2018 - 2021 AGREEMENT between ASSOCIATED GENERAL CONTRACTORS OF WASHINGTON and CARPENTERS PILE DRIVERS MILLWRIGHTS of the PACIFIC NORTHWEST REGIONAL COUNCIL OF CARPENTERS UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA opeiu8aflcio TABLE OF CONTENTS TABLE OF CONTENTS, (continued) Art/Sec Description Page Art/Sec Description Page Preamble . 1 Appendix 1 Schedule “A” Art 1 Purpose of Agreement . 2 Classifications & Wages . 38 Art 2 Work Affected . 3 Deductions & Fringe Benefits . 39 Art 3 Work and Territory Affected . 4 Union Dues Check-Off Assignments . 40 Art 4 Effective Date and Duration . 5 Fringe Options . 40 Art 5 Union Recognition and Hiring Procedures . 6 Handling of Hazardous Waste Materials . 40 Sec 5 Labor and Management Committee . 8 Classification/Hazardous Waste Sec 7 Out of Work List Requirements . 8 Group Number . 41 Sec 8 Unlawful Discrimination and Harrassment . 9 Foreman . 41 Art 6 Subcontractors . 10 Apprentice Fund . 42 Art 7 Holidays . 10 Sec 2 Staffing Jobs . 42 Art 8 Meal, Rest Periods & Sick Leave . 11 Welder Certification . 42 Sec 3 Rest Periods . 13 Sec 3 Apprenticeship Wage Rate . 43 Sec 4 Paid Sick Leave . 13 Sec 4 Pile Driver Crews . 43 Art 9 Pay Day . 14 Sec 1 Procedures . 14 Schedule “B” Sec 2 Mid-Pay Period Employment Separation . 16 Fringe Benefits . 45 Art 10 Union Representative . 17 Sec 1 Health and Security . 45 Art 11 Settlement of Disputes /Grievances . 18 Sec 2 Retirement . 46 Art 12 Settlement of Jurisdictional Disputes . 20 Sec 3 Vacation . 49 Art 13 Strikes and Picket Lines . 21 Sec 4 Apprenticeship and Training . 49 Art 14 Safety Measures . 21 Sec 5 Failure to Pay Contributions . 50 Art 15 Savings Clause . 22 Sec 6 Information on Trust Agreement . 50 Art 16 Hours of Work . 23 Sec 9 Parties Bound . 51 Sec 1 Single Shift Operation . 23 Sec 10 Trust Mergers . 51 Sec 2 Multiple Shift Operation . 26 Sec 3 Special Work/Tide Work . 28 Schedule “C” Art 17 Overtime . 28 Zone Pay Differential . 52 Art 18 Reporting and Minimum Hours Pay . 29 Sec 2 General Travel Conditions . 53 Art 19 Management Rights Clause . 31 Sec 3 Carpenters’ Zone Pay . 54 Art 20 Special Conditions . 32 Sec 4 Pile Driver, Bridge, Dock and Art 21 Predetermined Wage Rate Project . 33 Wharf Builders’ Zone Pay . 54 Art 22 Substance Abuse Policy . 34 Sec 5 Millwrights’ Zone Pay . 55 Art 23 Health Care Legislation . 36 Appendix 2 Art 24 Light Duty Return to Work . 36 Art 1 Craft Work Rules . 58 Sec 2 Tool Sharpening . 59 TABLE OF CONTENTS, (continued) PREAMBLE Art/Sec Description Page Appendix 2, (continued) This Agreement is a successive principal Agreement Sec 4 Furnishing Tools . 59 of the 2015-2018 Agreement, and all other prior Sec 5 Tool Storage . 60 Agreements thereto by and between the Associated Sec 6 Tool Restrictions . 60 Sec 11 Travel to jobsite in employer provided vehicle . 62 General Contractors of Washington, a Chapter of the Art 2 Residential Provisions . 63 Associated General Contractors of America, Inc. and Appendix 3 Central Washington Area Addendum . 66 Pacific Northwest Regional Council of Carpenters. Divers Addendum . 68 For purposes of this Agreement, the AGC of Wash- Subcontract . 68 ington is not acting as a multi-employer bargaining Hiring . 69 Coverage . 70 agent in a single multi-employer unit but is acting for Safety . 71 and on behalf of Employers who have individually Sec 1 Diving Rules . 72 requested the AGC of Washington to act as their in- Pay Scales . 75 dividual and separate bargaining agent in individual Depth Premiums . 79 Deep Water, Bell/Vehicle System Employer units. Further, each individual principal Total Saturation Diving . 80 member reserves the right to review and accept or Wages (Daily Rate) Hours and Overtime for reject any proposed Agreement negotiated between Pressurized Bell/Vehicle Diving and/or the Union and the AGC of Washington acting as an Saturation Diving . 83 Sec 2 Hyperbaric Tunnel Work . 86 agent for the individual contractor members. Basis of Pay . 87 Working Conditions . 88 This is a Collective Bargaining Agreement between Saturation Hyperbaric Tunnel Work . 90 certain individual members of the Associated General Wages (Daily rate) Hours and Overtime for Contractors of Washington, a Chapter of the Asso- Pressurized Saturation Hyperbaric Worker . 91 ciated General Contractors of America, Inc. (here- Signature Page . 94 inafter referred to as the “Employer”), and Pacific Northwest Regional Council of Carpenters, (herein- after referred to as the “Union”), and shall consti- tute an Agreement between the parties hereto for the work, conditions and wage rates provided for herein in the territory of Western and Central Washington. 1 ARTICLE 1 within the geographical jurisdiction of the Regional PURPOSES OF AGREEMENT Council of Carpenters on all present and future job- sites, which the parties agree is a unit appropriate for SECTION 1. The purposes of this Agreement bargaining under Section 9(a) of the National Labor are to promote the settlement of labor disagreement Relations Board. by conference, to prevent strikes and lockouts and to stabilize wages and working conditions in building, SECTION 4. The Union recognizes the AGC heavy highway construction and engineering work in of Washington as the exclusive individual bargain- the area affected. ing agent for each Employer who has authorized the SECTION 2. Bylaws of either party are not part AGC of Washington to negotiate individually with of this Agreement. It is agreed and understood be- the Union on its behalf. tween the parties hereto that this Agreement contains all the covenants, stipulations and provisions agreed ARTICLE 2 upon by the parties hereto. No agent or representa- WORK AFFECTED tive of either party has authority to make any prom- ise, inducement or agreement contrary to the provi- SECTION 1. This Agreement shall cover all sions herein. Highway, Building, Heavy Construction and Engi- neering projects including the loading and unloading SECTION 3. The Pacific Northwest Regional Coun- of barges or other carriers of the Employer’s mate- cil of Carpenters has asserted, and presented evi- rials and equipment at loading facilities for the con- dence or offered to present evidence, that a major- tractor’s work performed by Employer parties to this ity of the Employer’s employees performing work Agreement in the counties outlined in Article 3. within the scope of the carpentry trade has designated the Regional Council to represent them in collective SECTION 2. For clarification, heavy, highway bargaining. Predicated on that showing of majority and engineering projects are defined as follows: support and the Regional Council’s request for recog- Construction of railroads, street railways, roads, nition as majority representative, the employer here- highways, streets, alleys, sidewalks, curbs and gut- by recognizes the Regional Council as NLRA Section ters, paving (Portland cement or asphaltic concrete), 9(a) collective bargaining representative for all em- airports, bridges, overpasses, sewers, water mains, ployees performing work within the carpentry trade sanitation projects, irrigation projects, flood control 2 3 projects, reclamation projects, reservoirs, dams, SECTION 2. Attached hereto and made a part dikes, levees, revetments, channels, aqueducts, of this Agreement is Appendix 3 which contains any channel cutoffs, jetties, breakwaters, harbor devel- differences in wages, travel or working conditions for opments, docks, dry docks, piers, abutments, retain- the Central Washington area. (See page 66.) ing walls, transmission lines, duct lines, subways, shafts, tunnels, excavation of earth and rock, power SECTION 3. The work covered by this Agree- generating projects, reinforced earthwork, and all ment shall be as outlined in the General Constitution other heavy construction and engineering operations and Laws of the United Brotherhood of Carpenters in connection therewith, and all site clearing, demoli- and Joiners of America and local awards and area tion work, pipeline and refinery work when covered practice. by this Agreement. ARTICLE 4 SECTION 3. For further clarification, the term EFFECTIVE DATE AND DURATION “Building” shall mean a building structure, including modifications thereof, or additions or repairs thereto, SECTION 1. This successive principal Agree- intended for use for shelter, protection, and comfort. ment shall be effective commencing June 1, 2018 and shall continue in force and effect through May ARTICLE 3 31, 2021. Upon its expiration, this agreement shall WORK AND TERRITORY AFFECTED continue from year to year, June 1 through May 31 of each year, by automatic renewal; unless changed, SECTION 1. This Agreement shall cover all con- terminated or superseded by a successive principal struction work in the following counties west of the agreement. For the purpose of negotiating alterations 120th Meridian in the State of Washington: What- in wages and other terms and conditions of employ- com, Skagit, Snohomish, King, Pierce, Thurston, ment, either party may open this Agreement or any Lewis, Grays Harbor, Kitsap, Island, San Juan, Clal- contract effectuated through automatic renewal by lam, Jefferson, Mason, Yakima, Kittitas, Chelan, giving written “Notice of Opening” not later than Douglas, and Okanogan, and that portion of Pacific sixty (60) days nor more than ninety (90) days prior County north of a straight line made by extending the to the expiration date. “Notice of Opening” is in north boundary line of Wahkiakum county west to the no way intended by the parties as a termination of, Pacific Ocean. nor shall it in any way be construed as a termination 4 5 of this Agreement or any annual contract effectuated ity of the Employer’s employees performing work through automatic renewal nor as forestalling auto- within the scope of the carpentry trade has designated matic renewal as herein provided. The parties reserve the Regional Council to represent them in collective the right to economic recourse in negotiations, except bargaining. Predicated on that showing of majority during the interval between the giving of “Notice of support and the Regional Council’s request for recog- Opening” and the expiration date.