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1999-2004 BUILDING LABORERS' AGREEMENT
THIS AGREEMENT made and entered into this 1st day of June, 1999, by and between the ALLIED CONSTRUCTION EMPLOYERS ASSOCIATION, INC. of Waukesha County, THE ASSOCIATED GENERAL CONTRACTORS OF GREATER MILWAUKEE, INC. of Milwaukee County, hereinafter referred to as the "Associations," and the WISCONSIN LABORERS' DISTRICT COUNCIL and its affiliated Local Unions 113 and 392 of the LABORERS' INTERNATIONAL UNION OF NORTH AMERICA of the Counties of Milwaukee, Waukesha, Washington and Ozaukee, State of Wisconsin, hereinafter referred to as the "Union." WITNESSETH That the parties hereto, for and in consideration of the mutual promises and obligations hereinafter imposed, and mutual benefits derived, agree to and with each other as follows: ARTICLE I GEOGRAPHICAL JURISDICTION & DEFINITION OF GENERAL LABORER Section 1.1. This contract shall cover all general labor working on construction projects in Milwaukee, Waukesha, Washington and Ozaukee Counties. It shall cover all laborers working on the job site or in a contractor's yard when such yard work involves only supplies and materials which are to be incorporated directly into a construction project. Section 1.2. Laborers Jurisdictional Work. The following work jurisdiction is claimed by the "Union". Tenders: Tending masons, plasterers, carpenters and other building and construction crafts. Tending shall consist of preparation of materials and the handling and conveying of materials to be used by mechanics of other crafts, whether such preparation is by hand or any other process. After the material has been prepared, tending shall include the supplying and conveying of said material and other materials to such mechanic, whether by bucket, hod, wheelbarrow, buggy, trucks, skid loaders or other motorized units used for such purpose including fork lifts. Unloading, handling and distributing of all materials, fixtures, furnishings and appliances from point of delivery to stockpiles and from stockpiles to approximate point of installation. Drying of plaster, concrete, mortar or other aggregate, when done by salamander heat or any other drying process. Cleaning and clearing of all debris, including wire brushing of windows, scraping of floors, removal of surplus material from all fixtures within confines of structure and cleaning of all debris in budding construction area The general cleanup, including sweeping, cleaning, washdown and wiping of construction facility, equipment and furnishings and removal and loading or burning of all debris including crates, boxes, 1 packaging waste material. Washing or cleaning of walls,
partitions, ceilings, windows, bathrooms, kitchens, laboratory, and all fixtures
and facilities therein. Clean-up, mopping, washing, waxing and polishing or
dusting of all floors or areas. The aging and curing of concrete, mortar and other materials
applied to walls, floors, ceilings and foundations of buildings and
structures, highways, airports, overpasses and underpasses, tunnels, bridges,
approaches, viaducts, ramps or other similar surfaces by any mode or method. Scaffolds : Erection, planking and removal, of all scaffolds for lathers,
plasterers, bricklayers, masons and other construction trades crafts.
Building, planking or installation and removal of all staging, swinging and
hanging scaffolds, including maintenance thereof. Excavations and Foundations - Site Preparation and
Clearance Transportation and Transmission Lines : Excavation for building and all other construction; digging of
trenches, piers, foundations and holes; digging, lagging, sheeting, cribbing,
bracing and propping of foundations, holes, caissons, cofferdams, dams,
dilces and irrigation trenches, canals and all handling, filling and placing
of sand bags connected therewith. All drilling, blasting and scaling on the
site or along the right-of-way, as well as access roads, reservoirs,
including areas adjacent or pertinent to construction site; installation of
temporary lines. Preparation and compacting of roadbeds for railroad track
laying, highway construction and the preparation of trenches, footings, etc.
for cross-country transmission by pipelines or electric transmission or
underground lines or cables. On-site preparation and right-of-way for clearance for
construction of any structures or the installation of traffic and
transportation facilities such as highways, pipelines, electrical transmission
lines, dam sites and reservoir areas, access roads, etc. Clearing and
slashing of brush or trees by hand or with mechanical cutting methods.
Blasting for all purposes, such as stumps, rocks, general demolition.
Falling, bucking, yarding, loading or burning of all trees or timber on
construction areas. Choice setters, off bearers, lumber and handlers and all
laborers connected with on-site portable sawmill operations connected with
clearing. Erection, dismantling and/or reinstallation of all fences. Clean-up
ofright of way, including tying on signaling, stacking of brush, trees or
other debris, and burning where required. All soil test operations of semi
and unskilled labor, such as filling of sand bags, handling timber and
loading and unloading of same. Concrete, Bituminous Concrete and Aggregates : (a) Concrete, bituminous concrete, or aggregates for walls,
footings, foundations, floors or for any other construction. Mixing,
handling, conveying, pouring, vibrating, gunniting and otherwise placing
concrete or aggregates, whether done by hand or any other process. Wrecking,
stripping, dismantling and handling concrete forms and false work. Building
of centers for fireproofing purposes. Operation of motorized wheelbarrows or
buggies or machines of similar character, whether run by gas, diesel or
electric power. When concrete or aggregates are conveyed by crane or derrick,
or similar methods, the hooking on, signaling, dumping, and unhooking the
bucket. Placing of concrete or aggregates, whether poured, pumped, gunnited,
or placed by any other process. The assembly, uncoupling of all connections
and parts of, or to equipment used in mixing or conveying concrete, aggregate
or mortar, and the cleaning of such equipment, parts and/or connections. All
vibrating, grinding, spreading, flowing, puddling, leveling and strike-off of
concrete or aggregates by floating, rodding, or 2 screeding, by hand or mechanical means prior to finishing. Where
prestressed or precast concrete slabs, walls or sections are used, all loading,
unloading, stockpiling, hooking on, signaling, unhooking, setting and barring
into place of such slabs, walls or sections. All mixing, handling, conveying,
placing and spreading of grout for any purpose. Green cutting of concrete or
aggregate in any form, by hand, mechanical means, grindstones or air or
water. (b) The filling and patching of voids, crevices, etc., to
correct defects in concrete caused by leakage, bulging, sagging, etc. (c) The loading, unloading, carrying, distributing and handling
of all rods; the loading, unloading, carrying, distributing, cutting, laying
and meshmuckng of all mesh and materials for use in reinforcing concrete
construction. The hoisting of rods, mesh, and other materials, except when a
derrick or outrigger operating by other than hand power is used. (d) All work on interior concrete columns, foundations for
engine and machinery beds. (e) The stripping of forms, other than panel forms which are to
be reused in their original form, and the stripping of forms on all flat arch
worn The moving, cleaning, oiling and carrying of all forms to the
next point of erection. The snapping of wall ties and removal of tie rods. Handling,
placing and operation of the nozzle, hoses and pots or hoppers on
sandblasting or other abrasive cleaning. The jacking of slip forms, and all
semi and unskilled work connected therewith. Underpinning, Lagging, Bracing, Propping and Shoring : Underpinning, lagging, bracing, propping and shoring, raising
and moving of all structures; raising of structure by manual or hydraulic
jacks or other methods. All work on house moving, shoring and underpinning of
structures; loading, signaling, right-of-way clearance along the route of
movement. Resetting of structure in new location to include all site clearing,
excavation for foundation and concrete work. Clean-up and back-filling,
landscaping old and new site. Drilling and Blasting: All work of drilling, jack- hammering
and blasting. Operation of all rock and concrete drills, including handling,
carrying, laying out of hoses, steel handling, installation of all temporary
lines and handling and laying of all blasting mats. All work in connection
with blasting, handling and storage of explosives, carrying to point of
blasting, loading holes, setting fuses, making primers and exploding charges.
All securing of surfaces with wire mesh and any other material and setting of
necessary bolts and rods to anchor same. All high scaling and other rock
breaking and removal after blast. Handling and laying of nets and other
safety devices and signaling, flagging, road guarding. Signal Men : Signal men on all construction work defined herein, including
traffic control signalmen at construction sites. General Excavation and Grading : The clearing, excavating, filling, backfilling, grading and
landscaping of all sites for all purposes and all labor connected therewith,
including chainmen, rodmen, grade markers, etc. 3
Wrecking: The
wrecking or dismantling of buildings and all structures: Breaking away roof
materials, beams of all kinds, with use of cutting or other wrecking tools as
necessary. Burning or otherwise cutting all steel structural beams. Breaking
away, cleaning and removal of all masonry and wood or metal fixtures for
salvage or scrap are removed by crane or derrick. All loading and unloading
of materials carried away from site of wrecking. All work in salvage or junk
yards in connection with cutting, cleaning, storing, stockpiling or handling
of materials. All clean-up, removal of debris, buring, backfilling, and
landscaping of the site of wrecked structure. Use of Tools :
Operation of all hand, pneumatic, electric, motor combustion or air-driven
tools or equipment necessary for the performance of work described herein. Miscellaneous: All such work and jurisdiction as may have been acquired by
reason of amalgamation or merger with former national or international unions
and as may be hereafter acquired; including all such work and jurisdiction as
declared by actions of the Executive Council or conventions of the American
Federation of Labor. ARTICLE II UNION SECURITY The Employer agrees to require, during the life of this
Agreement, membership in the Union, as a condition of continued employment of
all Employees covered by this Agreement, after seven (7) days following the effective
date of this Agreement, or after seven (7) days following the commencement of
such employment, whichever is later. Upon written notice from the Union
advising that an Employee covered by this Agreement has failed to maintain
membership in the Union in good standing, as covered above, by payment of
uniform initiation fees and/or dues as required, the Contractor shall
forthwith discharge the Employee, provided, however, that such membership in
the Union is available to such Employees on the same terms and conditions
generally applicable to other members and that such membership is not denied
or terminated for reasons other than a failure by the affected Employee to
tender the periodic dues and initiation fees uniformly required as a
condition of acquiring or retaining membership. ARTICLE III HOURS OF WORK Section 3.1 . Workday
and Workweek. (a) Workday. Eight (8) hours shall constitute
a day's work between the hours of 8:00 A.M. and 4:30 P.M. The regular workday
as described above may be adjusted for cause. When agreed upon between
Employees on the job and the Employer, an adjustment of the workday schedule
shall be permitted. The workday may begin at 6:00 A.M. and end at 5:30 P.M.
Monday through Friday, up to 40 hours per week. Bargaining unit Employees
servicing, or otherwise working on the jobsite with crafts working different
hours than those provided herein, shall work the same hours as that craft or
crafts and 4 shall be entitled to premium pay whenever the craft or crafts
are so entitled (b) The usual lunch period shall commence four (4) hours after
the regular starting time. Any Employee who is required to work through the
usual lunch period and does not start his lunch period until after five (5)
hours after his starting time shall be paid an additional one-half (1 /2)
hour at the overtime rate. (c) Workweek. The workweek shall be forty (40)
hours worked during the period beginning Monday at 8:00 A.M. and ending
Friday at 4:30 P.M. (except as stated in Section 3.1(a) above). When more than
one shift is worked, the work-week shall start at 8:00 AM. on Monday and end
at 8:00 A.M. on Saturday (except as stated in Section 3.1(a)). Section 3.2 . Overtime.
All hours worked in excess of eight (8) in any one day shall be compensated
at time and one-half (1-1/2) the straight-time hourly wage rate except in
those instances where Laborers are working with another craft which is
compensated at a different overtime rate of pay, then the Laborers shall
receive the overtime rate being paid the other craft. Section 3.3 . (a) Saturday
Work All work performed on Saturday, except as provided in Section 3.4
below, shall be paid at time and one-half (1-1/2). (b) All work performed on Sundays and on the holidays specified
in subsection (c) below, shall be compensated at double (2) the straight-time
hourly wage rates. (c) The legal holidays for the purpose of this Section shall be
New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and
Christmas Day. Holiday work - (As designated by Federal Government
Regulations) all work performed on New Year's Day, Memorial Day, Thanksgiving
Day and Christmas Day shall be paid at double time. No work shall be
performed on Independence Day or Labor Day without a permit from the Business
Managers of either Laborers' Local No. 113 or 392 depending on job site
location, which shall be given only to protect property and in which event
double time must be paid for such work For the purpose of this Agreement, any
of the above designated holidays which fall on a Sunday shall be observed on
the following Monday, and falling on a Saturday shall be observed on the
preceding Friday, without pay. See Letter of Understanding - Appendix
"B." Section 3.4 . Shift
Operations. (a) Regular
Shifts. Whenever a
three (3) shift operation is used between 12:00 midnight Sunday and 8:00 A.M.
Saturday, the first shift shall consist of eight (8) hours as designated in
Section 3.1(a) above. The second shift shall consist of seven and one-half
(7-1 /2) hours, but shall be compensated by an extra hour of pay. The third
shift shall consist of seven (7) hours and shall also be compensated by an
extra hour of pay. (b) Other
Shifts. On all
other shifts operations between 12:00 midnight Sunday and 8:00 A.M. Saturday,
regardless of whether the regular day shift is actually worked, the shifts)
shall consist of eight (8) hours' work at the straight-time hourly wage rate;
however, shifts starting after 3:00 P.M. shall be compensated by an additional
fifty (50) cents per hour. Shifts starting after 11:00 P.M. shall be
compensated by an additional sixty two (62) cents per hour. All work
performed outside of the designated shift shall be paid for at overtime
rates. 5 (c) All shifts as described in this Section unless otherwise
provided for, shall have a thirty (30) minute lunch period commencing at the
midpoint of the shift and shall not be considered as time worked (d) The time of all shifts must be designated for each job. No
broken shifts shall be allowed at shift rates. Section 3.5 . Overtime.
(a) Weekdays. All work performed outside of the designated shift
Monday through Friday shall be paid at time and one-half (1-1/2) the
straight-time hourly wage rate. (b) Saturdays. All work performed on the first
shift on Saturday shall be paid at time and one-half (c) Sundays. All work performed on Sunday
shall be paid at double time. (d) Holiday
Work. All work
performed on New Year's Day, Memorial Day (as designated by Federal
Government Regulations), Thanksgiving Day and Christmas Day, Independence Day
or Labor Day shall be paid at double time. Section 3.6 . Call-In
and Reporting Pay. (a) Employees who report to work at the direction of the
Employer, or his agents, and are not placed at work, shall be entitled to two
(2) hours' pay at the established rate, unless weather and other conditions
are beyond the control of the Employer. (b) Employees called out for part-time work shall receive a
minimum of four (4) hours' pay at the established rate. (c) The Employer shall pay the Employee full wages in the event
that the employee is ordered to remain at, or to be ready to continue at work
on a given job, although normal progress is interfered with due to inclement
weather, breakdowns, or other delays beyond the control of the Employers. ARTICLE IV SPECIAL WAGE PROVISIONS Section 4.1 . If a
laborer is placed on a mechanic's job, he shall receive the prevailing scale
of wages for that type of work, if he is capable of doing the work.
Percussion shall be obtained from the respective Union before this procedure
is carried out. Section 4.2 . If
said Laborer is placed on a higher rate job for a period of time of four(4)
hours or less, he shall receive the higher rate of wages for four(4) hours. Section 4.3 . If
said Laborer is placed on a higher rate j ob for a period of time of more
than four (4) hours, he shall receive the higher rate of wages for the
balance of the day. 6 Section 4.4 . Definitions. (a) Definition
of Caisson Worker.
In the construction of bridges, dams and other structures requiring
cofferdams built of tight wood sheeting or steel sheet piles, only the
excavation described below shall be classed as caisson work. First, that
excavation which is more than fifteen (15) feet below the lowest general excavation
in the cofferdam. Second, that excavation which is more than fifteen (15)
feet below the river or stream bed. Caisson workers= wages shall apply to
work so classified. (b) Underpinning. Any excavation for footings,
piers, mass columns, sumps and pits or work of similar nature adjacent to or
integral with existing structures requiring the use of tight wood sheeting or
steel sheet piling, which excavation extends five (5) feet or more below the
lowest basement or sub-basement levels immediately adjacent thereto and which
excavation is performed by handmethods and disposed of by a bucket and line,
either hand power operated or shoveled out by overhead stages, shall be
classified and performed as underpinning work using caisson workers with the
applicable rate of pay. (c) Definition
of Caisson Worker-Ton Man. When specialized caisson digging equipment is used (such as
Gar Wood Caisson Digger) requiring the use of a skilled top man, the top man
shall be paid thirty five (35) cents per hour less than a regular caisson
worker. (d) Refractory
Work. Refer to
Article XXV for provisions relating to Refractory Work ARTICLE V WAGES List of Job Classifications and Wage Rates . There is attached hereto and made a part hereof
Exhibit "A", which exhibit shall list the straight-time hourly wage
rates (including vacation pay) in effect for all classifications. Section 5.1 . Current
Wage Increase. (a) Effective June 1, 1999, the straight-time hourly wage rates
of all Employees covered by this Agreement shall be as fisted in Exhibit
"A". (b) Effective June 5, 2000, the straight-time hourly wage rates
in effect as of June 4, 2000, of all Employees covered by this Agreement
shall be increased one dollar ($1.00) per hour for all classifications except
that the Union may elect, at its option, upon at least thirty (30) days'
written notice prior to June 1, 2000 to allocate any increase to any existing
funds. (c) Effective June 4, 2001, the straight-time hourly wage rates
in effect as of June 3, 2001, of all Employees covered by this Agreement
shall be increased one dollar (1.00) per hour for all classifications except
that the Union may elect, at its option, upon at least thirty (30) days'
written notice prior to May 31, 2001 to allocate any increase to any existing
funds. (d) Effective June 3, 2002, the straight-time hourly wage rates
in effect as of June 2, 2002, of all Employees covered by this Agreement
shall be increased one dollar (1.00) per hour for all classifications except
that the Union may elect, at its option, upon at least thirty (30) days'
written notice prior to May 31, 7 2001 to allocate any increase to any existing funds. (e) Effective June 2, 2003, the straight-tine hourly wage rates
in effect as of June 1, 2003, of all Employees covered by this Agreement
shall be increased one dollar (1.00) per hour for all classifications except
that the Union may elect, at its option, upon at least thirty (30) days'
written notice prior to May 31, 2003 to allocate any increase to any existing
funds. Section 5.2 . Foreman.
The foreman shall receive a premium of five percent (5%) per hour above the
construction laborer rate. Section 5.3 . General
Foreman. The general foreman shall receive a premium of seven and one- halfpercent
(71/2%) per hour above the construction laborer rate. Section 5.4 . Payment
of Wage .(a) Pay Day. Wages for work and services rendered by an
Employee shall be paid to him weekly, by check, (or by electronic transfer to
a thrift institution of the employee's choice) not later than the fifth workday
following the last day of the Employer's established payroll period. (b) Discharge. When an Employee is discharged,
the Employer shall furnish such Employee a slip showing the reason for the
discharge (c) Lay-off. When an Employee is laid off or
discharged he/she shall receive their wages by check or by electronic
transfer by the Employer's next regularly scheduled pay day. ARTICLE VI SUBCONTRACTING Section 6.1 . The
Employer agrees that when subletting or contracting out work covered by this
Agreement which is to be performed within the geographical coverage of this
Agreement and at the site of the construction, alteration, painting or repair
of the building, structure or other work, he will sublet or contract out such
work only to an Employer who has signed or is covered by a written labor
agreement with the Union. At those job sites at which the Employer
subcontracts work covered by this Agreement, the Employer agrees to employ,
or his subcontractor agrees to employ, Union bargaining unit Employees. In no
event will the subcontracting clause be enforced through economic action. Section 6.2 . (a)
The Employer further agrees that he will give written notice to all
subcontractors that such subcontractors are required to pay their Employees
the wages and fringe benefits provided for in this Agreement. (b) The Employer agrees not to enter into any individual
Agreement which permits his Employees to perform their work on any basis of
pay other than an hourly rate which shall not be less than the rate specified
in this Agreement. It is further agreed that all forms of compensation
related to Employee productivity, such as bonus systems, quota systems,
piecework systems, lumping labor systems and other incentive type
arrangements will not be used Section 6.3 (a) It is agreed that employees represented by the Union shall
not contract or subcontract any work. This shall not prevent any employees
represented by the Union from legitimately entering business as a Contractor
providing he/she has been so recorded with the Union, agrees to abide by all
the terms and 8 conditions of this agreement and the Contractor has been so
notified It is the responsibility and duty of all parties subject to this
agreement to report instances of side-jobbing to management and labor
representatives. (b) In the event any employees represented by the Union violate
this section of the Agreement, the party involved will be reprimanded and
fined in accordance with the Union's Constitution and Bylaws. ARTICLE VII HEALTH FUND Section 7.1 . (a) Each Employer covered by this Agreement shall pay monthly,
effective June 1, 1999, to the Construction Workers Health Fund, the amount
listed in Exhibit "A". (b) Amounts effective June 5, 2000, June 4, 2001, June 3, 2002
and June 2, 2003 to be determined. (c) (1) All of the hourly contributions paid by Employers to the
Trustees of the Construction Workers Health Fund pursuant to this Article
shall become part of the trust fund of such Health Fund and shall be used for
health and welfare benefits, administrative costs and as may otherwise be
prescribed in the Trust Agreement governing such Fund, except for one (1)
cent per hour. The said amount of one (1) cent per hour for work performed from
June 1, 1987 shall not become part of the trust fund of such Fund, but shall
be received, held and used by such Trustees as the Employers' agents solely
for the purposes of (i) paying the Employers' portions of FICA taxes which
may be payable on sick pay pursuant to Section 3(b)(1) of P.L. 97-123, (ii)
paying, on behalf of Employers, FUTA taxes and possibly-required State
Unemployment taxes on such sick pay and of (iii) paying possible reasonable
compensation to the Trustees for acting as such paying agents. (2) In the event the Union and the Board of Directors of ACEA,
Inc. and the Board of Directors of the AGC of Greater Milwaukee, Inc. jointly
determine that any part of the one (1) cent held or to be held by the
Trustees as the Employers' agents for the purposes stated in paragraph (1) of
this subsection is not required therefor, they may jointly agree and direct
to suspend for a specified period the setting aside of such one (1) cent per
hour as provided in paragraph (1) of this subsection, in which event such one
(1) cent per hour will be paid into the Health Fund until such time as they
again jointly determine to resume the setting aside of such one (1) cent per
hour for disbursement, as the Employers' agents, as provided in paragraph (1)
of this subsection. Section 7.2 . The Associations and the Union, and all Employers covered by
this Agreement, agree to be bound by all of the terms of the Construction Workers Health
Fund Trust Agreement, and by all of the actions of the Trustees administering such Health Fund in
accordance with the Trust Agreement, Plan and rules of the Trustees, provided that such Trust Agreement, Plan
and rules shall not be inconsistent with this Agreement. Each Employer covered by this Agreement hereby
accepts as Trustees the Trustees appointed under said Trust Agreement by the Allied Construction Employers
Association (ACEA) and the Union, respectively, and all such succeeding Trustees as will b e
appointed in accordance with the Trust Agreement. The Employer hereby ratifies all actions already taken or to be
taken by such Trustees consistent with 9 applicable law and within the scope of their authority. Section 7.3 . The
ACEA shall be the exclusive representative of the Employers and shall have
equal representation (50%) with the participating Unions in the establishment
and administration of said Construction Workers Health Fund and the Program
established in connection therewith. Such Program shall also be open to all
members of the Union who are employees of Employers not re- presented by the
Associations, on the same basis as it is available to employees of Employers
represented by the Associations, provided their Employers make the required
contributions to said Program and Fund which the Union agrees shall be
required of all Employers. Section 7.4 . (a)
Payments to the Health Fund are to be made at the end of each month in which
the work was performed, but no later than the fifteenth (15th) day of the
following month, after which tine the payments will be considered to be
delinquent. In the event an Employer becomes delinquent in his payments to
the Fund, and after the Trustees have advised the delinquent Employer, in
writing, of said delinquency and in view of the fact that the anticipated and
actual damages are difficult or incapable of accurate ascertainment in such
event, such Employer may be assessed, by the Trustees, as liquidated damages,
20% of such delinquent payments and further such delinquent Employer shall be
required to pay interest at the maximum rate permitted by law, not to exceed
one and one-half percent (1 1/2%) per month, on the unpaid and delinquent
balance (including unpaid past due liquidated damages, if any) owed In the
event that the Fund's Administrative Manager refers the delinquency to legal
counsel for collection, then such Employer shall be obligated to pay, in
addition to such liquidated damages and interest charges, reasonable
attorney's fees and any other costs and expenses reasonably arising in connection
with any collection action. (b) If the Employees are removed from the job by the Union to
enforce such delinquent payments including liquidated damages, the Employees
shall be paid by the delinquent Employer for all lost time at the straight-time
hourly rate. Section 7.5 . The
Employer agrees that if any officer of a corporation or any other person
having a financial or proprietary interest in the business, continues to
perform work coming under the jurisdiction of this Agreement during the life
of this Agreement, the Employer will pay the hourly contribution specified in
this Agreement to the Construction Workers Health Fund, for all such persons
on the basis of the number of hours worked under the jurisdiction of this
Agreement but not less than one hundred fifty (150) hours per month,
for the duration of this Agreement. Section 7.6 . The
Health Fund covered and referred to in this Article may be withdrawn from any
existing joint health fund, only when mutually agreed to between the Union
and the ACEA. Section 7.7 .
Employees who retire may continue to receive from the Health Fund benefits of
such type and amount and under such terms and conditions as may be provided
and established from time to time by the Trustees of the Fund, upon the
payment by such retired Employees of the required periodic contributions,
established by the Trustees and of the payment to the Union of a reasonable
service fee; provided, however, that the Trustees may, in their discretion,
change, limit, modify or discontinue any such benefits for retired Employees.
10 Section 7.8 . National
Health The parties agree that in the event the United States Government
establishes a National Health Insurance program to which the Employer is required
to contribute and which duplicates coverage of the present health program
established by this Agreement, the parties will meet to discuss the
provisions of the Federal law and the effect of the law upon the benefits and
contribution in effect at that time. In no event shall the level of benefits
in existence on the effective date of the law be reduced In no event shall
the Employer's contribution to the existing health fund and any National
Health Plan be greater than the existing health and welfare contribution. Section 8.1 . (a)
The Building and Public Works Laborers' Vacation Trust Fund, hereinafter
referred to as the "Vacation Fund," established in 1955, shall
continue to remain in full force and effect. (b) Each Employer covered by this Agreement shall pay monthly to
the Building and Public Works Laborers' Vacation Trust Fund, Department 805,
Milwaukee, WI 53259, the sum of one dollar and four cents ($1.04) per hour
for vacation pay and working dues and of one (1) cent per hour for jury pay
for each hour (whether straight-time or overtime) for which wages or
compensation is payable to an Employee under this Agreement. Payments to the
Vacation Fund shall be considered as wages of an Employee and shall be
included in gross earnings for the purpose of computing deductions for
withholding tax and social security. In addition, Vacation Pay shall be
deducted from the Employee's paycheck and sent to the Laborers' Vacation
Fund. (c) Effective June 5, 2000 the contribution rate shall be
determined at a later date. (b) Effective June 4, 2001 the contribution rate shall be
determined at a later date. (c) Effective June 3, 2002 the contribution rate shall be
determined at a later date. (d) Effective June 2, 2003 the contribution rate shall be
determined at a later date. Section 8.2 . (a)
The deduction of one dollar and four cents ($1.04) per hour shall be credited
to respective individual Employees under and subject to such conditions,
limitations and policies as may be provided under the applicable Trust
Agreement and as may be established by the Trustees of the Vacation Fund. (b) The deduction of one (1) cent per hour shall not be credited
to individual Employees, but shall be used by the Trustees to pay Employees
covered by this Agreement for jury duty under and subject to such conditions,
limitations and policies as may be established by the Trustees of the
Vacation Fund. Section 8.3 . The
rules under which such Vacation Plan and Trust Fund established in connection
therewith are to operate are set forth in a Trust Agreement heretofore
entered into between the Allied Construction Employers Association (ACEA) and
the Union, and in the Bylaws prepared by the Trustees pursuant to such Trust
Agreement. Section 8.4 . The
Employer agrees to abide by the terms and conditions of the above mentioned
Trust Agreement, and the rules and regulations heretofore and hereafter
adopted by the Trustees pursuant to such Trust Agreement and accepts the
Employer Trustees appointed by the ACEA as provided in said Trust 11 Agreement as his representatives to administer such Trust Fund,
and all such pastor succeeding Employer Trustees as shall have been or will
be appointed by the ACEA. The Employer hereby ratifies all actions already
taken or to be taken by such Trustees consistent with applicable law and
within the scope of their authority. Section 8.5 . (a) Deductions sent to the Vacation Fund are to be made at the
end of each month in which the work was performed, but no later than the
fifteenth (15th) day of the following month, after which time the payments
will be considered to be delinquent. In the event an Employer becomes
delinquent in his payments to the Fund, and after the Trustees have advised
the delinquent Employer, in writing, of said delinquency and in view of the
fact that the anticipated and actual damages are difficult or incapable of
accurate ascertainment in such event, such Employer may be assessed, by the
Trustees, as liquidated damages, 20% of such delinquent payments and further
such delinquent Employer shall be required to pay interest at the maximum
rate permitted by law, not to exceed one and one-half percent (1 1/2%) per
month, on the unpaid and delinquent balance (including unpaid past due
liquidated damages, if any) owed. In the event that the Fund's Administrative
Manager refers the delinquency to legal counsel for collection, then such
Employer shall be obligated to pay, in addition to such liquidated damages
and interest charges, reasonable attorney's fees and any other costs and
expenses reasonably arising in connection with any collection action. (b) If the Employees are removed from the job by the Union to
enforce such delinquent payments including liquidated damages, the Employees
shall be paid by the delinquent Employer for all lost time at the
straight-time hourly rate. Section 8.6 . The Vacation Fund covered and referred to in this Article may
be withdrawn from any existing joint or united vacation fluid, only when
mutually agreed to between the Union and the ACEA. Section 8.7 . Deductions sent to the Vacation Fund, and any liquidated
damages payable in connection therewith, are a part of the wages due to the
Employees with respect to whose work such payments are made. No individual
Employer shall have any right, title or interest in such payments, or any
part thereof, and no part thereof shall revert to any such individual
Employer. Insofar as consistent with the other provisions of this Agreement,
the deductions shall be treated and reported as a part of the compensation
earned at the time the work to which the deductions pertain is performed,
subject to the terms of this Agreement, and shall be deemed to be, and shall
be treated as, subject to withholding tax and Social Security and
Unemployment taxes as a part of the total compensation payable at the end of
the individual Employer's payroll period during which such work is performed.
Such deductions, being payable upon an "hours-worked" basis shall
be a part of the hourly wage rates for the purpose of computing overtime or
reporting time or for any other purpose of the collective bargaining
agreement, or part of the "regular rate" or "basic hourly
rate" for the purpose of the Federal Fair Labor Standards Act or the
Walsh-Healey Act or any other law, ordinance or regulation. ARTICLE IX PENSION PLAN Section 9.1 . (a) Each Employer covered by this Agreement shall pay monthly
effective June 3,199, to the 12 Building Trades United Pension Trust Fund - Milwaukee and
Vicinity, the amount listed in Exhibit "A". (b) Amounts effective June 5, 2000, June 4, 2001, June 3, 2002
and June 2, 2003 to be determined. Section 9.2 . The Trust Agreement dated June 1, 1959, which establishes said
Building Trades United Pension Trust Fund as it may be amended from time to
time shall govern the establishment, administration and operation of said
Pension Trust Fund and of the Pension Plan, provided, however, that the said
Trust Agreement and said Plan contain provisions requiring uniform formula of
benefits and a single joint EmployerUnion Board of Trustees. The Employees
covered by this Agreement are to receive such benefits as they may be
entitled to under said Trust Agreement and Pension Plan. Section 9.3 . The Employer agrees to abide by the terms and conditions of
the above mentioned Trust Agreement, and the rules and regulations heretofore
and hereafter adopted by the Trustees pursuant to such Trust Agreement and
accepts the Employer Trustees appointed by the Allied Construction Employers
Association (ACEA) as provided in said Trust Agreement as his representatives
to administer such Trust Fund, and all such past or succeeding Employer
Trustees as shall have been or will be appointed by the ACEA. The Employer
hereby ratifies all actions already taken or to be taken by such Trustees
within the scope of their authority. Section 9.4 . (a) Payments to the Pension Fund are to be made at the end of
each month in which the work was performed, but no later than the fifteenth
(15th) day of the following month, after which time the payments will be
considered to be delinquent. In the event an Employer becomes delinquent in
his payments to the Fund, and after the Trustees have advised the delinquent
Employer, in writing, of said delinquency and in view of the fact that the
anticipated and actual damages are difficult or incapable of accurate
ascertainment in such event, such Employer may be assessed, by the Trustees,
as liquidated damages, 20% of such delinquent payments and further such
delinquent Employers shall be required to pay interest at the maximum rate
permitted by law, not to exceed one and one-half percent (1 1/2%) per month,
on the unpaid and delinquent balance (including unpaid past due liquidated
damages, if any) owed. In the event that the Fund's Administrative Manager
refers the delinquency to legal counsel for collection, then such Employer
shall be obligated to pay, in addition to such liquidated damages and interest
charges, reasonable attorney's fees and any other costs and expenses
reasonably arising in connection with any collection action. (b) If the Employees are removed from the job by the Union to
enforce such delinquent payments including liquidated damages, the Employees
shall be paid by the delinquent Employer for all lost time at the
straight-tine hourly rate. ARTICLE X ENFORCEMENT OF PAYMENTS TO FRINGE BENEFIT FUNDS Section 10.1 . A "Fringe Benefit Fund," as that term is used in
this Article, is any trust fund to which the Employer is obligated to make contributions, under this
Agreement, specifically the Building Trades United Pension Trust Fund, the Construction Workers Health Fund, the
Building and Public Works Laborers' 13 Vacation Fund and, further, the Industry Advancement
Program/Contract Administration Fund and Wisconsin Laborers' Skill
Improvement Fund provided for in Article XVIII. The term
"Trustees," as used in this Article, shall also have reference to the
Allied Construction Employers Association (ACEA) with respect to the Industry
Advancement Program/ContractAdministration Fund and Wisconsin Laborers' Skill
Improvement Fund. Section 10.2 . The Employer's obligation under this Agreement to make
payments and contributions to Fringe Benefit Funds for all Employees covered
by this Agreement applies to all Employees regardless of membership or
non-membership in the Union. Section 10.3 . All payments to the Fringe Benefit Funds for Employees covered
by this Agreement, and while the same is in effect, are deemed to be paid
pursuant to this Agreement. Section 10.4 . The Employer shall promptly furnish to the Trustees of any
Fringe Benefit Fund or to their authorized agents, on demand, all necessary
employment, personnel or payroll records relating to its former and present
Employees covered by this Agreement, including any relevant information that
may be required in connection with the administration of the Fringe Benefit
Fund. The Trustees or their authorized agents may examine such employment,
personnel, or payroll records whenever such examination is deemed necessary
by the Trustees, or its authorized agents, in connection with the proper
administration of the Fringe Benefit Fund Section 10.5 . The Trustees of any Fringe Benefit Fund may for the purpose of
collecting any payments required to be made to such Funds, including damages
and costs, and for the purpose of enforcing rules of the Trustees concerning
the inspection and audit of payroll records, seek any appropriate legal,
equitable and administrative relief and they shall not be required to involce
or resort to the grievance or arbitration procedure otherwise provided for in
this Agreement. In the event it becomes necessary to commence any such legal,
equitable or administrative action against any Employer, such Employer shall
be obligated to pay to the respective Fringe Benefit Fund or Fund's
attorney's fees, as well as any court reporter fees, filing fees and the
actual cost of effecting service of papers. ARTICLE XI GENERAL RULES THE PARTIES HEREBY AGREE TO FAITHFULLY COMPLY WITH THE FOLLOWING
RULES: 1. No member of this Union shall subcontract work at any time. 2. No piecework or bonus system rates shall be allowed. 3. The Employer shall supply all tools and equipment required on
the job. The Employer shall further provide such special protective clothing
as rubber boots, raincoats, rubberized gloves, etc., when condition of work
or the elements so warrant; a deposit of not to exceed twenty-five dollars
($25.00) may be withheld from the Employee for proper return of same. 14 4. Number two shovels shall be used in shoveling ground, stone
and sand. 5. No restriction shall be made in the use of machinery and
tools but machinery must be operated members of the Union having jurisdiction
thereof. 6. There shall be no limitation as to the amount of work a man
shall perform during his working day. 7. The foreman shall be selected by and be the representative of
the Employer. A labor foreman shall be employed whenever ten (10) or more
laborers are employed on any one (1) job. A non-working foreman shall be
employed whenever ten (10) or more Employees are in one (1) crew. A general
foreman shall be employed whenever twenty-five (25) or more laborers are
employed on any one (1) job. 8. No foreman shall use abusive language to any Employee. 9. A Member must show his pay envelope or check upon demand to
the Business Agent, Secretary, Steward or any member of Locals No. 113 or
392. 10. No Employer shall be required to put to work a man who
appears in an intoxicated condition. 11. When more than the minimum
rate of wages as agreed upon herein is paid, no Employer shall make a
reduction in such wages without giving the man or men receiving such wages
due notice previous to such reduction. 15. The Employer shall pay the Employee full wages in the event
that the Employee is ordered b remain at, or to be ready to continue at work on a given job
although normal progress is interfered with due to inclement weather, breakdowns, or other delays
beyond the control of the Employer. Time must be paid straight through if, in the event of a delay, the
worker returns to me (1) hour of the time the delay started 18. A worker shall not work more than one (1) shift in any
twenty four (24) hours except at overtone rates, and in that event the Union
shall be notified. 20. Regular indentured apprentices shall be encouraged, but
shall not displace or take precedence over a laborer. 21. A steward may be appointed by the Union on each job, who
shall perform his duties at such time as will not interfere with his regular
work, and should any grievance arise the steward shall notify the business
manager at once, who shall use every means to adjust such grievance without
stoppage of work. He shall always, while at work, carry a copy of the working
rules with him. He shall be subject to the jurisdiction of the j joint
arbitration board. The Steward shall be a competent worker and he shall not
be dismissed without just cause nor shall he be discriminated against for
performing his duties as outlined in this Agreement. The Steward or any laborer
who has had I.A.P. safety training shall act as a safety man and he shall
report all unsafe conditions or acts to the job supervisor who shall see to
it that these conditions and acts will be remedied immediately. If steps have
not been taken within twenty-four (24) hours to rectify the unsafe condition,
it shall then be reported to an officer of the company. 22. No Employee shall replace another Employee on another job
for overtime rates without permission from the Union Office. 23. When any Employer covered by the Agreement needs additional
laborers, he shall consider calling the Union for such additional laborers. Employers from outside the four (4) county area may bring in
supervisory personnel. Labor Foremen shall not be considered supervisory
personnel. 25. Members of the firm are not to take the place of
construction laborers. 26. The Employer shall be responsible for the loss by fire of an
Employee's personal belongings, stored on a job, if the Employee has
previously filed with the main office of the Employer, an itemized inventory
of such belongings, or if substantial proof can be given to substantiate the
claim. 16 27. When an Employee loses time due to absence resulting
directly from an accident occurring while on the job, and the injury so
sustained requires the attention of a physician the Employer shall pay for
those regularly scheduled hours which were lost by the Employee on the day
such injury occurred. 28. There shall be a committee of A.C.E.A. and building trades
representatives to meet with the proper city officials to try to resolve the parking problems on
building projects in areas where a parking problem exists. 29. Coffee Break There shall be a ten (10) minute coffee break at the site of the
work as near as possible to the middle of the first half of each shift only, to
be scheduled by the Employer, based n job conditions. 30. Whenever the Union is notified by the Trustees, or by the
administrator of any pension, health, vacation or other existing funds that an Employer is delinquent
in the payments required by him m be made to such funds pursuant to this Agreement and, further,
that such Employer has been notified in writing of his failure to make the required payment, the Union
will remove from the job or jobs within its geographical jurisdiction all Laborers covered by this
Agreement and employed by such Employer; any such removal shall not be considered a violation
of this Agreement. Upon such removal, Laborers shall not be permitted to return to the job or jobs of
such delinquent Employer unless and until the delinquent Employer has posted a bond in the amount of five
thousand dollars ($5,000.00) insuring the future payment by him of all contractually required
contributions (including liquidated damages) to such fringe benefit funds. 31. When mason contractor employers covered by this Agreement
require use of a fork lift, it is to 6 manned by a member of this Union. 32. The following work shall be performed by Employees covered
by this Agreement and reps by the Union: (a) Pulling up of wire mesh when the pouring of concrete is in
progress. 33. The following work shall be performed by Employees covered
by this Agreement and reps by the Union, in accordance with past practice. (a) All stripping and material handling to point of erection; (b) Grading and preparing the area for the pouring of concrete,
including spreading of stone, tamping of such surface, where done by hand or
any other process. (c) Cleaning of all debris in building and construction area
including the sweeping of floors, where done by hand, or any other process. (d) Covering and curing of all concrete. 17 (e) Pouring of concrete in all piling. (1) Filling of all voids with insulation on masonry work. 34. Upon agreement with the employee, the Union and the
Contractor, the contractor will deduct the Initiation Fee from the employee' |