing, adjusting, repairing, and the maintaining of all machinery and equipment, be it powered by, or receiving power from, steam, gas, gasoline, diesel, jet, electric, pneumatic, water, solar, thermal, mineral, atomic, rocket, nuclear, chemical, wind or any other source, regardless whether temporarily or permanently. Some of the locations in which you may find machinery, equipment and their components are: recycling plants, foundries, ore reduction plants, water, sewage and chemical treatment plants, fertilizing and mixing plants, breweries, dams and bridges, coal yards, ethanol or similar type facilities, bio-mass facilities, pharmaceutical facilities, incinerators, co-generation, coal gasification and power plants.
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2. Setting of all motors and pumps. 3. Stone crushing and gravel washing plants, crushers, screens, revolving or eccentric, rolls, fan con-veyors, all conveyors, belt, chain, screw, whether boxes be of steel, iron or wood. 4. The assembling of all train rails, mono rails, overhead cranes or all travelers where no hot rivets are used in assembling same. 5. Setting all beams or timbers used in the recep-tion of machinery and drilling of holes, necessary for the foundation whether they be of wood or steel, stone, concrete or other materials, whether rachet or power drills are used. The erection and dismantling of machin-ery conveyors. 6. All sewage disposal machinery. 7. Sewage and Water Treatment Plants – disas-sembly, fabricating, rigging, erecting and aligning of skimmers, rake mechanisms, feed wells, baffles, scum troughs, degritting equipment, bar screens, communitors, mixers, pumps, aeration systems, blowers, membrane filtration systems, sequencing batch reaction systems, including any related piping or duct work, filter presses, sand filtration systems (excluding the filtration media and associated earth-works), ultra violet rack systems, mechanical drive assemblies, conveyors, mono rails, gates and setting odor control equipment, (excluding heating, ventilating and air conditioning work or associated earthworks).
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The setting of thru-clean bar, straight line bar, trash, tritor drum, and disc screens, straight line grit, cir-culine grit, circuline sludge, and circuline mixer col-lectors, straight line, flash, horizontal slow, vertical slow, and vibra flow feeder machines, pre-aeration and settling tanks, covers for tanks, bowls and basins including stationary or mechanical covers regardless of materials, thickeners, rotoline distributors, sludge bed cleaners, digestion systems, heaters, dyna-grind sewage screening grinders, screw pumps, spiral classifer, agi-tators, junk remover, hydro pupler, cooling fans, lube systems, selectifier screens, hydrosensors, fuel blowers, grizzly screens, trommels, table feeders, dryers, opti-cal sorters, high tension separators, grip dewatering screens, flash mixer, horizontal slow mixer, vertical slow mixer, vibra-flow feeder machine, circuline grit collec-tors, pre-aeration and settling tanks, circuline sludge collectors, circuline mixer collectors, grip dewatering screens, filter, cone and rotary presses, comminutors, barminutors, degreasers, rotometers, dehumidifiers, benches, washers for cars, trucks, buses, trains and other types, hydraulic units, shroud boxes, silencers, scales, load cells, eddy current clutches, disintegrators, dehairing machines, grain handling devices, labora-tory equipment, machine shop equipment, ladle cars, stunning pens and doors, activation equipment, racks, material handling platforms, transition pieces, the handling and installation of pulleys, gears, sheaves and
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fly wheels, air vacuum, worm, belt, friction, rope, chain and gear drives that are directly or indirectly coupled to motors, belts, chains, shafts, or screws, installation of legs, boots, guards and boot tanks, all bin and diverter valves, turn hands and indicators, shafting, bearing cable sprockets, cutting of all key seats in old and new work, troughs, chippers, calendars, rolls, winders, re-winders, slitters, cutters, wrapping machines, blowers, forging machines, pneumatic, electric and hydraulic rams, extractors, expellers and extruders, ball and dust collector, splicing of ropes and cables. 8. Rock, sand and gravel plants, batch or aggregate plants, recycling equipment, crushers, conveyors, chutes from one piece of mechanical equipment into another piece of mechanical equipment, or from a vessel into a conveyor, or into other places or mechanical equipment or other mechanical equipment used (for the purpose of description only) to excavate material from one area to an-other from highways, roadways or elsewhere.
Tunnels Historically, the Union as the sole representative of the employees covered under this Agreement, has acquired and maintained an expanded craft jurisdiction in the construction of new tunnels or in the repair, rehabilitation or modification of existing tunnels. The work in tunnels to be performed by employees covered under this agreement is as follows but not limited to:
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All work for all tunneling operations, including but not limited to subways, railroads, sewer, water, vehicular and utility tunnels and all shafts, manholes and access ways in connection therewith, all work in connection with but not limited to, the excavation, dewatering, shor-ing, forming, the pouring, placing and finishing of con-crete and grout and the reinforcing of same by any means, the bolting and securing of any structural support system, the handling and installation of all pre-cast products, the loading, unloading and handling of all materials, the changing and sharpening of all bits, heads and cutters, the operation of hoists, road headers, air tuggers and hydrau-lic jacking systems, the installation of temporary wiring, all signaling, caulking, mining, the operation of drilling machines, drilling and blasting, the laying of all pipe and conduit and other work. The broader scope of the tun-nel jurisdiction covered under this Agreement is further identified in the tunnel classifications as stated under Ar-ticle 18 of this Agreement, whether in compressed air or free air or by soil solidification methods or otherwise in rock or in soft ground and whether driven by liner plate, by shield, by mole or otherwise. Such operations are here-inafter collectively referred to as “the trade”.
The employer recognizes that the Union has acquired jurisdiction of the tunnel work described above and agrees that it will not assist or abet vio-lations of such acquired jurisdiction in the hiring of
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employees or in the continuation of employment of employees performing such work. Any work jurisdiction now exercised by Heavy and General Laborers’ Locals 472 and 172 of the Laborers’ International Union of North America shall be recognized by the Utility and Transportation Con-tractors Association and the Associated Construction Contractors of New Jersey.
3. Territorial Jurisdiction This Agreement defines the territory of Heavy and General Laborers’ Locals 472 and 172 as follows: Local No. 472 covers Hudson, Bergen, Passaic, Morris, Warren, Essex, Union, Middlesex, Hunterdon, Sussex, Somerset, and Monmouth Counties. Local No. 172 covers Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Ocean, and Salem Counties.
4. Jurisdictional Disputes In the event of a jurisdictional dispute arising under this Agreement, there shall be no work stoppage, picketing or slowdown.
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It being the intention of the parties hereto to protect the working conditions and standards established by the parties and to preserve the job and work oppor-tunities for employees covered by this Agreement, the Employer shall not assign any of the aforementioned work to employees who are not covered by this Agree-ment. Any such assignment of work to employees, other than employees covered by this Agreement, or any violation of Article 14 of this Agreement shall be considered a grievance which may be submitted by the Union to final and binding arbitration by any arbitrator selected from a list of six (6) arbitrators established by mutual agreement of the Union and Employer within thirty (30) days of the signing of the Agreement by the Union and Employer. The six (6) arbitrators shall be selected from such arbitrators provided by the New Jersey State Board of Mediation within thirty (30) days of the signing of this Agreement. In the event the par-ties have failed to make such selection, then the Union and particular employer against whom the grievance has been filed shall select an arbitrator from a list sup-plied by the New Jersey State Board of Mediation in accordance with rules and regulations of such Board for expedited arbitrations. The hearing shall be held promptly and in no event more than seven (7) days after the selection or appointment, as the case may be, of the Arbitrator.
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HIR
ING
The Employer agrees that he shall not be a party to the National Joint Board for the Settlement of Jurisdictional Disputes, or its successor, nor shall he submit any work dispute to said Board. In the event the Employer vi-olates this paragraph of the Agreement, the Union, without notice to the Employer, may apply to any court having jurisdiction or to any arbitrator on the Official Arbitrator List of the New Jersey State Board of Mediation for an order requiring the Employer to cease and desist from being a party to, or submitting to, the Joint Board. In the event the Employer has already notified, or submitted to, the Joint Board, the order shall require the Employer to withdraw the notification or submission. The Employer shall be liable for all losses incurred or damages sustained by any person as a result of any submission or notifi-cation to or participation in the Joint Board.
5. Hiring It is the intention of the parties that this Agreement shall constitute a non-exclusive hiring hall arrangement, but the Union shall be given equal opportunity with other sources to supply on a nondiscriminatory basis the Employer’s requirements for qualified employees, subject, however, to Article 5A below. There shall be no unlawful discrimination by the Employer or the Unions with respect to the hiring, ten-ure, or discharge of any workman or the referral of any
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person for employment and shall not be based on, or in any way affected by Union membership, bylaws, rules, regulations, constitutional provisions or any other as-pect or obligation of Union membership, policies or requirements, and any requirements as to membership or non-membership in any Union shall be in accordance with the National Labor Relations Act of 1947, as amended. When an Employer hires men1 from sources other than the Union, a party to this Agreement, the Union shall be notified by the Employer giving the name, ad-dress, and classification of the men hired, within three (3) days from the date of employment. Failure by an Employer to notify the Union headquarters within said three (3) days shall constitute a violation of this Agreement and shall be cause for the employees of such Employer to strike. The Employer retains the right to reject any job applicant referred by the Union. No applicant for employment, or employee cov-ered by this Agreement shall be discriminated against
1WHENEVER THE TERM “MAN” OR “MEN” IS USED HEREIN, EITHER ALONE OR AS A JOB DESCRIPTION SUCH AS “FOREMAN/FOREMEN” OR “MAINTENANCE MAN OR MEN” THE SAME SHALL BE CONSTRUED FOR ALL PURPOSES TO IDENTIFY LABORERS WITHOUT REGARD TO GENDER.
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by reason of race, religion, color, place of origin, age, sex, or sexual orientation and the parties hereto agree to comply with any and all state and federal laws, rules and regulations promulgated pursuant thereto, guaran-teeing civil rights and equal employment opportunity to all persons. This clause is especially cognizant of the responsibilities under Executive Order 11246 and any order or regulations promulgated subsequent thereto. The Associations and the Union will work together to develop language establishing a web-based program listing certifications and training of employees which can be accessed by contractors.
5A. Apprenticeship The Union and Employer Associations have estab-lished the Construction Craft Laborers’ Apprenticeship Program (CCLAP). New applicants for employment who are not members of the Union shall within five business days provide the Apprentice Coordinator, with reasonable proof that they have 4,000 hours or more ex-perience as Construction Craft Laborers. Those appli-cants who cannot demonstrate 4,000 or more hours of experience as Construction Craft Laborers shall with-in five (5) business days apply to the Apprenticeship Program. Any applicant rejected by the Program, or who fails to complete his or her application or other Program requirements for acceptance, or if accepted,
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fails to maintain or complete his or her Apprenticeship, shall be terminated by the Employer upon notice of the same by the Apprenticeship Coordinator. If at any time the employer’s workforce covered under this Agreement does not conform to or meet the ratio which may be established in the Apprentice standard except those instances where an excess of apprentices are em- ployed, it shall not be a violation of this Agreement nor shall it be a matter to be remedied by either party or any participant covered by this Agreement under Article 17 of the Grievance and Arbitration procedure. (1) The Apprenticeship and Training Standards approved by the Federal Bureau of Apprenticeship and Training are hereby incorporated by reference as a part of this Agreement. (2) Apprentice Wage Rate Schedule The Apprentice program consists of a 4,000 hour training cycle. The Apprentice wage rate for each period of the apprenticeship is expressed as a percentage of the skilled Construction Craft Laborer journeyworker rate specified in the collective bargaining agreement. The Employer may pay a higher rate at its option. However, the Apprentice must meet his or her commitments to the Joint Apprenticeship Committee regardless of the level being paid. The schedule that follows provides for four equal periods of approximately 1,000 hours of work and training each.
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First period at 60% of the lowest journeyworker rate; Second period at 70% of the lowest journeyworker rate; Third period at 80% of the lowest journeyworker rate; Fourth period at 90% of the lowest journey-worker rate. (3) Apprentice Fringe Benefit Schedule The employer shall contribute to all of the benefit funds provided for under this Agreement with the ex-ception of the Annuity Fund and the Vacation Fund. However, the Employer may contribute to the full complement of fringe benefit funds established under this Agreement. (4) Entry into the apprenticeship program shall be controlled by the JATC, which shall employ appropriate testing and screening procedures. An Apprentice advances from one hours-of-credit and wage rate category to another only upon determination of satisfactory performance by the JATC. (5) The Employer shall participate in the appren-ticeship program by accepting apprentices for employ-ment upon referral by the Union. The Employer is not obligated to accept more than one (1) Apprentice for every three (3) Journey Workers. (6) An Apprentice should, whenever possible, be rotated by the Employer through different types of work so as to become trained in a variety of opera-tions and work skills. Where the Employer is unable to provide an Apprentice with experience in the full
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UN
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ITY range of craft skills, the JATC may request the Local
Union to reassign the Apprentice to other employment in order to provide that experience. For so long as the Employer is able to provide the necessary range of employment experience, the Employer may choose to retain the apprentice from job to job but shall notify the Local Union and JATC of all reassignments. (7) An Apprentice shall not work on the jobsite unless supervised by a Journey worker. (8) An Apprentice shall not be penalized for taking off from work to attend offsite training (though time off for training is unpaid).5B. Maintenance of a Drug Free Workplace It is the intention of the parties to this Agreement to provide a drug free workplace and to establish guidelines to accomplish it, which may include pre-hire testing and post accident testing, along with other provisions that would be mutually agreed upon by both Union and Association, details of which will be established by a joint committee of Union and Association. It is understood that the provisions outlined by this Article and the procedures established by the Committee are applicable only insofar as they are legally determined to be a proper matter for collective bargaining.
6. Union Security Employees of the Employer who are members of the Union in good standing on the execution date of this Agreement shall remain members in good stand-
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ON
ing as a condition of employment. Those who are not members on the execution date shall apply to become members seven days following the execution date. All employees covered by this Agreement hired on or after the execution date shall apply to become members of the union seven days following the beginning of their employment or the execution date, whichever is later, and shall remain members as a condition of employment. All working foremen shall be or become members of the Union in accordance with this Article.7. Pre-Job Conference In order to minimize site problems, a pre-job conference will be held between the Employer and the Union on projects where the job cost is $10,000,000 or more unless requested by the Union. The Employer shall give notice to the Union of such job and the parties shall agree to a mutually acceptable time and place for the pre-job conference.
8. Unemployment Compensation The Employer shall immediately, upon the com- mencement of a job, elect to become covered under the terms of New Jersey Revised Statutes 43:21-8 (c) (Unemployment Compensation Coverage Laws). The Employer will immediately obtain the necessary forms for electing to cover his workers represented by the Union under the terms of the aforesaid Act. The
30
Union will provide the consent of its members who are employees of the Employer. Failure to so elect and comply under the above revised statute shall constitute a breach of the contract and the Union will reserve the right to withdraw its members from employment upon the occurrence of the breach.
9. Job Stewards The Union shall select a Job Steward for each par-ticular job from any source and he shall be the last man laid off at the particular job. In the event the Steward is selected from a source other than the Employer’s work complement he shall be a working employee who shall be competent to perform laborers’ work. When a shop stew-ard serves as the Traffic Control Coordinator, he shall be paid at the contract C Rate of pay plus the additional premium of $.40 per hour as the shop steward. The Employer recognizes the right of the Union to appoint one of its members to act as Job Steward in all instances where laborers are employed regard-less of how many jobs an Employer may have. The Job Steward shall see that the provisions of this Agreement are being complied with and shall try to adjust minor disputes. He shall be given sufficient time to perform his duties and shall not be discriminated against for doing so. He shall make out weekly steward reports to his Local Union, and shall report all grievances to the Union Business Representative.
JOB
STE
WA
RD
S
31
To carry out these duties the Job Steward is to be on the job at all times when any laborers are working or laborers’ work is being done, including overtime, and until the job is completed. He shall be the last laborer on the job, unless he is not competent in the performance of his assigned work. In such event, he shall be replaced by another laborer appointed by the Union Business Manager. The Union Business Manager reserves the right to remove and/or replace the Job Steward at any time he sees fit. The Job Steward may not be laid off without notification to the Union Business Manager.
10. Union Visitation Rights The Union’s representative shall be allowed to visit the job sites during working hours to confer with rep-resentatives of the Employer and workmen, but they shall not interfere with or hinder the progress of the work.
11. Picket Line It shall not be a violation of this Agreement, and it shall not be a cause for discharge or disciplinary action in the event an employee refuses to enter upon any prop-erty involved in a lawful primary labor dispute, or refuses to go through or work behind any lawful primary picket line, including the lawful primary picket line of Unions party to this Agreement, and including lawful primary picket lines at the Employer’s place of business.
UN
ION
VIS
ITAT
ION
RIG
HTS
PIC
KET
LIN
E
32
It shall not be a violation of this Agreement and it shall not be a cause for discharge or disciplinary action if any employee refuses to perform any service which his employer undertakes to perform as an ally of an Employer or person whose employees are on strike and which service, but for such strike, would be performed by the employees of the Employer or person on strike. The foregoing shall be operative only to the extent permitted by law. Nothing therein contained is intended to be a contract or agreement, expressed or implied, which in any manner violates any federal or state law as presently enacted or as amended or interpreted during the term of this Agreement. In any event, however, to the extent that this Article shall be determined by a court or agency of competent jurisdiction in any manner to violate federal or state law as presently enacted or as amended or interpreted during the term of this Agreement, this Article shall be inoperative and void but any other provisions of this Article not determined to violate any laws, shall remain in full force and effect.
12. Work Performance The Employer shall be sole judge as to work performed and whether or not the work is performed satisfactorily by the workmen. The Employer shall have the right to discharge any unsatisfactory work-men, regardless of classification.
WO
RK
PER
FOR
MA
NC
E
33
SUB
CO
NTR
AC
TOR
SFE
ATH
ERB
EDD
ING
13. Featherbedding Neither the Union nor any agent, representative, or member shall insist that the jobs be over-manned and the Employer shall be sole judge of the job require-ments.
14. Subcontractors a) A subcontractor is defined as any person, firm or corporation who agrees with any Employer, or with a subcontractor of an Employer, to perform any part or portion of the work covered by this Agreement or the Manual of Jurisdiction. b) It being the intention of the parties hereto to pro-tect the working conditions and standards established by the parties hereto under this Agreement, and to preserve the job and work opportunities of the employ-ees covered by this Agreement, if an Employer bound by this Agreement contracts or subcontracts any work covered by this Agreement to be done at the site of con-struction to any subcontractor who is not signatory to the Agreement, the Employer shall require such sub-contractor to be bound to an Agreement with the Union for the duration of his project only. Such subcontractor shall adhere strictly to the economic standards (i.e., wages, hours, fringe benefit contributions and working conditions) contained in his Agreement.
34
SAFE
TY C
OD
ES c) The Employer will give written notice to the Union of any subcontract involving the performance of work covered by this Agreement within five (5) business days of entering into such subcontract and shall specify the name and address of the subcontractor. d) If any subcontractor shall become delinquent in the payment or meeting of the obligations set forth above, the Union shall give written notice thereof to the Employer and subcontractor specifying the nature and amount of such delinquencies. More than one such notice may be given with respect to delinquencies. e) In the event the Employer violates any condi-tions of this Article the violations shall be considered a grievance and may be submitted to arbitration in ac-cordance with the grievance and arbitration provision of the Agreement for appropriate relief under Article 4 or Article 43.
15. Safety Codes The Employer agrees to abide by the Safety Codes, and rules and regulations of the Safety Codes of the State of New Jersey and the Federal Government. Any inju-ry to an employee resulting from the Employer’s failure to comply with any state or federal law or regulation or municipal ordinance relating to requirements on any job for the safety and protection of the employees shall be the sole responsibility of said Employer.
35
GR
IEVA
NC
E
16. Work and Protective Clothing The Employer is to furnish suitable working clothes for rainy weather, provide sanitary rain gear before it is transferred to another employee, and pro-vide sanitary water containers on the job with ice and cups when climatic conditions require. The Employer shall also provide appropriate gear and clothing to employees during any inclement weather or as the circumstances may warrant. Appro-priate cleanup and dress up accommodations shall be provided for employees covered under this Agreement unless the job is spread out or of short duration. Addi-tional sets of such gear and clothing shall be provided upon return of the set originally issued.
17. Grievance and Arbitration Procedure Any dispute concerning the interpretation, con-struction or application of this Agreement, including disputes concerning whether the discharge, termination or discipline of any employee was for just cause, shall be considered a grievance. The Employer and the Union first shall attempt to informally resolve any such grievance by a Joint Committee, if requested by either party. The Joint Committee shall consist of two Union representa-tives and two Employer representatives. Failing amicable adjustment, either party may submit the grievance to the New Jersey State Board of Mediation for final and binding arbitration. Only the Union and the Employer shall have
36
the right to submit a grievance to arbitration. Should a grievance arise on the designation of a Job Steward, the Union shall have the right to pursue arbitration expeditiously. The arbitrator shall have the right to order any appropriate remedy for any losses incurred by any la-borer, Fund, Union or Employer for violation of this Agreement. However, anything to the contrary in the Agreement notwithstanding, only the Union, the Fund’s Trustees or the Employer shall have the right to submit any grievance to arbitration. Any dispute in connection with the substantive or procedural arbitra-bility of a matter shall be resolved by the arbitrator. Except as provided for in Article 42, the Employer and Union shall bear their own cost and expenses of the arbitration, and the Arbitrator’s fees and costs shall be borne equally by the Employer and Union. It is hereby agreed and understood that until final decision has been rendered as above provided there shall be no lockouts of any sort by the Employer nor shall there be any strike or stoppage of work of any sort by the Union or their members, except for reasons spe-cifically set forth in other provisions of this Agreement, and all grievances or complaints of any sort that may arise from either party over the interpretation or appli-cation of the terms of this Agreement are to be submit-ted as hereinabove set forth. It is agreed that if the Employer fails to pay wages as agreed upon herein, or fails to comply with the pro-
37
visions of Article 5 or 14 of this Agreement, or fails to pay holiday time, or to submit reports and proper con-tributions to the Welfare, Pension, the Safety, Education, and Training, Annuity Fund, Vacation, L.E.C.E.T., N.J.S.L.H. & S.T.F., or Industry Advancement Funds, as required herein or fails to require employees to maintain Union security, as provided herein, or fails or refuses to allow an inspection of payroll, employment and related records of employees as permitted by Arti-cles 33 and 34 of the Agreement, then any such failure shall be deemed an “open breach” of this Agreement, not requiring arbitration and the Union shall have the right to picket or to call a strike or work stoppage until the “breach” is corrected. In the event the Union conducts a work stoppage for any of the reasons permitted by the Article, the Employer shall reimburse employees for all wages and fringe benefits lost as a result of the workstoppage for the first day of the stoppage. In the event the stoppage continues beyond one day, the Employer’s liability shall be limited to one day’s pay. In the event the em-ployees return to work, but the Employer nevertheless fails to cure the violation, the Employer shall again be liable for the wages and benefits lost on the first day of the stoppage and of each successive stoppage.
38
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
18. Wages It is agreed that the classification of work, rates, payments and wages shall be in accordance with the following terms and conditions. No employee shall suffer any decrease in rates received on February 28, 2015.
39
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
Loca
l 472
& 1
72 W
age
and
Frin
ge B
enefi
t Rat
esW
ages
3/1
/201
5
9/
1/20
15
3/
1/20
16
9
/1/2
016
3/1/
2017
D
Rat
e: b
asic
labo
rer,
$
35.7
5
$36
.25
$3
6.75
$
37.6
0
$38.
75
land
scap
e lab
orer
, rai
lroad
trac
k la
bore
r, ut
ility
met
er in
stalle
r, tra
ffic d
irect
or/fl
agm
an,
sala
man
der t
ende
rs, p
itmen
, dum
pmen
, asp
halt
labo
rer (
Loca
l 472
onl
y), s
lurr
y se
al la
bore
r (L
ocal
472
onl
y), r
aker
s and
tam
pers
on
cold
pat
ch w
ork,
wra
pper
s and
coat
ers o
f pip
e,w
ater
proo
fers
, tim
berm
an, w
agon
dril
l help
er, d
rill m
aste
r help
er, p
owde
r car
rier,
mag
azin
e te
nder
, sig
nal m
an, p
ower
bug
gy o
pera
tor,
tree c
utte
r and
the o
pera
tion
of su
ch o
ther
bas
icpo
wer
tool
s use
d to
per
form
wor
k us
ually
don
e man
ually
by
labo
rers
. Cer
tified
Haz
ardo
us
Was
te L
abor
ers (
See f
ootn
otes
a&
b)
3/1
/201
5
9/
1/20
15
3
/1/2
016
9/1/
2016
3/
1/20
17C
Rate
:
$3
6.45
$
36.9
5
$37
.45
$
38.3
0
$39
.45
pipe
laye
r, la
ser m
an, c
ondu
it an
d du
ct li
ne l
ayer
, jac
k ha
mm
er, c
hipp
ing h
amm
er,
pave
men
t br
eake
r, co
ncre
te c
utte
r, as
phal
t cut
ter,
shee
t ham
mer
, san
dbla
sting
, ace
tylen
e cut
ting a
nd
burn
ing,
wag
on d
rill o
pera
tor,
dire
ctio
nal d
rill o
pera
tor,
hydr
aulic
dril
l ope
rato
r, dr
ill m
aste
r, co
re d
riller
, tra
ffic c
ontro
l coo
rdin
ator
, (f)
asp
halt
rake
r/ lu
te m
an (L
ocal
472
), w
alk
behi
ndsa
w cu
tter L
abor
er w
ith C
DL
cert
ifica
tion
whe
n re
ques
ted
by E
mpl
oyer
.
40
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
3/
1/20
15
9/
1/20
15
3/
1/20
16
9
/1/2
016
3/1/
2017
B
Rate
:
$
36.7
0
$
37.2
0
$37.
70
$3
8.55
$
39.7
0 fin
isher
, ram
mer
, set
ters
of b
rick
or st
one p
aver
s, ha
rdsc
apin
g, gu
nite
noz
zle m
an, s
tone
cutte
r, fo
rm s
ette
r, m
anho
le, ca
tch
basin
s and
inlet
bui
lder
s, m
illin
g sid
eman
(Loc
al 4
72),
asph
alt
scre
edm
an (L
ocal
472
).
A R
ate:
Bla
ster
$4
0.25
$40
.75
$41.
25
$
42.1
0
$43
.25
Fore
men
:
$3
8.00
$38
.50
$39.
00
$
39.8
5
$41
.00
labo
r for
eman
, asp
halt
fore
man
, dril
l fo
rem
an, p
ipe f
orem
an, g
rade
fore
man
, fini
sher
fore
man
, co
ncre
te fo
rem
an.
(All
fore
man
cate
gorie
s to
be $
2.25
abo
ve th
e D R
ate.)
Gen
eral
For
emen
:
$3
9.00
$39
.50
$40.
00
$
40.8
5
$42
.00
Rate
to be
$3.25
abov
e D R
ate
Job S
tewar
d as
a B
asic
Labo
rer
$36
.15
$36
.65
$
37.1
5
$3
8.00
$
39.1
5
In a
ll ot
her c
lass
ifica
tions
, Job
Ste
war
d to
rece
ive $
.40
over
regu
lar h
ourly
rate
clas
sifica
tion.
Sh
ift D
iffer
entia
l: ad
ditio
nal p
rem
ium
to b
e add
ed to
the h
ourly
rate
in a
ll cla
ssifi
catio
ns:
Effec
tive:
3/1
/15
= $2
.50
3/
1/16
= $
2.50
3/1
/17
= $
2.50
41
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
Loca
l 472
& 1
72 W
age
and
Frin
ge B
enefi
t Rat
esFR
ING
E BE
NEF
ITS
3/1/
2015
9/
1/20
15
3/1/
2016
9/
1/20
16
3/1/
2017
H
ealth
and
Wel
fare
$9
.80
$9.8
0 $1
0.05
$1
0.05
$1
0.30
Pens
ion
$7
.15
$7.1
5 $7
.65
$7.6
5 $8
.15
Ann
uity
Fun
d $5
.50
$5.5
0 $5
.75
$5.7
5 $6
.00
Vaca
tionF
und
$2
.75
$3.0
0 $3
.00
$3.2
5 $3
.50
Safe
ty, E
duca
tion,
&
Trai
ning
Fun
d $.
60
$.60
$.60
$.
60
$.60
C.I.
A.P
$.
18
$.18
$.
18
$.18
$.
18
LI
UN
A H
ealth
and
Saf
ety
Fund
$
.05
$.05
$.
05
$.05
$.
05LI
UN
A L
.E.C
.E.T
. FU
ND
$.
25
$.25
$.
25
$.25
$.
25N
.J.S.
L.P.
A.C
.(d)
$.20
$.
20
$.20
$.
20
$.20
L.E.
R.O
.F. (e
)
$.40
$.
40
$.40
$.
40
$.40
Lo
cal 4
72 D
ues S
uppl
emen
t (
c)
2.5
% o
f Gro
ss W
ages
Loca
l 172
Due
s Sup
plem
ent
(c)
3
.5%
of G
ross
Wag
es
Not
es:
(a)H
azar
dous
Was
te R
emov
al W
ork
in L
evel
A, B
, or C
that
requ
ires p
erso
nal p
rote
ctio
n, th
e rat
e will
be t
he re
gula
r hou
rly C
lass
ifica
tion
rate
pl
us $
3.00
per
hou
r.(b
) Haz
ardo
us W
aste
rem
oval
wor
k in
Lev
el D
, or w
here
per
sona
l pro
tect
ion
is no
t req
uire
d, o
r whe
re a
Haz
ardo
us W
aste
Cer
tifica
te is
requ
ired,
th
e rat
e will
be t
he re
gula
r hou
rly cl
assifi
catio
n ra
te p
lus $
1.00
per
hou
r.
(c) D
ues s
uppl
emen
t to
be d
educ
ted
from
empl
oyee
wag
es.
(d) N
JSLP
AC to
be d
educ
ted
from
empl
oyee
wag
es.
(e) L
.E.R
.O.F
. to
be d
educ
ted
from
empl
oyee
wag
es.
(f) F
or a
shop
stew
ard
or fo
rem
en tr
affic c
ontro
l coo
rdin
ator
refe
r to
the s
pecifi
c con
tract
lang
uage
for t
heir
appr
opria
te ra
te.
42
JOB
CLA
SSIF
ICAT
ION
S
Laborers Local 472 Wage Rates Keyed ToClassifications*
LABORER CLASSIFICATIONS: (D Rate) Basic laborers, landscape laborers, railroad track laborers, utility meter installer, flagmen/traffic direc-tors, salamander tenders, pitmen, dumpmen, asphalt laborer (Local 472 only), slurry seal laborer, rakers and tampers on cold patch work, wrappers and coaters of pipe, waterproofers, timberman, wagon drill helper, drill master helper, powder carrier, magazine tender, signal man, power buggy operator, tree cutter and the operation of such other basic power tools used to perform work usually done manually by laborers. Certified hazardous waste laborers (see article 28A for appropriate rate).
LABORER CLASSIFICATIONS: (C Rate) Sewer pipe, laser man, conduit and duct line layer, jack hammer, chipping hammer, pavement breaker, con-crete cutter, asphalt cutter, sheet hammer, sandblaster, acetylene cutting and burning, wagon drill operator, directional drill operator, hydraulic drill operator, drill master, core driller, traffic control coordinator*, asphalt raker/lute man (Local 472), walk behind saw cutter, Laborer with CDL certification when requested by Employer. *Shop steward or foremen traffic con- trol coordinators, refer to specific contract language for their appropriate rate.
43
JOB
CLA
SSIF
ICAT
ION
SLABORER CLASSIFICATIONS: (B Rate)Finishers, manhole, catch basin or inlet builders, milling sideman (Local 472), form setters, rammers, the setters of brick or stone pavers, gunite nozzlemen, stone cutters, hardscaping and asphalt screedman (Local 472).
LABORER CLASSIFICATIONS: (A Rate)All blasters.
FOREMEN(All foremen categories to be $2.25 above the D Rate)All labor foremen, asphalt foremen, pipe foremen and grade foremen, finisher foremen, concrete formen and drill foremen. However, when a foreman serves as the Traffic Control Coordinator, he shall be paid an additional $.50 per hour. GENERAL FOREMENGeneral foremen rate to be $3.25 above the D Rate
* In Atlantic, Burlington, Camden, Cape May, Cum-berland, Gloucester, Mercer, Monmouth, Ocean, Salem and the Southern half of Middlesex County asphalt work shall fall under the Laborers’ Local 172 Asphalt Workers Agreement with the Associated General Contractors and the Construction Contractors Labor Employers of New Jersey.
44
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
Loca
l 472
& 1
72 F
ree
Air
Tun
nel J
obs
Wag
es
3/1/
2015
9/
1/20
15
3/1/
2016
9/
1/20
16
3/1/
2017
Wal
king
Bos
ses &
Supe
rinte
nden
ts $3
8.50
$3
9.00
$3
9.50
$4
0.35
$4
1.50
Hea
ding
For
emen
, Sha
ft Fo
rem
en,
Rod
Fore
men
, Elec
trici
an F
orem
en,
Rigg
ing F
orem
en
$38.
20
$38.
70
$39.
20
$40.
05
$41.
20
Iron
Fore
men
, Cau
lkin
g For
emen
, For
m F
orem
en,
Conc
rete
For
emen
, Gro
ut F
orem
en, C
emen
t Fin
ishin
g For
emen
,Cl
ean-
up F
orem
en,
Trac
k Fo
rem
en
$37.
70
$38.
20
$38.
70
$39.
55
$40.
70Bl
aste
rs
$40.
20
$40.
70
$41.
20
$42.
05
$43.
20To
p La
bor F
orem
en
$37.
15
$37.
65
$38.
15
$39.
00
$40.
15
45
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
Skill
ed M
en (i
nclu
ding
Min
ers,
Dril
l Run
ners
, Iro
n M
en, M
aint
enan
ce M
en,
Conv
eyer
Men
, Saf
ety
Min
ers,
Rigg
ers,
Bloc
k La
yers
, Cem
ent F
inish
ers,
Rod
Men
, Cau
lker
s, Po
wer
$3
6.80
$3
7.30
$3
7.80
$3
8.65
$3
9.80
Carr
iers
, All
Oth
er S
kille
d M
en) S
emi-S
kille
d M
en (i
nclu
ding
Min
er’s
Help
ers,
Chuc
k Te
nder
s, Tr
ack
Men
, Nip
pers
, Bra
ke M
en, D
erai
l Men
, Cab
le M
en,
Hos
e Men
, Gro
ut M
en, G
rave
l, Fo
rm M
en, P
ipela
yers
, Con
duit
insta
llers
,Be
ll or
Sig
nal M
en (t
op o
r bot
tom
), Fo
rm W
orke
rs a
nd M
over
s, Co
ncre
te W
orke
rs,
Shaft
Men
, Tun
nel L
abor
ers a
nd C
aulk
ers’
Help
ers,
All o
ther
Sem
i-Ski
lled
Men
$3
6.65
$3
7.15
$3
7.65
$3
8.50
$3
9.65
All O
ther
s (in
cludi
ng P
ower
Wat
chm
en, C
hang
e Hou
se A
ttend
ant,
Top
Lab
orer
, Jo
b St
ewar
d (g
)
$36.
15
$36.
65
$
37.1
5
$
38.0
0 $3
9.15
46
WA
GE
& F
RIN
GE
BEN
EFIT
RAT
ES
Loca
l 472
& 1
72 W
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ues S
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t (c
) 2.
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Loca
l 172
Due
s Sup
plem
ent
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ss W
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n, th
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e will
be t
he re
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r hou
rly
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sifica
tion
rate
plu
s $3.
00 p
er h
our.
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azar
dous
Was
te re
mov
al w
ork
in L
evel
D, o
r whe
re p
erso
nal p
rote
ctio
n is
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equi
red,
or w
here
a H
azar
dous
Was
te
Cert
ifica
te is
requ
ired,
the r
ate w
ill b
e the
regu
lar h
ourly
clas
sifica
tion
rate
plu
s $1.
00 p
er h
our.
(c
) Due
s sup
plem
ent t
o be
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ucte
d fro
m em
ploy
ee w
ages
.(d
) NJS
LPAC
to b
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m em
ploy
ee w
ages
. (e
) L.E
.R.O
.F. t
o be
ded
ucte
d fro
m em
ploy
ee w
ages
. (f
) For
a sh
op st
ewar
d or
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men
traffi
c con
trol c
oord
inat
or re
fer t
o th
e spe
cific c
ontra
ct la
ngua
ge fo
r the
ir ap
prop
riate
rate
.
47
JOB
CLA
SSIF
ICAT
ION
S
Local 172 Wage Rates Keyed to Classifications*
LABORERS CLASSIFICATIONS: (D Rate)Basic laborers, landscape laborers, railroad track laborers, utility meter installer, flagmen/traffic directors, salamander tenders, pitmen dumpmen, rakers and tampers on cold patch work, wrappers and coaters of pipe, waterproofers, timberman, wagon drill helper, drill master helper, pow-der carrier, magazine tender, signal man, power buggy operator, tree cutter and the operation of such other basic power tools used to perform work usually done manually by laborers. Certified hazardous waste laborers (see arti-cle 28A for appropriate rate).
LABORERS CLASSIFICATIONS: (C Rate) Sewer pipe, laser man, conduit and duct line layer, jack hammer, chipping hammer, pavement breaker, con-crete cutter, asphalt cutter, sheet hammer, sandblaster, acetylene cutting and burning, wagon drill operator, hydraulic drill operator, drill master, core driller, traffic control coordinator*, walk behind saw cutter, Laborers with CDL certification when requested by Employer. *Shop steward or foreman traffic control coordinators, refer to specific contract language for their appropriate rate. LABORERS CLASSIFICATIONS : (B Rate) Finishers, manhole, catch basin or inlet builders, form setters, rammers, the setters of brick or stone pavers, gunite nozzlemen, stone cutters, and hardscaping.
48
JOB
CLA
SSIF
ICAT
ION
SW
AG
E PA
YM
ENT
PRO
CED
UR
E
LABORERS CLASSIFICATIONS: (A Rate) All blasters.FOREMEN (All foremen categories to be $2.25 above the D Rate) All labor foremen, pipe foremen and grade foremen, finisher foremen, concrete foremen and drill foremen. However, when a foreman serves as Traffic Control Coordinator, he shall be paid an additional $.50 per hour.
GENERAL FOREMENGeneral foremen rate to be $3.25 above the D Rate.*In Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer, Monmouth, Ocean, Salem and the Southern half of Middlesex County asphalt work shall fall under the Laborers’ Local 172 Asphalt Workers Agreement with the Utility and Transportation Contractors Association of New Jersey. 19. Wage Payment Procedure
All wages due under this Agreement shall be paid once each week during working hours in lawful United States Currency. All wages paid each week shall be paid on the same day of each week from week to week in order that em-ployees covered by this Agreement have stability in their wage payments. The Employer may pay by check provided he makes payment on or before Thursday of each week
49
and provided he takes reasonable and appropriate efforts whereby the employee can cash his check. The check stub shall include employee’s name, social security number, hourly rate of pay, hours worked, the name of company and the date of check. If mutually agreed to by an Employer and Employee payment may be made by “Direct Deposit” to a bank account selected by the Employee. It shall be each employee’s responsibility to promptly report any violation of this Agreement to his respective Union. Where such violation involves an Employer’s failure to pay an employee the applicable wage rate provided for under this Agreement, the employee shall report that failure to said Union within twenty-one (21) days of the violation. The failure of the Union to file a grievance within twenty- one (21) days is not to be construed as a waiver of the Union’s right to process grievances involving the Employer’s failure to pay the applicable wage rate.
20. Union Dues Supplement a) The Union membership of Local 472 has approved a dues supplement of 2½% of each member’s gross pay. The Employer shall deduct the dues supplement in the amount approved from each employee’s wages covered by this Agreement provided that such employee executes a check-off authorization form permitting such deduction.
UN
ION
DU
ES S
UPP
LEM
ENT
50
b) The Union membership of Local 172 has ap-proved a dues supplement of 3½% of each member’s gross pay. The Employer shall deduct the dues supple-ment in the amount approved from each employees wages covered by this Agreement provided that such employee executes a check-off authorization form permitting such deduction. c) Whenever a member of Local 472 is employed by an Employer within the territorial jurisdiction of Local 172, the Employer shall deduct from the employee’s wages the stated dues supplement. The Employer shall remit said dues supplement to Local 172 in accordance with para-graph (e) below. No dues supplement shall be remitted to Local 472 in such cases. d) Whenever a member of Local 172 is employed by an Employer within the territorial jurisdition of Local 472, the Employer shall deduct from the em-ployee’s wages the 3½% dues supplement for Local 172. The Employer shall remit said dues supplement to Local 472 in accordance with paragraph (e) below. No dues supplement shall be remitted to Local 172 in such cases.
e) The Employer shall remit all sums which are required to be deducted pursuant to this Article to the appropriate union or, at the union’s option, to the Administrator of the several benefit funds created or maintained by this Agreement on a weekly basis in accordance with procedures established or to be
51
NJS
LPA
C/L
.E.R
.O.F
DED
UC
TIO
NS
established by the Administrator for the collection and distribution thereof.
f) In determining the amount to be remitted for dues supplement purposes, Vacation Fund earnings should not be considered a component of the dues supplement calculations.
20A. NJSLPAC/L.E.R.O.F. Deductions
a) The Union membership of Local 472 and Local 172 has approved a twenty cents ($.20) per hour deduction from wages, for the length of this contract effective March 1, 2015 for remittance by the Employer to the New Jersey State Laborers’ Political Action Committee (NJSLPAC) and March 1, 2015 a forty cent ($.40) per hour deduction from wages, for remit-tance by the Employer to the Laborers Eastern Region Organizing Fund (L.E.R.O.F.). The Employer shall deduct the said contribution from the wages of each employee who is a member of Local 472 or 172 provided that the employee executes a check-off authorization form permitting such deduction.
b) These sums shall be paid to the Administrator of the Local 472 & 172 benefit funds established here-in. Said sums shall be paid to the Administrator at the same time and together with other contributions made by the Employer to and for said benefit Funds. The Administrator shall then pay the amounts due to the
52
HO
UR
S O
F W
OR
K NJSLPAC and L.E.R.O.F. unless otherwise directed by the Union. c) At any time during the term of this Agreement Local 472 or 172, may terminate their participation in the NJSLPAC and or L.E.R.O.F. and terminate the obligation of the Employer to contribute thereto. In the alternative, Local 472 or 172 may determine that said contribution shall be paid, in lieu of NJSLPAC, to the political action committee of either Union and in the alternative to L.E.R.O.F. said contribution shall be redirected at the discretion of the Union. Appropriate notice shall be given to the Employer and the Associa-tions and the Employers and Associations shall comply therewith.
21. Hours of Work Eight (8) hours shall constitute a working day, to be paid at the rate specified in this contract. All time worked in excess of eight hours shall be paid at the rate of time and one-half the applicable rate. All work performed on Saturdays shall be paid at the rate of time and one-half and all work performed on Sundays or Holidays shall be paid at the rate of double-time. Workers may work 4 ten hour days, Monday through Thursday at straight time pay. Friday shall be used as a make up day for days lost due to inclement weather or for other mutually agreed reason. If Friday is not a makeup day all hours worked on Friday shall be paid at
53
time and one-half. Notwithstanding the above, where an Owner mandates in the construction contract a standard work shift which begins before midnight and ends after midnight and where the shift under such mandated work week begins on a Friday and ends on Saturday morning, then in such cases the shift differential shall apply. Where a mandated shift or a regularly established shift of the mandated work week starts at or after 8:00 PM on a Sunday and ends on Monday morning, the shift differential shall apply. Any work begun on a Holiday and finishing the following day shall be paid at double-time. All emer-gency work commencing on a Sunday and running into Monday morning shall be paid at the rate of double time.
21A. Owner Mandated Emergency Work When a foreman or employee covered under this agreement has already worked an 8 hour shift, and in the same day is called out for a verifiable owner mandated emergency, he shall be paid overtime only for the actual hours worked in connection with that emergency. However in the event that an employee works less than eight (8) hours in the time frame of his normal shift (for example a partial payday) and is later called out to verifiable owner mandated emergency within the time frame of his normal shift, he shall than be
54
PART
IAL
DAY
PAY paid according to the partial payday provisions of this
Agreement until 8 hours of work has been reached and then will receive overtime for the hours worked in excess of 8 hours. Further, when said employees work less than eight (8) hours in the time frame of their nor-mal shift (for example a partial payday) and are later called out to a verifiable owner mandated emergency that is beyond the time frame of their normal shift they shall then be paid under the partial payday provisions of this Agreement at shift differential rate until 8 hours of work has been reached and then will receive over-time for the hours worked in excess of eight (8) hours. (Note) If a foreman prior to being called out for a verifiable owner mandated emergency has not been paid his normal/regular shift eight (8) hours, he shall not be paid less than eight (8) hours in connection with that call out, except on a Saturday or Sunday owner mandated emergency where he shall be paid the appro-priate premium rate for that day but only for the actual hours worked in connection with the emergency. All emergency work of any kind commencing on a Sunday and running into Monday morning shall be paid at the rate of double time.
22. Partial Day Pay All employees ordered to report for work and who do not start work shall be guaranteed and paid no less than two (2) hours pay at the applicable rate. In the
55
event any employee works but works less than four (4) hours, he shall be paid and guaranteed four (4) hours pay at the applicable rate. In the event any employee works more than four (4) hours but completes his work before the customary lunch period he shall be paid and guaranteed six (6) hours at the applicable rate. In the event any employee works after the customary lunch period but less than eight (8) hours, he shall be paid and guaranteed eight (8) hours pay at the applicable rate. a) All employees reporting for work as required by the Employer shall be paid not less than two (2) hours’ at the applicable rate in accordance with Sec-tion a) above provided he reports to the Foreman or Timekeeper on the job and he shall remain available at the job site for two (2) hours. It is understood that if the Employer notifies the employee before the cus-tomary time for reporting for work not to report and the employee ignores this notification and shows up on the job, he is not to be paid. When employees show up for work and do not start work, the two hours in which the employee is paid may be used for safety or other training purposes as dictated by the employer. The two hours shall not be considered as starting work pursu-ant to section 22a.
23. Foremen All foremen who report for work shall be guaran-teed and paid eight (8) hours pay at straight time unless
FOR
EMEN
56
SHIF
TS
ordered not to work prior to reporting. Once a foreman has reached forty hours in a work week, the partial day pay requirements established in Section 22 of this Agreement shall apply to such Foreman.24. Shifts a) Bi-State Tunnel Shift Work On all tunnel work covered by this Agreement performed for any bi-state facilities, time and one-half shall be paid on the second and third shifts and any shifts starting other than between 7:00 AM and 8:00 AM; provided however for all new trans Hudson tunnel work bid after March 1, 2012, the straight time rate for all shifts for all classifications covered by this collective bargaining agreement shall be one and one-half the rate specified in Article 18 herein. b) All other Shift Work Payment for all other shift work shall be made as follows:
1. On the second and third shifts for all high-way, bridge, tunnel and other construction work covered by this Agreement, or where the owner mandates special hours of work in the job specifications, a shift differential of two dollars and fifty cents ($2.50) per hour shall be paid in addition to the regular rate of pay. The combined regular rate and any shift differential, as calculated and determined, will be incorporated as the rate and basis for
57
all wage payments including overtime, pre-mium time and all Holiday pay.
2. On all other shifts whatsoever, where the starting time is other than 7:00 AM, 8:00 AM, 3:00 PM, 4:00 PM, 12:00 AM and 1:00 AM, time and one-half shall be paid.
3. A flexible starting time, at the request of the contractor, shall be allowed by mutual agree-ment. The starting times shall be between 6:00AM - 9:00AM and workers shall receive straight time pay. The contractor shall notify the Business Representative for the project of its desire to start work at 6:00 AM or 6:30 AM. Any special shift concerns or conditions shall be discussed at a pre bid conference.
c) All shifts described above shall be established for either four (4) consecutive ten hour days or five (5) consecutive eight our days. Any other shift work shall be compensated at the applicable straight time or over-time rate as the case may be. 24A. Work at Nuclear Plants All laborers covered by this Agreement who are employed at a Nuclear Power Plant site, when working overtime and at the same time directly with crafts who received double time for said overtime, shall be paid double time for overtime, otherwise time and one-half shall prevail on above work.
58
DR
ILLE
R’S
HEL
PER
SLU
NC
H 25. Lunch It is mutually agreed that there shall be a flexible lunch period of one-half hour which will take place in the time frame that begins three hours after the start of the work day and ends two hours prior to the end of the work day. The employee is to be given his usual half-hour lunch break and if the employee is not allowed to take a lunch break at the time specified, the employee is to be paid time and one-half for the missed one-half hour lunch break and the employee must be permitted a one-half lunch break before the eight hour shift has concluded. Further, that if for any reason the Employer concludes the eight hour shift and has not provided the employee with any one-half hour lunch break, an additional one-half hour of pay at the rate of time and one-half shall be paid to the employee whenever prac-tical, and where conditions permit, the parties shall establish a specific lunch period for laborers on the job prior to the commencement of the job. In tunnel work the parties agree that the employer will provide the means and access to a full lunch period in an appropriate area that is well-vented.
26. Driller’s Helper Where there is an addition of steel, helpers will be required on all rock drills.
59
27. Watchmen The Employer shall pay to watchmen a wage rate equal to the posted New Jersey minimum wage at the time of hire. The normal work week will be 56 hours per week. The basic shift will be an 8 hour daily shift, 7 days a week. The Monday through Friday shifts will be paid at eight (8) hours at the regular rate of pay which is the minimum wage at time of hire. For Saturday shifts the rate of pay for all hours worked shall be at the rate of time and one-half per hour of the regular minimum wage rate as described above. For Sunday shifts the rate of pay for all hours worked shall be at the rate of double time of the regular minimum wage rate as described above. The watchman shall be paid an additional day’s pay for each holiday worked. The Employer shall pay $3.00 per hour paid for each watchman employed by the Employer to the La-borers’ Locals 472 and 172 Welfare and Pension Funds ($3.00 per hour to each fund). Watchmen shall not be eligible to participate in the Vacation Fund or the Annuity Fund or to any other benefit fund under this Agreement except for the Welfare and Pension funds noted above.
28. New Work Classification If during the term of this Agreement, mechanized changes or changes in the method of operation result in different or new types of work, the Employer and the Unions agree to negotiate a new work classification and wage rates for such work.
WAT
CH
MEN
NEW
WO
RK
CLA
SSIF
ICAT
ION
60
HA
ZAR
DO
US
WA
STE
SITE
S
28A. Work at Hazardous Waste Sites On hazardous waste removal work of any kind, including a state or a federally designated site, where a laborer is required to wear level A, B, or C personal pro-tection, the laborer shall receive an hourly wage rate of his regular hourly wage plus $3.00 per hour. A certified laborer working at a hazardous waste removal project or site at a task requiring hazardous waste related certification, but who is not working in a zone requiring level A, B, or C personal protection, shall receive an hourly wage rate of his regular rate plus $1.00 per hour. This shall also apply to 100% federally funded projects or sites where the level D personal pro-tection is required. If at anytime during the workday shift that a laborer must wear Level A, B, or C protec-tion, the higher rate will prevail for all hours worked that shift notwithstanding the fact that only a portion of the shift may be spent in the higher zone. In the event the Employer requests a certified laborer with a hazardous waste certificate the Employer shall pay the aforemen-tioned differential, even if the project is considered to be a non-hazardous project. The Employers and Unions mutually agree that all hazardous waste jobs shall be conducted in a safe manner so as to protect the health and welfare of work-ers employed on such job sites. No laborer may be re-quired to work at a site where it reasonably appears that proper safety procedures are not being followed.
61
HIG
HER
RAT
E C
LASS
IFIC
ATIO
NDetermination of the level of protection to be worn shall be made by a qualified professional safety officer selected and employed by the Employer who shall con-servatively apply accepted industry safety standards in the best interest of worker safety. In the event that the Unions employ a safety consultant to review job condi-tions, said safety consultant shall be given full access to all available safety information and full and complete access to the job site in the performance of his duties. Notwithstanding any of the above, the safety and protection of employees working at any such site shall be the sole responsibility of the Employer.
29. Higher Rate Classification If a new employee is sent to a job to work in a higher classification he shall receive the higher classi-fication rate for eight (8) hours notwithstanding the fact that, at the Employer’s request, he is assigned work and works in a lower rate classification on a particular day. A Laborer working at any higher classification shall be paid no less than two (2) hours at the particular rate and thereafter shall be paid one (1) hour for each portion of an hour worked. The minimum rate to be paid any trainee is the basic laborer’s rate provided for in this Agreement.
62
HO
LID
AYS
30. Holidays Observed The following days are recognized holidays under this Agreement: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Presidential Election Day, Veterans Day, Thanksgiving Day and Christmas Day. The Employer has the option to work Veterans day at straight time and take the Friday after Thanksgiving as a holiday. However in the trading of Veterans Day for the Friday after Thanksgiving, for clarification, if overtime is worked on Veterans Day it is to be paid at double time. The deferred 8 straight hours holiday pay is to pay for the unworked Friday after Thanksgiving. Over-time hours worked on Veterans Day are a completely separate item and calculation from the “equal trade formula” which will require the payment of double time for overtime.
31. Holiday Pay If any employee works on three (3) days for the same Employer within a period of ten (10) working days consisting of five (5) working days before and five (5) working days after the day upon which the holi-day falls or is observed as such, he shall be paid eight (8) hours straight time for the holiday at his regular rate of pay. Where a project is a four (4) day ten (10) hours per day project, holidays will be paid at eight (8) straight time hours for an unworked holiday unless the
63
employee on the Employer’s payroll works less than 40 hours during the week upon which the holiday falls, in which case he shall be paid an additional two (2) hours straight time holiday pay for that unworked holiday. A work week shall commence on Monday 12:01 AM and extend to 12:00 midnight on the Sunday following. If an employee is hired after a holiday, he shall not be paid for the holiday unless he was employed during the work week preceding the holiday. When a layoff occurs, for reasons other than job completion, on or after December 20th, each employee so laid off shall receive one day’s pay in lieu of Christ-mas Holiday provided the employee was working for the employer on the job on December 17th. Where such employee starts again on or before January 6th, excluding a new project just beginning, such employee shall be paid a day’s pay in lieu of New Year’s Day Holiday. If an employee works on a holiday, or days cele-brated as such, (including holidays falling on Sunday and celebrated on Monday) he shall be paid double time for all hours worked. If an employee works on a holiday which falls on Saturday, he shall be paid double time and one half for all hours worked. If an employ-ee works on a Holiday that falls on Sunday, he shall be paid triple time. However if the employee works on a holiday Sunday but is given Monday off at regular holiday pay, then that Sunday will be at the traditional double time rate for all hours worked.
64
If he does not work on Saturday and otherwise qualifies for holiday pay he shall be paid straight time for the holiday, all time paid for holidays, whether worked or not, shall be paid for at the regular rate of pay for the particular job classification of each employ-ee as provided for herein, provided the employee has complied with the conditions set forth in this Article. If an employee works at more than one job classifica-tion within the ten day period specified herein, he shall be paid his holiday pay at the higher classification rate. It is understood that where time and one-half or double time is specified in this Agreement for work performed on Saturdays, Sundays, holidays or differ-ent shift times, this is overtime and not premium time for work performed on these days and the base rates for the computation of this time and one-half or dou-ble time is the hourly rate set forth in the Agreement. It is further understood that there is to be no extra or premium time for hours worked in excess of eight (8) hours on Saturdays, Sundays or holidays, but this shall in no way affect the obligation to pay the time and one-half for any work on Saturdays and double time for Sundays, holidays or different shift time as specified in the Agreement. If the employee alleges that he was laid off by an Employer (exclusive of job termination) solely for the purpose of being denied holiday pay, his grievance shall be heard by an Arbitration Committee composed of two (2) Union representatives and two
65
EMPL
OY
EE D
ISC
HA
RG
E PA
Y JO
BW
ELFA
RE
FUN
D
(2) representatives who are members of the Utility and Transportation Contractors Association of New Jer-sey. A decision by a majority of the Committee shall be binding on the Employer and employee as to whether he shall receive holiday pay. Where a decision cannot be reached by a majority of the Committee then an im-partial Referee shall be designated by the New Jersey State Board of Mediation whose decision shall be final and any costs shall be borne equally by the Employer and the Union.
32. Employee Discharge Pay If an employee is discharged, he shall be paid within an hour and if compelled to wait for his wages, he shall be paid at regular time for such waiting time. If an employ-ee is permanently laid off or terminated he shall receive one hour’s pay in addition to the time he actually worked provided he has worked for a period of two days or more. When employees are laid off, the employer may overnight the check. The Employer may pay by Direct Deposit by mutual agreement with the employee. If an employee quits work of his own accord the Employer may require him to wait until the next regular pay day for his wages.
33. Welfare Fund a) The Association and their members, or any other employer who agrees to be bound by this Agree-ment shall contribute to the Heavy & General Laborers
66
of New Jersey, Locals 472 & 172 Welfare Fund (herein-after “Welfare Fund”) the amounts specified in Article 18 hereof for each employee covered by this Agree-ment for the purposes set forth in the Welfare Fund’s Agreement and Declaration of Trust dated July 1, 1950, as amended from time to time (and which is incorpo-rated by reference herein). b) When the employees work on holidays, fringe benefits will be paid for all hours worked. When em-ployees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe benefits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for hol-idays such as the Friday after Thanksgiving. c) It is understood that, in accordance with said Agreement and Declaration of Trust:
1. The purpose of the Fund is to provide health insurance and other Welfare benefits for employees covered by this Agreement and for whom the employer makes the required contributions. The nature and extent of the benefits and the eligibility of employees cov-ered by this Agreement and the beneficiaries for the benefits of the Welfare Fund shall be as determined by the Trustees and as set forth in the appropriate Welfare Plan documents. No employee or beneficiary of the Plan shall have any right or interest in any of the contribu-
67
tions made on his or her behalf to the Fund, but should only be entitled to the benefits to which he is eligible under the Plan Rules and Regulations.2. The Fund is to be administered by a joint Board of Trustees, an equal number of Trust-ees being designated by the Union and an equal number by the Employer/Association. The designation of the Trustees and their authority and duties concerning the admin-istration of the Welfare Fund shall be as set forth in the Fund’s Agreement and Declara-tion of Trust.
d) The Employers will appoint the Trustees des-ignated as Employer Representatives who will accept the Trusteeship as Employer Representatives. Such Employer Representatives shall, with their successors selected in the manner provided in said Agreement and Declaration of Trust, represent the Employers who are parties to this Agreement and the other aforesaid Employers in the administration of the Fund. e) The Union will appoint the Trustees desig- nated as Employee Representatives who will accept the Trusteeship as Employee Representatives. Such Em-ployee Representatives shall, with their successors se-lected in the manner provided in said Agreement and Declaration of Trust, represent the employees in the administration of the Fund.
68
f) The Employers agree that the Trustees of the Fund shall have the right to require such reports from Employers as are necessary for the fulfillment of the Trustees’ duties under the Agreement and Declaration of Trust and any contracts of insurance providing Wel-fare Fund benefits. The Trustees and/or their designee shall have the right to inspect, at reasonable times and places, the employment, payroll and such other pay-roll related records of the Employer as are relevant to questions of the accuracy and/or comprehensive-ness of reports submitted by the Employer.34. Pension Fund a) The Association and their members or any other employer who agrees to be bound by this Agree-ment shall contribute to the Heavy & General Laborers of New Jersey, Locals 472 & 172 Pension Fund (herein-after “Pension Fund”) the amounts specified in Article 18 hereof for each employee covered by this Agree-ment for the purposes set forth in the Pension Fund’s Agreement and Declaration of Trust dated July 1, 1953, as amended from time to time (and which is incorpo-rated by reference herein). b) When the employees work on holidays, fringe benefits will be paid for all hours worked. When em-ployees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe benefits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holidays such as the Friday after Thanksgiving.
PEN
SIO
N F
UN
D
69
c) It is understood that in accordance with the said Agreement and Declaration of Trust executed be-tween the parties:
1. The purpose of the Fund is to provide and maintain a system of granting pensions to employees of the Employers who are parties to this Agreement and for employees of oth-er Employers who have, or hereafter will have in effect similar Agreements, and for certain members of the families of such employees receiving such pensions, the manner and pro-cedure of which shall be determined by the Trustees designated to administer the Fund and under such rules and regulations as they may determine. The term “employees” as used herein shall mean all the employees covered by the Agreements pursuant to which their Em-ployers pay monies to the Fund, or all of any class or classes thereof as shall be determined by the Trustees, pursuant to said Agreement and Declaration of Trust, provided, in every case, that such employees or members of their families upon death of such employees shall have met their requirements and shall other-wise be eligible under the rules and regulations established by the Trustees of such Fund.2. The Fund is to be administered by a joint Board of Trustees, an equal number of Trustees being designated by the Union and an equal number by the Employer/Associations. The designation of the Trustees and their authority
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and duties concerning the administration of the Pension Fund shall be as set forth in the Fund’s Agreement and Declaration of Trust.
d) The Employers agree that the Trustees of the Fund shall have the right to require such reports from Employers as are necessary for the fulfillment of their duties under the Agreement and Declaration of Trust and any contracts of insurance providing Pension Fund benefits. The Trustees and/or its designee shall have the right to inspect, and at reasonable times and place, the employment payroll and such other payroll related records of each Employer as are relevant to questions of the accuracy and/or comprehensiveness of reports submitted by the Employer.
35. Safety, Education and Training Fund The Safety, Education and Training Fund, (hereaf-ter “SET” Fund) previously established by the parties, shall remain in full force and effect. Contributions to the said Fund are to be made in accordance with the schedule established in Article 18 of this Agreement. All job stewards and foremen shall show proof of receiving OSHA 10 hour Safety Training. In addition, the Union will continue to provide OSHA 30 hour Safety Training opportunities to all of its members and will encourage such training for all of its members and the SET Fund will periodically inform the Em-ployer Association of the progress of such training. The Union agrees to direct its members to obtain OSHA 30 Hour training. Such training can be obtained through
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a vendor web-based program upon establishment and approval by the Union. Upon completion of the OSHA 30 Hour program, members may submit the cost of same to the Union for reimbursement. When the employees work on holidays, fringe benefits will be paid for all hours worked. When em-ployees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe benefits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holi-days such as the Friday after Thanksgiving.
36. Annuity Fund The Association and their members or any other employer who agrees to be bound by this Agreement shall contribute to the Heavy & General Laborers of New Jersey, Locals 472 & 172 Annuity Fund (herein-after “Annuity Fund”) the amounts specified in Article 18 hereof for each employee covered by this Agree-ment for the purposes set forth in the Annuity Fund’s Agreement and Declaration of Trust dated July 1, 1953, as amended from time to time (and which is incorpo-rated by reference herein). When the employees work on holidays, fringe benefits will be paid for all hours worked. When employees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe ben-efits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holidays such as the Friday after Thanksgiving.
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D 37. Vacation Fund The Employer shall contribute to a Vacation Fund, previously established, for each hour worked by each employee covered by this Agreement as required by the schedule of contributions to the Vacation Fund set forth at Article 18 hereof. The Vacation Fund shall be set up to reflect individual employee accounts and is to be administered through the Heavy and Gener-al Construction Laborers Local 472 and 172 Welfare Fund. Appropriate payroll taxes on the Vacation Fund contributions are to be deducted at the source in the following manner: the Vacation Fund contribution shall be added to the gross pay and all appropriate pay-roll taxes, including withholding Social Security and State Unemployment, deducted from gross pay. After making the necessary payroll deductions, the full con-tribution specified in the schedule at Article 18 hereof shall be forwarded to the Fund’s offices with the other benefit fund contributions. When the employees work on holidays, fringe benefits will be paid for all hours worked. When employ-ees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe benefits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holidays such as the Friday after Thanksgiving.
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38. N.J. State Laborers’ Health and Safety Trust Fund
The Employer agrees to participate in and contrib-ute to the N.J. State Laborers’ Health and Safety Trust Fund (hereinafter called N.J.S.L.H. & S.T.F.) in accor-dance with the schedule of contributions set forth in Article 18 hereof. Said contribution shall be paid to the Administrator of the Welfare Fund together with other contributions due under this Agreement and distrib-uted to the N.J.S.L.H.& S.T.F. when and as required. In the alternative, Local 472 and/or Local 172 may de-termine that said contribution collected on behalf of their union’s members shall not be paid to N.J.S.L.H. & S.T.F. and instead be reallocated to another benefit fund maintained under this Agreement as they deem ap-propriate. All Employers signatory to this Agreement, whether or not members of the ACCNJ or U.T.C.A., shall be bound by the parties’ decision to terminate participation and/or reallocate the contribution as herein provided. When the employees work on holidays, fringe benefits will be paid for all hours worked. When employees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe bene-fits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holidays such as the Friday after Thanks-giving.
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39. N.J. Laborers-Employers Cooperation and Education Trust The parties agree to participate in and contribute to the N.J. Laborers-Employers Cooperation and Educa-tion Trust (hereinafter called L.E.C.E.T.) in accordance with the schedule of contributions set forth at Article 18 hereof. Said contribution shall be paid to the Ad-ministrator of the Welfare Fund together with other contributions due under this Agreement and distrib-uted to the L.E.C.E.T fund when and as required. In the alternative, Local 472 and/or Local 172 may de-termine that said contribution collected on behalf of their union’s members shall not be paid to L.E.C.E.T and instead be reallocated to another benefit fund maintained under this Agreement as they deem ap-propriate. All Employers signatory to this Agreement, whether or not members of the ACCNJ or U.T.C.A., shall be bound by the parties’ decision to terminate par-ticipation and/or reallocate the contribution as herein provided. When the employees work on holidays, fringe benefits will be paid for all hours worked When em-ployees do not work on the holiday and are paid eight (8) hours of holiday pay, fringe benefits shall be paid on the eight (8) hours of holiday pay. These provisions shall also apply to days substituted or switched for holi-days such as the Friday after Thanksgiving.
40. Construction Industry Advancement Program The Employer shall contribute to the Construction In-dustry Advancement Fund as required by the schedule
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of contributions at Article 18 hereof. These contribu-tions shall be paid to the Administrator at the same time and together with other contributions made by the Employer for said benefit funds. The Administra-tor shall receive and deposit the Construction Industry Advancement Program monies in a separate account, and, on a monthly basis, after deducting a reasonable amount to defray administration costs, pay the balance to the Construction Industry Advancement Program, heretofore established and administered by Trustees appointed by the several multi-employer Associations. These monies shall be utilized by said Trustees solely for the advancement, improvement and betterment of the industry covered by this Agreement so as to improve conditions and increase opportunity for em-ployment. It is agreed and understood that the Program will not be used for any anti-union purposes, that the Trustees of 472-172 Funds shall receive minutes of all Construction Industry Advancement Program Meetings and that the collection of contributions is conditioned at all times upon approval of the Trustees of 472-172 Funds established under Article 33 and 34 herein. The said Trustees shall be permitted to attend Con-struction Industry Advancement Program meetings as nonvoting observers. The collection of contributions is conditioned upon these understandings.
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41. Insurance for Employer’s Liability Under Employee Retirement Income Security Act of 1974 The federal legislation entitled, “Employee Retire-ment Income Security Act of 1974”, mandates insurance for the Employer liability either through a government corporation or private coverage. In order to adequate-ly protect the industry and the Employers in the Heavy Construction Industry, each Employer shall contribute an amount to be established by the Labor Relations Committee of the Utility and Transportation Contractors Association of New Jersey, (hereinafter “U.T.C.A.”) and/or The Associated General Contractors of New Jersey, (hereinafter “ACCNJ”) for the purposes of pro-viding said insurance for the Employer’s protection as of a date to be determined to a depository, agency or other legal fund to be established and administered by the U.T.C.A. and/or the ACCNJ. The Administrator of the several employee bene-fit funds established herein shall receive and deposit all contributions made in accordance with this Article and deposit said contributions in a separate account.
42. Collection Costs a) Any Employer delinquent in payment of con-tributions to or filing of reports with regard to any of the funds established herein shall pay reasonable attor-ney’s fees of no less than 20% of the amount due when legal services are required to collect such indebtedness, together with any costs and interest thereon. Notwith-standing any other provision of this Agreement, the
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NEmployer shall be required to pay the fee of the arbi-trator when arbitration is required, and shall also be required to pay all auditing costs where the Employer has failed to grant an audit appointment or permit an audit to occur, or failed to keep an audit appointment, or failed to supply the auditor with all of the requested records, or otherwise failed to fully cooperate with the Fund’s auditors. The Employer shall also be required to pay all reauditing costs in any instance where he disputes the amount claimed due to the Funds and he is reaudited, ex-cept where the reaudit shows that the Employer did not owe the Funds unpaid contributions for the period in question. The Trustees or the Co-Chairman acting for them when so designated may require any Employer to file a bond with sufficient surety and in an adequate amount to guarantee filing of future reports and pay-ment of required contributions.
43. Fund Arbitration In the event that the Union, an Employer or the Fund’s Trustees allege any dispute, violation or griev-ance concerning any provision of Article 14, Article 32 through 38 or any provision of Article 17, the dispute, grievance or violation including disputes over delin-quencies, shall be submitted to the permanent ar-bitrator or arbitrators established by the Employer and Employee Trustees of the aforesaid funds for resolu-tion and binding decision. The submission of any said dispute, grievance or violation to the permanent arbi-trator or arbitrators shall be in addition to, and not in
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lieu of or a waiver of, the Union’s right to take econom-ic action under Article 17 and/or its right to sue for specific performance of the contract or the Trustees’ rights under ERISA. Any dispute in connection with the arbitrability of a matter shall be resolved by the ar-bitrator.
44. Fringe Benefit Payment Bond The Trustees of the Pension or Welfare Fund, or a designated committee thereof, may require an Employer to post a bond not to exceed the sum of $300,000.00 with a surety that is currently approved by the NJ Department of Treasury in accordance with NJAC 11:1-41 to secure payment of all sums due or to become due to the several Funds created or maintained under this Agreement. The Trustees shall review the bonding policy and present to the parties any revisions for future adoption.
45. Subcontractor Assignment of Monies If a subcontractor is delinquent to any fund estab-lished under this Agreement and the subcontractor assigns monies due to him from the prime contractor over to the Fund or Funds, the prime contractor shall honor the assignment, provided it is in writing, to the extent of said monies due to the subcontractor.
46. Successors in Interest This Agreement shall be binding upon the parties hereto, their successors, administrators, executors and as-signs. In the event an entire company or any part thereto
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is sold, leased, transferred, or taken over by sale, transfer, lease, assignment, receivership or bankruptcy proceedings, such company shall continue to be subject to the terms and conditions of this Agreement for the life thereof. It is un-derstood by this Article that the parties hereto shall not use any leasing device to a third party to evade this contract. The Employer shall give notice of the existence of this Agreement to any purchaser, transferee, lessee, assignee, etc. Such notice shall be in writing with a copy to the Union at the time the seller, transferor, lessor, etc. executes a contract of transaction as herein described. This Agreement shall be binding upon each indi-vidual Employer regardless of whether or not he or it changes the name or style or address of his or its busi-ness. Each individual Employer shall give notice in writing to the Union of any intent to change the name or address of his or its business, or to perform busi-ness under more than one name or at more than one address, prior to the adoption of a new or different name, style or address, of the addition of new names or ad-dresses, as specified herein. In the event the Employer fails to give the notice herein required and/or fails to require the purchaser, transferee or lessee to assume the obligations of this contract, the Employer shall be liable to the Union and to the employees covered for all damages sustained as a result of such failure to require assumption of the terms of this contract.
47. Preservation of Unit Work a) In order to protect and preserve, for the em-ployees covered by this Agreement, all work heretofore
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performed by them, and in order to prevent any device or subterfuge to avoid the protection and preserva-tion of such work it is hereby agreed as follows: If and when the Employer shall perform any work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, part-nership, or any other business entity, including a joint venture, wherein the Employer (including its officers, directors, owners, partner or stockholder) exercises either directly or indirectly (such as through family members) any significant degree of ownership, man-agement or control, the terms and conditions of the Agreement concerning fringe benefits and payments to the benefit funds, including Articles 33 through 39, shall be applicable to all such work. b) All charges of violations Paragraph (a) of this Article, shall be considered as a dispute under this Agreement and shall be processed in accordance with the procedures for the handling of delinquency griev-ances and the final binding resolution thereof, as pro-vided in Article 39 of this Agreement. The permanent arbitrator shall be empowered to decide all violations of this Agreement involving delinquencies. As a rem-edy for violations of this Article, the permanent arbi-trator is empowered at the request of the Union, to require an Employer to pay into the affected joint trust funds established under this Agreement any delin-quent contributions to such funds which have resulted from violations and all collection costs. Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Article, nor does it make the
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same or other remedies unavailable to the Union for violation of other articles or sections of this Agreement.48. Contractor Associations’ Agreement If an Employer covered by this Agreement engag-es in general contracting work he may execute and work under the general contractors agreement execut-ed with the Associated Construction Contractors of New Jersey and the Utility and Transportation Contractors Association of New Jersey upon execu-tion of the Agreement by the Employers and Union.49. Renegotiation Notice It is mutually agreed that if either party or any Employer signator to this Agreement desires to open negotiations that written notice will be given sixty (60) days prior to February 28, 2018 otherwise this Agree-ment is to continue in full force and effect after the ex-piration date of February 28, 2018, from year to year, until written notice is given of a desire to reopen nego-tiations. In order for the contract to be terminated af-ter February 28, 2018, the Employer shall give written notice at least thirty (30) days prior to February 28, of each succeeding year after 2018 and, if said thirty days notice is given, the contract shall terminate on Febru-ary 28 of the year following the giving of said notice.
50. Termination Date of Agreement It is mutually agreed that the Agreement shall be binding upon the parties hereto until February 28, 2018.
51. Separability of Provisions Should any provision of this Agreement be held to be invalid under federal or state law or regulation, then such provision shall become null and void, but
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the remaining provisions of this Agreement shall, nev-ertheless, remain in full force and effect.52. Non Prevailing Wage Work The parties agree to establish committees and to meet periodically to discuss non prevailing wage competitive work rules, wage rates and fringe ben- efits. On all such non-prevailing wage work a Satur-day make-up day may be worked at straight time for employees who worked less than 40 hours Monday through Friday. Any hours worked on Saturday beyond 40 hours will be paid at the applicable overtime rate.53. Construction Specialist To ensure that the needs of new technology and future competitive requirements are met, there is hereby established the work classification of Con-struction Specialist. The Construction Specialist shall perform specific work duties as may be required by job site conditions and shall receive an appropri-ate hourly compensation for said work which will in most cases reflect the posted New Jersey prevailing wage rate for such work. For implicit clarification of the intent of this Article and classification, there can be no unilateral implemen-tation of the Construction Specialist. The implemen-tation or introduction of the Construction Specialist on a specific project and the hourly compensation to be paid to the Construction Specialist shall be mutually determined by the unanimous agreement of a com-mittee comprised of the Employer Associations and the Local Unions signatory hereto. Said committee shall consist of two (2) Employer representatives and two (2)
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USEUnion representatives, who for the purposes of this Arti-
cle should meet at a prejob conference to discuss possible implementation. Should circumstances arise that warrant that the committee convene after a project has started, the parties will be amenable to such meeting. It is agreed that the classification of work, rates, payments and wages shall be in accordance with the following terms and conditions. No employee shall suffer any decrease in rates on February 28, 2018. 54: Favored Nations Clause: Should the Union at any time hereinafter enter into an agreement with any company operating within the industry with terms and conditions more advan-tageous to such company, or should the Union in the case of any company which has signed this form of agreement countenance a course of conduct by such company enabling it to operate under more advanta-geous terms and conditions than is provided for in this Agreement, the Employer, or the Association, parties to this Agreement, shall be privileged to adopt such advantageous terms and conditions provided: (1) the Employer or the Associations have sent written notice to the Union calling the matter to its attention; and (2) an arbitrator, appointed pursuant to this Agreement has ruled that such more advantageous contract has been entered into or ruled that such company is oper-ating under more advantageous terms and conditions than is provided for in this Agreement; the nature and extent of the more advantageous terms and conditions; and that the Union has countenanced the same.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 1st day of March, 2015.
UTILITY AND TRANSPORTATION CONTRACTORS ASSOCIATION OFNEW JERSEY, UTCA By: Robert A. Briant, Jr CEO
ASSOCIATED CONSTRUCTIONCONTRACTORS OF NEW JERSEY, ACCNJ By: Jack Kocsis, Jr. CEO
LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, HEAVY AND GENERAL CONSTRUCTION LABORERS’ LOCAL NO. 472 OF THE STATE OF NEW JERSEY By: Tony Oliveira Business Manager
LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA, HEAVY AND GENERAL CONSTRUCTION LABORERS’ LOCAL NO. 172 OF THE STATE OF NEW JERSEY By: Anthony Capaccio President and Business Manager
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STIPULATION AS TOCOLLECTIVE BARGAINING AGREEMENT
It is hereby stipulated and agreed by and between the Employer, whose authorized agent has executed this Stipulation and Agreement on the behalf of the Employer, and the Local Union of the Laborers’ Inter-national Union of North America, A.F.L.-C.I.O., which Local Union’s authorized agent has executed this Stip-ulation and Agreement on behalf of said Local Union, that for and in consideration of the mutual promises and covenants made and exchanged by and between the parties hereto, the aforesaid Employer recognizes and agrees to abide by the wages, working conditions, hours of work, fringe benefit requirements and all oth-er conditions set forth in the Collective Bargaining Agreement executed by and between Local Unions Nos. 472 and 172 of the aforesaid International Union and Utility and Transportation Contractors Associa-tion and or the Associated Construction Contractors of New Jersey, ACCNJ and which apply to the employ-ees employed by the Employer and represented by the Union Local 472 or 172 (as the case may be), a party to this Stipulation, as if said Agreement was set forth herein at length. Expiration date of this Collective Bar-gaining Agreement shall be the same as that set forth in the aforementioned Collective Bargaining Agree-ment between the aforesaid Local Unions and Utility and Transportation Contractors Association and or the Associated Construction Contractors of New Jersey, ACCNJ.
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It is further agreed that if the Employer sub- contracts any work covered by the aforesaid Agreement to any subcontractor or other person, the Employer shall be liable for all contributions owing to the Funds established under the said Agreement in the event the subcontractor or person fails to pay contributions to the said Funds for employees covered by the said Agree-ment employed by the said subcontractor or person. If, however, the Employer is subcontractor under this Agreement and becomes delinquent in the payment of any contributions to any Funds established under this Agreement, the said Employer hereby assigns and transfers over all right, title, and interest in all mon-ies due it from the general contractor or any other contractor, any governmental agency, or any owner or developer of the project for which the work is per-formed to the said Funds in an amount up to the sum due to the Funds. Upon notice by the Funds to the general contractor, contractor, or governmental agen-cy involved, the said general contractor, contractor or governmental agency shall immediately remit to the Funds the amount claimed to be due to the Funds. The amounts claimed to be due shall be immediately paid and if any dispute arises over the amount paid and a refund is alleged to be due to the Employer, the matter may be submitted to arbitration.
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IN WITNESS WHEREOF, the parties hereto set their hands and seals this day of, 20____.
__________________________________________Employer-Company’s Name
__________________________________________Street
__________________________________________City State Zip CodeTelephone ( )By:________________________________________ Authorized Company Agent___________________________________________ Print Name and Title
Heavy and General Construction Laborer’s Local Union No. 472 of the Laborer’s International Union of North America, A.F.L.-C.I.O.
By:________________________________________ Authorized Signature
Heavy and General Construction Laborer’s Local Union No. 172 of the Laborer’s International Union of North America, A.F.L.-C.I.O.
By:________________________________________ Authorized Signature
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INDEX
Articles PageUTCA/ACCNJ Recognition 1 6Agreement Annuity Fund 36 71Apprenticeship 5a 25Arbitration 43 77Audits 33f, 34d, 42 68, 70, 76Clean-up Facility 16 35Collection Costs 42 76C.I.A.P. 40 74Contributions 33 (a) (b), 65, 66 34 (a) (b), 35 68, 68, 70 36, 37, 40 71, 72, 74Construction Specialist 53 82Contractors Associations’Agreement 48 81Delinquencies 17, 42, 43 35, 76, 77Discrimination 5 23Driller’s Helper 26 58Drinking Water 16 35Drug Free Workplace 5B 28Dues Supplement 20 49Employee Responsibility 19 48Employer Discharge Pay 32 65Favored Nation Clause 54 83
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Featherbedding 13 33Foreman Fringe Benefit 23 55Payment Bond 44 78Fund Arbitration 43 77Grievance Procedure 17 35Hazardous Waste Sites 28A 60Higher Rate Classification 29 61Hiring 5 23Holidays Observed 30 62Holiday Pay 31 62Hours of Work 21 52Insurance for Employer’s Liability 41 76Job Stewards 9 30Jurisdictional Disputes 4 21L.E.C.E.T. 39 74Lockout 17 35Lunch 25 58Monthly Payment Bond 44 78New Work Classification 28 59N.J.S.L.H. & S.T.F. 38 73NJSLPAC/LEROF Deduction 20A 51Non Prevailing Wage Work 52 82Nuclear Plants 24A 57Owner MandatedEmergency Work 21A 53
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Partial Pay Day 22 54Pension Fund 34 68Picket Line 11 31Pre-Job Conference 7 29Preamble 5Preservation of Unit Work 47 79Rain Gear 16 35Reimbursement By Employer 17 35Renegotiation Notice 49 81Safety Codes 15 34S.E.T. Fund 35 70Separability of Provisions 51 81Shifts 24 56Signature Page 87Strikes 4, 11, 17 21, 31, 35Subcontractors 14 33Subcontractors Assignment 45 78Successors in Interest 46 78Termination Date of Agreement 50 81Territorial Jurisdiction 3 21Trainees 29 61Unemployment Compensation 8 29Union Recognition and Jurisdiction 2 7Union Security 6 28Union Visitation Rights 10 31
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Vacation Fund 37 72Wages 18 38Wage Payment Procedure 19 48Watchmen 27 59Welfare Fund 33 65Work and Protective Clothing 16 35Work Performance 12 32
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