ibew fourth dist rict market recovery agreement … · 4th district northern ohio recovery...
TRANSCRIPT
IBE
4th D
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RTH DVERY
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DISTY AGR
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4th District Northern Ohio Recovery Agreement Page i December 1, 2011 through November 30, 2012
TableofContentsAGREEMENT PARTNERS .................................................................................................................... 1
SCOPE OF WORK ................................................................................................................................... 1
GEOGRAPHIC JURISDICTION ............................................................................................................ 1
COUNTIES BY STATE ....................................................................................................................... 2
COUNTIES BY LOCAL UNION ........................................................................................................ 2
EFFECTIVE DATES ............................................................................................................................... 4
GRIEVANCES, DISPUTES, INTERPRETATIONS AND CHANGES ................................................. 4
GRIEVANCE PROCEDURE .............................................................................................................. 5
MANAGEMENT RIGHTS ...................................................................................................................... 5
HOURS/WAGES/WORKING CONDITIONS ........................................................................................ 6
SURETY BOND ...................................................................................................................................... 6
REFERRAL .............................................................................................................................................. 7
RE-REGISTRATION ........................................................................................................................... 9
EXCEPTIONS ...................................................................................................................................... 9
SKILLS ............................................................................................................................................. 9
WORKER RECALL ...................................................................................................................... 10
FOREMAN CALL BY NAME ...................................................................................................... 10
APPEALS COMMITTEE .................................................................................................................. 10
REPEATED DISCHARGE ................................................................................................................ 11
WAGES AND FRINGE BENEFITS ..................................................................................................... 12
NATIONAL ELECTRICAL BENEFIT FUND (NEBF) ................................................................... 12
NATIONAL ELECTRICAL ANNUITY PLAN (NEAP): ................................................................ 13
NECA/IBEW FAMILY MEDICAL CARE PLAN ........................................................................... 13
RECOVERY AGREEMENT COLLECTION AGENT .................................................................... 14
CREW MIX AND RATIOS ................................................................................................................... 14
4th District Northern Ohio Recovery Agreement Page ii December 1, 2011 through November 30, 2012
CODE OF EXCELLENCE ..................................................................................................................... 15
SAFETY ................................................................................................................................................. 15
TRAINING ............................................................................................................................................. 15
ADVANCEMENT AND TRAINING ............................................................................................... 16
JOB REPORTING REQUIREMENTS .................................................................................................. 17
PORTABILITY OF MANPOWER ........................................................................................................ 17
SEPARABILITY CLAUSE ................................................................................................................... 17
ATTACHMENT “A” WAGES .............................................................................................................. 18
BASE WAGES ................................................................................................................................... 18
FRINGE BENEFITS AND RELATED FUNDS ............................................................................... 19
Site NECA Administrative Funds ................................................................................................ 19
WAGE RATE CALCULATIONS SHEET ........................................................................................ 20
PORTABILITY OF MANPOWER MEMORANDUM OF UNDERSTANDING ............................... 21
JOB START FORM ............................................................................................................................... 23
TRACKING FORM ............................................................................................................................... 24
4th District NoDecember 1, 2
IBEW Loca
NECA, the
Mahoning V
the Ohio, M
Bargaining
This Agree
Sma
attac
Gas
Fast
Place
Fune
Nurs
Sma
Stora
Expr
Holid
Resid
Sma
than
Sola
Light
shall
the o
This agreeme
The geogra
this agreem
orthern Ohio Re2011 through N
al Unions 8,
e North Ce
Valley Chap
Michigan an
Agreement
ment shall
ll medical c
ched to a ho
stations/con
food restau
es of Worsh
eral Homes
sing homes,
ll office, reta
age Units, C
ress Hotels a
day Inn Expr
dential Units
ll stand-alon
n 15,000 sq.
r projects (5
ting Retrofit
l be defined
one for one
ent shall not a
aphic jurisd
ment in the
ecovery AgreemNovember 30, 2
, 38, 64, 12
entral Ohio
pter of NEC
nd West Vir
t shall appl
apply to th
clinics, stand
ospital)
nvenience st
rants and fr
ip
assisted livin
ail/wholesale
Car Washes
and Motels
ress, Hampt
s (subject To
ne Manufact
ft.)
500 panels o
ts (when not
as the chan
replacement
apply to jobs
diction of th
following c
ment 2012
AGREE
29, 246, 30
o Chapter
CA enter thi
rginia count
y unless m
SCO
e following
d-alone doc
ores
ranchised ch
ng facilities,
e facilities un
(4 stories o
on Inn, Hote
o Davis Baco
turing Facilit
or less) unles
t associated
nging of lamp
t of existing
being worked
GEOGRAP
his agreeme
counties of
EMENT PAR
06, 540, 573
of NECA,
s agreemen
ties listed h
odified here
OPE OF W
:
tor and den
ain restaura
and daycare
nder 15,000
r less) witho
el 6, Red Ro
on Rates)
ies when fre
ss otherwise
with remode
ps and balla
fixtures
d under Local
PHIC JURI
ent shall be
the Local U
RTNERS
3, 673 and
the Ohio/
nt in the in
herein. All
ein.
WORK
ntist offices
ants including
e facilities u
sq ft with le
out conferen
oof Inn, etc.
ee standing
e covered un
els involving b
sts in existin
l Agreements,
ISDICTION
e all work c
Unions and
the Greate
/Michigan C
nterest of g
provisions
with up to
g independe
nder 15,000
ess than 10
nce or resta
(Clarification
and not par
nder the agre
branch re-cir
ng light fixtu
, National Ag
N
covered by
counties lis
er Cleveland
Chapter of
rowing Mar
of the Insid
o 600 amp
ent bars and
0 sq ft.
units attach
aurant facilit
n by the site
rt of a large
eement
rcuiting) Ligh
ures and sha
reements or P
the scope
sted herein
Page 1
d Chapter o
f NECA, th
rket Share
de Collectiv
services (no
taverns.
ed
ties. Example
e local union
er facility (les
hting Retrofi
all also includ
PLA's.
contained
.
of
he
in
ve
ot
e:
)
ss
ts
de
in
4th District Northern Ohio Recovery Agreement Page 2 December 1, 2011 through November 30, 2012
4th District Northern Ohio Recovery Agreement
COUNTIES BY STATE
Ohio Counties Ashtabula Carroll Carroll Columbiana Cuyahoga Defiance Erie Fulton Geauga Hancock Harrison Henry Holmes Huron Jefferson Lake Lorain Lucas Mahoning Medina Ottowa Paulding Portage Putnam Sandusky Seneca Stark Summit Trumbull Tuscarawas Wayne Williams Wood
West Virginia Counties Brooke Hancock
Michigan Counties Hillsdale Lenawee Monroe
4th District Northern Ohio Recovery Agreement
COUNTIES BY LOCAL UNION
Local Union 8 Ohio Counties
Defiance Fulton Hancock Henry Lucas Ottowa Paulding Putnam Sandusky Seneca Williams Wood
Michigan Hillsdale Lenawee Monroe
Local Union 38 Ohio
Cuyahoga Geauga Lorain
Local Union 64 Ohio
Columbiana Mahoning Trumbull
Local Union 129 Ohio
Erie Medina Huron Lorain
4th District Northern Ohio Recovery Agreement Page 3 December 1, 2011 through November 30, 2012
Local Union 246 Ohio
Carroll Columbiana Harrison Jefferson West Virginia
Brooke Hancock
Local Union 306 Ohio
Medina Portage Summit Wayne
Local Union 540 Ohio
Carroll Columbiana Holmes Mahoning Stark Tuscarawas Wayne
Local Union 573 Ohio
Ashtabula Geauga Mahoning Portage Trumbull
Local Union 673 Ohio
Ashtabula Geauga Lake
4th District NoDecember 1, 2
This Agree
until Novem
effect from
changed or
Either part
the Chapte
days prior
The terms
expiration
this agreem
Grievances
NECA Cha
modificatio
be referred
Manageme
Committee
representin
Chairman a
the Eastern
Any matter
Local Union
Manageme
In the abse
final and b
approved b
implementa
Regional D
and bindinorthern Ohio Re2011 through N
ement shall
mber 30, 2
m year to ye
r terminate
ty or an Em
er, desiring
to the exp
s and cond
date. On
ment shall r
GRIEV
s and disput
apter or e
ons: All issu
d to the
ent Commit
e which sha
ng the Cha
and Secreta
n Regional
r involving
n Labor Ma
ent Committ
ence of a d
binding. A
by the IBEW
ation. Dea
Director for
ng resolutioecovery AgreemNovember 30, 2
take effec
2012 unless
ear thereaf
d in the wa
mployer wit
to termina
iration date
ditions of t
all projects
remain in ef
VANCES, D
tes under t
employer n
ues not res
Northern O
ttee establis
all consist o
apters or e
ary. The IB
Director of
interpretati
anagement
tee.
deadlock, th
All changes
W 4th Distri
adlocked is
NECA East
on. The ment 2012
EFF
ct on jobs b
s otherwise
fter, from D
ay later prov
hdrawing r
ate this Ag
e of this Ag
this Agreem
s bid prior t
ffect until s
DISPUTES,
this Agreem
negotiated
solved by th
Ohio Labor
shed and s
of up to th
employers s
BEW Fourth
f NECA or e
ions and or
Committee
he Northern
s, modifica
ct Vice Pre
ssues conc
tern Region
Northern O
ECTIVE DA
bid after De
e specifical
December 1
vided herei
representat
greement m
greement o
ment shall
to the canc
such project
, INTERPR
ment will be
Inside Co
he site Loca
r Managem
shall be na
hree (3) re
signatory t
h District IV
employer sh
r changes o
e, but shall
n Ohio Labo
tions and
sident and
erning this
n and the I
Ohio Labor
ATES
ecember 1,
ly provided
1 through N
in.
tion from th
must provid
or any anniv
remain in
cellation of
ts are comp
RETATION
e handled a
onstruction
al Union La
ment Comm
amed the N
epresenting
to this Agr
VP shall sele
hall select t
of this Agre
be referred
or Managem
interpretat
the NECA
s Agreemen
IBEW Four
r Managem
, 2011, and
d for herein
November 3
he Chapter
de written
versary dat
n full force
f this agree
pleted.
NS AND CH
as provided
Agreemen
abor Manag
mittee. Th
Northern Oh
g the Union
reement.
ect the Uni
the Manage
eement will
d back to th
ment Comm
tions of thi
Eastern Re
nt shall be
rth District
ment Comm
d shall rem
n. It shall
30 of each
or not rep
notification
te occurring
e and effe
ement the p
HANGES
in the Loca
nt with th
ement Com
here shall
hio Labor M
ns and up
It shall se
ion represe
ement Repr
not be han
he Northern
mittee decis
is agreeme
egional Dire
e referred t
Vice-Presid
mittee shall Page 4
main in effec
continue
year, unles
presented b
n at least 9
g thereafte
ect until th
provisions o
al Union an
he followin
mmittee sha
be a Labo
Managemen
to three (3
elect its ow
entatives an
resentative
ndled by th
n Ohio Labo
sion shall b
ent must b
ector prior t
to Executiv
dent for fin
meet sem
ct
in
ss
by
90
er.
he
of
nd
ng
all
or
nt
3)
wn
nd
s.
he
or
be
be
to
ve
al
mi-
4th District NoDecember 1, 2
annually to
update of t
Fourth Dist
The grieva
All grievanc
the parties
may be arr
the Employ
Grievances
Step 1.
Step 2.
Step 3.
The time p
The Unions
owner. Th
in the Coll
directing a
employees
employees
orthern Ohio Re2011 through N
o review the
the progres
trict Vice-Pr
nce proced
ces shall be
s to this ag
rived at in a
yer.
s, on any wo
The loca
If the p
grievanc
Northern
become
shall me
Failure o
constitut
Vice Pre
binding
period set fo
s understan
he Employe
ective Barg
and control
to proper
from job t
ecovery AgreemNovember 30, 2
e progress o
ss of this ag
resident.
ure is as fo
e filed with
reement re
any step of
ork covered
al parties sh
parties are
ce or cont
n Ohio Lab
effective i
eet within 1
of the North
te a basis
esident and
resolution.
orth herein
nd the Emp
er shall, the
gaining Agr
lling the o
rly perform
to job with
ment 2012
of this agre
greement t
GRIEVA
ollows:
hin ten (10)
easonably b
f the grieva
d by this ag
hall meet w
unable to
roversy wi
bor Manage
immediately
0 calendar
hern Ohio L
for a subm
d the Easte
can be ext
MANA
ployer is re
erefore, hav
reement of
operation o
m the work
hin the geo
eement. Th
to the Easte
ANCE PRO
) calendar d
became aw
ance proced
greement sh
within 48 ho
effect an
thin 10 bu
ement Com
y. The No
days to he
Labor Mana
mittal of the
ern Regiona
ended by m
AGEMENT R
esponsible
ve no restr
the site lo
of all his w
k, in hiring
ographical j
he Committ
ern Regiona
OCEDURE
days after
ware of the
dure which
hall be han
ours to try t
amicable s
usiness day
mmittee for
orthern Ohi
ear the griev
agement Co
e issue or
al Director
mutual agre
RIGHTS
for perform
rictions exce
ocal union
work, in de
and layin
jurisdictions
tee shall se
al Director
the compla
event. Se
will be bin
dled in the
to resolve th
settlement
ys, it shall
r a final a
io Labor M
vance.
ommittee to
question to
of NECA fo
eement of t
ming the w
ept those s
and this a
eciding the
ng off emp
s contained
nd a writte
of NECA an
ained of ev
ettlement o
nding on th
following m
he grievanc
or adjustm
l be subm
nd binding
Management
o reach a d
o the IBEW
or immedia
the parties
work as req
specifically
greement,
e number
ployees, in
d in this ag
Page 5
en report an
nd the IBEW
vent arose o
of grievance
he Union an
manner:
ce.
ment of an
mitted to th
decision t
t Committe
decision sha
W 4th Distri
ate final an
in writing.
uired by th
provided fo
in planning
and kind o
transferrin
greement,
nd
W
or
es
nd
ny
he
to
ee
all
ct
nd
he
or
g,
of
ng
in
4th District NoDecember 1, 2
determinin
employees
this agreem
employees
between th
The emplo
work to sa
in the work
at time and
the overtim
this section
overtime.
agreement
Each Emplo
employees
amounts d
the Employ
without 15
The Northe
shall direct
direct paym
affected fu
An employ
Agreement
to cover all
orthern Ohio Re2011 through N
g the need
to observe
ment, in re
for prope
he Inside Co
oyer has the
tisfy owner
kweek or (1
d one-half
me rate per
n to lock-ou
There are
t.
oyer shall f
; $1,000 fo
ue on acco
yer required
days prior
ern LMC, In
t payments
ments of d
nds or to th
yer who w
ts may bon
l regions. B
ecovery AgreemNovember 30, 2
d and numb
e the emplo
equiring all
er cause.
ollective Ba
HOUR
e right to e
r and/or cu
10) hours in
(1½) the r
the site Lo
ut an individ
e no shift p
furnish a su
or each add
ount of pay
d by this A
written not
nc. shall ha
of delinqu
elinquent f
heir designa
wishes to p
d at the ra
By doing so
ment 2012
ber as well
oyer’s and/
employees
The terms
argaining Ag
RS/WAGES
establish fle
ustomer req
n the workd
regular stra
ocal Union’s
dual emplo
premiums
SU
urety bond
ditional emp
roll and fun
Agreement.
tice to the
ve full pow
uent wages
fund contri
ated agents
erform wo
te of $20,0
o, the emplo
as the pers
/or owner’s
s to observ
s of this a
greement o
S/WORKIN
exible work
quirements.
day have be
aight-time r
s Inside Con
oyee from a
required fo
URETY BO
in the amo
ployee; Ma
nd deductio
The bond
Northern LM
wer to deter
from the B
butions fro
s.
ork under t
000.00 at th
oyer may p
son who w
s rules and
ve all safet
agreement
of the site L
NG CONDI
k schedules
. No overt
een worked
rate. Sund
nstruction A
a scheduled
or work pe
OND
ount of $5,0
aximum $12
on, contribu
shall prov
MC, Inc.
rmine the a
Bond direct
om the Bon
the terms
heir home r
perform wo
will act as Fo
regulation
ty regulatio
shall preva
Local Union
ITIONS
s for the pe
time shall b
d. The ove
days and Ho
Agreement
d 40 hour jo
erformed un
000.00 for
2,000.00 to
ution, and
ide that it
amount of m
tly to the a
nd directly
of multiple
region. Th
rk in all 4 r
oreman, in
ns not incon
ons, and in
ail in areas
and this ag
erformance
be paid unt
ertime rate s
olidays sha
. It is not
ob for the a
nder the te
first one (1
o secure pa
reporting o
may not be
money due
affected em
to the Tru
e 4th Distri
he bond ma
egions.
Page 6
requiring a
nsistent wit
dischargin
s of confli
greement.
of electric
il (40) hou
shall be pa
all be paid a
the intent o
avoidance o
erms of th
1) to five (5
ayment of a
obligations o
e terminate
e, if any, an
mployees an
stees of th
ict Recover
ay be writte
all
th
ng
ct
al
rs
id
at
of
of
is
5)
all
of
ed
nd
nd
he
ry
en
4th District NoDecember 1, 2
1. In t
for a
inter
disc
part
2. The
emp
3. The
4. The
agai
such
cons
requ
proc
5. The
basi
high
GROUP I.
orthern Ohio Re2011 through N
he interest
an orderly p
rests of em
rimination i
ties hereto a
Site Local
ployment.
Employer s
Site Local
inst such a
h selection
stitutional p
uirements.
cedure.
Local Unio
s of the Gr
hest priority
All appli
resident
constitut
Construc
I.B.E.W.
Apprent
for a pe
geograp
Inside C
ecovery AgreemNovember 30, 2
CONSTR
of maintai
procedure o
mployees i
in employm
agree to th
Union sha
shall have t
Union shall
applicants b
and referra
provisions o
All such
ons shall ma
roups listed
y Group for
icants for e
ts of the
ting the n
ction Electr
. or have
iceship and
eriod of at
phical area
Collective Ba
ment 2012
RUCTION E
ining an ef
of referral o
n their em
ment becaus
e following
all be the s
the right to
l select and
by reason
al shall not
or any othe
selection
aintain a re
d below. Ea
which he q
CONST
employmen
Site Loca
normal con
rician by a
been certif
d Training C
least six m
covered b
argaining A
REFERRA
ELECTRICIA
fficient syst
of applicant
mployment
se of memb
g system of
sole and e
o reject any
d refer appli
of member
t be affecte
er aspect or
and refer
egister of a
ach applica
qualifies.
TRUCTION
nt who hav
al Union’s
nstruction
duly consti
fied as a C
Committee,
months in t
by the norm
Agreement o
AL
AN REFERRA
tem of prod
ts for empl
status wit
bership or n
referral of
exclusive so
applicant f
icants for e
rship or no
ed in any w
r obligation
rral shall b
pplicants fo
nt for emp
ELECTRICI
ve 8,000 ho
geographi
labor mar
tuted Insid
Constructio
, and, who
the last fou
mal constr
of the refer
RAL PROCED
duction in t
loyment, pr
thin the ar
non-membe
applicants
ource of re
for employm
employment
on-member
way by rule
n of Union
be in acco
or employm
ployment sh
IAN
ours experi
ical area,
rket, have
de Construc
n Electricia
have been
ur years in
ruction mar
rring Local U
DURE
the Industr
reserving th
rea and of
ership in th
for employ
eferral of a
ment.
t without d
rship in the
es, regulatio
membershi
ord with th
ment establ
hall be regis
ience in th
as descri
e been ce
ction Local
an by any
n employed
the Site L
rket as de
Union.
Page 7
ry, providin
he legitimat
f eliminatin
he Union, th
yment.
pplicants fo
iscriminatio
e Union an
ons, bylaw
ip policies o
he followin
ished on th
stered in th
he trade, ar
bed herein
rtified as
Union of th
Inside Join
in the trad
Local Union
fined in th
ng
te
ng
he
or
on
nd
s,
or
ng
he
he
re
n,
a
he
nt
de
n’s
he
4th District Northern Ohio Recovery Agreement Page 8 December 1, 2011 through November 30, 2012
Group I status shall be limited to one Local Union at one time. An applicant who
qualifies for Group I in a local union shall be so registered electronically and remain
on Group I in that local union unless and until the applicant designates another local
union as his or her Group I local union. If an applicant qualifies for Group I status in
a local union other than his or her home local union and designates that local as his
or her Group I local union, the business manager of the new Group I status local
union shall by electronic means notify the business manager of the applicant’s
former Group I status local union.
GROUP II All applicants for employment who have 8,000 hours experience in the trade and
who have been certified as a Construction Electrician by a duly constituted Inside
Construction Local Union of the I.B.E.W. or have been certified as a Construction
Electrician by any Inside Joint Apprenticeship and Training Committee.
GROUP III All other applicants for employment.
6. If the registration list is exhausted and the Site Local Union is unable to refer applicants for
employment to the Employer within 48 hours from the time of receiving the Employer's
request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure
applicants without using the Referral Procedure but such applicants, if hired, shall have the
status of "temporary employees".
7. The employer will promptly notify the Business Manager of the names, recommended
classifications and social security numbers of such “temporary employee” and send the
“temporary employee” to the Site Local Union for processing. The Local Union will then
immediately refer those employees back to the recruiting employer with the appropriate
classification. Any questions or disputes regarding this clause shall be referred to the
Northern Ohio Labor Management Committee.
8. "Resident" means a person who has maintained his permanent home in the above
defined geographical area of the Site Local Union for a period of not less than
one year or who, having had a permanent home in this area, has temporarily left
with the intention of returning to this area as his permanent home.
4th District Northern Ohio Recovery Agreement Page 9 December 1, 2011 through November 30, 2012
9. The Union shall maintain an Available for Work List, which shall list the applicants within
each Group in chronological order of the dates they register their availability for
employment.
RE-REGISTRATION
10. An applicant who has registered on the Available for Work must renew his application every
30 days or his name will be removed from the List.
11. An applicant who is hired and who receives, through no fault of his own, work of forty
hours or less shall, upon re-registration, be restored to his appropriate place within his
Group.
12. Employers shall advise the Business Manager of the Site Local Union of the number of
applicants needed. The Business Manager shall refer applicants to the Employer by first
referring applicants in Group I in the order of their place on the Available for Work List and
then referring applicants in the same manner successively from the Available for Work List
in Group II, and then Group III. Any applicant who is rejected by the Employer shall be
returned to his appropriate place within his Group and shall be referred to other
employment in accordance with the position of his Group and his place within his Group.
EXCEPTIONS
13. The only exceptions which shall be allowed in this order of referral are as follows:
SKILLS
a) When the Employer states bona fide requirements for skills and abilities in his
request for applicants, the Business Manager shall refer the first applicant on the
register possessing such skills and abilities.
4th District Northern Ohio Recovery Agreement Page 10 December 1, 2011 through November 30, 2012
WORKER RECALL
b) An employer shall have the right to recall for employment any former Construction
Electrician employee that the employer has laid off, provided that:
1) The former employee is in the highest level Group on the referral list contained
in this agreement containing applicants available for work, regardless of the
individual’s position on the list;
2) The recall is made within 90 days from the time of layoff;
3) The former employee has not quit his most recent employer under this
agreement within the two weeks prior to the recall request;
FOREMAN CALL BY NAME
c) On projects covered by this agreement, the employer shall have the right to call a
Foreman by name under the IBEW standard inside referral procedure or the referral
procedure contained within this agreement provided:
1) The employee has not quit his previous employer that is signatory to this
agreement within the previous two weeks.
2) The employer shall notify the business manager in writing of the name of the
individual who is to be requested for employment as a Foreman. Upon such
request, the business manager shall refer said Foreman provided the name
appears on the highest-priority group.
3) When an applicant for employment is called as a Foreman, he must remain as a
Foreman for one hundred & sixty (160) hours and may only work on jobs
covered by the scope of this recovery agreement.
APPEALS COMMITTEE
14. An Appeals Committee is hereby established composed of one member appointed by the
Union, one member appointed by the Employer or the Association, as the case may be, and
a Public Member appointed by both these members.
15. It shall be the function of the Appeals Committee to consider any complaint of any
employee or applicant for employment arising out of the administration by the Local Union
of Sections 4 through 13 of the Agreement. The Appeals Committee shall have the power
4th District Northern Ohio Recovery Agreement Page 11 December 1, 2011 through November 30, 2012
to make a final and binding decision on any such complaint which shall be complied with by
the Local Union. The Appeals Committee is authorized to issue procedural rules for the
conduct of its business but it is not authorized to add to, subtract from, or modify any of
the provisions of this Agreement and its decisions shall be in accord with this Agreement.
16. A representative of the Employer or of the Association, as the case may be, designated to
the Union in writing, shall be permitted to inspect the Referral Procedure records at any
time during normal business hours.
REPEATED DISCHARGE
17. An applicant who is discharged for cause two times within a 12-month period shall be
referred to the neutral member of the Appeals Committee for a determination as to the
applicant's continued eligibility for referral. The neutral member of the Appeals Committee
shall, within three business days, review the qualifications of the applicant and the reasons
for the discharges.
18. The neutral member of the Appeals Committee may, in his or her sole discretion:
1) require the applicant to obtain further training from the JATC before again being
eligible for referral;
2) disqualify the applicant for referral for a period of four weeks, or longer, depending
on the seriousness of the conduct and/or repetitive nature of the conduct;
3) refer the applicant to an employee assistance program, if available, for evaluation
and recommended action; or
4) restore the applicant to his/her appropriate place on the referral list.
19. A copy of the Referral Procedure set forth in this Agreement shall be posted on the Bulletin
Board in the offices of the Local Union and in the offices of the Employers who are parties
to this Agreement.
In the event there is a shortage of qualified applicants, the employers and the Local Union agree
to participate in Job Fairs and Industry Nights to address the issue.
4th District NoDecember 1, 2
The minim
Wages at t
or before q
(5) calenda
automatic
own shall b
transfer th
were disch
Assessmen
Inside Coll
the Site Lo
It is agreed
Fund ("NE
Internation
delineated
otherwise
local collec
accrued by
the NEBF.
owing to t
initiated by
the office
following th
The individ
Benefit Agr
An individu
his agreem
orthern Ohio Re2011 through N
um hourly
the establis
quitting tim
ar days pa
deposit ma
be paid in f
e money s
arged or vo
nts or Pena
ective Barg
cal Inside C
d that in ac
BF"), as en
nal Brotherh
as the Re
by the NEB
ction agent
y, the empl
The paym
the NEBF o
y the NEBF
of the ap
he end of e
dual Emplo
reement an
ual Employe
ment termin
ecovery AgreemNovember 30, 2
W
rate of Wag
shed rates s
me on any d
ay will be
ay be utilize
ull ½ hour
shall be tra
oluntarily q
alties for la
gaining Agr
Collective B
NATIONA
ccord with t
ntered into
hood of El
estated Em
BF the ind
t an amou
loyees in th
ment shall
on the last
or its assig
propriate l
each calend
yer hereby
nd Trust.
er who fails
nated upon
ment 2012
WAGES AN
ges and Be
specified he
day Monday
withheld.
ed by the E
prior to qu
nsferred to
uit shall be
te pay or
reement. H
Bargaining A
AL ELECTR
the Employe
between t
ectrical Wo
mployees B
ividual Emp
nt equal to
his bargain
be made b
t day of ea
gnee. The p
ocal collect
dar month.
y accepts,
s to remit a
n seventy-t
ND FRING
nefits shall
erein shall
y through F
Alternative
Employer.
itting time
o his or her
paid their
non-payme
Holidays an
Agreement.
RICAL BEN
ees Benefit
the Nationa
orkers on S
Benefit Agr
ployer will
o 3% of t
ing unit, an
by check o
ach calenda
payment an
tion agent
and agrees
s provided
two (72) ho
E BENEFIT
be as per a
be paid we
Friday of e
e payroll p
Employees
or if the em
r account w
wages per
ent of wag
nd vacation
NEFIT FUN
t Agreemen
al Electrica
September
reement an
forward m
the gross m
nd a comp
r draft and
ar month,
nd the payr
not later
s to be bo
above shal
ours’ notice
TS
attachment
eekly in the
ach week,
procedures,
s laid off th
mployee is s
within 24 h
the Site Lo
es shall be
ns shall com
ND (NEBF)
nt of the Na
l Contracto
3, 1946, a
nd Trust, t
monthly to
monthly lab
leted payro
d shall cons
which may
roll report s
than fiftee
ound by, th
ll be additio
e in writing
P
t “A”.
e shop or o
and no mo
i.e., elect
hrough no f
signed up f
hours. Em
ocal Union’s
e as per th
mply with t
)
ational Elect
ors Associat
as amende
that unless
the NEBF's
bor payroll
oll report p
stitute a de
y be recove
shall be ma
en (15) ca
he Restated
onally subje
g being se
Page 12
on the job a
ore than fiv
ronic and/o
fault of the
for electron
ployees wh
s agreemen
he Site Loc
the terms o
trical Benef
tion and th
ed, and no
s authorize
s designate
paid to, o
prescribed b
ebt due an
ered by su
iled to reac
alendar day
d Employee
ect to havin
erved by th
at
ve
or
eir
ic
ho
nt.
al
of
fit
he
w
ed
ed
or
by
nd
uit
ch
ys
es
ng
he
4th District Northern Ohio Recovery Agreement Page 13 December 1, 2011 through November 30, 2012
Union, provided the individual Employer fails to show satisfactory proof that the required
payments have been paid to the appropriate local collection agent.
The failure of an individual Employer to comply with the applicable provisions of the Restated
Employees Benefit Agreement and Trust shall also constitute a breach of this Agreement.
NATIONAL ELECTRICAL ANNUITY PLAN (NEAP):
It is agreed that in accord with the IBEW–District Ten–NECA Individual Equity Retirement Plan
Agreement entered into between the National Electrical Contractors Association, Inc., and the
International Brotherhood of Electrical Workers on December 11, 1973, as amended, and now
delineated as the National Electrical Annuity Plan Agreement and Trust, that unless authorized
otherwise by the National Electrical Annuity Plan (NEAP), the individual employer will forward
monthly to NEAP's designated collection agent the amount set forth in Attachment “A” (the
contribution obligation) together with a completed payroll report prescribed by the NEAP. The
payment shall be made by check or draft and shall constitute a debt due and owing to NEAP on
the last day of each calendar month, which may be recovered by suit initiated by NEAP or its
assignee. The payment and the payroll report shall be mailed to reach NEAP not later than 15
calendar days following the end of each calendar month.
The individual Employer hereby accepts, and agrees to be bound by, the National Electrical
Annuity Plan Agreement and Trust.
An individual Employer who fails to remit as provided above shall be additionally subject to having
his agreement terminated upon 72 hours notice in writing being served by the Union, provided the
individual employer fails to show satisfactory proof that the required payments have been paid to
the appropriate collection agent.
The failure of an individual employer to comply with the applicable provisions of the National
Electrical Annuity Plan Agreement and Trust shall also constitute a breach of his labor agreement.
NECA/IBEW FAMILY MEDICAL CARE PLAN
The individual Employer shall contribute and forward monthly to the IBEW Family Medical Care
Trust Fund an amount as the amount set forth in Appendix “A” which he is obligated to pay to the
4th District NoDecember 1, 2
employees
LMC, Inc.
designated
individual E
Care Trust
The parties
portability
Ohio Labo
Funds and
Recovery A
agreement
On all jobs
constructio
Rights clau
Wireman to
Wireman is
projects ut
an employe
orthern Ohio Re2011 through N
in this ba
The pay
d agent not
Employer h
Fund Agree
s agree to
of the Con
r Managem
entities lis
Agreement
t of the Coll
s covered b
on wiremen
use of this
o every fou
s required
tilizing Insid
er must sig
ecovery AgreemNovember 30, 2
argaining u
ment and
later than
hereby acce
ement and
RECOVE
the establ
nstruction W
ment Comm
sted on Att
and its Col
ection Age
by this Agre
n, construct
Agreemen
ur (4) empl
on the pro
de Journey
n the Insid
ment 2012
nit, and a
payroll rep
15 calenda
epts, and a
Trust.
ERY AGRE
ishment of
Wireman a
mittee shall
tachment “A
lection Age
nt are incor
CREW
eement, the
tion electri
nt. There
oyee of dif
oject as the
yman Wirem
e Collective
completed
port shall
ar days follo
agrees to b
EMENT CO
the Northe
and Constru
establish
A” are sub
ent’s operat
rporated by
MIX AND
e crew mix
cians, appr
shall be a
fferent class
e fifth (5th)
men, appre
e Bargaining
d payroll re
be mailed
owing the e
be bound by
OLLECTIO
ern LMC, I
uction Elec
the Northe
bject to the
ting agreem
y reference
RATIOS
can be sup
rentices, or
minimum
sification pe
worker or
entices or p
g Agreeme
eport presc
to reach
end of each
y, the NEC
ON AGENT
Inc. for the
ctrician wor
ern LMC, In
e provisions
ment. The
herein.
pplemented
r as allowe
ratio of o
er jobsite.
when app
portability o
nt of the si
P
cribed by th
the Truste
h calendar m
CA/BEW Fam
e purpose o
rkforce. T
nc. contrib
s of the No
terms of th
d by the em
ed in the M
one Inside
An Inside
prentices ar
of these cla
te Local Un
Page 14
he Norther
ees or the
month. Th
mily Medica
of increasin
The Norther
utions to a
orthern Oh
he operatin
mployer wit
Managemen
Journeyma
Journeyma
re used. O
assification
nion.
rn
ir
e
al
ng
rn
all
io
ng
th
nt
an
an
On
s,
4th District NoDecember 1, 2
The parties
and emplo
The Code o
Therefore,
Program. T
It is the E
compliance
agreement
Standards
other appli
Article, are
and imposi
and safety
The JATC f
Levels and
the area co
all the JAT
Union Orga
orthern Ohio Re2011 through N
s to this Ag
oyee must
of Excellenc
each IBEW
The progra
Employer's
e with thes
t for all em
of Construc
icable fede
e minimum
tion by the
of the emp
from the ho
Inside Wir
overed by t
TC Commit
anizer is to
ecovery AgreemNovember 30, 2
greement re
meet the h
ce has prov
W local un
m shall inc
exclusive
se safety r
mployers to
ction as est
eral or state
rules and n
e Employers
ployees. Th
ome local u
emen upgr
this agreem
tee Membe
be on the A
ment 2012
CODE
ecognize th
highest lev
ven to be a
nion and N
lude minim
responsibil
rules and
develop sa
tablished b
e laws. Su
not intended
s of addition
he Employe
union shall
ade training
ment, or in
ers, Directo
Apprentices
OF EXCEL
hat to meet
els of perf
a vital elem
NECA chap
mum standa
SAFETY
ity to insu
standards.
afe work ru
by the Occu
uch rules a
d to imply t
nal or more
er shall furn
TRAINING
be respons
g for Const
any IBEW
ors, and In
ship Comm
LLENCE
t the needs
formance, p
ment in mee
pter shall i
rds as desig
ure the saf
It is en
ules that a
upational Sa
and the oth
that the Un
e stringent s
nish all safe
G
sible for all
truction Ele
Local Unio
nstructors.
ittee to insu
s of our cus
professiona
eting the cu
mplement
gned by the
fety of its
couraged b
are equal to
afety and H
her safety
nion objects
safety rules
ety equipme
training of
ctricians. S
n, requires
The Busin
ure there is
P
stomers, bo
alism, and
ustomers’ e
a Code o
e IBEW and
employees
by all part
o or greate
Health Act o
rules provi
s to the est
s to protect
ent.
f Constructi
Successful o
the full co
ness Manag
s full coope
Page 15
oth employe
productivity
expectation
of Excellenc
d NECA.
s and their
ties to this
er than the
of 1970, or
ded in this
tablishment
t the health
ion Wirema
organizing
ooperation o
ger or Loc
eration.
er
y.
s.
ce
r
s
e
r
s
t
h
an
in
of
al
4th District NoDecember 1, 2
Leve
ls
CW-1
CW-2
CW-3
CW-4
CE-1*
CE-2*
CE-3*
JIW
* Must pas
Any CW/CE
orthern Ohio Re2011 through N
Tota
l Doc
um
ente
d Ex
peri
ence
(I
ncl
ude
sB
oth
Pre
viou
s&
0 – 2,000
2,001 – 4Hour
4,001 – 6Hour
6,001 – 8Hour
8,001 – 1Hour
10,001 – 1Hour
12,001 – 1Hour
14,00
ss a practica
E may requ
ecovery AgreemNovember 30, 2
ADV
(In
clu
des
Bot
h P
revi
ous
&
Pro
gram
Acc
um
ula
ted)
Hours 2
4,000 rs 4
6,000 rs 6
8,000 rs 8
10,000 rs 1
12,000 rs 1
14,000 rs
1MO
01
NC
al hands-on
est all or pa
ment 2012
VANCEM
R
,000 Hours
,000 Hours
,000 Hours
,000 Hours
0,000 Hour
2,000 Hour
4,000 HourMust Pass COffered if TeNo one will bClassification
1) Havinconst
2) HavinexamCraft
n exam mut
art of the C
MENT AND
Requiremen
s of Docume
s of Docume
s of Docume
s of Docume
rs of Docum
rs of Docum
rs of Documraft Certificest Failed obe advancen to Journeng a minimutruction worng successfuinations of Certificatio
tual agreed
Craft Certific
D TRAIN
Advance
nts for Mov
ented Expe
ented Expe
ented Expe
ented Expe
mented Exp
mented Exp
mented Expcation Test or Requesteed from Coneyman Insidum of 14,00rk experienully taken teach levels
on Program;
d to by the
cation Test
NING
ement
vement to N
erience
erience
erience
erience
perience
perience
perience Parts 1, 2,
ed) nstruction Ede Wireman00 of docum
nce; the written s of the lev;
parties of t
at anytime
P
Next Level
3, 4, 5 & 6
Electrician n without: mented ele
and practicvels of the
this agreem
e.
Page 16
6 (Class
ctrical
cal NJATC
ment.
j
4th District NoDecember 1, 2
The employ
job name a
attachment
When an
employer s
copy of the
Portability
accordance
Unions con
Should any
such provis
full force a
are in conf
orthern Ohio Re2011 through N
yer shall no
and addres
t “D”.
employer
shall comple
e man-hour
of manpow
e with the P
ntained in a
y provision
sion shall im
nd effect a
formity with
ecovery AgreemNovember 30, 2
JO
otify the site
ss, approxim
is successf
ete and forw
r tracking fo
wer for all
Portability o
ttachment
of this Agr
mmediately
nd the part
h the applic
ment 2012
OB REPOR
e local unio
mate durat
ful in secu
ward to the
orm (attach
PORTABIL
work perfo
of Manpowe
“C”.
SEPAR
eement be
y become nu
ties shall, th
able law.
RTING REQ
on by fax or
tion and es
uring work
e Site Local
hment “E”)
LITY OF M
ormed und
er Memoran
RABILITY C
declared il
ull and void
hereupon, s
QUIREMEN
r e-mail wit
stimated ma
k under the
l Union and
within 30 d
MANPOWE
der the term
ndum of Un
CLAUSE
llegal by an
d, leaving t
seek to neg
NTS
thin 24 hou
anpower at
e terms o
d the IBEW
days of com
ER
ms of this
nderstandin
ny court of
he remaind
gotiate subs
P
urs of startin
t peak. Jo
f this Agre
Fourth Dis
mpletion of t
agreement
ng between
competent
der of the A
stitute prov
Page 17
ng a job, th
ob start form
eement, th
strict Office
the project
t shall be
n IBEW Loc
t jurisdiction
Agreement
visions whic
he
m
he
a
.
in
al
n,
in
ch
4th District NoDecember 1, 2
The minim
Inside J
Forema
Apprent
Constru
* A
rate
Unio
effec
Constru
* A
rate
Unio
effec
* See A
orthern Ohio Re2011 through N
um hourly
Journeymen
an ------------
tice ---------
uction Elect
A percentage
es containe
ons signato
ective Decem
uction Wirem
A percentage
es containe
ons signato
ective Decem
Attachment
ecovery AgreemNovember 30, 2
A
rate of Wag
n Wireman
--------------
--------------
rician
e of the av
ed in the I
ory to this a
mber 1st ea
man
e of the av
ed in the I
ory to this a
mber 1st ea
t “B”
ment 2012
ATTACHM
BAS
ges and Be
-------------
--------------
--------------
verage taxa
Inside Colle
agreement.
ach year of t
verage taxa
Inside Colle
agreement.
ach year of t
MENT “A” W
SE WAGES
nefits shall
--------- Firs
--------- Firs
--------- Firs
able base w
lective Barg
To be calc
this agreem
able base w
lective Barg
To be calc
this agreem
WAGES
S
be as follo
st Shift Site
st Shift Site
st Shift Site
wage pay o
rgaining Ag
lculated Nov
ment.
wage pay o
rgaining Ag
lculated Nov
ment.
ows:
Local Insid
Local Insid
Local Insid
of Journeym
greements o
ovember 1st
of Journeym
greements o
ovember 1st
P
de CBA Rate
de CBA Rate
de CBA Rate
man Wirema
of the Loct and becom
man Wirema
of the Loct and becom
Page 18
e*
e*
e*
an
cal
me
an
cal
me
4th District Northern Ohio Recovery Agreement Page 19 December 1, 2011 through November 30, 2012
ATTACHMENT “A”
FRINGE BENEFITS AND RELATED FUNDS
NECA/IBEW Family Medical Care Plan ......................... 4.15 Per Hour Worked*
NEBF ................................................................................... 3% of Gross Payroll
NEAP ................................................................................... 3% of Gross Payroll
NEIF .......................................... .See Attachment “B” (NECA Contractors Only)
Site JATC Fund....................................... See Attachment “B”, Per Hour Worked
LLMCC &NLMCC Fund ............................ See Attachment “B”, Per Hour Worked
Site NECA Administrative Fund See Attachment “B”, Per Hour Worked
Collection Agent Fee .............................. See Attachment “B”, Per Hour Worked
* Subject to Change by the Plan Board of Trustees
WAGE RATE CALCULATION SHEET ATTACHMENT "B"
Fourth District Northern Ohio Recovery Agreement
Local Union: 8 38 64 129 246 306 540 573 673 Average
Journeyman Wireman Base Pay: $34.57 $35.48 $30.10 $30.30 $36.00 $31.89 $29.58 $29.15 $32.20 $32.14
JATC Contribution $0.93 $0.42 $0.80 $0.22 $0.99 $0.64 $0.67 $2.00 $0.60 $0.81
NLMCC & LLMCC Contribution $0.43 $0.11 $0.21 $0.07 $0.20 $0.25 $0.11 $0.28 $0.04 $0.19
NECA Administrative $0.14 $0.18 $0.15 $0.15 $0.25 $0.22 $0.21 $0.15 $0.16 $0.18
NECA Service* $0.14 $0.11 $0.06 $0.09 $0.11 $0.10 $0.09 $0.06 $0.10 $0.10
Hourly Rate NEBF H&W NEAP JATC
NLMCC &
LLMCCNECA
Admin.Central
CollectionNECA s/c* Total Package
3.0% 3.0%
CW-1 0 – 2,000 Hours 35% $11.25 $0.34 $4.15 $0.34 $0.81 $0.19 $0.18 $0.10 $0.10 $17.46
CW-22,001 – 4,000
Hours 35% $11.25 $0.34 $4.15 $0.34 $0.81 $0.19 $0.18 $0.10 $0.10 $17.46
CW-34,001 – 6,000
Hours 40% $12.86 $0.39 $4.15 $0.39 $0.81 $0.19 $0.18 $0.10 $0.10 $19.17
CW-46,001 – 8,000
Hours 45% $14.46 $0.43 $4.15 $0.43 $0.81 $0.19 $0.18 $0.10 $0.10 $20.85
CE-18,001 – 10,000
Hours 50% $16.07 $0.48 $4.15 $0.48 $0.81 $0.19 $0.18 $0.10 $0.10 $22.56
CE-210,001 – 12,000
Hours 55% $17.68 $0.53 $4.15 $0.53 $0.81 $0.19 $0.18 $0.10 $0.10 $24.27
CE-312,001 – 14,000
Hours 70% $22.50 $0.68 $4.15 $0.68 $0.81 $0.19 $0.18 $0.10 $0.10 $29.39
* Paid by NECA Contractors Only
This Section for Wage Calculations Only
This Section for Payroll and Fringe Benefit Reporting
4th District Northern Ohio Recovery Agreement December 1, 2011 through November 30, 2012 Page 20
4th District NoDecember 1, 2
PO
Any Local
Manpower
1. Any
site
will
juris
Reco
cont
2. Any
perio
3. Any
Mem
com
4. The
start
estim
num
5. The
annu
Man
this
the
Four
orthern Ohio Re2011 through N
ORTABILIT
Union sig
agrees to t
Employer
Local Unio
be entitle
sdiction cov
overy Agre
tained in th
Local Unio
od of at lea
Employer
morandum
mpleted.
employer
ting a job.
mated man
mber of all e
Local Unio
ually to rev
nagers sign
memorand
violating e
rth District
ecovery AgreemNovember 30, 2
TY OF MAN
BET
natory to
the followin
signatory t
on and sign
ed to unlim
vered by
eement and
he scope of
on becomin
ast 2 (two)
successfu
will be aff
shall notify
The notif
npower at p
employees w
on Business
view this po
atory to th
dum, they m
mployer fo
Office.
ment 2012
ATTAC
NPOWER
TWEEN IB
this Memo
ng:
to an IBEW
natory to th
mited Porta
the Local
d this Mem
4th District
ng signatory
years.
lly biding
forded all
fy the site
fication sha
peak, name
working un
s Managers
ortability ag
his memora
may suspen
or a period
CHMENT “
MEMORAN
EW LOCAL
orandum of
W Inside Co
he 4th Distr
ability of M
Unions sig
morandum p
Northern O
y to this M
a job whi
rights cont
local union
all include t
es of emplo
der portabi
who are pa
reement. I
andum any
nd all porta
not to exc
“C”
NDUM OF
L UNIONS
f Understa
ollective Ba
rict Norther
Manpower
gnatory to
provided th
Ohio Recove
emorandum
le a Local
tained in p
n by fax o
the job add
oyees, class
ility.
arty to this
If in the op
Employer
ability rights
ceed 1 (one
UNDERST
S
anding for
rgaining Ag
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Page 21
bility of
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4th District Northern Ohio Recovery Agreement Page 22 December 1, 2011 through November 30, 2012
6. The Business Managers signatory to this memorandum, by a 60% majority vote, shall
a have the option of amending and or canceling this memorandum, with approval of
the Fourth District Office, with a 60 (sixty) days notice to all employers signatory to 4th
District Northern Ohio Recovery Agreement and all Local Unions signatory to this
memorandum with approval of the Fourth District Vice President. All jobs successfully
bid prior to amending or canceling this memorandum will be afforded all rights
contained in paragraph 1 until the job is completed.
7. Any Local Union may withdraw from this memorandum after the minimum time frame
contained in paragraph 2 with a 60 (sixty) day notice to all Local Unions signatory to
this memorandum and all employers signatory to 4th District Northern Ohio Recovery
Agreement. All jobs successfully bid prior to the effective date of withdrawal from this
memorandum will be afforded all rights contained in paragraph 1 until the job is
completed in the jurisdiction of the withdrawing Local Union.
4th District NoDecember 1, 2
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th Districdewoods Blvuite #150 dence, OH 4e: (216) 328216) 328-04PD_04@IBE
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Page 23
hapter or the
4th District NoDecember 1, 2
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Page 24
his on and in 30