Transcript Agreement Language - National Electrical Contractors

Negotiating in the NECA World
Standard and other common labor
agreement provisions and
requirements in our industry
Most Union Construction Trades
have their own set of “rules”
 NECA
“Category I & II”
 SMACNA “Standard Form of Union
Agreement”
 MCAA “Model Agreement”
What is Standard Language?
 Standard
 Category
Agreement Guide Contains:
I (Mandatory and verbatim)
 Category II (Not mandatory, but
verbatim)
 Recommended/Optional (Not
mandatory, some verbatim)
 Common Provisions
Where can you find it?
 Posted
on the NECA web site.
 Updated
at least yearly or if new
language is agreed to by NECA.
Standard Agreement Guide
in RED is Category I
 Language in BLUE is Category II
 Language in PURPLE is
Recommended or Optional
 Language in BLACK is Common
Provisions covering a range of issues
 Language
Category I

By joint recommendation and in written
agreement, all Construction Agreements
between IBEW Local Unions and NECA
Chapters must contain all Category I
Language verbatim, i.e., no deviations or
changes to these clauses are permitted.
There are also several places where
Alternate Language is provided.
This
Alternate Language is to be used in lieu of,
and not in conjunction with, Standard
Language. There are currently 21 provisions.
Category I (cont’d)
 First
Clause
 CIR Language (Standard or Modified)
 Managements Rights
 Non-resident Employee (Portability)
 Favored Nations
 Annulment/Subcontracting
Category I (cont’d)
 Classifications/Wages
 Apprenticeship
(6 or 10 Periods)
 Shift Clause (Standard or 3 Alternates)
 Referral
 Repeated Discharge
 National Electrical Benefit Fund
Category I (cont’d)
 National
Electrical Industry Fund
 National Labor Management
Cooperation Committee
 Local LMCC
 Substance Abuse (Enabling Language)
 Code of Excellence (Enabling
Language)
 Separability
Category I Standard or Modified
CIR Notification Requirements
 Section
1.02(a): “Either party… desiring
to change or terminate this agreement
must provide written notification at least
90 days prior to the expiration date…”
 Section 1.02(b): “…the nature of the
changes desired must be specified in
the notice, or no later than the first
negotiating meeting…”
Proper Notification and
Timeliness
“…written notification at least 90 days prior
to the expiration date…”
 “…the nature of the changes desired must
be specified in the notice, or no later than
the first negotiating meeting…” (LU 637 v. D.
H. Elliot Co.)
 “Written Notification” (fax, e-mail or letter?)
 Local History, Agreement, Practice, Proof (be
conservative)?

Category I Standard CIR
Notification Requirements
Section 1.02(d): “Unresolved issues… that
remain on the 20th of the month preceding
the next regular meeting of the Council…
may be submitted…”
 Council Policy IV: “…submission forms, 22
copies of the current approved agreement…
and (if filed) 22 copies of the briefs must be
postmarked on or before the first day of
the month in which the hearing is
scheduled… “

Category I Modified CIR
Notification Requirements
Section 1.02(d): “…either party… may serve
the other a ten day written notice
terminating this agreement.”
 Section 1.02(e): “By mutual agreement
only… (the parties) may… submit the
unresolved issues to the Council… “ (If this
provision is utilized, you must follow the
“Standard CIR” submission requirements and
agree to put the language in your
agreement.)

Category II
 Provisions
which the IBEW International
Office recommends but which National
NECA has not endorsed.
These
provisions need to be negotiated locally.
If adopted, this language must be
inserted verbatim into the collective
bargaining agreement.
Category II (cont’d)
 Work
Preservation
 Age Ratio
 Union Dues Deduction
 Re-registration (Referral)
 Reverse Layoff
 Safety/Employer Responsibility
Recommended/Optional
 Language
that is acceptable to the
IBEW International and NECA National,
is approvable, and may be included in
the agreement if the local parties agree.
In some cases, language other than the
particular language illustrated may be
used; however, the CW/CE Addendum
and the NEAP language must be used
verbatim.
Recommended/Optional
Alternatives Allowed
 Foreman
Call-By-Name
 Four-Tens
 Direct Deposit
 Journeyman Recall* (currently in
discussions with the IO)
Recommended/Optional
Verbatim
 National
Electrical Annuity Plan
 CW/CE Addendum
Common Provisions
 Common
provisions are listed for
consideration by the local parties. They
must be locally negotiated and agreed
upon or modified as determined by the
local parties.
Common Provisions (cont’d)
 All
the stuff in BLACK is there as a
suggestion.
 You
can put it in, leave it out, or change
it.
 It
is subject to normal approval if
changed.
Common Provisions, what does this
include?
 Starting
and Quitting Time
 Work Hours
 Workday/Workweek
 Payday and Waiting Time
 Wage Rates
 Fringe Benefits (Hours Worked or Paid)
 Premium Time
Common Provisions, what does this
include? (con’t)
 Overtime
 Holidays
 Foremen/Crew
Ratios
 Apprentice Ratios
 Show-Up Pay
 Travel pay
 Per Diem
Common Provisions, what does this
include? (con’t)
 Continuing
Education
 Bonding
 Tool
List
 Cope
 Vacation
 Administrative Maintenance Funds
 Safety Language
Common Provisions, what does this
include? (con’t)
 Stewards
 Joint
Venture
 Union Recognition
 Union Right to Discipline Members
 Union Job Access
 Union Security
 Picket Language
Common Provisions, what does this
include? (con’t)
 Workers
Compensation Insurance
 Default on Required Payments
 Supplemental Unemployment
 Fringe Benefit Remedies
 Sunset Provisions
 AND ETC. ( Remember, it is easier to
get them in than to get them out)
Know The Rules Of The Game
What are the legal parameters (Mandatory
and non-mandatory subjects, unfair labor
practices, good faith bargaining)?
 What are the agreement requirements
(Notification, timeliness, specified actions)?
 What are the industry requirements
(Category I & II, optional, verbatim and
common languages)?
