LABORERS. Heavy/Highway, Building and Utility MASTER LABOR AGREEMENT. Covering OREGON. Between

Transcription

1 LABORERS Heavy/Highway, Building and Utility MASTER LABOR AGREEMENT Covering OREGON Between Oregon-Columbia Chapter The Associated General Contractors of America And The Oregon and Southern Idaho District Council of Laborers

2 OREGON LABORERS MLA INDEX Article Title Page Preamble 1 Articles of Agreement 1 1 Definitions 1 2 Purposes of this Agreement 2 3 Territory 2 4 Work Affected Defined 2 5 Effective Date Duration Modification 4 No Strike, No Lockout Provisions 4 Termination of Agreement 4 6 Craft Jurisdiction 5 7 Subcontractors and Other Employers 5 Non-Signatory Subcontractors 5 MBE-WBE Subcontractors 5 Vendors 6 8 Mutual Recognition and Union Membership 6 Non-payment of Dues 6 9 Hiring 7 Government Requirements 7 Notification to Local Union 7 Americans with Disabilities Act (ADA) 7 Pre-Job Conference 8 Composite Crew 8 Request for Key Personnel 8 Transfer of Specialty Workers 9 Hiring from Three (3) Groups/Lists 9 Ratio of Apprentices to Journeymen 10 Registration of Applicants 10 Dispatching 11 AGC-OR Laborers MLA Page Index 1

3 Union Unable to Refer 12 Joint Hiring Committee 12 Not Eligible for Rehire Shifts Hours of Work Overtime 13 Hours of Work Overtime 13 Workweek 13 Four-Ten Hour Shifts 13 Make-Up Day 13 Federally Funded Work (Overtime) 14 Single Shift Heavy Highway 14 Single Shift Building 14 Two Shift Operation 14 Three Shift Operation 15 Special Shifts 15 Lunch Period 15 Overtime 16 Rest Period 16 Servicing/Repair of Equipment 16 Non-production Personnel 16 Emergency Work 16 Special Operations Reporting Pay, Minimum Pay and Standby Pay 17 Immigration Reform and Control Act 17 Reporting Expense 17 Minimum Pay 17 Rain Sensitive Work (Standby) 17 Call Back Non-Recurring Work Holidays Payday 19 Protests/Claims/Adjustments Wage Scales 20 Old Work Protection 20 Monetary Increases Transportation Camp Requirements 21 Travel Time 21 Toll Fees Bridges/Ferries 21 Jobsite Transportation 21 AGC-OR Laborers MLA Page Index 2

4 17 Health and Safety 22 Drug & Alcohol Testing Health and Welfare Pension Training 24 Training for Journeymen 25 Special Needs Training 25 Foreman Training 25 Foreman Premium Trustee Qualification Criteria Reciprocity Prevailing Wage Law Enforcement (PWLE) Contract Administration Fund (CAF) Oregon Fair Contracting Foundation (FCF) Laborers Employers Cooperation & Education Trust Safety-Sanitation Government Requirements Public Works Wages Authorization Strikes and Lockouts 30 No cessation of work 30 Unauthorized pickets Jurisdictional Disputes Settlement of Non-Jurisdictional Disputes 31 Grievance Procedure 31 Board of Adjustment 32 Arbitration 32 AGC-OR Laborers MLA Page Index 3

5 34 Joint Laborers Industry Board Union Admission to Job Union Dues Deduction Special Agreements 35 Memorandum of Understanding Mutual Guarantee Adoption of Addendums Hazardous Waste Removal Agreement Saving Clause Guarantee of Authority 37 Schedule A Signatures 37 Summary 38 Special Conditions 39 Wage and Fringe Benefits Scales 41 Special Notes 44 Apprenticeship 44 Apprenticeship Training Program 44 New Entry Rates (Percentages) 44 Apprenticeship Rates 44 Classifications 45 Foreman Premium 47 Zone Pay Differential 48 Definitions 49 General 49 Sewers, Water & Gas Lines, Telephone, & Electric Underground 49 AGC-OR Laborers MLA Page Index 4

6 Schedule C Manhole Excavation & Construction 49 Tunnels 49 Cofferdam Work 50 Compressed Air Work Projects 50 Wage Rates and Conditions 50 List of Signatory Local Unions 51 Trust Fund Office Addresses 51 Separation Slip 52 ADDENDUM AGREEMENTS (Under Separate Cover) Utilization of Manpower Agreement Hazardous Waste Removal Agreement Drug & Alcohol Policy Amended 6/1/97 AGC-OR Laborers MLA Page Index 5

7 PREAMBLE ARTICLES OF AGREEMENT This Agreement, made and entered into as of the 1st day of June, 2013 for the period June 1, 2013 to May 31, 2016 by and between certain members of the Oregon Columbia Chapter of the Associated General Contractors of America (AGC), whose names are set forth in Schedule "B", and referred to as the Employer or Contractor, and The Oregon and Southern Idaho District Council of Laborers, for themselves and on behalf of the local unions whose names are set forth in Schedule "C" or any supplement thereto and hereinafter referred to as the "Union". For purposes of this Agreement, the Associated General Contractors is not acting as a multi-employer bargaining agent in a single multi-employer unit, but is acting for and on behalf of the Employers who have individually requested the Associated General Contractors to act as their individual and separate bargaining agent in individual Employer units. The Agreement constitutes a continuation and extension of the contractual relationship heretofore existing between the Contractor, the AGC, and the Union as evidenced by prior labor agreements between the AGC and the Union. ARTICLE 1 DEFINITIONS A. Association. The term "Association" as used herein shall mean the Oregon- Columbia Chapter, The Associated General Contractors of America. B. Employer. The term "Employer" as used herein shall mean the members of the Association whose names are set forth in Schedule "B" or any supplements thereto and employers who are not members of the Association but who have subscribed to terms and conditions of this Agreement. AGC-OR Laborers MLA Page 1

8 C. Employee. The term "Employee" as used herein shall mean any person, without regard to age, race, creed, color, sex or national origin who is employed under the terms of this Agreement by an Employer. D. Worker. The term "Worker" as used herein shall mean any person without regard to age, race, creed, color, sex or national origin who is in the labor market. E. Union. The term "Union" as used herein shall mean the Oregon and Southern Idaho District Council of Laborers, representing and acting for all their local unions whose names are set forth in Schedule "C" or any supplements thereto. F. Apprentice. The term Apprentice as used herein, shall mean any person who is actively enrolled in a state-approved joint apprenticeship program designed to achieve off-site proficiency and on-site productivity so as to permit a person to meet the minimum uniform competency standards of a qualified Journeyman Laborer. ARTICLE 2 PURPOSES OF THIS AGREEMENT The purposes of this Agreement are to promote the settlement of labor disagreements by conference, in accordance with Article 32 Jurisdictional Disputes and Article 33 Settlement of Non-Jurisdictional Disputes procedures, to prevent strikes and lockouts, to prevent avoidable delays and expense. Both parties pledge their efforts to these purposes. ARTICLE 3 TERRITORY This Agreement shall cover the entire State of Oregon. ARTICLE 4 WORK AFFECTED DEFINED 4.1 This Agreement shall cover and apply to all on site activities of the Employer in the area and territory named in Article 3. This Agreement shall also cover and apply to all subcontractors of the Employer at whatever tier in the area and territory named in Article 3, subject to and in accordance with the provisions of Article 7, titled "Subcontractors and Other Employers". AGC-OR Laborers MLA Page 2

9 To clarify the scope of this Labor Agreement and to thereby avoid future misunderstandings, highway and heavy construction work is defined as including but not limited to the following: construction of roads, streets, highways, alleys, sidewalks, guard rails, fences, parkways, parking areas, athletic fields, airports, railroads, railways, bridges, overpasses, underpasses, grade separations, grade crossings, track elevations, elevated highways, sewers, water mains, foundations, piledriving, sanitation projects, irrigation projects, flood control projects, reclamation projects, reservoirs, dams, dikes, levees, revetments, channels, aqueducts, channel-cutoffs, jetties, breakwaters, harbor developments, docks, piers, abutments, retaining walls, transmission lines, pipelines, duct lines, subways, shafts, tunnels, excavation of earth and rock, clearing and grubbing, land leveling, quarrying, grading and paving, airport grading, electric telephone and TV cable transmission lines, (both above and below ground), (opened ditch and/or plowed), all common ditches, locks, drilling, demolition and site clearing, industrial plant construction other than building construction as defined below, including operation, maintenance and/or repair of land and floating plant equipment, vehicles and other facilities used in connection with the described work and services, including but not limited to by inference or otherwise is work relating to off shore drilling and pipelines, handling of ammunitions, loading and unloading of trucks, railcars, planes, barges and ships, and all other work of similar nature. 4.2 Building construction is defined as construction of any building structure, including modifications thereof or additions or repairs thereto, intended for use for shelter, protection, comfort, and convenience. The building conditions of the Agreement shall apply to the construction of all buildings starting with footings and/or foundation walls. The building conditions of this Agreement shall not apply to the construction, repair, alterations or razing of any buildings incidental to heavy, highway, or utility construction projects as described in Section 4.1 above, except the construction of permanent residential housing constructed at the site of these projects. 4.3 In the event of any disagreement between the parties hereto as to the proper classification of any project, said dispute shall be resolved under the Settlement of Disputes procedure of this Agreement. 4.4a It is expressly understood and agreed by all parties hereto that the Association does not purport to represent through this Agreement any individual, firm or corporation engaged in a commercial operation of material processing and supplying, therefore, such commercial operations of material processing and supplying to and including the first drop at the job site, are specifically excluded from coverage of this Agreement. If the first drop at the job site includes the distribution of material to numerous locations in the close proximity of the point of installation and the distribution work described is assigned to the building trades, it is understood the Laborers lay claim to this work. AGC-OR Laborers MLA Page 3

10 4.4b It is further agreed, however, that where and when operations of material processing are established at the direction of the Employer as a part of the construction contract for the purpose of supplying materials to the Employer for his construction work, such operations shall be covered by this Agreement in accordance with this Article. It is also expressly understood and agreed that this Agreement shall apply in accordance with this Article to the operation of quarries, sand and gravel plants, pre-cast and pre-stress plants, asphalt plants, ready-mix concrete or batch plants established by an Employer or subcontractor to process or supply material for the Employer or when any such operation is established primarily to supply materials to the Employer. 4.5 This Agreement covers all work described in this Article performed by the Employer, its successors, and/or assigns. 4.6 Craft jurisdiction is neither determined nor awarded by classification or scope of work coverage in any AGC Labor Agreement. ARTICLE 5 EFFECTIVE DATE-DURATION-MODIFICATION 5.1 When executed by parties hereto, the terms and conditions of this Agreement shall become effective June 1, 2013 and shall remain in full force and effect through May 31, The no-strike, no-lockout provisions of the Agreement shall remain in full force and effect during the entire three (3) year duration of this Agreement. The monetary considerations, i.e. wages, fringe benefits, etc., shall be as set forth in Schedule "A" for rates to be effective June 1, Any party hereto desiring termination or modification of the Agreement to take effect June 1, 2016, must serve, by Certified or Express Mail written notice to the other of a desire to change, amend, modify or terminate this Agreement on or before March 1, If no such written notice is given, this Agreement shall continue in full force and effect from year to year. It is agreed that in the event that either party should exercise its rights under this paragraph to amend or modify, the parties will, for a period of ninety (90) days prior to the expiration of the Agreement, bargain exclusively with each other with respect to all wage rates, working conditions and hours of employment for the work herein covered. If no Agreement has been entered into at the expiration of said ninety (90) day period, this Agreement shall continue in full force and effect until a new Agreement is reached or either party notifies the other by Certified or Express Mail of termination. If such termination notice is given, its effective date must be more than twenty-four (24) hours after the other party receives such notification. 5.3 The parties further agree that during any contract year when this Agreement is opened for the sole purpose of negotiating wages and fringe benefits, all of the other AGC-OR Laborers MLA Page 4

11 provisions of this Agreement, including specifically the no strike, no lock-out provision shall remain in full force and effect. Should the parties reach impasse, it is mutually agreed the parties will jointly contact and accept the services of an arbitrator from the Federal Mediation and Conciliation Services, the America Arbitration Association, or the Arbitration Service of Portland. ARTICLE 6 CRAFT JURISDICTION The work covered by this Agreement shall be that which is recognized as properly coming under the jurisdiction of the Laborers' International Union of North America. (See Article 32 - Jurisdictional Disputes). ARTICLE 7 SUBCONTRACTORS AND OTHER EMPLOYERS 7.1a A subcontractor is one who takes over any part or a complete section of a general contract, including both the furnishing of materials for and the performance of labor on the job, or the performance of labor only. No Employer or joint venture covered by the terms and conditions of this Agreement shall subcontract any job-site work to a subcontractor or employer who is not signatory to this Labor Agreement except as provided below. The Employer or joint venture shall be held responsible for the payment of Wages, Travel Pay, Pension, Health and Welfare, Dues Deduction, Training, Prevailing Wage Law Enforcement (PWLE), Contract Administration Fund (CAF) and Oregon Fair Contracting Foundation (FCF) incurred by the subcontractor and shall see that the subcontractor adheres to the working conditions, except as provided below. 7.1b Section 7.1a shall not be operative when potential union subcontractors are not available. When a subcontractor is not signatory to a labor agreement, there shall be a pre-job conference between the Local Union, a representative of the District Council, the Contractor, the subcontractor and the Association if affected. The parties will attempt to reach agreement regarding this section before the subcontractor performs any work on the project. 7.1c In order to comply with this Article, the Union may make available an agreement for the duration of the project or subcontract to cover only the subcontracted work. 7.2 In the event an Employer is unable to find qualified competitive union Minority Business Enterprises-Woman Business Enterprises (MBE-WBE) subcontractors when the Employer is obligated to satisfy MBE-WBE recruiting requirements, the Union and the AGC-OR Laborers MLA Page 5

12 Employer shall waive this Article provided the applicable portions of Sections 7.1b, 7.1c, or 7.3 are complied with by the Employer and the Union. 7.3 Where the general contractor receives bids that show the non-union subcontractor five percent (5%) or more lower than the union subcontractor, the Employer and the Union shall waive this Article, provided however the pre-job conference referred to in 7.1b above is utilized. The Union and the Employer shall review the prices submitted before signing the non-signatory subcontractor. 7.4 A vendor, who makes delivery of materials, supplies or equipment and who, incidental to or as part of the furnishing or delivery of material, supplies, or equipment, does any work at the job-site, shall be a party to a collective bargaining agreement with the Union, containing the full terms of this Agreement. In the event a vendor is not a party to such an agreement, he/she shall not perform any job-site work except that deliveries may be made by such vendor to job-site. ARTICLE 8 MUTUAL RECOGNITION AND UNION MEMBERSHIP 8.1 The Association recognizes the Union as the sole collective bargaining agent for all workers and employees falling within the jurisdiction of this Agreement and the Union recognizes the Association as the sole bargaining agent for its members as listed on Schedule "B" hereof and supplements thereto. The jurisdiction of this Agreement shall not include employees of the Employer as defined and excluded by the Labor Management Relations Act of 1947, as amended, or their transportation (it is further understood that the employees so listed as excluded from this Agreement shall not be employed to use the tools of the craft or to perform the work covered by this Agreement). 8.2 All employees employed by the Employer to perform work within the properly determined craft jurisdiction of the Union involved shall become members of such Union not later than the eighth day following the beginning of such employment or since the inception of this Agreement, and thereafter shall maintain membership in good standing in said Union as a condition of employment subject, however, to the provisions of Sections 8.3 and 8.4 of this Article. 8.3 The Union accepts all obligations for the continued membership of its members as provided in Section 8.2 of this Article, and for the collection of their initiation fees and dues. There shall be no stoppage or slow-up of work because of disciplinary action on the part of the Union, except that the Union shall have the right to require the removal of employees for failure to pay or tender initiation fees and dues as required by this Agreement. AGC-OR Laborers MLA Page 6

13 8.4 All requests by the Union for removal of an employee for nonpayment of or failure to tender initiation fees and dues shall be made to the contractor in writing, in which event, the Employer agrees to remove the employee involved at the end of the shift providing a replacement is available. ARTICLE 9 HIRING 9.1a There shall be no unlawful discrimination by the Employer or the Union with respect to the hiring, tenure, or discharge of any worker or employee, and any requirements as to membership or non membership in any union shall be in accordance with the National Labor Relations Act of 1947 as amended, and the appropriate Executive Orders. 9.1b The Employer and the Union recognize that they are required by law not to discriminate against any person with regard to employment or Union membership because of age, race, religion, color, sex, national origin, or ancestry and hereby declare their acceptance and support of such laws. This shall apply to hiring, registration for employment, placement for employment, rates of pay or other forms of compensation, layoff or termination, and application for admission to Union membership. 9.1c The Employer and the Union recognize that an Employer should not lose jobs because of Government requirements which are in conflict with the hiring hall. Therefore, when a government contract or Government Agency requires a different hiring hall arrangement to meet Federal or State requirements, the hiring hall arrangement will be modified to meet the demands of those requirements. It is understood that the hiring hall will be followed as closely as possible without being in conflict with the Government requirements. 9.1d The Employer will notify the Union in advance of the commencement of the job of the Government requirements, and upon request will provide the Union with a copy of pertinent provisions. 9.1e Americans With Disabilities Act (ADA). The parties to this Agreement recognize the mandate to accommodate the disabled and agree that, other provisions of the Agreement notwithstanding, the Contractor may take reasonable actions as necessary to accommodate an individual who is or may be disabled. The Union agrees that it will conduct the affairs of its operations consistent with the requirements of the Americans with Disabilities Act. It is also further understood and agreed that this section is not intended to create jobs where none exist. AGC-OR Laborers MLA Page 7

14 9.2 Employees covered by this Agreement have certain accrued rights or benefits for themselves and their dependents under Health and Welfare and Pension plans which accrue to them by virtue of length of employment with Employers party to this Agreement, and such rights are generally continuous while under employment and remain effective until a certain period of time after lay-off or discharge. 9.3a It is recognized within the construction industry that the Union affords the prime source of qualified Laborers. The Employer must hire qualified Laborers by calling the Union and receive a dispatch from the hall in the jurisdiction where the work is performed. Whenever the Employer requires Laborers on any job, he/she must notify the Local Union office by telephone stating the location, starting time, approximate duration of the job, the type of equipment to be operated and the work to be performed and the number of Laborers required. 9.3b Pre-Job Conference Upon request by the union or employer a pre-job conference shall be held regarding any project on which the employer anticipates one (1) or more employees will be employed. However, if an employer conducts a pre-job conference with any other craft on work that will employ one (1) or more employees the union will be notified. Such pre-job conference shall be held at AGC or at a location on or near the project. 9.3c Composite Crew. Employers may establish for a project or job a crew or crews known as a "composite" which shall consist of the required crafts in such proportions as are respective to the type of work to be performed. In performing its work, the "composite crew" shall be allowed relaxation from strict craft jurisdiction, provided the employees from each craft are assigned to their craft's jurisdiction as far as practical and possible, but not inconsistent with the provision of this agreement. The aforementioned provision shall first be arranged at a pre-job conference or subsequent meetings of the employer and crafts involved. Any disagreement over this provision may be appealed to the chief representatives of the respective five crafts and AGC. If a pre-job conference is not held between the employer and the involved crafts, the "composite crew" provisions will not exist. 9.4a Key Workers. Any Joint Venture shall have the rights of any of its component individual Employers, and any reorganized company shall retain the privileges of its former position under this Section. The individual Employer shall have the right to request key workers on specialty crews (such as tunnel, fencing, guard rail, paving, concrete laborer) and other workers represented by this Agreement by name who have been previously employed by said Employer as a Laborer within the last forty-eight (48) months under the jurisdictional territory of the District Council of Laborers provided said worker is registered at the Union AGC-OR Laborers MLA Page 8

15 hall and not on the payroll of another Employer. Workers hired under this 9.4a, except specialty crews as noted above, shall not constitute more than fifty percent (50%) of the Laborers employed on each project. 9.4b An Employer shall be allowed to transfer an unlimited number of specialty workers from one local s jurisdiction to another local s jurisdiction within the State of Oregon. The Employer shall also have the right to transfer no more than fifty percent (50%) of its other laborers from one local's jurisdiction to another local's jurisdiction with the State of Oregon. Layoff procedures shall maintain the fifty percent (50%) ratio. 9.4c The Employer and the Union shall mutually agree on a reasonable number of workers to be brought into the territorial jurisdiction of the Local Union for each job and such workers may be employed without reference to the hiring provisions of Article 9 and such workers shall register with the Local Union. 9.4d Notwithstanding 9.4a above, the individual Employer shall have the right to request any laborer who was employed by said Employer as a laborer on work within the jurisdiction of a Local Union for work within the jurisdiction of the same Local Union. 9.4e In addition, the Employer may request fifty percent (50%) of his Journey Person crew by name from the A list regardless of his position. This must be confirmed in writing, prior to any dispatching in order to verify percentage of crew. 9.4f In addition, by mutual consent of the Employer and the appropriate Local Union representative, the Employer shall have the right to select a limited number (up to three) of journey level Laborers from any work list per calendar year and stated as a result of a pre-job conference. The Employer will be required to provide a written request from the principal of the company to the Local Union. Additional requests may be honored by mutual agreement between the Employer and the Business Manager of the Local Union. 9.5 All Laborers, except as noted in Section 9.4 of this Article, shall be hired and/or rehired in accordance with length of service with Employers in the collective bargaining unit from the following three (3) groups/lists: "A" List. Laborers who have been employed by an Employer or Employers, party or parties to this Agreement (as hereinafter defined), who have worked for any such Employer or Employers for an aggregate time of at least four thousand (4,000) hours during the period of eight (8) years immediately preceding the registration date on the out-of-work list.; In order to maintain A List status, all Laborers must meet the following criteria by January 1, 2015: 1) Complete OSHA 10; 2) Have a valid certified rigging and signaling card (except flagger); AGC-OR Laborers MLA Page 9

16 3) Adhere to the Oregon Laborers Code of Ethics approved by the Oregon and Southern Idaho District Council of Laborers; and 4) Complete sixteen (16) hours of training in the previous twenty-four (24) months or work a minimum of 1,000 hours in the previous calendar year. Continual training hours and classes will be set by Oregon Laborers Training or other approved training. "B" List. Laborers who have been employed by an Employer or Employers, party or parties to this Agreement (as hereinafter defined), who have worked for such Employer or Employers for an aggregate time of less than four thousand (4,000) hours during the preceding period of eight (8) years immediately preceding the registration date on the out-of-work list shall be considered B List status. B List Laborers shall only be employed when there are no more qualified A List members and/or apprentices available, except as provided in Article 9.4(a), 9.4(b), 9.4(d), 9.4(e), and 9.4(f). "C" List. All other applicant Laborers for employment. The Employers and the Union shall make up and prepare the roster for preference of rehire by grouping all Laborers who come within the above groups and shall utilize the Health and Welfare and Pension records in establishing these accrued rights based on length of employment. Apprentices - Unless agreed by mutual agreement, the number of apprentices shall not exceed the ratios established below: One (1) Apprentice after the first journeyperson (1: 1 Ratio) Second Apprentice after five (5) more journeypersons (1: 5 Ratio) Any additional Apprentices will be at a 1:10 Ratio to a maximum of ten (10) apprentices per employer The same ratios will be maintained when reductions in the work force occur. "Employers" under this Article means: (1) any Employer party to this Agreement, or (2) any Employer who employs Laborers under the terms of this Agreement and is a contributing Employer within the meaning of the Health and Welfare and Pension Plans. 9.6 Registration or re-registration of applicants for referral shall be accepted by the Union at any time during its customary office hours. All applicants shall be registered in the order of time and date of registration. To remain on the registration list, an applicant for referral must renew his registration not later than thirty (30) days from the date of his last registration or re-registration. Applicants who do not re-register within thirty (30) days shall AGC-OR Laborers MLA Page 10

17 be dropped from the out-of-work list and, at such time they do re-register, must do so at the bottom of the appropriate list. There shall be three (3) groupings of the out-of-work list. All Laborers with accrued rights and qualifications shall be registered in either "A" List or "B" List and all other Laborers without accrued rights shall be registered in "C" List. Each applicant for employment shall be required to furnish such data, records, names of Employers and length of employment and licenses as may be deemed necessary, and each applicant shall complete such forms or registration as shall be submitted to him. 9.7a Upon the request of an Employer for employees, the Union shall refer qualified Laborers, based on job skills and job requirements, to that Employer in sufficient number required by the Employer in the manner and under the conditions specified in this Agreement from the list in the following order of referral: 1. Applicants shall be referred from the "A" List in successive order as their names appear on the out-of-work list, and, when the "A" List has been exhausted. 2. Then, applicants from the "B" List in successive order as their names appear on the out-of-work list, and, when the "B" List has been exhausted. 3. Then, applicants from the "C" List in successive order as their names appear on the out-of-work list. 9.7b All dispatching will be done by telephone and availability is required by applicants between the hours of 8am and 4pm, Monday through Friday. It shall be the applicant's responsibility to maintain a current telephone number and contact information with the Local Union dispatch office. In the event of non-contact or a bad phone number, the Local Union reserves the right to make written contact with the applicant and if there is no response within five (5) working days, the applicant shall be removed from the list. 9.7c Any applicant who is dispatched from the hiring hall in which work is provided must re-register at the bottom of the appropriate list, for his group, unless Employer submits request as a short call work order request for up to five (5) days (consecutive or nonconsecutive) only. If Employer submits request for five (5) day s work, the applicant after the fifth (5 th ) day will retain his position on the appropriate list for his group. Applicants who work over five (5) days must re-register at the bottom of the appropriate list. If the applicant takes any action within the first five (5) days of employment designed to manipulate this provision of the job rules, such as a voluntary quitting or requesting to be laid off or discharged from the job to which he/she has been dispatched, he/she will be placed at the bottom of that list. 9.7d Any applicant who turns down or is unavailable by telephone for two (2) consecutive job referrals, for which such applicant is qualified, shall be automatically reregistered at the bottom of the appropriate list for his/her group. It shall be the applicant's AGC-OR Laborers MLA Page 11

18 responsibility to maintain a current list of job classifications and skills for which he is qualified. If applicant accepts a job referral from the Union and does not accept the job, he/she shall be re-registered at the bottom of the appropriate list. 9.7e Should the Union be unable to refer qualified workers for employment to the Employer within twenty four (24) hours from the time of receiving the Employer's request (Saturdays, Sundays and Holidays excepted) or at the time mutually agreed upon at time of request, or if a worker fails to report to the job site in the agreed time, the Employer shall be free to secure the workers from any source. The Employer shall notify the Local Union promptly of the names, social security numbers and the date of hire of such employees. 9.7f Any employee employed by the Employer in violation of this Article shall forfeit all priority rights, including Section 9.4 of this Article, shall be removed from the job and reregistered at the bottom of the appropriate list for his group. Should the Employer fail to terminate such employee after receipt of written notice, the Union may take any economic action against the Employer and shall not be in violation of this Agreement. 9.8 The parties to this Agreement shall create a Joint Hiring Committee, composed of an equal number (not to exceed three (3) each) of Employer and Union representatives, to supervise and control the operation of the job referral system herein. The Joint Hiring Committee is empowered to hear and determine any and all disputes or grievances arising out of this Article and is also empowered to impose remedies. Any applicant or registrant shall have a right of appeal of any dispute or grievance arising out of and related to the operation or functioning of the job referral plan to the Joint Hiring Committee. All decisions of the Joint Hiring Committee shall be final and binding on all parties including applicants. 9.9 The Employer shall be the sole judge of a worker s qualifications and may discharge any employee for cause, which shall be stated on the standard separation slip (attached to this Agreement). Whenever an employee is discharged and is not eligible for rehire, it shall be so stated on the standard separation slip Whenever an employee is discharged for cause, including failure to pass a substance abuse test, not able to perform the assigned work due to lack of skills or as unsatisfactory, the Employer agrees to send a separation slip to the Union stating the reasons for termination. If no notice of cause is provided, the individual shall be eligible for rehire without exception When a registrant has been terminated as unsatisfactory or has been discharged for cause by at least three (3) employers within a twenty-four (24) month period, AGC-OR Laborers MLA Page 12

19 he/she shall be denied further use of all hiring halls covered by the District Council provided the employers have furnished the District Council in writing the reasons for such termination or discharge. Members may appeal to the Joint Hearing Committee When a registrant has been terminated for lack of possessing the necessary skills to perform the assigned duties, by at least three (3) employers within a twenty-four (24) month period, satisfactory completion of additional training will be required before hiring hall privileges are restored in the classification in question. ARTICLE 10 SHIFTS-HOURS OF WORK-OVERTIME (The official time for the purposes of this Agreement shall be applicable legal time) The hours of work per week or month shall be as regulated by particular contract which the Employer has to perform and shall be arranged to meet the requirements of the Employer as best suits the calendar time allowed by the contract for completion. 10.2a The workweek shall be forty (40) hours, Monday through Friday, and the workday shall not exceed eight (8) hours per day. All time worked in excess of the foregoing shall be paid for at the rate of time and one-half (1.5X). Work performed on Saturdays shall be paid for at the rate of time and one-half (1.5X). Sunday, Holiday and work in excess of twelve (12) hours in any workday shall be paid for at the rate of double time (2.0X). On Heavy Highway, only work performed on Sunday and Holidays shall be paid for at the rate of double time (2.0X). 10.2b Notwithstanding the above, the Employer may, at his/her option, establish ten (10) hour shifts for a minimum of any four (4) consecutive scheduled work days, Monday through Thursday, or Tuesday through Friday, on some or all operations on a project, without being required to pay overtime. Anything over ten (10) hours shall be subject to the provisions above. Failure to work the four (4) day minimum shall require overtime unless such failure is caused by actual inclement weather, holiday or other conditions definitely beyond the control of the Employer. 10.2c Four-ten (4-10) hour shifts at the straight time rate may be established Monday through Thursday or Tuesday through Friday. In the event the job is down due to equipment breakdown, weather conditions or other conditions beyond the control of the Employer, then Friday on a Monday through Thursday schedule or Saturday on a Tuesday through Friday schedule on a voluntary basis may be worked as a MAKE-UP DAY at the STRAIGHT TIME RATE. In the event Friday make-up day cannot be worked due to conditions beyond the control of the Employer, then Saturday on a voluntary basis may be AGC-OR Laborers MLA Page 13

20 worked as a make-up day at the straight time rate. Make-up day applies to the crew so affected. Make-up days shall not be used to make-up time lost due to a holiday. On work that is entirely federally funded, the workweek shall be forty (40) hours, Monday through Friday. All work in excess of forty (40) hours in one (1) week, or ten (10) hours in one (1) day shall be paid for at the rate of time and one-half (1.5X). The Contractor shall not employ a second crew to circumvent overtime pay after forty (40) hours. This shall not prohibit the Employer and the Union from negotiating "rolling" four-ten (4-10) hour shifts on a project by project basis. The workweek may include a Saturday make-up day at straight time rate. 10.2d Notwithstanding the language in Section 10.2.a, if the particular public works contract which the Employer has to perform causes a normal shift to begin Sunday night after 6 PM, the work shall be paid for at the rate of time and one-half (1.5X) until 12:00 midnight and at the straight time rate for the following eight (8) hours thereafter. 10.2e All applicable state laws will apply to break times. (1) SINGLE SHIFT: HEAVY HIGHWAY Eight (8) hours work per day between the hours of 5:00 a.m. to 7:00 p.m. and five (5) days per week, Monday through Friday, shall be the normal working time of all employees covered by this Agreement. Starting and quitting times may be expanded by mutual consent of the Employer and the Union. BUILDING Eight (8) hours work per day between the hours of 6:00 a.m. to 6:00 p.m. and five (5) days per week, Monday through Friday, shall be the normal working time of all employees covered by this Agreement. Starting and quitting times may be expanded by mutual consent of the Employer and the Union. MINIMUM TIME BETWEEN SHIFTS. When an employee has worked the regular shift and then is required by the Employer to work at the overtime rate, the Employee shall not go to work again for the regular rate until the employee is relieved for a period of at least eight (8) hours. (2) TWO SHIFT OPERATION: On a two (2) daylight and consecutive shift operation, no shift penalty is involved for work performed in either of these two (2) shifts. Each shift must be scheduled for at least eight (8) hours except as provided for in the Reporting Pay/Minimum Pay requirements of this Agreement. AGC-OR Laborers MLA Page 14

21 (3) As an exception to the provisions of paragraphs (a) and (b) above, a starting time earlier than 5:00 a.m. may be established by mutual Agreement between the Employer and the Union, which shall be confirmed in writing and copies filed with representatives of both parties. (4) THREE-SHIFT OPERATIONS: On a three (3) shift operation, the first shift of eight (8) hours (exclusive of meal period) shall start between the hours of 6:00 a.m. and 8:00 a.m., and eight (8) hours work shall constitute the first shift for which eight (8) hours will be paid. The second shift shall consist of seven and one-half (7.5) hours for heavy-highway-utility work and seven (7) hours for building work (exclusive of meal period) for which eight (8) hours at the straight time rate shall be paid. The third shift shall be seven (7) hours (exclusive of meal period) for which eight- (8) hours at the straight time rate shall be paid. Thirty-five (35) hours shall constitute a week's work on the third shift. (5) SPECIAL SHIFT: A special shift may be established at any time, at the option of the Employer, on any job or project. Said shift shall not be started until the union has been notified. There shall be no premium or penalty for working a special shift. (6) On new building construction there shall be three (3) or more consecutive days work (exclusive of Saturdays, Sundays and Holidays) for each shift, provided, however, that in the event of any emergency where an extra single shift is necessary to prevent delay in the scheduled progress of work, such as the completion of forms for pouring concrete or the completion of a concrete pour, such single shifts will be permitted upon prior notice to the Union, and providing such shift must be worked the full shift time of seven and one-half (7.5) hours for eight (8) hours pay. (7) For the purposes of this Article, a full shift shall be considered the regularly scheduled hours of work established for each shift, and the second and third shifts shall be considered as a part of the working day on which the first shift started. The total allowable time for a two (2) or three (3) shift operation shall not be in excess of twenty-four (24) hours from the regular starting time of the first shift. The regularly scheduled shift hours shall not be changed during the workweek without two (2) day s prior notice and not more than once during the workweek. (8) Should an Employer elect to start a shift before the regular starting time, the Applicable overtime rate shall be paid until the regular starting time, and the eight (8) hours of continuous employment (exclusive of meal period) following the regular starting time shall be at the regular straight time rate and/or in accordance with Section 10.2 of this Article. Should an Employer elect to start an employee prior to his regularly scheduled hours of work, such employee shall receive the applicable overtime rate up to his regularly scheduled hours. (9) LUNCH PERIOD: A regular lunch period of not less than one half (0.5) hour or more than one (1) hour shall be established within one (1) hour of mid-shift but in no AGC-OR Laborers MLA Page 15

22 event longer than five (5) hours from the beginning of the shift. If an employee is required to work more than five (5) hours from the beginning of the shift without a lunch period, he/she shall be paid a half (0.5) hour at the applicable overtime rate and in addition given no less than thirty minutes to eat his/her lunch. If the employee is not given a minimum of thirty minutes to eat, he/she shall then receive an additional one half (0.5) hour at the applicable overtime rate. Employees who have been given sufficient time to eat during the regular shift may be allowed to work twelve (12) hours without a second lunch period penalty. If the employee works over twelve (12) hours, he/she shall be paid one half (0.5) hour penalty at the applicable overtime rate. If the employee is not given sufficient time to eat his/her lunch during his/her regular shift, an additional one half (0.5) hour penalty shall be paid if required to work longer than ten (10) hours. (10) REST PERIODS: Paid rest periods of ten (10) minutes shall be provided during each work period (four (4) hours) or major part thereof. The rest period may not be added to the usual meal period or deducted from the beginning or end of the work period to reduce the overall length of the total work period. The ordinary nature and circumstances of construction work may not allow for a fixed regular schedule. However, effort shall be made to have rest periods taken approximately in the middle of each work period The Employer shall furnish when necessary heated change rooms of ample size equipped for drying clothes and with benches. They will be situated as close as practical to the work area and will not be used for storage of material or equipment. The determination as to necessity shall be made by Agreement of the Employer and the business representative of the Local Union concerned. In the event the works of one of the other 5-craft unions are provided facilities for eating, the Laborers shall be entitled to the same (Applies to heavy-highway-utility work only). Moving of all equipment from job to job, set-up and tear-down work, and servicing and repair work done by operating crews on Sundays and Holidays shall be paid for at one and one-half times (1.5X) the straight time rate provided for the classification concerned (Applies to heavy-highway-utility work only). When it is necessary to keep flaggers or other non-production or non-operating employees on duty on Saturdays and Sundays when no other activities (other than such maintenance work which is being done by other crafts) are in progress, such employees shall be paid at the overtime rate of one and one-half times (1.5X) the basic rate of wages EMERGENCY STARTING TIME. When it is mutually agreed that an emergency exists, such as earthquakes, floods or fires, starting time for the shift may be AGC-OR Laborers MLA Page 16

23 made to fit the emergency and eight (8) hours in any twenty-four (24) hour period may be worked at straight time when mutual agreement with the Union shall be received in writing Foremen or employees from other crews cannot be used to complete a job or work assignment which continues or requires overtime work. Nothing in this section shall prevent the expansion or reduction of a work crew by the Employer On operations such as green sawing, dewatering, curing and protection of concrete, all overtime pay shall be time and one-half (1.5X), including Sundays and Holidays. ARTICLE 11 REPORTING PAY, MINIMUM PAY AND STANDBY PAY 11.1 Immigration Reform and Control Act (IRCA). Any referral who is unable to qualify for employment under the provisions of the IRCA shall not be eligible for employment and the attendant benefits therein Reporting Expense. When qualified workers report for work as directed and for whom no work is provided, they shall be paid four (4) hours pay unless prevented from working by causes not under the control of the Employer. Upon proper notification to the employer at the time of dispatch, an applicant who travels more than fifty (50) miles from his/her domicile to the jobsite and is not put to work shall be paid eight (8) hours at the dispatch rate of pay, plus fringe benefit contributions. It being understood that the above reimbursements are for the inconvenience of reporting to the job site and are not to be construed as wages for work performed and that workers entitled to reporting expense shall not be required to remain on the job site except as provided below Minimum pay. Employees who work less than four (4) hours shall be paid for four (4) hours and if worked more than four (4) hours shall receive pay for the actual time worked unless they are working directly with Cement Masons and they will receive eight (8) hours of pay if worked in excess of four (4) hours. If an employee leaves or quits of his own volition, he/she shall be paid for actual time worked at applicable straight and overtime rates. If a new hire is put to work and judged by the Employer to be unsatisfactory, that person shall be paid only for the actual time worked Stand by. On rain sensitive work such as Dirt Work, Slab Work, Asphalt Work or in such cases as equipment breakdown, the Employer may request the employees to remain on the job for up to two (2) hours on a stand by basis. If not put to work during this two (2) hour period, the employee shall receive two (2) hours wages plus fringes but shall AGC-OR Laborers MLA Page 17

24 not receive the forty dollars ($40.00) reporting expense. If put to work, employees shall receive pay for actual hours worked in accordance with the minimum pay requirement of this article Call Back. When employees have completed their scheduled shift; and have left the job-site; and are "called back" to perform work of a casual, incidental or irregular nature, they shall receive a minimum of two (2) hours pay at the applicable daily overtime rate. ARTICLE 12 NON-RECURRING WORK 12.1 When an Employer does not have regular employees available at the job site, he/she may employ without regard to craft jurisdiction when the following conditions exist: (a) Unexpected vacancies caused by sickness or other unavoidable absences beyond the control of the Employer; and/or (b) Where less than one (1) day's work must be performed and members of this Union are not immediately available In such cases the employee shall be paid the rate for the classification of the work which he/she is required to do, or the rate for the classification under which he/she was working immediately prior to the temporary assignment, whichever rate is higher In no event, will the above conditions be permitted beyond one (1) day nor will the temporary assignment be considered as a permanent assignment of work. Employers found violating this Article shall be considered in breach of contract and subject to Settlement of Non-Jurisdictional Disputes, Article 33. HOLIDAYS shall be: ARTICLE 13 HOLIDAYS New Year's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Day following Thanksgiving Christmas Day AGC-OR Laborers MLA Page 18