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Gulf Coast Leadership Meeting August 19-21, 2013

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 Leadership Meeting August 19-21, 2013

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  1. Gulf Coast Leadership MeetingAugust 19-21, 2013

  2. Gulf Coast Agreement Gulf Coast Leadership Meeting August 19-21, 2013

  3. 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

  4. 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

  5. Article 2Recognition • Unions sole and exclusive bargaining representatives of craft employees • Employees under Agreement separate bargaining unit

  6. 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

  7. 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

  8. 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

  9. Article 5Union Security • If no right-to-work law, union security applies • Dues deducted if authorized by employee

  10. 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

  11. 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

  12. 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

  13. 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

  14. 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

  15. 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

  16. 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

  17. Article 10 • Parties agree to work with H2H • Hire Veterans • Place in apprenticeship programs • Employer contribution • 2¢/hour

  18. 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

  19. 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

  20. 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

  21. 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

  22. 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

  23. 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

  24. 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

  25. 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

  26. 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

  27. Gulf Coast Leadership MeetingAugust 19-21, 2013

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