04/01/97
WHEREAS, this Agreement
is entered into this ____day
of 1997, by and
between HCH Miller-Park Joint Venture, hereinafter referred to as the
"Joint Venture" and the Milwaukee Building and Construction Trades Council,
AFL-CIO ("Council"),
acting as agent and representative of its member- unions;
WHEREAS, the Milwaukee Building and Construction Trades Council and the Joint Venture by this Agreement intend to provide close cooperation between the council and its member-unions and the Joint Venture for the express purpose of completing the construction of The Miller Park Project ("Project"), without delays, strikes, or work stoppages, caused by any reason or dispute; and
WHEREAS, the parties wish to have this agreement continued in effect during the full course of the construction of said Project not to exceed the date on which the Joint Venture completes the work for which it has contracted with the Project Owner.
NOW THEREFORE, in consideration of the above recitals and promise herein, the adequacy of which is hereby acknowledged, the parties agree as follows:
The purpose of this
Agreement is to promote efficient construction at the Project construction
site, and to provide for peaceful settlement of labor/management disputes
without strikes or lockouts, thereby promoting the public interest in assuring
the timely and economical completion of the work.
It is also the intent
of the parties to set out uniformly standard working conditions for the
efficient completion of said
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construction work,
to establish and maintain harmonious relations between and among all parties to
the Agreement, to secure optimum productivity and to eliminate delays in the
prosecution of work undertaken by the Employers on behalf of the Joint Venture.
Section 1. This Agreement shall apply to construction work at the Project jobsite all work falling within the contract of the Joint Venture. The provisions of applicable local collective bargaining agreements shall be applied to the work performed on the Project unless any provision therein conflicts with a provision of this Agreement, in which case this Agreement shall control. This Agreement shall remain in force until the date on which the Joint Venture completes the work for which it has contracted with the Project Owner or until such other time as may be mutually agreed upon by the Joint Venture and the Council.
This Agreement shall
not apply to the executives, engineers, drafters, supervisors, timekeepers,
messengers, office workers, guards, survey crews, QA/QC or other non-manual
employees. Nor shall it apply to any employees of the Owner or other
contractors employed by the Owner for work outside the scope of this Project
Agreement.
The Employer agrees to
be bound by the wages, fringe benefits, and dues deducts which have been
negotiated and established pursuant to a bona fide applicable collective
bargaining agreement or the predetermined rate, whichever is higher. The
Employer will be presented with evidence of the agreement, and make payments
accordingly. Fringe benefit contributions shall be remitted in accordance with
local agreements to the appropriate fringe benefit funds. The Joint Venture or
its subcontractors shall not contract or subcontract work on the Project except
to an employer who is signatory to a local agreement(s) with the appropriate
affiliate of the Building Trades Council.
Note: MBE/WBE/DBE/SBE
employers certified by the Milwaukee Joint Certification Program, the State of
Wisconsin Department of
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Development Certification
Program or the parallel minority contractor certification program of another
state, awarded a contract(s) with a total value of $750,000 or less will not be
required to sign the Local Agreement, and will be required to sign this Project
Agreement, and pay all wages and fringes in accordance with this Agreement.
Section 2. After work on the Project has commenced no
subsequent changes in wages, fringes or working conditions will be binding on
the Employer except to the extent that such changes shall have been agreed to
in negotiations between the Union and the recognized employer bargaining agent
for the local area. Moreover, no different wages or conditions shall be applied
to this Project than those enforced on local companies.
Section 3. The Employer will pay the local agreement wage
rate for all applicable classifications. There will be no subsistence, zone
rate, or travel pay on this project. Show-up pay will be paid in accordance
with the appropriate local agreement.
Section 4. The Union shall have the right to withhold labor for non-payment of fringes and/or other deducts from employee checks after giving five (5) days notice to the Employer and the Joint Venture provided such delinquency is attributed to the Project.
Section 1. Authorized representatives of the Unions shall
have access to the jobsite provided they do not interfere with the work of
employees and further provided they fully comply with the visitor safety and
security rules established for the Project.
Section 2. Stewards will be working journeymen. They will
be permitted to perform union duties as stewards during working hours provided
such duties cannot be performed at other times. The Union agrees that such
duties shall be performed as expeditiously as possible, and the Employer agrees
to allow the steward a reasonable amount of time to perform such duties.
Section 3. Stewards shall be notified of all hiring,
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terminations and overtime
worked. If provided in an applicable collective bargaining agreement, the
steward shall be offered all available overtime work first provided the steward
is qualified to perform the work.
As it is the specific intent of all parties that there shall be NO STRIKES OR LOCKOUTS, the Joint Venture shall include the following in the job specifications, to be adhered to by all parties.
A. In the event of a strike or lockout in the building industry,
the construction of the Project shall not be halted in any respect or for any
reason, but will continue with the understanding that all settlements made
between any affiliated local union of the Council and appropriate contractor
groups shall be made retroactive to the expiration of the applicable collective
bargaining agreement.
B. It is
specifically agreed between the parties hereto that the no strike, no lockout
obligation set forth in this Agreement applies to any type of work stoppage or
interruption and with equal force to sympathy strikes of any kind whatsoever;
including the honoring of picket lines at the Project. Strikes, stoppages, work
interruptions, and lockouts shall not occur under any circumstances.
C. In the event of a
violation in any respect of said no strike, no lockout obligation by any union,
individual, contractor or subcontractor, any aggrieved party (including a
union) may immediately commence an action for injunctive relief and, in said
action, may seek an order restraining such conduct. Any such action for
injunctive relief shall not restrict the right of an aggrieved party to recover
damages for any such violation.
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D. In all jurisdictional disputes, area and
trade practices shall prevail as provided in the Rules and Procedures of the
Plan for Settlement of jurisdictional Disputes in the Construction Industry.
Such Rules and Procedures shall govern all parties, including subcontractors,
whether or not they or their associations are presently signatory to the Plan.
There shall be no strikes or stoppages as a result of such disputes. The no
strike, no lockout conditions set forth herein shall apply to such disputes.
E. Prior
to the commencement of construction work, and at the mutual direction of the
employer and the Council, a pre-job conference shall be held between the
representatives of the unions and employers to discuss all anticipated work
assignments.
It is specifically agreed that
there shall be no strikes, lockouts or cessation or slowdown of work or
picketing over any dispute regarding the application or interpretation of this
Agreement, and that all grievances and disputes shall be handled as -herein
provided.
Section 1. Any party to this Agreement who alleges there
has been a violation of the Agreement must present their grievance, in writing,
within five (5) working days after the alleged violation was committed or
becomes known to the Business Representative of the Union. Failure to timely
file the grievance will result in automatic denial of the grievance.
Section 2. Timely filed grievances shall be settled according to the following procedures:
Step 1 The
grievance shall be referred to the appropriate local Union Representative or
his/her authorized agent, and to the Employer's representative at the Project
for adjustment. The two representatives will meet within three (3) working days
of filing of the
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grievance.
Step 2 If the issue is not
resolved within ten (10) working days after receipt of the written grievance, the
matter will be referred to a Labor/Management Committee comprised of three (3)
Employer representatives and three (3) representatives of the Unions. The Joint
Venture principal Site Representative and the President of the Council will be
permanent members of this committee. The Labor/ Management Committee will meet
within five (5) days of receipt of the grievance referral to resolve the issue.
All decision of the Committee are binding on all parties to the grievance.
Step 3 If the Labor/Management Committee cannot resolve
the issue, either party may request the dispute be submitted to arbitration.
The Joint Venture and the Council shall agree upon a Wisconsin arbitrator who
will be the permanent arbitrator for the duration of the project.
Section 3. The arbitrator
selected by the parties shall hear the grievance within seven days of
notification by the parties. Each party shall have the right to present whatever evidence it deems desirable at the
arbitration hearing. The decision of the arbitrator shall be rendered in
writing, within twenty-four hours of the date of the hearing, and shall be
final and binding upon both parties and any individuals involved.
Section 4. Any fees or expenses of the impartial arbitrator shall
be paid one-half by the Union and one-half by the Employer who are party to the
dispute. Any party shall have the right to have a transcript made of the
proceedings at their own expense.
Section 5. The arbitrator shall have no authority to change, amend,
add to or detract from any of the provisions of this
6
Agreement.
Section 6. If any of the time limits in
the foregoing steps of the grievance procedure are not complied with by the
Union or the Employer involved, then the grievance shall be deemed to have been
waived and settled on the basis of the Union or Employer's answer in the
preceding step, unless the time limit is extended in writing by agreement of
the parties.
Section 7.
The trustees of the fringe benefit funds shall not be required to invoke or
resort to the grievance and arbitration procedure.
The Joint Venture agrees it
shall not contract or subcontract any construction work to be done at the
Project site except to a person, firm or corporation who is party to this
Project Agreement and has complied with the terms of Article II. The Joint
Venture further agrees this subcontracting provision will be binding on all
Employers covered by the scope of this Agreement.
Section 1. The Employer retains full and
exclusive authority for the management of its operations. The Employer shall
direct its working forces at its sole prerogative, including, but not limited
to, hiring, promotion, overtime assignments and discharge.
Section 2. There shall be no limit on
production by employees nor restriction on the full use of tools and equipment.
Section 3. No rules, customs or practices
shall be permitted or observed which limit or restrict production, or limit or
restrict the working effort of employees. The Employer may utilize the most
efficient methods or techniques of construction, tools or labor-saving devices.
There shall be no standby work demands, nor limitations upon the choice of
materials or design. The Employer shall determine when overtime work is
required.
Section 4. The Employer shall determine
the recording devices, checking systems, brassing or other methods of keeping
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time records on this
Project.
Section 5. The Employer shall be the sole
judge as to the number of journeymen, apprentices, helpers and pre-apprentice
employees required on a work crew to perform a specific task, provided that the
numbers of such employees shall be consistent with the provisions of applicable
local area building trades agreements. The Employer will determine the size of
a work crew which can be productively supervised by a Foreman.
Section 6. The foregoing enumerations of management
rights shall not be deemed to exclude other functions not specifically set
forth, provided they are not in conflict with the provisions of this Agreement.
The parties hereto
agree not to discriminate against any individual with respect to hiring,
compensation, terms or conditions of employment because of such individuals
race, color, religion, sex, national origin, age, handicap or disability, nor
will they limit, segregate, or classify employees in any way to deprive any
individual employee of employment opportunities because of race, color, religion, sex, national origin,
age, handicap or disability.
The Council and the Unions
it represents recognize the Joint Venture's commitment to Equal Employment,
Non-Discrimination and Affirmative Action on the Project and pledge their
cooperation towards fulfilling this commitment.
Section 1. The Employer agrees to utilize
local area referral and hiring procedures contained in the Local Agreements
provided such procedures comply with Federal and State law. The parties agree
to implement programs to meet the participation goals that at least twenty-five
percent (25%) of employees hired for the Project will be minority group
members, and at least five percent of the employees hired for the Project will
be female. To meet the
8
participation levels, the Employer shall first
utilize the local area referral, hiring and apprentice procedures.
The Employer may
specifically request minority/female applicants be referred to the Project, and
the Union agrees to refer minority/female applicants when specifically requested
to do so.
The Employer and the
Union will coordinate their recruitment of minority/female applicants with
local Community Based Organizations (CBO), including the First Source Referral
Agencies listed in Attachment A.
Section 2. The Employer shall be the sole
judge of the competency and qualifications of individuals referred by the
Union, and also of the number of employees and classification consistent with
applicable local area agreements, required at any time. The Employer retains
the right to reject any applicant referred by the union.
Section 3. If, upon request, the local
Union is unable or fails to provide qualified applicants within 48 hours of the
time the request is made (Saturdays, Sundays and holidays excluded), the
Employer may secure applicants from any source.
Section 4. All employees
working on the Project will, as a condition of employment, submit to a drug
screen at the time they are hired on/referred to the Project. A confirmed
positive result of the drug screen will be grounds for refusal to hire,
suspension and/or termination.
The parties agree to
the Fitness for Duty Program which is attached as Exhibit 1.
Section 5. Union Security - Employees of
contractors performing construction work on the stadium proper at the project
site shall be required to become and remain members of an affiliate of the
Council, in accordance with the provisions of the appropriate local area craft
agreement(s) as a condition of employment. Employees of certified MBE/WBE/DBE/SBE
firms who are awarded contracts with a total value of $750,000 or less will not
be required to join a union as a condition of employment for this
9
Project. Employees of all other Employers
signatory to this Agreement will be required to comply with the Union Security
provisions of the applicable local agreement for their craft.
Section 1. Security procedures for control
of tools, equipment and materials are solely the responsibility of the
Employer(s).
Section 2. Employees shall be at their
place of work at the starting time and shall remain at their place of work
until the quitting time. However, employees shall be given ten (10) minutes for
clean up prior to the scheduled quitting time.
Section 3. Practices not a part of terms
and conditions of an applicable collective bargaining agreement will not be
recognized.
Section 4. There will not be any organized
coffee breaks, rest periods, or other non-working time established during
working hours.
Section 5. Should the Employer, upon
reasonable cause, consider it necessary to shut down the Project or a portion
thereof to avoid the possible loss of human life, or because of an emergency
situation that could endanger the life and safety of employees, employees will
be compensated for the actual time worked as set forth in applicable
agreements. In the event the Employer requests employees to stand by, employees
will be compensated for the stand by time at the applicable rate.
Section 6. When an employee leaves the
Project of his/her own accord at other than normal quitting time, it is his/her
responsibility to notify his/her supervisor personally.
Section 7. All employees agree to submit
to container inspections, and vehicle inspections if they park on Project
property.
Section 8. The selection of craft foremen
and general foremen, including the number of foremen, shall be entirely the
responsibility of the Employer(s). Foremen and General Foremen shall take
direction from an individual designated by the
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Employer(s).
Section 1. Work Week/Work Day. The regular
work week will start on Monday and conclude on Friday. Eight (8) consecutive hours,
between 6:00 a.m. and 5:00 p.m. shall normally constitute a work day. There
will be a one-half hour unpaid lunch period during the shift. The Employer may
vary the start time to take advantage of daylight hours, weather conditions,
shifts or traffic conditions. Notice of a change of start time will be given at
least five (5) days in
advance.
Section 2. Overtime. Overtime will be paid
at the rate provided in the applicable collective bargaining agreement, except
that no overtime rate shall exceed one and one-half times (1'k X) the
applicable hourly rate for work performed by an employee in excess of eight (8)
hours per day or forty (40) hours per week, Monday through Friday. All work on
Sunday and Holidays will be paid at two times (2X) the applicable hourly rate.
Section 1. When so elected by the Employer, two shifts of at least three (3) consecutive days duration may be
worked.
The day shift shall
work between the hours of 6:00 a.m. and 6:00 p.m. Employees on the day shift
shall receive eight (8) hours pay at the regular hourly rate for eight (8)
hours work.
The second shift shall work
between the hours of 4:00 p.m. and 1:00 a.m. Employees on the second shift will
receive eight (8) hours pay at the regular hourly rate for eight (8) hours
work.
The third shift shall work
between 11:00 p.m. and 7:00 a.m. Employees on the third shift will receive
eight (8) hours pay at the regular hourly rate for seven (7) hours work.
An unpaid lunch period of
thirty (30) minutes shall be allowed on each shift.
Section 2. There shall be no pyramiding of overtime rates
and the overtime rate shall be the maximum compensation for any hour
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worked.
Section 3. Any shift hours or conditions
other than those listed above shall be by mutual consent of the Employer and
the Union.
Section 4. .In the event an employee
transfers from one shift to another, there will be a twenty-four (24) hour
break between shifts. Otherwise, overtime wage rates shall apply.
The Project will
observe the following unpaid Holidays, on the days designated by the Federal
Government as National Holidays: New Years Day, Memorial Day, Fourth of July,
Labor Day, Thanksgiving Day and Christmas Day. No work will be performed on
Labor Day except in an extreme emergency, and then only with the consent of the
Union Representative.
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.
The Employer(s) and
Unions signatory hereto agree to promote jobsite safety to the fullest extent
possible. Both parties recognize and agree that it is mutually beneficial to
comply with all applicable OSHA regulations, state and local laws and
ordinances. Although the Employer is ultimately responsible for the safety and
well being of its employees, the Unions agree to encourage and promote safe
work practices among its members.
Should any part of or any
provision herein contained be rendered or declared invalid by reason of any
existing or subsequently enacted legislation, or by any decree of a court of
competent jurisdiction, such invalidation of such part or portion of the
Agreement shall not invalidate the remaining portion
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thereof. Should part or all of the Agreement be
rendered or declared invalid as the result of enacted legislation or by a court
decree, the parties signatory hereto agree to immediately meet to negotiate an
article or articles which will comply with the legislation or court decree and
be compatible with the intent and purpose of the article or articles.
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IN WITNESS WHEREOF, the undersigned have caused these
presents to be executed this day of __________1997.
|
HUBER,
HUNT A NICHOLS, |
CONTRACTOR |
|
|
|
|
BY____________ |
: BY:____________ |
|
SIGNATORY
UNIONS |
|
|
UNION___________ |
UNION_____________ |
|
UNION___________ |
UNION___________ |
|
UNION___________ |
UNION___________ |
|
UNION___________ |
UNION___________ |
|
UNION___________ |
UNION___________ |
|
UNION___________ |
UNION___________ |
|
UNION___________ |
UNION___________ |
LMB\C\DOC\MRR\MPA4197.AG1
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EXHIBIT 1
SUBSTANCE ABUSE TESTING
AND
ASSISTANCE PROGRAM
This substance abuse policy and assistance program has been
adopted and implemented pursuant to the negotiations between HCH Miller Park
Joint Venture and the Milwaukee Building and Construction Trades Council
("Council"). The term "Contractor" or "Employer"
when used herein refers to the construction industry contractors who are
signatory to this Project Agreement with the Council. Should any dispute arise
with respect to the application or implementation of this policy and program as
to employees employed by Contractors, such disputes shall be submitted to the
grievance and arbitration provisions of the this Project Agreement.
I. PURPOSES
A. To establish and maintain a safe, healthy working environment for all
employees;
B. To ensure the reputation of the Contractors, their products and services, and their employees within the community and industry at large;
C. To reduce substance abuse related accidental injuries to persons or property;
D. To reduce substance abuse related absenteeism and tardiness, and to improve productivity;
E. To provide rehabilitation assistance for qualified and eligible employees who seek help;
F. To protect against liability because of injuries or accidents caused by individuals using alcohol or drugs at work;
G. To deter individuals from bringing, possessing or using alcohol and drugs in connection with work;
H. To clearly state the commitment of construction contractors and the Council to a work place free from the effects of illegal drug use; and
I. To comply with any law or regulation requiring such program.
EXHIBIT 1 -- PAGE 1
(b) A contractor shall also require testing
where an employee caused
a work related
accident or where an employee was operating or helping
EXHIBIT 1 -- PAGE 2
to operate machinery, equipment or vehicles
involved in a work related accident which resulted in a significant recordable
injury as defined by OSHA regulations or significant damage to property and for
which the cause of the accident is not readily explainable.
(c) Any
employee who reports to work and whose supervisor has reasonable suspicion to
believe that the employee is impaired by alcohol will be required to undergo a
test for blood alcohol content. If the test is positive, the employee shall be
subject to discipline up to and including suspension. Those circumstances, both
physical and psychological, deemed to be pertinent will be given consideration.
"Reasonable suspicion" is defined, for purposes of this subsection,
as in subsection 1(a) above.
(b) The
Employer and the Council will select by mutual agreement a reputable Laboratory
to perform actual testing. The methods used in the testing shall be done in
accordance with Department of Transportation standards, including the use of a
certified lab and medical review officer. An unbroken chain of custody of the
specimen from the time it is taken from the employee up through the time the
laboratory tests the specimen shall be preserved; tamper-proof sample handling
methods must be observed; and the laboratory must follow the test
manufacturer's instructions in both administration of the test and the report
of results as "positive" or "negative".
(c) At the request of any employee tested
under the drug and alcohol testing procedure contained in this agreement, a
portion of the original specimen(s) will be preserved for private testing by
the employee at his or her own expense by an independent laboratory in the
event questions are raised concerning the accuracy of the test administered at
the request of the Employer. The additional test performed at the employee's
request
EXHIBIT 1 -- PAGE 3
will be
admissible under the grievance and arbitration procedure in this contract,
however, if and only if the methodology employed is substantially identical and
equivalent to the methodology authorized in this article.
(d) Testing for blood alcohol content will be by blood analysis or breathalyzer. A positive test result for alcohol will be reflected by a blood alcohol content equal to or greater than current Wisconsin State Motor Vehicle regulation.
EXHIBIT 1 -- PAGE 4
IV.
REHABILITATION
A.
Any employee who feels that he or she has developed an
addiction or dependence to alcohol or drugs is encouraged to seek assistance.
Requests for assistance will be handled in strict confidence through the E.A.P.
V. MISCELLANEOUS PROVISIONS
A. Contracting
agencies may require certain contractors to establish and maintain written drug
awareness programs with certain minimum provisions. In the event that a contractor
becomes obligated to comply with such a program, the contractor may do so only
pursuant to the terms herein.
EXHIBIT 1 -- PAGE 5
VI.
APPLICANTS
VII.
CONCLUSION
This program and policy statement are
intended to protect the Contractor's most valuable asset, namely its employers.
The health and safety of all employees and the general public is of the utmost
concern. The above program will help ensure a safe place for all.
' LMB\C\MISC\SUBSABUS.MPA
EXHIBIT 1 -- PAGE 6