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 ” 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 Agreement Guide Contains: Category 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 Language in is Category I Language in RED is Category I Language in is Category II Language in BLUE is Category II Language in is Recommended or Optional Language in PURPLE is Recommended or Optional Language in is Common Provisions covering a range of issues Language in BLACK is Common Provisions covering a range of issues
Category I b b 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 20 th 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 b b 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)?