INSIDE CONSTRUCTION AGREEMENT

Agreement by and between the Arizona Chapter of the National Electrical Contractors Association (NECA) and Local Union No. 640, IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term “Chapter” shall mean the Arizona Chapter of NECA and the term “Union” shall mean Local Union No. 640, IBEW.

The term “Employer” shall mean an individual firm who has been recognized by an assent to this Agreement.

BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union, and the Public. Progress in industry demands a mutuality of confidence between the Employer and the Union.  All will benefit by continuous peace and by adjusting any differences by rational, common sense methods.  Now, therefore, in consideration of the mutual promises and agreements herein contained, the Parties hereto agree as follows:

COVERAGE

Workmen employed under the terms of this Agreement shall do all electrical construction, installation or erection work, and all electrical maintenance thereon, including the final running tests.

ARTICLE I
 Effective Date - Changes - Grievances - Disputes

Section 1.01   This Agreement shall take effect June 21, 2008 and shall remain in effect until June 20, 2010, unless otherwise specifically provided for herein.  It shall continue in effect from year to year thereafter from June 21 through June 20 of each year, unless changed or terminated in the way later provided herein.

Section 1.02

1. Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least ninety (90) days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.
2. Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.
3. The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.
4. Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this Agreement that remain on the 20^th of the month preceding the expiration of the agreement shall be resolved through the services of the Federal Mediation Conciliation Services (FMCS) using their expedited arbitration procedure and according to the FMCS rules.

The parties agree if they fail to negotiate a renewal or modification of the agreement the parties may jointly or unilaterally request a panel of 7 arbitrators under the expedited arbitration procedure from the FMCS.  Within ten (10) working days of receiving the panel of arbitrators from the FMCS the parties will select an arbitrator by alternately striking a name from the list.  The final remaining name shall be designated as the arbitrator.  The first strike shall be decided by a coin toss.

Each party shall be responsible for their own expenses in this process.  The cost involved in using the services of FMCS and the arbitrator shall be divided between the two parties to this agreement.  The arbitrator’s decision shall be final and binding on both parties.

e.   When a case has been submitted to the Arbitrator, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Arbitrator.

6. Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03   This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto.  Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

Grievances - Disputes

Section 1.04   There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement.  All such matters must be handled as stated herein.

Section 1.05   There shall be a Labor-Management Committee of three representing the Union and three representing the Employers.  It shall meet regularly at such stated times as it may decide.  However, it shall also meet within forty-eight (48) hours when notice is given by either party.  It shall select its own Chairman and Secretary.  The Local Union shall select the Union representatives and the Chapter shall select the management representatives.

Section 1.06   All grievances or questions in dispute shall be adjusted by the duly authorized representatives of each of the parties to this Agreement.  In the event that these two are unable to adjust any matter within forty-eight (48) hours, they shall refer the same to the Labor-Management Committee.

Section 1.07   All matters coming before the Labor-Management Committee shall be decided by majority vote.  Four members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.  In the absence of a deadlock, the Labor-Management Committee’s decision shall be final and binding.

Section 1.08   Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication.  The Council’s decisions shall be final and binding.

Section 1.09   When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made.

Section 1.10    Any grievance not brought to the attention of responsible opposite parties to this Agreement in writing within thirty (30) working days of its occurrence shall be deemed to no longer exist.

ARTICLE II
Employer and Union Rights and Responsibilities

Section 2.01 (a)   Local Union 640 is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of this Agreement by the Local Union, after a finding has been made by the International President of the Union that such a violation or annulment has occurred.

The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any person, firm, or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting or repair of a building, structure, or other work, will be deemed a material breach of this Agreement.

All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

Section 2.01(b)   No employee while subject to the terms of this Agreement and subject to employment by Employers operating under this Agreement shall himself become a contractor for the performance of any electrical work, nor shall he apply his electrical trade to any work coming under the terms of this Agreement, except as a bona fide employee of an Employer signatory to an IBEW Agreement.

Section 2.02   The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and the Union shall immediately notify the Employer of any such concession.

Section 2.03    The Union recognizes and agrees that each Employer signatory to this Agreement, or performing a contract in the jurisdiction of the Local Union, is entitled to have a representative of the company who may perform actual work on the job with the tools providing that the following conditions are adhered to:

1. Such representative of a company must be a Journeyman Wireman.
2. Such representative must adhere to all the terms and conditions of this Agreement except the hiring hall or referral procedure.
3. Before such representative of the company can perform work on any job, one (1) Journeyman Wireman must be employed under the terms of Article VII of this Agreement and who must actually be working on the same job and at all times such representative performs work on the job.
4. Such representative of the firm must be designated at least five (5) days in advance by certified mail to the office of the Local Union before performing work on the job.
5. Any changes of such representative must conform to paragraph (d) above.
6. No more than one (1) such representative of a firm may be employed in the jurisdiction of this Local Union.
7. Such member of the firm shall not work at any time other than during regular working hours.
8. If the designated representative of the firm is the qualifying party for the contracting license, Subsections (c) and (g) do not apply. Such individuals shall no longer be eligible to have contributions made on their behalf under Article IX of this Agreement.

Section 2.04   Nothing in the foregoing Section or in this Agreement shall be construed as preventing any individual member of the firm from making temporary repairs or adjustment where an emergency exists involving a hazard to life or property.

Section 2.05(a)   Certain qualifications, knowledge, experience and financial responsibility are required of everyone desiring to be an Employer in the electrical industry.  Therefore, an Employer who contracts for electrical work is a person, firm, or corporation having these qualifications and maintaining a permanent place of business and a suitable financial status to meet payroll requirements, a telephone service which is either maintained during normal workday by an employee or telephone answering service or device, and whose principal construction business of the firm shall be electrical contracting.  Any Employer, before becoming signatory, shall furnish proof of his qualifications, knowledge, experience and financial responsibility to the Local Union.

Section 2.05(b)   Each individual Employer shall furnish a surety bond for the use and benefit of the employees and any other party to whom wages or other benefits are to be paid under the terms of this Agreement to assure payment of such wages and benefits together with reasonable expenses incurred for the collection thereof.  Wages owed shall include interest at the “prime interest rate”.  The bond shall be on such form as is satisfactory to the Union.  The amount of the bond shall be based on the number of employees covered by this Agreement as follows:

Section 2.05(c)   In the event any Employer is signatory to more than one agreement in the jurisdiction of IBEW, Local Union 640, then in that instance, only the larger bond shall be applicable.

Section 2.06   Each Employer shall carry Workmen’s Compensation Insurance on all employees covered by this Agreement, and shall further pay State Unemployment Taxes, Social Security, and Old Age and Survivor Taxes.

Section 2.07   Each Employer shall post each construction and maintenance job of $100,000 or more with a placard or job trailer displaying the firm’s name; and who is doing the electrical work, where permissible, by the Owner and/or General Contractor.  All company trucks and vehicles carrying men and/or material shall have the firm’s name in bold lettering visible from each side and rear thereon, unless not permitted to do so by the owner and/or General Contractor.

Section 2.08   No employee or Employer shall give or accept, directly or indirectly, any rebate of wages nor shall any other provision of this Agreement be waived or violated.

Section 2.09   The Employer shall not loan or borrow employees from or to other Employers in the electrical contracting industry.

Section 2.10   On all jobs requiring five (5) or more Journeymen, at least every fifth Journeyman, if available, shall be forty (40) years of age or older.

Section 2.11(a)   Employees will not be required to pick up tools or equipment on their own time.

Section 2.11(b)  At the scheduled starting and quitting time, all employees will be at their designated starting and quitting area. The area shall not be more than a five (5) minute walk from the designated employee jobsite entrance.

Section 2.12   The Employer recognizes the right of the Union to appoint (or assign) a Steward at any shop or on any job where workmen are employed under the terms of this Agreement.  Such Stewards shall be allowed sufficient time to see that the terms and conditions of this Agreement are observed at or on that particular shop or job.  The Steward’s activities will not contravene Section 2.20(a).

Section 2.13    In the event of a dispute arising among or concerning workmen employed hereunder and which is subject to the grievance procedure herein, the workmen shall remain at their work, and the Steward shall notify the Business Manager of the Union and the Employer, or his representative.  Upon receipt of such complaints, the Business Manager shall use his best efforts to adjust the dispute at the earliest possible time.  Under no circumstances shall a Steward be discriminated against because of his faithful performance of duties as a Steward.  A Steward appointed on any job shall remain on such until the completion of such job, or until there are three (3) men or less (including the Steward), excluding the supervisor unless removed for cause.

Section 2.14   In the event it becomes necessary for an Employer to discharge a Steward, the Employer shall first meet with the Business Manager or Assistant Business Manager concerning same.  Such meeting shall take place within 24 hours after receiving written request by the Employer for such a meeting.  If the meeting is unfruitful and the Employer discharges the Steward, the termination slip shall contain an explanation of the termination, which shall be verified by the immediate supervisor.

Section 2.15   The Union shall notify each Employer, in writing of the appointment or change of any Steward on the Employer’s payroll.  No employee shall be considered a Steward until the Employer receives this written notice.

Section 2.16   Upon discharge of any workman or workmen, the Steward shall be notified of such discharge or layoff immediately.

Section 2.17   No employees shall be discharged or disciplined for failing or refusing to cross or work behind a lawful and primary picket.

Section 2.18   No Employer shall continue or commence any profit sharing program or plan whereby covered employees (covered by this Agreement) have or will acquire any interest in the company.  The only Employer profit sharing plans permitted for employees covered by this Agreement shall be ones that are tax qualified under the rules and regulations of the Internal Revenue Service; and any such plan must also comply with the Employee Retirement Income Security Act of 1974, as amended (ERISA).

Section 2.19(a)   The Employer agrees to deduct and forward to the Financial Secretary of the Local Union - upon receipt of a voluntary written authorization - the additional working dues from the pay of each IBEW member.  The amount to be deducted shall be the amount specified in the approved Local Union By-Laws.  Such amount shall be certified to the Employer by the Local Union upon request by the Employer.

Section 2.19(b)   Credit Union Deductions:

1. The Employer agrees to deduct and transmit to Arizona Central Credit Union FIVE PERCENT (5%) of the Total Gross Wages, voluntarily authorized by the employee, on the forms provided for that purpose, by Arizona Central Credit Union.
2. These transmittals shall occur monthly and shall be accompanied by a list of the names of these employees for whom such deductions have been made and the amount deducted for each employee.  This transmittal and accompanying check must be received by the Arizona Central Credit Union no later than the 15^TH day of the following month.
3. The Employer shall make all legal Payroll Withholdings for Income Tax, Social Security, etc. from the Gross Wages paid.
4. The employee reserves the right to discontinue such deductions by notifying the Employer and Credit Union, in writing, sixty (60) days prior to June 20^th of any year.

Section 2.20(a)   The Union understands the Employer is responsible to perform the work required by the owner.  The Employer shall, therefore, have no restrictions except those specifically provided for in the Collective Bargaining Agreement, in planning, directing, and controlling the operation of all his work, in deciding the number and kind of employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job within the Local Union’s geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all employees to observe the Employers and/or owner’s rules and regulations not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging employees for proper cause.

Section 2.20(b)   The Employer shall be allowed to call foremen by name from the referral list provided the following conditions are met:

1.  The Contractor may make the request by telephone, but shall confirm, in writing, within five (5) working days to the Local Union.  This written confirmation shall include the jobsite information on which the person will be serving as Foreman.

2.  The person called by name must have been signed on the “GROUP I”

Out–of-Work List for a minimum of five (5) working days.

3.  The person called by name must serve in the true capacity of a Foreman, and not merely receive Foreman’s pay.

4.  If the person called by name ceases to function as a Foreman for any reason within the first year, he/she shall be returned to the Hiring Hall.

5.  The maximum allowable Foremen to be called by name shall not exceed two (2) for any one jobsite.

6.  No Journeyman Wireman shall be called as a Foreman unless the individual has successfully completed SSTA, CPR/First Aid, and Code of Excellence training.

Section 2.21   It is specifically agreed by the Parties hereto that one of the purposes of the second paragraph of Section 2.01(a) is to prevent, whether by direct or indirect methods, the practice of double-breasted companies, as that term is used and commonly understood in the contracting industry.  Therefore, no contractor shall form another company, or join with any company not a party to this Agreement where the objects or results of such action is that work traditionally performed by members of the IBEW will be performed by employees under less favorable terms and conditions than are set forth herein.  No contractor, nor any stockholder of a Contractor, shall directly or indirectly, hold an ownership interest or serve as an officer, director or supervisory employee in any other firm which engages in the performance of electrical contracting work through employees whose wages, fringe benefits, or working conditions are less beneficial than those provided by this Agreement.

Section 2.22(a)   In order to protect and preserve, for the employees covered by this Agreement, all work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership, or any other business entity including a joint venture, wherein the Employer, through its officers, directors, partners or stockholders, exercises either directly, or indirectly, management control or majority ownership, the terms and conditions of this Agreement shall be applicable to all such work.  All charges or violations of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and the final and binding resolution of disputes.

Section 2.22(b)   As a remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial Relations for the Electrical Contracting Industry and/or an independent arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement any delinquent contributions to such funds which have resulted from the violations.  Provision for this remedy herein does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement.

Section 2.22(c)   If, as a result of violations of this Section, it is necessary for the Union and/or Trustees of the joint trust funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountant’s and attorneys’ fees incurred by the Union and/or fund trustees, plus cost of the litigation, which have resulted from bringing of such court action.

Section 2.23   The Employer recognizes the Union as the sole and exclusive Representative of all its employees performing Electrical Construction Work within the jurisdiction of IBEW Local Union 640 (the Union) for the purpose of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment.

The Employer understands that the Local Union’s jurisdiction - both Trade and Territorial - is not subject for negotiations, but rather is determined solely within the IBEW by the International President and therefore, agrees to recognize and be bound by such determinations.

Section 2.24    An employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees employed in that Local Union's jurisdiction into this Local's jurisdiction and up to two bargaining unit employees per job from that Local's jurisdiction to this Local's jurisdiction for specialty or service and maintenance work. All charges of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of this agreement for the handling of grievances with the exception that any decision of a local labor-management committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

Section 2.25(a)   Within a period of five (5) days following the award of an electrical contract of FIVE HUNDRED THOUSAND DOLLARS ($500,000) or more, the Electrical Contractor who is awarded the contract shall notify the Local Union office as to the location of the jobsite and type of construction, the approximate number of workmen needed, and the tentative start date of the job.

Section 2.25(b)   Further, all contractors will comply with the filing of Federal Forms WD-10, #653 and #654, and any form required by the State of Arizona to comply with Federal Davis-Bacon and Arizona prevailing wage laws.  This shall be done semi-annually or upon request in the event of a need to have a more current survey of wages to comply with the industry needs.

Section 2.26    The parties to this agreement recognize that to meet the needs of our customers, both Employer and Employee must meet the highest levels of performance, professionalism, and productivity.  The Code of Excellence has proven to be a vital element in meeting the customers’ expectations.  Therefore, each IBEW Local Union and NECA Chapter shall implement a Code of Excellence Program.  The program shall include minimum standards as required by the IBEW and NECA.

ARTICLE III
Hours - Wages - Payment - Working Conditions

Section 3.01(a)   Eight (8) consecutive hours worked between the hours of 7:00 a.m. and 3:30p.m. with a thirty (30) minute lunch period, shall constitute a regular workday.  Five (5) consecutive days, Monday through Friday inclusive, shall constitute a regular work week of forty (40) hours, except apprentices are subject to the rules and regulations as set forth by PEJATC.

Section 3.01(b)   In order to coordinate with other crafts, summer hours, customer requests and the like, the starting time in Section 3.01(a) for each job shall be subject to a variance of not more than two and one-half (2 ½ ) hours.  Advance notice to the Union Office will be required to confirm any such variance from the starting time listed in Section 3.01(a).  These alternative starting times must run for a minimum of five (5) consecutive workdays and all other times listed in this Agreement will shift accordingly, including the thirty (30) minute lunch period, which shall begin between the start of the fourth (4^th) hour and the end of the sixth (6^th) hour following the chosen starting time.

Section 3.01(c)   The Employer, with 24 hours prior notice to the Union, may institute a work week, consisting of four consecutive ten (10) hour days between the hours of  7:00 a.m. and 6:00 p.m., Monday through Thursday, with one-half hour allowed for a lunch period. Friday may be used as a make-up day, and if utilized, a minimum of eight (8) hours must be scheduled.  After ten (10) hours in a work day, or forty (40) hours in a work week, overtime shall be paid at a rate of one and one-half times (1 1/2X) the regular rate of pay.

Section 3.02(a)   All hours worked, prior to or following, the regular workday, and all hours worked on Saturday, shall be paid at a rate of one and one-half times (1 1/2X) the regular rate of pay.

Section 3.02(b)   No employee shall be replaced on overtime, unless special qualifications are needed that are not available on that given job.

Section 3.03   In the event the Carpenters, and/or Laborers, and/or the Teamsters, and/or the Cement Men, and/or Steamfitters go to a shorter work week, the Employer will open the Agreement to discuss similar action upon two (2) weeks notice by the Union.

Section 3.04   Work performed on Sunday and the following holidays: New Year’s Day, Presidents’ Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving day, the Friday following Thanksgiving, the day before Christmas, and Christmas Day shall be paid at double the straight time rate of pay.  When holidays fall on Saturday, the preceding Friday will be observed as the holiday. When holidays fall on Sunday, the following Monday will be observed as the holiday.

Section 3.05   No work shall be performed on Labor Day except in case of extreme emergencies.  Extreme emergencies shall be defined as protecting life and property.

Section 3.06   When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 a.m. and 4:30 p.m. Workmen on the "day shift" shall be paid at the regular hourly rate of pay for all hours worked.

The second shift (swing shift) shall consist of eight (8) consecutive hours worked between the hours of 4:30 p.m. and 1:00 a.m. Workmen on the "swing shift" shall be paid at the regular hourly rate of pay plus 17.3% for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30 a.m. and 9:00 a.m. Workmen on the "graveyard shift" shall be paid at the regular hourly rate of pay plus 31.4% for all hours worked.

The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at 12:30 a.m. Monday to coordinate the work with the customer's work schedule.  However, any such adjustment shall last for at least a five (5) consecutive day duration unless mutually changed by the parties to this Agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift.  All overtime work required before the established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-­half times the "shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any hour worked.  There shall be no requirement for a day shift when either the second or third shift is worked.

Section 3.07   When any electrical work is necessary to be performed and when performance of such work during the working hours of the day would interfere with the normal operations of the occupant, the workmen shall be paid at the regular hourly rate of pay plus 7.3% for all hours worked (Monday through Friday).  All shifts worked shall be full shifts.  The employee shall have the option to refuse this work with no repercussion from the Employer and no employee will be required to work more than one regular shift at the straight time rate of pay, within any one calendar day.

Section 3.08   Scheduled overtime notices shall be filed in advance by the Employer specifying the project and time involved.  A written confirmation to the Union is required within five (5) working days.

Section 3.09   On unscheduled overtime after two (2) hours work, and every four (4) hours worked thereafter, the Employer shall provide a hot boxed lunch which shall be eaten within 15 minutes with no loss of time to the employee.

Section 3.10   Effective June 21, 2008, the minimum Hourly Pay Rate for all projects shall be as follows:

Apprentice classifications only:

Period                                      OJT Hours                               Wages

1^st                                            1,000                                       55% of JW Rate

2^nd                                            1,000                                       60% of JW Rate

3^rd                                            1,500                                       65% of JW Rate

4^th                                            1,500                                       70% of JW Rate

5^th                                            1,500                                       80% of JW Rate

6^th                                            1,500                                       90% of JW Rate

Effective June 21, 2009, the agreement will be open for hourly wage rate only.

Section 3.11(a)    All service men must be within a five (5) mile radius of his shop by quitting time, if he quits at the shop.  A vehicle pulling equipment must be at the shop by regular quitting time (service truck or new construction).

Section 3.11(b)    On jobs lasting a day or more, employees, if instructed the day previous, shall report on the job ready for work at the regular starting time and shall remain on the job until the regular quitting time.

Section 3.11(c)     Employees instructed to report on the job and desiring to use Employer-furnished transportation when such is voluntarily furnished must report at the shop or be picked up en route to the job in sufficient time to be on the job at the regular starting time and remain on the job until the regular quitting time.

Section 3.12     Wages shall be paid weekly, on company time, not later than Friday for work completed through Friday of the previous week.  Not more than five (5) days wages (including payday) shall be withheld at any time.  Wages shall be computed from job or shop check-in and job or shop checkout time or its equivalent.  Payroll checks shall be written on a local bank.  A workman who has not received his wages by the regular payday shall not return to work the following day.  In the event he is not paid off, waiting time at the regular straight time rate shall be charged until payment is made, but waiting time is not to exceed eight (8) hours in any one twenty-four (24) hour period. 

Section 3.13(a)        It will be the responsibility of the employees to ascertain whether or not they are to report to work when weather conditions are such to create a doubt as to whether or not the job can be worked.  When a telephone is not available at the shop or job, it shall be the responsibility of the Employer or his representative to notify the employee in sufficient time to arrive at the shop or job at the scheduled starting time.  When men are directed to report to a job and do not start work because of lack of materials or other conditions beyond their control, they shall receive two (2) hours pay.  The Employer may require the men to remain on the job and perform such work as can be done inside during this period.

Section 3.13(b)    Any man reporting to work at the regular starting time and being notified that his employment is terminated prior to the commencement of working, and having worked the previous day until quitting time and not having been notified by quitting time of such termination shall receive not less than two (2) hours wages in order to gather his tools and personal belongings and shall be paid off in full immediately.

Section 3.14    When men are laid off because of lack of work, job completion or cutbacks, the employees being laid off shall be notified in sufficient time to gather their tools and be ready to quit at the appointed quitting time.  The Steward shall be notified immediately.

Section 3.15    Any workman laid off or discharged shall be paid his wages immediately.

Section 3.16    When men are terminated, they shall be given a slip stating the reason for such termination. These slips will be furnished by the Union in triplicate with a copy being forwarded to the Local Union by mail.

Section 3.17    On all jobs during the time that four (4) or more Journeyman Wiremen are working on a job, a Foreman shall be designated by the Contractor.  The use of sub-foremen will be at the discretion of the Employer.

Section 3.18    On jobs having a foreman or general foreman, employees are not to take directions, orders or accept any layouts or job from anyone other than his immediate supervisor, nor shall such employees be laid off or terminated by anyone except his immediate foreman. All sub-foremen, foremen and general foremen shall be employees who have passed a Journeyman Wireman examination given by a duly constituted Local Union of the IBEW.

Section 3.19    Where pipe cutting and threading machines are used that require a full-time operator, he shall be a Journeyman Wireman.  Apprentices may operate pipe cutting and threading machines but not on a full time basis.  When power heads are used for other than threading of pipe, a deadman’s switch must be used as a disconnecting means.

Section 3.20   Where electrical material is stored on a job in an electrical warehouse and the Employer decided a full-time warehouseman is needed to distribute this material on the job, the first warehouseman shall be a Journeyman Wireman, Construction Wireman, Construction Electrician, or Indentured Apprentice.

A warehouseman on jobs shall perform such duties as directed, but shall not perform work with the tools of the trade, nor install any materials or equipment.  Health & Welfare shall be contributed by a company plan equal to the Local Union 640 Plan or by the Local Union 640 Plan.   If the warehouseman is covered under the Local Union 640 plan, then a warehouseman who has been employed for less than 2000 hours shall receive the lowest tier of health insurance, and a warehouseman who is employed between 2001 and 4000 hours shall receive the second lowest tier of health insurance.  The warehouseman who has been employed for more than 4,000 hours shall receive the full benefit plan. NEBF contributions shall be made in accord with this Agreement.  There shall be no other benefits contributed to. 

 The minimum wage rate for Warehousemen: $10.00 per hour.

Section 3.21    Journeymen will be required to provide themselves with the following tools.  The Employer shall furnish all other necessary tools and equipment.

            Hacksaw Frame       

            Ruler or Tape Measure 6' to 30'                 

            Knife                          

            2 Pliers, adjustable

Keyhole Saw

            Claw Hammer          

            Center Punch            

            9" Level                     

            National Electrical Code, current copy

            8" to 12" Crescent Wrench

            Flashlight

            Tri-Square

            Plumbob

            Wire Strippers

            2-Screwdrivers, flat

            2-Screwdrivers, phillips

            Voltage tester

            Tap Handle to fit Taps, 6/32 thru 1/4-20

            Pliers, Wire cutting

            Tool Pouch and Belt

            Combination open end/box end Wrenches
                        7/16, 3/8, ½, 9/16, 5/8, 3/4"

            3/8" drive Socket Ratchet set
                        7/16, 3/8, ½, 9/16, 5/8, 3/4"

            7 piece nut driver set,
                        3/16, 1/4, 5/16, 11/32, 3/8, 7/16, ½"

            Allen Wrench set,
                        1/8, 3/l6, 1/4, 5/l6, 3/8" 

Section 3.22     Workmen will exercise every effort to protect the Employer’s tools and equipment, and shall install all electrical work in a safe and workmanlike manner in accordance with the applicable code and/or National Electrical Code.

Section 3.23    The Business Manager or Assistant Business Manager of the Union shall be allowed access to any shop or job at any reasonable time where workmen are employed under the terms of this Agreement.  This Section shall not contravene Section 2.20(a).

Section 3.24    The Business Manager of the Union, in the event of a complaint regarding the proper payment of wage or fringe benefit payments, shall have the authority to jointly inspect with the Chapter Manager, the Employer’s Payroll and Fringe Benefit Records pertaining to employees covered by this Agreement. This examination shall be made within 48 hours after request by either party.

Section 3.25    No workman shall use his own automobile, motorcycle, or other vehicle in a manner considered by the Business Manager of the Union to be unfair to the other workmen or against the best interest of the Union.  Should any employee use his personal vehicle to travel from job to job, he shall be compensated therefore at the rate of not less than the IRS Standard Mileage Rate per mile as of December 31 of the previous year, provided no member will be permitted to use his vehicle for the transportation of material or company tools.

Section 3.26    At any time the Employer does not have work for any employee or employees for five (5) consecutive workdays during the normal work week, the Employer must terminate said employee or employees, exclusive of weather conditions only.

Section 3.27   On all jobs employing workmen under the terms of this Agreement where electrical power and/or temporary lighting of 2500 watts or more is being used, and where employees of other crafts are on the jobsite, such electrical power and/or temporary lighting must conform to OSHA standards.

Section 3.28    There shall be no piece work.

ARTICLE IV
Accident and Safety

Section 4.01(a)     In case of injury on the job, each workman shall have the right to choose his own doctor and/or hospital for medical attention.  In no way will the preceding be construed to prevent the injured employee from being compelled to be reviewed by a medical board of the State Compensation Fund.  When an employee is injured on the job and it is required that he leave the job for medical attention, he shall be paid for the time on the day of the injury, providing he is released by medical authorities and returns to the job capable of working.  In the event the employee does not return to the job to work, and is capable of doing so, he will be paid only for the work performed up to the time of injury, and for the time lost while receiving medical attention.  Employees who can verify that they could not return to work because of doctor’s orders or not having been released by medical authorities prior to the end of his regular shift, will be compensated for the remainder of the regular shift.  Responsibility of verification of medical attention rests with the employee.

Section 4.01(b)     All Employers will be required to furnish to the Local Union a current Certificate of Workmen’s Compensation Insurance issued by the insurance carrier or else furnish evidence of coverage if self-insured, as required by the State of Arizona.

Section 4.01(c)     The Employer shall prohibit the use of aluminum ladders to any and all employees covered by this Agreement.

Section 4.02(a)   Where workmen are required to work at a height of thirty-five (35) feet or more on trusses, stacks, towers, tanks, bosons chairs, buckets, scaffolds, or open platforms where the workmen are subject to direct fall or where he has to work from a ladder or other support, he shall be paid an additional one-half (½) of straight time pay.

Section 4.02(b)  Where workmen are required to work under pressured air or in areas where injurious gas, dust or fumes are present in the amount necessitating the use of respirators or gas masks on diversion tunnels or shafts, they shall be paid an additional one-half (½) straight time rate of pay.  It is agreed and understood by both parties hereto that the above Sections are added to this Agreement only to encourage the Employer and the Employee to strive to arrange for the best safety conditions on hazardous work and not to be used promiscuously to obtain an increment of pay by the employees.

Section 4.03   No tools operated by a powder charge will be permitted unless operated by an authorized, trained man who has been properly trained in the use of such equipment which is being operated.  Such authority to train a man in the use of powder actuated tools shall be limited to an individual trained and employed by the manufacturer or approved by the Joint Apprenticeship and Training Committee to instruct.  All powder-charged tools shall meet AMSI requirements.

Section 4.04    The Employer shall provide the following on all jobs:

1. Fresh, clean drinking water and sanitary disposable cups will be available at starting time.  Ice will be available whenever deemed necessary by an agent of the Local Union (Job Steward or Business Agent).
2. Complete First Aid Kit, Johnson & Johnson First-Aid Kit, or equal.
3. Sanitary toilet facilities unless specified to be furnished by others or use of public facilities.
4. Weatherproof lockable place to keep personal tools.

Section 4.05    When a circuit of 277 volts or over cannot be safely de-energized, then as a safety measure two (2) Journeymen must work together.

Section 4.06   When transporting men to and from jobs, protection against the weather shall be furnished by the Employer.  Vehicles used for transporting men shall have ample seating and shall not haul tools, materials, and supplies which would jeopardize the men’s safety.

Section 4.07  Malicious tampering with, destroying of, mutilating and/or removing safety equipment, including hard hats, without permission of the Employer shall be cause for immediate dismissal.

ARTICLE V
Apprenticeship and Training

Section 5.01   There shall be a local Joint Apprenticeship and Training, Committee (JATC) consisting of a total of 6 or 8 members who shall also serve as trustees to the local apprenticeship and training trust.  An equal number of ­members (either 3 or 4) shall be appointed, in writing, by the local chapter of the National Electrical Contractors Association (NECA) and the local union of the International Brotherhood of Electrical Workers (IBEW).

The local apprenticeship standards shall be in conformance with national guideline standards and policies to insure that each apprentice has satisfactorily completed the NJATC required hours and course of study. All apprenticeship standards shall be registered with the NJATC before being submitted to the appropriate registration agency.

The JATC shall be responsible for the training of apprentices, journeymen, installers, technicians, and all others (unindentured, construction wireman, construction electrician, etc.)

Section 5.02   All JATC member appointments, reappointment and acceptance of appointments shall be in writing.  Each member shall be appointed for a 3 Year term, unless being appointed for a lesser period of time to complete an unexpired term.  The terms shall be staggered, with one (1) term from each side expiring each year.  JATC members shall complete their appointed term unless removed for cause by the party they represent or they voluntarily resign.  All vacancies shall be filled immediately.

The JATC shall select from its membership, but not both from the same party, a Chairman and a Secretary who shall retain voting, privileges.  The JATC will maintain one (1) set of minutes for JATC committee meetings and a separate set of minutes for trust meetings.

The JATC should meet on monthly basis, and also upon the call of the Chairman.

Section 5.03   Any issue concerning an apprentice or an apprenticeship matter shall be referred to the JATC for its review, evaluation and resolve; as per standards and policies.  If the JATC deadlocks on any issue, the matter shall be referred to the Labor-Management Committee for resolution as outlined in Article I, of this agreement; except for trust fund matters, which shall be resolved as stipulated in the local trust instrument.

Section 5.04   There shall be only one (1) JATC and one (1) local apprenticeship and training trust.  The JATC may, however, establish joint subcommittees to meet specific needs such as residential or telecommunications apprenticeship.  The JATC may also establish a subcommittee to oversee an apprenticeship program within a specified area of the jurisdiction covered by this agreement.

All subcommittee members shall be appointed, in writing, by the party they represent.  A subcommittee member may or may not be a member of the JATC.

Section 5.05   The JATC may select and employ a part-time or a full-time Training Director and other support staff, as it deems necessary.  In considering the qualification, duties and responsibilities of the Training Director, the JATC should review the Training Director's Job Description provided by the NJATC.  All employees of the JATC shall serve at the pleasure and discretion of the JATC.

Section 5.06   To help ensure diversity of training, provide reasonable continuous employment opportunities and comply with apprenticeship rules and regulations, the JATC, as the program sponsor, shall have full authority for issuing all job training assignments and for transferring apprentices from one employer to another.  The employer shall cooperate in providing apprentices with needed work experiences.  The local union referral office shall be notified, in writing, of all job training assignments. If the employer is unable to provide reasonable continuous employment for apprentices, the JATC is to be so notified.             

Section 5.07   All apprentices shall enter the program through the JATC as provided for in the registered apprenticeship standards and selection procedures.

An apprentice may have their indenture canceled by the JATC at any time prior to completion as stipulated in the registered standards.  Time worked and accumulated in apprenticeship shall not be considered for local union referral purposes until the apprentice has satisfied all conditions of apprenticeship.  Individuals terminated from apprenticeship shall not be assigned to any job in any classification, or participate in any related training, unless they are reinstated in apprenticeship as per the standards, or they qualify through means other than apprenticeship, at sometime in the future, but no sooner than two years after their class has completed apprenticeship, and they have gained related knowledge and job skills to warrant such classification.

Section 5.08  The JATC shall select and indenture a sufficient number of apprentices to meet local manpower needs.  The JATC is authorized to indenture a total number of apprentices not to exceed a ratio of one (1) apprentice to three (3) Journeyman Wiremen normally employed under a collective bargaining agreement.  The JATC shall indenture a larger number of apprentices provided the individuals are entering the program as the result of direct entry through organizing; as provided for in the registered apprenticeship standards.

Section 5.09   Though the JATC cannot guarantee any number of apprentices; if a qualified employer requests an apprentice, the JATC shall make every effort to honor the request.  If unable to fill the request within ten (10) working days, the JATC shall select and indenture the next available person from the active list of qualified applicants. An active list of qualified applicants shall be maintained by the JATC as per the selection procedures.

Section 5.10   To accommodate short-term needs when apprentices are unavailable, the JATC shall assign unindentured workers who meet the basic qualifications for apprenticeship.  Unindentured workers shall not remain employed if apprentices become available for OJT assignment.  Unindentured workers shall be used to meet job site ratios except on wage-and-hour (prevailing wage) job sites.

Before being employed, the unindentured person must sign a letter of understanding with the JATC and the employer-agreeing that they are not to accumulate more than two thousand (2,000) hours as an unindentured, that they are subject to replacement by indentured apprentices and that they are not to work on wage-and-hour (prevailing wage) job sites.

Should an unindentured worker be selected for apprenticeship, the JATC will determine, as provided for in the apprenticeship standards, if some credit for hours worked as an unindentured will be applied toward the minimum OJT hours of apprenticeship.

The JATC may elect to offer voluntary related training to unindentured; such as Math Review, English, Safety, Orientation/Awareness, Introduction to OSHA, First-Aid and CPR.  Participation shall be voluntary

Section 5.11   The employer shall contribute to the local health and welfare plans and to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. Contributions to other benefit plans may be addressed in other sections of this agreement.

Section 5.12   Each job site shall be allowed a ratio of two (2) apprentices for every three (3) Journeyman Wireman as illustrated below.

The first person assigned to any job site shall be a Journeyman Wireman.

A job site is considered to be the physical location where employees report for their work assignments.  The employer's shop (service center) is considered to be a separate, single job site.  All other physical locations where workers report for work are each considered to be a single, separate job site.

Section 5.13   An apprentice is to be under the supervision of a Journeyman Wireman at all times.  This does not imply that the apprentice must always be in-sight-of a Journeyman Wireman.  Journeymen are not required to constantly watch the apprentice.  Supervision will not be of a nature that prevents the development of responsibility and initiative.  Work may be laid out by the employer's designated supervisor or journeyman based on their evaluation of the apprentice's skills and ability to perform the job tasks.  Apprentices shall be permitted to perform job tasks in order to develop job skills and trade competencies.  Journeymen are permitted to leave the immediate work area without being accompanied by the apprentice.

Apprentices who have satisfactorily completed the first four years of related classroom training using the NJATC curriculum and accumulated a minimum of 6,500 hours of OJT with satisfactory performance, shall be permitted to work alone on any job site and receive work assignments in the same manner as a Journeyman Wireman.  An apprentice shall not be the first person assigned to a job site and apprentices shall not supervise the work of others.

Section 5.14   Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating apprentices an appropriate diploma from the NJATC.  The JATC shall encourage each graduating apprentice to apply for college credit through the NJATC.  The JATC may also require each apprentice to acquire any electric license required for Journeymen to work in the jurisdiction covered by this agreement.

Section 5.15   The parties to this Agreement shall be bound by the Local Joint Apprenticeship and Training Trust Fund Agreement which shall conform to Section 302 of the Labor-Management Relations Act 1947 as amended, ERISA and other applicable regulations.

The Trustees authorized under this Trust Agreement are hereby empowered to determine the reasonable value of any facilities, materials or services furnished by either party.  All funds shall be handled and disbursed in accordance with the Trust Agreement.

Section 5.16   All Employers subject to the terms of this Agreement shall contribute the amount of funds specified by the parties' signatory to the local apprenticeship and training, trust agreement.  The current rate contribution is: $.25 per hour for each hour worked. Effective June 21, 2009, the current contribution rate will be at least THIRTY CENTS ($0.30) per hour for each hour worked.  This sum shall be due the Trust Fund by the same date as is their payment to NEBF under the terms of the Restated Employees Benefit Agreement and Trust.

ARTICLE VI
Payments to the National Electrical Benefit Fund

Section 6.01   It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund (NEBF), as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers on September 3, l946, as amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF, the individual Employer will forward monthly to the NEBF’s designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to, or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by the NEBF.  The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee.  The payment and the payroll report shall be mailed to reach the office of the appropriate local collection agent not later than fifteen (15) calendar days following the end of each calendar month.

The individual Employer hereby accepts, and agrees to be bound by the Restated Employees Benefit Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having his Agreement terminated upon Seventy-Two (72) hours notice in writing being served by the Union, provided the individual Employer fails to show satisfactory proof that the required payments have been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the Restated Employees Benefit Agreement and Trust shall also constitute a breach of this Labor Agreement.

Section 6.02   In accordance with the current collection procedures adopted by this and other trust funds under this Agreement, each delinquent Employer shall pay TWENTY PERCENT (20%) of the amount payable or TEN DOLLARS ($10.00), whichever is greater, as liquidated damages.  Interest on unpaid remittances and on delinquency charges will be calculated at the rate of EIGHTEEN PERCENT (18%) per annum from the first day of the month in which they are due until paid.  In addition to any such payments and damages due hereunder, an Employer shall pay reasonable attorney’s fees and court costs incurred to enforce such payments as stipulated damages by a delinquent Employer.

ARTICLE VII
Inside Referral Procedure

Section 7.01   In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interest of employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the Parties hereto agree to the following system of referral of applicants for employment.

Section 7.02    The Union shall be the sole and exclusive source of referral of applicants for employment.

Section 7.03(a)   The Employer shall have the right to reject any applicant for employment.

Section 7.03(b)   An applicant who has never been terminated for cause or received a not eligible for rehire termination, or is not being rejected for cause at the time of hiring shall receive an expense reimbursement of THIRTY DOLLARS ($30.00).  The check will be mailed to the Local Union postmarked no later than 4:00 p.m. the following business day.

Section 7.04   The Union shall select and refer applicants for employment without discrimination against such applicants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions, or any other aspect or obligation of Union membership policies or requirements. All such selection and referral shall be in accord with the following procedure.

Section 7.05    The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

JOURNEYMAN WIREMAN - JOURNEYMAN TECHNICIAN

Group I:    All applicants for employment who have four or more years experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman’s examination given by a duly constituted Inside Construction Local Union of the IBEW, or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee and who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the collective bargaining agreement.

Group II:   All applicants for employment who have four or more years experience in the trade and who have passed a Journeyman Wireman’s examination given by a duly constituted Inside Construction Local Union of the IBEW, or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.

Group III:     All applicants for employment who have two or more years experience in the trade, are residents of the geographical area constituting the normal construction labor market and who have been employed for at least six months in the last three years in the trade in the geographical area covered by the collective bargaining agreement.

Group IV:      All applicants for employment who have worked at the trade for more than one year.

Section 7.06     If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within forty-eight (48) hours from the time of receiving the Employer’s request, Saturdays, Sundays and Holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure but such applicants, if hired, shall have the status of  “Temporary Employees”.

Section 7.07     The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such “Temporary Employees” and shall replace such “Temporary Employees” as soon as registered applicants for employment are available under the Referral Procedure.

Section 7.08   “Normal Construction Labor Market” is defined to mean the following geographical area plus the commuting distance adjacent thereto, which includes the area from which the normal labor supply is secured: Maricopa County, Yavapai County, Coconino County, Mohave County, that part of Navajo County north and west of a line starting where Clear Creek crosses the Coconino-Navajo County line; thence, Clear Creek to Cottonwood Wash; Cottonwood Wash to where it intersects the Navajo Indian Reservation; thence east along the Navajo Indian Reservation line to the intersection with the Navajo-Apache County line, and that part of Pinal County north and west of a line beginning at the point where the Papago Indian Reservation Road No. 15 crosses the Pima-Pinal County line, then extending in a northeastwardly direction on the Papago Indian Reservation Road No. 15 to the intersection with Highway FAS-267; extending north on Highway FAS-267 to the intersection with the Florence Canal; north and east on the Florence Canal to the intersection of the line Second Guide Meridian East; thence north to the Pinal-Maricopa County line.

The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to the appropriate prevailing wage areas under the Davis-Bacon Act to which the Agreement applies.

Section 7.09     “Resident” means a person who has maintained his permanent home in the above defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as his permanent home.

Section 7.10      “Examination” - An “examination” shall include experience rating tests if such examination shall have been given prior to the date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the IBEW.  Reasonable intervals of time for examinations are specified as ninety  (90) days.  An applicant shall be eligible for examination if he has four years experience in the trade.

Section 7.11    The Union shall maintain an “Out-of-Work List” which shall list the applicants within each GROUP in chronological order of the dates they register their availability for employment.

Section 7.12     An applicant who has registered on the “Out-of-Work List” must renew his application every thirty days, or his name will be removed from the “List”.

Section 7.13     An applicant who is hired and who receives, through no fault of his own, work of forty (40) hours or less, shall upon re-registration, be restored to his appropriate place within his GROUP.

Section 7.14(a)   Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in GROUP I in the order of their place on the “Out-of-Work List” and then referring applicants in the same manner successively from the “Out-of-Work List” in GROUP II, then GROUP III, and then GROUP IV.  Any applicant who is rejected by the Employer shall be returned to his appropriate place within his GROUP and shall be referred to other employment in accordance with the position of his GROUP and his place within his GROUP.

Section 7.14(b)   An applicant who is discharged for cause two times within a 12-month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant’s continued eligibility for referral.  The neutral member of the Appeals Committee shall, within three business days, review the qualifications of the applicant and the reasons for the discharge.  The neutral member of the Appeals Committee may, in his or her sole discretion: (1) require the applicant to obtain further training from the JATC before again being eligible for referral; (2) disqualify the applicant for referral for a period of four weeks or longer depending on the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an employee assistance program, if available, for evaluation and recommended action; or (4) retire the applicant to his/her appropriate place on the referral list.

Section 7.14(c)   The only exceptions which shall be allowed in this order of referral are as follows:

a.         When the Employer states bona fide requirements for special skills and abilities in his request for applicants, the Business Manager shall refer the first applicant on the register possessing such skills and abilities.

b.         The age ratio clause in the Agreement calls for the employment of an additional employee or employees on the basis of age.  Therefore, the Business Manager shall refer the first applicant on the register satisfying the applicable age requirements provided, however, that all names in higher priority Groups, if any, shall first be exhausted before such overage reference can be made.

Section 7.15   An Appeals Committee is hereby established composed of one member appointed by the Union, one member appointed by the Employer, or by the Association, as the case may be, and a Public Member appointed by both these members.

Section 7.16    It shall be the function of the Appeals Committee to consider any complaint of any employee or applicant for employment arising out of the administration by the Local Union of Sections 7.04 through 7.15 of this Agreement.  The Appeals Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with by the Local Union.  The Appeals Committee is authorized to issue procedural rules for the conduct of its business but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement, and its decisions shall be in accord with this Agreement.

Section 7.17   A representative of the Employer, or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours.

Section 7.18    A copy of the Referral Procedure set forth in this Agreement shall be posted on the Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement.

Section 7.19    Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the Parties.

ARTICLE VIII
Health & Welfare Trust Fund

Section 8.01 (a)    Effective July 1, 2008, each Employer shall pay the sum of THREE DOLLARS AND SEVENTY-ONE CENTS ($3.71) per hour for each full hour worked by each employee covered hereunder to the IBEW Local 640 Health and Welfare Trust Fund.  Each Employer further agrees to remit the above contribution for all employees for such purposes, together with monies applicable to the Health and Welfare Trust Fund with a combined remittance form supplied to the specified federally bonded depository.

Section 8.02    The payment and the payroll report shall be postmarked no later than the 14^th of the month following the month payment is due.  Payment must be mailed to the proper addresses and other clerical details must be correct, such as signing of the check, correct amount, etc.  Under normal conditions, the payment should be received in the hands of the proper funds on or before the 15^th of the month.

Section 8.03     In accordance with the current collection procedures adopted by this and other trust funds under this Agreement, each delinquent Employer shall pay TEN PERCENT (10%) of the amount payable or TEN DOLLARS ($10.00), whichever is greater, as liquidated damages. Interest on unpaid remittances and on delinquency charges will be calculated at the rate of EIGHTEEN PERCENT (18%) per annum from the first day of the month in which they are due and until paid.  In addition to any such payments and damages due hereunder, Employer shall pay reasonable attorneys’ fees and court costs incurred to enforce such payments as stipulated damages by a delinquent Employer.

ARTICLE IX
Pension Fund

Section 9.01   Effective July 1, 2008, each signatory contractor shall pay the sum of THREE DOLLARS AND THIRTEEN CENTS ($3.13) per hour for each full hour worked by each employee covered hereunder to the IBEW Local 640 and Arizona Chapter NECA Pension Trust Fund.  This sum shall be divided, ONE DOLLAR AND FIVE CENTS ($1.05) per hour worked by covered employees paid to the defined contribution plan known as the IBEW Local 640 and Arizona Chapter, NECA, Inc. Defined Contribution Retirement Plan, and TWO DOLLARS AND EIGHT CENTS ($2.08) per hour worked by covered employees paid to the defined benefit plan known as the IBEW Local 640 and Arizona Chapter NECA, Inc. Pension Trust Fund.

Section 9.02   The payment and payroll report shall be postmarked no later than the 14^th of the month following the month payment is due.  Payment must be mailed to the proper addresses and other clerical details must be correct, such as signing of the check, correct amount, etc.  Under normal conditions, the payment should be received in the hands of the proper funds on or before the 15^th of the month.

Section 9.03   In accordance with the current collection procedures adopted by this and other trust funds under this Agreement, each delinquent Employer shall pay TEN PERCENT (10%) of the amount payable or TEN DOLLARS ($10.00), whichever is greater, as liquidated damages.  Interest on unpaid remittances and on delinquency charges will be calculated at the rate of EIGHTEEN PERCENT (18%) per annum from the first day of the month in which they are due and until paid.  In addition to any such payments and damages due hereunder, an Employer shall pay reasonable attorneys’ fees and court costs incurred to enforce such payments as stipulated damages by a delinquent Employer.

Section 9.04    In conjunction with each annual actuarial valuation of the defined benefit pension plan, the Fund Actuary will provide a projection of the Funding Standard Account (FSA) credit balance based on the market value of plan assets.  In the event that the annual FSA credit balance is projected to reach zero on or before December 31^st of the 10^th year following the valuation date, all contributions due to the defined contribution plan under this Agreement will be transferred to the defined benefit plan effective July 1^st following the release of the actuarial valuation report.  The amount transferred will be limited to the amount listed in the projection necessary to prevent the FSA from reaching a zero balance as noted above.  Such contributions will automatically revert back to the defined contribution plan upon such time as the FSA credit balance is no longer projected to reach zero balance on or before December 31^st of the 10^th year following the valuation date, based on the market value of assets and contributions to the plan without inclusion of the transferred defined contribution plan contributions.

ARTICLE X
Phoenix Electrical Receiving and Administration Fund

Section 10.01   There is hereby established a MANDATORY ONE-CHECK-ONLY method of payment on all trust funds and to include NEBF. Effective September 1, 1997, ALL employers signatory to the Labor Agreements with Local Union 640, IBEW, shall contribute TEN CENTS (.10) per hour for all hours worked including premium and/or overtime hours for all employees covered by the Agreement to the Receiving and Administration Fund.  These monies are specifically for the purpose of administration of the Funds and shall be administered solely by the Arizona Chapter, N.E.C.A. The Administrator of the Receiving and Administration Fund shall be appointed by the Arizona Chapter, N.E.C.A. The Fund or the Administrator of the Fund, shall be solely responsible for enforcement of, or collection of, any delinquent payments to the Fund.

Payments shall be made in accordance with the provisions of Article V, Section 5.16 for Apprenticeship; Article VI, Section 6.01 for the National Electrical Benefit Fund; ARTICLE VIII, SECTION 8.01 FOR HEALTH AND WELFARE, IN ITS ENTIRETY; ARTICLE IX, SECTION 9.01 FOR PENSION, IN ITS ENTIRETY; ARTICLE XII, SECTION 12.01 FOR NLMCC; ARTICLE XIII, SECTION 13.03 FOR LMCC AND THE SUBSTANCE ABUSE AS ESTABLISHED BY THE ARIZONA CHAPTER NECA AND THE TEMPORARY JATC BUILDING FUND SET TO EXPIRE ON JUNE 20, 2011.  The check shall be mailed to the Phoenix Electrical Receiving and Administration Fund, 4315 North 12 Street, Suite 100, Phoenix 85014, not later than fourteen (14) calendar days following the end of each month.

When applicable, N.E.C.A. monthly dues and service charges shall be included on the check.

All monies received will be credited to the Apprenticeship Fund, Health and Welfare Fund, Pension Fund, and NEBF accounts, and will be paid in accordance with the Trust Agreement, provided herein.

All interest accrued by these monies will be accredited to each appropriate fund, quarterly.  No part of the funds collected under this trust shall be used for any purpose which is held to be in conflict with the interests of, or a manner detrimental to, the International Brotherhood of Electrical Workers and its Local Unions.

ARTICLE XI
Industry Fund

Section 11.01   Each individual Employer shall contribute an amount not to exceed ONE PERCENT (1%) nor less than .2 of 1% of the productive electrical payroll, as determined by each local Chapter and approved by the Trustees, with the following exclusions:

1. Twenty-five percent (25%) of all productive electrical payroll in excess of 75,000 man-hours paid for electrical work in any one Chapter area during any one calendar year but not exceeding 150,000 man hours.
2. One hundred percent (100%) of all productive electrical payroll in excess of 150,000 man-hours paid for electrical work in any one Chapter area during one calendar year. 

(Productive electrical payroll is defined as the total wages (including overtime) paid with respect to all hours worked by all classes of electrical labor for which a rate is established in the prevailing labor area where the business is transacted.)

Payment shall be forwarded monthly to the National Electrical Industry Fund in a form and manner prescribed by the Trustees no later than fifteen (15) calendar days following the last day of the month in which the labor was performed.  Failure to do so will be considered a breach of this Agreement on the part of the individual Employer. 

ARTICLE XII
National Labor-Management Cooperation Fund (NLMCC)

Section 12.01   The parties agree to participate in the NECA-IBEW National Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. subsection 175 (a) and Section (c) (9) of the Labor-Management Relations Act, 29 U.S.C., subsection 186(c)(9).  The purposes of this Fund include the following:

1.                  to improve communication between representatives of Labor and Management;

2.                  to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;

3.                  to assist workers and Employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;

4.                  to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry;

5.                  to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry;

6.                  to encourage and support the initiation and operation of similarly constituted local Labor-Management cooperation committees;

7.                  to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production;

8.                  to engage in public education and other programs to expand the economic development of the electrical construction industry;

9.                  to enhance the involvement of workers in making decisions that affect their working lives; and

10.              to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.

Section 12.02     The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and amendments thereto and any other of its governing documents.  Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said Agreement and Declaration of Trust.

Section 12.03     Each Employer shall contribute ONE CENT (.01) per hour worked under this Agreement up to a maximum of 150,000 hours per year.  Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed.  The Arizona Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 12.04    If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance.  In the event the Employer is in default, the Employer shall be liable for a sum equal to FIFTEEN PERCENT (15%) of the delinquent payment, but not less than the sum of TWENTY DOLLARS ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments.  Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of   TEN PERCENT (10%) per annum until paid.  The Employer shall also be liable for all costs of collecting the payment together with attorney’s fees.

ARTICLE XIII
Labor Management Cooperation Fund (LMCC)

Section 13.01   The parties agree to participate in a Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor-Management Cooperation Act of 1978, 29 U.S.C. § 175(a) and Section 302(c)(9) of the Labor-Management Relations Act, 29 U.S.C. §186(c)(9).  The purposes of this Fund include the following:

1. to improve communication between representatives of labor and management;
2. to provide workers and employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;
3. to assist workers and employers in solving problems of mutual concern not susceptible to resolution within the collective bargaining process;
4. to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the construction industry;
5. to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry;
6. to engage in research and development programs concerning various aspects of the industry, including, but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production;
7. to engage in public education and other programs to expand the economic development of the electrical construction industry;
8. to enhance the involvement of workers in making decisions that affect their working lives; and
9. to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.

Section 13.02    The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents.  Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the LMCC, as provided in said Agreement and Declaration of Trust.

Section 13.03    Each Employer shall contribute TWO CENTS ($.02) per hour for each full hour worked by each employee covered under the terms of this Agreement.  Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed.  The Arizona Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 13.04   If an Employer fails to make the required contributions to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure compliance.  In the event the Employer is in default, the Employer shall be liable for a sum equal to FIFTEEN PERCENT (15%) of the delinquent payment, but not less than the sum of TWENTY DOLLARS ($20.00), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments.  Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of TEN PERCENT (10%) per annum until paid.  The Employer shall also be liable for all costs of collecting the payment together with attorneys’ fees.

ARTICLE XIV

SUBSTANCE ABUSE

Section 14.01  The dangers and costs that alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant.  The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component.  The local parties recognize that the implementation of a drug and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations.  Such policies and programs must also be administered in accordance with accepted scientific principles, and must incorporate procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and confidentiality.  To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse Testing Policy.  The policy shall include minimum standards as required by the IBEW and NECA.  Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the requirements of those laws and regulations.

Therefore, the Parties to this Agreement have developed a Substance/Drug Abuse Memorandum, covering all employers and employees, called Arizona Chapter NECA/IBEW Local 640 Drug-free Workplace Program.

SEPARABILITY CLAUSE

Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, such provision shall immediately become null and void, leaving the remainder of the Agreement in full force and effect and the parties shall, thereupon, seek to negotiate substitute provisions which are in conformity with applicable laws.

THIS AGREEMENT IS SUBJECT TO APPROVAL OF THE PRESIDENT OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS.

FOR LOCAL UNION 640, IBEW                FOR ARIZONA CHAPTER, NECA

__Signed 6/30/08______________                ____Signed 6/30/08______________

Dean Wine, Business Manager              Debra Margraf, Executive Director

Date ______________                                    Date _____________