New Local 302 master agreement for concrete pumpers, 2008-2011
From Concretepumping
2008-2011 AGREEMENT
OPERATING ENGINEERS LOCAL 302
MASTER LABOR AGREEMENT for CONCRETE PUMPERS
PREAMBLE
This Collective Bargaining Agreement by and between Local 302 of the International Union of Operating Engineers, hereinafter referred to as “the Union” and _____________________________________ hereinafter collectively referred to as “the Employer,” shall constitute an Agreement between the parties hereto for the work, conditions, and wage rates provided for herein in the territory outlined in Article 3.
ARTICLE 1
PURPOSES OF AGREEMENT
Section 1. The purpose of this Agreement is to promote the settlement of labor disagreement by conference, to prevent strikes and lockouts, and to stabilize wages and working conditions in building, heavy highway construction, and engineering work in the areas affected, specifically the concrete pumping industry.
SECTION 2. Bylaws of either party are not part of this Agreement. It is agreed and understood between the parties hereto that this Agreement contains all the covenants, stipulations and provisions agreed upon by the parties. No agent or representative of either party has authority to make any promise, inducement, or Agreement contrary to the provisions herein.
SECTION 3. The Employer, having received a demand for recognition by the Union and having been presented with and accepting proof that the Union represents a majority of its employees, acknowledges and affirms that the Union is the sole and exclusive bargaining representative of its employees covered by the Principal Agreements under Section 9(a) of the National Labor Relations Act. PUMPERS MASTER AGREEMENT 2008 - 2011
ARTICLE 2
WORK AFFECTED
This Agreement shall cover the placement of all concrete or materials by concrete pumps and telebelts for work performed by Employer parties to this Agreement in the counties outlined in Article 3.
SECTION 1. This Agreement shall cover all Highway, Building, Heavy Construction and Engineering projects.
SECTION 2. For clarification, Heavy Highway and Engineering projects are defined as follows: construction of railroads, street railways, roads, highways, streets, alleys, sidewalks, curbs and gutters, paving (portland cement or asphaltic concrete), airports, bridges, overpasses, sewers, water mains, sanitation projects, irrigation projects, flood control projects, reclamation projects, reservoirs, dams, dikes, levees, revetments, channels, aqueducts, channel cutoffs, jetties, breakwaters, harbor developments, docks, dry docks, piers, abutments, retaining walls, transmission lines, duct lines, subways, shafts, tunnels, excavation of earth and rock, power generating projects, reinforced earthwork, and all other heavy construction and engineering operations in connection therewith, and all site clearing, demolition work, hazmat, pipeline and refinery work when covered by this Agreement.
SECTION 3. For further clarification, the term "Building" shall mean a building structure, including modifications thereof, or additions or repairs thereto, intended for use for shelter, protection and comfort.
ARTICLE 3
TERRITORY OF AGREEMENT This Agreement shall cover all work (as outlined in Article 2) performed by Employers, parties to this Agreement in the following counties: Clallam, Jefferson, Mason, Grays Harbor, Kitsap, Island, San Juan, King, Snohomish, Skagit, Whatcom, Kittitas, and that portion of Okanogan, Chelan, Douglas and Yakima lying west of the 120th Meridian in the State of Washington.
ARTICLE 4
EFFECTIVE DATE AND DURATION SECTION 1. This Agreement shall be effective commencing January 1, 2008 and shall continue in force and effect through May 31, 2011. Upon its expiration, this Agreement shall continue from year to year, June 1 through May 31 of each year, by automatic renewal unless changed or terminated. For the purpose of negotiating alterations in wages and other terms and conditions of employment, the Employer, or Local 302 may open this Agreement or any contract effectuated through automatic renewal by giving written "Notice of Opening" not later than sixty (60) nor more than ninety (90) days prior to the expiration date. "Notice of Opening" is in no way intended by the parties as a termination of, nor shall it in anyway be construed as a termination of, this Agreement or any annual contract effectuated through automatic renewal nor as forestalling automatic renewal as herein provided. The parties reserve the right to economic recourse in negotiations, except during the interval between the giving of "Notice of Opening" and the expiration date.
SECTION 2. Except by mutual written agreement, termination of this Agreement or any annual contract effectuated through automatic renewal must, to the exclusion of all other methods, be perfected by giving written "Notice of Termination" not later than sixty (60) nor more than ninety (90) days prior to the expiration date, whereupon the contract shall, on its expiration date, terminate. Effective termination eliminates automatic renewal.
SECTION 3. Any "Notice of Opening" or "Notice of Termination" given in hand within sixty (60) days of any expiration date shall be absolutely null and void and completely ineffective for all purposes. SECTION 4. This Agreement shall be binding upon the successors of the Employer and no provisions, terms or obligations contained herein shall be affected, modified, altered or changed in any respect whatsoever by the sale, conveyance, transfer, assignment, consolidation or merger of the Employee’s covered by this Agreement or affected, modified, altered or changed in any respect whatsoever by any change of any kind in the legal status, ownership or management of the Employer’s operations covered by this Agreement, or by change, geographical or otherwise, in the location or place of business on the Employer. In consideration of the Union’s execution of this Agreement, the Employer promises that its operations covered by this Agreement shall not be sold, conveyed, transferred or assigned to, or consolidated or merged with any successor without first securing an enforceable agreement of the successor to assume the Employer’s obligations under this Agreement.
ARTICLE 5
UNION RECOGNITION AND HIRING PROCEDURES
SECTION 1. Hiring practices and maintenance of Union membership shall be under the Appendix "3" attached hereto and hereby made a part of this Agreement.
SECTION 2. There will be no discrimination against any employee because of past or present union activities or because of race, creed, sex, age or color.
SECTION 3. Wherever words denoting a specific gender are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender.
ARTICLE 6
SUBCONTRACTORS
When the Employer finds it necessary to request another pump company perform work that it was to perform, the work shall first be given to those concrete-pumping companies also signatory with the Union.
ARTICLE 7
HOLIDAYS
Holidays recognized by this Agreement shall be New Year’s Day, Memorial Day (last Monday in May), Fourth of July, Labor Day, Thanksgiving Day, Friday and Saturday after Thanksgiving Day, and Christmas Day. Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. A holiday shall be a twenty-four (24) hour period, beginning at 12:00am and ending 11:59pm the day of the Holiday. No work shall be preformed on Labor Day except to protect life and property. If any of the listed holidays fall on a Saturday, the preceding Friday shall be a regular workday.
ARTICLE 8
MEAL AND REST PERIODS
SECTION 1. MEAL PERIODS
Employees shall not be required to work more than five (5) hours from the start of the shift without at least a one-half (½) hour unpaid meal period. This meal period shall not begin earlier than three and one-half (3½) hours after the start of the shift. Late Meal: If employees are required to work past five (5) hours, they must be allowed a one-half (½) hour meal period which shall be paid at the applicable rate and considered as time worked.
SECTION 2. REST PERIODS
(a) The nature of the construction work covered by this agreement allows intermittent rest periods. Employers shall provide such intermittent rest periods as work flow permits, not to exceed 10 minutes for each 4 hours worked. Scheduled rest periods are not required, nor allowed. Such intermittent rest periods shall be taken on the work site at the employee’s place of work.
(b) It will be the responsibility of each employee to take such intermittent rest periods.
(c) If an employee does not take a rest period, then the employee must notify his supervisor and a rest period will be provided.
ARTICLE 9
PAY DAY
SECTION 1. Employees shall be paid in full once each week (on the same day), but in no event shall more than five (5) days' wages be withheld (Saturday, Sunday and holidays excluded).
If the regular payday falls on a Holiday, the employees shall be paid on the last regular work day before the holiday. The Employer will have the following options of making payment: negotiable check made on local bank paid prior to quitting time at job site, direct deposit in the employee’s bank account at election of employee or by mail.
The Employer shall furnish to each employee, at the time of payment of wages, an itemized statement showing the pay basis (i.e. hours or days worked), rate or rates of pay, gross wages, and all deductions for that pay period. In addition, the name, address and phone number of the Employer shall be indicated.
No adjustment of disputed pay will be made unless the employee or the Union shall make a claim in writing to the Employer's representative within fifteen (15) days from the pay period in question or from the date of any pay adjustment.
SECTION 2. Employees who quit shall be paid not later than the next regular pay period.
SECTION 3. When employees are laid off or discharged, they shall be paid in full immediately. Employees laid off or discharged, who are paid by direct deposit in their bank account, shall be paid not later than the next regular business day. In the event that the employee is not paid immediately, he shall receive two (2) hours' pay at the appropriate hourly wage rate for each twenty-four (24) hour period for the first forty eight (48) hours. Thereafter, the employee will be paid four (4) hours pay at the appropriate hourly wage rate for each twenty-four (24) hour period until said check is mailed to an address of the employee's choice. The postmark on the envelope will serve as the cutoff for any penalty.
SECTION 4. If the payment is not made expressly as provided in this article, then the employee shall be paid two (2) hours pay at the appropriate hourly wage rate for each twenty-four (24) hour period for the first forty eight (48) hours (Saturday, Sunday and holidays excepted). Thereafter, the employee will be paid four (4) hours pay at the appropriate hourly wage rate for each twenty-four (24) hour period until payment is made. In the case of payment by mail, the postmark on the envelope will serve as the cutoff for any penalty.
ARTICLE 10
UNION REPRESENTATIVE
SECTION 1. The Union representatives shall have access to all places where employees covered by this agreement are employed provided they do not unduly interfere with the work of employees, and that they fully comply with the safety and security procedures established for the projects. On projects with restricted access, the Employer will cooperate with the Union officials in this regard as far as regulations permit.
SECTION 2. One or more working Stewards from among the members working on the job may be appointed by the Union to represent the members on the job. The Employer shall be informed in writing of the names of the appointed Stewards. Only such Stewards shall be accorded recognition by the Employer. The Job Steward shall normally discuss issues arising under this Agreement with the job supervisor and transmit to the Union Representative all disputes emanating from the job. The Job Steward(s) shall not be discriminated for his/her representation of the contract.
Although there shall be no non-working Stewards, it is recognized that the Steward has an important function in maintaining harmony and cooperation on the job.
ARTICLE 11
SETTLEMENT OF DISPUTES/GRIEVANCES
SECTION 1. In cases of violation, misunderstandings or differences in interpretation of this Agreement, there shall be no cessation or stoppage of work. Both parties pledge their immediate cooperation to eliminate the above mentioned possibilities and the procedure in Section 2 is outlined for this purpose.
SECTION 2. In the event that a dispute arising on the job the following procedure will be followed to address the dispute:
Step One. In the event that a dispute arising on the job cannot be satisfactorily adjusted on the job between the representative of the Union involved and the Employer, the dispute shall promptly (not later than fifteen (15) working days), be referred to the authorized representative of the Union and the Employer or their authorized representative. Should they fail to effect a settlement, the matter shall proceed to Step Two. By mutual agreement Step Two may be waived.
Step Two: The dispute shall be referred to a Board of Conciliation within fifteen (15) working days. This Board shall consist of two (2) persons who have no direct involvement in the dispute, appointed by each party. If these four (4) persons cannot effect a settlement within seven
(7) days after the dispute has been referred to them, the matter shall proceed to Step Three.
Step Three: By mutual agreement, the issue may be referred to mediation. The parties shall request a mediator from the Federal Mediation & Conciliation Service or other mutually acceptable services. This person shall serve as the mediator to resolve the dispute. The expense of employing the mediator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs. Should mediation be waived or the parties fail to reach agreement, the matter shall proceed to Step Four.
Step Four: The parties shall request a list of seven arbitrators from the Federal Mediation & Conciliation Service or other acceptable services and shall alternately strike names until only one name remains. This person shall serve as the arbitrator to resolve the dispute. The expense of employing the arbitrator shall be borne equally by both parties and each party shall be responsible for their own attorney fees and costs.
Any decision of the Board shall be within the scope and terms of this Agreement. It may also provide retroactivity not exceeding sixty (60) days from the date the grievance was filed and shall state the effective date. Decision by this Board shall be rendered within twenty (20) days, or at their discretion, after the dispute is referred to them, and such decision shall be final and binding upon all parties. By mutual agreement, the aforementioned time frames in this Article may be waived or extended.
ARTICLE 12
STRIKES AND PICKET LINES
SECTION 1. It is mutually agreed that there shall be no strikes, lockouts or other slow down or cessation of work by either party on account of any labor difference pending the utilization of the grievance machinery, as set forth in Article 11.
SECTION 2 Employees shall not be discharged, disciplined or permanently replaced for any protected activity related to the recognition of a primary picket line as recognized in section 7 of the NLRA.
SECTION 3 As required by law, employees shall be furnished to the Employer during labor disputes with other construction crafts and the Employer will endeavor to work as long as economically possible during these periods.
ARTICLE 13
SAFETY MEASURES
SECTION 1. The Employer and the employee will conform to all Federal and State Health and Safety Regulations applicable to work covered by this Agreement. Employer will furnish hard hats, eye protection, ear protection, respirators, safety belts and lanyards and reflective vests.
SECTION 2. This Agreement is not intended to and shall not be construed as creating, imposing or adopting on the Union or representatives any state common-law duties in the areas of safety.
ARTICLE 14
SAVINGS CLAUSE
SECTION 1. This Agreement is not intended to and shall not be construed to permit acts which violate any valid Federal or State law.
SECTION 2. If any provision of this Agreement or the application of such provision shall in any court or other Governmental action be held invalid, the remaining provisions and their application shall not be affected thereby. Provided, however, upon such invalidation the parties signatory hereto agree to immediately meet to re-negotiate such provisions affected. The parties agree to arrive at a mutually satisfactory replacement within sixty (60) days unless a definite extension of time is mutually agreed to. In the event that the parties are unable to negotiate a replacement, the matter shall be resolved through the provisions of Article 10.
ARTICLE 15
HOURS OF WORK AND YARD PAY
(a) Ten (10) hours shall constitute a day's work and five (5) days shall constitute a week's work, Monday through Friday.
(b) The rate of pay shall be the hourly rate of the concrete pump (truck) assigned to the employee including the pre trip inspections.
(c) In the event of a civil emergency such as, but not limited to, earthquakes, floods, or fires, starting time of the shift may be made to fit the emergency and eight (8) hours in any twenty-four (24) hour period may be worked at straight time. In order to work such shift, mutual agreement shall be received.
ARTICLE 16
OVERTIME
All work to include yard and travel, performed in excess of ten (10) hours of straight time per day, or forty (40) hours of straight time per week, Monday through Friday, or work on Saturdays shall be paid at time and one-half (1½) the straight time rate. All work performed after 6:00pm Saturday until 12:01am Monday and Holidays shall be paid at double the straight time rate of pay. The Employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations.
ARTICLE 17
REPORTING AND MINIMUM HOURS PAY
SECTION 1. REPORTING PAY
Employees reporting for work and not put to work shall receive two (2) hours pay at the regular straight time rate unless notified not to report at the end of the previous shift or one (1) hour prior to the start of a shift. An Employer may require employees to remain at the jobsite for the two (2) hours to receive such reporting pay. When the operator arrives at dispatched job site, four (4) hours shall be allowed unless an employee leaves of their own volition or is discharged for cause in which event they shall be paid for actual time worked.
It is understood that it shall be the responsibility of the Employer to secure from each employee a telephone number by which she or he can be contacted. The employer will make every effort to notify employees of any shift cancellation. If the employee does not, at the Employer’s request, furnish a telephone number or fails to inform the Employer of any change of number at which they may be reached, then the Employer shall be relieved of any responsibility of notification and shall not have to pay show-up time.
When employees, including new hires reporting for work, arrive on the job unprepared to perform the work required (for example, under the influence of alcohol or drugs or inadequately clothed), the Employer shall not be expected to put such individuals to work nor shall they be entitled to reporting pay if not put to work.
Reporting pay on overtime days shall be a minimum of two (2) hours at the applicable overtime wage rate.
SECTION 2. If any employee refuses to start work or if any employee stops work on his or her own volition, the minimum set forth in Section 1 above shall not apply.
SECTION 3. Employees called to work and who are put to work on Saturdays, Sundays or holidays shall be compensated at the applicable overtime rate as outlined in Section 1.
SECTION 4. When a shift is suspended due to inclement weather, after the two (2) hour minimum, employees shall be paid for actual time worked.
SECTION 5. When an employee is “called out” to work without at least eight (8) hours time off since their previous shift, all such “call out” time shall be paid at the overtime rate until he or she shall have the eight (8) hours rest period.
ARTICLE 18
MANAGEMENT RIGHTS CLAUSE
SECTION 1. The Employer retains full and exclusive authority for the management of its operation subject to the provisions of this Agreement. The Employer shall direct their working forces at his sole prerogative including, but not limited to, hiring, promotion, transfer, layoff or discharge for just cause as traditionally practiced within the Construction Industry. The Employer shall utilize the most efficient methods or techniques of construction, tools or labor saving devices. There shall be no limitations upon the choice of materials or design except those imposed by safety and health considerations.
SECTION 2. The foregoing enumeration of management rights shall not be deemed to exclude other functions not specifically set forth.
SECTION 3 It shall not be a violation of this Agreement when the Employer considers it necessary to shut down to avoid possible loss of human life because of an emergency situation that could endanger the life and safety of an employee. In such cases, employees will be compensated only for the actual time worked. In the case of a situation described above whereby the Employer requests the employees to stand by, the employees will be compensated for the “standby time.”
If such a condition continues, the Employer agrees to give timely notice to members of the next shift scheduled to report for duty. In the event timely notice is not given, employees who report for work at their regular reporting time and are not put to work shall be paid “show up pay”.
This article shall be subject to the grievance procedure set forth in Article 11.
ARTICLE 19
SPECIAL CONDITIONS
SECTION 1. Both parties recognize that there may be extenuating circumstances when it is to the mutual interest of both parties to modify the terms of this Agreement. In that event, it will not be a violation of this Agreement for the parties to meet and mutually agree to make such modifications to meet a specific need on a specific project.
ARTICLE 20
PRE-DETERMINED WAGE RATE PROJECTS
SECTION 1. In the event the Employer bids a public job or project being awarded by a federal, state, county, city or other public entity which is to be performed at a pre-determined and/or prevailing wage rate established pursuant to the provisions of the Davis-Bacon Act (Public Law 74-403 (8/30/35) as amended 3/23/41 and 7/2/64 (40 USC 276A-276A7 as amended)) or established by the Industrial Statistician of Washington pursuant to the provisions of Title 39 RCW (39.12) Prevailing Wages on Public Works, the published hourly wage and fringe* rates set forth in said public work at the time of bid shall apply for the first 24 months of the project from the date the contractor is permitted to proceed with work. And further provided, should said public project continue beyond the expiration of this Agreement, the fringe benefits then applicable shall be the fringe benefits set forth in the successor Master Agreement Notwithstanding the above, project agreements may be mutually agreed upon to allow use of the pre-determined wage and fringe rate for the duration of a project to exceed 24 months.
- The fringe benefit contribution rates shall be those as established and maintained by this Agreement and any fringe increases are the responsibility of the Employer.
SECTION 2. In the event the specifications include an escalator provision covering wages, such amount will be included as an increase to wages to the extent that the Employer may recover in the escalator claim.
ARTICLE 21
SUBSTANCE ABUSE POLICY
Labor and Management are committed to providing employees with a drug-free and alcohol-free work place. It is the goal to protect the health and safety of employees and to promote a productive work place, and protect the reputation of Labor and Management and the employees. Consistent with these goals, the Employer prohibits the use, possession, distribution, or sale at its employment sites, of drugs, drug paraphernalia, or alcohol. A program of urine testing, pursuant to the Substance Abuse Policy, may be instituted upon mutual consent of Labor and Management, which consent shall not be unreasonably withheld, to monitor compliance of this policy. Any grievance related to any Employer’s Substance Abuse Program shall be resolved through Article 11, Sett Settlement of Disputes/Grievance, of this agreement
ARTICLE 22
LIGHT DUTY RETURN TO WORK
It is agreed that the Employer may return an injured member to light duty status when allowed by the member's doctor. When such light duty work is available, light duty functions may not be work of another craft or work under classifications covered by the Master Operating Engineers Agreement and Schedule "A" classifications. At no time will the member's total earnings be less than his/her full time loss compensation under industrial insurance. Further, the member will be provided with a full fringe package, as per the Collective Bargaining Agreement, over and above total remuneration. Should the member on light duty have to be laid off due to no work available, the employer will not adversely affect his/her ability to continue to receive loss time benefits from the Industrial Insurance Division of Labor and Industries (including self-insured employers), provided they are still medically eligible.
ARTICLE 23
INDUSTRY ENFORCEMENT
During the term of this Agreement, the Union agrees that it will not enter into a “project only” agreement with any local contractor for pumping concrete if the Employer is competing for work on that project, with the exception of government sponsored Project Labor Agreements.
APPENDIX 1
SCHEDULE "A"
CLASSIFICATIONS AND WAGE SCALES
