Fill - Free fillable CBA E Book September 2020 Final PDF form

IBEW Locals 102, 164, 400, 456

Northern New Jersey Chapter, Inc.

213 Summit Road, P.O. Box 1081 Mountainside, N.J.07092-0081

Tel: 908-654-5770 Fax: 908-654-1754

www.necannj.com chapteroffice@nnjneca.com

Sept. 2020

Table of Contents

Section I: Inside Construction Pattern Agreement

Inside Pattern Agreement

Section II: Portability

Non-Resident Employees (Portability)

Agreement on Employee Portability

Q & A for IBEW-NECA Agreement On Employee

Portability

New Jersey Option to the National Portability

Agreement

Section III: Employer Rights

Management Rights Clause

Right to Reject Referrals

Favored Nations Clause

Statements of Journeyman Responsibility

Prohibition of Journeyman Holding License &

Permit

Continuing Education for Journeymen/Foremen

Journeymen Recall

Section IV: IBEW Rights

Union Recognition/Exclusive Right of Referral

Reservation of Final Approval of CBA

Union Security

Age-Ratio

Picket Language

Union Right to Discipline Members

Union Job Access

Work Preservation Clause

Prohibition of Employer Interest in Non-Union

Entities

Policy Regarding use of IBEW/Union Label

Determination of Jurisdiction

Section V: Legal Disclaimers/Policy Statements

Separability Clause

Supremacy Clauses

Annulment/Subcontracting

Policy of Non-Discrimination

Policy on Sexual Harassment

Basic Principles

Negotiations/Dispute Resolution Procedures

Employer Qualifications/ Definition of Employer

Substance Abuse Language

Code of Excellence Program

Section VI: Referral

Reverse Layoff

Repeated Discharge

Referral Re-registration

Short Call

Exceptions to Order of Referral

Miscellaneous Referral Language

Section VII: Work Rules

Employer Ability to Work with Tools

Temporary Requirements

Travel Time/Arrangements

Employer Furnished Equipment, Tools, etc.

Tool List/Responsibility for Maintenance, Loss, etc.

Use of Vehicle (Personal/Company)

Transfer of Employees

Additional Restrictions on Work or Use of Tools

Terms & Conditions Specific to Photovoltaic Work

Section VIII: Premium Pay

Overtime/Holidays

High Time Premium

Live Work Premiums/Restrictions

Hazmat Premium

Lay Out Premium

Maintenance Work

“Off-Shift” Premiums

Misc. Language re: Premiums (incl. paid break

periods)

Shift Differential

Shift Language: Questions & Answers

Section IX: Hours/Workweek

Work Week & Start/Quit Times

“Four Tens” Language

Shift Differential

Work Sharing Language (incl. Mandatory

Vacation)

Section X: Special Employee Categories

Foreman (Classifications, Rights & Premiums)

Layout Man/Plan or Print Reader

Foreman Call-By-Name

Steward Language

Cable Splicers

Tool & Material Crib Man

Solar Handler/Solar Racking Ground Hand

Apprentice Ratios

Supervision of Apprentices

Employment of Unindentured Workers

Joint Apprenticeship and Training Committee

Apprentice Availability

Enhanced Apprentice Portability

Temporary Employees

CE/CW

Crew Composition Charts

Section XI: Pay Provisions

General Pay Provisions

Show-up Pay

Layoff/Termination Pay

Additional Guaranteed Pay & Hours (incl.

Holidays)

Section XII: Collections & Funds/Assessments

Bond Language

Fund Payment/Collection Procedures

COPE

Working Dues

Insurances/Government Requirements

JATC Contribution

NEIF Language

AMF Language

NLMCC Language

NEBF Language

TDB Language

Annuity Language

Health & Welfare Language

Local Pension Language

Personal/Vacation Fund Language

Supplemental Fund Language

Miscellaneous Fund Language

Gross Labor Payroll (GLP)

“Alumni” Agreement

Section XIII: Jurisdiction

Trade Jurisdiction

Geographic Jurisdiction

Combined Territory Language

Section XIV: Safety

Live Work Premiums/Restrictions

Manhole Work

Safety (Miscellaneous)

Section XV: Drug Free Workforce Policies

IBEW Local 164

IBEW Local 456

IBEW Local 400

Section I: Inside Construction Pattern Agreement

Inside Pattern Agreement

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Preface

In this file you will find the revised version of three different pattern agreement guides and the Construction

Wireman/Construction Electrician Addendum:

(1) Inside Agreement;

(2) Outside Agreement; and

(3) Residential Agreement.

This revision replaces the 2008 version of the Pattern Agreement Guides. This year, as in the past the documents are

provided in both PDF and Word formats. The PDF file is a secure document that cannot be changed; it can serve as a

permanent reference. The Word files can be easily used in developing your local agreements.

The revisions include additional language to the explanation of Category I and II language located in the Foreword of the

Guide, and minor typographical corrections.

All language changes are indicated by the insertion of a black bar to the left of those lines that have been changed both in the

table of contents and affected article.

The Pattern Agreement Guides have been generally well-received and have led to the submission of better local agreements

and more rapid internal analysis. Each guide includes a foreword consisting of definitions for Category I language, Category

II language, Optional Language and common provisions, as well as information regarding the submission of agreements.

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INSIDE - FOREWORD

Category I provisions, as identified in red in the Table of Contents and in the body of this Guide, are considered

Standard Agreement Language by the IBEW International Office and NECA National. By joint recommendation and

in written agreement, all Inside Construction Agreements between IBEW Local Unions and NECA Chapters must

contain all Category I Language verbatim, i.e., no deviations or changes to these clauses are permitted. Likewise, the

agreement may not contain language that is contrary to the intent of the Category I language or circumvents provisions

contained in the Category I Language. Additional language that pertains to but does not conflict with the Category I

language may follow the language, but is not to be inserted within the language. (This would also apply to Category II

and any other verbatim language.) There are also several places where Alternate Language is provided. This Alternate

Language is to be used in lieu of, and not in conjunction with, Standard Language.

Category II Language, as identified in blue, reflects provisions which the IBEW International Office recommends but

which NECA National has not endorsed. These provisions need to be negotiated locally. If adopted, this language must

be inserted verbatim into the collective bargaining agreement.

Optional Language, as identified in purple, is language that is acceptable to the IBEW International and NECA

National, is approvable, and may be included in the agreement if the local parties agree. In some cases, language other

than the particular language illustrated may be used; however, some of these clauses must be used verbatim.

Sections identified in black text are common provisions listed for local labor management consideration. They must be locally

negotiated and agreed upon and may be used as provided or modified as determined by the parties.

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IBEW Submission Requirements

Six original signed copies of the agreement must be sent to the International Office, Construction and Maintenance Department,

for International review and approval. All submitted Agreements must be signed by both parties, including the local union

Business Manager. Memoranda of Understanding and other “side agreements” must be submitted for informational purposes.

All Agreements must be submitted on standard letter-size (8.5”x11”) white paper, with black text, and accompanied by a copy

of the agreement in Microsoft Word format on a 3-1/2” computer diskette or CD-ROM, an IBEW Form 105 (Agreement

Information and Summary Form) and an IBEW Form 654 (Davis-Bacon Fringe Benefit Summary). A Davis-Bacon Form 654

is required for each state in which the agreement applies with all related counties identified. Do not refer to the body of the

agreement to identify the counties. However, an attached list to Form 654 identifying the covered counties is acceptable. The

Form 654 will be forwarded to the U.S. Department of Labor, Wage and Hour Division, with an I.O. approved agreement for

each state, to facilitate the federal recording of your wage and benefit changes.

IBEW agreement approval will be withheld where:

1) Deviations exist from Category I and/or II Language, and/or deviations exist in certain Optional Language, and/or there

are deviations from IBEW policies;

2) Provisions exist of questionable legality; and,

3) Provisions exist which are legally indefensible.

NECA Agreement Review Requirements

NECA bylaws require that at least four copies of the original signed agreements and amendments be sent to NECA national

for review. All submitted agreements or amendments must be signed by both parties. Documents should be sent on standard

letter-size (8.5”x11”) white paper, with black text, and we are asking that it be accompanied by a copy of the agreement in

Microsoft Word format on a 3-1/2” computer diskette or CD-ROM. A Davis-Bacon Wage Modification Form must

accompany the agreement or amendment. In addition, a Labor Agreement Summary Form must be enclosed for all agreements,

except Inside.

Please Note: The IBEW



and NECA have jointly agreed to the meaning and intent of this document. We recognize that there

are stylistic inconsistencies in the text, but this was the style in use at the time the various provisions were agreed to by the

IBEW



and NECA and, therefore, these provisions are to appear in your agreement as shown in this Guide.

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TABLE OF CONTENTS – INSIDE CONSTRUCTION

COLOR KEY: RED = CATEGORY I BLUE = CATEGORY II

PURPLE = OPTIONAL LANGUAGE BLACK = COMMON PROVISIONS

Article and Section numbers are for illustrative purposes only.

Section Pages Category

First Clause ................................................... ....................... 8 ........................ I

Basic Principles ........................................... ....................... 8

Article I: Effective Date/Changes/Grievances/Disputes

Standard CIR Language ................................. 1.01-1.09 .......... 9-11................... I

Modified CIR Language

(Alternate - Verbatim) .................................. 1.01-1.09 ........ 11-14................... I

Article II: Employer Rights / Union Rights

Management Rights ........................................ 2.02 ................ 15 ........................ I

Foreman Call−Out By Name (Optional) 2.03 ................ 15-16

Workers’ Comp Insurance ................................. 2.04 ................ 16

Surety Bond........................................................ 2.05(a) ............ 16

Joint Venture ..................................................... 2.06 ................ 16

Union Recognition ............................................. 2.07(a) ............ 16-17

Work Preservation ........................................... 2.08 ................ 17-18................. II

Non-resident Employees - (Portability) ........... 2.09 ................ 18 ........................ I

Favored Nations ............................................... 2.10 ................ 18 ........................ I

Union Right to Discipline Members .................. 2.15 ................ 19

Appointment of Stewards................................... 2.16 ................ 19

Union Job Access ............................................... 2.17 ................ 19

Picket Language ................................................. 2.1819-20

Tool List ............................................................. 2.2020

Union Security ................................................... 2.23 ................ 20-21

Age-Ratio .......................................................... 2.24 ................ 21 ...................... II

Annulment/Subcontracting ............................ 2.25 ................ 21 ........................ I

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TABLE OF CONTENTS (CONTINUED)

Section Pages Category

Article III: Hours / Wages / Working Conditions

Hours (Workday-Workweek) ............................ 3.01(a) ............ 22

Four Ten-hour Days (Optional) ....................... 3.01(b) ........... 22

Overtime/Holidays ............................................. 3.02 ................ 22

Payday ................................................................ 3.04(a) ............ 22-23

Direct Deposit (Optional) ................................. 3.04(b) ........... 23

Classification-Wages ........................................ 3.05(a) ........... 23 ........................ I

Apprenticeship – Six (6) Periods..................... 3.05(a) ........... 23 ........................ I

Apprenticeship –

Ten (10) Periods (Alternate-verbatim) ...... 3.05(a). .......... 24 ........................ I

Fringes ................................................................ 3.05(b) ........... 24

Travel Time ........................................................ 3.06 ................ 25

Union Dues Deduction ..................................... 3.09 ................ 25 ...................... II

Ratio of Foremen to Journeymen ....................... 3.10 ................ 25

Show-up Pay ...................................................... 3.11 ................ 26

Shift Work ....................................................... 3.12 ................ 26-27................... I

Shift Work - (Alternate I - verbatim) ................ 3.12 ................ 27-28................... I

Shift Work - (Alternate II - verbatim) .............. 3.12 ................ 28-29................... I

Shift Work - (Alternate III - verbatim) ............. 3.12 ................ 29-30................... I

COPE Deduction ................................................ 3.18 ................ 31

Article IV: Referral Procedure

Referral Procedure .......................................... 4.01-4.21 ........ 32-40................... I

Group I - (Alternate - verbatim) ....................... 4.05 ................ 34-35................... I

Re-registration .................................................. 4.12 ................ 37 ...................... II

Repeated Discharge - ………………………...4.14(b) ........... 37-38................... I

Reverse Layoff .................................................. 4.21 ................ 39 ...................... II

Worker Recall (Optional) ……………………4.22 ………...39-40

Article V: Apprenticeship and Training

Apprenticeship and Training .......................... 5.01-5.16 ........ 41-46................... I

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TABLE OF CONTENTS (CONTINUED)

Section Pages Category

Article VI: Fringe Benefits

NEBF ................................................................. 6.01 ................ 47…………..…I

Health & Welfare (Alt: Employee – or − ............

Family Medical Care) ................................. 6.0247-48

Vacation ............................................................. 6.03 ................ 48

Default on Required Payments .......................... 6.04 ................ 48

National Electrical Annuity

Plan - (Optional-Verbatim) ......................... 6.05 ................ 48-49

Supplemental Unemployment

Benefit Fund …………………………..6.06………...49-50

Fringe Benefit Remedies .................................... 6.0750

Administrative Maintenance

Receiving Trust Fund .................... Statement ..................... 50

Article VII: NEIF

National Electrical Industry Fund.................. 7.01 ................ 51 ........................ I

Article VIII: LMCC

Local Labor-Management Cooperation

Committee (LMCC) – ............................ 8.01 ................ 52-53………….I

Article IX: NLMCC

National Labor-Management

Cooperation Committee (NLMCC) ........... 9.01-9.04 ........ 54-55................... I

Article X: Safety

Safety ............................................................... 10.01-10.09 ...... 56-57

Employer Responsibility................................ 10.10 ................ 57 ...................... II

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TABLE OF CONTENTS (CONTINUED)

..................................................................Section ............... Pages .......... Category

Article XI: Substance Abuse

Substance Abuse ……………….11.01……. 58……………..I

Article XII: Code of Excellence

Code of Excellence ……………12.01……………..….59………..…….I

Article XIII: National Electrical 401k Plan

National Electrical

401k Plan (Optional- Verbatim)..13.01………………..60-61

Separability Clause…………………………….62 ………………I

Signature Page ............................................. ..................... 62

Addendum One:

Construction Wireman/Construction Electrician........(Optional-verbatim)

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IBEW RECOMMENDED INSIDE CONSTRUCTION AGREEMENT GUIDE

Agreement by and between [the] [Chapter of the National Electrical Contractors

Association (NECA)] and Local Union No. , IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term [Chapter] shall mean [the] - [Chapter of NECA] and

the term "Union" shall mean Local Union No. , IBEW.

The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement.

BASIC PRINCIPLES

The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system

and harmonious relations are necessary to improve the relationship between the Employer, the Union, and the Public. Progress

in industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and

by adjusting any differences by rational, common-sense methods. Now, therefore, in consideration of the mutual promises

and agreements herein contained, the parties hereto agree as follows:

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ARTICLE I

STANDARD CIR

EFFECTIVE DATE/ CHANGES/GRIEVANCES/DISPUTES

Note: Use STANDARD CIR or MODIFIED CIR Language for Article I. Standard CIR Language is the

preferred language endorsed by the IBEW International and NECA National.

MODIFIED CIR starts on page 11.

EFFECTIVE DATE:

Section 1.01. This Agreement shall take effect , 20 , and shall remain in effect until ,

20 unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from

through of each year, unless changed or terminated in the way later provided herein.

CHANGES:

Section 1.02(a). Either party or an Employer withdrawing representation from the Chapter or not represented by the

Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the

expiration date of the Agreement or any anniversary date occurring thereafter.

(b). Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or

no later than the first negotiating meeting unless mutually agreed otherwise.

(c). The existing provisions of the Agreement, including this Article, shall remain in full force and effect until

a conclusion is reached in the matter of proposed changes.

(d). Unresolved issues or disputes arising out of the failure to negotiate a renewal or modification of this

agreement that remain on the 20th of the month preceding the next regular meeting of the Council on Industrial

Relations for the Electrical Contracting Industry (CIR) may be submitted jointly or unilaterally to the Council for

adjudication. Such unresolved issues or disputes shall be submitted no later than the next regular meeting of the

Council following the expiration date of this agreement or any subsequent anniversary date. The Council's decisions

shall be final and binding.

(e). When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee

to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(f). Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03. This Agreement shall be subject to change or supplement at any time by mutual consent of the parties

hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and

submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 1.04. There shall be no stoppage of work either by strike or lockout because of any proposed changes in this

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Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

GRIEVANCES/DISPUTES:

Section 1.05. There shall be a Labor-Management Committee of three representing the Union and three representing

the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48

hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select

the Union representatives and the Chapter shall select the management representatives.

Section 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of

the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall

refer the same to the Labor-Management Committee.

Section 1.07. All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four

members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but

each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present

and voting. In the absence of a deadlock, the Labor-Management Committee’s decision shall be final and binding. (Note:

Italicized is optional and must be negotiated locally.)

Section 1.08. Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be

referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's

decisions shall be final and binding.

Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions

and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has

been reached or a ruling has been made.

Section 1.10. Any grievance not brought to the attention of responsible opposite parties to this Agreement in writing within

___________ working days of its occurrence shall be deemed to no longer exist. (Note: Italicized is optional and must be

negotiated locally.)

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ARTICLE I

MODIFIED CIR

EFFECTIVE DATE/CHANGES/GRIEVANCES/DISPUTES

Note: Use STANDARD CIR or MODIFIED CIR Language for Article I.

Note: The MODIFIED CIR Language is Alternate Language to the Standard CIR Language that would still qualify as Category

I. The major difference between STANDARD and MODIFIED CIR Language is Section 1.02(d) where MODIFIED Language

states that either party can terminate the agreement after serving the other party with a 10-day notice. Also, Section 1.02(e)

of the MODIFIED language requires mutual agreement to submit interest arbitration issues to CIR for resolution. Grievances

still may be heard at CIR by joint or unilateral submission. STANDARD CIR Language requires the parties to submit all

unresolved issues in negotiations and grievances to CIR, jointly or unilaterally.

EFFECTIVE DATE:

Section 1.01. This Agreement shall take effect , 20 , and shall remain in effect until , 20

unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from

through of each year, unless changed or terminated in the way later provided herein.

CHANGES:

Section 1.02(a). Either party or an Employer withdrawing representation from the Chapter or not represented by the

Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the

expiration date of the Agreement or any anniversary date occurring thereafter.

(b). Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or

no later than the first negotiating meeting unless mutually agreed otherwise.

(c). The existing provisions of the Agreement, including this Article, shall remain in full force and effect until

a conclusion is reached in the matter of proposed changes.

(d). In the event that either party, or an Employer withdrawing representation from the Chapter or not

represented by the Chapter, has given a timely notice of proposed changes and an agreement has not been reached by

the expiration date or by any subsequent anniversary date to renew, modify, or extend this Agreement, or to submit

the unresolved issues to the Council on Industrial Relations for the Electrical Contracting Industry (CIR), either party

or such an Employer, may serve the other a ten (10) day written notice terminating this Agreement. The terms and

conditions of this Agreement shall remain in full force and effect until the expiration of the ten (10) day period.

(e). By mutual agreement only, the Chapter, or an Employer withdrawing representation from the Chapter or

not represented by the Chapter, may jointly, with the Union, submit the unresolved issues to the Council on Industrial

Relations for adjudication. Such unresolved issues shall be submitted no later than the next regular meeting of the

Council following the expiration date of this Agreement or any subsequent anniversary date. The Council's decisions

shall be final and binding.

(f). When a case has been submitted to the Council, it shall be the responsibility of the negotiating committee

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to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.

(g). Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03. This Agreement shall be subject to change or supplement at any time by mutual consent of the parties

hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and

submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 1.04. During the term of this Agreement, there shall be no stoppage of work either by strike or lockout because

of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must

be handled as stated herein.

GRIEVANCES/DISPUTES:

Section 1.05. There shall be a Labor-Management Committee of three representing the Union and three representing

the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48

hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select

the Union representatives and the Chapter (Note: In the case of independent agreements the word “Chapter” should be

replaced by the word “Employer”) shall select the management representatives.

Section 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized representative of each of

the parties to this Agreement. In the event that these two are unable to adjust any matter within 48 hours, they shall

refer the same to the Labor-Management Committee.

Section 1.07. All matters coming before the Labor-Management Committee shall be decided by a majority vote. Four

members of the Committee, two from each of the parties hereto, shall be a quorum for the transaction of business, but

each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present

and voting. In the absence of a deadlock, the Labor-Management Committee’s decision shall be final and binding. (Note:

Italicized is optional and must be negotiated locally.)

Section 1.08. Should the Labor-Management Committee fail to agree or to adjust any matter, such shall then be

referred to the Council on Industrial Relations for the Electrical Contracting Industry for adjudication. The Council's

decisions shall be final and binding.

Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions

and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has

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been reached or a ruling has been made.

Section 1.10. Any grievance not brought to the attention of responsible opposite parties to this Agreement in writing within

___________ working days of its occurrence shall be deemed to no longer exist. (Note: Italicized is optional and must be

negotiated locally.)

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ARTICLE II

EMPLOYER RIGHTS/UNION RIGHTS

Section 2.01. Certain qualifications, knowledge, experience and proof of financial responsibility are required of everyone

desiring to be an Employer in the Electrical Industry. Therefore, an Employer who contracts for electrical work is a person,

firm, or corporation having these qualifications and maintaining a place of business, a suitable financial status to meet payroll

requirements, and employing at least one Journeyman Wireman.

MANAGEMENT RIGHTS:

Section 2.02. The Union understands the Employer is responsible to perform the work required by the owner. The

Employer shall, therefore, have no restrictions except those specifically provided for in the collective bargaining

agreement, in planning, directing and controlling the operation of all his work, in deciding the number and kind of

employees to properly perform the work, in hiring and laying off employees, in transferring employees from job to job

within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will

act as Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations not

inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and in discharging

employees for proper cause.

FOREMAN CALL-OUT BY NAME: (Optional Language)

Note: This is Optional Language approved by the IBEW International and NECA National which may be utilized when an

Employer wishes to call out a Foreman by name. This is current CIR pattern language. It is approvable, but alternate

language may be negotiated and agreed upon at the local level.

Section 2.03. The employer shall have the right to call a Foreman by name provided:

A) The employee has not quit his previous employer within the past two weeks.

B) 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 Foreman

provided the name appears on the highest priority group.

C) When an employee is called as a Foreman, he must remain as a Foreman for 1,000 hours or must receive a

reduction in force.

WORKERS COMPENSATION INSURANCE:

Section 2.04. For all employees covered by this Agreement, the Employer shall carry Workers’ Compensation Insurance, with

a company authorized to do business in this state; Social Security; and such other protective insurance as may be required by

the laws of the state in which the work is performed. He shall also make voluntary contributions to the State Unemployment

Compensation Commission regardless of the number of employees.

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SURETY BOND:

Section 2.05(a). Each Employer shall furnish a surety bond in the amount of $ to secure payment of all amounts

due on account of payroll and fund deduction, contribution, and reporting obligations of the Employer required by this

Agreement. The bond shall provide that it may not be terminated without 15 days prior written notice to the Employer and the

Local Union.

(b). The Labor-Management Committee and/or the Council on Industrial Relations, as the case may be, shall have

full power to determine the amount of money due, if any, and shall direct payments of delinquent wages from the Bond directly

to the affected employees and direct payments of delinquent fund contributions from the Bond directly to the Trustees of the

affected funds or to their designated agents.

JOINT-VENTURE:

Section 2.06. Employers engaged in joint-venture jobs shall be considered as a new and separate individual Employer, with

all rights herein as they apply to an individual participating Employer. There shall be no transfer of workers between a joint-

venture and any or all of the Employers comprising the joint-venture.

UNION RECOGNITION:

Section 2.07(a). The Employer recognizes the Union as the sole and exclusive representative of all its employees performing

work within the jurisdiction of the Union for the purpose of collective bargaining in respect to rates of pay, wages, hours of

employment and other conditions of employment.

(b). The Employer understands that the Local Union's jurisdiction⎯both trade and territorial⎯is not a subject for

negotiations but rather is determined solely within the IBEW by the International President and, therefore, agrees to recognize

and be bound by such determinations.

WORK PRESERVATION:

Section 2.08(a). In order to protect and preserve, for the employees covered by this Agreement, all work heretofore

performed by them, and in order to prevent any device or subterfuge to avoid the protection and preservation of such

work, it is hereby agreed as follows: If and when the Employer shall perform any on-site construction work of the type

covered by this Agreement, under its own name or under the name of another, as a corporation, company, partnership,

or any other business entity including a joint venture, wherein the Employer, through its officers, directors, partners,

or stockholders, exercises either directly or indirectly, management control or majority ownership, the terms and

conditions of this Agreement shall be applicable to all such work. All charges or violations of this Section shall be

considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the

procedure for the handling of grievances and the final and binding resolution of disputes.

(b). As a remedy for violations of this Section, the Labor-Management Committee, the Council on Industrial

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Relations for the Electrical Contracting Industry, and/or an independent arbitrator, as the case may be, are

empowered, in their discretion and at the request of the Union, to require an Employer to (1) pay to affected employees

covered by this Agreement, including registered applicants for employment, the equivalent of wages lost by such

employees as a result of the violations; and (2) pay into the affected joint trust funds established under this Agreement

any delinquent contributions to such funds which have resulted from the violations. Provision for this remedy herein

does not make such remedy the exclusive remedy available to the Union for violation of this Section nor does it make

the same or other remedies unavailable to the Union for violations of other Sections or other Articles of this Agreement.

(c). If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of the joint trust

funds to institute court action to enforce an award rendered in accordance with subsection (b) above, or to defend an

action which seeks to vacate such award, the Employer shall pay any accountants' and attorneys' fees incurred by the

Union and/or Fund Trustees, plus cost of the litigation, which have resulted from the bringing of such court action.

NON-RESIDENT EMPLOYEES: (Portability)

Section 2.09. An Employer signatory to a collective bargaining agreement or to a letter of assent to an agreement with

another IBEW Local Union, who signs an assent to this Agreement, may bring up to four bargaining unit employees

employed in that Local Union's jurisdiction into this Local's jurisdiction and up to two bargaining unit employees per

job from that Local's jurisdiction to this Local's jurisdiction for specialty or service and maintenance work. All charges

of violations of this section shall be considered as a dispute and shall be processed in accordance with the provisions of

this agreement for the handling of grievances with the exception that any decision of a local labor-management

committee that may be contrary to the intent of the parties to the National Agreement on Employee Portability, upon

recommendation of either or both the appropriate IBEW International Vice President or NECA Regional Executive

Director, is subject to review, modification, or rescission by the Council on Industrial Relations.

FAVORED NATIONS: Note: The IBEW recommends that this language be omitted from all agreements with independent

employers.

Section 2.10. The Union agrees that if, during the life of this Agreement, it grants to any other Employer in the

Electrical Contracting Industry on work covered by this Agreement, any better terms or conditions than those set forth

in this Agreement, such better terms or conditions shall be made available to the Employer under this Agreement and

the Union shall immediately notify the Employer of any such concession.

Section 2.11. No individual connected with an employing concern as owner, manager, superintendent, or partner shall perform

any manual electrical work.

Section 2.12. Employers shall not loan their employees to another Employer without first securing the permission of the

Business Manager and then only when applicants possessing the required skills are not available through the Referral

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Procedure.

Section 2.13. No applicant or employee, while he remains subject to employment by Employers operating under this

Agreement, shall be recognized as a contractor for the performance of any electrical work.

Section 2.14. Journeyman Wiremen shall install all electrical work in a safe and workmanlike manner and in accordance with

applicable code and contract specifications.

UNION RIGHT TO DISCIPLINE MEMBERS:

Section 2.15. The Union reserves the right to discipline its members for violation of its laws, rules, and agreements.

APPOINTMENT OF STEWARDS:

Section 2.16. The Union has the right to appoint Stewards at any shop and/or any job where workers are employed under the

terms of this Agreement. The Employer shall be notified and furnished the name of the Steward. Such Stewards shall be

allowed sufficient time during the regular working hours without loss of pay to see that the terms and conditions of this

Agreement are observed at the shop or on the job. No Steward shall be discriminated against by any Employer because of the

faithful performance of duties as Steward, nor shall any Steward be removed from the job until notice has been given to the

Business Manager of the Union.

UNION JOB ACCESS:

Section 2.17. A representative of the Union shall be allowed access to any shop or job, at any reasonable time, where workers

are employed under the terms of this Agreement.

PICKET LANGUAGE:

Section 2.18(a). It shall not be a violation of this Agreement and it shall not be cause for discharge or any other disciplinary

action by the Employer against any employee for an employee to refuse to cross a lawfully established primary picket line

whether at the premises of another Employer or the employee's own Employer.

(b). Any employee exercising such right shall carefully put away all tools, materials, equipment, or any other property

of the Employer in a safe manner. Each employee will be responsible for any loss to the Employer for neglect in carrying out

this provision but only when a safe place is provided for by the Employer.

Section 2.19. There shall be no limit on production of workers or restriction on the safe use of proper tools or equipment, and

there shall be no taskwork or piecework.

TOOL LIST:

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Section 2.20. Journeyman Wiremen shall provide themselves with the following tools:

(Note: This list is to be negotiated and mutually agreed upon by the local parties.)

The Employer will furnish necessary locked storage to reasonably protect tools from the weather and vandalism and

will replace such tools as listed above when tools are damaged on the job or stolen from the locked storage.

Section 2.21. The Employer shall furnish all other necessary tools or equipment. Workers will be held responsible for the

tools or equipment issued to them, provided the Employer furnishes the necessary lockers, tool boxes, or other safe place of

storage. Tools must be taken out and put away during working hours.

Section 2.22. The refusal by an individual employee to install, service, or perform work on any sign, fixture, or other equipment

which does not bear an IBEW Union Label will not be cause for discipline or discharge of such employees by his Employer

nor shall the Union be deemed to have breached this Agreement thereby.

UNION SECURITY:

Section 2.23. All employees covered by the terms of this Agreement shall be required to become and remain members of the

Union as a condition of employment from and after the eighth day following the date of their employment or the effective date

of this Agreement, whichever is later. (Note: This clause is not applicable where prohibited by law.)

AGE-RATIO:

Section 2.24. On all jobs requiring five or more Journeymen, at least every fifth Journeyman, if available, shall be 50

years of age or older.

ANNULMENT/SUBCONTRACTING:

Section 2.25. The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or

annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other

than violations of Paragraph 2 of this Section, will be sufficient cause for the cancellation of his Agreement by the Local

Union after a finding has been made by the International President of the Union that such a violation or annulment

has occurred.

The subletting, assigning, or transfer by an individual Employer of any work in connection with electrical work to any

person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining

representative of his employees on any electrical work in the jurisdiction of this or any other Local Union to be

performed at the site of the construction, alteration, painting or repair of a building, structure or other work, will be

deemed a material breach of this Agreement.

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All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be processed in

accordance with the provision of this Agreement covering the procedure for the handling of grievances and the final

and binding resolution of disputes.

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ARTICLE III

HOURS/WAGES/WORKING CONDITIONS

HOURS: (Workday/Workweek)

Section 3.01(a). Eight hours work between the hours of 8 a.m. and 4:30 p.m., with 30 minutes for a lunch period between

noon and 12:30 p.m. shall constitute the workday. Five such days, Monday through Friday, shall constitute the workweek.

The normal workday may be varied by no more than two hours by mutual agreement between the Union and the Employer.

FOUR 10-HOUR DAYS: (Optional language) Note: This is the standard language utilized in CIR decisions. Alternative

language may be negotiated and agreed upon at the local level.

Section 3.01(b). The Employer, with 24-hour prior notice to the Union, may institute a workweek consisting of four

consecutive 10-hour days between the hours of 7 a.m. and 6 p.m., Monday through Thursday, with one-half hour

allowed for a lunch period. Friday may be used as a make-up day, and if utilized, a minimum of eight hours must be

scheduled. After 10 hours in a workday, or 40 hours in a workweek, overtime shall be paid at a rate of 1 ½ times the

regular rate of pay.

OVERTIME/HOLIDAYS:

Section 3.02. All work performed outside of the stated hours and on Saturdays will be paid at time and one-half of the regular

straight-time rate. Sundays and the following holidays shall be paid at double the straight-time rate: New Year's Day,

Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day, ____________________

or days celebrated as such.

Section 3.03. No work shall be performed on Labor Day, except in case of emergency.

PAYDAY:

Section 3.04(a). Wages shall be paid weekly in cash or by payroll check on a local bank not later than quitting time on Friday

and not more than three days' wages may be withheld at that time. Any worker laid off or discharged shall be paid his/her

wages immediately. In the event the worker is not paid off, as provided above, waiting time at the appropriate rate shall be

charged until payment is made. The

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Employer will either pay the worker at the jobsite during regular working hours or allow sufficient time during regular working

hours to report to the shop to receive payment.

DIRECT DEPOSIT: (Optional language)

Note: Alternative language may be negotiated and agreed upon at the local level.

Section 3.04(b). Employees may voluntarily allow for direct electronic deposit of wages on a weekly basis to the bank

or credit union of the employee’s choice. This manner of payment, once adopted, may not be changed except upon 14-

day advance written notification between the employee and Employer with notification copied to the Union.

CLASSIFICATIONS/WAGES:

Section 3.05(a). The minimum hourly rate of wages shall be as follows:

JOURNEYMAN WIREMAN $

JOURNEYMAN TECHNICIAN 100% OF JOURNEYMAN WIREMAN RATE

FOREMAN

GENERAL FOREMAN

(Note: USE EITHER SIX (6) PERIOD OR TEN (10) PERIOD LANGUAGE)

APPRENTICE WIREMAN – SIX (6) PERIODS

1ST PERIOD % OF JOURNEYMAN WIREMAN RATE

2ND PERIOD % OF JOURNEYMAN WIREMAN RATE

3RD PERIOD % OF JOURNEYMAN WIREMAN RATE

4TH PERIOD % OF JOURNEYMAN WIREMAN RATE

5TH PERIOD % OF JOURNEYMAN WIREMAN RATE

6TH PERIOD % OF JOURNEYMAN WIREMAN RATE

(Note: Unindentured Wage Rates should be attached as an Appendix to the agreement.)

(ALTERNATE LANGUAGE - 10-6 MONTH PERIODS)

APPRENTICE WIREMAN - TEN (10) PERIODS

1ST PERIOD % OF JOURNEYMAN WIREMAN RATE

2ND PERIOD % OF JOURNEYMAN WIREMAN RATE

3RD PERIOD % OF JOURNEYMAN WIREMAN RATE

4TH PERIOD % OF JOURNEYMAN WIREMAN RATE

5TH PERIOD % OF JOURNEYMAN WIREMAN RATE

6TH PERIOD % OF JOURNEYMAN WIREMAN RATE

7TH PERIOD % OF JOURNEYMAN WIREMAN RATE

Note: The differential for other classifications, such as Foreman,

may be expressed as either a percentage of the Journeyman rate

or as a specific monetary amount.

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8TH PERIOD % OF JOURNEYMAN WIREMAN RATE

9TH PERIOD % OF JOURNEYMAN WIREMAN RATE

10TH PERIOD % OF JOURNEYMAN WIREMAN RATE

(Note: Unindentured Wage Rates should be attached as an Appendix to the agreement.)

FRINGES:

Section 3.05(b). In addition to the above hourly rates, payments shall be made as follows:

1. NEBF 3% of gross labor payroll. (Reference Section 6.01)

2. Health & Welfare Fund (Alternative: Employee (or) Family Medical Care)

3. Vacation Fund Note: Fringes may be expressed as either

4. Industry Fund percent of the gross monthly payroll (or)

5. NEAP cents per hour for each hour worked or cents per hour for

each hour paid.

6. Local Union Pension

7. Supplemental Unemployment Benefit

8. Apprenticeship & Training

9. NLMCC 1 cent per labor hour worked (Reference Article IX)

10. National Electrical 401k Plan (If negotiated locally by the two parties)

TRAVEL TIME:

Section 3.06(a). No traveling time shall be paid before or after working hours for traveling to or from any job in the jurisdiction

of the Union when workers are ordered to report on the job.

(b). The Employer shall pay time for travel and furnish transportation from shop to job, job to job, and job to shop

within the jurisdiction of the Union. On work outside the jurisdiction of the Union, the Employer shall furnish transportation,

traveling time, room and board, and all other necessary expenses.

Section 3.07. When the employee is required to report to a job and required to change jobs during regular work hours, the

Employer shall pay for traveling time and furnish transportation.

Section 3.08. When an employee must eat his meals on the job, arrangements shall be made for suitable protected quarters.

UNION DUES DEDUCTION:

Section 3.09. The Employer agrees to deduct and forward to the Financial Secretary of the Local Union⎯upon receipt

of a voluntary written authorization⎯the additional working dues from the pay of each IBEW member. The amount

to be deducted shall be the amount specified in the approved Local Union Bylaws. Such amount shall be certified to

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the Employer by the Local Union upon request by the Employer.

RATIO OF FOREMEN TO JOURNEYMEN:

Section 3.10. On any job requiring two or more Journeymen, one shall be designated as Foreman by the Employer. An

additional Foreman shall be designated by the Employer for each additional eight Journeymen required on the job. When two

or more Foremen are required on any job, one shall be designated by the Employer as the General Foreman. Foremen on one

job shall not work on another job except in cases of emergency. This does not apply to a Shop Foreman who may supervise

jobs worked out of a shop.

SHOW-UP PAY:

Section 3.11(a). When workers report to the shop or job and are not put to work due to conditions beyond the control of the

workers, they shall receive two hours’ pay. Workers may be required to remain at the jobsite for the hours paid.

(b). When an applicant for employment is referred to an Employer and is rejected for employment, such applicant

shall be reimbursed for expenses incurred in reporting to said Employer in an amount equal to two hours’ pay at the prevailing

rate as provided for in this Agreement.

(c). When workers report and are put to work, they shall receive pay for a minimum of four hours and shall remain

on the job unless directed otherwise by the Employer.

SHIFT WORK:

Section 3.12. When so elected by the contractor, multiple shifts of at least five (5) days' duration may be worked. When

two (2) or three (3) shifts are worked:

The first shift (day shift) shall be worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen on the "day shift"

shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours' work.

The second shift (swing shift) shall be worked between the hours of 4:30 P.M. and 12:30 A.M. Workmen on the "swing

shift" shall receive eight (8) hours' pay at the regular hourly rate plus 10% for seven and one-half (7 1/2) hours' work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 A.M. and 8:00 A.M. Workmen on the

"graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate plus 15% for seven (7) hours' work.

A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion

of a regular shift shall be paid at one and one-half times the "shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for

any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

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SHIFT CLAUSE: (Alternate Language #1)

Note: This Alternate Language may be agreed upon by both parties, placed in the agreement verbatim, and is to be used in

lieu of, not in conjunction with, the Standard IBEW/NECA Shift Work Language.

Section 3.12. When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days'

duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 A.M. and 4:30

P.M. Workmen on the "day shift" shall be paid at the regular hourly rate of pay for all hours worked.

The second shift (swing shift) shall consist of eight consecutive hours worked between the hours of 4:30 P.M. and 1:00

A.M. Workmen on the "swing shift" shall be paid at the regular hourly rate of pay plus 17.3% for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30 A.M.

and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular hourly rate of pay plus 31.4% for all

hours worked.

The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the

needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at

12:30 A.M. Monday to coordinate the work with the customer's work schedule. However, any such adjustment shall

last for at least five (5) consecutive days’ duration unless mutually changed by the parties to this agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime workrequired before the

established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-half times the

"shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for

any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

SHIFT CLAUSE: (Alternate Language # 2)

Note: This alternate language is to be used where a reduced premium is necessary within the “Standard” format.

Section 3.12. When so elected by the contractor, multiple shifts of at least five (5) days' duration may be worked. When

two (2) or three (3) shifts are worked:

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The first shift (day shift) shall be worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen on the "day shift"

shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours' work.

The second shift (swing shift) shall be worked between the hours of 4:30 P.M. and 12:30 A.M. Workmen on the "swing

shift" shall receive eight (8) hours' pay at the regular hourly rate plus _____ (an amount to be determined locally, not

to exceed 10%) for seven and one-half (7 1/2) hours' work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 A.M. and 8:00 A.M.

Workmen on the "graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate plus _____ (an amount

to be determined locally, not to exceed 15%) for seven (7) hours' work.

A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after the completion

of a regular shift shall be paid at one and one-half times the "shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for

any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

SHIFT CLAUSE: (Alternate Language #3)

Note: This alternate language is to be used where a reduced premium is needed within the “Alternate” format.

Section 3.12. When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days'

duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of 8:00 A.M. and 4:30

P.M. Workmen on the "day shift" shall be paid at the regular hourly rate of pay for all hours worked.

The second shift (swing shift) shall consist of eight consecutive hours worked between the hours of 4:30 P.M. and 1:00

A.M. Workmen on the "swing shift" shall be paid at the regular hourly rate of pay plus _____ (an amount to be

determined locally, not to exceed 17.3%) for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the hours of 12:30 A.M.

and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular hourly rate of pay plus _____ (an amount

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to be determined locally, not to exceed 31.4%) for all hours worked.

The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in order to meet the

needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at

12:30 A.M. Monday to coordinate the work with the customer's work schedule. However, any such adjustment shall

last for at least five (5) consecutive days’ duration unless mutually changed by the parties to this agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required before the

established start time and after the completion of eight (8) hours of any shift shall be paid at one and one-half times the

"shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for

any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked.

Section 3.13. All pipe shall be cut and threaded on the job. Where pipe cutting and threading machines are operated full time,

such shall be operated by a Journeyman.

Section 3.14. The Employer agrees to provide a suitable place on the job for the storage of workers’ tools and clothes. Heat

will be provided when needed. In case of fire on the job, the Employer shall settle all fire loss for the benefit of himself and

his employees. Employees required to work outside in rainy weather (only in case of emergency) will be furnished rain gear

by the Employer. The Employer's job headquarters on every project must have a completely equipped Class A First Aid Kit

at all times.

Section 3.15. The installation, maintenance, connecting, and repairing of all wiring for temporary lighting, heat, or power

shall be done by workmen employed under the terms of this Agreement.

Section 3.16. Prefabrication of electrical materials, except standard catalogue items, shall be performed by workmen employed

under the terms of this Agreement. Standard catalogue items do not include items made to the special specifications of the

Employer or the customer.

Section 3.17. The Employer shall notify the Union 48 hours in advance of any layoff, whenever possible. Saturdays, Sundays,

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and holidays are not included.

COPE DEDUCTION:

Section 3.18. The Employer agrees to deduct and transmit to IBEW/COPE an amount of $____________ from the wages of

each employee who voluntarily authorizes such contributions on the forms provided for that purpose by IBEW-COPE.

These transmittals shall occur monthly and shall be accompanied by a list of names of those employees for whom such

deductions have been made and the amount deducted for each such employee.

Section 3.19. On days on which national or state elections are held, all workers covered by this Agreement who are eligible

to vote shall be granted two hours time off to vote with pay between the hours of 2:30 p.m. and 4:30 p.m. This will not be

applicable when reporting time is paid. In case of emergency, the Employer will be given the option to change the aforesaid

hours in order to man the work.

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ARTICLE IV

REFERRAL PROCEDURE

Section 4.01. In the interest of maintaining an efficient system of production in the Industry, providing for an orderly

procedure of referral of applicants for employment, preserving the legitimate interests of employees in their

employment status within the area and of eliminating discrimination in employment because of membership or non-

membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.

Section 4.02. The Union shall be the sole and exclusive source of referral of applicants for employment.

Section 4.03. The Employer shall have the right to reject any applicant for employment.

Section 4.04. The Union shall select and refer applicants for employment without discrimination against such

applicants by reason of membership or non-membership in the Union and such selection and referral shall not be

affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligation of Union

membership policies or requirements. All such selection and referral shall be in accord with the following procedure.

Section 4.05. The Union shall maintain a register of applicants for employment established on the basis of the Groups

listed below. Each applicant for employment shall be registered in the highest priority Group for which he qualifies.

JOURNEYMAN WIREMAN -- JOURNEYMAN TECHNICIAN

GROUP I All applicants for employment who have four or more

years’ experience in the trade, are residents of the geographical area constituting the normal

construction labor market, have passed a Journeyman Wireman's examination given by a duly

constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a

Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and, who

have been employed in the trade for a period of at least one year in the last four years in the

geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An applicant who qualifies for

Group I in a local union shall be so registered electronically and remain on Group I in that

local union unless and until the applicant designates another local union as his or her Group I

local union. If an applicant qualifies for Group I status in a local union other than his or her

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home local union and designates that local as his or her Group I local union, the business

manager of the new Group I status local union shall by electronic means notify the business

manager of the applicant’s former Group I status local union.

Note: The reference to electronically registered and electronically notified shall be done via the ERTS system already in

place. Group I would start at the member’s home local. When a member request Group I status in a new local the

Business Manager of that new local would verify that the member meets the requirements as stated in the Category I

language (no change). Notice would be sent to the new local ERTS administrator by the Business Manager, to enter the

member as Group I in the new local. ERTS would then send notice to the former local and the member would sign off

saying that he desired to move his Group I status and doing so voluntarily request removal from his former place on

Group I at the former Group I local. The Business Manager shall notify the employer of an employee whose group status

changes under this provision.

GROUP I (Alternate Language)

Note: The following is the only approvable Alternate Language to Category I - Group I - Referral Procedure language: Groups

II, III, and IV are unchanged.

GROUP I. All applicants for employment who have four or more

years’ experience in the trade, are residents of the geographical area constituting the normal

construction labor market, have passed a Journeyman Wireman's examination given by a duly

constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a

Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and, who

have been employed in the trade for a period of at least six months in the last four years in the

geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An applicant who qualifies for

Group I in a local union shall be so registered electronically and remain on Group I in that

local union unless and until the applicant designates another local union as his or her Group I

local union. If an applicant qualifies for Group I status in a local union other than his or her

home local union and designates that local as his or her Group I local union, the business

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