BLS Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the BLS Contract Collection, see http://digitalcommons.ilr.cornell.edu/blscontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 [email protected] Contract Database Metadata Elements (for a glossary of the elements see - http://digitalcommons.ilr.cornell.edu/blscontracts/2/) Title: Utah Mechanical Contractors Association and United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States of America (PPF), AFL-CIO, Locals 19, 57, 348 (2003) K#: 8904 Employer Name: Utah Mechanical Contractors Association Location: UT Union: United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States of America (PPF), AFL-CIO Local: 19, 57, 348 SIC: 1711 NAICS: 23822 Sector: P Number of Workers: 1200 Effective Date: 08/27/03 Expiration Date: 07/31/07 Number of Pages: 38 Other Years Available: Y For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/ Utah Mechanical Contractors Association and the Utah Pipe Trades Local Unions 19, 57, 348 UTAH MECHANICAL CONTRACTORS ASSOCIATION UTAH PIPE TRADES LOCAL UNIONS 19. 57. 348 COLLECTIVE BARGAINING AGREEMENT UNION REPRESENTATIVE MANAGEMENT REPRESENTATIVE LOCAL 19 Utah Mechanical Contractors Association Mark Crockett, Business Manager Robert G. Bergman 2261 South Redwood Road #5 669 South 200 East #100 Salt Lake City UT 84119 Salt Lake City UT 84111 Phone: (801)973-6784 Phone: (801)364-7768 Fax: (801)973-2327 Fax: (801)531-7725 Email: [email protected] Email: [email protected] LOCAL 57 M. Joe Thompson, Business Manager 2261 South Redwood Road #L Salt Lake City UT 84119 Phone: (801)972-5558 Fax: (801)973-6156 Email: [email protected] LOCAL 348 Larry Facer, Business Manager 1336 Washington Blvd. Ogden UT 84404 Phone: (801)392-6185 Fax: (801)392-4700 Email: [email protected] JOINT TRUST FUNDS Utah Pipe Trades Educational Programs Tom Lewis, Director Dan Smith, Assistant Director 900 North 400 West Building 4 North Salt Lake City UT 84054 Phone: (801)295-6198 Fax: (801)295-5864 Email: [email protected] Utah Pipe Trades Health & Welfare Utah Pipe Trades Pension Fund CompuSys of Utah Inc. 2156 West 2200 South Salt Lake City UT 84119 Phone: (801)973-1001 Fax: (801)973-1007 United Association of Plumbers & Pipefitters National Pension Fund 103Oronoco Alexandria VA 22314-2015 Phone: (703) 739-9020 Fax: (703)739-9017 TABLE OF CONTENTS BASIC PRINCIPLES 4 ARTICLE I EFFECTIVE DATES 4 BINDING ARBITRATION 4 TERRITORIAL JURISDICTION 4 STATE ASSOCIATION JURISDICTION/PIPELINE AGREEMENT 5 MODIFICATION/TERMINATION OF AGREEMENT 5 JOINT LABOR MANAGEMENT COMMITTEE 5 GRIEVANCE PROCEDURE 5 NO STRIKE OR LOCKOUT 6 FAVORED NAT ION 6 ARTICLE II UNION RECOGNITION 7 HIRING HALL 7 EXHIBIT A - DISPATCHING RULES 8 GENERAL REQUIREMENTS 9 1-9 IMMIGRATION FORM 11 ARTICLE III MANAGEMENT RIGHTS 11 SUBCONTRACTING 12 MOONLIGHTING 12 WORKING JURISDICTION 13 METAL TRADES 13 RESIDENTIAL PLUMBER 13 STEWARD 14 SAFETY 14 ARTICLE IV HOURS 14 FOUR DAY, TEN HOUR (4-10) WORK WEEK 15 OVERTIME AND HOLIDAYS 15 SHIFTWORK 16 JOBBING, REPAIR, AND HOUSING 16 ZONE PAY 16 WAGES AND FRINGES 17 DAVIS-BACON WORK 18 TARGETING/WORK RECOVERY 18 MANNING SCHEDULE 18 SUPERVISION RATES 19 INDUSTRY IMPROVEMENT FUND/CONTRACT ADMINISTRATION FUND 19 PAYROLL WITHHOLDING 19 FRINGE BENEFITS 19 PAY DAYS AND CONDITIONS 20 TRAVEL PAY 21 PARKING COSTS REIMBURSEMENTS 21 2 ARTICLE V APPRENTICES 21 APPRENTICE SCHEDULE 21 MAXIMUM APPRENTICE RATIOS 22 JOURNEYMAN TRAINING 22 ARTICLE VI FOREMAN RATIO 22 ARTICLE VII WORKING RULES 22 REPORTING TIME 23 COFFEE BREAKS 23 TOOLS 23 CLOTHING 23 INSTALLATION 23 COMPOSITE CREW 24 FREE MOVEMENT OF MEN 24 ARTICLE VIII PENALTY CLAUSE 24 ARTICLE IX SAVINGS CLAUSE 25 DRUG POLICY 25 ALCOHOL AND DRUG TEST POLICY 25 ALCOHOL AND DRUG TESTING PROCEDURES 27 APPENDIX 29 ATTESTATION 32 NATIONAL PENSION FUND AGREEMENT 33 Many competent men and women are employed in the plumbing and pipefitting industry. In this Agreement, however, only the masculine terms are used in reference to men, journeymen, tradesmen, foremen, workmen, etc. This is intended solely to avoid awkwardness in style and in no way reflects sexual bias on the part of Local Unions 19, 57 and 348 in the State of Utah or the Utah Mechanical Contractors Association. 3 THIS IS A WORKING AGREEMENT FOR THE PLUMBING AND PIPEFITTING INDUSTRY OF THE STATE OF UTAH p.1. THIS AGREEMENT is made and entered into as of the 27th day of August 2003 by and between the Union Bargaining Group of the UTAH MECHANICAL CONTRACTORS ASSOCIATION, hereinafter called "Employer," and UNION LOCALS 19, 57, AND 348 OF THE UNITED ASSOCIATION OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA affiliated with the AFL-CIO, hereinafter called "Union." BASIC PRINCIPLES p.2. The Employer and the Local Unions of the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada have a common and sympathetic interest in the Piping Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer and the Public. Progress in the industry demands a mutuality of confidence between the Employer and the Unions. All will benefit by continuous peace and by adjusting any differences by rational common sense methods. p.3. NOW, THEREFORE, in consideration of mutual promises and agreements herein contained, the parties hereto agree as follows: ARTICLE I EFFECTIVE DATES p.4. This Agreement shall take effect August 27, 2003, and shall remain in effect through July 31, 2007, unless changed or terminated in the way provided herein. BINDING ARBITRATION p.5. No later than sixty (60) days prior to July 31, 2007, the respective negotiating committees of the Employer and the Union shall begin meeting for the purpose of discussing the terms of the new working Agreement. In the event the parties to this Agreement are unable to agree on the terms of a new Agreement by the expiration date of this Agreement, they shall submit unresolved issues to the Industrial Relations Council or other bodies mutually agreed upon for final and binding resolution. This binding arbitration provision shall apply to this Agreement only. p.6. It is mutually agreed by the parties hereto that for the purpose of drafting and/or altering this Agreement, that the Union bargaining group of the Utah Mechanical Contractors Association shall be the sole agent representing management in the Plumbing and Heating Industry, and that Local Unions 19, 57, and 348 shall be the sole agents representing employees within their jurisdictions within the State of Utah. TERRITORIAL JURISDICTION p.7. Local Union 19 shall have territorial jurisdiction over all the Salt Lake County in the State of Utah. p.8. Local Union 57 shall have territorial jurisdiction over all the following counties of the State of Utah: Morgan, Daggett, Duchesne, Uintah, Millard, Tooele, Sevier, Sanpete, Juab, San Juan, Carbon, Grand, Emery, Beaver, Piute, Wayne, Iron, Garfield, Washington, Kane, Utah, Wasatch, Summit and the portion of Davis County lying south of the center of State Street in the town of Farmington, and in a straight line across said Davis County. 4 p.9. Local Union 348 shall have territorial jurisdiction over Box Elder, Weber, Rich and Cache Counties and that portion of Davis County lying north of the center of State Street in the town of Farmington and in a straight line across said Davis County, all in the State of Utah. STATE ASSOCIATION JURISDICTION/PIPELINE AGREEMENT p.10. As a result of a meeting held June 17, 1985, between Locals 19, 57, and 348 of the State of Utah and Pipeline Local 798, all of the United Association, the following Memorandum of Agreement was entered into relating to the subject of jurisdiction covering the installation of transportation pipeline work, pump stations, compressor stations, and metering stations in the State of Utah and Uintah, Lincoln, and Sweetwater Counties of Wyoming. P-11. NOW WITNESS THIS AGREEMENT, Local 19, Local 57, and Local 348 have mutually agreed with Local Union 798, Tulsa, Oklahoma, that said Local 798 shall have complete jurisdiction over the installation of transportation pipelines within the entire State of Utah. p. 12. Local Union 798, Tulsa, Oklahoma, mutually agrees that Locals 19, 57, and 348 in the State of Utah shall have complete jurisdiction over pump stations, compressor stations, and metering stations, as defined in the National Pipeline and National Distribution Agreement in the entire State of Utah and Sweetwater, Uintah, and Lincoln Counties in the State of Wyoming. p.13. Local Union 798 agrees that when additional manpower is needed on transportation pipelines within the State of Utah and Uintah, Lincoln and Sweetwater Counties in Wyoming, they will give first call to said Locals of Utah for additional manpower needed. p.14. Locals 19, 57, and 348 in the State of Utah agree that when additional manpower is needed on pump stations, compressor stations, and metering stations, they will give first call to Local 798 for additional manpower needed. p.15. The pipeline distribution in the State of Utah will be assigned to the Utah State Association. MODIFICATION TERMINATION OF AGREEMENT p.16. This Agreement shall be subject to modification or termination at any time by mutual consent of the parties hereto. Either party desiring to modify or terminate must notify the other in writing at least sixty (60) days prior to the date of such modification or termination. Whenever notice is given, the nature of the changes desired must be specified in the notice. p.17. The Local Unions party to the Agreement agree among themselves that for the purpose of changing, altering, or terminating this Agreement, such action shall be taken severally and not separately by said Local Unions. JOINT LABOR MANAGEMENT COMMITTEE p.18. There is hereby created a committee of six men to be known as the Joint Labor Management Committee, three (3) representing the Union and three (3) representing the Employers. The duties of this Committee shall be to decide on grievances or disputes arising out of the interpretation or application of this Agreement. The committee shall also be responsible for administering the Hiring Hall provisions herein described, examining plumbers, steamfitters, and employers. GRIEVANCE PROCEDURE p.19. In the event of any dispute between parties of this Agreement as to the rights and/or obligations under the Agreement, a Representative of the Local in who's jurisdiction the dispute arises and a 5 representative of the Employer shall be immediately notified. Every effort possible shall be made by these individuals to settle the dispute within four (4) calendar days; thereafter the subsequent provisions of the article are invoked. p.20. In the event that a dispute is not settled under the provisions of p19, it shall be referred to the Joint Labor Management Committee, before here under constituted. Said Committee shall meet within five (5) calendar days following receipt of written notices to the Union and to the Association from either of the parties to the dispute. The Committee shall issue a decision within five (5) calendar days following its meeting. A unanimous decision of the Joint Labor Management Committee is final and binding on the parties. p.21. The Union or the Employer may appeal any non-unanimous decision of the Joint labor Management Committee or any grievance the Committee fails to act on within five (5) calendar days, by submitting such grievance to binding arbitration by notifying the other party and affected Employer in writing to that effect. The Union and the Association may mutually agree to the use of the IRC or a permanent arbitrator for such grievance. If the Union and the Association cannot agree upon such impartial arbitrator within (5) calendar days after a grievance has been referred to impartial arbitration, then such impartial arbitrator shall be selected from a list of five (5) arbitrators to be furnished by the Federal mediation and Conciliation Service, State Employment Relations committee, or the American Arbitration Association, and said selection to be effected by the parties alternatively striking names from such list and the person whose name remains on the list after four (4) having been so stricken shall be the impartial arbitrator. Such selection, of the impartial arbitrator shall be effected with five (5) calendar days after receipt of the list from the agreed upon provider of said list. p.22. The decision or award of the impartial arbitrator shall be final and binding upon all parties. The impartial arbitrator shall have no authority to add to subtract from or modify the terms of the Agreement. p.23. Each party to this Agreement shall bear the expense of preparing and presenting its own case. The fees and expense of the arbitration shall be borne equally by the parties hereto. Any stenographic record or transcript shall be paid for by the party or parties ordering the transcript. NO STRIKE OR LOCKOUT p.24. There shall be no stoppage or slowdown of work by strike or lockout on account of jurisdiction. FAVORED NATION p.25. No contractor bound hereunder shall be required to pay higher wages or be subject to less favorabte working conditions that those applicable to other contractors employing persons represented by the Unions performing such similar work in the same jurisdiction. p.26. Should the Union, at any time during the term of this Agreement, negotiate a collective bargaining agreement with an employer performing like or related work, and in the same jurisdictional area as the employer covered by this Agreement, and upon thirty days written notice to the Union, an employer signatory to this Agreement may implement all of the terms of said Agreement in lieu of those contained herein. p.27. However, if a contractor not signatory to this Agreement executes this Agreement during its term, the economic terms and conditions of this Agreement relating to wages and benefits may be modified, at the Union's discretion, relating to those projects reported to the Union that are in progress at the time of the execution of this Agreement. Such modified economic terms will be forwarded to the MCA and may be used by all MCA contractors for those reported projects. All modified economic terms shall terminate upon all new and any unreported work except change orders to existing contracts. 6 ARTICLE II UNION RECOGNITION p.28. The contractors hereby recognize the Union signatory hereto as the sole and exclusive collective bargaining representative of all employees of the contractors performing plumbing, heating, refrigeration, and piping work of every description. HIRING HALL p.29. The contractors subject to this Agreement shall requisition all employees from the local Hiring Hall of the Union having area jurisdiction of the particular craft or skill involved, except as otherwise provided in Article VII, Composite Crew Section, of this Agreement. The union will immediately dispatch such employees as have been requisitioned on a nondiscriminatory basis without respect to race, creed, color, sex or national origin in accordance with the dispatching rules attached hereto as Exhibit A and made a part hereof by reference. However, it is understood and agreed that all such dispatching and operation of the Hiring Hall that may be maintained by the Unions shall be subject to, and shall remain governed by the following conditions: p.30. 1 . Selection of applicants for referral to jobs shall be on a nondiscrimination basis and shall not be based on or in any way affected by union membership, by-laws, regulations, constitutional provisions or any other aspects or obligations or union membership, policies or requirements. p.31. 2. The contractors retain the right to reject any job applicant referred by the Hiring Hall for any lawful reason. p.32. 3. The parties to this Agreement shall post in places where notices to employees and applicants for employment are customarily posted all provisions relating to the functions of the hiring arrangements. p.33. 4. No applicant may register for any person other than himself. All applicants registering on Hiring Hall lists must at the time of registering either show to the Hiring Hall official a termination slip or else must establish that he is unemployed. p.34. 5. No applicant shall register for work availability at more than one Hiring Hall within the State of Utah during any one period of unemployment. The violators of this rule shall be placed at the bottom of the eligible Hiring Hall list and dropped from the ineligible Hiring Hall lists. p.35. 6. Referral of employees from the Hiring Hall list shall be as follows: Employers shall have first unrestricted choice of any eligible employee on the Hiring Hall lists with the second employee coming from the top of the list, the third unrestricted selection by the employer, the fourth from the top of the list, and alternating thus thereafter. Employers shall have a six (6) month re-call on all former employees. p.36. 6. (a) On Industrial work only, the following shall apply to contractors with a permanent office in Utah. Permanent office shall mean an office independent of a job site where such office shall continue from job to job. Employer may call by name the first three (3) men per project, providing the men have been previously employed by the employer during the three (3) years prior to the call back. On all other work, Article II, Hiring Hall Section, Number 6 (p35.), shall prevail. p.37. 7. An employer may re-employ an individual or individuals who have an active unemployment claim against that employer. p.38. 8. Every fifth employee hired shall be an apprentice. p.39. 9. The recruitment, selection, employment, and training of apprentices shall be without discrimination because of race, color, religion, national origin, or sex. The Joint Apprenticeship Training Committee (JATC) shall take affirmative action to provide equal opportunity in apprenticeship and shall 7 operate this apprenticeship program as required under applicable law and lawful regulations issued there under. EXHIBIT A - DISPATCHING RULES p.40. 1 . The contractors have agreed that they will first call the dispatching office for all men, except as they may exercise right to employ personnel as set forth in Article II, Hiring Halt Section, Number 6 (p37.), of the contract. If Union agents are asked to supply men, they shall promptly relay such request to the appropriate dispatch office. p.41. 2. A written introductory slip will be given to each workman dispatched to a job or otherwise entitled thereto under the Agreement. This is not a Union clearance, but rather written evidence in the workman's possession that he has been dispatched in accordance with the applicable labor agreement. p.42. 3. Each dispatching office shall maintain the following separate registration categories, kept current from day to day, and referrals will be made in the following order of preference, and preference in hiring shall be given to qualified workmen who permanently reside in the territorial jurisdiction of the respective Local Unions below: LOCAL UNION 19 p.43. (a) Workmen whose names are entered on the out-of-work list and who have been laid off or terminated in the jurisdiction of Local 19 by a contractor covered by this Agreement, where such contractor desires to re-employ the same person (provided that such workmen are then available for employment), it is understood and agreed that the work covered by this Agreement involves skilled trades and that any particular contractor covered by this Agreement should have, without any restraint whatsoever, the right to employ persons previously employed by them and relied upon by them when such persons are available and desire to be employed, except that hiring preference shall conform to the procedure set forth in Article II, Hiring Hall Section, Number 6 (p35.) and Number 7 (p37.). p.44. (b) Workmen whose names are entered on the out-of-work list and who are eligible registrants of Locals 57 and 348 and who are available for work. p.45. (b-1) Workmen whose names are entered on the out-of-work list and who have been employed by the Mechanical Contractors Association in the State of Idaho and who are available for employment. p.46. (c) All other workmen whose names are entered on the out-of-work list and who are available for employment. The right to be on the list shall, however, be conditioned by the qualification provisions contained in these rules. LOCAL UNION 57 p.47. (a) Workmen whose names are entered on the out-of-work list and who have been laid off or terminated in the jurisdiction of Local 57 by a contractor covered by this Agreement, while such contractor desires to re-employ the same person (provided that such workmen are then available for employment). It is understood and agreed that the work covered by this Agreement involves skilled trades and that any particular contractor covered by the Agreement should have, without any restraint whatsoever, the right to employ persons previously employed by them and relied upon by them when such persons are available and desire to be employed, except that hiring preference shall conform to the procedure set forth in Article II, Hiring Hall Section, Number 6 (p35.) Number 7 (p37.). p .48. (b) Workmen whose names are entered on the out-of-work list and who are eligible registrants of Locals 19 and 348 and who are available for work. p. 49. (b-1) Workmen whose names are entered on the out-of-work list and who have been employed by the Mechanical Contractors Association in the State of Idaho and who are available for employment. 8