Few issues in the construction industry stir as much emotion and rhetoric as the PLA. Generally, the Union sector favors them and the non-union sector is spending a lot of time and money trying to eliminate them. As a result a great deal of inaccurate information is thrown around as if it were gospel. What follows is an attempt to clear the air in a manner that Sgt. Joe Friday would understand. At the end is the text of a generic PLA that anyone who wishes may read for themselves.
Project Labor Agreements are simply pre-hire agreements between Management and Labor. They have been in use nationwide, in public and private construction, since early in the last century. Early examples include the Grand Coulee Dam and many other flood control and hydroelectric projects of the 1930s.
Project Labor Agreements DO/DO NOT drive up the cost of projects. All rhetoric aside, there is little accurate, verifiable data to show a absolute trend one way or the other. While Union workers undeniably make higher wages and fringe benefits they are, as a group, more well trained with higher skill levels. This results in a more efficient, safer workplace. Also, direct labor costs average around twenty per cent of a jobs' cost, which means it would take a large disparity in wages to have any meaningful impact on the overall cost of any project.
Project Labor Agreements DO NOT eliminate or exclude non-union contractors from bidding or being awarded work on affected projects. In Maine and nationally non-union firms are among the successful bidders on many PLAs.
Project Labor Agreements enjoy bi-partisan support. Republican Governors including (former Governor) Christie Todd Whitman of New Jersey and George Pataki of New York have supported PLAs. Recently 30 House Republicans sent a letter to President Bush urging him to reconsider his ban on PLAs. They wrote "Project Labor Agreements have been used successfully since the 1930's to control costs, guarantee a steady stream of skilled labor and prevent work disruptions on huge public projects." The House members added that these agreements were not "union only" and they did not inflate costs because wages on federally funded projects are already set by the Davis-Bacon Act, the national prevailing wage law.
Project Labor Agreements have been used successfully in Maine many times. Projects such as Maine Yankee, the Portland Pipeline and Maritimes/Northeast Pipeline, Gas-fired Plants in Rumford and Jay, and the Bath Iron Works Land Level Transfer Facility Project have benefited from PLAs. The Bath PLA had another added benefit, Maine workers were given a preference for the jobs. Negotiated into the PLA, this preference resulted in over 90% of the total craft-hours worked by Maine residents.
To access a comprehensive study of PLAs done by the non-partisan California Research Bureau, an arm of the California State Library click this link: Constructing California: A Review of Project Labor Agreements The file is in ADOBE Acrobat Reader available at Adobe
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Article I |
Purpose |
| Article II | Scope of Agreement |
| Article III | Union Recognition |
| Article IV | Management’s Rights |
| Article V | Referral of Employees |
| Article VI | Apprentices/Trainees/Helpers/Sub-Journeymen |
| Article VII | Wages and Benefits |
| Article VIII | Work Rules |
| Article IX | Work Stoppages and Lockouts |
| Article X | Disputes and Grievances |
| Article XI | Jurisdictional Disputes |
| Article XII | Union Security |
| Article XIII | Union Representation |
| Article XIV | Hours of Work, etc. |
| Article XV | Sub-Contracting |
| Article XVI | Safety and Health |
| Article XVII | General Savings Clause |
| Article XVIII | Labor/Management Meeting |
| Article XIX | Terms of Agreement |
This Agreement is entered into this ______________day of _______, 20___, by and between _______________, and on behalf of its subcontractors and sub-tier subcontractors and the signatory local and International Unions, acting on their own behalf and on behalf of their respective affiliates and members whose names are subscribed hereto and who have, through their duly authorized officers, executed this Agreement, hereinafter collectively called the “Union or Unions,” with respect to the construction of __________________________, at ________________, hereinafter referred to as the “Project.”
The term “Contractor” shall include all construction contractors and Sub-contractors of whatever tier engaged in onsite construction work within the scope of this Agreement, including the Project Contractor when it performs construction work within the scope of this Agreement. Where specific reference to ____________________________ alone is intended, the term” Project Contractor” is used.
The Unions, the Project Contractor, and all Signatory Contractors agree to abide by the terms and conditions contained in this Agreement.
The Parties to this Project Labor Agreement acknowledge that the construction of the____________________________ at ______________, is important to the development of _________________________. The Parties recognize the need for the timely completion of the Project without interruption or delay. This Agreement is intended to enhance this cooperative effort through the establishment of a framework for labor-management cooperation and stability.
The Contractor(s) and the Unions agree that the timely construction of this Project will require substantial numbers of employees from construction and supporting crafts possessing skills and qualifications that are vital to its completion. They will work together to furnish skilled, efficient craft workers for the construction of the Project.
Further, the Parties desire to mutually establish and stabilize wages, hours and working conditions for the craft workers on this construction project, to encourage close cooperation between the Contractor(s) and the Unions to the end that a satisfactory, continuous, and harmonious relationship will exist between the parties to this Agreement.
Therefore, in recognition of the special needs of this Project and to maintain a spirit of harmony, labor-management peace, and stability during the term of this Agreement, the parties agree to establish effective and binding methods for settlement of all misunderstandings, disputes, or grievances, which may arise. Further, the Contractor(s) and all contractors of whatever tier, agree not engage in any lockout, and the Unions agree not to engage in any strike, slow-down, or interruption or other disruption of or interference with the work covered by this Agreement.
SECTION 1. This Project Agreement shall apply and is limited to the recognized and accepted historical definition of new construction work under the direction of and performed by the Contractor(s), of whatever tier, which may include the Project Contractor, who has contracts awarded for such work on the Project. Such work shall include site preparation and dedicated off-site work.
The Project is located at _____________, and is referred to as the _________________. The project consists of ___________________________________________________________.
It is agreed that the Project Contractor shall require all Contractors of whatever tier, who have been awarded contracts for work covered by this Agreement, to accept and be bound by the terms and conditions of this Project Agreement by executing the Letter of Assent (Attachment A) prior to commencing work. The Project Contractor shall assure compliance with this Agreement by the Contractors. It is further agreed that the terms and conditions of this Project Agreement shall supersede and override terms and conditions of any and all of the national, area, or local collective bargaining agreements. It is understood that this is a self-contained, stand alone Agreement and that by virtue of having become bound to this Project Agreement, neither the Project Contractor nor the Contractors will be obligated to sign any other local, area, or national agreement.
SECTION 2. Nothing contained herein shall be construed to prohibit, restrict or interfere with the performance of any other operation, work, or function which may occur at the Project site or be associated with the development of the Project.
SECTION 3. This Agreement shall only be binding on signatory parties hereto and shall not apply to their parents, affiliates or subsidiaries.
SECTION 4. The Project Contractor has the absolute right to select any qualified bidder for the award of contracts on this Project without reference to the existence or non-existence of any agreements between such bidder and any party to this Agreement provided, however, only that such bidder is willing, ready and able to become a party to and comply with this Project Agreement, should it be designated the successful bidder.
SECTION 5. Items specifically excluded from the scope of this Agreement include but are not limited to the following:
Work of non-craft and non-manual employees, including but not limited to, all management including but not limited to superintendents, supervisors, professional engineers, inspectors, quality control personnel, quality assurance personnel, vender representatives, personnel providing training, start-up and check-up personnel, timekeepers, mail carriers, clerks, office workers including messengers, guards, emergency medical and first aid technicians, and other personnel, professional engineering, administrative, supervisory and management employees as defined by the National Labor Relations Act, as amended.
SECTION 6. The provisions of this Project Agreement shall not apply to the Owner, and nothing contained herein shall be construed to prohibit or restrict the Owner or others under contract with the Owner from performing work not covered by this Agreement on the Project site. As areas and systems of the Project are inspected and construction tested by the Project Contractor and accepted by the Owner, the Project Agreement will not have further force or effect on such items or areas, except when the Project Contractor is directed by the Owner to engage in repairs, modifications, check-out and warranty functions required by its contract with the Owner during the term of this Agreement.
SECTION 7. It is understood that the Owner, at its sole option, may terminate, delay, and/or suspend any or all portions of the Project at any time.
SECTION 8. It is understood that the liability of any employer and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employer status between or among the Owner, Contractors or any employer.
SECTION 1. The contractors recognize the Unions as the sole and exclusive bargaining representatives of all craft employees within their respective jurisdictions working on the Project within the scope of this Agreement.
The Project Contractor and Contractors of whatever tier retain full and exclusive authority for the management of their operations. Except as otherwise limited by the terms of this Agreement, the Contractors shall direct their working forces at their prerogative, including, but not limited to hiring, promotion, transfer, lay-off, or discharge for just cause. No rules, customs, or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees. The Contractors shall utilize the most efficient method or techniques of construction, tools, or other labor saving devices. There shall be no limitations upon the choice of materials or design, nor shall there by any limit on production of workers or restrictions on the full use of tools or equipment. There shall be no restriction, other than may be required by safety regulations, on the number of employees assigned to any crew or to any service.
SECTION 1. The Contractors agree to recognize and be bound by the legal referral facilities maintained by the Union(s) and shall notify the appropriate Union either in writing or by telephone when workers are required.
SECTION 2. Selection of applicants for referral to jobs shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, union membership, by-laws, rules, regulations, constitutional provisions, or any other aspect or obligation of union membership, policies or requirements. There shall be no discrimination against any employee or applicant for employment because of his or her membership or non-membership in the union or based upon race, creed, color, sex, age or national origin of such employee or applicant.
SECTION 3. In the event the referral facilities maintained by the Unions are unable to fill the requisition of the Contractors for employees within a forty-eight (48) hour period after such requisition is made, (Saturdays, Sundays, and Holidays excluded) applicants for such requisition may be employed from any source.
SECTION 4. The selection and number of Foremen and/or General Foremen shall be the responsibility of the Contractor, it being understood that in the selection of such employees the Contractor will give first consideration to the qualified workers available in the local area. Foremen and/or General Foremen shall take orders from supervisors designated by the Contractor. Foremen and/or General Foremen will not absent themselves from the area where their crews are working unless their presence is required elsewhere, and shall be held responsible for all work performed by employees under their supervision. The Contractor may require Foremen to be working employees.
SECTION 5. In cases of employment positions requiring special skills or qualifications, the Contractor may notify the Union of the qualification tests or skills sole judge of all applicants’ qualifications.
SECTION 6. The Union shall not refer employees employed at the Project site by a Contractor to other employment, nor shall the Union engage in other activities, which encourage work force turnover or absenteeism.
SECTION 7. Employees who voluntarily quit or who are terminated for cause may be eligible for re-employment at the Project, and the referral facility may refer such former employees to the Project for re-hire, but not sooner than 60 days after such termination.
SECTION 8. An employee or applicant required to satisfactorily demonstrate his or her ability to perform certain tasks through an examination or test (e.g. welding tests), shall be paid for that time to take the exam or test.
SECTION 9. In the event that a signatory Local Union does not have a job referral system as set forth in this Article, the Contractor shall give the Union equal opportunity to refer applicants. The Contractor shall notify the Union of employees hired from any source other than referred by the Union.
SECTION 1. Recognizing the need to maintain continuing support of programs designed to develop adequate numbers of competent workers in the construction industry, the Contractor will employ apprentices in the respective crafts to perform such work as is within their capabilities and which is customarily performed by the crafts in which they are indentured.
SECTION 2. A Contractor may employ pre-apprentices, trainees/helpers and or sub-journeymen for Unions recognizing such classifications to perform such work, which is customarily performed by their craft. The pre-apprentices, trainee/helper, and or sub-journeymen will not be a currently registered apprentice. The rate of pay shall be established for the project as outlined in Appendix A. It is understood by all parties that, however, those Unions who have not recognized such classifications shall agree to furnish the Contractor a sufficient number of apprentices to allow the Contractor to be competitive for the project. The ratio of apprentices for this Project shall be the ratios that exist in the current local collective bargaining agreement.
SECTION 1. The wage rate and fringe benefit contributions applicable to this Project shall be those in effect for comparable work in the respective Unions’ local collective bargaining agreement with the historically recognized local employer bargaining group. The Project Contractor will consult with the respective local unions as to the actual wage rates and fringe benefit contributions in effect in the referenced local agreements and will prepare and publish an Appendix “A” setting forth those wage rates. It is agreed that the employee wages and benefit contributions will be made in accordance with Appendix “A”.
SECTION 2. It is agreed that the Contractor will accept and adopt any subsequent wage rate and fringe benefit contribution increases or decreases negotiated between the appropriate employer bargaining group and the signatory local union as provided for in the local collective bargaining agreement. In the event new wage agreements are not successfully negotiated prior to the expiration of this Agreement, the Union agrees that they will not under any circumstances strike, or in any manner interrupt or impede the progress of the work and there shall be no lockout by the Contractors. The Contractor will continue to pay the wages and fringe benefit contributions in effect prior to the contract expiration until the wage rates and/or fringe benefit contributions are negotiated, at which time these wages and benefits will be implemented retroactively.
SECTION 3. The Contractor and the Union agree that wage premiums, such as hazard pay, high or low work, grease time or oil checking time, radiation area, wearing of dosimeter, protective clothing or gloves, respirator and similar premiums impose unreasonable costs on construction that are contrary to the best interest of the industry, and shall not be paid on the Project.
SECTION 4. The Contractor and the Unions agree that only bona fide employee benefits as accrue to the direct benefit of the employee (such as pension, health and welfare, annuities, vacation, apprenticeship and training funds) shall be included in Appendix “A” and paid by the Contractor on the Project. Industrial promotion, advancement or administrative funds, which do not accrue to the direct benefit of employees, are not considered benefits for the Contractor on the Project.
SECTION 5. The Contractor adopts and agrees to be bound by the written terms of legally established trust agreements specifying the detailed basis on which contribution payments are to be made into, and benefits paid out of, such trust funds. The Contractor authorizes the parties to such trust agreements to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. Nothing contained in this Section is intended to require the Contractor to become party to, nor be bound by a local collective bargaining agreement, nor is the Contractor required to become a member of any employer group or association as a condition for making such contributions.
SECTION 6. Wages will be paid on a weekly basis, no later than Friday, within three (3) working days of the end of the pay period. Employees will be paid by check before quitting time for all work performed during the prior pay period. Any employee desiring to leave the job before the end of the workday agrees to wait until the next workday to receive his/her pay. If an employee voluntarily quits his/her employment, all wages due shall be postmarked and mailed to the employee 72 hours or by the next regular pay day, whichever comes later. When the Contractor terminates an employee, all wages due shall be paid immediately.
SECTION 7. Upon presentation of a signed authorized card, which shall be obtained and furnished by the Union, the Contractor shall withhold working dues to affiliated organizations and submit same to the local union office having jurisdiction no later than fifteen (15) days after the end of the month which the dues accrued. Also, upon presentation of a valid authorization form executed by the individual employee(s), the Contractor agrees to deduct and remit to the Maine State Building and Construction Trades Council the amount of the Maine State Building and Construction Trades Council’s working dues on an hourly basis for such employee(s), which amounts shall be remitted to the Council on a monthly basis. The Union holds the Contractor harmless and agrees to defend the Contractor fully in any litigation resulting from this activity, which is deemed and recognized to be a service to the Union by the Contractor.
SECTION 8. Subsistence, travel allowance, mileage or pay for travel time shall not apply on the Project. Living allowance will not be paid.
SECTION 9. No compensation will be paid for time while traveling on the bus. Bus travel time will be before and after the eight-hour workday. Employees missing the bus or reporting late must notify their Contractor and they will be picked up at the designated parking lot whenever transportation is available and paid commencing when they arrive at their work area. The Contractor will schedule busses before and after shifts so as to reasonably accommodate the desire of employees not to waste unpaid time.
SECTION 10. No compensation will allowed for time off for elections, birthdays, death or sickness in the family.
SECTION 11. Upon written notice from the Union to __________________ that a sub-contractor is in arrears on fringe benefit payments for work performed on this Project, ______________ will direct the subcontractor to comply with its contractual obligations. If correct payments are not made within thirty, (30) days, __________ will withhold the owed monies from its payments to the subcontractor.
SECTION 1. The Contractor shall be the sole judge of the employee’s capability to perform the work in a workmanlike and safe manner. The Project Contractor shall establish reasonable Project Work Rules and Safety Rules. These rules will be reviewed at the pre-job conference and posted at the project site by the Project Contractor and may be amended thereafter as necessary. Any violation of the Project Work Rules and/or Safety Rules shall be grounds for disciplinary action up to and including termination subject to ARTICLE X (Disputes and Grievances).
SECTION 2. Workers shall be at their place of work at the designated starting time at the beginning of each shift and shall remain at their place of work performing their assigned functions under the supervision of the Contractor until the designated quitting time. The parties reaffirm their policy of a fair day’s work for a fair day’s pay.
SECTION 3. It is agreed that overtime is not in the best interest of the industry or craftsmen and every effort will made to keep overtime to minimum; however, if overtime is necessary, it will be worked at the direction and discretion of the Contractor.
SECTION 4. All equipment assigned to the Project shall be under the control of the Contractor. The Contractor shall have the right to determine how many pieces of equipment an individual shall operate provided that no individual shall operate more than two pieces of major equipment in a given day (i.e. A-B-A).
SECTION 5. In accordance with recognized craft jurisdiction, the Contractor shall determine the assignment of the employees to start, stop and maintain all small portable construction equipment, but such employees will be utilized on other work of his or her craft’s jurisdiction as assigned during the work day. There shall be no over-manning of equipment.
SECTION 6. There shall be no designated or organized coffee break or rest period taken during working hours. This does not preclude the employee from pausing at his or her place of work for coffee or cold drink provided the employee takes a thermos bottle to the work place and does not interfere with the progress of the work.
SECTION 7. Contractors will bus employees from the designated parking lot to the Project site. Employees will abide by the rules established regarding the parking lot and bus transportation, which will include designated departure time from the parking lot. The Contractor shall arrange bus schedules both at the commencement and termination of shifts so as to be reasonably convenient and considerate of all employees. Any employee kept waiting for bus transportation for ten (10) or more minutes either entering or exiting the Project site shall be entitled to an additional thirty, (30) minutes pay and benefits at the appropriate rate. Contractor will provide transportation to parking lot for weather and emergency related issues.
SECTION 1. During the term of this Agreement there shall be no strikes, picketing, work stoppages, slow downs or other disruptive activity for any reason by the Union, its Local Union or by any employee, and there shall be no lockout by the Contractor. Failure of any Union, Local Union or employee to cross any picket line established at the Project site is a violation of this Article.
SECTION 2. The Union and its applicable Local Union shall not sanction, aid or abet, encourage or continue any work stoppage, strike, picketing or other disruptive activity at the Contractor’s project site and shall undertake all reasonable means to prevent or to terminate any such activity. No employee shall engage in activities which interfere with the normal operation of the Project shall be subject to disciplinary action, including discharge, and if justifiably discharged for the above reasons, shall not be eligible for rehire on the Project for a period of not less than ninety (90) days.
SECTION 3. Neither the Union nor its applicable Local Union shall be liable for acts of employees for whom it has no responsibility. The International Union General President or Presidents will immediately instruct, order and use the best efforts of his office to cause the Local Union or Unions to cease any violations of this Article. An International Union complying with this obligation shall not be liable for unauthorized acts of its Local Union. The principal officer or officers of a Local Union will immediately instruct, order and use the best efforts of his office to cause the employees the Local Union represents to cease any violations of the Article. A Local Union complying with this obligation shall not be liable for unauthorized acts of employees it represents. The failure of the Contractor to exercise its right in any instances shall not be deemed a waiver of its right in any other instance.
SECTION 4. In the event of any work stoppage, strike, picketing or other disruptive activity in violation of this Article, the Contractor may suspend all or any portion of the Project work affected by such activity at the Contractor’s discretion and without penalty.
SECTION 5. There shall be no strikes, picketing, work stoppages, slowdowns or other disruptive activity affecting the Project site during the term of this Agreement. Any Union or Local Union which initiates or participates in a work stoppage in violation of this Article, or which recognizes or supports the work stoppage of another Union or Local Union, which is in violation of this Article, agrees as a remedy for said violation, to pay liquidation damages in accordance with Section 6.
SECTION 6. In lieu of, or in addition to, any other action at law or equity, any party may institute the following procedure when a breach of this Article or Article XII is alleged, after the Union(s) and/or Local Union(s) has been notified of the fact.
1. The party invoking this procedure shall notify ________________________, who the parties agree shall be the permanent Arbitrator under this procedure. In the event that the permanent Arbitrator is unavailable at any time, he shall appoint his alternate. Notice to the Arbitrator shall be by the most expeditious means available, with notice by facsimile, telegram or any other effective means, to the party alleged to be in violation and the involved International Union President and/or Local Union.
2. Upon receipt of said notice, the Arbitrator named above shall set and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists.
3. The Arbitrator shall notify the parties by facsimile, telegram or any other effective written means, of the place and time he has chosen for this hearing. Said hearing shall be completed in one session. A failure of any party or parties to attend said hearing shall not delay the hearing of evidence or issuance of an Award by the Arbitrator.
4. The sole issue at the hearing shall be whether or not a violation of this Article or Article XIII has in fact occurred. The Award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any party desires an opinion, one shall be issued within fifteen (15) days, at its issuance shall not delay compliance with, or enforcement of, the Award. The Arbitrator may order cessation of the violation of this Article, and such Award shall be served on all parties by hand or registered mail upon issuance.
5. Any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to hereinafter, in the following manner may enforce such Award. Facsimile or expedited mail or personal service of the filing of such enforcement proceedings shall be given to the other party. In the proceeding to obtain a temporary order enforcing the Arbitrator’s Award as issued under Section 6 of this Article, all parties waive the right to a hearing and agree that such proceedings may be ex-parte. Such agreement does not waive any party’s right to participate in a hearing for a final order of enforcement. The Court’s order or orders enforcing the Arbitrator’s Award shall be served on all parties by hand or by delivery to other last known address or by registered mail.
6. Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance therewith, are hereby waived by parties to whom they accrue.
7. The fees and expenses of the Arbitrator shall be borne by the party or parties found in violation, or in the event no violation is found, such fees and expenses shall be by the moving party.
8. If the Arbitrator determines that a work stoppage has occurred in accordance with Section 6(d) above, the Union(s) and its applicable Local Union shall, within eight (8) hours of receipt of the Award, direct all of the employees they represent on the Project to immediately return to work. If the trade involved does not return to work by the beginning of the next regularly scheduled shift following receipt of the Arbitrator’s Award, and the Union(s) and/or its applicable Local Union have not complied with Section 3 of this Article, then the Union and/or Local Union shall pay the sum of ten thousand dollars ($10,000.00) as liquidated damages to the affected owner, and shall pay an additional ten thousand dollars ($10,000.00) per shift for each shift thereafter on which the trade has not returned to work. The Arbitrator shall retain jurisdiction to determine compliance with this section and Section 3 of this Article.
SECTION 7. The procedures contained in Sections 6 through 6(8) shall be applicable to alleged violations of this Article and Article XI, (Section 3). Disputes alleging violation of any other provision of this Agreement, including any underlying disputes alleged to be in justification, explanation or mitigation of any violation of this Article, shall be resolved under the grievance adjudication procedures of Article X.
SECTION 1. This Agreement is intended to provide close cooperation between management and labor. Each of the Unions will assign a representative to this Project for the purpose of completing the construction of the Project economically, efficiently, continuously, and without interruptions, delays, or work stoppage.
SECTION 2. The Contractors, Unions, and the employees, collectively and individually, realize the importance to all parties to maintain continuous and uninterrupted performance of the work on the Project, and agree to resolve disputes in accordance with the grievance-arbitration provisions set forth in this Article.
SECTION 3. Any question or dispute arising out of and during the term of this Project Agreement (other than trade jurisdictional disputes) shall be considered a grievance and subject to resolution under the following procedures:
Step 1. (a) When any employee subject to the provisions of this Agreement feels he or she is aggrieved by a violation of this Agreement, he or she, through his or her local union business representative or job steward, shall, within five (5) working days after the occurrence of the violation, give notice to the work-site representative of the involved Contractor stating the provision(s) alleged to have been violated. The business representative of the local union or the job steward and the work-site representative of the Contractor and the Project Contractor shall meet and endeavor to adjust the matter within three (3) working days after timely notice has been given. The representative of the Contractor shall keep the meeting minutes and shall respond to the Union representative in writing (copying the Project Contractor) at the conclusion of the meeting but not later than twenty-four (24) hours thereafter. If they fail to resolve the matter within the prescribed period, the grieving party may, within forty-eight (48) hours thereafter, pursue Step 2 of the Grievance Procedure, provided the grievance is reduce to writing, setting forth the relevant information concerning the alleged grievance, including a short description thereof, the date on which the grievance occurred, and the provision (s) of the Agreement alleged to have been violated.
(b) Should the Local Union(s) or the Project Contractor or any Contractor have a dispute with the other party and, if after conferring, a settlement is not reached within three (3) working days, the dispute may be reduced to writing and proceed to Step 2 in the same manner as outlined herein for the adjustment of an employee complaint.
Step 2. The International Union Representative and the involved Contractor shall meet within seven (7) working days of the referral of a dispute to this second step to arrive at a satisfactory settlement thereof. The Contractor shall keep meeting minutes. If the parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days thereafter.
Step 3. (a) If the grievance has been submitted but not adjusted under Step 2, either party may request in writing, within seven (7) calendar days thereafter, that the grievance be submitted to an Arbitrator mutually agreed upon by them. The Contractor and the involved Union shall attempt mutually to select an arbitrator, but if they are unable to do so, they shall request the American Arbitration Association to provide them with a list of arbitrators from which the Arbitrator shall be selected. The rules of the American Arbitration Association shall govern the conduct of the arbitration hearing. The decision of the Arbitrator shall be final and binding on all parties. The fee and expenses of such Arbitration shall be borne equally by the Contractor and the involved Local Union(s).
(b) Failure of the grieving party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by written consent of the parties involved at the particular step where the extension is agreed on. The Arbitrator shall have the authority to make decisions only on issues presented to him or her, and he or she shall not have authority to change, amend, add to, or detract from any of the provisions of this Agreement.
SECTION 4. The Project Contractor and Owner shall be notified of all action at Steps 2 and 3 and shall, upon their request, be permitted to participate in all proceeding at these steps.
SECTION 1. The assignment of work will be solely the responsibility of the Contractor performing the work involved. Such work assignments will be in accordance with the Plan for Settlement of Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.
SECTION 2. All jurisdictional disputes between or among Building and Construction Trades Unions and employees, parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Contractors and Unions parties to this Agreement.
SECTION 3. All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Contractor’s assignment shall be adhered to until the dispute is resolved. Individuals violating this Section shall be subject to immediate discharge.
SECTION 4. Each Contractor shall conduct a pre-job conference with the Maine State Building and Construction Trades Council ten (10) days prior to commencing work. The Project Contractor and the Owner will be advised in advance of all such conferences and may participate if they wish.
SECTION 1. All employees covered by this Agreement now in the employ of the Contractors shall remain in the Union during the term of this Agreement, and all workers hereinafter employed by the Contractors shall become members of the Union seven (7) days after the date of their employment and shall remain members of the Union during the term of this Agreement. (The clause shall be applied to the extent permitted by law.)
SECTION 2. A Contractor shall not discharge any employee for non-membership in the Union:
(a) If he has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or;
(b) If he has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fee uniformly required as a condition of acquiring or retaining membership.
SECTION 1. Authorized representatives of the Union and their Local Unions shall have access to the Project, provided they do not interfere with the work of the employees and, further provided, that such representatives fully comply with the visitor and security rules established for the Project.
SECTION 2. Each Union, which is a party to this Agreement, or its applicable Local Union, shall have the right to designate a working journeyman as a Steward. Such designated Steward shall be a qualified worker performing the work of that craft and shall not exercise any supervisory functions. Each Steward shall be concerned with the employees of his or her own employer and not with the employees of any other employer. Stewards shall not be subject to layoff if qualified to perform the work available for the craft.
SECTION 3. Where the Owner’s personnel may be working on the Project in close proximity to the construction activities, the Unions agree that Union representatives, stewards, and individual workmen will not interfere in any manner with the Owner’s personnel or with the work which is being performed by the Owner’s personnel.
SECTION 1. The Standard workday shall consist of eight (8) hours of work, between 7:00 a.m. and 5:00 p.m., exclusive of a thirty, (30) minute unpaid lunch period. Forty, (40) hours per week shall constitute a week’s work, Monday through Friday inclusive. The Contractor shall designate the starting and quitting times for all employees. Any starting time put in effect on Monday shall remain in effect for the workweek unless a change is mutually agreed upon. Nothing herein shall be construed as guaranteeing any employee eight (8) hours per day or forty (40) hours per week, except for Operating Engineers, and all General Foremen and Foremen.
SECTION 2. The Contractor may establish a four (4) day, ten (10) hour shift, exclusive of a thirty, (30) minute unpaid lunch period, at the straight time wage rate. The starting time shall be between 6:00 a.m. and 8:00 a.m. Forty, (40) hours per week shall constitute a week’s work, Monday through Thursday. The straight time wage rate is not to exceed ten (10) hours a day or forty, (40) hours per week. The Contractor will notify the Union at least three (3) working days before the commencement of a four (4) ten (10) hour shift.
SECTION 3. All time worked before and after the established workday of eight (8) hours, Monday through Friday, and all time on Saturday shall be paid at the rate of time and one-half. All time worked on Sundays and Holidays shall be paid at the overtime rate stated in the appropriate local agreement, but not to exceed double the straight time rate of pay.
SECTION 4. When an employee, or applicant for employment referred by the Union reports for work at the time designated by the Contractor, and is not put to work due to inclement weather, the employee shall be paid two (2) hours pay. The employee may be required to remain at the Project for two (2) hours if so desired by the Contractor. Any employee who starts work and works beyond two (2) hours will be paid for actual time worked.
SECTION 5. Shifts may be established when considered necessary by the Contractor.
SECTION 6. Shift hours and rates will be as follows:
(a) First Shift; Eight (8) hours pay for eight (8) worked plus one-half (½) hour unpaid lunch period.
(b) Second Shift; Eight (8) hours pay for seven and one-half (7-1/2) hours worked plus one-half (½) hour unpaid lunch period.
(c) Third Shift; Eight (8) hours pay for seven hours worked plus one-half (½) hour unpaid lunch period.
(d) Additionally, a shift premium for five (5%) percent of base pay shall be paid for the second shift, and a shift premium of ten (10%) percent shall be paid for the third shift.
(e) Shift work shall be established and continue for a minimum of three (3) consecutive workdays.
(f) If only two shifts are to be worked, the Contractor may regulate starting times of the two shift operations to permit the maximum utilization of daylight hours.
(g) The Contractor may establish two (2) four (4) ten (10) hour shifts at the straight time wage rate Monday through Thursday. These shifts are exclusive of a thirty, (30) minute unpaid lunch period. The day shift shall work four (4) days at ten (10) hours for ten (10) hours pay per day. The second shift shall work four (4) days at nine and one-half (9-1/2) hours for ten (10) hours pay plus 5% shift differential.
SECTION 7. The following holidays shall be recognized (and paid for if worked 2 times hourly rate). Holidays falling on Saturday will be observed on Friday and Sunday holidays on Monday.
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New Years Day |
Washington’s Birthday |
Memorial Day |
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Independence Day |
Labor Day |
Columbus Day |
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Veterans Day |
Thanksgiving Day |
Day after Thanksgiving |
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Christmas Day |
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SECTION 8. It will not be a violation of this Agreement when the Project Contractor considers it necessary to shut down to avoid the 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 Project Contractor requests employees to remain available for work, the employees will be compensated for such time.
The Project Contractor agrees that neither it nor any of its contractors or subcontractors will subcontract any work to be done on the Project except to a person, firm or corporation who is or agrees to become party to this Agreement. Any contractor or subcontractor working on the Project shall, as a condition working on said Project, become signatory to and perform all work under the terms of this Agreement.
SECTION 1. Employees must use diligent care to perform their work in a safe manner and to protect themselves and the property of their employer. Failure to do so may result in immediate dismissal.
SECTION 2. In order to protect the safety and health of employees, all parties agree to comply with the applicable provisions of state and federal laws and regulations relating to job safety, health and safe work practices, as well as those specific Project safety rules published by the Project Contractor.
SECTION 3. The parties understand that the Owner, Project Contractor and Building Trades Council have a strong interest and commitment in ensuring a safe and productive, drug and alcohol-free workplace, and support the Fitness-for-Duty policies and procedures, including health screening and the drug and alcohol testing program established by the Project Contractor, and as approved by the Maine State Department of Labor, Bureau of Labor Standards in accordance with the 1977 Substance Abuse Testing Law.
SECTION 4. It shall be the exclusive responsibility of each Contractor to assure safe working conditions for its employees and compliance by them with any safety rules contained herein or established by the Contractor. Nothing in this Agreement will make the Union or any of its Local Unions liable to any employees or to other persons in the event that injury or accident occurs.
SECTION 5. The Project Contractor shall provide adequate supply of drinking water, heated sanitary (trailer type) toilet facilities equipped with hot and cold running water.
If any Article or provision of this Agreement shall be declared invalid, inoperative or unenforceable by any competent authority of the executive, legislative, judicial or administrative branch of the Federal or any State government, the Project Contractor and the Union shall suspend the operation of such Article or provision during the period of its invalidity and shall substitute by mutual consent, in its place and stead, an Article or provision which will meet the objections to its validity and which will be in accord with the intent and purpose of the Article or provision in question. Any final determination that any provision of this Agreement violates any law or is otherwise not binding and enforceable shall have no effect on the validity of the remaining provisions of this Agreement.
A joint labor/management meeting between ______________________ and the Maine State Building & Construction Trades Council, AFL-CIO, will be held quarterly, for the purpose of clarifying the intent and/or application of this Agreement and to keep all parties fully appraised of project progress, safety, schedule, contracts awarded and to generally promote labor/management harmony. A special meeting of the parties may be called at any time whenever an issue of significant importance arises.
This Agreement shall be effective as of the _______ day of __________, 20_____, and shall remain in full force and effect during the entire period of the Project construction described in Article II, Section 1, at which time this Project Labor Agreement shall automatically terminate.
This Agreement may be amended or supplemented only by the mutual consent of the parties hereto, reduced to writing and duly signed by each.
In witness whereof, the parties have executed this Agreement, this ________day of _______, 20_____.
Pursuant to Article II, Scope of Agreement, Section 1, and Article XV, Subcontracting, of this Project Labor Agreement, the undersigned Contractor hereby agrees to comply with and be bound by all terms and conditions of the Project Labor Agreement.
This "Letter of Assent" will remain in effect for the duration of the Project, after which this understanding will automatically terminate.