AGREEMENT BETWEEN
INDEPENDENT MILLWRIGHT CONTRACTORS ASSOCIATION OF SOUTHERN
MINNESOTA, WESTERN WISCONSIN AND SOUTH DAKOTA
and
MILLWRIGHT AND MACHINERY ERECTORS
NO. 548
and
NORTH CENTRAL STATES REGIONAL COUNCIL
OF CARPENTERS AND JOINERS
2013 • 2014 • 2015
(Expires APRIL 30, 2016)
Y:\MASTER CBAs\WORDContracts\MINNESOTA\MN LOCAL 548 MILLWRIGHT\2013-2016\MN Millwright LU 548 Agreement May 1, 2013 - April
30, 2016 Final.docx
THIS AGREEMENT, By and between or on behalf of the parties in the capacities and status designated
in Article 2 hereof, establishes rates of pay, wages, hours of employment, fringe benefits and vacations,
where applicable and other terms and provisions concerning employment relations and collective
bargaining relations, and collective bargaining between or involving such parties on construction work
in the State of Minnesota and a portion of Western Wisconsin.
NOW, THEREFORE, for such purposes, it is agreed as follows:
ARTICLE 1
Considerations for Agreement
The considerations for this Agreement are the mutual promises of the parties and their mutual purposes
to establish, maintain and promote sound and harmonious labor relations.
It is desirable to maintain the cooperative relationships and jurisdictional work assignments existing
during past years between the Employers and the Employees represented by the union.
ARTICLE 2
Designation of Parties
A.
B.
C.
Independent Millwright Contractors of Minnesota (hereinafter called IMCA), are a party to this
Agreement in a representative capacity and as agent only, acting on behalf of certain Employers
who have agreed to be bound to the terms of this Agreement through IMCA, and on behalf of
such additional Employers as may execute identical counterparts. IMCA is entitled to
recognition, in such capacity, as agent and collective bargaining representative for the Employers
who are or may become parties hereto, for all purposes of this Agreement, including its right in
such capacity, to represent such Employer parties before NLRB or otherwise pursuant to and/or
in aid, support or enforcement of the terms and provisions of this Agreement.
IMCA Employers who have agreed to be bound to the terms of this Agreement through IMCA,
or other Employers who have done likewise (hereinafter called Employers), are parties hereto as
principals but their status is several and not joint.
Nothing in this Agreement is intended to deny any Employer who is not affiliated with IMCA
the right to sign or subscribe to this Agreement.
The parties hereto each agree to advise the other promptly as to all signatories to this Agreement
or any counterpart thereof giving the following information:
1. Name and address of company
2. Name and title of person signing
3. Date of signing
D.
The labor organization on its own behalf and on behalf of Millwrights and their Apprentices
whom it represents and on whose behalf it is recognized hereunder (hereinafter called Union), is
party hereto. The status of said Union is dual that it is party hereto as principal, and also as agent
for the Employees whom it represents and on whose behalf it is recognized as hereinafter
provided.
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ARTICLE 3
Scope of Agreement
Territorial Jurisdiction
This Agreement shall cover the following 61 counties in Minnesota: Traverse, Grant, Douglas, Todd,
Morrison, Mille Lacs, Kanabec, Pine, Big Stone, Stevens, Pope, Stearns, Benton, Sherburne, Isanti,
Chisago, Swift, Kandiyohi, Meeker, Wright, Anoka, Hennepin, Ramsey, Washington, Lac Qui Parle,
Chippewa, Yellow Medicine, Renville, McLeod, Carver, Scott, Dakota, Lincoln, Lyon, Redwood,
Sibley, Brown, Nicollet, LeSueur, Rice, Goodhue, Wabasha, Pipestone, Murray, Cottonwood,
Watonwan, Blue Earth, Waseca, Steele, Dodge, Olmsted, Winona, Rock, Nobles, Jackson, Martin,
Faribault, Freeborn, Mower, Fillmore and Houston.
Also covered is the following portion of Western Wisconsin: East of the St. Croix River, Highway 70 to
Grantsburg, Wisconsin then Highway 87 to the intersection of Highway 48, then Highway 48 to the
intersection of Highway 35, then Highway 35 to the intersection of Highway 8, then Highway 8 to the
intersection of Highway 65, then Highway 65 to River Falls, then Highway 29 to Prescott and across to
Hastings. Five miles east of any city or village located in this line in Wisconsin shall be in the
jurisdiction of Millwright Local Union #548.
Also covered is the entire State of South Dakota with the exception of the county of Union which is
located in the southeast corner of the state.
ARTICLE 4
Union Recognition
Millwright and Machinery Erectors Local Union No. 548 of St. Paul, Minnesota and the North Central
States Regional Council of Carpenters and Joiners, St. Paul, Minnesota (hereinafter called the union), is
recognized as the exclusive bargaining representative of the employees covered by this Agreement and
such Employees and the Union are obligated to the terms and conditions of this Agreement. The Union
represents that it is qualified for such recognition.
ARTICLE 5
Union Security
The Union recognized under Article 4 of this Agreement shall be entitled to union security to the extent
that each employee in the collective bargaining unit represented by such Union shall on the eighth (8th)
day following the beginning of employment in such collective bargaining unit by such Employer under
the coverage of this Agreement or the effective date of this Agreement whichever is later, be required to
become and remain a member in good standing of such Union as a condition of employment.
The Employer will be required to dismiss employees who refuse to comply with this Union Shop
provision after written notification by a bona fide representative of the Union to a responsible
representative of the Employer on the job. The Union shall be entitled to approach individual employees
for organizational purposes as provided by law.
In "good standing" for the purposes of the Agreement between the Union and Employer is defined to
mean the payment of standard monthly dues as applied uniformly to all employees covered by this
Agreement.
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ARTICLE 5.2– Working Dues/Dues Check-Off
A.
B.
During the term of this Agreement and in accordance with the terms of an individual and
voluntary written authorization for check-off of membership dues in form permitted by the
provisions of Section 302(c) of the Labor Management Relations Act of 1947, as amended, the
Employer agrees to deduct once each week from the wages of each employee covered by this
Agreement, who signs said authorization, a certain amount of money per hour for each hour
worked by said employee during the week. The specific amount of money to be deducted shall
be determined by the Union, from time to time, in accordance with its constitution and by-laws,
and the Union shall notify the Employer, in writing, from time to time as changed by the Union,
of the specific amount of money to be deducted. The amount deducted shall be payable to the
fringe fund administrator on behalf of the North Central States Regional Council of Carpenters &
Joiners, for and on behalf of it's affiliated Local Unions, monthly by the fifteenth (15th) day of
the month following the month in which the required amount is deducted, and such amount shall
be remitted in accordance with all of the applicable provisions and requirements of Article 20.
The Union shall be responsible for obtaining necessary authorization forms.
The Employer agrees to deduct an amount referenced by this Article from contributions
otherwise payable to the savings plan as identified by Article 20 and Article 16(N) of this
Agreement. The Parties recognize that certain existing executed authorization forms reflecting a
deduction from contributions to the vacation fund provide legal basis for the deduction from
contributions to the employee’s savings plan. The Union will ensure that the proper authorization
card is signed by the employee for deduction of dues from wages. If it is deemed that the
authorization was not effective, or was not obtained from the employee by the Union, the Union
agrees to reimburse the employer, if the employer is required to reimburse the employee for
unauthorized deductions.
ARTICLE 6
Insurance and Taxes
The Employer agrees to carry any and all insurance and pay all applicable taxes as provided by
applicable State and Federal laws.
The Employer further agrees to pay Workers Compensation Insurance and Unemployment
Compensation such amounts as are due under State and Federal laws.
ARTICLE 7
Conflicting Agreements
A.
B.
C.
The Employers agree not to enter into any Agreement with their employees on whose behalf the
Union has been granted recognition hereunder, individually or collectively, which in any way
conflicts with the terms and provisions of this Agreement.
Millwright and Machinery Erectors Local No. 548, St. Paul, Minnesota, agrees not to enter into
any Agreement with any Individual Employer or group of Employers, engaged in building
construction work which conflicts or differs in any way with the terms and provisions of this
Agreement.
The Union further agrees that if they do negotiate an agreement with terms more favorable than
herein, then these more favorable terms shall immediately apply to all contractor's signature to
this agreement.
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D.
Provided however, that should the International Union (United Brotherhood of Carpenters and
Joiners of America) enter into an area-wide or project type agreement, either individually or
through the AFL CIO Building Trades Department which conflicts with provisions of this
Agreement, the Employers agree to hold the Local Union not liable for such conflict and/or
differences.
ARTICLE 8
Violations of Agreement
In the event that the Employer deliberately violates the provisions of the foregoing Articles or
deliberately violates any provisions of this Agreement relating to wages, hours of work, overtime
differentials and vacations, any back pay owed to the Employee because of such violation shall be paid
by the Employer at the rate of two times the standard straight time and overtime rate. Reasonable
evidence of clerical error or honest mistake in interpretation of this Agreement shall exempt the
Employer from the double penalty provisions, and in such case the Employer shall be required to pay
only the actual amount of back pay involved, at the standard straight time and overtime rate.
In the event the Union deliberately violates any provisions of this contract relating to wages, hours of
work, overtime differentials and vacations, etc., then the Union shall pay the members of the
Contractor's Associates two times the difference in the agreement and the amount actually paid.
ARTICLE 9
Management Clause
The Employer reserves the right to manage its jobs in the best interest of the Employer; the right to
retain or dispense with Employees for cause; to reduce or increase the number of Employees needed on
each project, crew, activity, or piece of equipment. The Employer has the right to determine reasonable
employment qualifications of Employees and may discharge any Employee whose work is
unsatisfactory or who fails to observe reasonable regulations or safety precautions prescribed by the
Employer or any governmental agency. The employee must be qualified and shall use any tools,
equipment, machinery, new material and products or procedure of his craft required by the Employer.
This shall not limit the Employer's right to retain technological assistance or field erector pertaining to a
particular piece of equipment.
ARTICLE 10
Settling Disputes
A.
B.
There shall be established a Joint Trade Board, which shall have charge of the enforcement and
interpretation of the working agreement, as well as duties specifically mentioned herein.
Each grievance shall be deemed to be waived unless submitted in writing to the parties for
resolution within ten (10) days after the event giving rise to the grievance occurs. A copy thereof
shall be sent to the Association. The parties to a dispute shall endeavor to resolve the dispute
prior to a meeting of the Joint Trade Board. If the parties are unable to resolve the dispute, the
Joint Trade Board shall meet to settle the dispute. They shall meet no less than thirty (30) days
after any written notice of a grievance to settle a dispute. The parties to a dispute shall be notified
no less than 14 calendar days prior to a meeting of the Board. The parties to a dispute may
mutually agree to waive any or all of the deadlines contained in this paragraph.
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C.
D.
E.
The Union and the Employers shall elect or appoint three (3) members each, and such members
shall serve until their successors have been appointed. The Joint Trade Board shall elect a
Chairperson and a Secretary from the committee. The duties of the Chairperson shall be to
conduct all meetings of the committee. The duties of the Secretary shall be to keep a complete
record of the minutes of meetings and correspondence, and shall notify Board members of any
special meeting called by the Union and/or contractors. The Secretary shall furnish each member
with a legible copy of all minutes and correspondence. The Board may unanimously agree to
appoint a third-party Facilitator to carry out the notetaking or meeting-chair duties of either or
both of the officers under the direction of the Board. The Facilitator may be present in board
deliberations but shall have no voting power on issues that come before the Board. The
Facilitator is subject to removal at any time by any member of the Joint Trade Board.
Decisions or orders of the Joint Trade Board shall be signed by the Chairperson or Secretary and
distributed to the parties to the dispute. Such decisions and orders shall be final and binding.
If the Joint Trade Board is unable to arrive at a mutually agreeable solution to a problem brought
before it, or otherwise unanimously agrees, it may select a neutral arbitrator to hear the case and
issue a decision, which shall be final and binding on all parties involved. The neutral arbitrator
shall be selected by the Joint Trade Board. In the event the Joint Trade Board is unable to agree
on a neutral arbitrator within ten (10) days, the arbitrator shall be selected by and under the rules
of the Federal Mediation Service. The decision of the arbitrator shall be final and binding on
signatories to the Agreement who are parties to the dispute; provided, however, that the arbitrator
shall have no power to add, delete or modify any provisions of this Agreement. Each party shall
pay the fees and costs of its own representatives and witnesses. The costs and fees of the neutral
arbitrator shall be equally divided between the parties. This article shall not be applicable to
jurisdictional disputes nor to the non-payment of wages or fringes, except that this article shall
apply to wage disputes.
ARTICLE 11
Safety
A.
B.
C.
D.
E.
Accident and injury-free operations shall be the goal of all Employers and employees. To this
end the Employer and all of the employees will, to the best of their ability abide by and live up to
the requirements of the State and Federal Construction Safety Codes and Regulations. The
Employers at their discretion may require all employees to do warm up exercises before the
starting of each shift.
To this end the Employer shall from time-to-time issue rules or notices to his Employees
regarding on-the-job safety requirements. Any Employee violating such rules or notices may be
subject to disciplinary action. No Employee may be discharged for refusing to work under unsafe
conditions.
The Employer shall be required to furnish all safety equipment required by State and Federal
Laws.
It is understood that all Employer-supplied safety apparel is the Employer's property. A receipt
for apparel and authorization for deduction of cost for same will be signed by the Employee. In
the event an employee fails to return an Employer's apparel, said Employee will reimburse his
Employer by having the cost of said apparel deducted from his next payroll check as per the
authorization.
Employees shall not carry or use cell phones in work area unless authorized by the Employer or
their representative.
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ARTICLE 12
No Strike - No Lockout
The parties hereto mutually agree that there shall be no strike or lockout without first complying with
the terms of this Agreement and that all possible means of achieving peaceful and fair settlement of any
controversies that may arise will be made. The Union agrees that there shall be no cessation of work
because of a jurisdictional dispute and that the Employer agrees not to instruct any Employee to go
through a recognized picket line. Spread-work tactics, slow-down, Stand-by crews, forcing of overtime
are condemned by both parties.
ARTICLE 13
Union Representatives
Authorized Representatives of the Union may visit the job during working hours, but shall first make a
reasonable effort to contact the job superintendent, or whoever is in charge of the job. In the event'
neither is available, said Representatives shall leave their business card in the job office before
contacting Employees. Said Representatives shall not unduly hinder or interfere with the progress of the
work, and must comply with all safety regulations on the job.
ARTICLE 14
Rotation of Employees
The Union may not require rotation of Employees during the life of this Agreement, other than
Apprentices shifted for purposes of training.
ARTICLE 15
Payroll Records
In case of a dispute arising over hours and wages, the Union shall have the right to examine the payroll
records of the individual Employee covered by this Agreement upon which there is a dispute. Prior to
the actual examination, a written request shall be submitted to the Employer involved.
ARTICLE 16
Fringe Benefits
The Employer agrees to contribute every month, not later than the 15th of the following month, such
sums for Pension, Health and Welfare, Savings, Apprenticeship, Labor-Management Cooperation
Funds, Union Dues, and Industry funds (the “Fringe Benefit Funds”) as they may be established, an
amount for each hour worked by all employees covered by this Agreement. Each payment shall be
accompanied by a report in a form as specified by the Trustees. The Funds’ Trustees shall equally
represent the Union and the Employer. The terms of the Trust Agreement establishing those Funds are
hereby incorporated as a part hereof.
A.
All Employers, upon becoming bound to this Agreement after May 1, 2013, shall obtain a
$50,000 surety bond to be held by the Trustees of the Fringe Benefit Funds. In the event that the
Employer cannot or does not secure a $50,000 bond, the Employer must pay fringe benefits on a
weekly basis at the same time as the Employer’s regular payroll disbursements. “Weekly basis”
shall mean that the Employer’s report and payment for a particular work week shall be due on
the Friday of the following week. An Employer’s report and payment shall be considered
“delinquent” if not postmarked on or before such day. In addition to the weekly Fringe Benefit
contributions, the unbonded employers and delinquent employers must also pay into an escrow
account held by the Fringe Benefit Fund Trustees or their designee(s) an amount equal to 20% of
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B.
C.
D.
E.
F.
G.
H.
the Employer’s weekly fringe benefit payment. The unbonded/delinquent Employer shall
continue to make weekly payments to the escrow account until the balance of the escrow account
reaches $50,000 ($25,000 if the Employer has fewer than seven (7) regular employees). An
Employer may cash out its escrow account only if the Employer has provided proof to the
Trustees or their designee(s) that the Employer has obtained a $50,000 surety bond to be held by
the Trustees of the Fringe Benefit Funds.
An Employer shall be considered “delinquent” for a particular work month (or work week in the
case of Employers on weekly reporting under (c) below) if its required report and the proper
payment for that month (week) are not postmarked on or before the 15th day of the following
month (Friday of the following week, for Employers required to make payments on a weekly
basis), irrespective of whether such delinquency is willful or otherwise.
Contributions which are delinquent as defined in (D) above shall be deemed to be “unpaid
contributions” for purposes of the Funds’ remedies pursuant to this Agreement and applicable
law.
An Employer who is delinquent and has unpaid contributions shall be required to pay to the
Funds an additional amount of 10% of the amount of the unpaid contributions as liquidated
damages together with interest on the unpaid contributions as specified in the Trust Agreement,
or if greater, two times the specified interest on the unpaid contributions.
When the Trustees have determined that an Employer is delinquent in its Fringe Benefit
contributions, the Employer shall make ongoing and future Fringe Benefit contributions on a
weekly basis and establish an escrow account as described in paragraphs (B) and (C) above.
Once the Employer has made payments on a weekly basis for 26 consecutive weeks without
further delinquency, the Trustees may, in their sole discretion, remove the requirement that such
delinquent Employer make weekly fringe fund reports and payments and contributions to the
escrow account. The Trustees may, in their sole discretion, permit such delinquent Employer to
cash out its escrow account only after the Employer has made Fringe Benefit contributions for
one year without delinquency and provided proof of a surety bond as described in paragraph (A).
Illustration: If an Employer’s report and payment for the January work month have not been
postmarked before February 16, such Employer becomes delinquent at that point and must pay
the full amount due, plus interest and 10% as liquidated damages or, if greater, double interest.
In addition, the Employer shall be placed on the weekly reporting basis for work weeks
commencing after February 16. Reports and payments shall then be due each week on the
Friday of the week following the work week, and weekly payments shall be made to an escrow
account in an amount equal to 20% of the weekly contributions due. When the Employer has
completed 26 consecutive weeks without further delinquency, the Trustees of the Fringe Benefit
Funds may (in their discretion) allow the Employer to revert to monthly Fringe Benefit
contributions. When the Employer has completed one year of required Fringe Benefit payments
without further delinquency, and has proven to the Trustees that it has obtained a $50,000 surety
bond to be held by the Trustees, the Trustees may (in their discretion) allow the Employer to
cash out the escrow account.
The delinquent Employer shall also be required to pay all cost of collection actually incurred by
the Trust Fund, including all attorney fees, service fees, filing fees, court reporter fees and all
other fees, costs and disbursements incurred by or on behalf of the Trust Funds in collecting the
amount due.
Each Employer who is required to make payments to the Trust Funds shall promptly furnish to
the Trustees or their authorized agents, on demand, all necessary employment and payroll
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I.
J.
K.
records, and any other relevant information relating to its employees covered by this Agreement
for examination, whenever such examination is deemed necessary in connection with the proper
administration of the Trust Funds. The Trust Funds may, during the course of an audit, require
that the Employer produce vendor information, material invoices, and information relating to
other disbursements. Trust Fund auditors may require access to the Employer’s electronic
records relating to any information sought during an audit. If any Employer fails or refuses to
furnish its payroll records to the Trustees or their authorized agents upon demand or refuses to
afford the Trustees, or their authorized agents reasonable opportunity to examine the same in
accordance with standard auditing procedures, the Trustees may enforce such right by legal
action in which event all attorney fees, service fees, filing fees, court reporter fees, and other
legal costs and disbursements, as well as the auditing fees and costs incurred in conducting such
audit, shall be paid by such Employer on direction of the Trustees.
The Union shall also have the right to take economic action, including but not limited to the right
to refuse to supply personnel, to enforce the rights enumerated in this Article on behalf of the
Union and the Trustees. The parties to this Agreement acknowledge that the provisions of this
Agreement establishing rates of pay, wages, all hours of employment and other terms and
conditions of employment, including fringe benefits, apply to employees employed in job
classifications under this contract.
The parties to this Agreement, and all Employers covered thereby, agree to be bound by all the
terms of the respective Trust Agreements governing the establishment, administration, and
operation of the Funds in accordance with the Trust Agreements. The employers and the Union
hereby ratify all of the actions already taken or to be taken by such Trustees within the Scope of
this authority provided that action is within the scope of the Trustees’ authority and not in
conflict with this agreement.
National or State Health Insurance. In the event that health care reform enacted in 2010 under
Public Law 111-148 (the Patient Protection and Affordable Care Act) and Public Law 111-152
(the Health Care and Education Reconciliation Act of 2010), or any subsequent health care
reform enacted by Congress or by the legislature of a state in the jurisdiction of this Agreement,
affects the amount of necessary contributions to the North Central States Regional Council of
Carpenters Health Fund, this Agreement shall be open for the sole and exclusive purpose of
apportioning the amount of the then-current hourly contribution required by this Article among
the Carpenters and Joiners Welfare Fund, wages, and any payments required under such health
care reform legislation. The reapportionment shall be made in accordance with agreement
reached between the Trustees of said Fund and the negotiating committees of the Parties to this
Agreement. Should the health insurance provisions contained in this Agreement and/or the
Carpenters and Joiners Welfare Fund’s plan design cause the Employer to become subject to a
penalty, fine, or other assessable payment under the Patient Protection and Affordable Care Act
or any related law or regulation, the matter will be referred to the Carpenters and Joiners Welfare
Fund for a revision of the Plan so that the penalties cease. If the Trustees do not take action to
have the penalties cease, the Union and the bargaining parties will immediately bargain over a
solution that does not increase the total cost to the employer. The bargaining parties recognize
that the Affordable Care Act and related regulation have created a challenging and dynamic
environment for the Carpenters and Joiners Welfare Fund. Should health and welfare coverage
options become available through a legislative and/or government-sponsored program such as a
health insurance exchange, and such coverage is more economical than that which can be offered
by the Carpenters and Joiners Welfare Fund, either party may request in writing, and the other
party shall agree, to meet in good faith within 30 days of the written request to review and
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consider changes to the Agreement that would accommodate the use of such a program as a
supplement to or replacement for the current Carpenters and Joiners Welfare Fund.
L.
Pension Rehabilitation Plan. The actuary for the Twin City Carpenters and Joiners Pension
Fund (the Plan) has certified that the Plan, for the Plan year beginning January 1, 2010, is in
critical status as that term is defined in the Pension Protection Act of 2006. As a result of the
Plan being so certified, the Trustees of the Plan are required to adopt and the parties to this
Agreement are required to implement a Rehabilitation Plan. The Trustees have adopted a
Rehabilitation Plan, dated April 9, 2010, and have communicated it to the bargaining parties, by
notice dated April 30, 2010. The Rehabilitation Plan is hereby incorporated into this Agreement
by this reference. The parties hereby implement the Rehabilitation Plan and authorize and direct
the Trustees to take any and all actions permitted or required by the Rehabilitation Plan or which
they find reasonable and appropriate in achieving the objectives of the Rehabilitation Plan as
required by law.
M.
Fringe Funds and Designated Depository. Employers covered by this Agreement shall pay the
contributions required to be made to the Funds listed in accordance with this Agreement to the
following funds via the depository identified by this Agreement, or such depository as may be
designated by the Trustees from time to time. Such contributions shall be sent together with the
required remittance reports for the following funds to the designated depository.
Designated Depository
Minnesota Carpenter Fringe Benefits
Administrator: Wilson McShane,
3001 Metro Drive, Suite 500,
Bloomington, MN 55420
952-854-0795
Fringe Benefit Funds/Dues
Twin City Carpenters & Joiners Pension Fund
Carpenters and Joiners Defined Contribution Plan
Carpenters and Joiners Welfare Fund
Carpenters & Joiners Apprenticeship and Journeymen Training Trust Fund
Carpenters International Training Fund
Carpenters Savings Plan
Working Dues
N.
O.
Under predecessor Agreements, Employers made contributions to the Twin City Carpenters &
Joiners Vacation Fund (“Vacation Fund”). The Parties to this Agreement ratify the actions of the
Vacation Fund trustees and, in accordance with Article 20 of this Agreement, the Parties direct
that upon June 1, 2013, all contributions formerly directed toward the Vacation Fund shall be
henceforth contributed as “Savings Plan” contributions made to the Carpenters Federal Credit
Union, or such other financial institution designated by the Union. The Savings Plan hereby
established is not a jointly trusteed Taft-Hartley Plan, but rather an allocation from the gross
taxable wage toward an individual savings account for each employee working under the terms
of this Agreement. All payment, delinquency, and collection provisions of this Article shall
apply to Savings Plan contributions. Nothing in this Section shall be interpreted to restrict any
means of collection of Savings Plan contributions, nor the collection of an amount equivalent to
dues through Savings Plan contributions per Article 5.2 of this Agreement.
Owner Operators. A person performing bargaining unit work for an Employer owned in total
or in part and/or controlled by the person, the person’s spouse, or member of the person’s family,
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shall participate in the fringe benefit and industry funds by paying contributions at the applicable
rate multiplied by 160 hours per month. The Trustees of the Carpenters Trust Funds at their
discretion may adjust the Owner Operator contribution requirement.
ARTICLE 17
Industry Fund
The Employer shall contribute five cents ($.05) per hour for each hour worked into a Trust Fund. The
Trust Fund shall be administered by IMCA in accordance with a Trust Agreement developed by IMCA.
The purpose of the Trust will be to promote programs to increase the efficiency of the Industry, develop
job opportunities, benefit the public, and facilitate other purposes of the IMCA or their members.
UBC Millwrights Labor-Management Industry Promotion Fund- In addition to any contributions
otherwise called for herein, the parties agree that the Employer shall make a contribution of five ($.05)
per hour worked for each millwright employee covered by this agreement to the UBC Millwrights
Labor-Management Industry Promotion Fund (“Millwright Fund”). Payment shall be made to the
Millwright Fund or to such collection agent as is designated by the Millwright Fund on or before the 20th
day of the month following the month of the work performed. The Employer hereby agrees to be bound
by the Agreement and Declaration of Trust for Millwright Fund as it exists and as it may be amended
restated, and to such rules, regulations or other governing documents adopted pursuant to such Trust.
Employer contributions to this fund shall be remitted to Wilson McShane. Funds will then be forwarded
to the UBC National Funds address.
Remittance address:
UBC National Funds
P.O. Box 94449
Chicago, IL 60690-4402
ARTICLE 18
Subcontractors Clause
The Employer agrees that, in the event it subcontracts work covered by this Agreement to subcontractors
not bound by this Agreement, the Employer will require said subcontractors to enter into an agreement
with it containing the following language:
"For all of its employees performing work covered by the collective bargaining Agreement between the
general contractor and the Millwrights and Machinery Erectors, a copy of which the subcontractor
acknowledges receipt of, the subcontractor agrees to pay said employees at a rate equal to the wage rate
provided for in said collective bargaining agreement and further, the subcontractor agrees to provide
said employees with fringe benefits and other working conditions equal to those provided for in said
collective bargaining agreement."
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ARTICLE 19
Hiring Clause
The Employers agree to use the services of the Union in the procurement of qualified and competent
workers and recognize the Union as a major source for procurement of such workers. The Employers
agree to notify the Union when such workers are needed.
The Union agrees that its selection of applicants for referrals shall be on a non-discriminatory basis
without regard to race, creed, color, age, sex, membership or non-membership in any Union. In the event
the Unions fail or are unable to refer applicants pursuant to affirmative action or other criteria or
requirements of contractors by the Equal Employment Opportunity Commission, Office of Federal
Contract Compliance or any other regulatory or awarding agency with jurisdiction over the contractors,
the contractors may recruit acceptable applicants directly sufficient to satisfy their need in whatever
manner they desire. In such case, all employees hired by the contractor shall as a condition of
employment, immediately become and remain a member in good standing in the union. Contractor
agrees to notify the union of any Employees so hired as soon as possible.
The Employers have the right to reject for good cause any and all applicants referred by the Union and
assume no obligation whatsoever because of such referral, except as outlined in other Articles of this
Agreement.
The Union shall refer workers, when notified, within forty-eight (48) hours from the time such notice is
received. If the Union cannot refer required number of workers acceptable, the Employer is then
authorized to employ workers from any source available but the workers so hired shall, as a condition of
employment, immediately become and remain a member in good standing with the union. In such event,
the Employer will notify the Union of the names and the dates of such hiring. The Employer shall have
the right to request a former employee by name. This request shall be in writing on forms provided by
the Union. Any former employee who has performed work for the Employer in the geographic area and
under the terms established by the collective bargaining agreement of this Local Union within the past
24 months, and who is registered with the referral office, shall be eligible for such request.
Each applicant referred by the Union shall be furnished with a referral form indicating name, address
and status.
It is recognized by the parties hereto that the Employer will have no control over the referral policies of
the Union or any means of determining the degree of compliance with the non-discrimination provisions
of this Agreement and State and Federal Laws.
12
North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
ARTICLE 20
Wages
A.
The minimum scale of wages to be paid Journeyman Millwrights described in Territorial
Jurisdiction of Millwright Local No. 548, shall be as follows as of May 6, 2013:
Training
Fair
Contracting
Industry Fund
-
$1.51
-
4%
$6.13
$10.05
$2.60
$0.55
$0.02
$0.10
$19.45
$51.48
JM+Safety
$33.03
-
$1.51
-
4%
$6.13
$10.05
$2.60
$0.55
$0.02
$0.10
$19.45
$52.48
JP + Safety/Weld
$33.53
-
$1.51
-
4%
$6.13
$10.05
$2.60
$0.55
$0.02
$0.10
$19.45
$52.98
6001-7000 (95%)
$30.43
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$48.88
5001-6000 (90%)
$28.83
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$47.28
4001-5000 (85%)
$27.23
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$45.68
3001-4000 (80%)
$25.62
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$44.07
2501-3000 (75%)
$24.02
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$42.47
2001-2500 (70%)
$22.42
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$40.87
1501-2000 (65%)
$20.82
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$39.27
1001-1500 (60%)
$19.22
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$37.67
501-1000 (55%)
$17.62
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$36.07
0-500 (50%)
$16.02
-
$1.51
-
4%
$6.13
$9.05
$2.60
$0.55
$0.02
$0.10
$18.45
$34.47
Savings
TOTAL
PACKAGE
DC Pension
$32.03
Total Fringes
DB Pension
JP
Classification
Gross Wages
Health
Fringe Benefits
Dues
Deductions
*Effective June 1, 2010, the sum of five cents ($0.05) per hour is allocated as a contribution to a
Plan, administered in accordance with Article 16, hereby established for the purpose of defraying
the expenses of apprentices who are separated from employment to attend weeklong
apprenticeship school, such contribution shall be remitted to the Plan as established.
Total Package will increase by $1.40 on May 5, 2014.
Total Package will increase by $1.40 on May 4, 2015.
All fringe benefits are calculated based on hours worked unless otherwise noted.
*Any future increase in fringes will reduce the base rate by the same amount.
***Vacation and supplemental dues are taxable fringes, and are calculated based on hours paid.
They are added to the base rate to establish the gross taxable rate. The gross taxable rate is
subject to payroll taxes. After payroll taxes are deducted, the vacation and supplemental dues
contribution is deducted, and remitted to the appropriate trust fund based on hours worked. The
difference will remain on the employee's check.
B.
FOREMAN AND GENERAL FOREMAN. The minimum scale for Foreman shall be $2.25
($2.50 with UBC Foremen Training) per hour above the Journeyman's scale of wages. The
minimum scale for General Foreman shall be $1.75 ($2.00 with UBC Foremen Training) per
hour above the Foreman scale.
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
C.
Apprentice Millwright wage rates shall be governed by the provisions of the Twin City
Millwrights Joint Apprenticeship Standards.
Local 548 Safety and Welding Raise
Effective April 28, 2002, employees will receive an additional $1.00/hr. added to their gross taxable rate
if they complete and remain current in the required safety classes. Effective June 1, 2010, employees
will receive $1.50/hr. added to their gross taxable rate if they complete the OSHA 30 mandatory course
as described in section 2 below, and if all other Safety and Welding Raise requirements are met.
Requirements:
Three Mandatory Courses: All mandatory qualifications for the Local 548 Safety and Welding Raise
will expire after four years from date of issue. There are three mandatory subjects in which “unexpired”
qualification is required. Failure to re-qualify shall result in removal of safety raise.
1.
Rigging Qualification 40 hour course (32 Rigging & 8 Signaling) offered by the United
Brotherhood of Carpenters and Joiners (UBC). The Rigging Qualification expires after four
years and effective October 1, 2009, with a one year grace period to take a refresher course.
THE LOCAL 548 SAFETY AND WELDING RAISE WILL EXPIRE IMMEDIATELY
UPON THE EXPIRATION OF THE RIGGING QUALIFICATION.
2.
Millwright Health and Safety 16 Hour Course (MWH&S16) offered by The UBC which also
meets the requirements of the OSHA 10 Hour Course in Construction Safety (OSHA 10). The
MWH&S16 currently does not expire nor does the OSHA 10 at the issuing agency. FOR THE
LOCAL 548 SAFETY RAISE MEMBERS SHALL TAKE A REFRESHER COURSE EVERY
FOUR YEARS. The Millwright Health and Safety 16 Qualification expires after four years with a
one year grace period to take a refresher course. The MWH&16 Refresher (four hours) will be
administered through the North Central States Regional Council of Carpenters Millwright Training
Center. The MWH&S 16 will stay into effect until January 1, 2012.
Effective June 1, 2010, the Millwright Health and Safety 16 Hour Course is replaced as a
mandatory course by the OSHA 30 Course. The OSHA 30 Course does not expire at the issuing
agency. THE LOCAL 548 SAFETY AND WELDING RAISE MEMBERS SHALL TAKE A
REFRESHER (10 hours) EVERY FOUR YEARS (or within four years if mandated by a customer
or regulation) with a one year grace period to take a refresher course. The OSHA 30 Course
Refresher will be administered through the North Central States Regional Council of Carpenters
Millwright Training Center. If the employee does not complete the OSHA 30 by January 1, 2012,
they shall not be paid the safety and welding raise. Example: any member that is currently
qualified to receive the safety and welding raise based on the requirements for millwright health &
safety 16 under the previous contract will be current in their $1.00/hr. safety raise status until their
Millwright Health and Safety 16 expires or January 1, 2012, whichever comes first. However, a
complete OSHA 30 course will be required. No credit will be given for previous MW H&S16
class.
Confined Space Operations (16 hours) offered by the UBC or the Committee to Protect
Worker’s Rights (CPWR). The Confined Space Course does not expire at the issuing agency.
FOR THE LOCAL 548 SAFETY RAISE MEMBERS SHALL TAKE A REFRESHER
EVERY FOUR YEARS. The Confined Space Operations Qualification expires after four
years and effective October 1, 2009, with a one year grace period to take a refresher course.
The Confined Space Operations Refresher (four hours) will be administered through the
North Central States Regional Council of Carpenters Millwright Training Center.
3.
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
Two courses of the Millwright’s choosing:
There are 7 options. They are First Aid/CPR; Aerial Lift Qualification; MSDS; Scaffold User or Erector
(any type); MSHA; Forklift; and an AWS Course and Certification (with a minimum 3G certification) as
approved and arranged by the North Central States Regional Council of Carpenters and Millwright
JATC.
Currently, only the issuing agencies for First Aid/CPR require updating.
First Aid expires after three years and CPR after one year. For the Local 548 Safety and Welding raise,
First Aid/CPR is considered expired if the refreshers required by the issuing agency are not satisfactorily
completed. Hence, Qualification for the Local 548 Safety Raise requires a CPR refresher every year.
Implementation
Annual. A letter will be sent to all apprentice and journey level millwrights by the director or
coordinator of the JATC, around contract anniversary date (May 1) showing their training
records and their current Local 548 Safety and Welding Raise status.
Monthly. The director or coordinator of the JATC will update the List of Members Qualified for
the Local 548 Safety Raise prior to the first day of each month. Notice of Status Change will be
sent to Local 548, IMCA members and all local contractors employing millwrights.
The Employer must pay employees at the Safety and Welding Raise level when the Employer is
notified in writing or by electronic means (dated). The increase is effective as of the date of the
notification.
The Millwright JATC shall coordinate the Safety and Welding Raise Program.
ARTICLE 21
Hours
A.
The standard work day shall consist of eight (8) hours between the hours of 8:00 a.m., and 4:30
p.m., except by mutual agreement between the Union and the Employer, the hours may be
adjusted to an earlier starting time to promote the efficiency of the job.
The regular starting and quitting time shall be at the tool room. The standard work week shall
consist of forty (40) hours in any one week.
When conditions make it necessary to work more than one shift, any extra shifts shall be
considered night shifts and shall receive twelve percent (12%) of base rate per hour premium
pay. Overtime shall apply to shift work. A meal period of at least one-half (½) hour shall be
taken in the middle of all shifts; the same workers shall not work on more than one shift; no shift
work shall be started without prior notification to the Union.
Overtime worked between the hours of 8:00 a.m., Monday to midnight Friday shall be at the rate
of time and one-half. Any work on one shift over eight (8) hours shall be at the rate of time and
one-half (1 ½) rate and any work on one shift over twelve (12) hours shall be at the rate of
double time. All work done between Saturday midnight and the following Monday at 8:00 a.m.
shall be at the rate of double time with the exception of shift work, beginning on Saturday and
ending on Sunday, and where the earlier starting time is permitted. The first twelve (12) hours on
Saturday shall be at time and one half (1½) rate. All hours worked after twelve (12) hours shall
be at the double time rate except if the Saturday is recognized as a holiday. In such case all
hours worked shall be paid at the double time rate.
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
B.
C.
In cases of necessity or where work cannot be done during the regular working hours (such as in
buildings where business is being transacted), the day shift may start work at the close of the
business day under the rules and hours governing the night shift.
No Millwright shall work on the following holidays: New Year's Day, Memorial. Day,
Independence Day, Labor Day, Thanksgiving Day, or Christmas Day, unless in case of necessity
for which double time shall be paid.
When regulations of the Federal Government designate any of the above holidays to be observed
on Monday, then Monday shall be celebrated as such by Employees covered under this
Agreement.
When a Holiday falls on Saturday, the Friday before shall be considered a double time day.
When a Holiday falls on Sunday, the Monday following shall be considered a double time day.
It shall be understood that there shall be no pyramiding of overtime.
ARTICLE 22
Travel and Subsistence
A.
B.
C.
D.
E.
F.
G.
H.
Subsistence pay shall be paid at the rate of $15.00 for each working day on the job, on jobs
located more than 55 miles and less than 70 miles from 1295 Hunting Valley Road, St. Paul,
MN. Provided that on jobs located 71 to 90 miles from the 1295 Hunting Valley Road, St. Paul,
MN, the subsistence rate per working day shall be $40.00. Jobs beyond 91 miles from 1295
Hunting Valley Road, St. Paul, MN subsistence rate per working day shall be $65.00.
Provided further, that on jobs otherwise requiring subsistence, no employee whose home of
record*** is within 55 miles of the job site shall be eligible for subsistence pay. Employees
whose home of record is between 55 and 70 miles or beyond 71 miles from the job site shall be
paid subsistence as provided in the foregoing paragraph.
Provided further, that where employees eligible to receive subsistence under the foregoing are
required to report to work but are unable to work because of inclement weather or other
conditions beyond the control of the Employer, the Employee shall nevertheless receive
subsistence pay for that day.
Provided further, that when a holiday falls on a Tuesday, Wednesday or Thursday, the Employee
eligible to receive subsistence pay under the foregoing shall receive subsistence pay for that day.
Provided further, that mileage is determined by the distance traveled on the most direct route by
improved roads.
Provided further, that all Employees traveling to jobs in subsistence areas will be paid travel time
and mileage once at the time of hiring and once at the time of lay-off. Mileage and travel time
payments shall be calculated from 1295 Hunting Valley Road, St. Paul, MN 55108 or "home of
record,"*** whichever is closer. This provision shall not affect employee's eligibility for
subsistence.
Provided further, that on one day jobs where travel time and mileage, if applicable, is paid,
subsistence will not be paid. Mileage will not be paid if the Employer provided transportation.
The Employer has the option of providing transportation or paying mileage.
Travel time for subsistence zones shall be at the rate of one (1) hour straight time pay for each
sixty (60) miles traveled. Mileage shall be at the federal rate per mile. An employee who
voluntarily quits shall not receive return mileage or travel time, but shall receive subsistence for
the last full day worked.
16
North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
I.
For the purpose of the Wage and Hours Regulations, travel time shall be paid at straight time rate
on employees pay check. Subsistence and mileage shall be paid on a separate check apart from
wages.
J.
Parking. Paid parking by Employer. Employee must turn in receipt. If Employer furnishes a ride
to and from the job site from offsite free parking area, employee shall not be paid for parking.
K.
The Union and Employers by mutual agreement, may modify or waive any provisions within this
Article on a project basis in order to allow any signatory Employer to compete on the project.
The Employer must contact the Union prior to bid to request a modification. IMCA shall be
notified of all modifications. These modifications shall be communicated on the same basis as
the Union’s market recovery program.
***Home of record is defined as the Employee's permanent domicile as recorded on official Union
records, subject to verification by the Union.
ARTICLE 23
Foreman and General Foreman
When two or more Millwrights are employed on any one job, one of the journeymen shall be designated
as foreman. The foreman shall be a working foreman.
The crew size under the direction of any one foreman shall be any number of workers required to safely
perform the work and may be increased or decreased at the discretion of the Employer.
The Employer recognizes that there are limitations as to the number of workers the foreman can
efficiently supervise and still work with his tools.
When Millwrights are working at multiple sites in the same complex for the same customer, it is not
necessary to have a foreman for each site.
Foreman rate:
General Foreman rate:
$2.25 over journeyman scale ($2.50 with UBC Foremen Training)
$1.75 over Foreman rate ($2.00 with UBC Foremen Training)
ARTICLE 24
Stewards
A.
B.
C.
D.
The Union Representative shall have the right to designate a Steward from the out of work book,
and shall notify the Employer, or its representative on the job.
The Steward shall not be docked for time spent in giving assistance to injured workers or caring
for his tools or clothing.
The Steward shall not be discharged or transferred for performing the normal duties of a Steward
in a reasonable manner.
The Steward shall not be terminated except on completion of the job, unless requested by
Employer and as deemed necessary by the Business Representative or pending a hearing to be
held before a committee composed of a Representative of the Employer and a Representative of
the Union. Such hearing will be held within two (2) working days of said notice.
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
ARTICLE 25
Work Break
The Employee shall be entitled to a break in the forenoon and afternoon and shall not otherwise hinder
the progress of the job. The breaks shall not exceed ten (10) minutes and shall be taken in the
approximate area that the work is being performed.
If the area of work is being performed or if the facility is designated as non-smoking, the Employee(s)
shall refrain from smoking. If the area or facility is not designated as nonsmoking then the -Employee
shall smoke only during the established ten-minute (10) break in the forenoon, afternoon, and during the
lunch time break. No other separate break of any duration shall be taken by the Employee(s) for the
purpose of smoking. On jobs scheduled ten (10) hours or more, there will be a ten (10) minute break
after eight (8) hours. The Contractor shall provide sanitary drinking water and toilets
ARTICLE 26
Call In Pay
A.
B.
When an Employee is called to work, Employee shall receive two (2) hours pay if not put to
work, but they must remain on the job site in order to receive this two (2) hours pay, unless
excused by job foreman or superintendent.
If an Employee is called to work and is directed to go to work, they shall receive a minimum of
four (4) hours pay, but they must remain on the job site, unless excused by job foreman or
superintendent.
ARTICLE 27
Pay Day and Wage Payments
A.
B.
C.
D.
E.
F.
G.
H.
All regular, full time Employees covered by this Agreement shall be paid in full each week. Not
more than seven (7) days shall be held back, including pay day.
Wages shall be paid at or before the end of the shift on the designated payday.
When an employee is laid off or discharged, the employee shall receive all money due in cash or
negotiable check upon layoff, except in the case where the contractor has within the past twentyfour (24) months made regular payroll in a timely basis for at least six (6) consecutive months. In
such case the employee shall receive their pay on the next regular pay day.
Any Employee who quits will be paid any wages due at the next regular payday.
The Employer agrees to provide the following information on Employee's check stub: Hours,
date, regular pay, overtime pay, gross pay, deductions, and net pay.
The Employee shall be given one hour notice prior to lay-off. This shall not be construed as pickup time.
If the Employer does not mail the Employee's pay check as designated in (C) above, a two (2)
hour penalty shall be added for each working day, until the check is mailed to the Employee's
last known address.
When an Employee has been engaged by the Employer, either directly, or through the Union,
and has been given an assignment slip to go to work for a Contractor and is refused employment
when arriving at work with tools, Employee shall be paid four (4) hours time, providing
Employee arrives at a reasonable time, not to exceed four (4) hours (as recorded by a time stamp)
after receiving such referral; except when such refusal of employment is due to conditions
beyond the control of the Contractor.
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
I.
If an Employee is laid off outside of the regular working hours, Employee shall be given at least
four (4) hours pay for that day, unless such layoff is caused by conditions beyond the control of
the Employer.
ARTICLE 28
Tools
The Contractor shall provide a proper tool shed for the Millwrights to store their tools. A place shall be
provided with sufficient quarters for them to keep their lunch and eat in, this place to be adequately
heated in cold weather. While tools are in the care, custody, and control of the Employer, the Employer
shall replace each employee’s tool losses caused by fire, wind, burglary, and forcible entry up to a
maximum of $2,000 dollars or the Employee’s tool list.
When more than one shift of Millwrights are working, separate tool storing facilities will be furnished
for each shift accessible only to the Millwrights on that shift.
The Contractor shall furnish all power tools. Additionally, the Contractor will furnish or replace drill
bits, taps, hacksaw blades and other small expendable tools broken or damaged on the job.
No Employee shall be required as a condition of employment to furnish a truck.
ARTICLE 29
Training Fund
The Employer shall contribute an amount specified per hour for each hour worked to a Training Fund to
be known as the Twin City Carpenters Apprenticeship and Training Fund under a Trust Agreement;
copies of which the Employer will receive and to which the Employer agrees to be bound.
The Union agrees to actively participate with the Employers in formulating and implementing
apprenticeship and training programs that are needed by the industry. The Union and the Employers
agree to cooperate and utilize the services of a trained specialist to develop plans and programs to
improve the present plan. The cost of these programs will be borne by the Fund.
ARTICLE 30
Employee's Responsibility
Any work deliberately installed incorrectly or through gross negligence of the journeyman shall be
corrected by the journeyman on his own time or by paying for the time of another journeyman
correcting same, provided, that the journeyman at fault, has been given an opportunity to correct such
work himself. Any dispute between the Employer and Employee arising out of this provision shall be
determined as provided in Article 10.
ARTICLE 31
Moonlighting
Employees covered by the terms of this Agreement shall not:
A. A. Act as Independent Self-Employed Contractors, nor:
B. B. Compete with Employers.
Employers shall refer in writing to the Union evidence of alleged violations of this Article.
19
North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
ARTICLE 32
Saving Clause
This Agreement is intended to be in conformity with all applicable and valid State and Federal Laws,
rules and regulations. Any conflict between the provisions of this Agreement and the terms of any such
laws and regulations shall cause the provisions of this Agreement so in conflict to be superseded or
annulled but shall not supersede or annul the terms and provisions of this Agreement which are not so in
conflict.
ARTICLE 33
Drug Testing Addendum
There is a drug testing addendum in place. If you would like a copy of it, please contact the North
Central States Regional Council of Carpenters and Joiners at (612) 646-7207.
The Union and the Employer agree that both parties have an interest in establishing a drug-free
workplace and resolve to establish a substance abuse testing and assistance program (Program) that is
maintained on an industry basis. The parties agree to meet on a labor-management basis to formulate
the terms of this Program during the period of this agreement. The funding of this Program will be
through a $xx per hour contributed into a joint labor-management trust formed for the purpose of
administering the Program. Copies of the trust agreement will be provided upon request. The funding
will begin upon the anniversary wage/benefit increase date prior to the implementation of the Program.
(For example, if the Program is to be implemented November, 2008, then a $.xx will commence May 1,
2008). This is an Employer contribution; In the event the Program is terminated, then the contribution
will discontinue for the Employers. Under no circumstances will this article or any negotiations,
signing, or implementation of the Program pursuant to this article be considered an opener or re-opener
of the agreement, or subject to any work stoppage.
ARTICLE 34
Workers Compensation
The parties agree to explore the formation of a labor management Workers Compensation Program. The
program is designed to create a jointly trustee system of establishing insurance, creating safety
programs, managing care, paying claims and resolving disputes. In the event a mutual agreement is
reached this Program shall be incorporated into this Agreement.
ARTICLE 35
Trade Autonomy
The machinery, equipment and associated components listed below which is identified for the purpose
of description only, falls within the jurisdiction of the United Brotherhood of Carpenters and Joiners of
America (Millwrights).
Although some components of machinery and/or equipment may be described in one application or
location and not in another, it shall not be excluded from our autonomy when, to avoid repetition, it is
not described in other applications.
The term Millwright and Machinery Erectors shall mean the unloading, hoisting, rigging by any means,
transferring, moving, cleaning, disassembling, assembling, welding, burning, erecting, calibrating,
aligning, starting-up and testing, adjusting, repairing, and the maintaining of all machinery and
equipment, be it powered by, or receiving power from, steam, gas, gasoline, diesel, jet, electric, pneumatic, water, solar, thermal, mineral, atomic, rocket, nuclear, chemical or any other source, regardless
20
North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
whether temporarily or permanently installed or located.
Some of the locations in which you may find machinery, equipment and their components are:
woodworking, canning, food, and computer industries, steel, metal, plastic, and glass manufacturing or
recycling plants, foundries, ore reduction plants, stamping facilities, coffee roasting plants, paper,
cellophane and film industries, feed and saw mills, rock, gravel, sand washing, stone crushing, cement
and asphalt plants, water, sewerage and chemical treatment plants, laundries, kitchens, restaurants,
hospitals, bakeries, fertilizing and mixing plants, can, ice, bottle and bag manufacturing plants, textile,
flour, and paint mills, breweries, milk, rendering and meat processing plants, locks and dams, coal yards,
sugar refineries, post offices, package handling centers, incinerators, co-generation, coal gasification and
power plants, automotive, truck and/or similar manufacturing type factories, bio-research facilities, the
amusement, recreational and entertainment fields.
Millwrights shall set all engines, motors, dynamos, generators, diesel generators, motor restraints,
install, measure, and align with optical instruments when necessary the reactors, control, push and shutdown rods, rod pressure housing, drives, guide sleeves and other related equipment in reactors, turbines,
castings, cylinders, diaphragms, rotors, blade rings, blade or bucket assemblies, hydrogen coolers,
blower assemblies, packing joints on hydrogen coolers, exciter or Alterex and all others, turning gears,
extension box, welding of extension box, lagging, stretching of coupling bolts or others, perform oil
flush, install turbine lube oil tank, pumps and related component skids, filters, thrust bearings, the
sweating on and shrinking of bearings, couplings, shafts and others, sole plates and machine bases,
perform all precision grouting using the following materials, epoxy, wet, non-shrink, dri-packing or
other types, demineralizing, hydromation and mechanical dust systems, sensors, air compressors, super
charges, coolers, boiler controls and linkage, Bailey Meters or similar devices and their linkages, fluid
drives, embedded guides for traveling screens, traveling screens, roller, slide, knife, lock and sluice
gates, limit torques on mechanical valves, gates and others, tainter valves, limit switches, trips, triggers
or switches including the brackets that are attached to, stop logs, dam rollers, transfer cars, gear head
motors.
The setting of variable drives, fans, coal cranes, truck cranes or other types, including the servicing,
adjusting and aligning of mechanical equipment within the cranes, crane rails and all other types of rails
which would carry mechanically activated equipment, including components, packaging equipment,
refrigerating equipment, chillers, and related equipment, lantern rings, packing glands, packing for
pumps, pollution equipment, carbon absorbers, heat exchanges, grain, ball, hammer, roller mills and
others, crushers and beaters, hoppers, bins, chutes and spouts, turn tables, shears, casing machines,
robots, air-veyors of all sizes, types, and styles regardless of the materials they are constructed with,
including their supports, people movers, jet ways, magnetic separators, hoists, feeding machinery, Zloaders, S-loaders, palletizers, Triax equipment, mechanical equipment in scrubbers, pack towers,
precipitators, cooling towers and air cooled condensers.
The setting of thru-clean bar, straight line bar, trash, tritor drum, and disc screens, straight line grit,
circuline grit, circuline sludge, and circuline mixer collectors, straight line, flash, horizontal slow,
vertical slow, and vibra-flow feeder machines, pre-aeration and settling tanks, covers tanks, bowls and
basins including stationary or mechanical covers regardless of dyna-grind sewage screening grinders,
screw pumps, hydropulpers, spiral classifier, agitators, blowers, grizzly screens, trommels, table feeders,
dryers, optical sorters, high tension separators, grip dewatering screens, filter, cone and rotary presses,
comminutors, barminutors, degreasers, rotometers, dehumidifiers, benches, washers for cars, trucks,
buses, trains and other types, hydraulic units, shroud boxes, silencers, scales, load cells, eddy current
clutches, disintegrators, dehairing machines, grain handling devices, laboratory equipment, machine
shop equipment, ladle cars, stunning pens and doors, activation equipment, racks, material handling
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
platforms, transition pieces, the handling and installation of pulleys, gears, sheaves and fly wheels, air,
vacuum, worm, belt, friction, rope, chain and gear drives that are directly or indirectly coupled to
motors, belts, chains, shafts, or screws, installation of legs, boots guards and boot tanks, all bin and
diverter valves, turn hands and indicators, shafting, bearing cable sprockets, cutting of all key seats in
old and new work, troughs, chippers, calendars, rolls, winders, rewinders, slitters, cutters, wrapping
machines, blowers, forging machines, pneumatic, electric and hydraulic rams, extractors, expellers and
extruders, ball and dust collectors, splicing of ropes and cables.
The laying out, fabrication and installation of protecting equipment including: machinery guards,
making and setting of templates for machinery, fabrication of bolts, nuts, pans, drilling of holes in
machinery for any equipment which the Millwrights install regardless of materials, all welding and
burning regardless of type, fabrication of all lines, hose or tubing used in the lubrication, operation, cooling or heating of machinery including the installation of all fluids used to operate, lubricate, cool or heat
equipment installed by Millwrights, cleaning of machinery before turnover to owner, machining,
grinding, milling, broaching, boring, threading, lapping and keying that may be necessary for any part of
equipment, including the starting up, breaking in, and trial running of any equipment or machinery
installed by the Millwrights.
Rock, sand and gravel plants, batch or aggregate plants, recycling equipment, crushers, conveyors, or
other mechanical equipment used (for the purpose of description only) to excavate material from one
area to another from highways, roadways or elsewhere.
When optical instruments such as automatic levels, builder’s transits, precision jig transits, tilting levels,
theodilites or other precision tools and instruments re used to locate and set machines, these tools are
considered a tool of this trade and are to be used by Millwrights to set their equipment.
Asbestos removal on equipment in which Millwrights normally remove during maintenance and repair
work. (Removal shall be allowed by the union whose members have been educated and trained in the
safe removal of asbestos material and have a Minnesota State Certified License for asbestos removal.)
Setup, setting, installing, maintaining, replacement and removal processes of robotics and Mechatronics
equipment unless owner or manufacturer requirements dictate otherwise. The contractor may also
assign programming and software to millwrights.
Any new equipment or technology designed to replace any of the equipment described above shall
remain in the jurisdiction of the Millwrights including Forklifts and carry decks necessary to complete
assigned job tasks for the installation of machinery and equipment by Millwrights.
ARTICLE 36
Fair Contracting Foundation – Labor Management Cooperative Committee (LMCC)
Effective May 1, 2013 the parties agree to participate in and fund the Fair Contracting Foundation of
Minnesota (FCF) through a Labor-Management Cooperation Committee Trust Fund, pursuant to Sec.
6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. § 175a and Sec. 302(c)(9) of the
Labor Management Relations Act, as amended.
The parties agree that the terms and conditions of this labor agreement help establish industry standards
for safety, training, workforce availability, dependable benefits and reasonable wages. Unlawful
conduct on construction projects jeopardizes these negotiated terms, interferes with contractors’ lawful
competition, erodes industry standards and conflicts with society’s interests at large. Therefore, the FCF
is established as a LMCC to monitor and enforce compliance with federal, state and local laws, rules and
regulations. FCF’s further purpose is to study and implement solutions to problems that impede fair
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Expires April 30, 2016
competition and stunt economic development in the industry.
Each Employer shall contribute two cents (2¢) per compensated labor hour to the FCF Trust Fund and
this funding shall be borne equally by the workers and employers, each contributing one cent (1¢) for
each compensated labor hour. Each Employer shall forward payment monthly, in a form and manner
prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in
which the labor was performed.
The FCF shall function in accordance with a Trust Fund established solely and exclusively for the FCF
by a separate Agreement and Declaration of Trust for the Fair Contracting Foundation of Minnesota, any
amendments thereto, and any of its governing documents. The terms of the FCF Agreement and
Declaration of Trust and all other governing documents are fully incorporated into this Article by
reference.
Employer contributions to FCF shall sunset at the expiration of this Agreement pending negotiations of
the Successor Agreement.
ARTICLE 37
Duration
A.
B.
C.
D.
This Agreement covers the entire understanding between the parties hereto. Matters which are
not contained herein will be of no force or effect upon any party hereto.
This Agreement shall remain in full force and effect through April 30, 2016.
All terms of this Agreement shall take effect on May 1, 2013.
Any party has the right to terminate or amend this Agreement by giving notice to the other party
not more than ninety (90) days, not less than sixty (60) days before the expiration of this
Agreement. Failure to give such notice shall bind the parties to a Successor Agreement covering
work traditionally having been performed under this agreement. For purposes of this Article, the
Successor Agreement shall be the subsequent Agreement between the Union and the IMCA. In
the event such written notice is given, and a new Agreement is not signed before the expiration
date of this Agreement, then this Agreement shall continue in force until a new Agreement is
signed, negotiations are formally broken off, or until a strike or lockout occurs.
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Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
Millwright and Machinery Erectors #548
INDEPENDENT AGREEMENT
This agreement made this 1st day of May 2013 by and between the Independent Millwright Contractors
Association of Southern Minnesota, Western Wisconsin and South Dakota and Millwright and
Machinery Erectors Local #548, and the North Central States Regional Council of Carpenters and
Joiners of America.
WHEREAS: The Employer has received a copy and is familiar with the provisions of a collective
bargaining agreement as entered into for the period of May 1, 2013 to April 30, 2016 and
WHEREAS: The undersigned Employer wishes to employ millwrights affiliated with Millwright and
Machinery Erectors Local #548, and
THEREFORE: The Employer hereby subscribes to and agrees to be bound by the provisions, articles,
terms and conditions of the said collective bargaining agreement and accepts all of it the same as if it
were herein contained and further agrees that it will furnish Millwright Local #548 with certificates of
coverage with Workman’s Industrial Accident Insurance and be subject to coverage under the
Minnesota Unemployment Compensation Act and makes contributions accordingly.
The Employer further agrees to be bound by all of the provisions of said contracts with reference to
fringe benefits including pension, health and welfare, vacation/supplemental dues, industry promotion
and apprenticeship training.
The Employer hereby acknowledges that he has received a copy of this Agreement and copies of the
above mentioned agreements.
The Employer acknowledges that the Union has established that a majority of its employees are
members of the Union and recognizes the Union on the basis of that majority status.
If this Agreement is signed for and on behalf of a corporation, then the person signing this agreement
not only binds the corporation but also binds himself individually to the full and faithful performance of
all of the terms and provisions of this Agreement.
The Employer further agrees that he will remain in compliance with the provisions hereof and as they
may be amended or extended until the date of expiration of the aforementioned collective bargaining
agreement and thereafter until such time as this Agreement is cancelled or suspended by another
Agreement.
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Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016
Millwright and Machinery Erectors #548
INDEPENDENT AGREEMENT
_______________________________________
Print Employer Company Name
_______________________________________
Federal Income Tax # (EIN)
_______________________________________
Address
_______________________________________
State Income Tax #
_______________________________________
City
State
Zip
_______________________________________
Bonding Company
_______________________________________
Phone Number
_______________________________________
Work Comp Insurance Carrier
_______________________________________
Fax Number
_______________________________________
E-Mail
_______________________________________
Employer Signature
_______________________________________
Date
Accepted by Millwright and Machinery Erectors #548
North Central States Regional Council of Carpenters
By: _______________________________________
Agent of Record
North Central States Regional Council of Carpenters
700 Olive St.
N2216 Bodde Rd
St Paul, MN 55130
Kaukauna, WI 54130
651-646-7207
920-996-2300
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North Central States Regional Council of Carpenters
Millwright & Machinery Erectors Local #548 Agreement
Expires April 30, 2016