HEADQUARTERS OF
Construction
& General Laborers'
District Council of Chicago and Vicinity
Affiliated with the Laborers International Union of North America, A.F.
of L.- C.l.O.
6121 WEST
DIVERSEY AVENUE ‑ CHICAGO, ILLINOIS 60639 ‑ PHONE: 773‑237‑7537 ‑
FAX: 773‑237‑3417
LOCALS 1, 2, 4, 5, 6, 25, 75,
76, 96, 118, 149, 152, 225, 269, 288, 582, 681, 1001, 1006, 1035, 1092
Robert E. Bloch INDEPENDENT CONSTRUCTION INDUSTRY
Trustee COLLECTIVE BARGAINING AGREEMENT
It is hereby
stipulated and agreed by and between
, herein called the "EMPLOYER", and the CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF CHICAGO AND VICINITY,
herein called the "UNION", representing and encompassing Local Nos.
1, 2, 4, 5, 6, 25, 75, 76, 96,118, 149,152, 225, 269, 288, 582,
681,1001,1006,1035,1092 and encompassing the geographical areas of the counties
of Cook, Lake, DuPage, Will, Grundy, Kendall, Kane, McHenry and Boone, in the
State of Illinois together with any other locals which may come within the
jurisdiction of the UNION, that:
1. EMPLOYER, in response to the UNION's claim that it
represents an uncoerced majority of each EMPLOYERS' laborer employees,
acknowledges and agrees that there is no good faith doubt that the UNION has
been authorized to and in fact does represent such majority of laborer
employees. Therefore, the UNION is hereby recognized as the sole and exclusive
collective bargaining representative for the employees now or hereafter
employed in the bargaining unit with respect to wages, hours of work and other
terms and conditions of employment in accordance with Section 9 of the National
Labor Relations Act without the need for a Board certified election.
2. The EMPLOYER affirms and adopts the Collective
Bargaining Agreements between the UNION and the Builders Association of Chicago
and Vicinity, the Illinois Road Builders Association, the Underground
Contractors Association the Mason Contractors Association of Greater Chicago
the Concrete Contractors Association of
Greater Chicago G.D.C.N.I./C.A.W.C.C.
the Lake County Contractors Association the Contractors Association of Will and
Grundy Counties, the Fox Valley General Contractors Association, the Chicago
Demolition Contractors' Association, the Illinois Environmental Contractors
Association, and all other Associations with whom the District Council or any of its affiliated local unions has a duly negotiated
agreement and re‑establishes all agreements from June 1,1976 together
with all amendments thereto. Where no current Association agreement is
negotiated the terms of the most recent expired agreement are incorporated
herein with all terms, conditions and dates extended for the duration hereof,
until a current agreement exists that shall be incorporated retroactively
herein. It is further agreed that where a contractor works in the jurisdiction
of any local UNION, then the Association agreement covering the local UNION is
herein specifically incorporated in this agreement and shall supersede the
standard District Council agreements in the case of any conflict between the
District Council agreement and the local Association agreement. Nothing herein
shall limit the jurisdiction of this Agreement to less than that provided in
this Agreement.
3. The EMPLOYER agrees to pay the amounts that it is bound
to pay under said Collective Bargaining Agreements to the HEALTH AND WELFARE
DEPARTMENT OF THE CONSTRUCTION AND GENERAL LABORERS' DISTRICT COUNCIL OF
CHICAGO AND VICINITY, the LABORERS' PENSION FUND, the CONSTRUCTION AND GENERAL
LABORER'S DISTRICT COUNCIL OF CHICAGO AND VICINITY TRAINING TRUST FUND, the
CHICAGO AREA LABORERS‑EMPLOYERS COOPERATION EDUCATION TRUST
("LECET"), and to all other designated Union‑affiliated benefit
funds, and to become bound by and be considered a party to the Agreements and
Declarations of Trust creating said Trust Funds as if it had signed the
original copies of the Trust instruments and amendments thereto. The EMPLOYER
ratifies and confirms the appointment of the EMPLOYER Trustees who shall,
together with their successor Trustees, designated in the manner provided in
said Agreements and Declaration of Trusts and jointly with an equal number of
Trustees appointed by the UNION, carry out the terms and conditions of the
Trust instruments
The EMPLOYER further affirms and re‑establishes
that all prior contributions paid to the Welfare, Pension, Training and LECET
Funds were made by duly authorized agents of the EMPLOYER at all proper rates
for the appropriate periods of time, and that by making said prior
contributions the EMPLOYER evidences the intent to be bound by the terms of the
Trust Agreement and Collective Bargaining Agreements which were operative at
the time the contributions were made, acknowledging the report form to be a
sufficient instrument in writing to bind the EMPLOYER to the applicable
agreements.
4. Employees covered by this Working Agreement shall
retain all the work traditionally performed by members of the UNION. The
EMPLOYER agrees that it will not cause any such traditionally performed work to
be done at a construction site by employees other than those covered by this
Memorandum of Agreement, except with the prior written consent of the UNION.
Any EMPLOYER, whether acting as a contractor general manager or developer, who
contracts out or sublets any of the work coming within the jurisdiction of the
UNION, shall assume the obligations of any such subcontractor; for prompt
payment of employees' wages and other benefits, including reasonable attorneys'
fees incurred in enforcing the provisions hereof. Notwithstanding any agreement
to the contrary, the EMPLOYER'S violation of any provision of this paragraph
will give the UNION the right to take any other lawful action, including all
remedies at law or equity.
5. In the event of any change in the ownership management
or operation of the EMPLOYER'S business by sale or otherwise it is agreed that
as a condition of such transfer or change that the new owner and management
shall be fully bound by the terms and conditions of this Agreement. This
Agreement is applicable to all successors and transferees of the EMPLOYER,
whether corporate or otherwise. The EMPLOYER shall provide ten (10) days prior
notice to the Union of the sale or transfer
6. The negotiated wage and fringe benefit contribution
rates in the various Collective Bargaining Agreements are as follows:
|
June 1,1998 |
$23.35 Per Hour Wages $ 3.27 Per Hour Health and Welfare Fund |
|
to |
$ 2.05 per hour Pension Fund |
|
|
$ .10 Per Hour
Training Fund (plus additional amounts in Association agreement) |
|
May 31,1999 |
$ .02 Per Hour
MCIAF (if applicable in
Association agreement) |
|
|
$ .02 Per Hour LECET (to be deducted from MCIAF if
LECET contribution is not provided in Association agreement) |
|
|
$ .01 Per
Hour Chicagoland Safety Council (if applicable) In addition, the
Employer shall pay other amounts if provided in appropriate Association
agreements for Industry funds. |
|
June 1, 1999 |
$ 1.25 Per Hour increase for the year June 1, 1999
through May 31 2000 to be allocated between wages and fringe benefits by the
Union in its sole discretion. Welfare Pension, Training and LECET Funds
contributions to remain the same unless additional sums are allocated. |
|
June 1, 2000 |
$ 1.35 Per Hour increase for the year June 1, 2000
through May 31, 2001, to be allocated between wages and fringe benefits by
the Union in its sole discretion. Welfare, Pension, Training and LECET Funds
contributions remain the same unless additional sums are allocated |
All
additional wage rates, dues checkoff, and fringe benefits that are negotiated
or become effective after May 31, 2001, shall be incorporated in this
Memorandum of Agreement.
7.
Effective June 1, 1998, all EMPLOYERS covered by this Memorandum of Agreement
incorporating the various Collective Bargaining Agreements shall deduct from
the wages of employees covered by the said contract, uniform working dues in
the amount of 1.5% of gross wages, or as determined by the UNION, and shall
remit monthly to the UNION office designated to the EMPLOYER by the District
Council the sums so deducted, together with an accurate list of employees from
whom wages and dues were deducted and the amounts applicable to each employee,
not later than the 1 5th day of the month following the month for which said
deductions were made.
8.
It is the intention of the parties that such deductions shall comply with the
requirements of Section 302(c)(4) of the Labor Management Relations Act of
1947, as amended and such deductions be made only
pursuant to written agreements from each employee on whose account such
deductions are made, which assignment shall not be irrevocable for a period of
more than one year or beyond the termination date of the Memorandum of
Agreement, whichever occurs sooner
9.
This Agreement shall remain in full force and effect through May 31 2001
(unless an applicable Association agreement is of longer duration) and shall
continue thereafter unless there has been given written notice, by registered
or certified mail by either party hereto, received no less than sixty (60) nor
more than ninety (90) days prior to the expiration date of the desire to modify
or amend this Agreement through negotiations. In the absence of such notice the
EMPLOYER and the UNION agree to be bound by the new area‑wide negotiated
contracts with the various Associations incorporating them into this Agreement
and extending this Agreement for the life of the newly negotiated contracts.
10.
The EMPLOYER acknowledges and accepts the facsimile signatures on this contract
as if they were the original signatures. The EMPLOYER further acknowledges
receipt of a copy of the complete Joint Working Agreement. Upon request of the
UNION, the EMPLOYER shall execute another agreement that reflects the final
contract settlements incorporated herein.