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, 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)?