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National Maintenance Agreements ACW Alliance Barnes-Jewish Hospital April 8, 2014.

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Presentation on theme: "National Maintenance Agreements ACW Alliance Barnes-Jewish Hospital April 8, 2014."— Presentation transcript:

1 National Maintenance Agreements ACW Alliance Barnes-Jewish Hospital April 8, 2014

2 NMA Evolution 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

3 At a Glance 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

4 A Tripartite Approach to Success

5 Modes of NMA Utilization Traditional NMA Yellow Card Project Yellow Card Site

6

7 Total NMAPC Work Hours

8 Article I - Recognition 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)

9 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: ____________________________ __________________________ _________________________ Point of Contact: ____________________Alternate: _______________________ _______________________________________________ Signature of Contractor Representative Date _______________________________________________ Signature of Building Trades Representative Date

10 Article IV – Scope of Work 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

11 Article V – Subcontracting 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

12 Article VI – Grievances 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;

13 Article VII – Union Representation Stewards are required to be qualified craftspersons (No Non- Working 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)

14 Article VIII – Wages 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)

15 Article IX – Benefits and Other Monetary Funds 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)

16 Article XI – Holidays 7 Uniform Holidays New Year’s DayPresidents’ Day (Federal) * Memorial DayIndependence Day Labor DayThanksgiving Day Christmas 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

17 Article XII – Minimum Pay / Reporting Time and Call-Ins 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

18 Article XIII – Supervision 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)

19 Article XV – Work Hours Per Day 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 NMA – Three shifts 1 st Shift: 8 hours work = 8 hours pay 2 nd Shift: 8 hours work = 8 hours pay + $2.00 shift additive 3 rd Shift: 8 hours work = 8 hours pay + $2.25 shift additive

20 Article XV – Work Hours Per Day (cont’d) 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) NMA – Four-Tens (4/10s) 1 st Shift: 10 hours work = 10 hours pay 2 nd Shift: 10 hours work = 10 hours pay + $2.00 shift additive All ten (10) hours are at the straight-time rate

21 Article XVI – Transportation Employers must provide transportation to employees when the distance from the gate to the job is ½ mile or more one- way 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

22 Article XVII – Safety 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

23 Article XVIII – Apprentices 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

24 Article XIX – Hiring & Transfer of Craft Workers 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

25 Article XX – General Savings Clause 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

26 Article XXI – Crew Size 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

27 Article XXII – Lockout and Work Stoppage 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 $15,000 Shift(s) Thereafter$10,000$20,000$50,000

28 Article XXIII – Management Clause Employer Rights: – 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

29 Article XXIV – Partnering The NMAPC Program encourages the implementation of local tripartite committees to establish ongoing lines of communication. – Owner – Employers – Crafts (local building trades council) Monthly or Quarterly meetings to discuss: – 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

30 Article XXV – Welding Certification 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

31 Article XXVI – Reporting Requirements Administrative Fees 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

32 Article XXVII – Administrative Procedure 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

33 Article XXVIII – Addenda 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

34 Article XXIX – Duration of Agreement 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

35 NMAPC Book of Decisions Revised and effective January 1, 2012 – Further updates may occur by approval of the NMAPC Committee Compilation of interpretations Living document Key-word searchable Available online – (Free)

36 Resources – Newly revamped Practical Uses: 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

37 Zero Injury Safety Awards - ZISA

38 The Voice of Union Construction Sister Organization to the NMAPC National Association of Multi-Craft Union Contractors Labor Relations Safety & Health Labor-Management Cooperation Government Affairs Union Contractors Governing Members Local Employer Organizations (LEO) Affiliate/Vendor Members Customer Caucus

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