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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


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

  • 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

  • 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