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IBE 4 th D EW FO RE Distr OUR ECOV ict N A RTH D VERY North Agre DIST Y AGR hern eeme TRIC REEM Ohio ent CT MA MEN o Re ARKE T ecove ET ery

IBEW FOURTH DIST RICT MARKET RECOVERY AGREEMENT … · 4th District Northern Ohio Recovery Agreement Page i December 1, 2011 through November 30, 2012 ... The IB Director of interpretati

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IBE

4th D

EW FORE

Distr

OURECOV

ict NA

RTH DVERY

NorthAgre

DISTY AGR

hern eeme

TRICREEM

Ohioent

CT MAMEN

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ARKET

ecove

ET

ery

4th District Northern Ohio Recovery Agreement Page i December 1, 2011 through November 30, 2012

TableofContentsAGREEMENT PARTNERS .................................................................................................................... 1 

SCOPE OF WORK ................................................................................................................................... 1 

GEOGRAPHIC JURISDICTION ............................................................................................................ 1 

COUNTIES BY STATE ....................................................................................................................... 2 

COUNTIES BY LOCAL UNION ........................................................................................................ 2 

EFFECTIVE DATES ............................................................................................................................... 4 

GRIEVANCES, DISPUTES, INTERPRETATIONS AND CHANGES ................................................. 4 

GRIEVANCE PROCEDURE .............................................................................................................. 5 

MANAGEMENT RIGHTS ...................................................................................................................... 5 

HOURS/WAGES/WORKING CONDITIONS ........................................................................................ 6 

SURETY BOND ...................................................................................................................................... 6 

REFERRAL .............................................................................................................................................. 7 

RE-REGISTRATION ........................................................................................................................... 9 

EXCEPTIONS ...................................................................................................................................... 9 

SKILLS ............................................................................................................................................. 9 

WORKER RECALL ...................................................................................................................... 10 

FOREMAN CALL BY NAME ...................................................................................................... 10 

APPEALS COMMITTEE .................................................................................................................. 10 

REPEATED DISCHARGE ................................................................................................................ 11 

WAGES AND FRINGE BENEFITS ..................................................................................................... 12 

NATIONAL ELECTRICAL BENEFIT FUND (NEBF) ................................................................... 12 

NATIONAL ELECTRICAL ANNUITY PLAN (NEAP): ................................................................ 13 

NECA/IBEW FAMILY MEDICAL CARE PLAN ........................................................................... 13 

RECOVERY AGREEMENT COLLECTION AGENT .................................................................... 14 

CREW MIX AND RATIOS ................................................................................................................... 14 

4th District Northern Ohio Recovery Agreement Page ii December 1, 2011 through November 30, 2012

CODE OF EXCELLENCE ..................................................................................................................... 15 

SAFETY ................................................................................................................................................. 15 

TRAINING ............................................................................................................................................. 15 

ADVANCEMENT AND TRAINING ............................................................................................... 16 

JOB REPORTING REQUIREMENTS .................................................................................................. 17 

PORTABILITY OF MANPOWER ........................................................................................................ 17 

SEPARABILITY CLAUSE ................................................................................................................... 17 

ATTACHMENT “A” WAGES .............................................................................................................. 18 

BASE WAGES ................................................................................................................................... 18 

FRINGE BENEFITS AND RELATED FUNDS ............................................................................... 19 

Site NECA Administrative Funds  ................................................................................................ 19 

WAGE RATE CALCULATIONS SHEET ........................................................................................ 20 

PORTABILITY OF MANPOWER MEMORANDUM OF UNDERSTANDING ............................... 21 

JOB START FORM ............................................................................................................................... 23 

TRACKING FORM ............................................................................................................................... 24 

4th District NoDecember 1, 2

IBEW Loca

NECA, the

Mahoning V

the Ohio, M

Bargaining

This Agree

Sma

attac

Gas

Fast

Place

Fune

Nurs

Sma

Stora

Expr

Holid

Resid

Sma

than

Sola

Light

shall

the o

This agreeme

The geogra

this agreem

orthern Ohio Re2011 through N

al Unions 8,

e North Ce

Valley Chap

Michigan an

Agreement

ment shall

ll medical c

ched to a ho

stations/con

food restau

es of Worsh

eral Homes

sing homes,

ll office, reta

age Units, C

ress Hotels a

day Inn Expr

dential Units

ll stand-alon

n 15,000 sq.

r projects (5

ting Retrofit

l be defined

one for one

ent shall not a

aphic jurisd

ment in the

ecovery AgreemNovember 30, 2

, 38, 64, 12

entral Ohio

pter of NEC

nd West Vir

t shall appl

apply to th

clinics, stand

ospital)

nvenience st

rants and fr

ip

assisted livin

ail/wholesale

Car Washes

and Motels

ress, Hampt

s (subject To

ne Manufact

ft.)

500 panels o

ts (when not

as the chan

replacement

apply to jobs

diction of th

following c

ment 2012

AGREE

29, 246, 30

o Chapter

CA enter thi

rginia count

y unless m

SCO

e following

d-alone doc

ores

ranchised ch

ng facilities,

e facilities un

(4 stories o

on Inn, Hote

o Davis Baco

turing Facilit

or less) unles

t associated

nging of lamp

t of existing

being worked

GEOGRAP

his agreeme

counties of

EMENT PAR

06, 540, 573

of NECA,

s agreemen

ties listed h

odified here

OPE OF W

:

tor and den

ain restaura

and daycare

nder 15,000

r less) witho

el 6, Red Ro

on Rates)

ies when fre

ss otherwise

with remode

ps and balla

fixtures

d under Local

PHIC JURI

ent shall be

the Local U

RTNERS

3, 673 and

the Ohio/

nt in the in

herein. All

ein.

WORK

ntist offices

ants including

e facilities u

sq ft with le

out conferen

oof Inn, etc.

ee standing

e covered un

els involving b

sts in existin

l Agreements,

ISDICTION

e all work c

Unions and

the Greate

/Michigan C

nterest of g

provisions

with up to

g independe

nder 15,000

ess than 10

nce or resta

(Clarification

and not par

nder the agre

branch re-cir

ng light fixtu

, National Ag

N

covered by

counties lis

er Cleveland

Chapter of

rowing Mar

of the Insid

o 600 amp

ent bars and

0 sq ft.

units attach

aurant facilit

n by the site

rt of a large

eement

rcuiting) Ligh

ures and sha

reements or P

the scope

sted herein

Page 1

d Chapter o

f NECA, th

rket Share

de Collectiv

services (no

taverns.

ed

ties. Example

e local union

er facility (les

hting Retrofi

all also includ

PLA's.

contained

.

of

he

in

ve

ot

e:

)

ss

ts

de

in

4th District Northern Ohio Recovery Agreement Page 2 December 1, 2011 through November 30, 2012

4th District Northern Ohio Recovery Agreement

COUNTIES BY STATE

Ohio Counties Ashtabula Carroll Carroll Columbiana Cuyahoga Defiance Erie Fulton Geauga Hancock Harrison Henry Holmes Huron Jefferson Lake Lorain Lucas Mahoning Medina Ottowa Paulding Portage Putnam Sandusky Seneca Stark Summit Trumbull Tuscarawas Wayne Williams Wood

West Virginia Counties Brooke Hancock

Michigan Counties Hillsdale Lenawee Monroe

4th District Northern Ohio Recovery Agreement

COUNTIES BY LOCAL UNION

Local Union 8 Ohio Counties

Defiance Fulton Hancock Henry Lucas Ottowa Paulding Putnam Sandusky Seneca Williams Wood

Michigan Hillsdale Lenawee Monroe

Local Union 38 Ohio

Cuyahoga Geauga Lorain

Local Union 64 Ohio

Columbiana Mahoning Trumbull

Local Union 129 Ohio

Erie Medina Huron Lorain

4th District Northern Ohio Recovery Agreement Page 3 December 1, 2011 through November 30, 2012

Local Union 246 Ohio

Carroll Columbiana Harrison Jefferson West Virginia

Brooke Hancock

Local Union 306 Ohio

Medina Portage Summit Wayne

Local Union 540 Ohio

Carroll Columbiana Holmes Mahoning Stark Tuscarawas Wayne

Local Union 573 Ohio

Ashtabula Geauga Mahoning Portage Trumbull

Local Union 673 Ohio

Ashtabula Geauga Lake

4th District NoDecember 1, 2

This Agree

until Novem

effect from

changed or

Either part

the Chapte

days prior

The terms

expiration

this agreem

Grievances

NECA Cha

modificatio

be referred

Manageme

Committee

representin

Chairman a

the Eastern

Any matter

Local Union

Manageme

In the abse

final and b

approved b

implementa

Regional D

and bindinorthern Ohio Re2011 through N

ement shall

mber 30, 2

m year to ye

r terminate

ty or an Em

er, desiring

to the exp

s and cond

date. On

ment shall r

GRIEV

s and disput

apter or e

ons: All issu

d to the

ent Commit

e which sha

ng the Cha

and Secreta

n Regional

r involving

n Labor Ma

ent Committ

ence of a d

binding. A

by the IBEW

ation. Dea

Director for

ng resolutioecovery AgreemNovember 30, 2

take effec

2012 unless

ear thereaf

d in the wa

mployer wit

to termina

iration date

ditions of t

all projects

remain in ef

VANCES, D

tes under t

employer n

ues not res

Northern O

ttee establis

all consist o

apters or e

ary. The IB

Director of

interpretati

anagement

tee.

deadlock, th

All changes

W 4th Distri

adlocked is

NECA East

on. The ment 2012

EFF

ct on jobs b

s otherwise

fter, from D

ay later prov

hdrawing r

ate this Ag

e of this Ag

this Agreem

s bid prior t

ffect until s

DISPUTES,

this Agreem

negotiated

solved by th

Ohio Labor

shed and s

of up to th

employers s

BEW Fourth

f NECA or e

ions and or

Committee

he Northern

s, modifica

ct Vice Pre

ssues conc

tern Region

Northern O

ECTIVE DA

bid after De

e specifical

December 1

vided herei

representat

greement m

greement o

ment shall

to the canc

such project

, INTERPR

ment will be

Inside Co

he site Loca

r Managem

shall be na

hree (3) re

signatory t

h District IV

employer sh

r changes o

e, but shall

n Ohio Labo

tions and

sident and

erning this

n and the I

Ohio Labor

ATES

ecember 1,

ly provided

1 through N

in.

tion from th

must provid

or any anniv

remain in

cellation of

ts are comp

RETATION

e handled a

onstruction

al Union La

ment Comm

amed the N

epresenting

to this Agr

VP shall sele

hall select t

of this Agre

be referred

or Managem

interpretat

the NECA

s Agreemen

IBEW Four

r Managem

, 2011, and

d for herein

November 3

he Chapter

de written

versary dat

n full force

f this agree

pleted.

NS AND CH

as provided

Agreemen

abor Manag

mittee. Th

Northern Oh

g the Union

reement.

ect the Uni

the Manage

eement will

d back to th

ment Comm

tions of thi

Eastern Re

nt shall be

rth District

ment Comm

d shall rem

n. It shall

30 of each

or not rep

notification

te occurring

e and effe

ement the p

HANGES

in the Loca

nt with th

ement Com

here shall

hio Labor M

ns and up

It shall se

ion represe

ement Repr

not be han

he Northern

mittee decis

is agreeme

egional Dire

e referred t

Vice-Presid

mittee shall Page 4

main in effec

continue

year, unles

presented b

n at least 9

g thereafte

ect until th

provisions o

al Union an

he followin

mmittee sha

be a Labo

Managemen

to three (3

elect its ow

entatives an

resentative

ndled by th

n Ohio Labo

sion shall b

ent must b

ector prior t

to Executiv

dent for fin

meet sem

ct

in

ss

by

90

er.

he

of

nd

ng

all

or

nt

3)

wn

nd

s.

he

or

be

be

to

ve

al

mi-

4th District NoDecember 1, 2

annually to

update of t

Fourth Dist

The grieva

All grievanc

the parties

may be arr

the Employ

Grievances

Step 1.

Step 2.

Step 3.

The time p

The Unions

owner. Th

in the Coll

directing a

employees

employees

orthern Ohio Re2011 through N

o review the

the progres

trict Vice-Pr

nce proced

ces shall be

s to this ag

rived at in a

yer.

s, on any wo

The loca

If the p

grievanc

Northern

become

shall me

Failure o

constitut

Vice Pre

binding

period set fo

s understan

he Employe

ective Barg

and control

to proper

from job t

ecovery AgreemNovember 30, 2

e progress o

ss of this ag

resident.

ure is as fo

e filed with

reement re

any step of

ork covered

al parties sh

parties are

ce or cont

n Ohio Lab

effective i

eet within 1

of the North

te a basis

esident and

resolution.

orth herein

nd the Emp

er shall, the

gaining Agr

lling the o

rly perform

to job with

ment 2012

of this agre

greement t

GRIEVA

ollows:

hin ten (10)

easonably b

f the grieva

d by this ag

hall meet w

unable to

roversy wi

bor Manage

immediately

0 calendar

hern Ohio L

for a subm

d the Easte

can be ext

MANA

ployer is re

erefore, hav

reement of

operation o

m the work

hin the geo

eement. Th

to the Easte

ANCE PRO

) calendar d

became aw

ance proced

greement sh

within 48 ho

effect an

thin 10 bu

ement Com

y. The No

days to he

Labor Mana

mittal of the

ern Regiona

ended by m

AGEMENT R

esponsible

ve no restr

the site lo

of all his w

k, in hiring

ographical j

he Committ

ern Regiona

OCEDURE

days after

ware of the

dure which

hall be han

ours to try t

amicable s

usiness day

mmittee for

orthern Ohi

ear the griev

agement Co

e issue or

al Director

mutual agre

RIGHTS

for perform

rictions exce

ocal union

work, in de

and layin

jurisdictions

tee shall se

al Director

the compla

event. Se

will be bin

dled in the

to resolve th

settlement

ys, it shall

r a final a

io Labor M

vance.

ommittee to

question to

of NECA fo

eement of t

ming the w

ept those s

and this a

eciding the

ng off emp

s contained

nd a writte

of NECA an

ained of ev

ettlement o

nding on th

following m

he grievanc

or adjustm

l be subm

nd binding

Management

o reach a d

o the IBEW

or immedia

the parties

work as req

specifically

greement,

e number

ployees, in

d in this ag

Page 5

en report an

nd the IBEW

vent arose o

of grievance

he Union an

manner:

ce.

ment of an

mitted to th

decision t

t Committe

decision sha

W 4th Distri

ate final an

in writing.

uired by th

provided fo

in planning

and kind o

transferrin

greement,

nd

W

or

es

nd

ny

he

to

ee

all

ct

nd

he

or

g,

of

ng

in

4th District NoDecember 1, 2

determinin

employees

this agreem

employees

between th

The emplo

work to sa

in the work

at time and

the overtim

this section

overtime.

agreement

Each Emplo

employees

amounts d

the Employ

without 15

The Northe

shall direct

direct paym

affected fu

An employ

Agreement

to cover all

orthern Ohio Re2011 through N

g the need

to observe

ment, in re

for prope

he Inside Co

oyer has the

tisfy owner

kweek or (1

d one-half

me rate per

n to lock-ou

There are

t.

oyer shall f

; $1,000 fo

ue on acco

yer required

days prior

ern LMC, In

t payments

ments of d

nds or to th

yer who w

ts may bon

l regions. B

ecovery AgreemNovember 30, 2

d and numb

e the emplo

equiring all

er cause.

ollective Ba

HOUR

e right to e

r and/or cu

10) hours in

(1½) the r

the site Lo

ut an individ

e no shift p

furnish a su

or each add

ount of pay

d by this A

written not

nc. shall ha

of delinqu

elinquent f

heir designa

wishes to p

d at the ra

By doing so

ment 2012

ber as well

oyer’s and/

employees

The terms

argaining Ag

RS/WAGES

establish fle

ustomer req

n the workd

regular stra

ocal Union’s

dual emplo

premiums

SU

urety bond

ditional emp

roll and fun

Agreement.

tice to the

ve full pow

uent wages

fund contri

ated agents

erform wo

te of $20,0

o, the emplo

as the pers

/or owner’s

s to observ

s of this a

greement o

S/WORKIN

exible work

quirements.

day have be

aight-time r

s Inside Con

oyee from a

required fo

URETY BO

in the amo

ployee; Ma

nd deductio

The bond

Northern LM

wer to deter

from the B

butions fro

s.

ork under t

000.00 at th

oyer may p

son who w

s rules and

ve all safet

agreement

of the site L

NG CONDI

k schedules

. No overt

een worked

rate. Sund

nstruction A

a scheduled

or work pe

OND

ount of $5,0

aximum $12

on, contribu

shall prov

MC, Inc.

rmine the a

Bond direct

om the Bon

the terms

heir home r

perform wo

will act as Fo

regulation

ty regulatio

shall preva

Local Union

ITIONS

s for the pe

time shall b

d. The ove

days and Ho

Agreement

d 40 hour jo

erformed un

000.00 for

2,000.00 to

ution, and

ide that it

amount of m

tly to the a

nd directly

of multiple

region. Th

rk in all 4 r

oreman, in

ns not incon

ons, and in

ail in areas

and this ag

erformance

be paid unt

ertime rate s

olidays sha

. It is not

ob for the a

nder the te

first one (1

o secure pa

reporting o

may not be

money due

affected em

to the Tru

e 4th Distri

he bond ma

egions.

Page 6

requiring a

nsistent wit

dischargin

s of confli

greement.

of electric

il (40) hou

shall be pa

all be paid a

the intent o

avoidance o

erms of th

1) to five (5

ayment of a

obligations o

e terminate

e, if any, an

mployees an

stees of th

ict Recover

ay be writte

all

th

ng

ct

al

rs

id

at

of

of

is

5)

all

of

ed

nd

nd

he

ry

en

4th District NoDecember 1, 2

1. In t

for a

inter

disc

part

2. The

emp

3. The

4. The

agai

such

cons

requ

proc

5. The

basi

high

GROUP I.

orthern Ohio Re2011 through N

he interest

an orderly p

rests of em

rimination i

ties hereto a

Site Local

ployment.

Employer s

Site Local

inst such a

h selection

stitutional p

uirements.

cedure.

Local Unio

s of the Gr

hest priority

All appli

resident

constitut

Construc

I.B.E.W.

Apprent

for a pe

geograp

Inside C

ecovery AgreemNovember 30, 2

CONSTR

of maintai

procedure o

mployees i

in employm

agree to th

Union sha

shall have t

Union shall

applicants b

and referra

provisions o

All such

ons shall ma

roups listed

y Group for

icants for e

ts of the

ting the n

ction Electr

. or have

iceship and

eriod of at

phical area

Collective Ba

ment 2012

RUCTION E

ining an ef

of referral o

n their em

ment becaus

e following

all be the s

the right to

l select and

by reason

al shall not

or any othe

selection

aintain a re

d below. Ea

which he q

CONST

employmen

Site Loca

normal con

rician by a

been certif

d Training C

least six m

covered b

argaining A

REFERRA

ELECTRICIA

fficient syst

of applicant

mployment

se of memb

g system of

sole and e

o reject any

d refer appli

of member

t be affecte

er aspect or

and refer

egister of a

ach applica

qualifies.

TRUCTION

nt who hav

al Union’s

nstruction

duly consti

fied as a C

Committee,

months in t

by the norm

Agreement o

AL

AN REFERRA

tem of prod

ts for empl

status wit

bership or n

referral of

exclusive so

applicant f

icants for e

rship or no

ed in any w

r obligation

rral shall b

pplicants fo

nt for emp

ELECTRICI

ve 8,000 ho

geographi

labor mar

tuted Insid

Constructio

, and, who

the last fou

mal constr

of the refer

RAL PROCED

duction in t

loyment, pr

thin the ar

non-membe

applicants

ource of re

for employm

employment

on-member

way by rule

n of Union

be in acco

or employm

ployment sh

IAN

ours experi

ical area,

rket, have

de Construc

n Electricia

have been

ur years in

ruction mar

rring Local U

DURE

the Industr

reserving th

rea and of

ership in th

for employ

eferral of a

ment.

t without d

rship in the

es, regulatio

membershi

ord with th

ment establ

hall be regis

ience in th

as descri

e been ce

ction Local

an by any

n employed

the Site L

rket as de

Union.

Page 7

ry, providin

he legitimat

f eliminatin

he Union, th

yment.

pplicants fo

iscriminatio

e Union an

ons, bylaw

ip policies o

he followin

ished on th

stered in th

he trade, ar

bed herein

rtified as

Union of th

Inside Join

in the trad

Local Union

fined in th

ng

te

ng

he

or

on

nd

s,

or

ng

he

he

re

n,

a

he

nt

de

n’s

he

4th District Northern Ohio Recovery Agreement Page 8 December 1, 2011 through November 30, 2012

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 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.

GROUP II All applicants for employment who have 8,000 hours experience in the trade and

who have been certified as a Construction Electrician by a duly constituted Inside

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

Electrician by any Inside Joint Apprenticeship and Training Committee.

GROUP III All other applicants for employment.

6. If the registration list is exhausted and the Site Local Union is unable to refer applicants for

employment to the Employer within 48 hours from the time of receiving the Employer's

request, Saturdays, Sundays and holidays excepted, the Employer shall be free to secure

applicants without using the Referral Procedure but such applicants, if hired, shall have the

status of "temporary employees".

7. The employer will promptly notify the Business Manager of the names, recommended

classifications and social security numbers of such “temporary employee” and send the

“temporary employee” to the Site Local Union for processing. The Local Union will then

immediately refer those employees back to the recruiting employer with the appropriate

classification. Any questions or disputes regarding this clause shall be referred to the

Northern Ohio Labor Management Committee.

8. "Resident" means a person who has maintained his permanent home in the above

defined geographical area of the Site Local Union for a period of not less than

one year or who, having had a permanent home in this area, has temporarily left

with the intention of returning to this area as his permanent home.

4th District Northern Ohio Recovery Agreement Page 9 December 1, 2011 through November 30, 2012

9. The Union shall maintain an Available for Work List, which shall list the applicants within

each Group in chronological order of the dates they register their availability for

employment.

RE-REGISTRATION

10. An applicant who has registered on the Available for Work must renew his application every

30 days or his name will be removed from the List.

11. An applicant who is hired and who receives, through no fault of his own, work of forty

hours or less shall, upon re-registration, be restored to his appropriate place within his

Group.

12. Employers shall advise the Business Manager of the Site Local Union of the number of

applicants needed. The Business Manager shall refer applicants to the Employer by first

referring applicants in Group I in the order of their place on the Available for Work List and

then referring applicants in the same manner successively from the Available for Work List

in Group II, and then Group III. Any applicant who is rejected by the Employer shall be

returned to his appropriate place within his Group and shall be referred to other

employment in accordance with the position of his Group and his place within his Group.

EXCEPTIONS

13. The only exceptions which shall be allowed in this order of referral are as follows:

SKILLS

a) When the Employer states bona fide requirements for skills and abilities in his

request for applicants, the Business Manager shall refer the first applicant on the

register possessing such skills and abilities.

4th District Northern Ohio Recovery Agreement Page 10 December 1, 2011 through November 30, 2012

WORKER RECALL

b) An employer shall have the right to recall for employment any former Construction

Electrician employee that the employer has laid off, provided that:

1) The former employee is in the highest level Group on the referral list contained

in this agreement containing applicants available for work, regardless of the

individual’s position on the list;

2) The recall is made within 90 days from the time of layoff;

3) The former employee has not quit his most recent employer under this

agreement within the two weeks prior to the recall request;

FOREMAN CALL BY NAME

c) On projects covered by this agreement, the employer shall have the right to call a

Foreman by name under the IBEW standard inside referral procedure or the referral

procedure contained within this agreement provided:

1) The employee has not quit his previous employer that is signatory to this

agreement within the previous two weeks.

2) 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.

3) When an applicant for employment is called as a Foreman, he must remain as a

Foreman for one hundred & sixty (160) hours and may only work on jobs

covered by the scope of this recovery agreement.

APPEALS COMMITTEE

14. An Appeals Committee is hereby established composed of one member appointed by the

Union, one member appointed by the Employer or the Association, as the case may be, and

a Public Member appointed by both these members.

15. It shall be the function of the Appeals Committee to consider any complaint of any

employee or applicant for employment arising out of the administration by the Local Union

of Sections 4 through 13 of the Agreement. The Appeals Committee shall have the power

4th District Northern Ohio Recovery Agreement Page 11 December 1, 2011 through November 30, 2012

to make a final and binding decision on any such complaint which shall be complied with by

the Local Union. The Appeals Committee is authorized to issue procedural rules for the

conduct of its business but it is not authorized to add to, subtract from, or modify any of

the provisions of this Agreement and its decisions shall be in accord with this Agreement.

16. A representative of the Employer or of the Association, as the case may be, designated to

the Union in writing, shall be permitted to inspect the Referral Procedure records at any

time during normal business hours.

REPEATED DISCHARGE

17. An applicant who is discharged for cause two times within a 12-month period shall be

referred to the neutral member of the Appeals Committee for a determination as to the

applicant's continued eligibility for referral. The neutral member of the Appeals Committee

shall, within three business days, review the qualifications of the applicant and the reasons

for the discharges.

18. The neutral member of the Appeals Committee may, in his or her sole discretion:

1) require the applicant to obtain further training from the JATC before again being

eligible for referral;

2) disqualify the applicant for referral for a period of four weeks, or longer, depending

on the seriousness of the conduct and/or repetitive nature of the conduct;

3) refer the applicant to an employee assistance program, if available, for evaluation

and recommended action; or

4) restore the applicant to his/her appropriate place on the referral list.

19. A copy of the Referral Procedure set forth in this Agreement shall be posted on the Bulletin

Board in the offices of the Local Union and in the offices of the Employers who are parties

to this Agreement.

In the event there is a shortage of qualified applicants, the employers and the Local Union agree

to participate in Job Fairs and Industry Nights to address the issue.

4th District NoDecember 1, 2

The minim

Wages at t

or before q

(5) calenda

automatic

own shall b

transfer th

were disch

Assessmen

Inside Coll

the Site Lo

It is agreed

Fund ("NE

Internation

delineated

otherwise

local collec

accrued by

the NEBF.

owing to t

initiated by

the office

following th

The individ

Benefit Agr

An individu

his agreem

orthern Ohio Re2011 through N

um hourly

the establis

quitting tim

ar days pa

deposit ma

be paid in f

e money s

arged or vo

nts or Pena

ective Barg

cal Inside C

d that in ac

BF"), as en

nal Brotherh

as the Re

by the NEB

ction agent

y, the empl

The paym

the NEBF o

y the NEBF

of the ap

he end of e

dual Emplo

reement an

ual Employe

ment termin

ecovery AgreemNovember 30, 2

W

rate of Wag

shed rates s

me on any d

ay will be

ay be utilize

ull ½ hour

shall be tra

oluntarily q

alties for la

gaining Agr

Collective B

NATIONA

ccord with t

ntered into

hood of El

estated Em

BF the ind

t an amou

loyees in th

ment shall

on the last

or its assig

propriate l

each calend

yer hereby

nd Trust.

er who fails

nated upon

ment 2012

WAGES AN

ges and Be

specified he

day Monday

withheld.

ed by the E

prior to qu

nsferred to

uit shall be

te pay or

reement. H

Bargaining A

AL ELECTR

the Employe

between t

ectrical Wo

mployees B

ividual Emp

nt equal to

his bargain

be made b

t day of ea

gnee. The p

ocal collect

dar month.

y accepts,

s to remit a

n seventy-t

ND FRING

nefits shall

erein shall

y through F

Alternative

Employer.

itting time

o his or her

paid their

non-payme

Holidays an

Agreement.

RICAL BEN

ees Benefit

the Nationa

orkers on S

Benefit Agr

ployer will

o 3% of t

ing unit, an

by check o

ach calenda

payment an

tion agent

and agrees

s provided

two (72) ho

E BENEFIT

be as per a

be paid we

Friday of e

e payroll p

Employees

or if the em

r account w

wages per

ent of wag

nd vacation

NEFIT FUN

t Agreemen

al Electrica

September

reement an

forward m

the gross m

nd a comp

r draft and

ar month,

nd the payr

not later

s to be bo

above shal

ours’ notice

TS

attachment

eekly in the

ach week,

procedures,

s laid off th

mployee is s

within 24 h

the Site Lo

es shall be

ns shall com

ND (NEBF)

nt of the Na

l Contracto

3, 1946, a

nd Trust, t

monthly to

monthly lab

leted payro

d shall cons

which may

roll report s

than fiftee

ound by, th

ll be additio

e in writing

P

t “A”.

e shop or o

and no mo

i.e., elect

hrough no f

signed up f

hours. Em

ocal Union’s

e as per th

mply with t

)

ational Elect

ors Associat

as amende

that unless

the NEBF's

bor payroll

oll report p

stitute a de

y be recove

shall be ma

en (15) ca

he Restated

onally subje

g being se

Page 12

on the job a

ore than fiv

ronic and/o

fault of the

for electron

ployees wh

s agreemen

he Site Loc

the terms o

trical Benef

tion and th

ed, and no

s authorize

s designate

paid to, o

prescribed b

ebt due an

ered by su

iled to reac

alendar day

d Employee

ect to havin

erved by th

at

ve

or

eir

ic

ho

nt.

al

of

fit

he

w

ed

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or

by

nd

uit

ch

ys

es

ng

he

4th District Northern Ohio Recovery Agreement Page 13 December 1, 2011 through November 30, 2012

Union, provided the individual Employer fails to show satisfactory proof that the required

payments have been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the Restated

Employees Benefit Agreement and Trust shall also constitute a breach of this Agreement.

NATIONAL ELECTRICAL ANNUITY PLAN (NEAP):

It is agreed that in accord with the IBEW–District Ten–NECA Individual Equity Retirement Plan

Agreement entered into between the National Electrical Contractors Association, Inc., and the

International Brotherhood of Electrical Workers on December 11, 1973, as amended, and now

delineated as the National Electrical Annuity Plan Agreement and Trust, that unless authorized

otherwise by the National Electrical Annuity Plan (NEAP), the individual employer will forward

monthly to NEAP's designated collection agent the amount set forth in Attachment “A” (the

contribution obligation) together with a completed payroll report prescribed by the NEAP. The

payment shall be made by check or draft and shall constitute a debt due and owing to NEAP on

the last day of each calendar month, which may be recovered by suit initiated by NEAP or its

assignee. The payment and the payroll report shall be mailed to reach NEAP not later than 15

calendar days following the end of each calendar month.

The individual Employer hereby accepts, and agrees to be bound by, the National Electrical

Annuity Plan Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having

his agreement terminated upon 72 hours notice in writing being served by the Union, provided the

individual employer fails to show satisfactory proof that the required payments have been paid to

the appropriate collection agent.

The failure of an individual employer to comply with the applicable provisions of the National

Electrical Annuity Plan Agreement and Trust shall also constitute a breach of his labor agreement.

NECA/IBEW FAMILY MEDICAL CARE PLAN

The individual Employer shall contribute and forward monthly to the IBEW Family Medical Care

Trust Fund an amount as the amount set forth in Appendix “A” which he is obligated to pay to the

4th District NoDecember 1, 2

employees

LMC, Inc.

designated

individual E

Care Trust

The parties

portability

Ohio Labo

Funds and

Recovery A

agreement

On all jobs

constructio

Rights clau

Wireman to

Wireman is

projects ut

an employe

orthern Ohio Re2011 through N

in this ba

The pay

d agent not

Employer h

Fund Agree

s agree to

of the Con

r Managem

entities lis

Agreement

t of the Coll

s covered b

on wiremen

use of this

o every fou

s required

tilizing Insid

er must sig

ecovery AgreemNovember 30, 2

argaining u

ment and

later than

hereby acce

ement and

RECOVE

the establ

nstruction W

ment Comm

sted on Att

and its Col

ection Age

by this Agre

n, construct

Agreemen

ur (4) empl

on the pro

de Journey

n the Insid

ment 2012

nit, and a

payroll rep

15 calenda

epts, and a

Trust.

ERY AGRE

ishment of

Wireman a

mittee shall

tachment “A

lection Age

nt are incor

CREW

eement, the

tion electri

nt. There

oyee of dif

oject as the

yman Wirem

e Collective

completed

port shall

ar days follo

agrees to b

EMENT CO

the Northe

and Constru

establish

A” are sub

ent’s operat

rporated by

MIX AND

e crew mix

cians, appr

shall be a

fferent class

e fifth (5th)

men, appre

e Bargaining

d payroll re

be mailed

owing the e

be bound by

OLLECTIO

ern LMC, I

uction Elec

the Northe

bject to the

ting agreem

y reference

RATIOS

can be sup

rentices, or

minimum

sification pe

worker or

entices or p

g Agreeme

eport presc

to reach

end of each

y, the NEC

ON AGENT

Inc. for the

ctrician wor

ern LMC, In

e provisions

ment. The

herein.

pplemented

r as allowe

ratio of o

er jobsite.

when app

portability o

nt of the si

P

cribed by th

the Truste

h calendar m

CA/BEW Fam

e purpose o

rkforce. T

nc. contrib

s of the No

terms of th

d by the em

ed in the M

one Inside

An Inside

prentices ar

of these cla

te Local Un

Page 14

he Norther

ees or the

month. Th

mily Medica

of increasin

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utions to a

orthern Oh

he operatin

mployer wit

Managemen

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re used. O

assification

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4th District NoDecember 1, 2

The parties

and emplo

The Code o

Therefore,

Program. T

It is the E

compliance

agreement

Standards

other appli

Article, are

and imposi

and safety

The JATC f

Levels and

the area co

all the JAT

Union Orga

orthern Ohio Re2011 through N

s to this Ag

oyee must

of Excellenc

each IBEW

The progra

Employer's

e with thes

t for all em

of Construc

icable fede

e minimum

tion by the

of the emp

from the ho

Inside Wir

overed by t

TC Commit

anizer is to

ecovery AgreemNovember 30, 2

greement re

meet the h

ce has prov

W local un

m shall inc

exclusive

se safety r

mployers to

ction as est

eral or state

rules and n

e Employers

ployees. Th

ome local u

emen upgr

this agreem

tee Membe

be on the A

ment 2012

CODE

ecognize th

highest lev

ven to be a

nion and N

lude minim

responsibil

rules and

develop sa

tablished b

e laws. Su

not intended

s of addition

he Employe

union shall

ade training

ment, or in

ers, Directo

Apprentices

OF EXCEL

hat to meet

els of perf

a vital elem

NECA chap

mum standa

SAFETY

ity to insu

standards.

afe work ru

by the Occu

uch rules a

d to imply t

nal or more

er shall furn

TRAINING

be respons

g for Const

any IBEW

ors, and In

ship Comm

LLENCE

t the needs

formance, p

ment in mee

pter shall i

rds as desig

ure the saf

It is en

ules that a

upational Sa

and the oth

that the Un

e stringent s

nish all safe

G

sible for all

truction Ele

Local Unio

nstructors.

ittee to insu

s of our cus

professiona

eting the cu

mplement

gned by the

fety of its

couraged b

are equal to

afety and H

her safety

nion objects

safety rules

ety equipme

training of

ctricians. S

n, requires

The Busin

ure there is

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stomers, bo

alism, and

ustomers’ e

a Code o

e IBEW and

employees

by all part

o or greate

Health Act o

rules provi

s to the est

s to protect

ent.

f Constructi

Successful o

the full co

ness Manag

s full coope

Page 15

oth employe

productivity

expectation

of Excellenc

d NECA.

s and their

ties to this

er than the

of 1970, or

ded in this

tablishment

t the health

ion Wirema

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ger or Loc

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4th District NoDecember 1, 2

Leve

ls

CW-1

CW-2

CW-3

CW-4

CE-1*

CE-2*

CE-3*

JIW

* Must pas

Any CW/CE

orthern Ohio Re2011 through N

Tota

l Doc

um

ente

d Ex

peri

ence

(I

ncl

ude

sB

oth

Pre

viou

s&

0 – 2,000

2,001 – 4Hour

4,001 – 6Hour

6,001 – 8Hour

8,001 – 1Hour

10,001 – 1Hour

12,001 – 1Hour

14,00

ss a practica

E may requ

ecovery AgreemNovember 30, 2

ADV

(In

clu

des

Bot

h P

revi

ous

&

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gram

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um

ula

ted)

Hours 2

4,000 rs 4

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8,000 rs 8

10,000 rs 1

12,000 rs 1

14,000 rs

1MO

01

NC

al hands-on

est all or pa

ment 2012

VANCEM

R

,000 Hours

,000 Hours

,000 Hours

,000 Hours

0,000 Hour

2,000 Hour

4,000 HourMust Pass COffered if TeNo one will bClassification

1) Havinconst

2) HavinexamCraft

n exam mut

art of the C

MENT AND

Requiremen

s of Docume

s of Docume

s of Docume

s of Docume

rs of Docum

rs of Docum

rs of Documraft Certificest Failed obe advancen to Journeng a minimutruction worng successfuinations of Certificatio

tual agreed

Craft Certific

D TRAIN

Advance

nts for Mov

ented Expe

ented Expe

ented Expe

ented Expe

mented Exp

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mented Expcation Test or Requesteed from Coneyman Insidum of 14,00rk experienully taken teach levels

on Program;

d to by the

cation Test

NING

ement

vement to N

erience

erience

erience

erience

perience

perience

perience Parts 1, 2,

ed) nstruction Ede Wireman00 of docum

nce; the written s of the lev;

parties of t

at anytime

P

Next Level

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Electrician n without: mented ele

and practicvels of the

this agreem

e.

Page 16

6 (Class

ctrical

cal NJATC

ment.

j

4th District NoDecember 1, 2

The employ

job name a

attachment

When an

employer s

copy of the

Portability

accordance

Unions con

Should any

such provis

full force a

are in conf

orthern Ohio Re2011 through N

yer shall no

and addres

t “D”.

employer

shall comple

e man-hour

of manpow

e with the P

ntained in a

y provision

sion shall im

nd effect a

formity with

ecovery AgreemNovember 30, 2

JO

otify the site

ss, approxim

is successf

ete and forw

r tracking fo

wer for all

Portability o

ttachment

of this Agr

mmediately

nd the part

h the applic

ment 2012

OB REPOR

e local unio

mate durat

ful in secu

ward to the

orm (attach

PORTABIL

work perfo

of Manpowe

“C”.

SEPAR

eement be

y become nu

ties shall, th

able law.

RTING REQ

on by fax or

tion and es

uring work

e Site Local

hment “E”)

LITY OF M

ormed und

er Memoran

RABILITY C

declared il

ull and void

hereupon, s

QUIREMEN

r e-mail wit

stimated ma

k under the

l Union and

within 30 d

MANPOWE

der the term

ndum of Un

CLAUSE

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d, leaving t

seek to neg

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thin 24 hou

anpower at

e terms o

d the IBEW

days of com

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ms of this

nderstandin

ny court of

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gotiate subs

P

urs of startin

t peak. Jo

f this Agre

Fourth Dis

mpletion of t

agreement

ng between

competent

der of the A

stitute prov

Page 17

ng a job, th

ob start form

eement, th

strict Office

the project

t shall be

n IBEW Loc

t jurisdiction

Agreement

visions whic

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a

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in

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n,

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4th District NoDecember 1, 2

The minim

Inside J

Forema

Apprent

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* A

rate

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effec

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* A

rate

Unio

effec

* See A

orthern Ohio Re2011 through N

um hourly

Journeymen

an ------------

tice ---------

uction Elect

A percentage

es containe

ons signato

ective Decem

uction Wirem

A percentage

es containe

ons signato

ective Decem

Attachment

ecovery AgreemNovember 30, 2

A

rate of Wag

n Wireman

--------------

--------------

rician

e of the av

ed in the I

ory to this a

mber 1st ea

man

e of the av

ed in the I

ory to this a

mber 1st ea

t “B”

ment 2012

ATTACHM

BAS

ges and Be

-------------

--------------

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verage taxa

Inside Colle

agreement.

ach year of t

verage taxa

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agreement.

ach year of t

MENT “A” W

SE WAGES

nefits shall

--------- Firs

--------- Firs

--------- Firs

able base w

lective Barg

To be calc

this agreem

able base w

lective Barg

To be calc

this agreem

WAGES

S

be as follo

st Shift Site

st Shift Site

st Shift Site

wage pay o

rgaining Ag

lculated Nov

ment.

wage pay o

rgaining Ag

lculated Nov

ment.

ows:

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Local Insid

Local Insid

of Journeym

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of Journeym

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de CBA Rate

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man Wirema

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of the Loct and becom

Page 18

e*

e*

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an

cal

me

an

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me

4th District Northern Ohio Recovery Agreement Page 19 December 1, 2011 through November 30, 2012

ATTACHMENT “A”

FRINGE BENEFITS AND RELATED FUNDS

NECA/IBEW Family Medical Care Plan ......................... 4.15 Per Hour Worked*

NEBF ................................................................................... 3% of Gross Payroll

NEAP ................................................................................... 3% of Gross Payroll

NEIF .......................................... .See Attachment “B” (NECA Contractors Only)

Site JATC Fund....................................... See Attachment “B”, Per Hour Worked

LLMCC &NLMCC Fund ............................ See Attachment “B”, Per Hour Worked

Site NECA Administrative Fund See Attachment “B”, Per Hour Worked

Collection Agent Fee .............................. See Attachment “B”, Per Hour Worked

* Subject to Change by the Plan Board of Trustees

WAGE RATE CALCULATION SHEET ATTACHMENT "B"

Fourth District Northern Ohio Recovery Agreement

Local Union: 8 38 64 129 246 306 540 573 673 Average

Journeyman Wireman Base Pay: $34.57 $35.48 $30.10 $30.30 $36.00 $31.89 $29.58 $29.15 $32.20 $32.14

JATC Contribution $0.93 $0.42 $0.80 $0.22 $0.99 $0.64 $0.67 $2.00 $0.60 $0.81

NLMCC & LLMCC Contribution $0.43 $0.11 $0.21 $0.07 $0.20 $0.25 $0.11 $0.28 $0.04 $0.19

NECA Administrative $0.14 $0.18 $0.15 $0.15 $0.25 $0.22 $0.21 $0.15 $0.16 $0.18

NECA Service* $0.14 $0.11 $0.06 $0.09 $0.11 $0.10 $0.09 $0.06 $0.10 $0.10

Hourly Rate NEBF H&W NEAP JATC

NLMCC &

LLMCCNECA

Admin.Central

CollectionNECA s/c* Total Package

3.0% 3.0%

CW-1 0 – 2,000 Hours 35% $11.25 $0.34 $4.15 $0.34 $0.81 $0.19 $0.18 $0.10 $0.10 $17.46

CW-22,001 – 4,000

Hours 35% $11.25 $0.34 $4.15 $0.34 $0.81 $0.19 $0.18 $0.10 $0.10 $17.46

CW-34,001 – 6,000

Hours 40% $12.86 $0.39 $4.15 $0.39 $0.81 $0.19 $0.18 $0.10 $0.10 $19.17

CW-46,001 – 8,000

Hours 45% $14.46 $0.43 $4.15 $0.43 $0.81 $0.19 $0.18 $0.10 $0.10 $20.85

CE-18,001 – 10,000

Hours 50% $16.07 $0.48 $4.15 $0.48 $0.81 $0.19 $0.18 $0.10 $0.10 $22.56

CE-210,001 – 12,000

Hours 55% $17.68 $0.53 $4.15 $0.53 $0.81 $0.19 $0.18 $0.10 $0.10 $24.27

CE-312,001 – 14,000

Hours 70% $22.50 $0.68 $4.15 $0.68 $0.81 $0.19 $0.18 $0.10 $0.10 $29.39

* Paid by NECA Contractors Only

This Section for Wage Calculations Only

This Section for Payroll and Fringe Benefit Reporting

4th District Northern Ohio Recovery Agreement December 1, 2011 through November 30, 2012 Page 20

4th District NoDecember 1, 2

PO

Any Local

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Four

orthern Ohio Re2011 through N

ORTABILIT

Union sig

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be entitle

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tained in th

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morandum

mpleted.

employer

ting a job.

mated man

mber of all e

Local Unio

ually to rev

nagers sign

memorand

violating e

rth District

ecovery AgreemNovember 30, 2

TY OF MAN

BET

natory to

the followin

signatory t

on and sign

ed to unlim

vered by

eement and

he scope of

on becomin

ast 2 (two)

successfu

will be aff

shall notify

The notif

npower at p

employees w

on Business

view this po

atory to th

dum, they m

mployer fo

Office.

ment 2012

ATTAC

NPOWER

TWEEN IB

this Memo

ng:

to an IBEW

natory to th

mited Porta

the Local

d this Mem

4th District

ng signatory

years.

lly biding

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fy the site

fication sha

peak, name

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s Managers

ortability ag

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may suspen

or a period

CHMENT “

MEMORAN

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orandum of

W Inside Co

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ability of M

Unions sig

morandum p

Northern O

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all include t

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andum any

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4th District Northern Ohio Recovery Agreement Page 22 December 1, 2011 through November 30, 2012

6. The Business Managers signatory to this memorandum, by a 60% majority vote, shall

a have the option of amending and or canceling this memorandum, with approval of

the Fourth District Office, with a 60 (sixty) days notice to all employers signatory to 4th

District Northern Ohio Recovery Agreement and all Local Unions signatory to this

memorandum with approval of the Fourth District Vice President. All jobs successfully

bid prior to amending or canceling this memorandum will be afforded all rights

contained in paragraph 1 until the job is completed.

7. Any Local Union may withdraw from this memorandum after the minimum time frame

contained in paragraph 2 with a 60 (sixty) day notice to all Local Unions signatory to

this memorandum and all employers signatory to 4th District Northern Ohio Recovery

Agreement. All jobs successfully bid prior to the effective date of withdrawal from this

memorandum will be afforded all rights contained in paragraph 1 until the job is

completed in the jurisdiction of the withdrawing Local Union.

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