Transcript Document

Labor Relations Conference
March 7, 2012
New Orleans, Louisiana
At a Glance
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The NMAPC is an incorporated, joint labor-management committee that
negotiates, interprets and administers the NMAs
The National Maintenance Agreements are 14 different collective bargaining
agreements that are 99.9% similar
The NMAs are used by 14 International Unions and more than 2,000 contractors
throughout the United States
A Tripartite Approach to Success
Total NMAPC Work Hours
Total NMAPC Work Hours by Craft
Sheet Metal
Workers
2.80%
Teamsters
1.30%
UA
19.10%
Roofers
0.60%
Boilermakers
14.50%
Bricklayers
1.50%
Carpenters
13.60%
Painters
2.30%
IBEW
9.60%
Plasterers
0.50%
Operating
Engineers
6.30%
Laborers
11.90%
Iron Workers
12.50%
Insulators
3.50%
NMAPC Work Hours by Craft
2006 - 2010
Total NMAPC Work Hours by Industry
Wood & Paper
5%
Automotive
17%
Chemical
8%
Utility
26%
Food &
Pharmacy
1%
Steel
24%
Miscellaneous
7%
Petroleum
12%
NMAPC Work Hours by Industry
2006 - 2010
IBEW Specific NMA Facts
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332 Contractors Signatory to the I.B.E.W.
NMA (2012)
2,962 Projects Reported I.B.E.W. Work
Hours in 2011
7.1 Million Work Hours reported in 2011
2011 Formally Approved Work Scopes
Under NMAPC Program
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54 Formally Approved Scopes of Work in 2011
Clients: Alcoa, Alliant Energy, American Electric Power,
Anheuser-Busch, Chrysler, Enbridge Energy, Ford, General
Motors, Inergy, Metro St. Louis, Murphy Oil, National Nuclear
Security Administration, NIPSCO, Pro-Tec Coatings, PSEG,
U.S. Steel, VAM USA, Vineland Municipal Electric
Total Construction Budget - $8,776,941,972
NMA Revisions Summary
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First National Maintenance Agreements were
signed in 1971.
In 1996 the National Maintenance Agreements
underwent significant revisions.
On June 17, 2011 the National Maintenance
Agreements Policy Committee approved the most
recent revisions to the Agreements - Effective
January 1, 2012.
Article I - Recognition
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Requirement to provide “written craft work
assignments” within 10 days of holding pre-job
conferences.
Potential $500 fine for failure to hold pre-job
conferences.
Jurisdictional dispute resolution process language
changed.
Cost of arbitration shall be the responsibility of the
losing party/parties.
Pre-Job Conference Form
The Employer is required to conduct a pre-job conference, including craft work assignments, for each project performed under the National
Maintenance Agreements (NMA). Written craft work assignments will be distributed to the appropriate Unions, not to exceed ten (10) working
days after the pre-job conference. Pre-job conferences may be performed via teleconference. It is the responsibility of the Employer to notify
the appropriate Building Trades Council having jurisdiction, as well as all International Unions, of the time and place of the pre-job conference.
A pre-job conference outline can be obtained from the NMAPC office and/or any participating International Union. Failure to comply with this
Section is a violation of this Agreement. All signatory Unions and signatory Contractors stipulate that failure to hold a pre-job conference is a
grievable offense and shall result in a $500 penalty, payable to a designated NMAPC Fund.
__________________________________________________________________________________________________________________
This form has been developed to assist with the dissemination of information between contractors and crafts during pre-job conferences as
required by the National Maintenance Agreements. Please complete this form during your pre-job conference and distribute to all parties.
__________________________________________________________________________________________________________________
Date of Pre-Job Conference: ____________ Site Extension No. ____________________
Location of Pre-Job Conference: _____________________________________________
Project Name: ____________________________________________________________
Project Address: ____________________
Local BCT: _____________________
____________________
Start Date: ______________________
____________________
End Date: ______________________
Contractor Information
Contractor Name: ___________________
Ph: ____________________________
Address: __________________________
Fx: ____________________________
__________________________
E-Mail: _________________________
Point of Contact: ____________________
Alternate: _______________________
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Signature of Contractor Representative
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Date
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Signature of Building Trades Representative
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Date
Article II – Union Security
Previous NMA
Revised NMA
30-day union membership 8-day union membership
requirement
requirement
Article V – Subcontracting (Definitions)
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Definitions deleted
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Article V now titled: Subcontracting
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Subcontracting to be performed under the NMA’s, or
approved “Compatible Agreement.” – See Bulletin No.
V-1
Grievances may be filed by a Signatory Union for
failure to abide by Subcontracting requirement, which
may result in the award of monetary damages.
Article IX – Benefits and
Other Monetary Funds
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Industry Advancement or Promotion Funds
approved by the NMAPC must be paid – See NMAPC
Bulletin No. IX-6
Employers delinquent with benefit fund
contributions will not be allowed to file Site
Extension Requests with ANY Craft.
Article XIV – Travel and Subsistence
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Employers not required to pay travel and
subsistence
Elimination of “Me Too” proviso
Article XV – Work Hours Per Day
Previous NMA – Three shifts
1st Shift: 8 hours work = 8 hours pay
2nd Shift: 7.5 hours work = 8 hours pay + $0.25 shift additive
3rd Shift: 7 hours work = 8 hours pay + $0.50 shift additive
Revised NMA – Three shifts
1st Shift: 8 hours work = 8 hours pay
2nd Shift: 8 hours work = 8 hours pay + $2.00 shift additive
3rd Shift: 8 hours work = 8 hours pay + $2.25 shift additive
Article XV – Work Hours Per Day (cont’d)
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Ability to implement four (4) day ten (10) hour,
and two (2) shift – four (4) day ten (10) hour
flexible work schedule(s) with Friday as a nonpremium make-up day.
Second (2nd) Shift on a two (2) shift – four (4)
day ten (10) hour flexible work schedule; ten (10)
hours work for ten (10) hours pay, plus a $2.00
per hour shift additive.
Article XXII – Lockout and Work Stoppage Fine Schedules
Previous NMA
Non-Yellow
Card
Yellow Card
Project
Yellow Card
Site
First Shift
$10,000
$10,000
$10,000
Shift(s)
Thereafter
$10,000
$20,000
$40,000
Revised NMA
Non-Yellow
Card
Yellow Card
Project
Yellow Card
Site
First Shift
$10,000
$10,000
$15,000
Shift(s)
Thereafter
$10,000
$20,000
$50,000
“Yellow Card”
SUGGESTED LANGUAGE FOR INCLUSION IN "CONDITIONS TO BID," DOCUMENTS BY
CUSTOMERS DESIROUS OF HAVING INDUSTRIAL CONSTRUCTION, MAINTENANCE,
REPAIR, REPLACEMENT, RENOVATION, AND MODERNIZATION WORK PERFORMED
UNDER THE TERMS OF THE NATIONAL MAINTENANCE AGREEMENTS
The below (above) described work shall be performed under the terms of the National
Maintenance Agreements (NMA) and/or under similar national agreements deemed
compatible by the National Maintenance Agreements Policy Committee, Inc. (NMAPC).
(See NMAPC Bulletin No. V-1)
Contractors bidding the below (above) described work shall have applied for said
Agreements and must be in possession of them with permission for their use by the
affected International Union(s), through approved site extension requests prior to
commencing work. Contractors not direct-hiring craftworkers, but acting as agents of the
Owner are required to execute an NMAPC Construction Manager Letter of Understanding
prior to awarding work to any subcontractor(s). Contractors are required to furnish a copy
of site extension approval(s) granted by the International Union(s) prior to commencing
work. Site extension requests may be filed online at www.nmapc.org.
Successful Contractors must conduct Pre-job Conferences as stipulated in Article I Recognition, and assign work to the appropriate Crafts according to the recognized and
traditional jurisdiction.
This company's participation in the NMAPC Program is predicated on the principles
espoused by the National Maintenance Agreements Policy Committee, Inc., which include
economy, efficiency, and harmonious labor relations. Failure to man the work by any Craft
shall be at the risk of losing future work at this plant facility.
Article XXVII – Administrative Procedure
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Reinforces that Employers must file site extension
request(s) for each location.
Emphasizes NMAPC Book of Decisions are a part
of the NMA
Further clarifies and reinforces that NMA’s are
stand-alone agreements.
Zero Injury Safety Awards - ZISA
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12.7 Million Zero Injury Hours Recognized in 2010
More Than 110 Million Total Zero Injury Hours
Recognized Under ZISA Since 2000
2012 ZISA Awards Gala
Thursday, October 25, 2012
Washington, D.C.
Resources – www.NMAPC.org
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Newly revamped
Practical Uses:
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Become Signatory
File Site Extension Requests
Termination of Agreements
File Quarterly Work Hours
Reports
Location to find NMAPC
documents and instructions
User friendly
Owners have ability to track
contractors
Resources (cont’d)
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Revised and is effective
January 1, 2012
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Compilation of interpretations
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Living document
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Key-word searchable
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Available online – (Free)
The Association of Union Constructors
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The Association of Union Constructors (TAUC) “The Voice for
Union Construction”
Originally founded in 1969 as the National Erectors
Association (NEA), in 2007 the Association changed its name
to TAUC as the need for a single National Organization
representing Multi-Trade Union Contractors became apparent.
2012 TAUC Membership
• 55 Governing Members
• 2140 Regular Members
• 21 LEO Members
• 4 Affiliate Members
TAUC
Labor Relations – Maintains strong relationships with fourteen
International Unions.
Safety & Health – Invaluable resource for timely safety and health
information.
Government Affairs – Representation at the National level on Federal
regulation impacting the Union Construction Industry. (FASB, Sunset of
PPA, 3% Withholding, Worker Misclassification, etc.)
Education – Annual Leadership Conferences and State of the Union
Construction Industry Conferences.
Business Development – Network, forge relationships, develop
strategic alliances, participation in TAUC Committees; Labor
(contractors), Local Employer Organizations (contractor associations),
Safety & Health (safety professionals), etc.