california shortline agreement

CALIFORNIA SHORTLINE
AGREEMENT
MAY 1, 2014 - APRIL 30, 2017
·~'
CALIFORNIA SHORTLINE
AGREEMENT
MAY 1, 2014 -APRIL 30, 2017
TABLE OF CONTENTS
ART.
SEC.
TITLE
PAGE#
CALIFORNIA SHORTLINE AGREEMENT
1
101
WORK COVERED
1
II
201
CONTRACTORS COVERED
3
Ill
301
RECOGNITION OF THE UNION AS COLLECTIVE
BARGAINING REPRESENTATIVE
4
IV
404
411
411 (b)
411 (c)
411 (d)
411 (e)
HIRING OF PERSONNEL
Manning
Bending Crew
Lineup Crew
Back Welding
Firewatch
4
6
6
6
7
7
v
501
PROTECTION OF CONTRACTORS AGAINST STRIKES
7
VI
601
606
607
EMPLOYMENT PROCEDURE
Use and Transfer of Original Crews
Right of Union to Request Information About Locations of Jobs
7
9
9
GRIEVANCE PROCEDURE
10
VII
c13
801
JURISDICTIONAL DISPUTES
HOURS OF WORK-SHIFTS
Single Shift Operations
Multiple Shift Jobs
Changing Starting or Quitting Time by Mutual Consent
13
901
902
903
x
1001
OVERTIME
14
XI
1101
HOLIDAYS
14
PIPELINE JURISDICTION STATE OF CALIFORNIA
LOCALS 250 460 246 & 342 (maQ-Page )
Oil Distribution Chart
Main Line Pipe Distribution Chart
Gas Distribution Chart
15
15
15
VIII
IX
XII
1201
REPORTING TIME
15
XIII
1301
PAYMENT OF WAGES
16
XIV
1401
1401 .1
1401.2
WELDING TEST
Wages for Welding Qualification Tests
Initial Qualification
16
16
16
xv
1501
HELPERS
16
California Shortline Agreement
May 1, 2011 to April 30, 2017
TABLE OF CONTENTS
/
ART.
SEC.
TITLE
XVI
1601
16.04
STEWARDS
Stewards Qualifications
17
XVII
1701
FOREMAN
18
XVIII
1801
TRAVEL PAY AND STAND-BY PAY
19
1901
1902
1903
1904
1907
1908
HEALTH & WELFARE PENSION JOURNEYMAN TRAINING,
VACATION & HOLIDAY AND INT'L TRAINING FUND
Health & Welfare
Pension
Journeyman Training
Vacation & Holiday
International Training Fund Obligation
Joint Arbitration Board
19
19
19
20
20
21
xx
2001
CONFLICTING CONTRACTS AND GENDER REFERENCES
21
XXI
2101
EQUALITY OF TREATMENT OF CONTRACTORS
22
XXll
2201
UNION'S RIGHT TO CHECK JOB SITE OPERATIONS
22
XXlll
2301
EFFECTIVE AND TERMINATION DATES
22
XXIV
2401
CLASSIFICATIONS AND HOURLY WAGE RATES
U .A Local #460
U .A Local #342
U .A Local #250
U .A Local #246
23
23
23
24
24
xxv
2501
COMMITTEE ON DRUGS ALCOHOL SAFETY AND HEALTH
24
APP.
A
WAGE AND FRINGE SCHEDULE
U.A. Local #460
U .A Local #250
U .A Local #246
U .A Local #342
27
27
28
29
30
APP.
B
DECISION NO. 1 - Hydrostatic Testing
33
APP.
c
WELDING RIG RENTAL
34
APP.
D
OQ CERTIFICATION
Cost Increases May 2014. 2015, & 2016
36
INDEX
37
XIX
PAGE#
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California Shortline Agreement
May 1, 2011 to April 30, 2017
THIS AGREEMENT, known as the CALIFORNIA SHORTLINE AGREEMENT,
is entered into May I, 2014, between the PIPELINE CONTRACTORS ASSOCIATION
OF CALIFORNIA, on their own behalf and for their member contractors, and individual
signatory employers (hereinafter referred to as the "Contractors" or "Employers"),
as parties of the first part, and the UNITED ASSOCIATION OF JOURNEYMEN
AND APPRENTICES OF THE PLUMBING AND PIPE FITTING INDUSTRY
OF THE UNITED STATES AND CANADA, AFL-CIO, and its affiliated Local Unions,
UNITED ASSOCIATION LOCAL UNION NO. 250, UNITED ASSOCIATION
LOCAL UNION NO. 460, UNITED ASSOCIATION LOCAL UNION NO. 246, and UNITED
ASSOCIATION LOCAL UNION NO. 342 (hereinafter referred to as the "Union," the
"United Association," or the "UA"), as parties of the second part.
WHEREAS, the Contractors are engaged in shortline work throughout the territory
known as the State of California and in the performance of such work require the services of
competent and qualified Journeymen and Helpers; and
WHEREAS, the Union is affiliated with the American Federation of Labor and Congress
of Industrial Organizations and has in its membership throughout the area Journeymen and
Helpers competent and qualified to perform all work coming within the Union's recognized
jurisdiction; and
WHEPEAS, the parties signatory hereto desire to establish, on a statewide basis, wages,
hours and. w,orking conditions for the performance of such work and, further, to encourage
closer cooperation and better understandingbe'tween the Contractors and their employees.
NOW, THEREFORE, it is agreed between the Contractors and the Union as follows:
ARTICLE I -WORK COVERED
101.
Transportation mainline pipelines coming under this Agreement are those
illustrated on accompanying charts and defined as follows:
101.1
The construction, installation, maintenance, repair, double JOllltmg, beveling,
re-beveling, field fabrication, treating, reconditioning, testing, stress relieving,
making-up, relaying, or relocation of cross-country pipelines or any segments
thereof transporting coal, gas, oil, water or other transportable materials, vapors
or liquids, including portions of such pipelines within private property boundaries,
up to the first metering station or connection.
101.2
If a metering station or connection is located on a mainline transmission line,
or higher pressure lateral, branch line or between two or more mainline
transmission lines or higher pressure lateral, or branch lines then such work
California Shortline Agreement
May 1, 2014 to April 30, 2017
1
can be done under this Agreement. This includes the work covered by this
Agreement including the construction of all pipelines up .to the point at which
lower pressure distribution systems take off from higher pressure lateral and
branch lines.
101.3
Such pipeline construction, installation, repair, maintenance or reconditioning as
may be combined with or associated or comprising an integral part of other work
more particularly and usually defined as Engineering or Building Construction,
or work covering pumping stations, tank farms, refineries, plant to plant
connecting lines within city limits and city distribution lines are not covered by
this Agreement.
101.4
Gathering lines which connect directly from the wells to the mainline pipe
lines, gathering lines to or from gasoline extraction and gas dehydration plants,
gathering lines to or from gas storage fields, water flood lines, and all pipe
supports and related work is considered U.A. work covered by this Agreement.
101.5
All marine work, including "push" jobs in-shore and work done from barges
in-shore and off-shore, is covered by this Agreement.
101.6
For the purpose of this Agreement and work covered, it shall include, but not be
restricted to the following work:
l. GATHERING LINES
2. MARINE WORK
3. HIGHWAY RELOCATION
4. CHANGE OUTS
5. ROAD CROSSINGS
6. RIVER CROSSINGS
7. BRIDGE CROSSINGS
8. FABRICATION
9. TAKE UP FOR RELAYING
10. DOUBLE JOINTING
11. WELDING OF CASING ON ROAD BORES
102.
A Contractor who is party to this Shortline Agreement must operate under the
terms of this Agreement on any single contracted job of less than thirty (30) miles
in length of a continuous run. All projects over thirty (30) miles in length must be
performed under the terms of the National Pipeline Agreement.
103.
In order to preserve work customarily performed by employees working under
this Agreement, it is agreed that as a primary working condition, all double
jointing and re-beveling of pipe shall be performed by an Employer bound to this
Agreement, except as otherwise mutually agreed upon in writing by the Union
and the Contractor Association with relation to any particular job or project. It is
California Shortline Agreement
May 1, 2014 to April 30, 2017
2
further agreed that no subterfuge shall be used to avoid the intent and scope of
this provision, and this Agreement shall apply to all firms, corporations or
Contractors owned, financed or in any way controlled by an Employer bound to
this Agreement. A violation of this provision shall be considered a material breach
of the Agreement and shall be grounds for the Union's or Contractor's immediate
cancellation of the Agreement with the Individual Employer or Union which has
violated this provision. The Union's and/or Contractor's right to terminate the
Agreement under this provision shall not be exclusive and shall not impair any
and all remedies which the Union and/or Contractor might otherwise seek for a
breach of this provision.
ARTICLE II- CONTRACTORS COVERED
201.
It is agreed between the Contractors and the Union signatory as follows:
"Employer" means a person, partnership, firm, corporation, association, or other
entity, which employs any person or persons to perform services for a wage or
salary, and includes any person, partnership, firm, corporation, association or
other entity acting as an agent of an Employer, directly or indirectly.
"Employee" means any person who performs services for wages or salary under a
contract of employment, expressed or implied, for an Employer.
",
201.1
The term "worker," as used herein, shall refer to a person, in the labor market who
is not employed and needs not have been employed by the Individual Employer
but who may be referred by the United Association.
The Pipeline Contractors Association of California, under authority of those
Employer members authorizing the Association to negotiate and execute this
Agreement, a list of which is attached, and on whose behalf it is negotiated and
executed, hereby negotiate this Agreement.
Pipeline Contractors Association shall pay .one-half (Y,) portion of any costs
incurred in the administration of this Agreement.
201.2
It is further understood and agreed that any Employer by the terms of this
Agreement by virtue of the authority described in paragraph 20 I. I hereof,
agrees that if the Employer withdraws his membership from the Association, the
Employer shall be bound by the terms of this Agreement for the balance of the
terms of this Agreement.
201.3
The signatory Association agrees to immediately notify the Union when any
signatory Employer member withdraws from the Association and to further
notify the Union of any new members signing this Agreement; and the Union
agrees to notify the signatory Association of any newly signed Contractors.
California Shortline Agreement
May 1. 2014 to April 30, 2017
3
201.4
Each present Employer on whose behalf this Agreement has been negotiated
and executed, and each future member who becomes a party by signing the
Agreement shall alone be liable and responsible for his own individual acts and
conduct, and for any breach or alleged breach of this Agreement may be sued
only individually by the Union for such breach. Any alleged breach of this
Agreement by an Employer or any dispute between the Union and an Employer
respecting compliance with the terms of this Agreement shall not affect the
rights, liabilities, obligations and duties between the Union and each other
Employer party to this Agreement.
ARTICLE III - RECOGNITION OF THE UNION AS
COLLECTIVE BARGAINING REPRESENTATIVE
301.
The Contractors and the Unions hereby recognize the Union as the sole
collective bargaining representative of all employees of the Contractors over
whom the Union has jurisdiction throughout the entire state.
ARTICLE IV - HIRING OF PERSONNEL
401.
The Contractors and the Unions agree that any Journeymen employed by the
Contractors on work covered by this Agreement for a period of eight (8) days
continuously or accumulatively within the multiple-employer unit and procured
in accordance With ,tl;J,is Article IV, or procured from other sources by the ·
Contractors, shall become a member in good standing of one of the Local Unions
immediately, or eight (8) days after the effective date of this Paragraph 40 I,
whichever is later. The Journeyman shall remain a member in good standing in
one of the Local Unions as a condition of employment.
In interpreting membership in good standing, an Employer shall not discharge an
employee for non-membership in the Union:
a) If it has reasonable grounds for believing that such membership was not
available to the employee on the same conditions generally applicable to other
members; or
b) If it has reasonable grounds for believing that such membership was denied or
terminated for reasons other than the failure of the employee to tender periodic
dues and initiation fee uniformly required as a condition of acquiring or
retaining membership.
402.
Contractors must hire Journeymen and Helpers by calling the Local Union
dispatch office in whose area the job is started. Whenever a Contractor needs to hire
a Journeyman or a Helper on any job, he must notify the Local Union office, either
in writing or by telephone, stating the location, starting time, approximate duration
of the job, the type of work to be performed and the number of workmen required.
California Shortline Agreement
May 1, 2014
to April 30, 2017
4
403.
The Union shall establish and maintain an appropriate registration facility for
applicants available for employment as Journeymen and Helpers. Applicants
shall be registered on an out-of-work list in the order of time and date of
registration.
404.
Upon the request of a Contractor for workmen, the Union shall immediately refer
qualified and competent registrants to the Contractor in the number required by
the Contractor in the manner and under the conditions as specified in Article VI
of this Agreement. The referral and appointment of Stewards shall be governed
by the applicable provisions of Articles VI and XVI of this Agreement.
405.
In the event the Contractor, within forty-eight (48) hours of the request of the
Union, does not so obtain the number of workmen needed, the Contractor may
obtain workmen from any other source and notify the Union of the names,
addresses and social security numbers of such employees.
406.
The Union and the Contractors agree that the referral of Journeymen shall be on
the following basis:
406.1
Selection of applicants for referral to jobs shall be on a nondiscriminatory basis
and shall not ~e based on, or in any way affected by Union membership, by-laws,
rules, regulations, constitutional provisions, or any other aspect of, or obligations
_\;:
of, Union membership, policies or requirements.
406.2
The Employer retains the right to reject for cause workers referred by the Union.
No worker shall be refused hire because of any prior sanctioned Union activity.
It is understood that any worker referred by the Union and rejected shall receive
two (2) hours show-up pay. A worker so rejected shall not be re-dispatched to
same Employer if so requested by the Employer and confirmed in writing not to
exceed the current calendar year unless renewed in writing by the Contractor
prior to the end of current calendar year. Any such letters will be subject to
review on a yearly basis by request of the Union. Workers referred to the
Employer's job who arrive in an unfit condition for work, or who are not ready
to go to work shall not be paid show-up time.
406.3
The Union and the Contractors shall post in places where notices to all employees
and applicants for employment are customarily posted, all provisions relating to
the functioning of the hiring provisions of the Agreement.
407.
The individual Employer may discharge any employee for just cause. There
shall be no discrimination on the part of the Employer against any employee, nor
shall any such employee be discharged, by reason of any Union activity not
interfering with the proper performance of his work.
California Shortline Agreement
May 1, 2014 to April 30, 2017
5
408.
Contractors who engage in a joint venture shall be entitled to the benefit of all
the provisions of this Agreement, notwithstanding the existence of the joint venture as an entity. All of the work covered by this Agreement shall be done under
and in accordance with the terms and conditions of this Agreement, whether done
by Employer or any subcontractor of said Employer.
409.
Any employee, or applicant for employment claiming to be aggrieved by the
application to himself of any of the provisions of this Article IV, or Article VI
whether by the Union, the Contractors or any individual Employer signatory
to this Agreement, may submit his grievance to a Hiring Grievance Committee
created pursuant to Article VII, paragraph 702, of this Agreement, by filing
the same with the Local Union in the area where the . grievance occurred. The
grievance must be submitted in writing to the Local Union office within fifteen
(IS) days after the transaction giving rise thereto, excluding Saturdays, Sundays,
and holidays. The Local Union receiving the grievance shall immediately notify the
Associations party to this Agreement of• the grievance. Forms for the submission
of any such grievance shall be available at all times in each Local Union office.
Nothing in this Article IV shall be construed to waive or abrogate an employee's
statutory discrimination rights.
410.
Any employee, or applicant for employment, failing to comply with Article IV,
paragraph 409, shall by reason thereof be deemed to have waived the grievance.
411.
MANNING:
aj . All the leveling, beveling, re-beveling, jobsite fabrication, and making of
all joints by any mode or method is the work of the United Association of
Journeymen Plumbers and Steamfitters of the United States and Canada.
b) On all non-production and/or congested or fabrication work, the hooking and
unhooking of pipe or fabricated material will be assigned to the U.A. ifthere are
U.A. members already on site.
c) BENDING CREW -All mechanical work in connection with the mandrel shall
be the work of the United Association performed by journeymen. The Foreman
shall be a Journeyman of the United Association. The handling of pipe and any
material will be assigned to Helpers who perform work under this Agreement
d) LINEUP CREW - After the pipe has been placed on the skids and cleaned,
the Spacer shall see that the correct spacing is made for proper welding of each
joint of pipe going into the line; the Stabber shall see that the correct line is held
as he sends the pipe into the Spacer; the Clampman is to send the mechanical
clamp into the position as each joint is lined up and shall engage the clamp to
hold the pipe in position. Welders shall not perform this work. This restriction
wiJI only apply on production projects. It will not apply on special work.
Spacers, Stabbers and Clampmen shall be Journeyman Pipefitters referred
by the Union. The Foreman of the lineup crew shall be a Journeyman of
the Union.
California Shortline Agreement
May 1, 2014
to April 30, 2017
6
e) BACK WELDING - The premium will be increased to $2.00 per hour with the
understanding that the employee must enter the pipe and have the necessity of
both feet being off the ground. Over (4) hours, they shall get paid for the entire
day. The premium for helpers and apprentices will be $1.00 per hour with the
same restrictions as the welders.
f) FIRE WATCH - If the job specification require a full time fire watch for U.A.
"hot" work, than such work will be assigned to the U .A. This requirement will
not apply to intermittent fire watch work which will continue to be assigned to
any available employees.
SPECIAL WORK - Gathering Lines, River & Bridge Crossings, Highway
Relocation, Change Outs, Short Lines and Work in Congested Areas:
I. Employer shall have the sole right to determine the number and classifications of the employees to be hired; provided that Employer shall respect
past custom and practice in assigning the work to be done so that Welder
Helpers shall not be assigned to work heretofore done by Journeymen.
2. On all such work the manning shall be decided by the Contractor, but
it is recognized that the work coming under the jurisdiction of the Union
includes, regardless of the materials and mode or method used, the
preparation of the pipe for joining,lining up of the pipe and the handling
of the clamps, and joining of the pipe, and Employer shall respect past
cootom and practicein assigning the work to be done.
,. .•,n
ARTICLE V - PROTECTION OF CONTRACTORS AGAINST STRIKES
501.
It is mutually agreed and understood that during the period when this Agreement
is in force and effect, subject to the provisions of paragraph 220 I, Article XXII,
the Union shall not authorize any strike, slowdown or stoppage of work in any
dispute, complaint or grievance arising under the terms and conditions of this
Agreement.
502.
Contractors agree they shall not discharge any employee for refusing to cross a
picket line legally sanctioned by the Building and Construction Trades Council.
ARTICLE VI- EMPLOYMENT PROCEDURE
601.
For purposes of this Agreement, the State shall be divided into four local areas,
as indicated on the map attached hereto. The Individual Employers shall clear all
employees required in the perfonnance of the work covered by this Agreement
through the office of the Local Union having jurisdiction as indicated by the map
attached hereto.
California Shortline Agreement
May 1, 2014 to April 30, 2017
7
602.
Except where the Employer elects to transfer existing employees, as specifically
provided for in Section 606. l below, all Journeymen and Welder Helpers shall be
hired in the following manner from the Class "A" out-of- work list of the Local
Union having jurisdiction. The first, third and fourth employees may be hired directly
by the Employer. The second, fifth and sixth employees shall be dispatched by the
Union, the second employee being the Steward. Thereafter, all additional hires shall
be on an alternating 50/50 basis; i.e., the seventh hired directly by the Employer, the
eighth dispatched by the Local Union, and so on, until the full crew has been hired.
Once a job has started, replacements or additional Journeymen and Welder Helpers
needed shall be hired directly by the Employer or dispatched by the Local Union in
accordance with this 50150 alternating procedure. Existing employees working under
this Agreement only as provided for in Section 606. l may also transfer to a project
once it has started. All Employer calls by name shall be dispatched regardless of the
individual's place on the Class "A" out-of-work list.
603.
Satisfactory and competent men shall be furnished in accordance with the provisions
of this Agreement and the employment procedure within forty-eight (48) hours,
(Saturdays, Sundays and Holidays excepted) of the time they are requested if they
are available and in the event they cannot be or are not furnished within such period,
the Individual Employer may employ any person, but must arrange for a dispatch to
be obtained for him from the office of the Union within twenty-four (24) hours of the
commencement of such employment and such dispatch shall, upon request, be issued
to the employee.
...
-:<I.-'"
"'~2
604.
Preference in employment shall be given to persons who have been employed in the
geographical jurisdiction of the Local Union having jurisdiction of the type of work
covered by this Agreement.
605.
For the purpose of the hiring procedure, there shall be three (3) classes of employees,
as follows:
CLASS "A" - Shall consist of Journeymen Welders and Fitters who have been
employed within the geographical jurisdiction of the Local Union having jurisdiction
of the type of craft of work covered by this Agreement for a period of at least l 500
hours (and/or who have been available for employment by being registered on the
"A" list) for each year during the two (2) years next preceding their registration in
the territory covered by this Agreement.
CLASS "B" - Shall consist of Journeymen Welders and Fitters who have been
employed in the State of California and are registered on Local Unions 246, 250,
342, and 460 Class "A" list.
CLASS "C" - Shall consist of all other qualified Journeymen Welders and Fitters
registered with a Local Union having pipeline jurisdiction.
A subcommittee will be formed to discuss Section 605
California Shortline Agreement
May 1, 2014 to April 30, 2017
8
606.
USE AND TRANSFER OF ORIGINAL CREWS - The original crew shall
follow the job from its start to completion if it is practical for the Individual
Employer to do so.
606.1
The Employer may keep and transfer employees who are on the Employer's
payroll, under the terms of this Agreement within the same Local Union without
limitation. Employer will not be allowed to transfer employees to this Agreement
who are working under any other Local Union Agreement. (Industrial, Station,
Distribution, etc.) As detailed in Section 602 and Section 606.3, the Union shall
appoint a steward as the second employee on all new jobs.
606.2
The parties recognize that the Employer's right to keep and transfer employees
from one job to another within the territorial jurisdiction of the same Local
Union is unlimited. Where the new job to which the Employer seeks to transfer
employees is located in the territorial jurisdiction of another Local Union, the
Employer shall be permitted to select, in its sole discretion, the first, third and
fourth employees for the new job. The second, fifth and sixth employees shall
be referred from the Class "A" out-of-work list of the Local Union having
jurisdiction of the new job. All additional hires, whether to complete the initial
crew or to provide replacements or additional employees once the job has begun,
shall be made on an alternating 50/50 basis; i.e., the seventh hired directly by
the Employer, the eighth dispatched by the Local Union, and so on, until the
Employer's manpower needs have been satisfied.
606.3
Whenever the Employer starts a new job the second employee of the Local
Union having jurisdiction shall appoint a Steward. The Local Union shall have
sole discretion in selecting such Steward and need not select the Steward from
an existing crew.
606.4
The Employer shall notify, by telephone, and confirm by written notification,
the transfer of employees, as provided for in the above paragraphs, listing the
names and social security numbers of those transferred employees within
forty-eight (48) hours. The Local Union dispatch office shall sign one copy of the
notification and return it to the Contractor.
606.5
A violation of this provision may subject the Contractor or Local Union through a
ruling of the Joint Conference Board, the withdrawal of this transfer provision for
a period not to exceed ninety (90) days for the first violation.
607.
RIGHT OF UNION TO REQUEST INFORMATION ABOUT
LOCATIONS OF JOBS - The Contractors agree that the Union shall have the
right to request from each Individual Employer information as to the location
of all work being performed in the State by such Individual Employer. The
Individual Employers agree that upon receipt of such a request they shall furnish
the information to the Union properly.
California Shortline Agreement
May 1, 2014 to April 30, 2017
9
608.
The Employer agrees to notify the Local Union promptly before starting any job
covered by the terms of this Agreement. It is a violation of this Agreement to
start a job without prior notification or pre-job conference.
ARTICLE VII- GRIEVANCE PROCEDURE
701.
ORGANIZATION AND FUNCTIONS OF JOINT CONFERENCE BOARD:
701.1
It is the intention of the parties to this Agreement to settle problems that may
arise on a local level. However, in order to provide means for uniform interpretation and application of this Agreement in respect to any provision upon which
the parties are in disagreement or dispute as to its meaning, the parties hereto
shall proceed as follows:
701.1.1 TIMELINESS:
All grievances must be filed within fifteen (15) days of the occurrence.
Any grievances, disputes or differences of opinion which arise between the
contractors' supervisory personnel and Union representatives in the field shall
be settled on the job, wherever possible, provided that such settlements shall not
vary any of the wages, terms and conditions of this Agreement.
All Employers signatory to this Agreementwho are not members of a Contractor
Association signatory hereto shall be subject to all of the tenns and conditions of
this Agreement and shall be subject to the procedures set forth in this Article.
I. Any employee who believes that he has a grievance shall first take the
matter up with his Foreman and Job Steward.
2. If the matter is not satisfactorily adjusted at this step of the procedure,
the grievance shall be referred to the Superintendent. The Job Steward,
Superintendent and Foreman shall attempt to resolve the grievance.
3. When the matter cannot be settled at this level, it shall be referred to the Union's
Business Agent and Employer's representative.
4. In the event the grievance, dispute or difference of opinion shall not have
been satisfactorily settled during the preceding steps within forty-eight (48)
hours, then the matter shall be sent in writing within five (5) working days to
the Joint Conference Board for settlement. The Joint Conference Board shall
hear the matter within thirty (30) days.
5. Any other grievance, dispute, difference of opinion or controversy of any
kind or character between the Union and the Association and/or Individual
California Shortline Agreement
May 1, 2014 to April 30, 2017
10
Employer signatory hereto involving or relating to the interpretation or
application of the terms of this Agreement, and the relations between the parties
arising during the term of this Agreement which cannot be settled by the parties,
shall be settled by the Joint Conference Board which is set out below.
JOINT CONFERENCE BOARD:
In order to provide means for uniform interpretation and application of this
Agreement in respect to any provision upon which the parties are in disagreement or dispute as to its meaning, the parties hereto shall proceed to set up a Joint
Conference Board of seven (7) members. Three (3) members shall be selected by
the Unions and three (3) by the Employers. The seventh (7'h) person shall be a
neutral person, and shall be agreed upon by both the Unions and the Employers.
Members of the grievance committee shall not be involved on the Board. The
Management members shall be appointed by the Management Chairman. The
seventh (7th) member shall be selected from a pre-approved list.
VOTING:
The aggrieved party shall present its case before the Joint Conference Board. The
three (3) from Labor and the three (3) from the Employers shall have one (I) vote
each. If the Board cannot reach a decision the seventh (7 11 ') person shall cast the
deciding vote.
,,-,·.
LOCATION & RULES OF ORDER:
The Joint Conference Board shall agree upon and determine the time and place
of meetings, the rules of procedure, shall elect a chairman and a secretary from
its membership, and shall determine upon all other details necessary to promote
and can-y on the business from which it is appointed.
NO AUTHORITY:
It is understood and agreed that the Joint Conference Board shall not have
authority to review any matters, either on the motion of either party or on its
own motion, or make any recommendations which would add to, alter, vary, or
modify any of the terms or provisions of this Agreement.
DECISION:
Upon refen-al of said matter, the Joint Conference Board shall take jurisdiction
of the same and proceed to a determination of the said dispute or disagreement.
Its decision shall be final and binding upon all parties. The decision shall be
rendered within a five (5) working day period.
WORK IN PROGRESS:
Once such dispute or disagreement is legally and properly referred to the Joint
California Shortline Agreement
May 1, 2014
to April 30, 2017
11
Conference Board, the parties shall not use or invoke any means of enforcement
of their respective positions, except as herein above, in this Article, provided
through the Joint Conference Board. Pending the decision upon any dispute or
grievance, work shall be continued in accordance with the provisions of this
Agreement. However, any settlement where hours of pay are involved shall be at
the discretion of the Board.
NON-COMPLIANCE:
Either party to this Agreement may, in the event of the failure of the other party
to comply with the Joint Conference Board award issued pursuant hereto, within thirty (30) days cancel this Agreement insofar as it relates to the party to
the dispute who has failed to comply with the award on forty-eight (48) hours
written notice to that party.
COST:
The cost shall be equal between the four (4) Unions and the Contractors
Association signatory hereto. In the event the Employer is not a member of the
Contractors Association, the cost shall be Yi between the four (4) Unions and Yi
by the Employer.
702.
ORGANIZATION AND FUNCTIONS OF THE "HIRING GRIEVANCE
COMMITTEE":
"-.--.
702.1
Whenever a grievance shall have been filed pursuant to the provisions of Article
IV, paragraph 409 of this Agreement, the Local Union receiving the grievance
and the Contractors shall forthwith appoint a "Hiring Grievance Committee"
consisting of two (2) persons appointed by the Local Union and two (2) persons
appointed by the Contractors.
702.2
The Hiring Grievance Committee so appointed shall meet within ten (I 0) days
after the filing of the grievance and hear and decide the same. The Hiring
Grievance Committee shall notify the aggrieved individual of the time and place
of its meeting and the aggrieved employee shall be entitled to appear and be
heard concerning his grievance. The Hiring Grievance Committee shall have full
power to adjust the grievance and its decision thereon shall be final and binding
upon the person submitting the grievance and upon all parties hereto.
702.3
The procedures provided in this Article VII, paragraph 702, shall be invoked
only by individual employees or applicants for employment and then only with
respect to grievances involving the provisions of Article IV of this Agreement.
The Hiring Grievance Committee shall not have authority to review any matters,
either on motion of any party or on its own motion, or make any recommendations
which would add to, alter, vary or modify any of the terms or provisions of
this Agreement.
California Shortline Agreement
May 1, 2014
to April 30,
2017
12
ARTICLE VIII - JURISDICTIONAL DISPUTES
801.
In the event of any dispute between Local Union 250,460, 342 and 246 of the
United Association of Journeymen and Apprentices of the Plumbing and Pipe
Fitting Industry of the United States and Canada as to the jurisdiction of the work
performed by the Contractors, such dispute shall be referred to and settled by the
United Association.
802.
In the event of any dispute as to jurisdiction of work covered by the terms of this
Agreement, by reason of any such work being claimed by a Union or Unions
other than the United Association, such dispute shall be referred to the Local
Unions involved for determination within four (4) working days of receipt of
telegraph communication to the Contractor. If the Business Representative of
the Local Union having the assignment refuses to meet to attempt to resolve
the matter, the work in question shall be assigned to the United Association.
However, if the Business Representatives of the Unions involved do meet and are
unable to resolve the dispute, such dispute shall be referred to the International
Unions involved for determination and the work shall proceed as assigned by the
Individual Employer until such determination by the International Unions has
been made. A decision by said International Unions in any given jurisdictional
determination shall be implemented by the Individual Employer involved.
ARTICLE IX- HOURS OF WORK - SHIFTS
901.
SINGLE SHIFT OPERATIONS - Where a single shift is worked, eight (8)
hours of continuous employment from 7:00a.m. to 5:00p.m., except for
lunch period, shall constitute a day's work. Forty (40) hours shall constitute a
workweek, Monday through Friday, inclusive.
902.
MULTIPLE SHIFT JOBS - Where or when it may be necessary to work
two or three shifts for a period of not less than five (5) consecutive workdays, the
second shift shall be paid at the rate of eight (8) hours pay for seven (7) hours
worked, and the third shift shall be paid at the rate of eight (8) hours pay for
seven (7) hours worked. Thirty-five (35) hours shall constitute a workweek for
the second and/or third shift. For the purpose of this Article and of Article X,
the shift which begins at approximately 12:01 a.m. Saturday shall be considered
a Friday shift; the shift which begins at approximately 12:0 I a.m. Sunday shall
be considered a Saturday shift; the shift which begins at approximately 12:01 a.m.
Monday shall be considered a Sunday shift.
903.
CHANGING STARTING OR QUITTING TIME BY MUTUAL CONSENT By mutual consent of an Individual Employer and the Union, the starting time
or quitting time of any shift, including a single shift may be changed for all or
any portion of a job. For the purpose of this Article and of Article X, the regular
workday for the job, or portion thereof to which any such change of starting time
California Shortline Agreement
May 1, 2014 to April 30, 2017
13
applies shall begin with such agreed starting time.
904.
An Individual Employer may work ten (I 0) hours per day, four (4) days per
week, at the straight time rate, either Monday through Thursday or Tuesday
through Friday. All time worked after ten (IO) hours will be paid at one and
one half (I Yi) the straight time rate. All time worked on the non-scheduled
workday (Monday or Friday) and Saturday will be paid at one and one half (I Yi)
the straight time rate. Any time worked on a Sunday and a designated holiday will
be paid for at double the straight time rate. Once the days for this shift have been
established, they will not be changed without the mutual consent of the Employer
and the Local Union. If any other crafts work overtime on the job site, the U.A.
shall be paid overtime also.
ARTICLE X- OVERTIME
1001.
All work in excess of eight (8) hours on a single shift or on the first shift (in
excess of seven (7) hours on the second and third shifts) or for hours worked in
excess of the regular weekly hours as set forth in Article IX shall be paid at one
and one-half (I Yi) times the straight time hourly rate, until employee has had an
eight (8) hour break, Monday through Friday.
1002.
Employees who work on Saturday shall receive one and one-half (I Y2) times
the straight time hourly rate for such Saturday work. Employees who work on
Sunday and on designated holidays ~hall receive double th" straight time hourly
rate.
1003.
Employees who work before or after regular established shift hours, without also
working on that day all their regular established shift hours shall receive time
and one-half (I Yi) for work before or after their regular established shift hours by
reason of such work being normally in excess of that performed during regular
established shift hours, as set forth in Article IX.
1004.
It is agreed that the Contractor shall notify the Local Union of "SCHEDULED"
overtime work.
ARTICLE XI - HOLIDAYS
1101.
THE FOLLOWING DAYS ARE RECOGNIZED AS HOLIDAYS:
NORTHERN CALIFORNIA: New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day
and Christmas Day.
California Shortline Agreement
May 1, 2014 to April 30, 2017
14
SOUTHERN CALIFORNIA: New Year's Day, Memorial Day, Veterans Day,
Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving
Day and Christmas Day.
If any of the above listed holidays fall on Sunday, the Monday following shall be
considered a legal holiday.
ARTICLE XII - REPORTING TIME
1201.
Any employee reporting for work at the regular starting time and for whom
no work is provided shall receive pay for two (2) hours at the regular straight
time rate for so reporting, unless he has been notified before the end of his last
preceding shift not to report. Any employee who reports for work and for whom
work is provided shall receive not less than four (4) hours pay; and if more than
four (4) hours are worked in any one day, shall receive not less than eight (8)
hours pay therefor.
1201.1
Any employee reporting for work at the regular starting time at the job, and
for whom no work is available due to weather conditions, shall receive two (2)
hours pay for reporting time. To be eligible to receive such reporting pay, the
employee must check in at the job at the regular starting time and remain there
for two (2) hours.
1201.2 In order to qualify fer the pay period provided in this subparagraph, the
employee must remain on the job available for work during the period of time for
which he receives pay, unless released sooner by the Employer's principal
Supervisor.
1201.3
After starting to work and work is stopped because of weather conditions, the
employee shall receive pay for the actual time on the job, but in no event less than
two (2) hours.
1201.4 The Employer shall have the sole responsibility to determine availability of work
due to weather conditions.
1201.5
When the conditions set forth in this paragraph occur on an overtime day, or on
shift, the premium rate shall be paid.
1201.6 Drug testing and pre-employment orientation and training for the employee to
take, shall be paid for all the actual hours to complete this task at the straight time
rate. If this task is performed during overtime hours or holiday hours, such testing
or training shall be paid at the appropriate overtime rate.
1201.7 The parties agree that the issue of "show up" time may be discussed at a later
date.
California Shortline Agreement
May 1, 2014 to April 30, 2017
15
ARTICLE XIII- PAYMENT OF WAGES
1301.
All moneys owed shall be due once each week, employees to be paid by the end
of their regular shift, whether working in a shop, Contractor's yard, or in the
field. When men are laid off or discharged, they must be paid wages due them at
the time of layoff or discharge in accordance with the provisions of the California
Labor Code.
1302.
Any employee injured, on the job or shop, to the extent of requiring a doctor's
care, and which injury prevents him from working, shall be paid a full day's
wages for the date of injury.
ARTICLE XIV- WELDING TEST
1401.
Whenever any welding test is required of any employee by an Individual
Employer, the Union agrees that, upon being requested to furnish men for such
test, it shall supply only workmen who are experienced in pipeline construction
work, unless otherwise expressly agreed to by the Individual Employer.
1401.,t Before any Welder is given a test for qualifi.c,ation he shall-be placed on Employer's
0
payroll and shall receive four (4) hours pay at the straight time rate regardless of
the outcome of such test; however, no fringe benefit contributions are required
unless the test is passed. Where a Welder successfully completes a qualification
test and no other work is available, he shall receive a minimum of eight hours pay
for the day's work. If more than 8 hours are required to pass the test, actual hours
will be paid up to a maximum of 24 hours. Time spent on re-certifications will
be paid for actual time. No Welder shall be required to run their own heat while
taking a welding test. If help is required to make a joint, help shall be provided.
All help shall be employees performing work under this Agreement.
1401.2 This section will apply when initial qualification testing for welders is performed
prior to the welder being dispatched to an employer and will only apply when the
test is successfully completed. Upon being dispatched, the welder, his apprentice,
or his helper shall be paid wages with fringe benefit contributions for the amount
of hours allotted by the customer for testing, at a minimum of eight (8) hours
and with a maximum of twenty-four (24) hours. Upon dispatch, the Union will
inform the employer of the amount of hourly pay and contributions for the welder,
apprentice or helper. Contractors will not be double billed for this pre-qualification
testing.
California Shortline Agreement
May 1, 2014 to April 30, 2017
16
ARTICLE XV - HELPERS
1501.
All Helpers must obtain a proper clearance from the Local Union having
territorial jurisdiction over the areas in which the job or project is located prior
to commencing work.
1502.
Employer may transfer one Helper or Pre-Helper for each five (5) Helpers
employed, from the area of one Local Union to the area of another Local Union.
If any additional Helpers are required the Employer shall obtain them from the
Local Union having area jurisdiction.
1503.
The Union agrees that the Local Union having jurisdiction over the area in which
the job is located shall furnish promptly the number of Helpers requested by the
Individual Employer.
1504.
The Contractors and the Union agree that they shall proceed to negotiate and
agree upon Helper standards adaptable for the pipeline industry. If found practical,
such standards, when agreed upon, shall be adopted as a part of this Agreement.
1505.
When practical and mutually agreed upon by the contractor and the local union
where the work is being performed, Helpers can weld on casings, flow lines and
other non-NDT lines and can be assigned rougch cutting and beveling on take up
work. Contractors desiring to assign work under this section must contact the
local union in advance of the start date of the project and any agreements fdr
manning this work reached between the parties must be confirmed in writing. The
paiiies recognize that violations of this section are considered serious and subjects
a violating contractor cited before the Joint Conference Board to payment of lost
journeymen wages and benefits as well as loss of prospective utilization of this
section.
·-y
ARTICLE XVI- STEWARDS
1601.
The Union shall notify the Contractors of the appointment of each Steward in
writing. When the Employer starts a new job the second employee of the Local
Union having jurisdiction shall appoint a new Steward for such job. The Local
Union shall have sole discretio~ in selecting such Steward. Although the Steward
need not be selected from an existing crew, the Union shall consider existing
employees as Stewards.
1602.
Before transferring, laying off or discharging a Steward, the Employer shall
notify the Local Union, in writing, of its intention to do so at least twenty-four
(24) hours in advance of such intended action. The person appointed Steward
shall not be laid off as long as there is work on the job he is capable ofperforming.
California Shortline Agreement
May 1, 2014 to April 30, 2017
17
1603.
Stewards are expected to be competent Journeymen and to do the natural amount
of work required of other Journeymen, with the exception of a reasonable amount
of time to perform their proper duties. There is no such thing as a roving or nonworking Steward. Stewards shall be on the job at all times if qualified and tested
to perform the work required. Stewards shall receive $1.00 over scale, but there
are no "top hours" requirements.
1604.
The normal duties of a Steward shall include, but are not limited to, receiving
and investigating grievances that arise under this Agreement, ascertaining that
work covered by this Agreement is performed by employees covered by this
Agreement, and seeing that the men employed on the job have the proper
referral slip and have paid dues as required. Once per month, a Steward shall be
permitted sufficient time to check the members' dues on the job to ascertain that
they are in order.
1605.
If the Steward receives a complaint that employees not covered by this
Agreement are performing work covered by this Agreement, or if a man on the
job files a grievance with the Steward, the Steward shall be permitted a reasonable
amount of time to investigate the complaint or grievance and to present the matter
to the Contractor representative in charge of the job and request correction.
1606.
Stewards shall not argue with the Contractor representative and shall not take any
action on.their own initiative,;.but shall report matters to their Local Union office
that are n6t corrected upon re·q~est.
1607.
Stewards are not authorized to leave their normal place of duty to check status of
any employee not performing work covered by this Agreement. No Steward shall
be assigned to more than one job or project.
ARTICLE XVII- FOREMAN
1701.
The appointment of Foreman from employees covered by this Agreement is the
responsibility of the Individual Employer and shall not be interfered with by the
Union.
1702.
It is expressly understood that when and if a Pipe-gang Foreman, a Tie-in
Foreman and/or a Testing Foreman is used, he shall be an employee covered by
the terms of this Agreement and shall receive the appropriate Foreman hourly
wage rate.
1703.
When three (3) Journeymen are employed, one shall receive the Foreman's hourly
wage rate and shall be allowed to work with the tools of the trade. After six (6)
Journeymen are employed on the job, the Foreman shall not work with the tools,
except in an emergency. Foremen shall be Journeymen covered by this Agreement.
California Shortline Agreement
May 1, 2014 to April 30, 2017
18
"Oil,'° I
D1;1fi nili_nn ·Of \1'1~11': 'Vt.Jvi;ir.r;iij
~inder \M~ N1dku:11;11' PiF}iil
Agffl.~inenl &':l. definei:J b'IJ the Utrll.ed Maoc1a.
tt.<:m r:rf Jo1.1rneymi;in .;md Appn:o11tlc~~ -Of th.i;i Pill n1-
u11e
_
_,,··
blt1g aind :Pi!>f!fl!ltlfll} llldf:J~Lf_y G1 tile. United SL'l{OS
;11nd Cana® ,and tl)a Pl;pe l.Jn-8; ContrE:iotor.s MsocJn.
lion d01focl J;;inu·:t")' 30, 1957 .i!> ;:imr:inrd.:ld
i, 1978
Dtic:.~mh<":r
LAKE OR RIVER
It i'-'i undornt-ood that ~·hG-1.Jld'
l11!.erpr~t~Ho11
an~·
·«f.i
o.r 'l.lll!lriflciatiar1 ol:lf
ti'ifs pipellna dafinition be nee-dad,
if :<:hc:i1•lcl t,.:.~ .11~:,1l opi:ni b:1·· 1ha
princl~I parln~s. to the N:S"itonal
Pi1Ja l.in1;1 A{ir'2113m1;mt.
·'
c1·1Yt1~11r
PDHff OF T'SR\llNATIOfl
TAHK FARM
1.
I
P.L
~/f3
\_._ i>tJMf'l
\)'ffitlON
0
\..._ PROP;f;'.RT'(
l!HE
---······
·-··
,.-··
..
--·
RIVER
.-···
LEGEND
BLUE= PIPE LINE·P.L.
RED~ BUILDING TRADES·B.T.
Where Blue lirt,\J does not go throltgh Re<I - Blue will go
Into Red up tdthe first valve or connr::H:::tfon.
DISTRIBl
This is tit~ work co•'er
Pipe Line Agreement and i
Gas PrOdvctfon Wells
Dellydration Plant
Cit Limits-...
frtdusttial
I
DD
I
I
DISTRfB!.tnON
t:l
t town Bordw St<l'tion lMelw, Hoo~
'· iowqt ll~dil,rrri ~i~ni M.:;l(n~ ~
-3,_ llOl'!f-!!~t; $~ ~ ltldlHf~ f~.m
4:. Ci=iorm&rda:J ~tim!s ln.clu-de
r+
$-. lndmlr41f wftfrk!_ Medlt.lm PM$Sl1.tti L
q_ '111'¢ ntp.x-
7_ Regui>i:rtrng Vaults Wiihf« a Uiw w M
-8 S.h-oppi'nf! C<ent<.v ~ to &<ill: &tf.4ing ·
~
I t . I ~ ~""'*' ~ ~
--------L---------------
f:!(lil.mffG TR4Q
()ffitfi-O·'"'fan-
1, Dom-0:i:rk P1):;<Jng~~rtoom qf4fe1
2.
City Umits_~-
Corttrr>~f4!PipfffgOawtr#~i>f«
1. /fKljtsttklf Pl)A11f1 l>oWttStt"&-Sm of Mei
•( COfJtp.re~'(lr .St-atk>n ·AH Piping wiJt
~PIPELINE
·he N11tio11al Distribution
ted ht!re simply for referonee.
/
\
Gas Storaw Fi&ld
:onwressor St:aJion
// AFlJ~~
.·.""'·.
:~
j()[I.'
I.-~.,..,,..~---.,,,.~~--'
OittribuUon
I
I
X
Valv.:s
------------i.)-c:)-------""--··--···--.
·~--···~"
! f;,un1 Tap
~----
toisv-fbufion
rt
Residf!/lCI!$
.....:::Jl:"t'!('hlP'' ~.....~ ...-... ....
Win.bi~
l'µ!M~
('!illA,l;IA
MN/I Ullfi PIPE
!dr.t~r
1. High Pt6A%Uff!Pfpe: Unei:iJc;a fon·l'l fl&derSfijtfQfl
';, Hip# Pr~~ro Thn:11.1gtr •mef $t;-yand T¢o.m a'Grm-1 StJ.tfQ!I
.1. High Pf"~$U'~ Trt1mif.:r Miriu wflhoi'.Jf Plt\n:tit'C R«foctiQn
l11tor d: Mwer
ifN. tiMmr or Mmer RW1
4. High P1~rte L~o,ps
$. A)f GM1i;Wo9 ~' S1(1U_9>3
t.S.
Sy~J<f,m i11~hf.ff,os.
W<t:"~f fff:;id PJpitig, Sctubbim:, Tr,,-p'!i, fJ'lC.
Hc..1t<or
Wll OF J~JfS:~ 1iHC> ""1'~.t1rt1¢U. QT Tm;
Afll:t rl,.l' i'tt'tlliO ~T•Y DJ"
tlt.'l'titi:I cj.'t11tN ;Ii,~
tf@ r£
TI!""
ff ?f!em
-7p;ro;~,_~...;:t,>.,.,
o....~..1 ;....,.1,,...
_
_.~r......., t.1'n11.-.o..-~
tfq<>llil:tt.1!j_~;1 ...
--,if'""'""'>-ii<'-'Ui11'1""---J;-.;f;t"~ *•«*l>•·1
"GAS" II
Definition !If vo10rk CO'lered u:m:t-ar the Natia.naJ f'~p~
Lina Agre"Eiment. as defimid Dy the United A.:e.soct.etion of Joumeym-eon .;:ind Appr·antioes: of the Plum.
bit:ig unod Pipe:friting I nd-wsb)' of the Un.ited :Stnla;:;
~ui~i Crm.t1d~ <\;lid ttt-0 Pip~ L:itl~} etintrt.1ct.Q~.A.St;c1el;;~
th:>n cjrjtcd J.~nt.i:)ry 20, 1957 atil a11ie11dL'ld .DL'le;mmb•~r
1. 1918.
Ith understood th...t. should -<'!ny
it1l~rpMi'tJtJn er ci~rif!c:.;TI;l¢1'1 of
thl:ii· pipelll~edetlnltlon be: »t:!CJdcd,
itS~lOUh::l! l;i;e agr.eed Upon tiy ltle
principal psrliea to the National
P'ifl'E' LinE< A{lreeom-ent.
.,~,,(:'
#'"
--~~~-
'"
.!!
'·
.;;;<"
!=LOW
METER~
GAS .EX'llV1CTKlt--I
Mtt.1'1$fHNG
STATl'ClN
QA$ \'fELl..$
illt-411
-----·····-'
LEGEND
BLUE• PIPE LINE-P.L.
RED• BUILDING TRADES·B.T.
Where Blue line does not go through Red - Blue will gc
Into Red up to tlie first valve or connection.
ARTICLE XVIII -TRAVEL PAY AND STAND-BY PAY
1801.
Whenever, on any work being performed because of conditions created by the
individual Employer, he requires any Journeyman or Helper to standby, such
employee shall receive for each workday of the standby expense, a sum equal to
two (2) hours straight time pay. These payments are not required if the employee
is notified prior to the end of their prior shift that they should not report to work
again until a specific future date.
1802.
If the Employer requests that the employee standby the job due to inclement
weather, the employee shall receive two (2) hours per day at the straight time
pay. These payments are not required if the employee is notified prior to the end
of their prior shift that they should not report to work again until a specific future
date.
1803.
The amounts provided in Article XVIII shall be paid every week with the
corresponding week's wages and, at the option of the Employer, may be on
separate checks.
1804.
Any employee staying out of town, with the approval of the Employer and the
concurrence of the Union, will be reimbursed at the rate of $103 .00 per day
for Welders and $70.00 per day for Journeymen, Helpers, and Apprentices.
Special circumstances may be discussed at the prejob conference. This flat rate
subsistence payment is intended to compensate employees for meals and lodging
while staying overnight away from home and is conditioned upon the employee
actually staying overnight away from home and providing the Employer with
business issued receipts evidencing legitimate hotel or motel lodging and
meal expenditures. This subsistence payment will not be used to compensate
employees for traveling to or from the jobsite.
ARTICLE XIX- HEALTH & WELFARE. PENSION.
JOURNEYMAN TRAINING. VACATION & HOLIDAY.
and INTERNATIONAL TRAINING FUND
1901.
HEALTH & WELFARE:
Southern California Pipe Trades Trust Fund; Pipe Trades District Council No. 36
Health & Welfare Fund; VA. Local 342 Health & Welfare Trust Fund.
1902.
PENSION:
Southern California Pipe Trades Trust Fund; Pipe Trades District Council No.36
Pension Trust Fund; U.A. Local 342 Pension Trust Fund; National Pension Trust
Fund.
1903.
JOURNEYMAN TRAINING:
Southern California Pipe Trades Helper & Journeymen Training Trust Fund;
California Shortline Agreement
May 1, 2014 to April 30, 2017
23
Pipe Trades District Council No. 36 Helper Training Fund; U.A. Local 342
Journeyman Training Fund; United Association Journeyman Training Trust Fund;
International Training Fund.
1904.
VACATION & HOLIDAY:
Southern California Pipe Trades Trust Fund; Pipe Trades District Council No. 36
Trust Fund; VA. Local 342 Vacation and Holiday Trust Fund.
The contributions into Vacation and Holiday Fund shall be considered wages,
and shall be used for paid vacations and holidays.
Contributions into Vacation and Holiday Trust Fund shall be based on the
employee's hourly wage rate, including premium pay on hours worked.
1905.
Contractors agree to pay to the United Association Journeyman Training Trust
Fund the sums due and in the amounts and manner provided in this Agreement.
Contractor further agrees to comply with all the terms set forth in the Agreement
and Declaration of Trust establishing the Fund, and any amendments,
modifications, extensions, supplementations, and renewals of said Agreement and
Declaration of Trust and said Agreement and Declaration of Trust is specifically
incorporated by reference and made a part of this Agreement. Contractor further
agrees to removal and substitution of Trustees as provided by the Agreement and
Declaration of Trust establishing the Fund.
' 1906.
ContraQtors shall contribute into the appropriate Health & Welfare Fund, Pension
Fund, and, for the purpose of training Journeymen in this industry, into the
Helper and Journeyman Training Fund the amounts shown in Appendix A, for
each employee covered by the terms of this Agreement for each hour worked,
including each hour worked in excess of the regular eight (8) hour day, effective
the first full payroll period following the date shown; the contributions to be paid
into whichever of the above named funds having jurisdiction.
The Contractor agrees to abide by the reporting procedure as set down in each
Trust Fund Trust document. It shall not be a violation of this Agreement
for the Union to remove employees covered by this Agreement from the
Contractors projects if the Contractor is found to be delinquent in any Trust Fund
contributions, provided Companies are notified by registered letter forty-eight (48)
hours prior to any action being taken.
1907.
INTERNATIONAL TRAINING FUND OBLIGATION:
In addition to the individual Employer's obligation to contribute to Local
Apprenticeship or Training Funds, the individual Employer agrees to pay and
contribute to such International Training Fund the sum of five cents ($.05) per
hour for each hour of work performed by all employees in the employ of the
Employer. Payment of said five cents ($.05) per hour into the International
Training Fund shall be effective on January 1, 2000. The International Training
California Shortline Agreement
May 1, 2014 to April 30, 2017
24
Fund shall be controlled and administered by a Board of Trustees composed of
an equal number of Employer and Union representatives. If a Local Collective
Bargaining Agreement requires contributions to the Plumbers and Pipefitters
National Pension Fund, the Employer shall make its International Training
Fund contributions to the Plumbers and Pipefitters National Pension Fund
as a collective agent of the International Training Fund. If the Local Collective
Bargaining Agreement does not require contributions to the Plumbers &
Pipefitters National Pension Fund, the Employer shall make its. International
Training Fund contributions to the Local Fund Benefit Office where they will be
forwarded to the International Training Fund.
1908.
JOINT ARBITRATION BOARD:
The parties to this Agreement accept the jurisdiction and authority of the Joint
Arbitration Board established by District Council 16 and Plumbing and Piping
Industry Council over Southern California Pipe Trades Trust Fund, subjects defined
as follows:
a) Overall questions regarding any provisions in any collective bargaining
agreement "approved" for participation in the Trust which relates in any way
to the Pipe Trades Trusts, including but not limited to the making of
contributions to the Trust;
--~·
b) Overall demands by the Trustees for the payment of contributions, for delinquent
contributions, for audits of contributing Employers and related ~ntities, for costs
including audit and other collection costs, for interest and for attorney's fees.
The parties to this Agreement agree that damages for all grievances for breaches
of this Collective Bargaining Agreement shall be payable as additional revenue
contributions for the Retirement Fund Trust where no identified grievant-employee
is determined eligible for such damages.
ARTICLE XX- CONFLICTING CONTRACTS AND GENDER REFERENCES
2001.
This Agreement contains all of the covenants, stipulations and provisions
agreed upon by the parties hereto, and no agent or representative of either party
has authority to make, and none of the parties shall be bound by or liable for,
any statement, representation, promise, inducement or agreement not set forth
herein. Any provision in the working rules of the Union, with reference to the
relations between the Contractors and their employees, in conflict with or
imposing conditions of employment beyond the terms of this Agreement shall be
deemed waived. Any such rules or regulations which may hereafter be adopted
by the Union shall have no application to the work hereunder.
2002.
Should any provision of this Agreement be declared illegal by any court of
California Shortline Agreement
May 1, 2014 to April 30, 2017
25
competent jurisdiction, such provision shall immediately become null and void,
leaving the remainder of the Agreement in full force and effect and the parties
shall thereupon seek to negotiate substitute provisions which are in conformity
with the applicable laws.
2003.
Whenever any words are used in this Agreement in the masculine gender, they
shall be construed as though they were also used in the feminine gender.
ARTICLE XXI - EQUALITY OF TREATMENT OF CONTRACTORS
2101.
The wages, hours and working conditions herein set out shall be recognized by
both the Contractors and the Union as prevailing throughout the State as to the
type of work covered hereby. If any other Contractor employer association is
granted more favorable wages, hours or working conditions within the State by the
Union for the type of work covered hereby, then such more favorable conditions
shall apply to and become a part of this Agreement.
2102.
In order to be more competitive in certain areas in the State, the signatory
Contractors hereto, and the four Local Unions in the State of California who have
pipeline jurisdiction, Locals 250, 460, 246, and 342, may mutually or individually
agree to put in effect, special project agreements for specific areas or projects.
These project agreements shall apply to the area or project for the period of time
to be establishei~ by th;;.principle parties ..
ARTICLE xxrr - UNION'S RIGHT TO CHECK JOB SITE OPERATIONS
2201.
The Business Representative of the Local Union having jurisdiction over the area
in which any job is located shall have access to the job site during working hours
for the purpose of checking the members of the Union and the manner in which
the terms of this Agreement are being complied with. If any conditions requiring
adjustment are observed, he shall report them only to the Individual Employer,
or his authorized representative, and shall not interfere with the work of any
employee.
ARTICLE :XXIII - EFFECTIVE AND TERMINATION DATES
2301.
This Agreement shall become effective May l, 2014, when signed by the parties
hereto and shall remain in full force and effect until its termination as provided
herein below.
2302.
The provisions of this Agreement shall continue in full force and effect until
April 30, 20 l 7, and thereafter from year to year unless terminated at the option
of either party after sixty (60) days notice in writing to the other. The parties
agree to reopen this Agreement, upon written notice given no more than ninety
California Shortline Agreement
May 1, 2014 to April 30, 2017
26
(90) but no less than sixty (60) days prior to April 30, 2017. No provisions of the
Agreement shall be subject to re-negotiation, unless mutually agreed to by the parties.
ARTICLE XXIV - CLASSIFICATIONS AND HOURLY WAGE RATES
(See APPENDIX A)
2401.
Appendix A to this Agreement sets forth the hourly wage rates and fringe benefits
for the classifications covered by this Agreement. The total cost to the Employer for
wages, Health & Welfare, Pension, Vacation & Holiday, and Journeyman Training
payments shall be uniform throughout the State but shall be decided differently
between wages and fringes in the area of the four Local Unions. The hourly wage
rate and fringe benefits applicable to each employee shall be determined by, and
correspond to, the area into which his fringe benefits are to be paid as provided in
Article XIX, in accordance with the attached schedule contained in Appendix A.
2402.
If the Employer pays more than what is established under Section 2101 of this
Agreement, said rate shall apply to all employees in that category working on that
project.
2403.
The Dues Check Off for each Local Union shall be as follows:
U.A. LOCAL #460: Kern. lnvo & Mono Counties
Each Employer perforn1ing work under the terms of this Agreell?::C:Pt in the area
of United Association Local Union No. 46\fshall deduct one dollar and nineteen
cents ($1.19) per hour for Journeymen and Helpers, from the hourly wage rate
for each hour worked by each employee employed on work covered by this
Agreement for working dues. Said sum shall be due and payable monthly together
with the contributions required by Article XIX (Health & Welfare, Pension,
Vacation & Holiday, Journeyman Training, and International Training Funds) of
this Agreement, and to such depository designated by the Union. Said Dues Check
Off shall be made by the Employer pursuant to an executed written authorization
executed by the employees.
U.A. LOCAL #342: Oakland
Each Employer performing work under the terms of this Agreement in the area
of United Association Local Union No. 342 shall deduct six percent (6%) for
Journeymen and two percent (2%) for Helpers, of the employee's gross wage for
each employee employed on work covered by this Agreement for working dues.
Said sum shall be due and payable monthly together with the contributions required
by Article XIX (Health & Welfare, Pension, Vacation & Holiday, Journeyman
Training, and International Training Funds) of this Agreement, and to such
depository designated by the Union. Said Dues Check Off shall be made by the
Employer pursuant to an executed written authorization executed by the employees.
California Shortline Agreement
May 1, 2014 to April 30, 2017
27
U.A. LOCAL #250: Los Angeles
Each Employer performing work under the terms of this Agreement in the area
of United Association Local Union No. 250 shall deduct one dollar and nineteen
cents ($1. I 9) per hour for Journeymen and Helpers, from the hourly wage rate
for each hour worked by each employee employed on work covered by this
Agreement for working dues. Said sum shall be due and payable monthly together
with the contributions required by Article XIX (Health & Welfare, Pension,
Vacation & Holiday, Journeyman Training, and International Training Funds) of
this Agreement, and to such depository designated by the Union. Said Dues
Check Off shall be made by the Employer pursuant to an executed written
authorization by the employees.
U.A. LOCAL #246: Fresno
Each Employer performing work under the terms of this Agreement in the area
of United Association Local Union No. 246 shall deduct fifty cents ($.50) per
hour for Journeymen and twenty-five cents ($.25) per hour for Helpers, from the
hourly wage rate for each hour worked by each employee employed on work
covered by this Agreement for working dues. Said sum shall be due and payable
monthly as required by Article XIX (Health & Welfare, Pension, Vacation
& Holiday, Journeyman Training, and International Training Funds) of this
Agreement, and payable directly to Local Union #246 by the 15th day of the
month following the month in which the wages, from which the Dues Check Off
was deducted, were due and payable. Said DuesCheck Off shall be paid by the
Employer pursuant to an executed written authorization executed by the employees.
ARTICLE XXV - COMMITTEE ON DRUGS. ALCOHOL. SAFETY AND HEALTH
2501.
Drug, alcohol, safety and health program for those who work under the California
Shortline Agreement as agreed upon by the Joint Committee.
California Shortline Agreement
May 1, 2014
to April 30, 2017
28
Agreed to this 18th June, 2014
ARB, Inc.
~~
~
SlilfJ)eiine Construction Co.
UALOG!1342
UA Local 460
Doty Bros.
Teichert Pipeline Inc.
GREG QAPINSKI, PRESIDENT
W. A. Rl!slc Corporation
'ti-r-~ ,,,...\4-s.;c.
Pipeline Contractors ASsociation of Cafiforf}ia
£~.
Undergr()llnd Construction
California Shortline Agreement
May 1, 2014 to April 30, 2017
29
Additional Contractors
California Shortline Agreement
May 1, 2014 to April 30, 2017
30
APPENDIX A
AGREEME::Nr NO. 26717
May f, 2014:
L:OCA~ 460 •sHORTLINEAGREEMENf
WAGE ANO fRiNGE BEN!;:FiT SCHEDULE
EFFEC'tlV~. MAY 1, 2014 THRLfAPRIL 30, 201~
T6TAJ,,..
CLASS
WAGE
oUEs
V&H
TRAINING
PE.N.SJON
TAXABLE DG-16.: :·_NAt·L
H&w:
1)$.J
NArL
TOTAL
TOTAL
CED
PIPE
NON-TAX
PKG
REI
XMAS LMCC
~·
FOREMAN
$49.93
{1.60}
$0.00
$49.93
$7 ..15
$300
$1,96
$1.SQ
$0~ 10
$0.65 $0.00 $0.00
_$0.55
$20.91
$70::84
JoURNEYrviAN
$45.92
{1.60}
$0.00
$45.92
$7.15
.$3.00
~7.B6
$1.50
$0.10
$0:65 $0.00 $0.00
$0.55
$20.91
$0$.83
HELPER
$24.11
{f60}
$0.a·o·
$24.ff
$5.08
$2.10
·$7.96
$_d,t1
$0:10
$0;65 $0.00 $0.00
$0.,45
$17.05
~1.1_6
P.RE-HELPER
$15.70
{1.6Q}
$0•00
$15.io
$0.00
so.oo
$7,96
$0.71
§10.1.0
so:oo
$0.45
$~c1;2.
$2_4.8?
$18:66 ··•,$0.00
$-0.00 $0:00
FirslYSat -
11~ 12
{1.10}
$1.54
$(1.:)8
-$0.dO
$0.BS
$0.10
$0.QO $0.10 $0.30
$b.43
$1.99
$20.65
Second Year
"fs.03
{1-60}
$1.84 - - $.20~8?
$0.00
. $0.38
$7•96
$b-.:75
$0.10
$MO $0.10 $0.-30
$0.49
$10.08
$30.95
··:"Third Ye~r ,.
Fourth :Ye;:1r.
·Afth Year
2,2.83
{L~O}
$_2,t4·
$24):q_.
$3.54
. $0.90
·'$7.96.
$0.76
$0:10
$0A9 $0.10 $0;30
$0.49
$14.M .·. $39.61
·2e.64
{1.60)
$2.43
$29.07
$3.87
$0.90
$7.9$
$0.81
$0:10
~0:54.
$0,10 $0.30
$0.4.9
$1fL07
$44,14
.30.44
{1.60}
$273
$30.17
$4.24
$0.90
. $7.96.
,$0.84
$0:10
$0o60 $0.10 $0.30
$0.49
$1~:~3
. $48.70
V&H:cONTF,UBUTIONS
ON ALL ovERTIME.PA!D"AiTtME ANo:oNE H~LF:
i::FFECTIVE:JULY 1;2010 IF' AUTHORIZED BY-AN:EMPLOYEE':SIGNAT.URE GARD; THE EMPLOYEE'S VAC,l\TION AND HdUDAY CON.TRlBlJTION Will BE..
REotJCED
BY"$0.0~f PER HouR-:ANo THrs:AMOuNt: .W1LLSE Fo~WARo.Eo. Tb. nit uN1TEo ASSOCIATION p.ol·IT!CAL EDUCATION.FUND:
.. EFFECr1~ JuLY 1·. 2qo? IF AUT~bR1z1=~ BYAN EMPLCl~EE s1~·~A'tuRe
c~~o; Tt:tE E~:PldYEE'S v~cAr1o:N A~o HouoAY~coN~R1su.r10N ·WILLB.E
REDU:CED ..BY $ 0.bt PER HOUR AND. THlS. AMOUNT: Will BE FORWA~[)EDTO·THE O!SlRIQT·C.OUNCIL 16 POLITICAL EDUCATION FUND .
0
• 01STRICT~:9uNc1L DUES CHECKOFF $0.95PLUS:AN·Aqo!T10NAL D~~s CHECkOfF OF $q.65~0R ALL JOURNEYMEN TOTAL OF $1.60
~- P.lUMBERS AND PIPEFfITER-S NATIONAL PENSION FUND
•;..•:u.A...NATIONAl.. TRAiNiNG
FUND
.
.
$1ci3~0o PAID PER DAY FOR WELDERS' AND $70,00 PER oAY;FOf.(JOURNEYMANANO"H~LPERS.
TRAVEL:,PAY:
·Rev!SedAprii~_,2014·~~
.
7
¥7£1r
California Shortline Agreement
May 1, 2014 to April 30, 2017
31
APPENDIX A
AGREEMENT NO. 26617
May 1, 2014
LOCAL 250 SHORTLINE AGREEMENT
WAGE AND FRINGE BENEFIT SCHEDULE
EFFECTIVE MAY 1, 2014 THRU APRIL 30, 2015
TOTAL
CLASS
TOTAL
TOTAL
H&W
A&J
NAT'L
XMAS LMCC CED
PIPE
NON-TAX
PKG
$49.93
$7.15
$3.00
$7.96
$1.50
$0.10
$0.65 $0.00 $0.00
$0.55
$20.91
$70.84
$3.32
$45.92
$7.15
$3,00
$7.96
$1.50
$0.10
$0.65 $0.00 $0.00
$0.55
$20.91
$66.83
$2.99
$24.11
$5.08
$2.10
$7.96
$0.71
$0.10
$0.65 $0.00 $0.00
$0.45
$17.05
$41.16
$22.29
V&H
ORE MAN
$46.30
(1.60}
$3.63
DUR NEYMAN
$42.60
(1.60}
IETAL TRADES
$21.12
(0.45}
rst Year
PENSION
18.76
{1.10}
$1.54
$20.30
$0.00
$0.38
$0.00
$0.68
$0.10
$0.00 $0.10 $0.30
$0-43
$1.99
-20.84
{1.60}
$1.84
$22.68
$0.00
$0.38
$7.96
$0.75
$0.10
$0.00 $0.10 $0.30
$pA9
$10.08
$32.76
-f..i5.Cd
{1.60}
$2.14
$27.15
$3.54
$0.90
$7.96
$0:76
$0.10
$0.49
$0.10 $0.30 .$0.•9
$14.64
$41.79
Year
lird Year
RET
NAT'L
DUES
~ond
TRAINING
TAXABLE OC-16
WAGE
>Urth Year
29.18
{1.60} .
$2.43
$31.61
$3.87
$0.90
$7.96
$081
$0.10
$0.54 $0.10 $0.30
$0.49
$15.07
$46.68
fth Year
33.34
:{1.601:
$2.73
$36.07
$4.24
$0.90
$7.96
$0.84
$0.10
$0.60 $0.10 $0.30
$0.49
$15.53
$51.60
~H
CONTRIBUTIONS ON ALL OVERTIME PAID AT TIME AND ONE HALF
=FECTIVE JULY 1, 2010 IF AUTHORIZED BY AN EMPLOYEE SIGNATURE CARD, THE EMPLOYEE'S VACATION AND HOLIDAY CONTRIBUTION WILL BE
=cJUCEO BY $0.05 PER HOUR AND THIS AMOUNT Will BE FORWARDED TO THE UNITED ASSOCIATION POLITICAL EDUCATION FUND.
=FECTIVE JULY 1, 2007 IF AUTHORIZED BY AN EMPLOYEE SIGNATURE CARD, THE EMPLOYEE'S VACATION AND HOLIDAYCdNTRIBUTION Will BE
::OUCEO BY-$0.01 PER HOUR AND THIS AMOUNT Will BE FORWARDED TO THE DISTRICT COUNCIL 16 POLITICAL EDUCATION FUND.
JISTRICT COUNCIL DUES CHECKOFF $0.95 PLUS AN ADDITIONAL DUES CHECKOFF OF $0.65 FOR All JOURNEYMEN TOTAL OF $1.60
PLUMBERS AND P/PEFITTERS NATIONAL PENSION FUND
'U.A NATIONAL TRAINING FUND
tAVEL~PAY: $103.00 PAID PER DAY FOR WELDERS AND $70.00 PER DAY FOR JOURNEYMAN AND HELPERS.
~#7~/
Sf
1
,.;sedApn130,2014
'1 Z<:l I '-I
California Shortline Agreement
May 1, 2014 to April 30, 2017
32
APPENDIX A
PLUMBERS & STEAMFITTERS U.A. LOCAL #246
CALIFORNIA SHORTLINE AGREEMENT
EFFECTIVE - MAY 1, 2014 - APRIL 30, 2015
.·
Contract Date
5/1/1~30/2017
lcLASSIFICATION
Taxable Hourly
Wage (incl dues
ckfoff $1.39/hr)
I
Health
. Pension
&.
Welfare
I
I
Additional
Pension
1-
I
Pension:
Defined
Training
Intl
Training
Cont~ib.
Fund
Fund
I
Appr.
I
I
tabor
Hiring
Mgmt
Hall
Fund
Fringes
Total
Total
Package
I
I
1.25
0.10
0.91
1.00
27.20
70.84
1.35
1.25
0.10
0.91
1.00
27.20
66.83
1.35
1.25
0.10
0.91
1.00
27.20
FOREMAN
43.64
11.03
7.31
4.25
1.35
NELDER
39.63
11.03
7.31
4.25
1ns·STEWARD
40.63
11.03
7.31
4.25
..
39.63
JOURNEYMAN/FITTER
-· 11.03
-~-·~
HELPER 1
24.37'
.8.99
7.31
4.25
1.35
1.25.
0.10
0.91
mo
27.20
66 . 8:3
0.00
0.00
6.20
1.10 .
0.05
0.25
0.20
16.79
41'16
.
HEL.PER2
.
24.37"
8.99
5.20
0.00
1.00
1.10
0.05
0.25
0.20
16.79
TRAVEL PAY: $103.00 paid per day to-Welder for hotel stay and $70.00 paid per day to Pipeline Helper/Journeymah
*Dues ck/off is_ $.85fhr effective 5/1/14. for Helper only
·-NOTE: THERE WILL BE AN ADDITIONAL. $1.00 PER HR INCREASE TO APPRENTICE TRAINING FUND EACH YEAR FOR WORK
PERFORMED ON PSEP PERFORMANCE PARTNERSHIP WORK ONLY.
California Shortline Agreement
May 1, 2014 to April 30, 2017
33
41.16
APPENDIX A
·Plumbers & Steamfitters
UA Local Union 342
935 Detroit Avenue, Concord, .GA 94518-2501
BuSiness Maiiager
Michael Hernandez
·Business Rep.
Der.rick Kualapai
Business Rep.
Mike Mild di
81l5iness Rep.
Robert Bustos
Phone (925) 686-5880
Plu.mber Rep.
Oie Timmons
Fax (925) 635-3710
Refrigeration Rep.
James Bird
Business Rep./Organizer
Obray Van Buren
CALIFORNIA SHORTLINE AGREEMENT ·
Effective 5/1 /14 through 4/30/15
(Contract 180)
. JOURNEYMAN
· Taxable Wage Rate.
(Dues Check Off)
Pension
Health & Welfare
Retiree Health & Welfare
401 (a)*
Health Reimbursement Acct.*
· . LU Training Fund
ITF Training
Total Fringe
SUB-TOTAL
.FOREMAN
Taxable Wage'B.ate
(Dues Check Off)
Pension
Health & Welfare
Retiree Health & Welfare
401(a)*
Health Reimbursement Acct.*
LU Training Fund
ITF Training
Total Fringe
SUB-TOTAL
HELPER
. Taxable Wage Rate
· (Dues Check Off)
Pension
Health & Welfare
401(a)*
LU Training Fund
Total Fringe
SUB-TOTAL
OVERTIME: All work in excess of eight (8)
Hours Monday through Friday and all work
on Saturday paid at time and one-half.
$40.26
(2.01) 5%
11.04
11.33
3.00
1.50
.25
.75
.05
Work on Sundays and holidays paid at
double time.
Fringes are paid on hours worked .
(*All fringes paid at straight time)
27.92
*401a Supplemental Pension and the
Health Reimbursement Account/HRA are
paid at straight time, time and one-half,
and at double time. The 401a andHRA are
· :"
excluded for all tax purposes.
$68.18
$44.28
(2.21)5%
11.04
11.33
3.00
1.50
.25
.75
.05
Dues check-off is deducted from the taxable
Wage rate and remitted once a month to the
Trust Fund.
Dues are deducted and
remitted at straight time, time and one-half,
and at double time.
IMPORTANT: Classification Schedules Atlached.
27.92
$72.20
SUBSiSTENCE:
concurrence of the Union will be reimbursed at
the rate of $103..00 per day for Welders, and
$70.00 per day for Journeyman and Helpers.
Please refer to the California Shortline
Agreement- amen.ded paragraph 1805.
$23.07
(.46) 2%
8.22
9.63
1.00
.43
19.28
CSL:MM:dm:S/2014
$42.35
PRE-HELPER
Taxable Wage Rate
California Shortline Agreement
May 1, 2014 to April 30, 2017
Any employee staying out of
town, with approval of the Employer and the
$17.45
34
APPENDIX A
UA LOCAL342
935 DETROIT AVENUE CONCORD, CA 94519
Phone (925) 686-5880 •Fax (925) 685-3710
CALIFORNIA SHORTLINE WAGE SCHEDULE
Effective 5/1/14 through 4/30/15
(Contract 180)
JOURNEYMAN WAGE AND FRINGES - See dispatch for HRA and Classification
JOURNEYJV!AN: HRA=A (RT# 18068A)
CLASSfFJCATION BASE
38.25
A
II
A
36075
A
IV
3525
A
v
33.75
m
DUES TXWAGE
PENSION
2o0.1
4o.26
lLQ4
2.61
2.01
2,01
38.16
11.04
37.Z6
35.76
11.04
11.04
l~.\iW
11.33
lL33
H.33
I 1.33
l\HW
3.oo
3.00
3.00
3.00
4-0Ja
l.50
3.0iJ
4.50
6.00
HRA
.25
.25
25
.25
Total rk
TRNG
.75
.75
.75
.75
68.18
68.18
68.18
68.18
JOURNEYMAN: HRA = B (RT# 18068B)
..
CLASSJHCAUON BASE
A
37.75
II
36.25
A
Ill
A
rv
34.75
A
33.25
v
DOES J'XWAGE PENSION
39.1{;
2.01
ILM
ll&W
38,26
tL33
2.01
2.0,r
2.01
...
36:76
35.26
)J.04
11.04
!L04
ll.33
l1.3:l
1133
RJlW
3.00
3,00
40Ia
1.50
3.00
3.oo
4.50
3.00
6.00
HRA
.75
.f/$
....75
.75
TRNG
.75
.15
.75
.75
ITF p·
Total Pk
68.18
68.18
68.18
68.18
.05
.05
.05
.05
JOURNEYMAN: BRA=C (RT# 13068C)
Cl-ASS!HCAUON BASE
A
n
31.25
A
35.75
A
IV 34.25
m
A
v
32.75
DUES 1'.XWAGE PENSION
H&W
2.01
2.01
39.26
37.76
ll.33
2.01
2.0'l
!UlW
JJ.:)3
3.00
36.26
.1L04
U.04
IL04
J.00
ll)3
3.00
34.16
iUi4
ll.33
:too
40Ja
1.50
3.00
4.!io
6.00
HRA
TRNG
.75
L2s .75
l.25
.75
L25
.15
1.25
!TF
.05
.05
.05
i; .
.05
JOURNEYMAN: HRA =D (RTll t80681}J
t1-ASSIF'ICAUON BASE
A
A
II
III
JV
A
v
A
36,25
34-75
33.25
31.75
DUES J'X>V A.GE PENSION
~-01
.
,'.1~;26
.2.01
36.76
2.0J
2.01
3;5,26
33.76
lLQ4
l.!:04
l_LM
ll.04
H&W
40la
Uo
3.oo
! l.33
3,QQ
l J.33
3.00
3.00
4,5Q
11.33
3.00
6.00
·2·
California Shortline Agreement
May 1, 2014 to April 30, 2017
RHW
H.!!3
35
HRA
2.25
2.25
2.25
2.25
lrf
.05
T Tots.J_Pk
.15
.75
.OS
,os
68;!8
.75
.75
.o~
6!ug
TRNG
68,18
685&
,•--
APPENDIX A
UALOCAL342
935 DETROIT AVENUE CONCORD, CA 94519
Phone (925) 686,5880 •Fax (925) 685-3710
CALIFORNIA SHORTLINE WAGE SCHEDULE
Effective 5/1/14 through 4/30/15
(Contract 180)
FOREMAN WAGE AND FRINGES - See dispatch fur I:iRA and Classification
FOREl\1A.N: HRA=A
CLASslFICATioN SASE
42.-07
A
ll
A
A
A
ll1
rv
v
(RT# l8069A)
DUES Th-WAGE
2.21
44.2~
PENSION
221
42,78
s9.o7
2,41
41-.~8
IHM
1lc94
ll.04
37.51
2.21
39;1s
U.o4
40.5.7
Hi<W
ii.33
Jl.33
J.L33
rl.33
lU!W
3.oo
4-0!•
l.50
3c00
.3,oo
3.00
450
6:00
:>.oo
HRA
TRNG
.25
.25
.75
.75
.75
.75
.25
.25
I'(F
.os
.05
.os
.05
12.20
72.10
FOEMAN: lIRA = B (RT# l.8Q69B)
Clh5SIFJCATION BASE
A
A
A
A
IT
m
IV
v
4157
40i07
-3&:;;7
37.07
FOREMAN: HR4.=C
CLASSIACATION
A
A
A
A
II
D ES TXWAGIS PBNSJON
43.78
illc.28
4Qi78
39.i!ll
2:21
2.21
2.:41
2.,21
ll.04
1L04
JLQ4
IL04
TRNG
.75
.75
.75
;75
4;50
.75
.75
:75
.05
.75
.05
4-0la
ll&W
4-0ta
6~00
(RT# !8069C)
BASE
PENSION
3.oo
H.33.
3,00
3.00
4.50
l;;OO
m
39,57
IV
38,07
3.6.57
lM4II.Oil
4L07
RHW
3.00
JcOO
iL33
ll.04
Il.04 .. ll.33.
v
!IRA
1:50
3,00
Jl°'W lU!W
11.31
3.00
!L:B" 3.00
l L13
3.00
3;00
IP3
ll3~
1.50
TRNG
T Toti.Ip··
1.25
l.25
l.25
.75
.75
.75
n.20
72.20
J.25
.75
n.20
.05
72.20
FOREMAN: flRA = D ~T# I$069D:)
CLASSIF!CAUON
II
A
A
III
A
IV
A
v
Msa
D!JJ!S
40,07
38.57
2,Zl
37-07
35.57
1XW
..~.zs
. fm!S!ON
~w
4U;1'8
!];04
11:.04
2.21
J.9;28
IL-04
1JJ3
11.33
11.33
;t2l
37;78
ll.04
11.33
2.21
California Shortline Agreement
May 1, 2014 to April 30, 2017
36
lU!W
3,90
:too
3.00
3.00
4-0U
LSO
JcOO
4;50
6.00
HRA
2.25
2.25
2.25
2.25
TRNG
.75
.75
.75
.75
eT Total Pk
12;20
7;2.20
7:t.io
72.20
APPENDIXB
Decision No. I
Because a controversy has arisen throughout the Pipeline Construction Industry as to the proper
manning of hydrostatic testing of pipelines, the question was referred to the Policy Committee for
decision. Having considered the claims and respective interest of all par ties involved, the Policy
Committee has decided that on all hydrostatic testing of pipe lines throughout the United States:
I. The installation of temporary lines other than flexible lines shall be handled by the
U.A.
2. The installation of flexible lines shall be handled by the Operating Engineers.
3. The operation of pumps, gauges and dead weights shall be handled by the Operating
Engineers.
4. The fabrication and installation of manifolds and valves shall be done by the U.A.,
the attachment of the flexible lines shall be done by the Operating Engineers.
5. Nothing herei:ii is intended to affect in any of the work ordinarily and
customarily do~e by the-Laborers and the Tea~~lers.
To certify which we have affixed our signatures this
POLICY COMMITTEE:
California Shortline Agreement
May 1, 2014 to April 30, 2017
37
of _ _ _ _ _ __
APPENDIXC
Letter Agreement
Regarding Welding Rig
Rentals in Connection with
Work Performed by Bargaining Unit
Employees Pursuant to the California
Shortline Agreement
The parties to the California Shortline Agreement, the Pipeline Contractors
Association of California (for or on behalf of their signatory members) and U.A.
Locals 250,460, 246 and 342 agree that in connection with the administration and
application of the California Shortline Agreement, effective by its terms from
May I, 2006 to and including April 30, 2009, that:
1. It shall not be a condition of employment of employees employed to
perform work covered by the California Shortline Agreement for contractors
signatory or bound thereto to provide their own welding rigs.
2. The Internal Revenue Service has determined that welding rigs are,
in essence, "tools of the trade" of employees employed to perform work of the
type covered by the California Shortline Agreement. Consequently, the Internal
Revenue Service has determined that payments made to employees by contractors
on account of such employees supplying their own welding rigs to perform such
work are to be regarded as either (a) reimbursement of employee expenses, or (b)
compensation for services rendered to the employer.
3. For such payments to qualify as non taxable reimbursement of expenses,
payments to employees for use of their own welding rigs must conform to Internal
Revenue Service guidelines detailing an "accountable plan" for payments in
connection with the use of employee supplied welding rigs. The most recent such
guidelines are set forth in Revenue Procedure 2002-41 issued on May 23,2002.
California Shortline Agreement
May 1, 2014 to April 30, 2017
38
4. The parties hereto agree that in order to avoid treatment of payments
made to employees as taxable compensation, employers subject to the
California Shortline Agreement shall pay to employees supplying welding rigs
an amount within the expense reimbursement guidelines "deemed substantiated"
pursuant to Revenue Procedure 2002-41.
5. The parties further agree, that employers shall increase the hourly
expense reimbursement for welding rigs to stay within any new maximum hourly
expense reimbursement guidelines '.'deemed substantiated" by IRS should IRS
modify the expense reimbursement guidelines contained in Rev. Proc. 2002-41 at
any time or times during the term of the California Shortline Agreement.
This Letter Agreement shall remain in full force and effect during the term
of the 2006-2009 California Shortline Agreement and shall apply to any renewal
thereof unless canceled by mutual agreement, in writing, of the parties to
the California Shortline Agreement.
Rig weldiirs shall supply the following equipment as a minimum: we!di~g
machine, welding truck, 100' of stinger and ground leads, grinder, rheostat with
100' of cord, hand torch, hood, leathers, 50' of hoses and gauges.
.;
California Shortline Agreement
May 1, 2014 to April 30, 2017
39
APPENDIXD
The parties recognize that the nature of the work performed under the California
Shoreline Agreement generally requires that the workers carry a Department of Transportation
Pipe Operator Qualification ("OQ") certification. It is further recognized that it is a benefit to
both the members and contractors that members carry on OQ certification and timely recertify.
To that end, each Local Union hereunder shall establish, through its training committee or
otherwise, an OQ training and certification program in its jurisdiction. It is recognized that the
establishment of such programs take time and the Union will attempt to implement it ASAP, but
no later that January I, 2012. After January I, 2012, when requesting workers from the hiring
halls, contractors may require that a member is OQ certified to meet project requirements.
Cost Increases
For Locals 246,250 and 460
Foremen
5/1114 Total Package $70.84
5/1115 Total Package $72.84
5/1116 Total Package $74.84
Journeymen
5/1114 Total Package $66.83
511115 Total Package $68.83
5/1116 Total Package $70.83
Helpers
511114 Total Package $41.16
5/1115 Total Package $42.38
5/1116 Total Package $43.60
'
'"
For Local 342
Foremen
5/1114 Total Package $72.20
5/!/15 Tota! Package $74.20
5/1116 Total Package $76.20
Journeymen
5/1114 Total Package $68.18
5/1115 Total Package $70.18
5/1116 Total Package $72.18
Helpers
511114 Total Package $42.35
5/1115 Total Package $43.57
511116 Total Package $44.79
Local 342 agrees to reimburse the Employers the amount of the difference between their
increase and the increase for the other Local Unions on non PLA projects that have non-union
contractors bidding against union signatory contractors.
Additionally, there is an increase of $1.00 payable to the Training Fund for all journeyman on
PSEP Perfo1mance Partnership work only.
California Shortline Agreement
May 1, 2014 to April 30, 2017
40
INDEX
PAGE#
TITLE
CALIFORNIA SHORTLINE AGREEMENT
ART.
SEC.
1
CLASSIFICATIONS AND HOURLY WAGE RATES
U .A. Local #460
U .A. Local #342
U .A. Local#250
U .A. Local #246
23
23
23
24
24
XXIV
2401
COMMITTEE ON DRUGS ALCOHOL SAFETY AND HEALTH
24
xxv
2501
CONFLICTING CONTRACTS AND GENDER REFERENCES
21
xx
2001
3
II
201
EFFECTIVE AND TERMINATION DATES
22
XXlll
2301
EMPLOYMENT PROCEDURE
Use and Transfer of Original Crews
Right of Union to Request Information About Locations of Jobs
7
9
9
VI
601
606
607
EQUALITY OF TREATMENT OF CONTRACTORS
22
XXI
2101
FOREMAN
18
XVII
1701
10
VII
CONTRACTORS COVERED
GRIEVANCE PROCEDURE
.
XIX
HEALTH & WELFARE PENSION JOURNEYMAN TRAINING
VACATION & HOLIDAY AND INT'L TRAINING FUND
Health & Welfare
Pension
Journeyman Training
Vacation & Holiday
International Training Fund Obligation
Joint Arbitration Board
19
19
19
20
20
21
HELPERS
16
xv
1501
HIRING OF PERSONNEL
Manning
Bending Crew
Lineup Crew
Back Welding
Firewatch
4
6
6
IV
7
7
404
411
411 (b)
411 (c)
411 (d)
411 (e)
HOLIDAYS
14
XI
1101
6
California Shortline Agreement
May 1, 2014 to April 30, 2017
1901
1902
1903
1904
1907
908
41
INDEX - CONT'D
PAGE#
TITLE
ART.
SEC.
HOURS OF WORK-SHIFTS
Single Shift Operations
Multiple Shift Jobs
Changing Starting or Quitting Time by Mutual Consent
13
JURISDICTIONAL DISPUTES
13
VIII
801
OVERTIME
14
x
1001
PAYMENT OF WAGES
16
XIII
1301
PROTECTION OF CONTRACTORS AGAINST STRIKES
7
v
501
REPORTING TIME
15
XII
1201
WELDING TEST
Wages for Welding Qualification Tests
Initial Qualification
16
16
16
XIV
1401
1401.1
1401.2
WORK COVERED
1
STEWARDS
Stewards Qualifications
IX
901
902
903
101
17
XVI
1601
16.04
19
xviii
1801
UNION'S RIGHT TO CHECK JOB SITE OPERATIONS
22
XXll
2201
WAGE RATE AND FBINGE SCHEDULE
U A Local #460
U.A. Local #250
U.A. Local #246
U.A. Local #342
27
27
28
29
30
APP.
A
HYDROSTATIC TESTING
33
APP.
B
WELDING RIG RENTAL
34
APP.
c
OQ CERTIFICATION
Cost Increases May 2014, 2015, & 2016
36
APP.
D
;;;).<TRAVEL PAY AND STANDcBY PAY
California Shortline Agreement
May 1, 2014 to April 30, 2017
42
Additional Notes
California Shortline Agreement
May 1, 2014 to April 30, 2017
43
CITY-COUNTY STATE MAr·
..
SlZt: 8'1 )( U
CAUFO!'!f'llA
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..,,,00.l)QO-• .n
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100.IXXI
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t.
•
..____
l.Ol:IO•!.:QIXI
"-1wo
--~
-
-~--.. ,,__
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_..,..,.,...~----~
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•
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•
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••'4 "'·"' ~
Draft 2
MEMORANDUM OF UNDERSTANDING
The bargaining parties to the California Shortline Agreement agree to the following changes to the
Agreement.
1.
Three year term expiring April 30, 2017.
2.
Section 411a - amend to read: All the leveling, beveling, re-beveling, jobsite fabrication,
lie ski Ag aAs !<Aeeel<iRg ef pipe eRsite, and making of all joints by any mode or method is the work of
the United Association of Journeymen Plumbers and Steamfitters of the United States and Canada.
3.
Add new 411b. On all non-production and /or congested or fabrication work, the hooking and
unhooking of pipe or fabricated material will be assigned to the UA if there are UA members already on
the site.
Re-number the current 411 b, c, and d.
4.
Amend current 411d to read: Back Welding- The premium will be increased to $2.00 per hour
with the understanding that the employee must enter the pipe· amt have the n·ecessity of both" feet
being oft the ground. over (4) hours, they shall get paid for the entire day. The premium for helpers
and apprenhtes will be $1.00/hour with the same restrictions as the welders.
5.
Add 411e as follows: Fire Watch - If the job specifications require a full time fire watch for UA
"hot" work, than such work will be assigned to the UA. This requirement will not apply to intermittent
fire watch work which will continue to be assigned to any available employees.
a.
i\meAa 14Gl.l seEeAEf senteRee ta reaet: 8elere aA'{ WelE!er is giveA a test for ~t1alifiEatieA he
sfiall se fllaced eA t!le offir;leyer's fl3'fFElll ane shall reeeive foo;r (4) !let1rs ~ay at the straight tiffie rate
regaraless of tile et1tEeffie ef st1eh test; fiowever, AO fringe 8enelit centri!lt1tiens are re~Yireet t1Aless tl1e
test is paosea. Wl'lere a welaer sYecessfull•1• eoffipletes a ~YalifiEation test, Fie s1'1all re<ei,'e a ffiiAimYffi
of 8 l10t1FS pay at the apflll<a!lle rate fer tt1at Efa'{ pl>1s fl•'l fer any aaditlanal Aet1rs l'le works en ti'lat Elay.
Ne Welder si1all Ile re~Yires to rwn their ewA fleat wt.lie takiAg a welding te&t. If Refp is reEjwireEI to
ffiake a joint, llelp shall tJe flFOViEfea. All help shall be employee& performiRg werk "REler tloiis
.Agreeffient.
6.
Amend 1401.1 second sentence to read: Before any Welder is given a test for qualification he
shall be placed on the Employer's payroll and shall receive four (4) hours pay at the straight time rate
regardless of the outcome of such test; however, no fringe benefit contributions are required unless the
test is passed. Where a welder successfully completes a qualification test, and no other work is
available, he shall receive a minimum of 8 hours pay for the days' work. If more than 8 hours are
required to pass the test, actual hours will be paid up ta a maximum of 24 hours. Time spent on recertifications will be oaid for actual time. No Welder shall be required to run their own heat while
taking a welding test. If help is required to make a joint, helo shall be provided. All help shall be
employees performing work under this Agreement.
'\
Add Section 1401.2
This section will apply when initial qualification testing for welders is performed prior to the welder
being dispatched to an employer and will only apply when the test is successfully completed. Upon
being dispatched, the welder, his apprentice, or his helper shall be paid wages with fringe benefit
contributions for the amount of hours allotted by the customer for testing, at a minimum of eight (8)
hours and with a maximum of twenty-four (24) hours. Upon dispatch, the Union will inform the
employer of the amount of hourly pay and contributions for the welder. apprentice or helper.
Contractors will not be double billed for this pre-qualification testing.
7.
Amend 1603 Stewards to read: Stewards are expected to be competent Journeymen and to do
the natural amount of work required of other Journeymen, with the exception of a reasonable amount
of time to perform their proper duties. There is no such thing as a roving or non-working Steward.
Stewards shall be on the job at all times if qualified and tested to perform the work required. Stewards
shall receive $1.00 over scale, but there are no "top hours" requirements.
8.
Amend 1804 subsistence to read: Any employee staying out of town, with the approval of the
Employer and the concurrence of the Union, will be reimbursed at the rate of $103.00 per day for
Welders and $70.00 per day for Journeymen,-ilfl<l..Helpers and Apprentices. Special circumstances may
be discussed at the prejob conference. This flat rate subsistence payment is intended to compensate
employees for meals and lodging while staying overnight away from home and is conditioned upon the
employee actually staying overnight away from home and providing the ~mployer with business issued
receipts evidencing legitimate hotel or motel lodging and meal expendj,tures. This subsistence payment
will not be used to compensate employees for traveling to or from the jobsite.
Rig welders: Add to Appendix C: Rig welders shall supply the followlng equipment as a
9.
minimum: welding machine, welding truck, 100' of stinger and ground leads, grinder, rheostat with 100'
of cord, hand torch, hood, leathers, 50' of hoses and gauges.
10.
A sub<::ommittee wiU be fOfmed to discuss S.ec.tion 6.05.
11.
The parties agree that the issue of "show up" time may be discussed at a later date.
12.
A side letter will be drafted indicating that the installation of instruments and/ or controls that
utilize both an electrical and a piping/tubing connection directly to a piping system or vessel, for the
purpose of reacting to the variable characteristics of liquids, gases, or solids may be performed under
the terms of the Shortline Agreement. This may include the fabrication and installation of brackets or
supports necessary for the Installation of the instrument or control.
Cost package: Journeymen increase of $2.00/hour each year of the Agreement to be allocated by each
Local Union. Helper increase will be 61% of journeyman.
Additionally, there is an im:rease of $1.00 per year payable ta the Training fund for alt
journeyman on~ PSEP Performance Partnership work only.
Plumbers & Steamfitters
UA Local Union 342
Business Manager
Michael Hernandez
Business Rep.
Derrick Kualapai
Business Rep.
Mike Mikich
Business Rep.
Plumber Rep.
Robert Bustos
Che Timmons
Refrigeration Rep.
James Bird
Business Rep/Organizer
Obray Van Buren
CALIFORNIA SHORTLINE AGREEMENT
Effective 5/1/14 through 4/30/15
(Contract 180)
JOURNEYMAN
Taxable Wage Rate
$40.26
(Dues Check Off)
(2.01) 5%
11.04
Pension
Health & Welfare
11.33
Retiree Health & Welfare
3.00
401 (a)*
1.50
.25
Health Reimbursement Acct.*
LU Training Fund
.75
ITF Training
.05
Total Fringe
27.92
SUB-TOTAL
$68.18
FOREMAN
Taxable Wage Rate
$44.28
(Dues Check Off)
(2.21) 5%
11.04
Pension
Health & Welfare
11.33
Retiree Health & Welfare
3.00
401 (a)*
1.50
Health Reimbursement Acct.*
.25
LU Training Fund
.75
ITF Training
.05
Total Fringe
27.92
SUB-TOTAL
$72.20
HELPER
Taxable Wage Rate
(Dues Check Off)
Pension
Health & Welfare
401(a)*
LU Training Fund
Total Fringe
SUB-TOTAL
$23.07
( .46) 2%
8.22
9.63
1.00
.43
Work on Sundays and holidays paid at
double time.
Fringes are paid on hours worked .
(*All fringes paid at straight time)
*401a Supplemental Pension and the
Health Reimbursement Account/HRA are
paid at straight time, time and one-half,
and at double time. The 401 a and HRA are
excluded for all tax purposes.
Dues check-off is deducted from the taxable
Wage rate and remitted once a month to the
Trust Fund.
Dues are deducted and
remitted at straight time, time and one-half,
and at double time.
IMPORTANT: Classification Schedules Attached.
SUBSISTENCE: Any employee staying out of
town, wilh approval of the Employer and the
concurrence of the Union will be reimbursed at
the rate of $103.00 per day for Welders, and
$70.00 per day for Journeyman and Helpers.
Please refer to the California Shortline
Agreement- amended paragraph 1805.
19.28
$42.35
PRE-HELPER
Taxable Wage Rate
OVERTIME: All work in excess of eight (8)
Hours Monday through Friday and all work
on Saturday paid at time and one-half.
$17.45
CSL:MM:dm:S/2014
UA LOCAL 342
935 DETROIT AVENUE CONCORD, CA 94519
Phone (925) 686-5880 ·Fax (925) 685-3710
CALIFORNIA SHORTLINE WAGE SCHEDULE
Effective 5/1/14 through 4/30/15
(Contract 180)
JOURNEYMAN WAGE AND FRINGES - See dispatch for HRA and Classification
JOURNEYMAN: HRA =A (RT# 18068A)
CLASSIFICATION
A
A
II
III
A
IV
A
v
BASE
38.25
36.75
35.25
33.75
DUES TXWAGE
2.01
2.01
2.01
2.01
PENSION
40.26
38.76
37.26
35.76
11.04
11.04
11.04
11.04
H&W
RHW
11.33
11.33
11.33
11.33
3.00
3.00
3.00
3.00
401 a
1.50
3.00
4.50
6.00
HRA
TRNG
.25
.25
.25
.25
.75
.75
.75
.75
HRA
TRNG
.75
.75
.75
.75
.75
.75
.75
.75
ITF F rinf!e T
.05
.05
.05
.05
27.92
29.42
30.92
32.42
T 0 tal Pk
"
68.18
68.18
68.18
68.18
JOURNEYMAN: HRA = 8 (RT# 18068B)
CLASSIFICATION
A
II
III
IV
A
v
A
A
BASE
37.75
36.25
34.75
33.25
DUES TXWAGE
2.01
2,0J'•
2.01
2.01
PENSION
39.76
38.26
36.76
35.26
11.04
11.04
11.04
11.04
H&W
11.33
11.33
11.33
11.33
RHW
3.00
3.00
3.00
3.00
401 a
1.50
3.00
4.50
6.00
ITF F rinze T T 0 tal Pk
.05
.05
.05
.05
28.42
29.92
31.42
32.92
"
68.18
'68.18
68.18
68.18
JOURNEYMAN: HRA = C (RT# 18068C)
CLASSIFICATION
A
A
A
A
II
III
IV
v
BASE
37.25
35.75
34.25
32.75
DUES TXWAGE
2.01
2.01
2.01
2.01
PENSION
11.04
11.04
11.04
11.04
39.26
37.76
36.26
34.76
H&W
11.33
11.33
11.33
11.33
RHW
3.00
3.00
3.00
3.00
40la
1.50
3.00
4.50
6.00
HRA
1.25
1.25
1.25
1.25
TRNG
.75
.75
.75
.75
ITF FrinPe T Total Pk1
.05
.05
.05
.05
28.92
30.42
31.92
33.42
68.18
68.18
68.18
68.18
JOURNEYMAN: HRA = D (RT# 18068D)
CLASSIFICATION
A
A
A
A
II
III
IV
v
BASE
36.25
34.75
33.25
31.75
DUES TXWAGE
2.01
2.01
2.01
2.01
38.26
36.76
35.26
33.76
PENSION
11.04
11.04
11.04
11.04
H&W
11.33
11.33
11.33
11.33
-2-
RHW
3.00
3.00
3.00
3.00
40la
1.50
3.00
4.50
6.00
HRA
2.25
2.25
2.25
2.25
TRNG
.75
.75
.75
.75
ITF Frinee T Total Pkt
.05
.05
.05
.05
29.92
31.42
32.92
34.42
68.18
68.18
68.18
68.18
UA LOCAL 342
935 DETROIT AVENUE CONCORD, CA 94519
Phone (925) 686-5880 • Fax (925) 685-3710
CALIFORNIA SHORTLINE WAGE SCHEDULE
Effective 5/1/14 through 4/30/15
(Contract 180)
FOREMAN WAGE AND FRINGES - See dispatch for HRA and Classification
FOREMAN: HRA =A (RT# 18069A)
c LASSIFICATION
A
A
A
A
II
III
IV
v
BASE
42.07
40.57
39.07
37.57
DUES TXWAGE
2.21
2.21
2.21
2.21
44.28
42.78
41.28
39.78
PENSION
11.04
11.04
11.04
11.04
H&W
RHW
11.33
11.33
11.33
11.33
3.00
3.00
3.00
3.00
40la
1.50
3.00
4.50
6.00
HRA
TRNG
ITF Frinf!e T
.05
.05
.05
.05
27.92
29.42
30.92
32.42
Tota Pk
.25
.25
.25
.25
.75
.75
.75
.75
72.20
72.20
72.20
72.20
HRA
TRNU
ITF F.rinee T T ota!Pk
.75
.75
.75
.75
-~c-:75
.05
.05
.05
.05
FOEMAN: HRA = B (RT# 18069B)
CLASSIFICATION BASE
A
A
A
A
..~;~u
c. III
IV
v
41.57
40.07
38.57
37.07
DUES TXWAGE PENSION
2.21
2.21
2.21
2.21
43.78
42.28
40.78
39.28
11.04
11.04
11.04
11.04
H&W
11.33
11.33
11.33
11.33
RHW
3.00
3.00
3.00
3.00
401 a
1.50
3.00
4.50
6.00
- .75
.75
.75
28.42
29.92
31.42
32.92
"
72.20
72.20
72.20
72.20
FOREMAN: HRA = C (RT# 18069C)
CLASSIFICATION BASE
A
A
A
A
II
III
IV
v
41.07
39.57
38.07
36.57
DUES TXWAGE
2.21
2.21
2.21
2.21
43.28
41.78
40.28
38.78
PENSION
11.04
11.04
11.04
11.04
H&W
11.33
11.33
11.33
11.33
RHW
3.00
3.00
3.00
3.00
401 a
1.50
3.00
4.50
6.00
HRA
1.25
1.25
1.25
1.25
TRNG
.75
.75
.75
.75
ITF F.r1ng:e
.
T T 0 tal Pk
.05
.05
.05
.05
28.92
30.42
31.92
33.42
"
72.20
72.20
72.20
72.20
FOREMAN: HRA = D (RT# 18069D)
CLASSIFICATION
A
A
A
A
II
III
IV
v
BASE
40.07
38.57
37.07
35.57
DUES TXWAGE PENSION
2.21
2.21
2.21
2.21
42.28
40.78
39.28
37.78
11.04
11.04
11.04
11.04
H&W
11.33
11.33
11.33
11.33
RHW
3.00
3.00
3.00
3.00
-3-
401 a
1.50
3.00
4.50
6.00
HRA
2.25
2.25
2.25
2.25
TRNG
.75
.75
.75
.75
ITF F.Ylnf!e
.
T T0 tal Pkcg
.05
.05
.05
.05
29.92
31.42
32.92
34.42
72.20
72.20
72.20
72.20
STEWART WEINBERG
~MICHAEL B. ROGER
DAVID A. ROSENFELD
WILLIAM A. SOKOL
VINCENT A. HARRlNGTON. JR.
W_ DANIEL BOONE
PAUL D. SUPTON
BLYTI-IE MICKELSON
BAAR\' E. HINKLE
JAMES RUTKOWSKI•
SANDRA RAE BENSON
JAMES VARGA
CHRISTIAN L RAISNER
JAMES J. WESSER
THEODORE FRANKLIN
ANTONIO RUIZ
EUYN MOSCOWITZ
MATTHEW J. GAUGER
ASHLEY K_ IKEDA ••
UNDA BALDWIN JONES
PATRIC(A A. DAVIS
WEINBERG, ROGER & ROSENFELD
A PROFESSIONAL CORPORATION
180 GRAND AVENUE, SUITE 1400
OAKLAND, CALIFORNIA 94612-3752
TELEPHONE (510) 839-6600
FAX (510) 891-0400
" Admitted in Hawaii
•••Al•<> admitted in Novad•
PATRiCIAM_ GATES. or counsel
JOHN PLOTZ. Of Counsel
ALBERTO TORRICO. OICaunse!
PENELOPE S. PAHL 01 Coun>el
ROBERTA D. PERKINS, Cl Counsel
•Also admitted in Arizona
.. Admttled in HawaH
Re:
EMILYP_RICH
ALAN G. CROWLEY
SHIRLEY LEE
EZEKIEL 0. CARDER
LORI K AQUINO ANNEI. YEN
NICOlE M. PHILLIPS
J_ FEUX DE LA. TORRE
KRISTINA L Hilt.MAN•••
ANDREA LA!ACONA
MONICA T_ GU!ZAR
S_ TATIANA DAZA
BROOKE 0. P!ERMAN .;,
M. SUZANNE MURPHY
IRENE M. OKUPNIK
DAVIDA. BOHL
JESSICA CHRISTENSEN
Right To Enter Private Property To Perform Lawful Union Activity
The Union Representative who is entering upon this property is doing so for the purpose of engaging in
lawful Union activity including, but not limited to; policing the collective bargaining agreements of
signatory subcontractors who may be working on this site, investigating health and safety conditions,
reviewing the working conditions of employees, and determining which employers are on the job site. This
letter is intended to apprise you of the rights held by Union Representatives under California law to enter
privately owned property to perform lawful labor union activities including safety inspections, card checks,
grievance investigations and like activities.
You are advised that the California Penal Code exempts persons who are engaged in "lawful labor union
activities" from the general trespass prohibitions. California Penal Code § 602(o) 1 provides:
... however, this [trespass statute] shall not be applicable to persons engaged in lawful labor
union activities which_ are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 ... ofDivision 2 of the Labor Code, or by the
National Labor Relations Act.
The California Supreme Court has repeatedly upheld Union Representatives' rights under this Penal Code
provision. In In Re Catalano, 29 Cal.3d 1 (1981 ), the Court stated:
Specific provisions of both section 602 and related trespass statutes, however, demonstrate
an overall legislative policy that the broad trespass statutes are not intended to apply to
otherwise lawful union activity... We conclude that regardless of whether property is
'posted industrial property,' property subject to posting, or other, less sensitive property,
trespass statutes do not apply to lawful union activity. (Catalano, at 11. See also, Sears
Roebuck & Co., v. San Diego County Dist. Council of Carpenters, 25 Cal.3d 317 (1979)
(upholding union representatives' right to refuse to leave property at the request of the
owner if person is engaged in lawful labor union activity).
Lawful labor union activity is activity that is geared to policing the safety and security provisions of the
collective bargaining agreements entered into by this Union and signatory contractors working on this site.
Catalano, at 10. This policing includes, but is not limited to, safety inspections, grievance investigations
and simply entering the property to see who is on site. Catalano, at 10-15; Villa Avilla, 253 NLRB 76
(1980).
Under California law, Union Representatives are entitled to enter private property to engage in organizing
activity. Although the NLRB approved of some restrictions on labor organizing activity on private
property, the NLRB has since held that these restrictions do not apply in California due to California's
greater protection of lawful labor union activity as detailed above. Bristol Farms, 311 NLRB 43 7 (1993);
1
Until January l, 2004, this provision was codified at Cal. Penal Code section 602(n).
LOS ANGELES OFFICE
1605 We51 Olympic Boulevard, Suite 1023
Los Angeles, CA 90015-3804
TEL (213) 487-8232 FAX (213) 487-8786
SACRAMENTO OFFICE
428 J Street, Suite 520
Sacramento, CA 95814-2341
TEL {916) 443-6600 FAX (916) 442-0244
HONOLULU OFFICE
1099 Alakea Street, Suite 1602
Honolulu, HI 968134500
TEL {808) 528-8880 FAX (808) 528-8881
Page2
Payless Drug Stores, 311 NLRB 678 (1993). The United States Court of Appeals for the Ninth Circuit has
held that these restrictions do not apply in California and went on to hold that an employer who threatens
an arrest of a Union representative for trespass in California violates the Federal National Labor Relations
Act. NLRB v. Calkins, 187 F.3d 1080, 99 (9th Cir. 1999)
Additionally, Union Representatives have a right to enter property to which the public has been invited in
order to engage in lawful union activities. Robins v. Pruneyard Shopping Center, 23 Cal.3d 899 (1979);
Schwartz-Torrance v. Bakery and Confectionery Workers Union, 61 Cal.2d 766 (1964); In Re Lane, 71
Cal.2d 872 (1969). This is exactly why the NLRB has not restricted organizing activity on private property
in California, as described above.
The validity of a Union Representative's actions can be seen by the most recent Ninth Circuit decision in
this area. See Radcliffe, et al v. Rainbow Construction Company, et al, 254 F.3d 772 (9'h Cir 2001). In
Radcliffe, the Ninth Circuit did not hesitate to hold that an Employer that had barred a Union representative
from a construction site had violated §7 of the NLRA even though the contractor was "non-union." The
Court held that the Union Representatives had the right to enter the premises to conduct lawful union
activity and could maintain a cause of action against the contractor for false arrest for violating that right
This right was also recently upheld in BE&K Construction, 246 F.3d 619 (6'h Cir. 2001) (citing Lechmere,
Inc. v. NLRB, 502 U.S. 527, 532 (1992) reversed on other grounds.
In BE&K, the Sixth Circuit rejected BE&K's Lechmere argument that only Union members, and not
Unions as entities, possess Section 7 rights. See, BE&K Construction. The Court indeed recognized that
Unions possess Section 7 rights even when the Unions are seeking improvements for workers of the
targeted employer even if they do not_ represent those workers:
Attaimnent by the unions of even site-specific improvements or promises of diligent
enforcement of existing health and safety standards [for the non-union workers], moreover,
clearly establishes helpful precedent for future labor actions and serves to improve, through
concerted action, the lot of all working women and men in similar situations.
BE&K Construction Co. v. NLRB, 246 F.3d at 627.
Finally, California Penal Code section 142 imposes liability upon a peace officer who refuses to receive or
arrest a person charged with an offense. In 2002, the California Legislature added subsection (c ), which
reads "this section shall not apply to arrests made pursuant to Section 83 7." The provisions of Penal Code
section 142, imposing liability upon a peace officer no longer applies when a private person makes a
citizens arrest. Therefore, it is not mandatory for peace officers to complete a citizen's arrest and peace
officers may refuse to do so.
The Union Representatives whom you have questioned are engaged in the protected activity described
above. As a result, they have every right to enter this job site to perform these activities. They will leave
the site as soon as the lawful union activity is completed. We hope that you will abide by the laws of the
State of California and allow the Representatives to complete their activities without hindrance.
1/336501
LITTER OF UNDERSTANDING
WHEREAS, representatives of Pacific Gas & Electric Company ("PG&E") and representatives of the
United Association of Plumbers and Steamfitters Union Locals 246, 250, 342 and 460 (individually and
collectively, "Union") met to discuss the issues regarding the need to recruit, train and certify sufficient
numbers of welders to the standards applicable to the Gas Transmission pipeline work being performed
and to be performed in the future for PG&E;
WHEREAS, the parties acknowledge the economic costs associated with the recruitment, training and
certification of large numbers of welders;
WHEREAS, the parties wish to provide a written record of their understanding on their respective
commitments regarding the economic costs and training and certification of welders for PG&E Gas
Transmission pipeline construction work; and
WHEREAS, this Letter of Understanding ("LOU") is intended by the parties to establish the written
record of PG&E's and the Union's mutual commitments.
NOW THEREFORE, the parties do hereby commit as follows:
1.
On .•all contracts let by PG&E during the term of this LOU for Gas Transmission pipeline
co-ristruction work (including Gas Transmission Stations), PG&E shall require its cont.ractors
to pay not less than the wages and fringe benefit amounts called for in the then current
National Pipeline Agreement, except the Training Fund benefit contributions which are
provided for below in Paragraph 2 of this LOU. All other terms and conditions of the
California Shortline Agreement shall apply unless modified by this LOU.
2.
PG&E will require in all construction contracts let for the Gas Transmission pipeline
construction work during the term of this LOU that each contractor contribute one dollar
($1.00) per hour worked by a member of the Union to the applicable Union Apprentice
Training Fund and ten cents ($0.10) per hour worked by a member of the Union to the UA
International Training Fund to offset the costs associated with the recruitment, training and
certification of welders. These contributions are in lieu of the then current contribution
amounts designated to the applicable Apprentice Training Fund called for in the National
Pipeline Agreement. Continuation of the contributions to the Apprentice Training Funds
called for in this LOU will be contingent upon the Union meeting the certified welder
training objectives provided in Paragraph 3 of this LOU.
3.
The Unions will develop and implement a written program to recruit, train and certify at
least twenty-three (23) welders capable of testing, qualifying and working on PG&E Gas
Transmission pipeline construction projects by the end of each calendar quarter
commencing March 31, 2013. The Union shall provide a copy of this written program to
PG&E prior to its implementation.
PG&E/ UNITED ASSOCIATION
letter of Understanding
Page lof2
4.
Representatives from PG&E and the Union shall meet and confer no less frequently than
once each calendar quarter commencing in the first calendar quarter of 2013 to ensure the
effectiveness of the program developed to recruit, train and certify welders capable of
performing work on the PG&E Gas Transmission pipeline projects. The Union shall provide
quarterly written reports detailing the total monthly contributions to the Training Funds
made by contractors as provided for in Paragraph 2 and the number of certified welders
developed and qualified locally to work on PG&E Gas Transmission pipeline projects as
provided for in Paragraph 3 of this LOU.
5.
UA Local #342 commits to use its best efforts to commence construction of a new training
facility containing at least sixty (60) welding booths and complete construction of such
facility as soon as reasonably practicable.
6.
Contractors performing Gas Transmission pipeline construction work for PG&E under a
contract(s) let during the term of this LOU shall have the right to retain and transfer
dispatched workers who are members of the Union from project to project without
limitation or restriction. The Union shall utilize its best efforts to facilitate this right.
7. This LOU shall not apply to any work assigned to and/or performed by PG&E employees.
8. This LOU shall continue in full force and effect until December 31, 2014. This LOU may be
singed in counterparts and, when combined together, shall constitute a fully executed
agreement. This LOU may be amended by mutual written agreement of the parties. Either
party may cancel this LOU at any time by sending to the other party written notice of
cancellation.
This Letter of Understanding shall be effective January 1, 2013.
PACIFIC GAS & ELECTRIC COMPANY
UNITED ASSOCIATION LOCAL# 246
By:
~~!J
UNITED ASSOOATION LOCAL# 342
UNITED ASSOOATION LOCAL# 460
By:
PG&E/ UNITED ASSOCIATION
letter of Understanding
Page 2 of2
Plumbers & Steamfitters
UA local Union 342
935 Detroit Avenue Concord, CA 94518-2501 Phone (9251686-5880 Fax (925) 685-3710
Business Manager
Mike Hernandez
Business Representative
Derrick Kualapai
Business Representative
Business Representative
Bob Bustos
Robbie Nash
Business Representative
Refrigeration Rep Business Rep/Organizer
Che Timmons
Jamie Bird
Obray VanBuren
PG&E GAS TRANSMISSION AGREEMENT
Effective 6/1/14 through 5/31/15
(Contract 181)
JOURNEYMAN
Taxable Wage Rate
(Dues Check Off)
Pension
Health & Welfare
Retiree Health & Welfare
401 (a)*
LU Training Fund
International Training Fund
Total Fringe
SUB-TOTAL
FOREMAN
Taxable Wage Rate
(Dues Check Off)
Pension
Health & Welfare
Retiree Health & Welfare
401 (a)*
LU Training Fund
International Training Fund
Total Fringe
SUB-TOTAL
HELPER
Taxable Wage Rate
(Dues Check Off)
Pension
Health & Welfare
401 (a)*
LU Training Fund
Total Fringe
SUB-TOTAL
$52.50
( 2.63) 5%
10.31
9.50
2.00
1.50
1.00
.10
24.41
$76.91
$54.50
( 2.73) 5%
10.31
9.50
2.00
1.50
1.00
.10
24.41
$78.91
$35.73
( 1 79) 5%
7.58
8.04
1.00
1.00
17.62
$53.35
OVERTIME: All work in excess of eight (8)
hours Monday through Friday and all work
on Saturday paid at time and one-half.
Work on Sundays and holidays paid at
double time.
Fringes are paid on hours worked.
(*All fringes paid at straight time)
*401a Supplemental Pension is paid at
straight time, time and one-half, and at
double time rates. The 401a is excluded for
all tax purposes.
The Dues dieck-Off and Credit Union deductions
are deducted from the Taxable wage rate
and submitted at straight time, time and onehalf, and at double time rates. Credit Union
is a voluntary payroll deduction.
IMPORTANT: Classification and Overtime
Schedules Attached.
SUBSISTENCE: The Employer will pay the
rate of $102.50 per day for Welders, and
$42.50 per day for Non-Welder Journeymen.
PG&E2014-15:Ml-V:d1Rll
UALOCAL342
935 DETROIT A VENUE CONCORD, CA 94518
Phone (925) 686-5880 •Fax (925) 685-3710
PG&E GAS TRANSMISSION AGREEMENT
Effective 6/1/14 through 5/31/15
(Contract 181)
JOURNEYMAN: (RT# t8t68l
CLASS
BASE
II
III
IV
49.87
48.37
46.87
45.37
v
DUES
TXWAGE PENSION
2.63
2.63
2.63
2.63
52.50
51.00
49.50
48.00
10.31
10.31
10.31
10.31
H&W
RHW
401a
9.50
9.50
9.50
9.50
2.00
2.00
2.00
2.00
1.50
3.00
4.50
6.00
RWH
401a
2.00
2.00
2.00
2.00
1.50
3.00
4.50
6.00
TRNG
1.00
1.00
1.00
1.00
ITF
FringeT Total Pkg
24.41
25.91
27.41
28.91
.10
.10
.10
.10
76.91
76.91
76.91
76.91
FOREMAN: (RT# 181691
CLASS
BASE
II
III
IV
51.77
50.27
48.77
47.27
v
HELPER:
DUES
2.73
2.73
2.73
2.73
TXWAGE PENSION
10.31
10.31
10.31
10.31
54.50:
53.00
51.50
50.00
H&W
9.50
9.50
9.50
9.50
TRNG
1.00
1.00
1.00
1.00
ITF
FringeT Total Pkg
24.41
25.91
27.41
28.91
.10
.10
.10
.10
(RT# 18167)
BASE
DUES
TXWAGE
PENSION H&W
/HELPER/ 33.94 / 1.79 / 35.73 / 7.58
I 8.04
401a
/ i.oo
Note: Overtime schedule/s attached
-2-
Training
I i.oo
FringeT Total Pkg
/ 11.62
/ 53.35
I
78.91
78.91
78.91
78.91
UALOCAL342
935 DETROIT A VENUE CONCORD, CA 94518
Phone (925) 686-5880 • Fax (925) 685-3710
PG&E GAS TRANSMISSION AGREEMENT
, Effective 6/1/14 through 5/31/15
(Contract 181)
OVERTIME SCHEDULE @ TIME AND ONE HALF
JOURNEYMAN / TIME AND ONE HALF:
CLASS
BASE
DUES
TXWAGE
II
III
IV
74.81
72.56
70.31
68.06
3.94
3.94
3.94
3.94
78.75
76.50
74.25
72.00
v
PENSION
10.31
10.31
10.31
10.31
H&W
9.50
9.50
9.50
9.50
RHW
2.00
2.00
2.00
2.00
401a
2.25
4.50
6.75
9.00
TRNG
1.00
1.00
1.00
1.00
ITF
FringeT Total Pkg
.10
.10
.10
.10--
25.16
27.41
29.66
31.91
103.91
103.91
103.91
103.91
FOREMAN I TIME AND ONE HALF:
CLASS
BASE
II
III
IV
77.66
75.41
73.16
70.91
v
DUES
TXWAGE PENSION
4.09
4.09
4.09
4.09
81.75
79.50
77.25
75.00
10.31
10.31
10.31
10.31
H&W
9.50
9.50
9.50
9.50
RHW
2.00
2.00
2.00
2.00
401a
2.25
4.50
6.75
9.00
TRNG
1.00
1.00
1.00
1.00
ITF
.10
.10
.10
.10
FringeT Total Pkg
25.16
27.41
29.66
31.91
HELPER I TIME AND ONE HALF:
BASE
DUES
TXWAGE PENSION
I HELPER I 50.92 I 2.68 I
53.60
H&W
401a
I 7.58 I 8.04
1.50
-3-
TRNG
I 1.00
FringeT Total Pkg
118.12
I 11.12 I
106.91
106.91
106.91
106.91
UALOCAL342
935 DETROIT AVENUE CONCORD, CA 94518
Phone (925) 686-5880 •Fax (925) 685-3710
Effective 6/1/14 through 5/31/15
(Contract 181)
OVERTIME SCHEDULE @ DOUBLE TIME
JOURNEYMAN/ DOUBLE TIME:
CLASS
BASE
DUES
II
III
IV
99.75
96.75
93.75
90.75
5.25
5.25
5.25
5.25
v
TXWAGE PENSION
105.00
102.00
99.00
96.00
10.31
10.31
10.31
10.31
H&W
RHW
401a
TRNG
9.50
9.50
9.50
9.50
2.00
2.00
2.00
2.00
3.00
6.00
9.00
12.00
RHW
401a
2.00
2.00
2.00
2.00
3.00
6.00
9.00
12.00
1.00
1.00
1.00
1.00
401a
TRNG
FringeT
ITF
1.00
1.00
1.00
1.00
Fringe T
Total Pkg
.10
.10
.10
.10
25.91
28.91
31.91
34.91
130.91
130.91
130.91
130.91
ITF
FringeT Total Pkg
.10
.10
.10
.10
25.91
28.91
31.91
34.91
FOREMAN I DOUBLE TIME:
CLASS
BASE
II
III
IV
103.55
100.55
97.55
94.55
v
DUES
TXWAGE PENSION
5.45
5.45
5.45
5.45
109.00
106.00
103.00
100.00
10.31
10.31
10.31
10.31
H&W
9.50
9.50
9.50
9.50
TRNG
HELPER I DOUBLE TIME:
BASE
DUES
TXWAGE
PENSION
H&W
I HELPER I 67.89 I 3.57 I 71.46 I 7.58 I 8.04 I 2.00 I 1.00
-4-
j
18.62
I
Total Pkg
90.08
134.91
134.91
134.91
134.91