MILLWRIGHT WORKING AGREEMENT NORTH … agreement between millwright contractors and north central states regional council of carpenters & joiners of minnesota, north dakota, south

MILLWRIGHT WORKING AGREEMENT

NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS

(NORTHEASTERN MINNESOTA & WISCONSIN)

OF THE

UNITED BROTHERHOOD OF CARPENTERS

AND

JOINERS OF AMERICA

2011-2015

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INDEX

PAGE

Preamble 2

Article 1 – Considerations for Agreement 2

Article 2 – Designation of Parties 2

Article 3 – Union Recognition 3

Article 4 – Scope of Agreement 3

Article 5 – Union Security 3

Article 6 – Insurance and Taxes 5

Article 7 – Hiring 5

Article 8 – Conflicting Agreement 6

Article 9 – Violations of Agreement 6

Article 10 – Settlement of Disputes 6

Article 11 – Management Claus 7

Article 12 – Union Representatives 8

Article 13 – Rotation of Employees 8

Article 14 – Apprenticeship and Training 8

Article 15 – Fringe Benefits 9

Article 16 – Safety 14

Article 17 – Lockout, Pickets and Strikes 14

Article 18 – Subcontractor Clause 14

Article 19 – Payday and Wage Payments 15

Article 20 – Saving Clause 15

Article 21 – Duration 16

Article 22 – Hours of Work, Shifts 16

Article 23 – Call in Pay 17

Article 24 – Steward 17

Article 25 – Condition of Employment 18

Article 26 – Tools 18

Article 27 – Foreman 18

Article 28 – Subsistence 19

Article 29 – Wages 19

Article 30 – Work Preservation 20

Article 31 – Millwright Fund 20

Jurisdiction Map 21

Signature Page 22

Signature Page 23

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AGREEMENT BETWEEN

MILLWRIGHT CONTRACTORS

AND

NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS & JOINERS

OF MINNESOTA, NORTH DAKOTA, SOUTH DAKOTA AND WISCONSIN

MILLWRIGHT AND MACHINERY ERECTORS LOCAL #1348

EXPIRES April 30, 2015

BASIC ARTICLES OF AGREEMENT

This Agreement is entered into this _____________day of ______________,______, by and between

_________________________ hereinafter referred to as the Employer and the North Central States

Regional Council of Carpenters on behalf of Millwright and Machinery Erectors Local #1348 of the

United Brotherhood of Carpenters and Joiners of America, located in Minnesota and in Wisconsin

hereinafter referred to as the Union, to establish rates of pay, wage, hours of employment, fringe benefits

and vacations, where applicable and other terms and provisions and concerning employment relations

and collective bargaining relations, between or involving such parties on all construction work. NOW,

THEREFORE, for such purposes, it is agreed as follows:

ARTICLE 1 – CONSIDERATIONS FOR AGREEMENT

The considerations for this Agreement are the mutual promises of the parties and their mutual promises

to establish, maintain and promote sound and harmonious labor relations. It is desirable to maintain the

cooperative relationship and jurisdictional work assignments existing during the past years between the

Employer and the employees represented by the Union.

ARTICLE 2 – DESIGNATION OF PARTIES

(A) The Employer as a party of this Agreement has agreed to be bound to the terms of this

Agreement.

(B) The Labor Organization on its own behalf and on behalf of the Millwrights and their Apprentices

whom they represent and on whose behalf they are recognized, are parties hereto. The status of

said Union is dual, in that they are parties hereto as principals, and also as agents for the

employees whom they represent and on whose behalf they are recognized or to be recognized as

hereinafter provided.

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ARTICLE 3 – UNION RECOGNITION

The Employer hereby recognized the Union as the exclusive collective bargaining representative of the

employees in the craft signatory to this Agreement, in respect to rates of pay, wages, hours of

employment and fringe benefits where applicable, and other conditions of employment. The Union is

hereby recognized hereunder by the Employers as the sole and exclusive bargaining representative of the

employees respectively represented by them. The Union represents that it is qualified for such

recognition.

ARTICLE 4 – SCOPE OF AGREEMENT

This Agreement shall cover all Millwright work done in the territorial jurisdiction of Millwright and

Machinery Erectors Local #1348 and will include the following counties in the State of Minnesota;

Aitkin, Becker, Beltrami, Carlton, Cass, Clearwater, Cook, Lake, Crow Wing, Hubbard, Itasca, Kittson,

Koochiching, Lake of the Woods, Mahnomen, Marshall, Norman, Otter Tail, Pennington, Red Lake,

Roseau, St. Louis, Wadena, Wilkin and that part of Clay County outside of a 5 mile radius of Moorhead

and that part of Polk County outside of a 5 mile radius of East Grand Forks. In Wisconsin the County of

Douglas and that portion of Bayfield County west of Highway 63, and west of a line drawn between

Drummond and Herbster and the Lake Superior shore, including the cities of Drummond and Herbster.

Employer’s signatory to this Agreement recognizes this jurisdiction and agrees to be bound by the

provisions of this Agreement in the designated area. See attached Map

ARTICLE 5 – UNION SECURITY

Section 5.1 The Union shall be entitled to Union Security to the extent that each employee in the

collective bargaining unit represented by such Union shall on the eighth (8th

) day following the

beginning of employment in such collective bargaining unit by such Employer under the coverage of

this Agreement of the effective date of this Agreement, whichever is later, be required to become and

remain a member in good standing of such Union as a condition of employment. The Employer will be

required to dismiss employees who refuse to comply with this Union Shop Provision after written

notification by a bonafide representative of the Union to a responsible representative of the Employer on

the job. The Union shall be entitled to approach individual employees for organizational purposes as

provided by law.

Section 5.2 The Union recognized under Article III, of this Agreement shall be entitled to Union

Security to the extent that each Employee in the collective bargaining unit represented by such Union

shall on the eighth (8th) day following the beginning of employment in such collective bargaining unit

by such Employer under the coverage to this Agreement of the effective date of the Agreement,

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whichever is later, be required to become and remain a member in good standings of such Union as a

condition of employment.

The Employer will be required to dismiss Employees who refuse to comply with this Union

Shop Provision after written notification by a bonafide representative of the Union to a responsible

representative of the Employer on the job.

Each of the Unions shall be entitled to approach individual Employees for organizational

purposes as provided by law.

Section 5.3 The Contractor agrees to recognize voluntary and properly signed authorization

cards of its employees requesting the Contractor to make deductions from wages for the amount of any

delinquent dues, initiation fees, or working dues deduction; such amounts to be sent to the North Central

States Regional Council of Carpenters.

Section 5.4 Working Dues Deduction. Upon the Union’s receipt of an employee’s written

authorization, which shall be irrevocable for not more than one (1) year or the term of this Agreement,

whichever occurs sooner, the Employer shall deduct from the employee’s wages, working dues

deduction in the amount per hour certified to the Employer by the Union as representative of that

required of all members to maintain membership in the Union, and remit the same in an amount as

specified under Article 29 “Wage & Fringes” on a remittance form showing the names and amounts

from whom the deductions were made in the amount required for the particular area where the work is

performed. Such form shall also show the various Fund contributions made by the Employer pursuant

to this Agreement. Upon the Employer request, the Union shall furnish the Employer with a copy of the

employees’ written authorization. Failure of the Union to submit such authorization shall relieve the

Employer of the obligation to deduct the Working Dues Deduction. Such written authorization by an

employee may be revoked by the employee during a ten (10) day period prior to the anniversary or

termination date of this Agreement, whichever occurs first. In the absence of such revocation, sent and

received in accordance with the foregoing, the authorization shall be renewed for additional yearly

periods during the term of this Agreement. The employee’s written authorization shall require that the

employee acknowledge that employment in the construction industry may cause the employee to be

employed by several different Employers signatory to this Collective Bargaining Agreement and that the

authorization will extend to all Employers for whom the employee may perform work under the terms

and provisions of the Collective Bargaining Agreement in force and effect as of the time of employment.

It shall be the Union’s obligation to provide each Employer with a copy of each employee’s current

written authorization upon the establishment or re-establishment of an employment relationship.

Section 5.5 The working dues and assessments required of each employee shall be established

annually by the North Central States Regional Council of Carpenters in accordance with its By-laws.)

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ARTICLE 6 – INSURANCE AND TAXES

(A) The Employer agrees to carry any and all insurance and pay all applicable taxes as required by

applicable State and Federal Laws.

(B) The Employer further agrees to pay for State Workmen’s Compensation Insurance and into State

Unemployment Compensation Fund such amounts as are due under State and Federal Laws.

(C) In the event that a National/State Health Insurance Program is enacted, the Employer

contribution to the current Health and Welfare Plan, as described in Article 16, shall be applied

to any cost incurred by the Employer and/or the employees covered hereunder in Wage/fringe

increases as follows:

If the current Employer contribution is in excess of the cost of such National/State Health Plan,

then at the discretion of the employees covered hereunder, the difference shall become a

contribution to either a supplemental health and welfare insurance plan and/or one of the existing

Pension Plans.

ARTICLE 7 – HIRING

(A) When the Employer needs men, he shall give the Union equal opportunity with all sources to

provide suitable applicants.

(B) When calling the Union for Journeyworkers or Apprentices, the Employer shall endeavor to give

a forty-eight (48) hour notice.

(C) There shall be no discrimination against any prospective Employee, by the Employer or the

Union, because of affiliation or non-affiliation with the Union, race, color, sex, age, political or

religious beliefs.

(D) The Union agrees that to the best of its ability all applicants for employment referred to an

Employer shall be experienced in the classification requested.

(E) A Contractor from outside of the jurisdictional area of this Agreement will be allowed to bring in

one (1) foreman and one (1) key bargaining unit employee, provided, however, the Contractor

has signed this Agreement with the North Central States Regional Council of Carpenters, and

further provided, that the Contractor hires at a fifty to fifty (50 – 50) ratio bargaining unit

employees who are members of local #1348. When employees are to be laid off the contractor

will make every reasonable effort lay off the travelers first that are not members of local #1348,

unless the Local can’t provide qualified millwrights to perform the work.

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ARTICLE 8 – CONFLICTING AGREEMENTS

The Employers agree not to enter into any Labor Agreements covering Construction work, exclusive of

maintenance and repair shops, with their employees on whose behalf Local #1348 has been granted

recognition hereunder individually or collectively which in any way conflicts with the terms and

provisions of this Agreement.

ARTICLE 9 – VIOLATIONS OF AGREEMENT

In the event that the Employer deliberately violates the provisions of the foregoing Articles or

deliberately violates any provisions of this Agreement relating to wages, hours of work, overtime

differentials and vacations, any back pay owed to the employees because of such violation shall be paid

by the Employer at the rate of two times the standard straight time and overtime rates. Reasonable

evidence of clerical error or honest mistake in interpretation of the Agreement shall exempt the

Employer from the double penalty provision, and in such case the Employer shall be required to pay

only the actual amount of back pay involved, at the standard straight time and overtime rate.

ARTICLE 10 – SETTLEMENT OF DISPUTES

(A) Any controversy over the interpretation of or adherence to the terms of this Agreement shall first

be attempted to be resolved between the Union and the Employer. Any controversy or grievance

shall be deemed to be waived unless submitted in writing within ten (10) working days after the

first occurrence of the event or knowledge of the condition giving rise to the grievance.

(B) If a satisfactory settlement cannot be reached within five (5) working days the matter may be

brought to the AGC-Basic Trades Disputes Board, if both parties agree in writing. In such case

the grieving party shall submit a written statement of the claim and facts of the matter to other

parties including the Employer and the Union. (The rules of the Disputes Board shall be those

already adopted by the Joint Committee).

Both parties must sign Agreement to bring matter to Disputes Board. Both parties must

sign the document binding them to Board decision. If either party does not attend meeting after

signing above and being notified of the meeting date and time, a decision will be rendered

though they are not present.

Decisions of the Disputes Board will be drafted at the conclusion of the meeting, signed

by members of the Board, and distributed to both parties at that time.

(C) The Disputes Board is to be made up of equal numbers of Management and Labor

representatives who will meet regularly to settle any disputes, (other than jurisdictional disputes)

to avoid work stoppages, or other problems affecting productivity. This Board shall have no

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power to add to, delete, or modify any of the terms or provisions of this Agreement. All

decisions of the Disputes Board shall be final and binding on the parties.

If either party, after signing above documents, refuses to abide by the decision of the Disputes

Board, economic action may be taken by the other party.

(D) Should the Disputes Board, as established, be unable to reach a decision on the matter before it,

or because of a deadlock (lack of majority) or if either party refuses to use the Joint Disputes

Board then the matter may be referred to a Board of Arbitration that shall operate in the

following manner: The Union shall appoint an Arbitrator and the Employer shall appoint an

Arbitrator within ten (10) working days and the two Arbitrators thus selected shall appoint a

Neutral Chairman. In the event of the failure of the Arbitrators selected by the parties to agree

on a Neutral Chairman within ten (10) working days after the dispute is referred to arbitration,

they shall ask the Federal Mediation and Conciliation Service for a list of five (5) names from

which the aggrieved party shall strike the first two (2) names and other party shall then strike two

(2) names, and the final name shall be selected as the Neutral Chairman. The Neutral Chairman

thus selected shall set the time and place for hearings, which shall begin no later than ten (10)

working days after his selection, with the final decision to be handed down in not more than ten

(10) working days after the last hearing is held. The time may be extended by mutual agreement

between the parties.

The decision of the Arbitrators shall be final and binding on signatories to this Agreement

who are parties to the dispute; provided, however, that the Arbitrators shall have no power to add

to, delete, or modify any provisions of this Agreement.

The Employer will pay all expenses of his Arbitrator and the Union will pay all expenses

of its Arbitrator, and the Employer and the Union will share equally all fees and expenses of the

Neutral Chairman.

All work and other conditions prevailing immediately prior to the raising of the question

to be decided under this Article shall remain unchanged until final decision has been reached

hereunder.

ARTICLE 11 – MANAGEMENT CLAUSE

Management reserves the right to manage its jobs to the best interest of Management; the right to retain

or dispense with employees; to reduce or increase the number of employees needed on each project,

crew, activity or piece of equipment. Management has the right to determine reasonable employment

qualifications of employees and may discharge any employee whose work is unsatisfactory or who fails

to observe reasonable regulations or safety precautions prescribed by the Employer or any

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Governmental Agency. The employee shall use any tools, equipment, machinery, new materials,

products or procedures of his craft required by the Employer.

ARTICLE 12 – UNION REPRESENTATIVES

(A) Authorized representatives of the North Central States Regional Council of Carpenters shall have

access to all jobs under construction, provided, however, that they shall report their presence to

the Contractor or his immediate representative on the jobsite and shall not interfere with

employees during working hours. The representatives shall comply with the specific project

safety rules, regulations and customer/owner requirements.

(B) The authorized Business Representative of the North Central States Regional Council of

Carpenters may request the Contractor in writing for a notarized statement of a specific

employee’s wages and hours on a particular job for a particular period if the North Central States

Regional Council of Carpenters has reasonable cause to suspect that provisions of the contract

are not being complied with. A copy of the aforesaid request will be sent to the party and the

Association. A copy of the notarized statement will be sent to the North Central States Regional

Council of Carpenters within three (3) working days after receipt of request.

ARTICLE 13 – ROTATION OF EMPLOYEES

The Union may not require rotation of employees during the life of this Agreement, other than

Apprentices shifted for purposes of training.

ARTICLE 14 – APPRENTICESHIP AND TRAINING

All Apprentices in the millwright classifications shall be governed by the provisions of the Joint

Apprenticeship Committee Standards adopted. The apprentice base wage rates shall be as follows:

0 to 1000 hours - 65%

1000 to 2000 hours - 70%

2000 to 3000 hours - 75%

3000 to 4000 hours - 80%

4000 to 5000 hours - 85%

5000 to 6000 hours - 90%

6000 to 7000 hours - 95%

Contractors who employ apprentices during times when the apprentices must attend school for

mandatory apprentice training sessions shall lay off the apprentices for the period of training sessions,

and they shall report the layoffs as having been taken under the terms of a collective bargaining

agreement to attend apprentice training school.

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The Union, Employer and Apprentice agree to take all reasonable steps to facilitate the apprentices’

receipt of unemployment benefits when attending mandatory training.

ARTICLE 15 – FRINGE BENEFITS

The Employer agrees to contribute every month, not later than the 15th of the following month,

hereinafter called the "due date", such sums for Pension, Health and Welfare, Vacation, Dental,

Apprenticeship and Promotion Funds as they may be established, an amount for each hour worked by all

employees covered by this Agreement. Each payment shall be accompanied by a report in a form as

specified by the Trustees. The Trusts shall be governed by an equal number of Union and Employer

Trustees, and the Trustees shall represent the interests of the Plan participants. The terms of the Trust

Agreements, the Plan Documents and Plan policies, as amended from time to time, are hereby

incorporated as a part hereof.

(A) New signatory or delinquent Employers, upon becoming bound to this Agreement after May 1,

2011, shall obtain a $50,000 surety bond to be held by the Trustees of the Fringe Benefit Funds.

In the event that the Employer cannot or does not secure a $50,000 bond, the Employer must pay

fringe benefits on a weekly basis at the same time as the Employer’s regular payroll

disbursements. “Weekly basis” shall mean that the Employer’s report and payment for a

particular work week shall be due on the Friday of the following week. An Employer’s report

and payment shall be considered “delinquent” if not postmarked on or before such day. In

addition to the weekly Fringe Benefit contributions, the unbonded employers and delinquent

employers must also pay into an escrow account held by the Fringe Benefit Fund Trustees or

their designee(s) an amount equal to 20% of the Employer’s weekly fringe benefit payment. The

unbonded/delinquent Employer shall continue to make weekly payments to the escrow account

until the balance of the escrow account reaches $50,000 ($25,000 if the Employer has fewer than

seven (7) regular employees). An Employer may cash out its escrow account only if the

Employer has provided proof to the Trustees or their designee(s) that the Employer has obtained

a $50,000 surety bond to be held by the Trustees of the Fringe Benefit Funds.

(B) An Employer shall be considered “delinquent” for a particular work month (or work week in the

case of Employers on weekly reporting) if its required report and the proper payment for that

month (week) are not postmarked on or before the 15th

day of the following month (Friday of the

following week, for Employers required to make payments on a weekly basis), irrespective of

whether such delinquency is willful or otherwise

(C) Contributions which are delinquent as defined in this article shall be deemed to be “unpaid

contributions” for purposes of the Funds’ remedies pursuant to this Agreement and applicable

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law.

(D) An Employer who is delinquent and has unpaid contributions shall be required to pay to the

Funds an additional amount of 10% of the amount of the unpaid contributions as liquidated

damages together with interest on the unpaid contributions as specified in the Trust Agreement,

or if greater, two times the specified interest on the unpaid contributions.

(E) When the Trustees have determined that an Employer is delinquent in its Fringe Benefit

contributions, the Employer shall make ongoing and future Fringe Benefit contributions on a

weekly basis and establish an escrow account as described in this article. Once the Employer has

made payments on a weekly basis for 26 consecutive weeks without further delinquency, the

Trustees may, in their sole discretion, remove the requirement that such delinquent Employer

make weekly fringe fund reports and payments and contributions to the escrow account. The

Trustees may, in their sole discretion, permit such delinquent Employer to cash out its escrow

account only after the Employer has made Fringe Benefit contributions for one year without

delinquency and provided proof of a surety bond as required by this article.

(F) Illustration: If an Employer’s report and payment for the January work month have not been

postmarked before February 16, such Employer becomes delinquent at that point and must pay

the full amount due, plus interest and 10% as liquidated damages or, if greater, double interest.

In addition, the Employer shall be placed on the weekly reporting basis for work weeks

commencing after February 16. Reports and payments shall then be due each week on the

Friday of the week following the work week, and weekly payments shall be made to an escrow

account in an amount equal to 20% of the weekly contributions due. When the Employer has

completed 26 consecutive weeks without further delinquency, the Trustees of the Fringe Benefit

Funds may (in their discretion) allow the Employer to revert to monthly Fringe Benefit

contributions. When the Employer has completed one year of required Fringe Benefit payments

without further delinquency, and has proven to the Trustees that it has obtained a $50,000 surety

bond to be held by the Trustees, the Trustees may (in their discretion) allow the Employer to

cash out the escrow account.

(G) The delinquent Employer shall also be required to pay all cost of collection actually incurred by

the Trust Fund, including all attorney fees, service fees, filing fees, court reporter fees and all

other fees, costs and disbursements incurred by or on behalf of the Trust Funds in collecting the

amount due.

(H) Each Employer who is required to make payment to the Trust Funds shall promptly furnish to the

Trustees or their authorized agents, on demand, in paper and electronic form, all necessary

employment and payroll records relating to its employees covered by this Agreement, including

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any other relevant information that may be required in connection with the administration of the

Trust Funds. The Trustees or their authorized agents may examine such employment or payroll

records whenever such examination is deemed necessary in connection with the proper

administration of the Trust Funds upon authorization of the Trustees.

If any Employer fails or refuses to furnish its payroll records to the Trustees or their authorized

agents upon demand or refuses to afford the Trustees, or their authorized agents reasonable

opportunity to examine the same in accordance with standard auditing procedures, the Trustees

may enforce such right by legal action in which event all attorney fees, service fees, filing fees,

court reporter fees, and other legal costs and disbursements, as well as the auditing fees and costs

incurred in conducting such audit, shall be paid by such Employer on direction of the Trustees.

(I) The Unions shall also have the right to take economic action, including but not limited to the

right to refuse to supply personnel, to enforce the rights enumerated in this Article on behalf of

the Unions and the Trustees. The parties to this Agreement acknowledge that the provisions of

this Agreement establishing rates of pay, wages, all hours of employment and other terms and

conditions of employment, including fringe benefits, apply to employees employed in job

classifications under this contract.

(J) National or State Health Insurance. In the event that health care reform enacted in 2010 under

Public Law 111-148 (the Patient Protection and Affordable Care Act) and Public Law 111-152

(the Health Care and Education Reconciliation Act of 2010), or any subsequent health care

reform enacted by Congress or by the legislature of a state in the jurisdiction of this Agreement,

affects the amount of necessary contributions to the North Central States Regional Council of

Carpenters Health Fund, this Agreement shall be open for the sole and exclusive purpose of

apportioning the amount of the then-current hourly contribution required by this Article among

North Central States Regional Council of Carpenters Health Fund, wages, and any payments

required under such health care reform legislation. The reapportionment shall be made in

accordance with agreement reached between the Trustees of said Fund and the negotiating

committees of the Associated General Contractors of Minnesota, Inc. and the North Central

States Regional Council of Carpenters.

(K) Pension Rehabilitation Plan. The actuary for the Twin City Carpenters and Joiners Pension

Fund (the Plan) has certified that the Plan, for the Plan year beginning January 1, 2010, is in

critical status as that term is defined in the Pension Protection Act of 2006. As a result of the

Plan being so certified, the Trustees of the Plan are required to adopt and the parties to this

Agreement are required to implement a Rehabilitation Plan. The Trustees have adopted a

Rehabilitation Plan, dated April 9, 2010, and have communicated it to the bargaining parties, by

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notice dated April 30, 2010. The Rehabilitation Plan is hereby incorporated into this Agreement

by this reference. The parties hereby implement the Rehabilitation Plan and authorize and direct

the Trustees to take any and all actions permitted or required by the Rehabilitation Plan or which

they find reasonable and appropriate in achieving the objectives of the Rehabilitation Plan.

(L) Designation of Fringe Benefit Funds: Benefit contribution rates will be paid by the employer to

the following funds in the appropriate areas. Home funding shall be allowed.

Wilson-McShane

3001 Metro Drive, Suite 500

Bloomington, MN 55420

952/854-0795

Duluth Building Trades Welfare Fund

314 W Superior St #750

Duluth, MN 55802

218/727-6668

Duluth Building Trades Vacation Fund


Duluth, MN 55802

218/727-6668

Wisconsin State Carpenters Pension Fund

P.O. Box 4002

Eau Claire, WI 54701

715/835-3274

North Central Carpenters

Supplemental Retirement Plan


Duluth MN 55802

218/727-6668

(M) Plan Mergers, Terminations, and Redirection of Contributions. The parties recognize the

need for a cohesive and uniform fringe benefits plan to the extent feasible and that contribution

amounts to said Trust Funds may need to be adjusted during the term of this Agreement in order

to facilitate a transition to a cohesive plan of benefits. Accordingly, upon notifying the

Employer and consistent with the applicable procedures in the governing Trust Agreements, the

Union may make changes in the contribution rates and, in conjunction with the appropriate Trust

Fund Trustees, may pursue merger, termination or freezing of said Trust Funds.

The parties to this Agreement recognize that the Carpenters and Joiners Welfare Fund

may, at some future date, take action to accept the Employer contributions for health benefits,

currently being contributed to the Duluth Building Trades Welfare Plan for worked performed

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under this agreement and predecessor agreements. The parties to this Agreement recognize that

the North Central States Regional Council of Carpenters Defined Contribution Plan may, at some

future date, take action to accept Employer contributions for defined contribution benefits,

currently being contributed to the North Central Carpenters Supplemental Retirement Plan for

work performed under this agreement and predecessor agreements. The parties to this

Agreement recognize that the North Central States Regional Council of Carpenters Vacation

Fund may, at some future date, take action to accept Employer contributions for vacation fund

benefits, currently being contributed to the Duluth Building Trades Vacation Fund for work

performed under this agreement and predecessor agreements.

Notwithstanding any language within this Agreement or predecessor agreements which

specifically relate to contributions made to the Duluth Building Trades Welfare Fund; the Union

may direct, in its sole discretion, that the Employer contributions for health and welfare benefits

shall be made to the Carpenters and Joiners Welfare Fund instead of the Duluth Building Trades

Welfare Fund. Notwithstanding any language within this Agreement or predecessor agreements

which specifically relate to contributions made to the North Central Carpenters Supplemental

Retirement Plan; the Union may direct, in its sole discretion, that the Employer contributions for

defined contribution benefits shall be made to the North Central States Regional Council of

Carpenters Defined Contribution Plan instead of the North Central Carpenters Supplemental

Retirement Plan. Notwithstanding any language within this Agreement or predecessor

agreements which specifically relate to contributions made to the Duluth Building Trades

Vacation Fund; the Union may direct, in its sole discretion, that the Employer contributions for

vacation fund benefits shall be made to the North Central States Regional Council of Carpenters

Vacation Fund instead of the Duluth Building Trades Vacation Fund.

In such event that the Union redirects contributions as described in this Section, the

newly designated Employer contributions for benefits shall be added to this Article, and the

Employer shall be notified of the new payment procedures and any adjustments to benefit fund

contributions or the Base Wage Rate resulting from the change. The Total Package to be paid to

employees, however, will not change during the term of this Agreement. All other provisions of

this Agreement relating generally to the administration, payment, and collection of contributions

to fringe benefit funds shall govern with regard to the designated funds.

Contributions to the Carpenters and Joiners Welfare Fund shall be remitted to Wilson

McShane Corporation, 3001 Metro Drive, Suite 500, Bloomington, MN 55420. Contributions

to the North Central States Regional Council of Carpenters Defined Contribution Plan and the

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North Central States Regional Council of Carpenters Vacation Fund shall be remitted to P.O.

Box 4002, Eau Claire, WI 54701.

ARTICLE 16 – SAFETY

(A) Accident and injury free operations shall be the goal of the Employers and Employees. To this

end the Employer and Employee will, to the best of their ability abide by, and live up to the

requirements of the State and Federal Construction Safety Codes and Regulations.

(B) To this end the Employer shall from time to time issue rules or notices to his employees

regarding on-the-job safety requirements. Any Employee violating such rules or notices may be

subject to disciplinary action. No Employee may be discharged for refusing to work under

unsafe conditions.

(C) The Labor User Contractor (LUC) Committee Joint Labor-Management Uniform Drug/Alcohol

Abuse program is incorporated herein by reference and is made a part of this collective

bargaining agreement. If a contractor needs to adopt changes to the LUC program to meet the

demands of a client, the union and contractor agree to make the necessary changes.

(D) The Employer may randomly drug and alcohol test within compliance of State and Federal

Statutes. All disputes under this section will be referred to Article 10 Settlement of Disputes.

ARTICLE 17 – LOCKOUTS, PICKETS AND STRIKES

(A) The Union and the Employer agree that there will be no strike, work stoppage, walkout or other

interference with the Employer’s business affairs by the Union or members thereof, and there

shall be no lockout during the life of this Agreement without first giving the Employer forty-

eight (48) hours notice, and sending the dispute through the procedures established in Article 10.

(B) The Employer shall not require any employee to go through a primary picket line or banner to

work. It shall not be a violation of this Agreement and it shall not be cause for discharge or

disciplinary action in the event an employee decides not to cross a primary picket line or banner.

(C) The Union agrees there shall be no cessation of work or any recognition of picket lines of any

Union, without first giving notice to the Employer.

(D) The Union will not honor any Jurisdictional Banner.

(E) Spread-work tactics, slow down, stand-by crews, forcing of overtime is condemned by both

parties.

ARTICLE 18 – SUBCONTRACTOR CLAUSE

(A) If an Employer subcontracts work to be performed at the job site, the Employer shall require the

Subcontractor to sign a Subcontract Agreement containing the following provisions:

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The Subcontractor agrees to comply with the provisions relating to Wages, Health & Welfare

and Premium Pay of the Current Collective Bargaining Agreement entered in between the

Millwright Contractors and Millwright Local #1348, of the United Brotherhood of Carpenters

and Joiners of America and the North Central States Regional Council of Carpenters, for the

duration of such prime Contractor or Employer’s project. This Agreement of the Subcontractor

to so comply shall apply:

1. Only to whose Collective Bargaining Agreements which cover classifications of work in

which the Subcontractor has Employees working on the projects; and

2. Only to work performed on the project.

(B) The Employer shall require the Subcontractor to sign a Subcontract Agreement containing the

foregoing provisions only:

1. With respect to work located in territorial area covered by the terms of the respective

Union Agreements; and

2. Where the Subcontractor does not represent to the Employer that he has an established

building trades collective bargaining relationship covering the affected classification of

work.

ARTICLE 19 – PAYDAY AND WAGE PAYMENTS

(A) Payday-Wages shall be due and payable weekly, and not more than seven (7) days held back.

(B) When the Employee is laid-off or discharged, the Employer shall make every reasonable effort to

pay at the time of lay-off or discharge. If this is not feasible, a paycheck shall be mailed not later

than one (1) working day after lay-off or discharge for the amount due.

(C) When an Employee voluntarily quits, the Employer shall mail a paycheck on the next regular

scheduled payday.

(D) Check Stubs: The Employer agrees to provide the following information on Employees check

stubs: Straight time hours worked; Overtime hours worked; Other deductions and Employer’s

firm name.

(E) The employee shall be given two (2) hours notice prior to lay-off, whenever possible.

(F) When an employee has executed an authorization, the employee may direct deposit payroll

checks to an account designated by the employee.

ARTICLE 20 – SAVING CLAUSE

This Agreement is intended to be in conformity with all applicable and valid State and Federal Laws,

Rules, and Regulations. Any conflict between the provisions of this Agreement and the terms of any

such laws and regulations shall cause the provisions of this Agreement so in conflict to be superseded or

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annulled but shall not supersede or annul the terms and provisions of this Agreement which are not so in

conflict.

ARTICLE 21 – DURATION

(A) This Agreement covers the entire understanding between the parties hereto.

(B) All terms of this Agreement, except cost items, shall take effect on settlement. Cost items are

effective on the date when Employees return to work.

(C) This Agreement shall be in full force and effect through April 30, 2015

(D) Any party has the right to terminate or amend this Agreement by giving notice to the other party

sixty (60) days before the expiration of this Agreement. Failure to give such notice shall cause

this Agreement to be renewed automatically for a period of twelve (12) months.

(E) In the event such written notice is given and a new Agreement is not signed before the expiration

of this Agreement, then this Agreement shall continue in force until a new Agreement is signed,

negotiations are formally broken off, or until a strike or lockout occurs.

(F) It is further agreed that any part of the wage rate may be allocated to increase contributions to the

Health, Defined Benefit (D.B.) Pension, Defined Contribution (D.C.) Pension, or Apprenticeship

and Training Funds, or to increase Working Dues Deduction or Vacation Fund Deductions.

ARTICLE 22 – HOURS OF WORK, SATURDAY AND SUNDAY SHIFTS

(A) Regular working hours are to be between 8:00 a.m. and 4:30 p.m. If mutually agreed between

Employer and Employee, working hours may be adjusted up to one (1) hour earlier to promote

job efficiency. The Union shall be notified of such adjustment in starting time by the Steward

and such adjusted starting time shall be scheduled for at least three (3) consecutive working days

in order to operate without overtime pay.

(B) One and one-half (1 ½) times the regular rate of pay shall be paid for any and all work in excess

of eight (8) hours on any regular work day and for all work in excess of forty (40) hours in a

regular work week, and for the first ten (10) hours of work performed on Saturday. All hours

worked in excess of ten (10) hours in any regular workday and after ten (10) on Saturday, shall

be paid two (2) times the regular rate of pay. There shall be no pyramiding of overtime.

(C) All work performed on Sunday or the following holidays: New Years Day, Memorial Day,

Independence Day, Labor Day, Thanksgiving Day and Christmas Day, shall be paid for at the

rate of two (2) times the regular rate of pay. When any of the holidays to be observed falls on

Saturday, then the proceeding Friday shall be observed as such. If it falls on Sunday, then the

following Monday shall be celebrated as such by employees covered by this agreement. It is

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understood however, that Mondays set as such holidays by the Federal Government, shall be

observed as such.

(D) When shifts are worked, eight (8) hours of continuous employment shall constitute the first shift.

Seven (7) hours shall constitute the second shift and seven (7) hours shall constitute the third

shift. All Employees who work the second and third shift shall receive eight (8) hours pay. No

shift shall be worked for less than five (5) days without paying premium pay for all hours

worked on second and third shifts.

(E) Employees shall receive full-time pay for all the time spent in the service of the Employer.

There shall be no split shifts.

(F) An Employee shall be entitled to one (1) week vacation without pay after he gives the Employer

two (2) weeks written notice.

ARTICLE 23 – CALL IN PAY

(A) When an Employee is called to work, he shall receive two (2) hours pay if not put to work, but

he must remain on the job site in order to receive this two (2) hours pay.

(B) If an Employee is called to work and is put to work, he shall receive a minimum of four (4) hours

pay, but he must remain on the job site.

(C) These provisions however, are not to be effective when work is unable to proceed because: (1)

Railroads or Common Carriers fail to make deliveries as scheduled, (2) The Owner, Engineer or

Architect refuses to permit work, and (3) Acts of God, including weather conditions, will not

permit work.

ARTICLE 24 – STEWARD

(A) It shall be the right of the North Central States Regional Council of Carpenters to have a steward

on every job where members are employed. The North Central States Regional Council of

Carpenters shall immediately notify the Contractor in writing of the identity of the steward as

soon as his identity is determined.

(B) The steward shall not interfere with normal construction operation while carrying out the duties

as steward. The steward shall have the first chance to work any overtime on his crew if qualified

to perform the work

(C) The Contractor may lay off the steward because of work shortage within the company, at such

time the North Central States Regional Council of Carpenters may appoint a replacement

steward from among the remaining members on the jobsite. No steward shall be laid-off or

discharged without forty-eight (48) hours notice to the Regional Council and the steward.

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ARTICLE 25– CONDITIONS OF EMPLOYMENT

(A) No Employee shall be required, as a condition of employment to furnish his own truck.

(B) The Employer shall provide sanitary toilet facilities on the job site or make arrangements for

such in a nearby building which has these facilities.

(C) The Employee shall be entitled to a meal break of thirty (30) consecutive minutes in each regular

workday. If an Employee is required to work five (5) consecutive hours without a meal break,

he shall be compensated for the thirty (30) minutes so worked at the applicable rate of pay. This

is not to be construed to deny any Employee time to eat his meal. In addition to the above break,

the Employee shall be entitled to a break in the forenoon and afternoon but shall not otherwise

hinder the progress of the job. The forenoon and the afternoon break shall not exceed ten (10)

minutes each from the time the Employee stops working until he resumes work, and shall be

taken in close proximity to the Employee’s work station. On shift work this schedule shall also

apply. On jobs scheduled ten (10) hours or more, there will be a ten (10) minute break after eight

(8) hours

ARTICLE 26– TOOLS

The Contractor shall provide a proper tool shed for the Millwrights to store their tools. A place shall be

provided with sufficient quarters to keep their lunch and eat in, this place to be adequately heated in cold

weather. While tools are in the care, custody, and control of the Employer, the Employer shall

indemnify each Employee for tool losses caused by, fire, wind, and burglary by forcible entry up to a

maximum of $2000.00 provided that the Employee has submitted a detailed inventory of such tools prior

to the time of loss. The foregoing shall not be construed to prohibit the Employer from indemnifying an

Employee for a loss in excess of $2000.00 in the event the Employer has specifically requested the

Employee to supply such tools and the Employer is satisfied that the value of the tools exceeds

$2000.00. However, indemnification in excess of $2000.00 is within the discretion of the Employer.

The Contractor shall furnish all power tools.

ARTICLE 27– FOREMAN

When four or more Millwrights are employed on any one job, one of the journeymen shall be designated

as foreman. When there is an employee designated as a Foreman, he shall be a working foreman until

the fifth (5) Millwright is employed. The crew size under the direction of any one foreman shall be any

number of workers required to safely perform the work and may be increased or decreased at the

discretion of the Employer. The Employer recognizes that there are limitations as to the number of

workers the foreman can efficiently supervise and still work with his tools.

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When Millwrights are working at multiple sites in the same complex for the same customer, it is not

necessary to have a foreman for each site. A Millwright crew will consist of 10 Millwrights and a

foreman. A General Foreman shall be designated for every 4 crews of Millwrights.

Foreman rate: $2.25 over Journeyman scale

General Foreman rate: $1.75 over Foreman rate

ARTICLE 28 – SUBSISTENCE

(1) Subsistence pay shall be paid to the Employees at the rate of $30.00 for each working day on the

job, on jobs located more than 40 miles from the nearest point of the city limits of Virginia or

Duluth.

(2) Provided, that on jobs located outside of the 40 mile perimeter, subsistence shall not be paid to

any Employee living within 40 miles of the job site.

(3) Provided, further, that where Employees are eligible to receive subsistence under (1) and (2)

above are required to report to work, but are unable to work because of inclement weather or

other conditions beyond the control of the Employer, the Employee shall nevertheless receive

subsistence pay for that day.

(4) Provided, further, that when a holiday falls on a Tuesday, Wednesday, or Thursday, the

Employee is eligible to receive subsistence pay under (1) and (2) above shall receive subsistence

pay for that day.

(5) Provided, further, that mileage is determined by the distance traveled on the most direct route by

road.

(6) Home of record is defined as the Employee’s permanent domicile as recorded on official Union

records, subject to verification by the Union. It is the Employees responsibility to establish his

home of record to the satisfaction of the Employer.

ARTICLE 29 – WAGES

Taxable Wkg MW

Effective Date Gross Dues Vac Pension Annuity H & W Training Fund Total

May 1, 2010 $29.20 3% $2.56 $5.00 $1.50 $6.50 $.40 $42.60

July 25, 2011 $30.05 3% $2.56 $5.00 $1.50 $6.60 $.40 $.05 $43.60

May 1, 2012 $.70 increase to be allocated



** Note: The Taxable wage that is in the above article is the rate that is subject to the overtime rates,

DO NOT SUBTRACT THE VACATION AMOUNTS BEFORE WORKING DUES ARE

CALCULATED.

** Note: Working dues are deducted from the Total Taxable wage rate; and is not an additional

employer contribution and is subject to FICA and income tax withholding.

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Example: Hours worked x taxable wage = total gross x 3% = working dues to be deducted after

tax withholding.

** Note: Vacation is deducted from the Total Taxable wage rate; and is not an additional employer

contribution and is subject to FICA and income tax withholding.

Example: Vacation amount x Hours = vacation deduction after tax withholding

Mail contributions to:

PENSION FUND, WORKING DUES & MILLWRIGHT FUND

North Central States Regional Council of Carpenters Benefit Funds

P.O. Box 4002, Eau Claire WI 54702

NORTH CENTRAL CARPENTERS

SUPPLEMENTAL RETIREMENT PLAN,

HEALTH FUND,

VACATION & TRAINING FUND

Zenith Administrators, Inc.

750 Torrey Bldg

314 W Superior St.

Duluth, MN 55802

ARTICLE 30 – WORK PRESERVATION

The parties acknowledge that due to market conditions within the “Construction Market”, wage

reductions may be necessary to enable the Contractor and the Union to obtain work. Such reductions are

available upon mutual agreement between labor and management. If the Union agrees to such

reductions, they shall be made available to all signatory contractors bidding or negotiating the project. It

is the Union’s sole discretion to determine whether wage reductions are put into effect.

ARTICLE 31 – MILLWRIGHT FUND

UBC Millwrights Labor-Management Industry Promotion Fund - In addition to any contributions otherwise

called for herein, the parties agree that the Employer shall make a contribution of five ($.05) per hour

worked for each millwright employee covered by this agreement to the UBC Millwrights Labor-

Management Industry Promotion Fund ("Millwright Fund"). Payment shall be made to the Millwright Fund or

to such collection agent as is designated by the Millwright Fund on or before the 20th day of the month

following the month of the work performed. The Employer hereby agrees to be bound by the Agreement and

Declaration of Trust for the Millwright Fund as it exists and as it may be amended restated, and to such rules,

regulations or other governing documents adopted pursuant to such Trust.

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JURISDICTION MAP

MILLWRIGHTS LU # 1348

22


MILLWRIGHT AGREEMENT

ACCEPTANCE OF AGREEMENT

Date _____________________

The Undersigned Employer hereby agrees to abide by the terms and conditions of the Agreement

between the North Central States Regional Council of Carpenters, Local #1348 Area and the

______________________ on all work covered by this Agreement. This Agreement is to expire April

30, 2015.

Receipt of a copy of the North Central States Regional Council of Carpenters, Local #1348 Area

Agreement is hereby acknowledged.

______________________________ _________________________________

EMPLOYERS SIGNATURE PRINT EMPLOYER NAME

______________________________ _________________________________

COMPANY FEDERAL ID NUMBER

______________________________ _________________________________

ADDRESS BONDING COMPANY

______________________________ _________________________________

CITY STATE ZIP WORK COMP INSURANCE CARRIER

______________________________ _________________________________

PHONE NUMBER FAX NUMBER

ACCEPTED BY NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS

___________________________________ MILLWRIGHT LOCAL #1348

FIELD AGENT 307 1ST

STREET NORTH

VIRGINIA, MN 55792

(218) 741-6314


700 OLIVE STREET

ST. PAUL, MN 55130

(651) 646-7207

PLEASE SIGN AND KEEP THIS PAGE

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MILLWRIGHT AGREEMENT

ACCEPTANCE OF AGREEMENT

Date ______________________

The Undersigned Employer hereby agrees to abide by the terms and conditions of the Agreement

between the North Central States Regional Council of Carpenters, Local #1348 Area and the

______________________ on all work covered by this Agreement. This Agreement is to expire April

30, 2015.

Receipt of a copy of the North Central States Regional Council of Carpenters, Local #1348 Area

Agreement is hereby acknowledged.

______________________________ _________________________________

EMPLOYERS SIGNATURE PRINT EMPLOYER NAME

______________________________ _________________________________

COMPANY FEDERAL ID NUMBER

______________________________ _________________________________

ADDRESS BONDING COMPANY

______________________________ _________________________________

CITY STATE ZIP WORK COMP INSURANCE CARRIER

______________________________ _________________________________

PHONE NUMBER FAX NUMBER

ACCEPTED BY NORTH CENTRAL STATES REGIONAL COUNCIL OF CARPENTERS

___________________________________ MILLWRIGHT LOCAL #1348

FIELD AGENT 307 1ST

STREET NORTH

VIRGINIA, MN 55792

(218) 741-6314


700 OLIVE STREET

ST. PAUL, MN 55130

(651) 646-7207

PLEASE SIGN AND RETURN THIS PAGE