Transcript PowerPoint - ACW Alliance

National Maintenance Agreements
ACW Alliance
Barnes-Jewish Hospital
April 8, 2014
NMA Evolution
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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; January
1, 2012
At a Glance
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The NMAPC is an incorporated, joint labor-management committee that negotiates,
interprets and administers the National Maintenance Agreements (NMAs)
The NMAs are 14 individual collective bargaining agreements that are 99.9% similar
The NMAs are used by 14 International Unions and more than 2,100 contractors/employers
throughout the United States
A Tripartite Approach to Success
Modes of NMA Utilization
• Yellow Card Site
• Yellow Card Project
• Traditional NMA
Total NMAPC Work Hours
90
80
70
Millions
60
50
40
30
20
10
0
Article I - Recognition
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All Employers are required to conduct Pre-Job Conferences
before commencing with work (See Policy Decision I-3)
Employers are required to assign work to the appropriate
craft(s)
Under the NMAPC Program there should be NO Vertical
Agreements (See Policy Decision I-4)
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: _______________________
___________________________________
Signature of Contractor Representative
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Date
___________________________________
Signature of Building Trades Representative
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Date
Article IV – Scope of Work
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In-house employees will not be assigned to work directly with
NMA Crafts (See Policy Decision IV-2)
NMAPC Policy Decision IV-3 outlines steps that should be taken
when the need for a specialty contractor arises
Article V – Subcontracting
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All subcontracting of work at any tier must be performed
under the NMAs or an agreement approved as
compatible by the NMAPC (See Policy Decision V-1)
All subcontractors must be signatory to the NMA as well
as possess an approved Site Extension Request (SER) from
the Union(s) that they are employing
Article VI – Grievances
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Employers and Unions may file grievances under the NMAPC
Program for alleged violations of the NMAs
The NMAPC Grievance process is a five (5) step process commencing
at the local level before being escalated to the NMAPC Grievance
Review Subcommittee (GRS) (Contractors and Unions may obtain a
detailed NMAPC Grievance Procedure from the NMAPC website;
www.nmapc.org)
Article VII – Union Representation
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Stewards are required to be qualified craftspersons (No NonWorking Stewards under the NMAs)
Stewards are appointed by the local union
Stewards are to be the last person to be laid-off, provided that
they are capable of performing the remaining work (See Policy
Decision VII-1)
All craft representatives shall have reasonable access to NMA
job sites (See Policy Decision VII-2)
Article VIII – Wages
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Wage Rates paid under the NMAs are those found in the
applicable Craft’s local collective bargaining agreement for the
area where the work is to take place
The NMAPC Wage Appeals Subcommittee reviews and issues
determinations for matters related to wage rates (See Policy
Decision VI-2)
Article IX – Benefits and
Other Monetary Funds
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Fringe Benefits paid under the NMAs are those found in the applicable
Craft’s local collective bargaining agreement for the area where the work is
to take place
Industry Advancement Funds or Promotion Funds (local employer
organization fees) are discretionary unless formally approved by the
NMAPC (See Policy Decision IX-6)
Article XI – Holidays
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7 Uniform Holidays
New Year’s Day
Memorial Day
Labor Day
Christmas Day
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Presidents’ Day (Federal) *
Independence Day
Thanksgiving Day
Presidents’ Day may be considered as a floating Holiday and celebrated on
an alternate day if requested by the local building trades council and
approved by the NMAPC
Holidays that fall on a Saturday are observed on the previous Friday
Holidays that fall on Sunday are observed on the following Monday
Article XII – Minimum Pay /
Reporting Time and Call-Ins
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Employees that report to work on-time are to receive a minimum of two
(2) hours pay, or actual time worked
If on a premium day (i.e. Saturday/Sunday or Holiday) then the
appropriate premium time rate will apply to the minimum pay (See Policy
Decision XII-1)
Call-In: Employee is notified to report to work before or after their regular
shift (i.e. day-off, Holiday) and receives premium time for all hours worked
Employees that report to work on a Call-In are to receive a minimum of
four (4) hours pay or actual time worked
Article XIII – Supervision
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Supervision refers to the craft supervision (i.e. foreman and/or
general foreman)
Top hourly craft supervisor(s) is guaranteed forty (40) hours
straight time per week (See Policy Decision XIII-1)
Article XV – Work Hours Per Day
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
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The NMAs operate on a twenty-four (24) hour clock (See Policy Decision
XV-6)
Change in starting and quitting times of an established shift requires
mutual consent of the Employer and the Union
All time worked before or after the established shift is premium time
Article XV – Work Hours Per Day (cont’d)
NMA – Four-Tens (4/10s)
1st Shift: 10 hours work = 10 hours pay
2nd Shift: 10 hours work = 10 hours pay + $2.00 shift additive
All ten (10) hours are at the straight-time rate
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Friday is an optional make-up day, employees must inform
their Employer on Thursday if they will not work the make-up
day and shall NOT be penalized
4-10’s Q & A (See Policy Decision No. XV-20)
Article XVI – Transportation
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Employers must provide transportation to employees when
the distance from the gate to the job is ½ mile or more oneway
Employees are to be transported back to the point where they
were picked up no later than ten (10) minutes following the
end of their shift
Article XVII – Safety
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Employees are required to follow all Owner and Employer
safety rules
Drug and alcohol “substance abuse” testing may be
performed under the NMA, including; pre-employment,
reasonable suspicion, post-accident, and random
Employers shall submit their substance abuse programs
to the NMAPC for review and distribution to Unions prior
to implementation
Article XVIII – Apprentices
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Employers are required to use existing apprentice ratios,
however can use higher apprentice to journeyman ratios when
agreed upon by the Union and the Employer
Article XIX – Hiring & Transfer of Craft Workers
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Employers are required to follow the hiring procedures of the
applicable craft that exists in the area where the work is to be
performed
The Employer has the right to determine the competency of all
employees
Article XX – General Savings Clause
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Simply states that if any provision or provisions in the NMAs
are in violation with any Federal, State or Local law /
regulation, then only that provision(s) will be suspended for
the work in question
Article XXI – Crew Size
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The crew size shall be any number of employees and
supervision required to safely perform the work
The Employer shall increase or decrease the crew at its
discretion
Article XXII – Lockout and Work Stoppage
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All Lockouts and Work Stoppages are prohibited under the NMAs
Only Employers or International Unions can submit Lockout or Work
Stoppage notices under the NMAPC Program (See Lockout / Work Stoppage
Procedure)
Any fines / penalties imposed by the arbitrator will be the result of a
formal hearing
NMA – Penalties for Lockouts & Work Stoppages
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
Article XXIII – Management Clause
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Employer Rights:
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Plan, Direct, and Control their work;
Hire and assign tasks to their employees and supervision;
Refuse any applicant;
Discharge, Suspend, Demote or Discipline for cause;
Layoff employees due to lack of work or for other legitimate
reasons.
Employers cannot use this Article to discriminate against
any employee
Article XXIV – Partnering
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The NMAPC Program encourages the implementation of local tripartite
committees to establish ongoing lines of communication.
– Owner
– Employers
– Crafts (local building trades council)
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Monthly or Quarterly meetings to discuss:
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Job activities (i.e. performance, productivity, and quality);
Safety;
Manpower needs;
Issues or Concerns related to the jobsite / project
The NMAPC Administrative Office can assist in the initial
establishment process
Article XXV – Welding Certification
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Unions and Employers can agree to arrange the pretesting of
welders at a mutually agreeable time and place to perform
welding tests prior to offering employment
Employees that successfully complete welding test are to be
compensated for the time it took to complete the weld test,
not to exceed 4 hours, and provided they remain on the job
for 5 days or duration thereof
Article XXVI – Reporting Requirements
Administrative Fees
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Requires Employers to report work hours performed under the
NMAPC Program on a quarterly basis, for each craft, at each
location
Administrative Fees $800 annually, per Employer, per craft
Administrative Fees are invoiced during December of each
year and must be remitted by end of January
Article XXVII – Administrative Procedure
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Reinforces that Employers must file site extension request(s) (SER) for
each location
Owners are encouraged to regularly review SER activity at their sites
to ensure Employer compliance
Emphasizes NMAPC Book of Decisions are a part of the NMA
Further clarifies and reinforces that NMAs are stand-alone
agreements
Article XXVIII – Addenda
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Employers and Owners can request to amend the NMAs
to become more competitive or to meet Owner
requirements
All requests must be submitted in writing to the NMAPC
and are approved / denied based upon a majority vote of
the NMAPC Labor Committee
Article XXIX – Duration of Agreement
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NMAs are “evergreen” agreements
Can be terminated by either party, (Employer or
International Union)
Employers and International Unions agree to any revisions
that are formally agreed to by the NMAPC
NMAPC Book of Decisions
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Revised and effective January 1,
2012 – Further updates may occur
by approval of the NMAPC
Committee
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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)
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
Zero Injury Safety Awards - ZISA
The Voice of Union
Construction
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Sister Organization to the NMAPC
National Association of Multi-Craft Union Contractors
Labor Relations
Safety & Health
Labor-Management Cooperation
Government Affairs
• Union Contractors
• Local Employer Organizations (LEO)
• Customer Caucus
• Governing Members
• Affiliate/Vendor Members