BLS Contract Collection – Metadata Header This contract is provided by the Martin P. Catherwood Library, ILR School, Cornell University. The information provided is for noncommercial educational use only. Some variations from the original paper document may have occurred during the digitization process, and some appendices or tables may be absent. Subsequent changes, revisions, and corrections may apply to this document. For more information about the BLS Contract Collection, see http://digitalcommons.ilr.cornell.edu/blscontracts/ Or contact us: Catherwood Library, Ives Hall, Cornell University, Ithaca, NY 14853 607-254-5370 ilrref@cornell.edu Contract Database Metadata Elements (for a glossary of the elements see - http://digitalcommons.ilr.cornell.edu/blscontracts/2/) Title: New England Mechanical Contractors Association, Inc. and United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada (PPF), AFL-CIO, Local 537 (2002) K#: 8707 Employer Name: New England Mechanical Contractors Association, Inc. Location: MA Boston Union: United Association of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada (PPF), AFL-CIO Local: 537 SIC: 1711 NAICS: 23822 Sector: P Number of Workers: 2000 Effective Date: 09/01/02 Expiration Date: 08/31/06 Number of Pages: 37 Other Years Available: Y For additional research information and assistance, please visit the Research page of the Catherwood website - http://www.ilr.cornell.edu/library/research/ For additional information on the ILR School, http://www.ilr.cornell.edu/ 1 i - s-02 ; i 2 : O S P M ;Pipef Itters l_u 537 6 1 7 7 S 7 S 3 7 3 KZ707 F» ASSISTANT BUSINESS MANAGER LOCAL UNION 537 PRESIDENT DANA J. KELLY 35 TRAVIS STREET THOMAS P. KERR JR. BUSINESS AGENTS THOMAS P. MacKAY ALLSTON, MASSACHUSETTS 02134 VICE PRESIDENT MARK CONSTANTINO ROBERT W. MULLEN Telephone 617-787-5370 . • Fax 617-787-5373 ORGANIZER REFRIGERATION DIVISION BUSINESS MANAGER/ FINANCIAL SECRETARY TREASURER WILLIAM C. YOUNG JR. C.DANIEL WATTS ROBERT D. O'TOOLE To Whom It May Concern: August 30, 2002 On Thursday August 29, 2002 the United Association, Pipefitters Local 537, the New England Mechanical Contractors, (NEMCA) and the Air Conditioning and Refrigeration Contractors Association (ARCA) of Boston reached an agreement on the following four year contract September 1, 2002 to August 31. 2006. Total 4-year contract - $12.00. First Year 9/1/2002 to 2/2S/2003 $1.50 Wages 3/1/2003 to 8/31/2003 S1.50 Wages Second Year 9/1/2003 to 2/29/2004 $1.50 Wages 3/1/2004 to 8/31/2004 $1.50 Wages Third Year 9/1/2004 to 2/28/2005 $1.50 Wages 3/1/2005 to 8/31/2005 $1.50 Wages Fourth Year 9/1/2005 to 2/28/2006 $1.50 Wages 3/1/2006 to 8/31/2006 $1.50 Wages Institute the following on 9/1/2002 Vacation Fund: There are three (3) options available for vacation money to be withheld from the employees' pay: 1) No money taken out, 2) One ($1.00) dollar per hour taken out after taxes and 3) Two ($2.00) dollars per hour taken out after taxes. Only one declaration of the options can be taken when initially hired, or in the month of January in each calendar year. ARCA Agreement, Article XV. Section 3 a) Change thirty ($30.00) dollars per day to forty-five ($45.00) dollars per day for meals and change thirty ($30.00) dollars to forty-five ($45.00) dollars per day for lodging. A total of ninety ($90.00) dollars per day, seven (7) days per week. b) Change thirty ($30.00) dollars.per day to forty-five ($45.00) per day. ARCA Agreement, Article 6, Section I Fourth sentence down, eliminate the words "any new". Continued Page Two 50 i i - e-0 2 ; 1 2 : O B P M ;Pipef Itters L.u 537 ; S 1 7 7 6 7 5 3 7 3 # 4 / 4 ASSISTANT BUSINESS MANIGER PRESIDENT DANA J. KELLY 35 TRAVIS STREET THOMAS P. KERR JR. BUSINESS AGENTS VICE PRESIDENT THOMAS P. MacKAY ALLSTON, MASSACHUSETTS 02134 MARK CONSTANTINO ROBERT W. MULLEN Telephone 617-787-5370 . • Fax 617-787-5373 ORGANIZER REFRIGERATION DIVISION BUSINESS MANAGER/ FINANCIAL SECRETARY TREASURER WILLIAM C. YOUNG JR. C.DANIEL WATTS ROBERT D. OTOOLE NEMCA Agreement In the event that the Union should enter into any Agreement with any Employer which contains any terms or conditions more favorable or advantageous terms and conditions than those contained herein, then such more favorable or advantageous terms and conditions shall, at the option of the Employer herein, be deemed to be incorporated herein. NEMCA Agreement, Article 7,Rule 6 When traveling outside the jurisdiction of Local 537 the approved IRS mileage rate will apply. For purposes of clarification, the mileage will be calculated from the Massachusetts State House to the City or Town Hall of the employee's destination. This expense is above and beyond the travel expense for jobs within the jurisdiction of Local 537. NEMCA Agreement, Article n . Section 6-b Foreman shall be paid a minimum of Two dollars and fifty cents ($2.50) over the Journeyman's rate. Power Plants, Gas Plants — As per Area Practice General Foreman-25%, Area foreman- 15%, Foreman-10% Institute the following on 9/1/04 NEMCA Agreement. Article 7, Rule 6, Travel Change from eight ($8.00) dollars to eleven ($11.00) dollars effective September, 2004. Sincerely, Robert D. O'Toole ( .Leo Reed Sr Thomas Gi Business Manager Executive Vice President Executive Director Secretary-Treasurer New England Mechanical Air & Refrigeration Contractors Association Contractors Associations cajjjigg^fl 50 1i— S-02;iZ:OSPM;PlpefItters Lu 537 ;E177875373 # 2 / 4 l^irSfe?;*:'- •**«"»•'. ASSISTANT BUSINESS MANAGER DANA J. KELLY PRE5I0ENT £ :: ,v< 35 tRAVIS STREET . ••; ' THOMAS P. KERR JR.- BUSINESS AGENT5 THOMAS P. MacKAY I. ALLStoN, MASSACHUSETTS 02134 s-- VIMPHESIDENT ROBERT W. MULLEN Telephone^^aT^SS/^v,,. . • . .X Far 6;ifr7o7-5373 MARK CONSTANTINO OROAWZER REFRIGERATION DIVISION BUSJMriS'MAiWl^ftfFiNANCtALSrcHeTABVTflEASUflgfl C.DANIEL WATTS WILLIAM C. YOUNG JR. V ROBERT D. pTOOLl ••- n August 30, 2002 To Whom It May Concern: Below is a breakdown of the new wage and fringe package effective September 1, 2002 through February 28, 2003 in the Joint Agreement between the New England Mechanical Contractors Association Air Conditioning Refrigeration Contractors-of Boston, and Pipefitters Local Union No. 537. 9-1-2002 to 2^28/03 Apprentice Rate - No Pension First Year Wages S34.86 1st year - 40% $13.94 Pension $ 4.29 2nd year -45% $15.69 Health & Welfare $ 4.20 3rd year -60% $20.92 Annuity $ 4.00 4th year - 70% $24.40 Industry Improvement $ .20 5th year-80% $27.89 Education $ .30 Labor/Mgt. Trust Fund $ .55 S48.40 Deduction from Wages Temporary Heat Dues Deduction $ .47 £0% rate $20.92 Organizing Fund $ .05 O.T. (1 'A times) $31.38 C.O.P.E. $ .01 Vacation Fund *See Note $8.00 per day travel expenses Public Relations $ .03 •Note: There are three options available for vacation money being withheld from employees* pay 1) No money taken out 2) One dollar ($ 1.00) per hour taken out after taxes 3) Two dollars ($2.00) per hour taken out after taxes. Only one declaration of the options can be taken when initially hired or in the month of January of each calendar year. Please notify your payroll department to make the necessary adjustments on the wage and fringe reportine forms. * Sincere KU& V&L Robert D.O'Toole Business Manager Fin. Secretary-Treasurer <3^jgg&»5D Daily Labor Report -Boston Plumbers, Fitters Ratify Contract . J-. - .,* Page 1 of 3 rw Search ] [%| Contents j \{%101 BNA, Inc. Daily Labor REPORT No. 175 PageA-6 Tuesday, September 10, 2002 ISSN 1522^5968 News Construction Boston Plumbers, Fitters Ratify Contract Upping Wage/Benefit Levels Over Four Years Union-represented plumbers and pipe fitters in Boston and western Massachusetts have approved new four-year agreements that increase wages and benefits by a total of $1.50 per hour every six months for about 3,300 workers, according to union and contractor association reports. Separate agreements for the same economic increase were negotiated by United Association of Plumbers and Pipe Fitters Local 12, representing plumbers, with the Greater Boston Plumbing Heating and Cooling Contractors. The agreement covering Pipe Fitters Local 537 was negotiated with the^New England Mechanical Contractors Association. Plumbers and pipe fitters in western Massachusetts, whose contract expired July 31, are working under a new four-year, $9 per hour contract for a 24 percent over-term wage and benefit increase. Plumbers Take Increase in Wages for Now Kevin Cotter, business manager for Plumbers Local 12, Sept. 5 said all of the initial $1.50 per hour increase went to wages, effective Sept. 1, for a new journey level wage of $34.72 per hour. Allocation of the initial increase between wages and benefits will be determined later by local members, he said. Rank-and-file ratification took place Aug. 29. Continued unchanged are employer benefit contributions totaling $13.73 per hour worked as follows: $4.72 to the health and welfare fund, $4.48 to the local pension fund, $3.08 to an annuity; 45 cents to the apprenticeship fund, 75 cents to a labor-management trust, and 25 cents to the industry promotion fund. The initial $1.50 increase raised the wage and benefit package to $48.45 per hour or about 3.2 percent in the first six months and about 24 percent over term not compounded. Distribution of future increases between wages and benefits will be determined when the increases take effect. Among language changes approved in the new agreement is a "13th check" for retirees that supplements their regular monthly benefit, a benefit Cotter said will be "exclusively funded by the members." The foreman differential also increased $1 to $2.50 per hour over the journey level rate, he said. Travel pay increases from $5 to $8 a day in September 2004. Workers at the journeyman level are required to take at least 20 hours of upgrade training over the life of the contract and complete the Occupational Safety and Health Administration http://pubs.bna.com/ip/BNAydlr.nsf/is/a0a5y0g8x2 9/10/02 'Daily Labor Report.- Boston Plumbers,' Fitters Ratify Contract .,<* . • r.„ . ;- Page 2 of 3 10-hour safety training. Cotter said most members already have done this voluntarily. This and other contract adjustments aimed at improving workplace safety were added to the agreement, according to Cotter. About 1,100 plumbers and gas pipe fitters are covered by the agreement negotiated by PHCC on behalf of about 60 employers, he said. The work picture for Plumbers in Boston remains good, Cotter said, with about four years left on the Big Dig project, a new football stadium, and plenty of jobs on pharmaceutical and housing projects. Similar Terms for Fitters ^Pipe Fitters Local 537 in Boston settled on the same $12 per hour, four-year contract with slightly different terms covering about 1,500 local fitters and 700 travelers, according to Leo Reed, executive vice president of the MCA chapter. As with Local 12, Fitters in Local 537 took all of the initial $1.50 increase in wages for a new journey rate of $34.86 per hour, Reed said. Continued unchanged are employer benefit payments totaling $13.54 per hour worked as follows: $4.20 to the health and welfare fund, $4.29 to the local pension fund, $4 to an annuity, 30 cents to the apprenticeship fund, 55 cents to a labor-management trust, and 20 cents to an industry promotion fund. The percentage increases are about the same as for the plumbers. Matching the plumbers, the daily travel pay allowance for fitters will increase $3 to $11 in the third year of the contract. Several new language changes were agreed to, Reed said, that "will help employers." New "most favored nations" language was approved that allows local signatory employers to employ Local 537 members under rates more favorable to employers under a national or project agreement being used in the geographic area. Journeyman upgrade and safety training language that now is mandatory for plumbers in Boston is encouraged but not required for fitters. Local 537 members are encouraged to take the OSHA 10-hour safety training, Reed said, estimating that about 60 percent of local members already have completed the program. Adjustments were made in the apprentice program language to increase the caliber of applicants, Reed said. Negotiations this year were described by Reed as "difficult" because of the sustained strong demand for construction services in the area, including at least two more years of work on two power plant projects. Further evidence of the demand for pipe fitters, Reed said, is the relatively large number of travelers. Local 537 members were expecting even greater increases, he said, with an eye on higher UA settlements in other parts of the country. Reed praised Local 537 business manager Bob O'Toole for "doing much homework with his members" to demonstrate that the increase negotiated in the contract was "more than fair." Reed said about 40 mechanical construction firms were represented by MCA in the negotiations. Representatives of Local 537 could not be reached for comment. ^ By Brian Lockett http://pubs.bna.com/ip/BNA/dIr.nsf/is/a0a5y0g8x2 9/10/02 K27C7 JOINT AGREEMENT BETWEEN THE NEW ENGLAND MECHANICAL CONTRACTORS ASSOCIATION INCORPORATED AND LOCAL UNION 537 OF THE UNITED ASSOCIATION OF PIPEFITTERS AND APPRENTICES OF BOSTON AND VICINITY September 1,1999 - August 31, 2002 <^|||£i>SO WAGE AND FRINGE BENEFITS 9-1-99 Wages $29.46 Pension 4.14 Health & Welfare 4.20 Annuity 3.10 Industry Improvement .20 Education .25 Labor / Management Trust Fund .55 Total $41.90 'Denotes increase subject to olher designated allotments. Deductions After Taxes: Dues .47 Organizing Fund .05 C.O.P.E. .01 Vacation Fund ,50 Public Relations .03 See Article IV, for additional wage and fringe information. Three Years Total $6.05 - See note 1 September 1, 1999 1.25 Wages 1.20 Industry Improvement Fund .05 March 1. 2000 1.00 Wages* .50 Education Fund .05 Pension .15 Annuity .30 September 1, 2000 1.00 Wages' 1.00 March 1, 2001 1.00 Wages' 1.00 September 1. 2001 1.00 Wages* 1.00 March 1.2002 1.00 Wages* 1.00 Note 1: Three year contract 9/1/1999 to 8/31/2002. total monies $6,05 plus (additional S.20 m wages was reallocated from Labor/ Management Fund. Note 2: 9/1/2001 - increase travel expense from S5.00 per day to $8,00 per day, 2 Index Article Recognition Page WAGE AND FRINGE RATES 2 DURATION "2 PREAMBLE '....- 4 AGREEMENT 4 I RECOGNITION 5 U HIRING OF MEN 7 III JOINT TRADE BOARD 8 IV FRINGES f~ 9 HEALTH AND HOSPITALIZATION TRUST FUND 10 PENSION TRUST FUND 10 DEFERRED INCOME ANNUITY \l. 11 EDUCATION TRUST FUND 11 VACATION TRUST FUND 11 POLITICAL ACTION FUND, ORGANIZING FUND, DUES 'C'HECK OFF ..11 INDUSTRY IMPROVEMENT FUND 12 PAYMENTS OF'CONTRIBUTIONS 12 V APPRENTICES 13 VI TEMPORARY HEAT 14 VII PAYMENT OF WAGES 15 HOLIDAYS 16 TRAVEL EXPENSE 17 VIII RULES..; 17 DECISIONS 19 IX LEGALITY 22 X DUTIES 22 TRADE LINE AGREEMENT 24 MARKET RECOVERY PLAN 30 INDIVIDUAL ASSENT 31 3 Preamble This Agreement made on the first day of September, 1999, by and between the NEW AND MECHANICAL CONTRACTORS ASSOCIATION INCORPORATED, hereinafter designated "EMPLOYER" and LOCAL UNION No. 537 OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, is entered into for the purpose of establishing fair, uniform and settled conditions between said parties; facilitating the adjustment of grievances and disputes which may arise between the employer and the mechanics in the pipefitting trade and adequate and proper installation of heating, cooling, air conditioning and systems. This Agreement is binding upon both parties through their committees appointed for the purpose. Agreement AGREEMENT made as of the first day of September, 1999, by and between the NEW ENGLAND MECHANICAL CONTRACTORS ASSOCIATION, INCORPORATED, herein after referred to as "Association", on behalf of all its members, and those contractors who have in writing, authorized the Association to serve as Collective Bargaining Agent, whose principal and/or usual place of business is within the territory of Local Union No. 537 (including such as may become members thereof during the life of this Agreement) hereinafter designated as the "EMPLOYERS" or "EMPLOYER" and LOCAL UNION No. 537 OF THE UNITED ASSOCIATION OF PIPEFITTERS OF BOSTON AND VICINITY OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, AFL-CIO. hereinafter referred to as the "UNION" {which term shall refer to the members of the Union collectively or individually where the context so requires or admits). NOTE: Any reference to he/him/his shall be construed as either gender. This Agreement shall become binding upon both parties when the Presidents and Secretaries of the Association and the Union have signed it in duplicate, and will expire August 31, 2002. This Agreement which is in force and effect until August 31, 2002, shall automatically renew itself for an additional period of one (1) year from the termination date hereof unless either party serves written notice upon the other sixty (60) days prior to its expiration date requesting that it be amended or terminated. The other party shall reply to any demands or requests contained in such notice at least thirty (30) days prior to the expiration date of this Agreement. 4 WITNESSETH: WHEREAS, the purpose and intent of this Agreement is: (a) To establish and set forth rules and regulations to govern employment, wage scale, craftsmanship, qualifications and working conditions of Journeymen, Apprentices, and (b) To encourage close cooperation and better understanding between the Employer, employee-members of this particular craft, to the end that a satisfactory, continuous and harmonious labor relationship will exist between both parties to this Agreement. NOW, THEREFORE, it is mutually covenanted and agreed as follows: ARTICLE I Recognition SECTION 1. The Union is the sole collective bargaining agency for Journeymen, and Apprentices, performing the work of erecting, installing, joining together, dismantling, adjusting, altering, repairing, maintaining and servicing any and all types of heating, pipe laying, piping, refrigeration and air conditioning systems and equipment for any and all purposes in the territory in which the Union has been or may hereafter be granted jurisdiction over such work by the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, AFL-CIO. SECTION 2. All employees covered by this Agreement who are employees of the Employer on the date of execution and delivery of this Agreement, if not already members of the Union, and all new employees shall become members of the Union in good standing not later than seven (7} days from said date or from their date of hire, whichever is the later, and all such employees, including those already members of the Union, shall thereafter continuously remain such members in good standing as a condition of their continuous employment hereunder. SECTION 3. (a) The Union agrees to accept into membership, without discrimination because of age, race, creed, color, sex or national origin, all employees, who, by the terms of this Agreement, are required to become and remain members of the Union as a condition of their continued employment hereunder, provided they meet the standards and qualifications for admission and except for expelled, suspended or otherwise disciplined members of the Union. If the Union shall decide not to admit as members any employee deemed not qualified for admission into the Union or if the Union shall elect not to readmit any expelled, suspended or otherwise, disciplined members, then the Union agrees that all such employees or members which it declines to admit into membership or to readmit or reinstate, may continue to be employed hereunder without becoming and remaining members of the Union, in good standing. (b) Whenever the Union shall charge that any employee covered by this Agreement and acceptable has failed to become or remain a member in good standing in the Union, as required by this Agreement, such charge 5 and a request by the Union for the discharge of such employee shall be made in writing by registered mail, return receipt requested, to the Employer, and such written charge and request shall be signed by the Business Agent and Secretary-Treasurer of the Union. The Employer shall have fourteen (14) days after receipt of such written charge and request executed as aforesaid within which to comply with this Agreement by discharging such employee and if the Employer fails or refuses to discharge such employee within said fourteen (14) day period, then the Union may, at its option, submit the charge and request shall be signed by the Business Manager to arbitration, as provided in this Agreement. If the Employer fails or declines to join with the Union in submitting said issue to arbitration, then such failure or refusal on the part of the Employer shall be deemed to release the Union from any and all obligation to comply with the no strike articles and provisions of this Agreement with reference to the individual Employer member involved. SECTION 4. For all new employees there shall be a trial period of seven (7) calendar days within which the Employer may for any reason the Employer deems good and sufficient, discharge such employees, and there shall be no recourse therefor under tnis Agreement. SECTION 5. The direction of working forces and the operation of the business, including the right, subject to the provisions herein set forth and without limiting the generality of the foregoing, to hire, discharge, transfer within its own organization or relieve employees from duty, is vested exclusively in the Employer, provided there is no violation of the provisions of this Agreement. SECTION 6. A journeyman shall mean a heating, piping, refrigeration and air conditioning mechanic who has been actually engaged in learning and working at the trade of installing and servicing heating, pipe laying, piping, refrigeration and air conditioning systems and equipment for a period of five (5) years or more and who has proven his ability to perform requisite mechanical work relating to the construction, installation, service or maintenance of heating, piping, refrigeration and air conditioning systems and equipment by obtaining the approval of the Joint Hiring Committee. The Joint Hiring Committee is authorized to alter the aforementioned requirements of five (5) years or more of actual learning and working experience in the event an employee is determined to be otherwise qualified to become a Journeyman. All employees currently recognized as Journeymen shall continue as such. SECTION 7. An Apprentice shall mean a person who is engaged in learning and assisting in the trade of installing and servicing any and all types of heating, pipe laying piping, refrigeration and air conditioning systems and equipment under the apprenticeship program and who does not qualify as a Journeyman. SECTION 8. Employees who do not qualify as Journeymen or Apprentices under the provisions of Section 6 and 7 of this Article shall be considered for acceptance as Journeymen Metal Tradesmen or Apprentice Metal Tradesmen, as the case may be. • 6 ARTICLE II Hiring of Men SECTION 1. Qualified Craftsmen. Employees shall only employ qualified journeymen pipefitters. Journeymen pipefitters shall be qualified for employment who have had at least five (5) years actual practical working experience at the pipefitting trade as a journeyman or apprentice in the building and construction industry and who either: (a) Have successfully served an apprenticeship at the trade under an apprenticeship program approved by the United States Bureau of Apprenticeship and Training or State Division of Apprentice Training. (b) Have previous employment as a journeyman pipefitter with a signator to this Agreement and whose services have proved satisfactory, or (c) Have successfully passed any competency examination that adequately tested the degree of skill and training necessary to be a competent journeyman pipefitter. Any question as to what constitutes a "competency" examination shall be resolved by the Joint Hiring Committee hereinafter established under this Agreement. SECTION 2. Hiring. Qualified journeymen can solicit their own jobs and employers shall have freedom of selectivity in hiring qualified journeymen and may hire at job site. Employers may call the Union for qualified journeymen pipefitters. Whenever an employer decides to obtain journeymen pipefitters from the Union on any job, he shall notify the Local Union office, either in writing or by telephone, stating the location, starting time, approximate duration of the job, the type of work to be performed and the number of workmen required. SECTION 3. Non-Discriminatory Hiring. The selection of applicants by signatory employers shall be on a non-discriminatory basis and shall not be based on, or in any way affected by, age, race, creed, color, sex or national origin. SECTION 4. Apprentices. Employment of apprentices shall be governed by the provisions of the Joint Apprenticeship Training Program provided for in other provisions of the Agreement. SECTION 5. Shop Steward. A steward shall be a working journeyman appointed by the Business Manager or Business Agent of the Local Union who shall in addition to his work as a journeyman, be permitted to perform during working hours such of his Union duties as cannot be performed at other times (it being understood and agreed that the Steward's duties shall not include any matters relating to referral, hiring and termination) or disciplining of employees. The Steward shall not be fired or laid off until the Business Manager or Agent is contacted and the matter discussed with him. SECTION 6. Foremen. Foremen shall be selected and hired soley by the employer and shall be a member of Local Union 537, he shall act as agent of the employer and employee and shall not apply or attempt to apply any regulation, rule, by-law or provision of the Union Constitution in any respect, or any obligation of Union membership. Foremen shall notify Union Office location of all new jobs starting. 7 (b) Forman shall be paid a minimum of $1.50 over the journeyman rate. SECTION 7. Recognition. Contractors recognize the Union as the sole and exclusive bargaining representative for all journeymen pipefitters and apprentices in the employ of the employers with respect to wages, hours and other terms and conditions of employment. A copy of Individual Assent, as shown on page 31 of this contract, of contractors who are not represented by the Association as collective bargaining agents will be made available to the New England Mechanical Contractors Association, Inc., on request. SECTION 8. Bona Fide Employer. Union will not enter into any agreement with, nor permit any of its members to perform work for, any person, firm or corporation engaging in the heating, air conditioning, piping, oil burner and/or refrigeration business which does not: (1) Maintain an established, permanent place of business. (2) Be a recognized heating contractor or oil burner contractor holding a certificate of competency issued by the Commonwealth of Massachusetts, or pipiny uunirauiur, or air conditioning contractor, or refrigeration contractor. (3) Be adequately covered by Workers' Compensation insurance and public liability and property damage insurance, and file a certificate of such coverage with the Union. (4) Satisfy the officials of the Union that it has sufficient financial standing to permit it adequately to meet payroll requirements. (5) Have sufficient tools and equipment in good condition to permit its employees to carry on their work with a high standard of workmanship. ARTICLE II) Joint Trade Board SECTION 1. There shall be a Joint Trade Board consisting of six (6) members, three (3) members of the New England Mechanical Contractors Association, Incorporated, and three (3) members of Local No. 537. Said Joint Trade Board shall have the right to investigate all labor operations of the parties to this Agreement within its prescribed limits so far as any of the provisions of this Agreement are involved, in connection with which any question may arise, and for this purpose shall have the right to summon, question and examine any party to this Agreement, or other representatives or agents. There shall be no lockouts, except when ordered by a Building Trades Contractors Association; or strikes except when of a general nature and ordered by a Building Trades Council with the approval of the United Association. Trade disputes shall be settled without cessation of work and in cases where the parties to the Agreement fail to agree, the matter in dispute shall be referred to the Joint Trade Board. 8 In case any dispute arises, notice must be given in writing to the Secretary of the Joint Trade Board by the aggrieved party, within two (2) days. The Joint Trade Board shall be governed by the following by-laws: 1. Regular meetings shall be held quarterly, in January, April, July and October. 2. Special meetings shall be called by the chairman of the Joint Trade Board on written request of either side, stating object for which meeting is to be called and no matters shall be discussed at special meetings except those designated in said written request. 3. Four (4) shall constitute a quorum, two (2) for each side, and neither shall cast more ballots than the other. 4. The vote on all questions of violations of this Agreement shall be by secret ballot. 5. It shall require a majority vote to carry any question. 6. The Joint Trade Board shall consider and decide an alleged violation of this Agreement on the part of any signator, after said signator has been notified in writing by the Secretary of the Joint Trade Board, and given the right to appear at the called meeting, to present his case, and agrees to abide by the decision rendered. 7. The Joint Trade Board shall have the power to censure and/or to impose reasonable fines or penalties where agreed to vote (as above provided for) that any of the articles of this Agreement have been violated. Such fines or penalties shall be imposed against said violator and the Joint Trade Board shall see that any fines or penalties so imposed are satisfied and the disposition of monies so collected shall be decided by the Joint Trade Board. ARTICLE IV Fringes The Employer agrees to pay Journeymen Pipefitters and/or Pipe Layers wages at the rate shown on page 2 of this contract. Fringes will remain as shown throughout the entire Agreement, September 1, 1999 to August 31, 2002 unless changes are mutually agreed to. In the event that the government, Federal or State, takes over the Health and Hospitalization Trust Fund and/or the Pension Trust Fund provided for in the collective bargaining agreement, then the amounts of the hourly contributions which would otherwise be payable by the employer into said funds shall thereupon and thereafter be added to the hourly wage rates paid to the employees under this Agreement. Except that, in the event, during the term of said Trust Agreement, there shall have been passed a Federal or State Law which shall compel the Employer to contribute to a Federal or State Plan which will provide any of 9 the same or similar items of coverage as contemplated under said Fund, then the hourly contribution of the Employers to said Fund shall be reduced to the extent of the cost of the particular item or items of coverage to the Fund which will also be furnished under a Federal or State Plan. Health and Hospitalization Trust Fund The Employer and the Union do hereby agree to maintain a Health and Hospitalization Trust Fund in accordance with the Trust Agreement that has been established and approved by both parties to this Agreement. The Employer agrees to pay and contribute to said Fund the sum noted on wage and fringe benefit schedule on page 2, for each hour worked for all Journeymen and Apprentices in the employ of the employer. This fund will be administered in strict compliance with Section 302 (c) of the Labor Management Relations Act, the Internal Revenue Code and other applicable law, and that Counsel for the Funds will supply the Association and Employers with satisfactory evidence of such compliance as required. 'The Trustees of the Local Union 537 Pension and Welfare Funds are authorized to enter into reciprocal agreements with Trustees cf ether pension and welfare funds providing for the transfer of contributions between funds so that employees temporarily working outside their home fund's jurisdiction will not lose credit or eligibility for benefits in their home funds. The Trustees shall determine the terms of such reciprocal agreements." Pension Trust Fund The Employer and the Union do hereby agree to maintain a Pension Trust Fund in accordance with the Trust Agreement that has been established and approved by both parties to this Agreement. The Employer agrees to pay and contribute to said Fund the sum noted on wage and fringe benefit schedule on page 2, for each hour worked by Journeymen and Apprentices in the employ of the employer. This fund will be administered in strict compliance with Section 302 (c) of the Labor Management Relations Act, the internal Revenue Code and other applicable law, and that Counsel for the Funds will supply the Association and Employers with satisfactory evidence of such compliance as required. 'The Trustees of the Local Union 537 Pension and Welfare Funds are authorized to enter into reciprocal agreements with Trustees of other pension and welfare funds providing for the transfer of contributions between funds so that employees temporarily working outside their home fund's jurisdiction will not lose credit or eligibility for benefits in their home funds. The Trustees shall determine the terms of such reciprocal agreements." Deferred Income Annuity The Employer and the Union do hereby agree to maintain a Deferred Income.Annuity in accordance, with the Trust Agreement that has been 10 established and approved by both parties to this Agreement. The Employer agrees to pay and contribute to said Fund the sum noted on wage and fringe benefit schedule on page 2, for each hour worked for Journeymen and Apprentices in the employ of the employer. This fund will be administered in strict compliance with Section 302 (c) of the Labor Management Relations Act, the Internal Revenue Code and other applicable law, and that Counsel for the Funds will supply the Association and Employers with satisfactory evidence of such compliance as required. Education Trust Fund The Employer and the Union do hereby agree to maintain an Educational Trust Fund for the training of apprentices and journeymen in accordance with the Trust Agreement that has been established and approved by both parties to the Agreement. The Employer agrees to pay and contribute to this Fund the sum noted on wage and fringe benefit schedule on page 2, (or each hour worked for all Journeymen and Apprentices in the employ of the Employer. This fund will be administered in strict compliance with Section 302 (c) of the Labor Management Relations Act, the Internal Revenue Code and other applicable law, and that Counsel for the Funds will supply the Association and Employers with satisfactory evidence of such compliance as required. Vacation Trust Fund The Employer and the Union do hereby agree to maintain a Vacation Trust Fund. The Employer agrees to withhold from net wages (after tax deductions) due all journeymen in the employ of the Employer, the sum noted on wage and fringe benefit schedule on page 2, in accordance with the Trust Agreement that has been established and approved by both parties to the Agreement. Political Action Fund, Organizing Fund, Dues Check Off It is agreed that the Employer shall deduct the sum noted on wage and fringe benefit schedule on page 2, wages from net wages after taxes, for each and every hour worked by all employees covered by or receiving benefits provided for in this Agreement for all jobs falling within the jurisdiction of this Agreement. All such deductions shall be reported monthly on one (1} form along with the other fringe benefit fund payments provided for in this Agreement. The Union shall indemnify and hold harmless the Employer from any claims arising under this Article including the furnishing of Counsel to defend against any such action. Any Employer who fails to send the payment and the reports due under the Dues Deduction system as provided in this Article shall be considered in violation of this Agreement. 11 It is agreed by the parties to this Agreement that the Working Dues Deductions will be allocated the sum as noted on wage and fringe benefit schedule on page 2; Organization Fund "Political Action Fund Dues Deduction The Political Action Fund may also be known as the COPE Fund and is funded by a voluntary contribution per hour payroll as noted on wage and fringe benefit schedule on page 2, the purpose of which shall be to enable the Local to participate more fully in matters affecting the welfare of its members. It shall be the sole responsibility of the Local to procure pursuant to the provisions of Section 302 (c) of the Labor-Management Relations Act of 1947, the signed individual authorization of every employee subject to this Agreement, both present and future. Industry Improvement Trust Fund The Employer and Local 537 do hereby agree to maintain an Industry Improvement Fund to be used for the purpose of protecting and promoting the general welfare of the heating, piping, air conditioning, and refrigeration contracting industry in accordance with the Trust Agreement that has been established and approved by both parties to this Agreement. The Employer agrees to pay and contribute to said Industry Improvement Fund the sum as noted on wage and fringe benefit schedule on page 2, each hour worked or all journeymen and apprentices in the employ of the Employer. Payments of Contributions Payments of contributions to all of the above Funds shall be due and payable monthly a to depository designated by the respective Trustees thereof, not later than thirty (30) days following the end of that month for which contributions are due. In addition to any other remedy provided by law, both parties agree to the following: (a) Delinquent payments shall bear interest at the rate of three percent (3%) per month. (b) In the event that any suit is brought against an individual Employer for enforcement of this Agreement, if the decision is adverse to the Employer, said Employer shall pay all court costs and reasonable attorney's fees and disbursements in connection with such action. (c) During any period of delinquency of payments, the Union shall have the right to remove all Employees of the delinquent Employer from that work for that Employer, but in such event this Agreement shall remain in full force and effect during the period of the delinquency. (d) Payments of contributions to all of the above Funds shall be due and payable monthly to a depository designated by the respective Trustees thereof, not later than thirty (30) days following the end of that month for which contributions are due, and shall be individually secured by each 12 Employer with a Bond. Such Bond shall run to the Trustees of the various Funds. In the event of default of appropriate payment to the various Funds described in Article IV, the Surety shall agree to be responsible to the various Funds in an amount not to exceed Ten Thousand Dollars ($10,000.00). To insure compliance with the above provisions, it is mutually agreed that the designated depository shall file copies of all employer reports to the Chairmen of each of the aforementioned Funds, not later than thirty (30) days following the end of the month for which the contributions are due. ARTICLE V Apprentices SECTION 1. Apprentices shall receive wage adjustments at each period when the journeymen receive a wage change until they have completed five (5) years of apprentice ship training. Such apprentices shall be paid a percentage of the wages paid to journeymen effective September 1, of each year as follows: First Year 40% of Journeyman's Wage Second Year 45% of Journeyman's Wage Third Year 60% of Journeyman's Wage Fourth Year 70% of Journeyman's Wage Fifth Year 80% of Journeyman's Wage SECTION 2. Apprentices shall not be eligible for examination as mechanics until they have been working five (5) years in the trade. SECTION 3. The ratio of apprentices may equal but not exceed one (1) Apprentice for three (3) Journeymen; three (3) Apprentices for fifteen (15) Journeymen, and one (1) additional Apprentice for each ten (10) Journeymen over fifteen (15). Employers with five (5) or more Journeymen employed within the jurisdiction of the Union MUST employ at least one (1) Apprentice. There shall be no work restrictions on apprentices. No apprentice shall act as a foreman over journeyman. SECTION 4. There shall be a Joint Apprenticeship Committee of six (6) members, three (3) representing the Employers and three (3) representing the Union. This Joint Committee shall have control over all matters relating to apprentice training and shall make rules and regulations governing education and craft training of all apprentices. SECTION 5. Applicants for apprentice training shall be selected without discrimination as to race, creed, color, sex or national origin. SECTION 6. Beginning in 1987 all new apprentices will be part of a five year apprentice program. There will be no pension fund contribution for the first year apprentice. All other fringe benefits will be paid. Pension contributions will begin at the start of the apprentice's second (2nd) year. 13 ARTICLE VI Temporary Heat 1. Pipefitters shall have jurisdiction over the operation and/or emergency maintenance of all temporary heat work whenever temporary heat is on a building, structure, or addition thereto, regardless of the source of heat supply. 2. Pipefitters working on temporary heat shall work in shifts of eight (8) consecutive hours, but not to exceed fifty-six (56) in any one week, except as hereinafter provided or unless authorized by the Business Manager or Agent, or the Employer. 3. Shifts shall start at 8:00 a.m. and proceed as follows: 8:00 a.m. to 4:00 p.m. 4:00 p.m. to Midnight Midnight to 8:00 a.m. 4. Pipefitters shall report for duty fifteen (15) minutes before the start of each shift and shall not leave the job unmanned under any circumstances. They will not be permitted to leave the job for meals or for any other reason during the shift. 5. The number of shifts required will be determined by the Employer, but the starting and completing hours of any shift shall not vary from foregoing schedule. Split shifts will not be permitted. 6. It shall be the duty of the Job Stewards to report to the Secretary of Local 537 all jobs on which it appears temporary heating will be required. When the equipment is ready for temporary operation, he shall again notify the Secretary who in turn will notify the Employer that a Pipefitter Journeyman will be required for such operation. 7. The responsibility of providing temporary heat is vested in the Employer and under no consideration is he to delegate it to anybody else. 8. Pipefitters working on temporary heat shall do any emergency work required to protect the Employer's interests in connection with temporary heat operation and/or maintenance. 9. Any use of the heating system prior to its completion shall be considered temporary operation. 10. The rate of wages for Pipefitters engaged in maintaining and operating heating systems being used for Temporary Heat shall be as follows: 60% of Journeymen Pipefitters Wage 11. Whenever a job is manned by U.A. Local 537 personnel, the heating system may be used without an attendant, These rates are based on the stipulation that the provisions of Article VII. Rule I, 2, and 3, shall not apply and that the men will work a fifty-six (56) hour week with the first forty (40) hours being at the straight time rate and the additional sixteen (16) hours will be paid at one and one-half (1V2) times these straight time rates. When periods of less than fifty-six (56) hours are involved, they shall be paid for in accordance with a schedule to be drawn up and agreed upon by representatives of the employers and employees. 14 On the day shift, the Saturday, Sunday, and holiday rate for members not working a fifty-six (56) hour week shall be one and one-half (1V2) times the temporary heat rate. in any event, when shifts are eight (8) hours or more, the rate of pay shall not exceed one and one-half (IV2) times the temporary heat rate. When shifts are less than eight (8) hours, the regular rate of Pipefitters shall be paid. In addition to the above wage rates, the same contributions as covered in Article IV with regard to Health and Hospitalization, Pension, Deferred Income Annuity, Educational, Vacation, Political Action, Organizing Fund, Dues Check Off and Industry Improvement Funds shall be made by the employer for all employees working as Temporary Heat people. ARTICLE VII Payment of Wages All members shall be paid weekly and in no case shall more than three (3) days pay be held back at the end of the week. Wages shall be payable by check or cash weekly, on the job or at the office of the employer by quitting time. Any contractor who issues a check which subsequently is returned for insufficient funds, shall for the remainder of the life of this Agreement, make all payments in United States legal tender money. Employees reporting for work and not employed that day shall receive two (2) hours pay unless notified the previous day not to report, except when weather or strike conditions make it impossible for the employer to put such employees to work or when stoppage of work is occasioned thereby, or when employee leaves work on his own accord. Members shall not be required to report at the shop or office prior to fifteen (15) minutes before starting time. Any member required to remain at the shop or of office more than one (1) hour after starling time, or put to work by his employer shall receive not less than two (2) hours pay. There shall be no layoffs on Monday. Members laid off for lack of work shall be notified at least one (1) hour before quitting time and shall be paid a full day's pay for the last day employed. Rule 1. Regular Hours. Eight (8) hours shall constitute a day's work, between the hours of 7:30 a.m. or 8:00 a.m. and 12 Noon and 12:30 p,m. and 4:00 p.m. or 4:30 p.m. on Monday, Tuesday, Wednesday, Thursday, and Friday, making forty (40) hours constitute a week's work. Members shall report in sufficient time to permit them to begin use of tools at 7:30 a.m. or 8:00 a.m., and shall make no preparations for lunch period until 12 Noon. They shall then resume use of tools at 12:30 p.m. and shall make no preparations for terminating their day's work until fifteen (15) minutes before quitting time. During that fifteen (15) minutes the time shall be spent picking up and putting away employer's tools and equipment. No member shall leave job site until 4:00 p.m. or 4:30 p.m., depending upon 7:30 a.m. or 8:00 a.m. starting time. Rule 2. Overtime. The first two (2) hours worked immediately following the work day shall be paid at time and one-half (1V2%). The regular work 15 day on Saturday eight (8) hours shall be paid at time and one-half (1V2). All other hours of overtime shall be paid at double the normal rate. Rule 3. Shift Work / Industrial Maintenance. Industrial Maintenance Repair and Renovation work in excess of five (5) working days may be done under the terms and conditions of the National Industrial Maintenance Agreement. Shift Work / Other Than Industrial Maintenance. When required by owner to secure work for members covered under this Agreement, shift work (in. excess of five (5) days, will be implemented subject to the recognition of the owners requirements by the Business Manager and/or Business Agents. The intention of this section is to secure work that could not be competively performed under the existing terms of the working agreement. This Agreement does not cover work performed by the Contractor of a new construction nature in which event said work shall be done in accordance with the existing building construction agreement. A man may work on only one (1) shift per day. There shall be no split shifts. There shall be no shift work performed during the normal working day. All shifts will be a minimum of eight (8) hours. All time worked prior to Midnight is at the hourly rate, plus 10%. All time worked after Midnight is at the hourly rate, plus 15%. Rule 4. Holidays. Any holiday falling on Sunday, the day celebrated as such shall be considered a holiday. None other than emergency work shall be performed on a legal holiday. The following days shall be considered holidays: New Year's Day Labor Day Washington's Birthday Coiumbus Day Patriots' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day or the day celebrated as such. Should any employer observe any other holiday or be required to observe any other holiday, by shutting down the job on said day, each member employed on that job who can not be employed elsewhere by the employer on said day shall be paid eight (8) hours pay for that day. Such alternate employment will be equally divided among members on the job. Rule 5. Fares and Traveling Expense. Workmen going from the shop to their work, or from their work to the shop when the distance is more than one (1) mile shall be allowed necessary fares. Any workman employed outside the jurisdiction of Local 537 shall receive traveling expenses to and from the place where the work is located for as many trips as he is directed by his employer to make. He shall at the option 16 of the Employer board at the place where his work is located or go to and from the job daily. If directed to board where work is located, he shall be paid each week a sum equal to the amount paid for board and room. All time properly employed in traveling during regular working hours shall be paid for on single time. When traveling outside regular working hours single time not exceeding a total of eight (8) hours in any one (1) day shall be paid, and berth shall be provided when necessary. If a workman leaves his work before it is completed and without the consent of his Employer, it shall be on his own time and at his own expense. Rule 6. Travel Expense. On jobs located within the jurisdiction of Local 537, the contractor agrees to pay five (5) dollars ($5.00) per day travel expenses. 9/1/2001 increase travel expense from $5.00 per day to $8.00 per day. On all jobs located within the jurisdiction of Local 537, workmen shall be on the job at 7:30 a.m. or 8:00 a.m. and remain on the job during the regular working hours. ARTICLE VIII Rules Rule 1. There shall be no limiting of the amount of work a man shall perform during working hours. There shall be no restriction as to the use of machinery or tools. There shall be no restriction as to the use of any manufacturer's material unless three (3) months' notice has been given to the employer. It shall be optional with the Employer whether pipe cutting and threading and screwing on of fittings be done at the shop or on the job. All pipe four (4) inch and under shall be cut and fittings made on by employees covered by this Agreement except in cases where there is less than fifty (50) feet of pipe 2V2 to 4 inches in size. In case the Employer places a machine on the job, it shall be operated by employees covered by this Agreement. It shall be the duty of employees covered by this Agreement to take all measures on the job and send in a sketch for the same. Flanges are excepted from this rule, also box coils and nipples twelve (12) inch and under. Rule 2. Staging. It shall be the duty of the Employer to furnish proper and sufficient staging material and rigging for the safety of the men. Rule 3, The Employer is to provide welder's gloves, helmet and sleeves as necessary for the performance of the work. Rule 4. A list of individual members of either organization shall be furnished by the respective Secretaries on request. Rule 5. When doing work outside the jurisdiction of Local No. 537 the Employer agrees to employ one (1) Pipefitter covered by this Agreement on such work. 17 Rule 6. There shall be two (2) men employed on the erection or installation of piping two (2) inch and over in diameter. This rule shall not apply to jobbing work. Definition of jobbing work is work requiring five (5) days times or less. Rule 7. On any job requiring four (4) men or more, a Shop Steward may be appointed by the Business Manager or Agent of the Union who sha!) immediately notify the of office of the Employer of the name of the Shop Steward so appointed, Rule 8. Employers shall be required to carry insurance in compliance with the requirements of the Workers' Compensation Act. Rule 9. The cutting and dismantling of boiters, tanks, and other heating materials which are to be removed for junk shall be performed by the Pipefitter. Rule 10. All hanger rods 3/4 inch in diameter and smaller shall be cut by journeyman or apprentice members of the Union. Rule 11. The Employer shall notify the Secretary of Local No. 537 of any contract or order for work outside the jurisdiction of Local No. 537. P