Pertinent Changes to the Wall and Ceiling CBA

8/2/2019 Pertinent Changes to the Wall and Ceiling CBA

http://slidepdf.com/reader/full/pertinent-changes-to-the-wall-and-ceiling-cba 1/25

Pertinant Changes made to the Association of Wall-Ceiling &

Carpentry Industries Inc.

ArticleVI Section2 Subsection(g)

(g) For Association members only, on jobs with only two

employees, the Employer will be permitted to work without a

certified shop steward without a time limitation. The second

employee will be charged with the duties of the shop steward.

Failure to satisfy this provision will cause the Employer to

forfeit the right to utilize this privilege. The third employee

on the job will be a certified shop steward dispatched from the

Out of Work List and he/she will assume their duties of shop

steward for the remaining duration of the job. In the event that

the job workforce becomes reduced to two (2) employees, the

dispatched certified shop steward will be the second employee on

the job. The two man jobs will not be considered a head start.

ArticleXI Section10 Page 31 of the Contract

Employees employed on the last legal working day before

Christmas Day and before New Year's Day and who report to work

on such days, shall receive three (3) hours’ afternoon pay

without working. The employer will have the option of paying



its employees three (3) hours holiday pay and benefits in lieu

of working the scheduled four (4) hour work day. Work performed

on the afternoons of said days shall be paid at the double time

rate only. Fringe Benefit Contributions will be payable on the

half-holidays referred to above.

Article XII Section 8. Page 34

ARTICLE XXIII Page 69

MOST FAVORED NATIONS CLAUSE

If, during the term of this Agreement, the District Council of

New York City and Vicinity of the United Brotherhood of Carpenters

and Joiners of America (“District Council”) or the United

Brotherhood of Carpenters and Joiners of America ("UBC") or any

local union affiliated or associated with the District Council

and/or the UBC (collectively the “Union”), for work performed in

the geographical jurisdiction of the District Council, grants or

allows outside of existing collective bargaining agreements any

other employer, employers' association, construction manager,

general contractor, subcontractor, owner, developer, company, orother entity performing or having the responsibility to assign

the same or similar work as that covered by the jurisdiction of

this Agreement more favorable terms or conditions of employment

than those applicable to the Employer under this Agreement, the

Employer shall have the right to have such favorable terms or

TOTAL PACKAGE INCREASE PER YEAR

HOURLYINCREASE

EFFECTIVE DATES

7/01/11 7/01/12 7/01/13 7/01/14 7/01/15

$0.00 $2.60 $2.65 $2.70 $2.70



conditions incorporated herein, as if such favorable terms or

conditions were negotiated and agreed upon from the later of

the ratification date of this Agreement or the first date on

which such more favorable terms or conditions were granted or

permitted to exist.

The foregoing shall not apply wherever the Union enters into

a written agreement o r o f f e r s t o e n t e r i n t o a

w r i t t e n a g r e e m e n t with the Association of Wall-

Ceiling & Carp entry Industr ies of New York In c. to

allow concessions for a specific project to a member of the

Association of Wall-Ceiling & Carpentry Industries of New York

Inc. In such cases, the concessions shall apply only to the

work on the project as specified in the written agreement.

Disputes concerning this provision shall be subject to expedited

arbitration in accordance with the Expedited Arbitration

Procedures of the Labor Arbitration Rules of the American

Arbitration Association. Such disputes may be submitted directly

to the American Arbitration Association without going through the

grievance procedure set forth in Article XIII at any time after

written notice of the existence of a dispute is submitted to

the Union.

It is the understanding of the parties that any modification to

the existing collective bargaining agreements between the Union

and any employer, employers’ association, construction manager,

general contractor, subcontractor, owner, developer, company, orother entity performing or having the responsibility to assign

the same or similar work as that covered by the jurisdiction of

this Agreement requires the approval of the District Council’s

delegate body and that any modification not approved by the

District Council’s delegate body shall be null and void and



shall not be the subject of this provision, provided the

District Council renounces such modification and takes all steps

to pursue enforcement of its original agreement to the fullest

extent retroactive to the inception of the unauthorized

modification. So long as the District Council takes all steps

to pursue enforcement of the requirements of this paragraph,

then the first paragraph of this Article shall not apply.

ANTI-CORRUPTION MEASURES AND FULL MOBILITY

Section 1. Introduction.The parties to this Agreement acknowledge that certain anti-corruption

measures (“Anti-Corruption Measures”) provided for herein, are essential for

eliminating corruption on work sites, improving the competitiveness of employers,

and creating greater employment opportunities for members.

The parties further acknowledge and understand that with respect to the New

York City and Vicinity Carpenters Labor-Management Corporation

(“Corporation”) and the Anti-Corruption Measures, the Review Officer appointed

pursuant to the terms of the Stipulation and Order entered on June 3, 2010, in the

matter of United States v. District Council, et al., 90 Civ. 5722, SDNY (RMB), is

vested with specific authority over any decision of the New York City and Vicinity

District Council of Carpenters (“District Council”) regarding said Corporation andAnti-Corruption Measures. Without limitation, the parties acknowledge and

understand that the required notice of the Anti-Corruption Measures and

Corporation has been provided to the Review Officer and that the Review Officer

has the authority to approve expenditures, contracts, appointments, and rules

changes regarding decisions made by the District Council concerning said Anti-

Corruption Measures and Corporation; has the authority to take steps to remain

fully informed about the District Council’s actions; has the authority to utilizeinvestigative powers and receive reports and referrals; and has the authority to

review and report to the government and the Court on the operation of these Anti-

Corruption Measures and the District Council’s actions pertaining to them.

By entering into this Agreement, the parties hereby agree to develop and

abide by all procedures necessary to effectively implement the Anti-Corruption



Measures and to abide by the Rules and Penalties issued by the Corporation (see

below) as described or referenced herein, so as to warrant adjustment of the 50/50

rule provided for by the May 26, 2009 Order issued by Judge Charles Haight in

United States v. District Council, et al., 90 Civ. 5722, SDNY(RMB) (“Judge

Haight Order”). Provided further, the parties acknowledge that the Anti-Corruption Measures and the Rules and Penalties of the Corporation as described

herein, shall only become effective upon the effective rescission or adjustment of

the May 26, 2009 Order’s 50/50 rule. Should the May 26, 2009 Order not be

revised or adjusted with regard to the 50/50 Rule, the 2011 District Council

collective bargaining agreement with [insert the name of the Employers’Association that is executing the Agreement], shall be null and void.

Article __is not subject to, and may not be modified for, any most-favored

nations clause.

Section 2. Definitions.The following definitions shall apply when used in Article ___ of the

Agreement.

a. District Council Member . A “District Council Member” is anEmployee directly hired for a Project who is, or may be obligated to

become, a member of a Local Union affiliated with the District

Council.

b. Non-District Council Member . A “Non-District Council Member” is

an Employee directly hired for a Project who is not a District Council

Member.

c. Employee. An “Employee” is a person performing work covered by

the Agreement on a Project, but does not include any foreperson or

Shop Steward on a Project.

d. Full Mobility Employer . A “Full Mobility Employer” is an Employer

which is a member of [insert the name of the Employers’ Association

which is executing the Agreement] or which becomes a member of [insert the name of the same Employers’ Association] that agrees toabide by and implement the Anti-Corruption Measures, and whose

members are, therefore, allowed to utilize Full Mobility.

e. Full Mobility. “Full Mobility” describes the practice wherebyqualified persons may seek employment with a Full Mobility

Employer whether or not they are on the District Council Out-of-



Work List (“OWL”) (see below) or if they are on it, regardless of their position on the OWL; provided, however, the District Council shall

dispatch a Shop Steward as the second person hired to any job where

more than two Employees are working; provided further, the District

Council shall not dispatch a Shop Steward to jobs where a Full

Mobility Employer plans to employ and does employ no more than

two Employees. A Full Mobility Employer may hire directly any or

all Employee(s), necessary to staff a Project, subject to the Match.

(See below). The Shop Steward on the Project shall be dispatched

from the OWL, and shall match the foreman on the Project. An

Employee may solicit work from an Employer for a Project and, if

hired, shall be considered to have been directly hired by the Employer

for that Project. Full Mobility shall apply on any Project requiringmore than two Employees.

f. Match. “Match” refers to the ratio of OWL referrals who must be

hired to ensure that a Full Mobility Employer is employing an equal

number or greater than equal number of OWL Referrals as it employs

Non-District Council Member; and is the required condition on a

Project when there is an equal or greater number of OWL Referrals to

Non-District Council Members on a Project. The Match must be

maintained at all times for the entire term of the Project.

g. Project . “Project” shall mean a jobsite at which work covered under

this Agreement is performed by an Employer.

h. OWL. The “OWL” is the District Council Out-of-Work List, which

is operated in accordance with the District Council Job Solicitation,

Registration and Referral System Work Rules. (“Referral Rules”)

i. OWL Referral. An “OWL Referral” is an Employee referred from

the OWL. An OWL Referral may not be requested by name nor

directly hired by an Employer; provided, however, that an Employer

may request that an OWL Referral possess specific skills needed for a

Project.

j. Non-Full Mobility Employer . A “Non-Full Mobility Employer” is aFull Mobility Employer that has been penalized with the revocation of

Full Mobility, pursuant to the Corporation’s Rules and Penalties. A

Non-Full Mobility Employer must staff a Project pursuant to the terms

of the above referenced Judge Haight Order.

k. Membership Identification Card . The “Membership IdentificationCard” is the card issued by a District Council Member’s Local Union,



which identifies a person by name and Local Union affiliation.

l. Employer . An “Employer” shall mean a Full Mobility Employer or aNon-Full Mobility Employer.

m. Scan or Scanning. “Scan” or “Scanning” the process by which

representative(s) of the Inspector General’s Office (“IGO”) of theDistrict Council, Shop Steward(s), Labor Management Corporation

(see below) representative(s), and District Council representative(s),

enter information about an Employer’s Employees at a particular

project into a District Council-approved hand-held scanning device, in

accordance with the Member Scan Shop Steward User Manual.

(“Steward Manual”)n. The Labor Management Corporation: The parties to this Agreement

have authorized the Labor Management Corporation (“Corporation”)to investigate and adjudicate alleged violations of Anti-Corruption

Measures; and to adopt procedural rules for such investigations and

adjudications and penalties for such violations (“Rules and

Penalties”); and to establish and administer a joint adjustment boardfor each signator Employer’s Association (“Association”).

Section 3. Staffing a Project Under Full Mobility

A. Full Mobility Employer .

A Full Mobility Employer may staff a Project by directly hiring all

Employees for a Project; provided however, that for each Non-District

Council Member directly hired as an Employee for a Project, the Employer

shall hire an OWL Referral as an Employee for the same Project.

An Employer must maintain the Match during the duration of a

particular Project; its failure to do so shall be adjudicated in accordance with

the Rules and Penalties.

If a Full Mobility Employer does not directly hire any or all of the

Employees necessary to staff a Project, the remaining position(s) shall be

filled by OWL Referral(s).

B. Non-Full Mobility Employer .



A Non-Full Mobility Employer must staff a Project pursuant to the

terms of the above-referenced Judge Haight’s Order.

B. Shop Steward Requirement for a Project .

Each Project requiring more than two Employees shall have a Shop

Steward for each shift worked who shall be an OWL Referral.

An Employer who fails to obtain an OWL Referral or Shop Steward

for a project shall be adjudicated in accordance with the Rules and Penalties.

Section 4. Anti-Corruption Measures.

The Anti-Corruption Measures shall consist of:

• A Scanning Program to be administered and monitored by the DistrictCouncil’s Inspector General’s Office (“IGO”);

• A requirement that an officer(s) of an Employer certify the accuracy of each

weekly payroll submitted by the Employer;

• The Corporation’s administration of the process by which the adherence byEmployers to the Anti-Corruption Measures is investigated and adjudicated;

and in the event an Employer violates the Anti-Corruption Measures, the

Corporation shall mete out appropriate penalties.

A. Employer’s Obligations

Each Employer must report each of its Projects to the District Council before

commencing any work on such Project; provided, however, an Employer may

report a particular Project up to twenty-four hours after it commences, where the

Employer did not know, and could not be expected to know in advance, the

specific start date or starting time of the Project in question. Each Project shall be

assigned a “Job Number” by the District Council.

An Employer’s failure to do so shall be adjudicated in accordance with theCorporation’s Rules and Penalties. (“Rules and Penalties”)

An Employer must request from the District Council a Shop Steward for

each shift requiring more than two Employees working on a Project; its failure to

do so shall be adjudicated in accordance with the Procedures and Penalties.



An Employer shall permit a Shop Steward, at the beginning of each shift of

the Project, to scan in each Employee of an Employer on a Project; in addition, the

Employer shall notify the Shop Steward if an Employee(s) reports to work after the

beginning of a shift and permit the Shop Steward to scan in that Employee(s).

The Employer must not deny access to its Project by IGO representative(s),

(who shall have primary responsibility for monitoring an Employer’s compliance

with the scanning procedures described herein), Corporation representative(s), and

District Council representative(s), to any Project for the purpose of scanning, and

for any other purpose related to their enforcement of this Agreement; provided,

however, the above-referenced representatives must comply with all safety and

security rules the Employer and/or the owner/developer of the Project site

generally requires of visitors to the site.

After scanning each Employee working on a project, the Shop Steward shall

enter information into the scanner for the Project as to the expected length of the

workday for each Employee; provided, however, that if any Employee leaves the

Project prior to the end of the scheduled work day, or otherwise works more or

fewer hours than provided for in the scheduled work day, the hours worked for

that particular Employee shall be adjusted accordingly by the Shop Steward.

The information entered into the scanner for each Project indentified by a

Job Number shall be transmitted to Standard Data Corporation (“SDC”) at the end

of each shift of a Project by the Shop Steward. This information shall be provided

by SDC to the District Council, the District Council Funds, and the Corporation,

on a weekly basis, or more frequently if requested. The information shall be

provided to the Employer on a daily basis.

Subject to the representatives’ compliance with the safety and security rules

in place for visitors to the Project site, an Employer may not deny or hinder access

of IGO representative(s), Shop Steward(s), Corporation’s representative(s), and/or District Council representative(s), to any Project for the purpose of scanning

Employees or enforcing this Agreement; its denial or hindrance of access by these

officials shall be adjudicated in accordance with the Corporation’s Rules andPenalties.

An Employer is ultimately responsible to correct an inaccurate Shop



Steward’s scanning report identifying Employees working during a particular payroll week and reciting the hours they worked no later than the end of the first

day of the following payroll week. These corrections shall be immediately

forwarded to the administrator of the scanning system (to the addresses provided

by the District Council) electronically or by facsimile transmission.

Any Shop Steward who does not satisfactorily fulfill his or her scanning

duties on a Project, may be penalized pursuant to the District Council Shop

Steward Review Process. Furthermore, a Shop Steward may face internal union

disciplinary charges in accordance with the District Council Charge and Trial

Procedures.

District Council representative(s) shall be assigned by the District Council to

visit a Project at least once during the Project’s term. The District Council

representative shall be required to “scan in” upon arrival with the Shop Steward atthe Project. Each District Council representative shall also have a functioning,

operational scanner and may scan Employee(s) at a Project. Each Project visit by a

District Council representative shall be recorded on a District Council Profile

Sheet, maintained for this purpose

B. Verification.

An Employer, through a principal or an officer, shall submit weekly to the

Corporation, a Certification Form for each weekly payroll that is signed and dated

by the principal or officer. (A copy of the Certification Form is attached and

marked as Exhibit ___, and incorporated into this Agreement.) Copies of such

certification forms shall be made available to the IGO upon its request to the

Corporation. The Certification Form shall identify by name and membership

identification number, where applicable, each Employee on the Employer’s payrollfor the week in question; and, the number of hours each Employee, foreman, and

Shop Steward, worked during the week in question. By signing the Certification

Form, the Employer represents that the information provided is true and accurate tothe best of the Employer’s knowledge and belief.

An Employer must submit accurate weekly payroll Certification Forms; its

failure to do so shall be adjudicated and penalized in accordance with the Rules

and Penalties.



C. Inspector General’s Office

The IGO shall have authority to investigate alleged violations of Anti-

Corruption Measures, to refer these alleged violations to the Corporation and to

present them as grievances to the appropriate Joint Adjustment Board in

accordance with the Corporation’s Rules and Penalties.

D. Corporation

The Corporation shall establish and administer Joint Adjustment Boards

(“Board” or “Boards”) for each Signatory Employer Association (“Association”)composed of persons appointed by the Association, District Council, and General

President of the United Brotherhood of Carpenters and Joiners of America; it may

be chaired by an impartial arbitrator with the authority to break deadlocks between

Board members. The Board shall process and adjudicate all alleged violations of Anti-Corruption Measures in accordance with the Corporation’s Rules and

Penalties. The Rules and Penalties, and Exhibits thereto, are hereby incorporated

by reference into this Agreement; the parties also agree that the Corporation may

amend the Rules and Penalties in the future, and that the amended Rules and

Penalties will be binding on each party.

The Corporation shall also employ persons who shall investigate, and bring

before the Board, grievances charging entities that it has a reasonable basis to

believe engaged in violations of Anti-Corruption Measures.

1. Joint Adjustment Boards

Each Board shall process, adjudicate, and penalize, if required, alleged

violations of the Anti-Corruption Measures. Any dispute, alleged violation of or

question concerning the application or interpretation of the Anti-Corruption

Measures under Article ____ of the Agreement shall be determined by a Board inaccordance with the Rules and Penalties. All other alleged violations or disputes

under the Agreement shall be processed under the Agreement’s Grievance

Procedure. See, Article ___, of the Agreement.

The Board shall also adopt rules that govern its investigations of alleged

violations of the Anti-Corruption Measures; its adjudication of such violations; its



imposition of penalties for confirmed violations; and its enforcement of penalties

imposed.

Rules and Penalties of the Labor Management Corporation

1. Board Resolutions - Anti-Corruption Measures: The Labor Management

Corporation (“Corporation”) has been authorized by a resolution of its Directors to

participate in the administration of a set of anti-corruption protocols agreed to by the

District Council of Carpenters of New York City and Vicinity (“Union”) and the [names

of Associations] in their recently executed collective bargaining agreement (“CBA”)

(these anti-corruption protocols are referred to in the CBA and shall be referred to

hereafter as “Anti-Corruption Measures”).

2. Labor Management Corporation – Powers of the Chair: The Board of Directors of

the Corporation has by resolution, appointed an Executive Director with the authority to

administer the Anti-Corruption Measures program (“Program”). Pursuant to that

resolution, the Executive Director shall have:

• The authority to expend the funds approved by the Directors as

necessary for the administration of the Program;

• The authority to administer each Joint Adjustment Board(“Board” or

“Boards”) created by a CBA between the Union and an Employer Association in order to

adjudicate alleged violations of the Program;

• The authority to employ a Principal Investigator and up to eight

investigators;

• The authority to investigate alleged violations by Employers, shop

stewards or others of the Anti-Corruption Measures based on reasonable suspicion,

information received from a reliable source or randomly;

• The authority to refer to the appropriate Board alleged violations of the

Program when the Principal Investigator believes that there are reasonable grounds



supporting his/her belief that a violation of the Anti-Corruption Measures by an

Employer has occurred;

• The authority to refer to the Union alleged violations by a shop steward

where the Principal Investigator believes there are reasonable grounds supportinghis/her belief that a violation of the Anti-Corruption Measures has occurred;

• The authority to propose to the Corporation one or more

amendments to these Rules as circumstances dictate.

3. Labor Management Corporation:– Responsibilities of The Executive

Director: The Executive Director shall be responsible to:

• Administer the investigation of alleged violations of the Program;

• Hire and manage a Principal Investigator and up to eight

investigators (at least five of whom must have backgrounds in law enforcement) and

direct them to investigate alleged violations of the Program, with a focus on violations

occurring on jobs reported to the District Council as “two person jobs”.

• Establish Boards responsible for adjudicating alleged violations of the Program, in cooperation with the Union and Employer Associations;

• Ensure that penalties meted out by a particular Board are

implemented and fines imposed are collected.

• Maintain detailed records of each allegation of a violation of the

Program, including by whom the grievance(s) was made or referred, to which

investigator the grievance(s) was assigned, a description of the outcome of each

investigation, a notation indicating whether the Principal Investigator prosecuted the

alleged violation before a Board, the outcome of the prosecution and the status of the

penalties, if any, imposed;

• Report to the Corporation at least once a calendar quarter via a

written summary of the activities of the Principal Investigator, investigators and the





8. Quorum: The presence of one member appointed by an Employer

Association and one member appointed by the Union shall constitute a quorum for the

transaction of all business by a Board.

9. Board -Vote: The two members appointed by the Union and the two

members appointed by the Employers’ Association shall each have one vote. All

affirmative decisions must be unanimous; deadlocks shall be submitted to the Impartial

Chairperson for resolution.

10. Impartial Chairperson: The Impartial Chairperson for a particular Board

shall be selected as follows:

The Union shall submit to all the signator Employer Associations the namesof five arbitrators who have reputations for impartiality and fairness; and theEmployer Associations shall collectively submit a similar list of the names of five arbitrators who have reputations for impartiality and fairness. The Unionmay strike three names from the Associations’ list and the Associations may strike three names from the Union’s list. The four remaining arbitrators shallserve as a

rotating panel of Impartial Chairpersons, with each agreeing to sit for up totwo days a month for three consecutive months as the Impartial Chairperson

for each Board that has hearings on one or both days of the month scheduledfor such hearings. If the members of a particular Board deadlock on eitherthe existence of or on the appropriate penalty for a violation, the ImpartialChairperson shall vote to break the deadlock. The Impartial Chairperson shallissue an oral ruling, within one hour after the hearing is closed, and issue a brief, written confirmation of the oral ruling within twenty-four (24) hours of the issuance of the oral ruling.

11. Administrative Personnel: Each Board shall be administered by the

Executive Director of the Corporation (“Executive Director”), who shall provide space

for hearings, teledata and copying facilities, secretarial assistance and room for files for

the Boards.

12. Grievances: All grievances alleging violations of Anti-Corruption

Measures that come to the attention of the Corporation shall be logged-in and processed

pursuant to the procedures set forth in Exhibit A, “Process for Grievances” attached

hereto. After processing, a particular grievance shall be referred to the Principal



Investigator, who shall cause each such grievance to be promptly investigated pursuant

to Exhibit A.

13. References to the Board: A Board shall only hear grievances referred for

prosecution to it by the Principal Investigator, after consultation with the ExecutiveDirector, and by the Inspector General of the District Council. After a grievance is

received, the Board shall schedule a hearing as soon as the Board can be convened.

14. Service of Grievances: The Board shall expeditiously serve a Notice of

Grievance on the party grieved with a summary of the grievance referred to the Board by

the Principal Investigator, or the Inspector General, pursuant to the procedures set out

in Exhibit A and sufficiently in advance of the scheduled hearing to give the aggrieved

party a reasonable opportunity to prepare, but in no event less than one (1) week prior

to the hearing. The grievance may be sent by overnight mail, email or as a facsimile.

15. Appearances: A grievance shall be presented to the Board by the Principal

Investigator or his/her designee. A grievance may also be presented to the Board by the

Inspector General or his/her designee. Each grievance shall be responded to by a

representative of the grieved party. The parties shall have the right to be represented by

counsel.

16. The Hearing: The grievances shall be presented via testimonial and

documentary evidence. All witnesses shall swear to testify truthfully. Each side shall beallowed two hours (inclusive of its cross-examinations of adverse witnesses) to present

its case, unless the Board, in its discretion, allows additional time or provides for

additional hearings. The ordinary rules of evidence shall not apply.

17. Decisional Process: At the close of the hearing, the Board shall retire to

consider the evidence; it shall make a decision in no more than two hours or at such

time as the Board in its discretion shall determine. If the Board cannot reach a

unanimous decision, the matter will be regarded as deadlocked and shall be submitted

to the Chairperson who may proceed to decide the matter pursuant to paragraph 10.

18. Penalties: If the Board finds an Employer has committed a violation of the

Anti-Corruption Measures it shall impose the appropriate penalty based on the category

the violation is assigned as described in more detail in Exhibit B “Penalties”, to the

Rules and Penalties; provided, however, either the Association-appointed Board



members or the Union-appointed Board members may petition the Impartial

Chairperson in writing to impose a lesser or greater penalty on the ground that the

prescribed penalty would, if imposed, result in a manifest injustice. Such a petition

must be filed with the Impartial Chairperson no later than seventy-two hours after the

Board imposes a penalty; the other two Board members shall have an additional forty-

eight hours to state their opposition to the requested relief. The Impartial Chairperson

shall issue a brief written ruling no later than five business days after receiving the

petition seeking relief.

19. The unanimous decisions of the Board and all decisions of the Impartial

Chairperson shall be final and binding, and not subject to further review.



Exhibit B

Penalties

Adjudicated violations of the Anti-Corruption Measures shall result in minimum-

mandatory penalties; provided, however, a Board may suspend the imposition of a

penalty for a Category 2 violation that occurs within the first three months after the

Agreement is executed by both parties. Violations by an Employer shall include, but not

be limited to:

• failure to timely obtain a Job Number prior to the start of the job;

• failure to have a shop steward on a Project;

• failure to timely correct an inaccurate shop steward’s (scanned) report;

• intentional submission of a false Certification Form;

• submission of an inaccurate Certification Form;

• failure to maintain a proper Match on a Project;

• denying or hindering access to a Project for purposes of scanning by IGO

representative(s), shop steward(s), Corporation representative(s), and/or District

Council representative(s).

Each specific violation shall carry a minimum-mandatory penalty up to and

including revocation of Full Mobility; provided, however, inadvertent and unintentional

violations may not warrant the imposition of a minimum-mandatory penalty where to

do so would result in a manifest injustice.

Violations of the Anti-Corruption Measures shall be categorized as either a Category

1 or a Category 2 violation. Any alleged violation is serious, and a violation found by the

BOARD warrants appropriate punishment. However, it is recognized that some

violations are more serious, and warrant stronger punishment. Upon such a finding of a

Category 1 or Category 2 violation, the Board will impose specific, mandatory penalties



on an offending Employer for each established violation.

A Category 1 violation shall be considered to be the most serious, and, therefore,

warrant the strongest penalty. Accordingly, an Employer found to have committed a

Category 1 violation shall have Full Mobility revoked for the duration of the Agreement.

The penalty will be mandatory.

CATEGORY OF VIOLATION MINIMUM-MANDATORY PENALTY

Category 1 Revocation of Full Mobility for duration of

the Agreement

Category 2 First Violation $1000

Category 2 Second/Third Violation $2000 (second)

$5000 (third)

Category 2 Fourth Violation Revocation of Full Mobility for duration of

the Agreement

VIOLATION PENALTY

Intentional submission of a false

Certification Form

Category 1

Intentional failure to make all payments

required by the Agreement to an

Employee;

Category 1

Intentional falsification of Fringe Benefit

remittance reports;

Category 1



Refusal to make Fringe Benefit

contributions in response to a Court order

or an arbitrator’s order after time for an

appeal has expired;

Category 1

Failure to timely report a Project Category 2

Failure to timely obtain a Job Number for a

Project;

Category 2

Failure to have a steward on a Project Category 2



where required;

Failure to maintain the Match; Category 2

Submission of more than three (3)

inaccurate Certification Forms within a

rolling twelve month period;

Category 2

Failure to submit a Certification Form; Category 2

Denying or hindering access to a Project for

purposes of scanning by IGO

representative(s), shop steward(s),

Corporation representative(s), and/or

District Council representative(s).

Category 2



Exhibit A

Processing Grievances and Conducting Investigations

Complaints about possible violations of the Anti-Corruption Measures may

come to the Corporation through a variety of sources including a member, another

employer, the Review Officer, Inspector General’s Office of the District Council

(“IG”), District Council Representatives, a Shop Steward or a Corporation

investigator . All complaints will be investigated and reviewed and a determination

shall be made by the Principal Investigator in consultation with the Executive

Director, or by the IG pursuant to IG Procedures, either that the evidence does not

support a preliminary finding that a violation has occurred; or that the evidence

supports a reasonable belief that a violation has occurred; or that the evidence of a violation is inconclusive or that referral to a Board is unwarranted. Each allegation

of a violation shall be assigned an identifying number, shall be electronically filed

(with back-up), shall have attached to it in an appropriate file the notes, if any, of the

investigator assigned to the case, the notes of the Principal Investigator, if any, and a

scanned version of all documents reviewed in the course of the investigation and

scanned versions of all other relevant documents or comments made by related

parties, including the Employer involved. The electronic file of each matter

investigated shall be password protected and access restricted to all except those with

a “need to know” the contents of the files. At each stage of the grievance process, the

decisions made and the individuals responsible for those decisions will be

documented in writing and signed off by the individual or the appropriate supervisor

or head of the respective department.

A staff person within the office of the Corporation will be designated by title or

duties as the Intake Person.

Any intake either by phone, investigation or electronic mail will be documented

with date and time on the Intake Form. The Intake Person will record all information

offered by complainant and get the following information:



1. Name of complainant, UBC ID # (if any) and contact information

2. Date of alleged offense

3. Employer, or Shop Steward,committing alleged violation and any relevant

information on Employer including:

a. Site location

b. Foreman on site

c. Shop Steward on site

d. Facts supporting allegation

e. Complainants’ relation to employer (e.g. employee, steward, witness).

4. The intake form will then be given an identification number, and delivered to the

Principal Investigator or his designee within 24 hours for assignment for follow up by

one or more investigators.

When an investigation is completed and there are findings supporting a belief by thePrincipal Investigator, in consultation with the Executive Director, or the IG, that there

is evidence of a violation or violations of the Anti-Corruption Measures by an Employer,

a “Notice of Grievance” will be drafted which will include:

1. Name of Employer, Address and Contractor ID #

2. Site of violation and date(s) of alleged violation(s)

3. Job #

4. Date for the hearing of allegations; and

5. Rules governing the hearing process



The Notice of Grievance will be sent to the principal officer of the Employer in

question, the Review Officer, the IG, and the appropriate Employer Association and the

District Council.

Before a Notice of Grievance shall issue the Principal Investigator, Executive

Director and IG shall meet with the Employer grieved in good faith effort to settle or

adjudicate the matter.

When a case is developed by the random field visits of the Corporation’s

investigators a similar process will be followed. The facts will be recorded by the

investigator on the intake form and be given an identification number. Furtherinvestigation will be conducted as determined after an initial review and approval by the

Principal Investigator. This may include interviews of employees of the Employer,

review of payrolls, benefit fund payments and access to all information available from

either the District Council records and staff or the District Council Fringe Benefit Funds.

The case will proceed until such time as there is a reasonable belief to create a “Notice of

Grievance” or the case will be closed because there was no finding of cause to believe a

violation occurred.

Coordination of efforts

The Executive Director, the Principal Investigator and the IG shall meet no less

than weekly to review cases, determine whether the Corporation or the IG will be

primarily responsible for investigating a case or reviewing the information received.

These coordination meetings will be essential to eliminate unnecessary duplication of

efforts.

Access to Records

In order to properly investigate and evaluate alleged violations, the Corporation’s

investigative staff will be authorized to require an Employer to provide documents

necessary to make an assessment in a particular case. These documents may include:



1. Foreperson’s activity reports

2. Bid documents

3. Shop steward reports or scanner reports

4. Invoices/requisitions for payments

5. Overtime tickets

6. Job coordination meeting notes

7. Emails and other communication between Employers and site supervision

Documents

Pertinent Changes to the Wall and Ceiling CBA