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Gulf Coast Leadership Meeting August 19-21, 2013. Gulf Coast Agreement. Gulf Coast Leadership Meeting August 19-21, 2013. Gulf Coast Agreement Preamble. Stand-alone agreement Familiar Language Powerhouse Maintenance Agreement ( PMA ) Industrial Partnering Labor Alliance ( IPLA )

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gulf coast agreement

Gulf Coast Agreement

Gulf Coast Leadership Meeting

August 19-21, 2013

gulf coast agreement preamble
Gulf Coast AgreementPreamble
  • Stand-alone agreement
  • Familiar Language
    • Powerhouse Maintenance Agreement (PMA)
    • Industrial Partnering Labor Alliance (IPLA)
    • National Construction Agreement (NCA)
    • General Presidents Project Maintenance Agreement (GPPMA)
  • Available off-the-shelf
  • BCTD Agreement
    • National and International Unions
    • Local Unions
article 1 intents and purposes
Article 1Intents and Purposes
  • Promote efficiency, timely and economical completion of work
    • Gain market share
  • Amendments
    • Negotiated by BCTD and Employer
      • To meet needs of particular project
article 2 recognition
Article 2Recognition
  • Unions sole and exclusive bargaining representatives of craft employees
  • Employees under Agreement separate bargaining unit
article 3 scope
Article 3Scope
  • Private sector capital improvement, maintenance and repair of industrial, operating and manufacturing facilities in
    • TX, LA, AL, MS, GA, FL and AR
  • No history or current use of existing National Agreement(s) with any of the Unions
  • May be extended to greenfield projects and other states with BCTD approval
article 3 scope1
Article 3Scope
  • Limited to Employer’s assigned work
  • Subcontractors sign Letter of Assent
    • If no qualified and competitive union contractors
      • Employer may use non-union contractors
  • Standard exception for National Agreements
    • NTL, Stack/Chimney, Cooling Tower, National Refractory, Instrument Tech, UA Welding, IUEC Agreements
    • LMCC, H2H, grievance, no strike provisions apply
article 4 management rights
Article 4Management Rights
  • May utilize composite crews
  • May transfer existing employees from one project to another
  • Name the foremen and require foremen to work with tools
article 5 union security
Article 5Union Security
  • If no right-to-work law, union security applies
  • Dues deducted if authorized by employee
article 6 referral
Article 6Referral
  • Local Union referral procedures apply
  • If can’t supply within 48 hours can hire from any source
    • Workers hired this way may remain employed
    • Must be paid Agreement’s wages and fringes
    • Alternatively, may accept referrals from another Union
      • Pay higher wage rate
      • Fringes of referring Union
article 6 referral1
Article 6Referral
  • “Truth in Referrals”
    • Employer notifies LU of # of workers needed
    • LU has 10 days to advise # of workers able to refer
  • Key employees
    • Number to be agreed upon with Unions
    • Must have worked for Employer in past year
    • Fringe benefits paid to home LU or LU under Agreement
      • Employer advises LU at pre-job conference
  • Government EEO requirements, special skills exceptions
  • Call-by-name allowed if recognized by LU
article 7 apprentices subjourneypersons
Article 7Apprentices/Subjourneypersons
  • Subjourneypersons allowed if recognized by LU
  • If LU unable to supply apprentices
    • Employer may hire from any source
      • Wages and fringes to be negotiated
  • Ratio of Apprentices/Subjourneypersons
    • Negotiable
    • Subject to federal and state law
    • May not exceed 50% of the craft workforce
article 8 wages benefits and payday
Article 8Wages, Benefits and Payday
  • Wages and fringes (except defined benefit plan)
    • Per LU cba
  • Defined benefit plan contributions
    • Paid only to National Unions’ pension funds
      • Includes Local Union and National funds
      • Up to National funds whether to remit any portion to LU fund
    • If no National fund, contribution rate negotiated, included in Appendix A
      • Plus the LU rate
  • Funds recognized under GPPMA to be paid
  • 10¢/hour to GPPMALMCC, up to $250,000/project
article 9 hours of work overtime and shifts
Article 9Hours of Work, Overtime and Shifts
  • Hours
    • Five 8-hour days or four 10-hour days exclusive of 30-minute lunch
  • Overtime (1½)
    • All hours after 10/day, Saturday, Sunday and holidays
      • No overtime until worked mandatory 8 or 10 schedule up to 40 hours
        • Exceptions for FMLA, jury duty, military duty, funeral leave
    • Entitled to meal or $12 after 4 hours of unscheduled overtime
article 9 hours of work overtime and shifts1
Article 9Hours of Work, Overtime and Shifts
  • Shift work premium 1.067 times the base rate of pay
  • Make-up day: Friday or Monday
  • Special shift configurations may be negotiated
article 9 hours of work overtime and shifts2
Article 9Hours of Work, Overtime and Shifts
  • Six recognized non-paid holidays
    • New Year’s Day
    • Memorial Day
    • Independence Day
    • Labor Day
    • Thanksgiving Day
    • Christmas Day
    • Mardi Gras Day in LA only
  • All work on holidays at 1½ regardless of 40 hour requirement
  • Holiday must fall on scheduled work day to be observed
article 10
Article 10
  • Parties agree to work with H2H
    • Hire Veterans
    • Place in apprenticeship programs
  • Employer contribution
    • 2¢/hour
article 11 reporting time and call ins
Article 11Reporting Time and Call-Ins
  • 2 hour reporting pay
  • Call-ins
    • Prior to and continuous with normal shift
      • Overtime rate
    • Saturday, Sunday, scheduled day off or holidays
      • Not less than 4 hours at the overtime rate
      • No more than one 4 hour guarantee per

call-in

article 12 grievance procedure
Article 12Grievance Procedure
  • Step 1
    • Employer and LU Business Rep.
  • Step 2
    • Employer and International Rep.
  • Step 3
    • GPPMA Joint Labor/Management Grievance Committee
  • Step 4
    • Standing GPPMA Arbitrator
  • Timeliness
    • Initial grievance: within 5 calendar days
    • Appeal to next step: 10 calendar days after meeting
    • Time may be extended by mutual agreement
article 13 work assignments
Article13WorkAssignments
  • Initial assignments in accordance with Plan criteria
  • Once assignments made and individuals employed
    • Employer may use composite or mixed crews
      • Without regard to traditional jurisdictional lines
  • Jurisdictional disputes referred to GPs
    • Employer assignment continues until GPs resolve
    • Employer will comply with GPs resolution
article 14 union representatives
Article 14Union Representatives
  • Each Union may designate 1 working steward
  • Authorized Union reps shall have access to site
  • May not interfere with Owner’s personnel
article 15 health safety and environmental
Article15Health, SafetyandEnvironmental
  • Employer provides PPE as required by law
  • Conditions of employment
    • Smart Mark or OSHA 10-hour training
    • Applicable safety certifications
    • ANSI approved hard toed safety work boots
    • Supervisors must have OSHA 30-hour certification
  • Drug and alcohol testing
    • Testing must be done by certified labs
    • If quick test inconclusive and individual is removed pending final determination
      • Employee paid waiting time up to 24 hours if final determination is a negative finding
article 16 general working conditions
Article 16General Working Conditions
  • No organized breaks
    • Individual breaks at place of work as work schedule permits
  • Employees must obtain all required certifications on own time and expense
    • Unions will use training facilities to assist employees
article 17 work stoppages and lockouts
Article17WorkStoppagesandLockouts
  • Strikes and lockouts prohibited
    • If employee participates not eligible for rehire for at least 90 days
    • Unions agree not to honor picketing
  • Claims of violation
    • Expedited arbitration
    • Liquidated damages
      • $100,000/shift paid to owner or affected Employer
article 18 general savings clause
Article 18General Savings Clause
  • If any provision held invalid, remaining provisions not affected
    • Parties will negotiate valid substitute provision
  • If a Union agrees to modify terms for a specific project, all Employers bidding entitled to same modified terms
article 19 term of the agreement
Article 19Term of the Agreement
  • 3-year agreement
    • Sept. 1, 2013 to August 31, 2015
  • Associations or BCTD may give notice to amend or terminate
  • Agreement can be amended during term by mutual consent
  • Remains in effect for duration of any project
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