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# \"' 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 ' • '-----. .. - -_- ~ 0 ""- ..,,,00.l)QO-• .n QOQ 1'> 100.IXXI " ,OQl! • .n,oo::i t. • ..____ l.Ol:IO•!.:QIXI "-1wo --~ - -~--.. ,,__ -~ _..,..,.,...~----~ '-""-"""' • __ -~·~·..---.. ... -...---·__..,........ ---.,.... • ~· • , • ' ' ' • f'•<•/H ••'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
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