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WORKING AGREEMENT Between and CEMENT MASONS INTERNATIONAL O. P. & C. M. I. a LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS

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WORKING AGREEMENT Between and CEMENT MASONS INTERNATIONAL O. P. & C. M. I. a LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS WORKING AGREEMENT Between _________________________________________________ And CEMENT MASONS INTERNATIONAL O. P. & C. M. I. A LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS, INDIANA INDEX Article I - Purpose 1 Article II - Recognition 1 Article III - Subcontracting 1 Article IV - Duration and Amendment 1,2 Article V - Scope of Agreement 2 Article VI - Craft Jurisdiction (See Appendix A) 2 Article VII - Jurisdictional Disputes 2 Article VIII - No Strike/No Lockout 3 Article IX - Union Security/Check Off 3-4 Article X - Management Rights 4,5 Article XI - Pre-Job Conference 5 Article XII - Hours and Working Conditions 5,6 - Multiple Shifts 6 - Holidays 6,7 - Overtime 7 - Reporting Time/Pay Procedure 7-8 Article XIII - Steward 8 Article XIV - General Working Conditions 8-10 Article XV - Grievance/Arbitration 10,11 Article XVI - Special Provisions 12 i Article XVII - Safety/Job Facilities/Substance Abuse Policy 12,13 Article XVIII - Non Discrimination 13,14 Article XIX - Classification 14 Article XX - Wages 14 Article XXI - Savings Clause 15 Article XXII - Construction Industry Progress Council 15 Article XXIII - Apprenticeship 15,16 Article XXIV - Health & Welfare 17,18 Article XXV - Pension 18,19 Article XXVI - All Benefits 19 Appendix "A" - Craft Jurisdiction 19-22 Union and Employer Signature Page 23 ii WORKING AGREEMENT Between ___________________________________________________ and CEMENT MASONS INTERNATIONAL O. P. & C. M. I. A. LOCAL UNION NO. 692 (Area 532) INDIANAPOLIS, INDIANA THIS AGREEMENT made this 01 day of June 2008, by and between _____________________________________ designated as the "Employer" and Cement Masons International 0.P.&C.M.I.A. Local Union No. 692 (Area 532), Indianapolis, Indiana, hereinafter in this Agreement designated as the "Union." - being duly constituted, authorized and recognized bargaining representative for and on behalf of the Cement Mason employees of the Employer. ARTICLE I PURPOSE The purpose of this Agreement is to promote efficiency of construction operations on all projects covered by this Agreement, provide for the peaceful and expeditious settlement of all labor disputes without strikes or lockouts, establish and maintain harmonious relations between the parties to this Agreement, and secure optimum productivity from all employees whom this Agreement covers in exchange for the payment to them of a fair and reasonable level of compensation. ARTICLE II RECOGNITION The Employer recognizes the Union and its successors as the sole and exclusive bargaining representative for all of its craft employees who are or during the term of this agreement will be engaged in performing construction work on all current and future jobsites within the territorial jurisdiction of the Union. The Union having demonstrated to the Employer's satisfaction that a majority of the bargaining unit employees covered by this collective bargaining agreement has designated the Union to serve as their collective bargaining representative, and are desirous of maintaining such representation, the Employer hereby agrees voluntarily to recognize the Union as the exclusive bargaining representative of all such employees per Section 9 (a) of the National Labor Relations Act for all employees within the contractual bargaining unit. ARTICLE III SUBCONTRACTING The Employer agrees that neither it nor any of it subcontractors on any jobsite will subcontract any work covered by this Agreement to be done at the site of construction, alteration or repair of a building, structure or other work except to a person, firm or corporation, which is a party to an appropriate, current labor agreement with the Union. ARTICLE IV DURATION AND AMENDMENT (1) This Agreement shall become effective on June 1, 2008, and shall remain in full force and effect through May 31, 2011. -1- (2) Any party has the right to terminate or amend this Agreement by giving written notice to the other party at least sixty (60) days in advance of the expiration of the Agreement. (3) Failure to give notice of a desire to terminate or amend the Agreement prior to the sixty (60) days period shall cause this Agreement to be renewed automatically for a further period of twelve (12) months and from year to year thereafter until such timely notice is given. ARTICLE V SCOPE OF AGREEMENT This Agreement shall apply only to work recognized as field construction work, and shall be limited to building, commercial, and industrial projects of all signatory Employers located within the following counties in the State of Indiana: Hendricks, Marion, Johnson and Boone Counties in their entirety; and the southern and western part of Hancock County, north to, but not including the town of Wilkinson, and east to, but not including the town of Fortville; Morgan County, and the southern half of Hamilton County north to the new route Indiana Highway No. 32 including the City of Noblesville. This Agreement shall not apply to engineers, draftsmen, supervisors, timekeepers, office workers, guards, or any other non manual employees. The Union agrees it will not enter into any Agreement with any other Employer or group of Employers that would be more favorable in wages, hours or conditions of employment covered by this Agreement. The only exception will be for International Association of Cement Mason Agreements. This Agreement represents the complete understanding of the parties. Any amendments to this Agreement shall be reduced to writing and signed by the parties hereto, or same shall be of no force and effect. ARTICLE VI CRAFT JURISDICTION See Appendix "A" ARTICLE VII JURISDICTIONAL DISPUTES -2- There will be no strikes, work stoppages, or other forms of concerted activity because of jurisdictional disputes. All such disputes shall be settled in accordance with the procedural rules and regulations of the National Joint Board for the Settlement of Jurisdictional Disputes. ARTICLE VIII NO STRIKE/NO LOCKOUT During the term of this Agreement and except as specifically provided herein, there shall be no strikes, picketing, work stoppages, slow downs or other disruptive activity by the Union or by any employee, and there shall be no lockout by the Employer. Provided, however, it shall not be a violation of this Agreement to picket any Employer for non- payment of fringe benefits contributions or wages or refusing to attend a pre-job conference, nor shall it be a violation of this Agreement for any employee to honor a lawful primary picket of any union affiliated with the Building and Construction Trades Department, AFL-CIO, or the Teamsters Union. ARTICLE IX UNION SECURITY/CHECK OFF As a condition of employment, all employees covered by this Agreement now in the employ of the Employer shall remain members in good standing of the Union during the term of this Agreement, and all construction workers hereinafter employed by the Employer shall become members of the Union seven (7) days after the commencement of their employment and shall remain members in good standing during the term of this Agreement. In the event any employee fails to tender periodic dues. and initiation fees uniformly required as a condition of acquiring or retaining membership, said employee shall be dismissed within two (2) days after written notification to the Employer by the Union, unless (a) the Employer has reasonable grounds for believing that such membership was not available to the employee on the same terms and conditions generally applicable to other members, or (b) the Employer has reasonable grounds for believing that membership was denied or terminated for reasons other than the failure of the employee to tender the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership. Each Employer signatory to this Agreement shall deduct from the pay of employees covered by this Agreement all regular and uniform dues, including International Dues and working dues, if applicable, in an amount designated by the Union, provided, that before any such deduction is made, the Union shall secure and furnish to the Employer a signed authorization form permitting such deductions. Such deduction shall be remitted at the same time and accompanying contributions owing in respect to health and welfare, pension, and apprentice -3- contributions, by check and with report of hours. The authorization signed by the employee shall be irrevocable for the period of one (1) year or until the termination of this Agreement, whichever occurs first, unless written notice is given by the employee to the Employer and to the Union not less than thirty (30) days before any periodic renewal date. If no such notice given, the authorization shall continue in effect from year to year until notice is properly terminated in accordance with these procedures. ARTICLE X MANAGEMENT RIGHTS The Employer shall retain full and exclusive authority for the management of its operations. The Employer shall, through the craft foremen, direct its working forces at his/her discretion, in such activities as hiring, promotion, transfer, layoff, discipline or discharge. No rules, customs, or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees. The foregoing enumeration of Employer's rights shall not be deemed to exclude other functions not specifically set forth. The Employer, therefore, retains all rights and authority not expressly excluded or limited by the provisions and terms of this Agreement. Selection of Foremen/General Foreman The selection of craft foremen shall be the responsibility of the Employer. Each foreman shall take orders from the designated Employer representative. The foremen shall not be absent from the area where their crews are working unless their presence to perform their assigned duties is required elsewhere, and shall be responsible for seeing that all work is performed properly by employees under their supervision. Foremen who fail to perform their designated duties may be terminated. The Employer may require his foremen to be working foremen. When fifteen (15) of more Cement Masons are employed on one project, one (1) foreman shall be designated the General Foreman and receive wages as such.
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