chapter executive institute scottsdale az november 7 2008 l.
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    1. Chapter Executive InstituteScottsdale, AZNovember 7, 2008


    3. FLORIDA SMALL WORKS ADDENDUM TO THE INSIDE AGREEMENT • Locals 177, 349, 606, 676, 728, 756, 915 and 1205, IBEW, and the Central Florida, Florida West Coast, North Florida, South Florida and Gulf Coast Chapters of NECA, in the interest of obtaining and retaining market share in the Florida electrical construction industry, agree to the following terms and conditions which shall apply to all IBEW/ NECA inside construction agreements in the state of Florida. A contractor must be signatory to a letter of assent to a Florida local union’s inside construction agreement before the following provisions apply.

    4. TYPE OF WORK COVERED BY THIS ADDENDUM • Office buildings not to exceed two hundred thousand (200,000) square feet, warehouses, shopping centers, gas stations, auto sales agencies and garages, all educational facilities, small manufacturing plants not to exceed fifty thousand (50,000) square feet, food service centers, hospitals, water and waste treatment facilities, nursing homes, clinics, motels, hotels, retail and wholesale facilities, and residential buildings. All requirements of Federal, State or Local prevailing wage requirements outlined in the bid specifications shall be complied with.

    5. TYPE OF WORK COVERED BY THIS ADDENDUM • If a signatory contractor has an opportunity to secure work that exceeds the limitations contained in the scope of this addendum that could lead to more employment opportunities for employees covered by this Addendum, a variance may be requested as outlined in the “Concession Request Procedures” attached to this Addendum. All variances in scope and other terms and conditions must be submitted in writing prior to bidding and approved before implementation by the site local union business manager (where the job is located).

    6. HOURS/WAGES/WORKING CONDITIONS • The employer has the right to establish flexible work schedules for the performance of electrical work to satisfy owner and/or customer requirements. • No overtime shall be paid until (40) hours in the workweek or (10) hours in the workday have been worked. The overtime rate shall be paid at time and one-half (1 ½) the regular straight-time rate. • (Double the straight time wages shall be paid only for the Holidays listed in the site (where the job is located) Local Union/NECA Chapter Inside Construction Agreement)

    7. ORGANIZING/REFERRAL • The IBEW standard referral system will be used by the employer to obtain workers with the “Inside Wiremen” classification. Due to the lack of a union Construction Electricians/Wiremen pool of workers for referral, the employer may hire “Construction Electricians/Wiremen” to meet necessary job composite rates and to adequately staff small works projects. The employer will promptly notify the business manager of the names, recommended classifications and social security numbers of such applicants; and send the applicants to the local union for processing. The local union will then refer those employees back to the recruiting employer. The only time that this may not take place would be in periods of excessive unemployment or the availability of an adequate manpower pool of Construction Electricians/Wiremen. Any questions or disputes regarding this clause shall be referred to the Florida Small Works Labor Management Committee. • On small works projects, the employer shall have the right to call a Foreman by name under the IBEW standard inside referral procedure provided:

    8. Foreman Call-out • The employee has not quit his previous employer that is signatory to this addendum within the previous two weeks. • The employer shall notify the business manager in writing of the name of the individual who is to be requested for employment as a Foreman. Upon such request, the business manager shall refer said Foremanprovided the name appears on the highest-priority group. • When an employee is called as a Foreman, he must remain as a Foreman for one hundred & sixty (160) hours.

    9. PORTABILITY • (Portability) Any employer signatory to a Letter of Assent to an Inside Collective Bargaining Agreement or signatory to an approved Inside Collective Bargaining with any local union in the state of Florida will be entitled to unlimited Portability throughout the State of Florida, providing the type of work being performed is covered by this Addendum. The employer shall notify the site local union by fax or e-mail within 24 hours of starting a job, the job address, approximate duration and estimated manpower at peak. Jobs of 10 working days duration or less do not require notification. • (1) Fringe benefits: Under the portability provision all fringe benefits shall be paid to the local union from where the worker was referred. • (2) On jobs of more than 10 working days the employer shall pay all work assessments and apprenticeship contributions to the site local Union. • (3) All worker classifications shall fall under the Portability rules.

    10. PORTABILITY • (4) Portability shall not interfere with an apprentice’s training and/or school attendance. The JATC where the apprentice is indentured shall have final authority over the apprentice’s work assignments. • (5) The contractors exercising portability shall pay no less than the wage rates specified in the site local union’s inside agreement for the inside wiremen and apprentice classifications. The inside wiremen wages used in this Addendum to calculate the Construction Wiremen levels shall be based on the site local union’s approved Inside CBA top Journeymen wage rate. • (6) Any question or dispute concerning the Portability provisions of this Addendum shall be resolved by the Florida Small Works Labor Management Committee.

    11. WAGES • (A) The minimum hourly rate of wages shall be as follows: • Inside Journeymen Wireman *Rates specified in site local inside agreement for applicable scope of work • Foreman *Rates specified in site local inside agreement for applicable scope of work • Apprentice *Rates specified in site local inside agreement • * Inside Journeymen, Apprentices and Foreman transferred under the portability provision of this addendum shall receive the rates and benefits outlined in the home or site local union Inside Wiremen agreement for the applicable scope of work (whichever is higher). • Wages at the established rates specified herein shall be paid weekly in the shop or on the job at or before quitting time on any day Monday through Friday of each week, and no more than five (5) calendar days pay will be withheld. Alternative payroll procedures, i.e., electronic and/or automatic deposit may be utilized by the Employer. However, employees laid off through no fault of their own shall be paid in full ½ hour prior to quitting time or if the employee is signed up for electronic transfer the money shall be transferred his or her account within 24 hours. Employees who where discharged or voluntary quit shall be paid their wages on the normal payday. • Holidays and Vacations: As per local inside agreement.

    12. CONSTRUCTION WIREMAN/ELECTRICIAN Behind tab • **Minimum Wages • Construction Wireman Step 1 (1,000 hrs) --------40% of site Inside Wiremen rate • Construction Wireman Step 1 ----------------------45% of site Inside Wiremen rate • Construction Wireman Step 2 -----------------------50% of site Inside Wiremen rate • Construction Wireman Step 3 -----------------------55% of site Inside Wiremen rate • Construction Wireman Step 4 -----------------------60% of site Inside Wiremen rate • Construction Electrician Level 1--------70% of site Inside Wiremen rate • Construction Electrician Level 2 -------75% of site Inside Wireman rate • Construction Electrician Level 3 -------80% of site Inside Wireman rate • Once selected and positioned at the appropriate level, Construction Wiremen will be required to work a minimum 1000 hours under probation to determine if they have been awarded proper standing in the program or if they are able to perform to local industry standards and expectations. • **These rates may be adjusted by the site local labor management committee by 5% to reflect local labor market conditions. Any adjustment beyond 5% must be requested by the site local union or NECA Chapter and approved by the Small Works Labor Management Committee. • On all jobs covered by this addendum the crew mix can be supplemented by the employer with construction electricians as allowed in the management rights clause of this Addendum. Whenever indentured apprentices are available for work assignments the employers will make every effort to employ them as soon as reasonable possible. • A minimum ratio of one Inside Wireman to every five lesser classifications (apprentices, construction wiremen/electricians, etc.) will be employed in all shops with five or more workers employed under the terms of this addendum.

    13. EMPLOYER CONTRIBUTIONS • NEBF: 3% of gross labor payroll • Apprenticeship Contribution: As per site Local Union CBA or a minimum of 30 cents per hour if needed.. • Local Labor Management Cooperation Committee: The Employer shall pay $.05 per hour worked for the Local Labor Management Cooperative Committee Fund. • National Labor Management Cooperative Committee: The employer shall pay $.01 per hour worked for the National Labor Management Cooperative Committee. • Local receiving trust and/or administration contributions and other local educational industry advancement funds shall be made according to the site local union collective bargaining agreement

    14. TRAINING/SUPERVISION • TRAINING: • The JATC shall be responsible for all training of Construction Wireman Step 1-4 and inside wiremen upgrade training for Construction Wiremen/Electricians 1, 2 and 3. • SUPERVISION: • Work performed by Construction Wiremen will be limited only by what the employer or the employer’s field representative deem as appropriate and within the individual’s qualifications to properly perform safely and in a workmanlike manner. In this regard, Construction Wiremen may work alone if deemed qualified by the employer and permitted by local statute.