Brothers and Sisters, - ibew46.org · When you see two Section numbers, ... Union Right to Discipline Members ..... 2.15 ..... 19 ... Employer Responsibility ...

Brothers and Sisters, In preparation for 2010 Inside negotiations, we have merged our current Agreement with the Pattern Agreement given to us by the International Office. We did this so you could see the Pattern language and how our language compares to it. We have colored our Agreement language green, while the Pattern language is red, blue, and purple. We have submitted a new Agreement to NECA at the start of negotiations that does not change any wording, but rearranges the sections to match the location they should be in according to the Pattern Agreement. When you see two Section numbers, the first one is where the Section will end up, and the second is where the Section came from. In Solidarity, Virgil Hamilton Business Manager

Preface In this file you will find the revised version of three different pattern agreement guides and the Construction Wireman/Construction Electrician Addendum:

(1) Inside Agreement; (2) Outside Agreement; and (3) Residential Agreement.

This revision replaces the 2008 version of the Pattern Agreement Guides. This year, as in the past the documents are provided in both PDF and Word formats. The PDF file is a secure document that cannot be changed; it can serve as a permanent reference. The Word files can be easily used in developing your local agreements. The revisions include additional language to the explanation of Category I and II language located in the Foreword of the Guide, and minor typographical corrections. All language changes are indicated by the insertion of a black bar to the left of those lines that have been changed both in the table of contents and affected article. The Pattern Agreement Guides have been generally well-received and have led to the submission of better local agreements and more rapid internal analysis. Each guide includes a foreword consisting of definitions for Category I language, Category II language, Optional Language and common provisions, as well as information regarding the submission of agreements.

Inside Revision December 2008

Mlf/opeiu#8/afl-cio/C:\Web\Local46_DW\documents\Pattern46Merge.rtf 2

INSIDE - FOREWORD

Category I provisions, as identified in red in the Table of Contents and in the body of this

Guide, are considered Standard Agreement Language by the IBEW International Office and

NECA National. By joint recommendation and in written agreement, all Inside Construction

Agreements between IBEW Local Unions and NECA Chapters must contain all Category I

Language verbatim, i.e., no deviations or changes to these clauses are permitted. Likewise, the

agreement may not contain language that is contrary to the intent of the Category I language

or circumvents provisions contained in the Category I Language. Additional language that

pertains to but does not conflict with the Category I language may follow the language, but is

not to be inserted within the language. (This would also apply to Category II and any other

verbatim language.) There are also several places where Alternate Language is provided.

This Alternate Language is to be used in lieu of, and not in conjunction with, Standard

Language.

Category II Language, as identified in blue, reflects provisions which the IBEW International

Office recommends but which NECA National has not endorsed. These provisions need to be

negotiated locally. If adopted, this language must be inserted verbatim into the collective

bargaining agreement.

Optional Language, as identified in purple, is language that is acceptable to the IBEW

International and NECA National, is approvable, and may be included in the agreement if the

local parties agree. In some cases, language other than the particular language illustrated

may be used; however, some of these clauses must be used verbatim.

Sections identified in black text are common provisions listed for local labor management

consideration. They must be locally negotiated and agreed upon and may be used as provided or

modified as determined by the parties.


IBEW Submission Requirements

Six original signed copies of the agreement must be sent to the International Office, Construction

and Maintenance Department, for International review and approval. All submitted Agreements

must be signed by both parties, including the local union Business Manager. Memoranda of

Understanding and other “side agreements” must be submitted for informational purposes.

All Agreements must be submitted on standard letter-size (8.5”x11”) white paper, with black text,

and accompanied by a copy of the agreement in Microsoft Word format on a 3-1/2” computer

diskette or CD-ROM, an IBEW Form 105 (Agreement Information and Summary Form) and an

IBEW Form 654 (Davis-Bacon Fringe Benefit Summary). A Davis-Bacon Form 654 is required for

each state in which the agreement applies with all related counties identified. Do not refer to the

body of the agreement to identify the counties. However, an attached list to Form 654 identifying

the covered counties is acceptable. The Form 654 will be forwarded to the U.S. Department of

Labor, Wage and Hour Division, with an I.O. approved agreement for each state, to facilitate the

federal recording of your wage and benefit changes.

IBEW agreement approval will be withheld where:

1) Deviations exist from Category I and/or II Language, and/or deviations exist in certain Optional

Language, and/or there are deviations from IBEW policies;

2) Provisions exist of questionable legality; and,

3) Provisions exist which are legally indefensible.


NECA Agreement Review Requirements

NECA bylaws require that at least four copies of the original signed agreements and amendments be

sent to NECA national for review. All submitted agreements or amendments must be signed by

both parties. Documents should be sent on standard letter-size (8.5”x11”) white paper, with black

text, and we are asking that it be accompanied by a copy of the agreement in Microsoft Word format

on a 3-1/2” computer diskette or CD-ROM. A Davis-Bacon Wage Modification Form must

accompany the agreement or amendment. In addition, a Labor Agreement Summary Form must be

enclosed for all agreements, except Inside.

Please Note: The IBEW and NECA have jointly agreed to the meaning and intent of this

document. We recognize that there are stylistic inconsistencies in the text, but this was the style in

use at the time the various provisions were agreed to by the IBEW and NECA and, therefore, these

provisions are to appear in your agreement as shown in this Guide.


TABLE OF CONTENTS – INSIDE CONSTRUCTION

COLOR KEY: RED = CATEGORY I BLUE = CATEGORY II

PURPLE = OPTIONAL LANGUAGE BLACK = COMMON PROVISIONS

Article and Section numbers are for illustrative purposes only.

Section Pages Category First Clause ............................................... ..................... 8 ...................... I Basic Principles ....................................... ..................... 8

Article I: Effective Date/Changes/Grievances/Disputes Standard CIR Language ........................... 1.01-1.09 ........ 9-11 ................. I Modified CIR Language (Alternate - Verbatim) ........................... 1.01-1.09 ...... 11-14 ................. I

Article II: Employer Rights / Union Rights

Management Rights ................................. 2.02 .............. 15 ...................... I Foreman Call−Out By Name (Optional) 2.03 .............. 15-16 Workers’ Comp Insurance ........................... 2.04 .............. 16 Surety Bond ................................................. 2.05(a).......... 16 Joint Venture .............................................. 2.06 .............. 16 Union Recognition ...................................... 2.07(a).......... 16-17 Work Preservation .................................... 2.08 .............. 17-18 ............... II Non-resident Employees - (Portability) .... 2.09 .............. 18 ...................... I Favored Nations ......................................... 2.10 .............. 18 ...................... I Union Right to Discipline Members ........... 2.15 .............. 19 Appointment of Stewards ............................ 2.16 .............. 19 Union Job Access ........................................ 2.17 .............. 19 Picket Language .......................................... 2.18 .............. 19-20 Tool List ...................................................... 2.20 .............. 20 Union Security ............................................. 2.23 .............. 20-21 Age-Ratio .................................................... 2.24 .............. 21 .................... II Annulment/Subcontracting ..................... 2.25 .............. 21 ...................... I


TABLE OF CONTENTS (CONTINUED)

Section Pages Category

Article III: Hours / Wages / Working Conditions

Hours (Workday-Workweek) ...................... 3.01(a).......... 22 Four Ten-hour Days (Optional) ................ 3.01(b) ......... 22 Overtime/Holidays ...................................... 3.02 .............. 22 Payday ......................................................... 3.04(a).......... 22-23 Direct Deposit (Optional) ........................... 3.04(b) ......... 23 Classification-Wages ................................. 3.05(a) ......... 23 ...................... I Apprenticeship – Six (6) Periods .............. 3.05(a) ......... 23 ...................... I Apprenticeship – Ten (10) Periods (Alternate-verbatim) 3.05(a). ........ 24 ...................... I Fringes ......................................................... 3.05(b) ......... 24 Travel Time ................................................. 3.06 .............. 25 Union Dues Deduction .............................. 3.09 .............. 25 .................... II Ratio of Foremen to Journeymen ................ 3.10 .............. 25 Show-up Pay ................................................ 3.11 .............. 26 Shift Work ................................................. 3.12 .............. 26-27 ................. I Shift Work - (Alternate I - verbatim) ......... 3.12 .............. 27-28 ................. I Shift Work - (Alternate II - verbatim) ........ 3.12 .............. 28-29 ................. I Shift Work - (Alternate III - verbatim) ...... 3.12 .............. 29-30 ................. I COPE Deduction ......................................... 3.18 .............. 31

Article IV: Referral Procedure Referral Procedure .................................... 4.01-4.21 ...... 32-40 ................. I Group I - (Alternate - verbatim) ................. 4.05 .............. 34-35 ................. I Re-registration ........................................... 4.12 .............. 37 .................... II Repeated Discharge - …………………….4.14(b) ......... 37-38 ................. I Reverse Layoff ........................................... 4.21 .............. 39 .................... II Worker Recall (Optional) ……………….4.22 ………...39-40

Article V: Apprenticeship and Training

Apprenticeship and Training ................... 5.01-5.16 ...... 41-46 ................. I


TABLE OF CONTENTS (CONTINUED)

Section Pages Category

Article VI: Fringe Benefits

NEBF .......................................................... 6.01 .............. 47…………..…I Health & Welfare (Alt: Employee – or − ..... Family Medical Care) ........................... 6.02 .............. 47-48 Vacation....................................................... 6.03 .............. 48 Default on Required Payments .................... 6.04 .............. 48 National Electrical Annuity Plan - (Optional-Verbatim) ................... 6.05 .............. 48-49 Supplemental Unemployment Benefit Fund …………………………..6.06………...49-50 Fringe Benefit Remedies ............................. 6.07 .............. 50 Administrative Maintenance Receiving Trust Fund ............. Statement ................... 50

Article VII: NEIF National Electrical Industry Fund ........... 7.01 .............. 51 ...................... I

Article VIII: LMCC Local Labor-Management Cooperation Committee (LMCC) – ..................... 8.01 .............. 52-53………….I

Article IX: NLMCC

National Labor-Management Cooperation Committee (NLMCC) .... 9.01-9.04 ...... 54-55 ................. I

Article X: Safety Safety ......................................................... 10.01-10.09 .... 56-57 Employer Responsibility ......................... 10.10 .............. 57 .................... II


TABLE OF CONTENTS (CONTINUED) ........................................................... Section ............. Pages ....... Category

Article XI: Substance Abuse Substance Abuse ……………….11.01……. .................. 58……………..I

Article XII: Code of Excellence

Code of Excellence ……………12.01……………..….59………..…….I Article XIII: National Electrical 401k Plan National Electrical 401k Plan (Optional- Verbatim)..13.01………………..60-61 Separability Clause…………………………….62 ………………I Signature Page ......................................... ................... 62 Addendum One: Construction Wireman/Construction Electrician........(Optional-verbatim)


LABOR AGREEMENT BETWEEN

LOCAL UNION NO. 46 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS

AND PUGET SOUND CHAPTER

NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION EFFECTIVE DATES

JULY 2, 2007 – MAY 31, 2010 INSIDE CONSTRUCTION AGREEMENT

IBEW RECOMMENDED INSIDE CONSTRUCTION AGREEMENT GUIDE

Agreement by and between [the] [Chapter of the National

Electrical Contractors Association (NECA)] and Local Union No. , IBEW.

It shall apply to all firms who sign a Letter of Assent to be bound by the terms of this Agreement.

As used hereinafter in this Agreement, the term [Chapter] shall mean [the] - [Chapter

of NECA] and the term "Union" shall mean Local Union No. , IBEW.

The term "Employer" shall mean an individual firm who has been recognized by an assent to this

Agreement.

Agreement by and between the Puget Sound Chapter, National Electrical Contractors Association and Local Union No. 46, International Brotherhood of Electrical Workers. It shall apply to all firms who sign a Letter of Assent to be bound by this Agreement. As used hereinafter in this Agreement, the term "Association" shall mean the Puget Sound Chapter, National Electrical Contractors Association and the term “Union" shall mean Local Union No. 46, IBEW. The term "Employer" shall mean an individual firm who has been recognized by an assent to this Agreement.

BASIC PRINCIPLES

BASIC PRINCIPLES


The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore, a working system and harmonious relations are necessary to improve the relationship between the Employer, the Union and the Public. Progress in the industry demands a mutuality of confidence between the Employer and the Union. All will benefit by continuous peace and by adjusting any difference by rational common sense methods. Now, therefore, in consideration of mutual promises and Agreements herein contained the parties hereto agree as follows. This Agreement shall cover all inside electrical construction work and workers within the territorial jurisdiction of Local Union No. 46 of the International Brotherhood of Electrical Workers.

The Employer and the Union have a common and sympathetic interest in the Electrical Industry. Therefore,

a working system and harmonious relations are necessary to improve the relationship between the

Employer, the Union, and the Public. Progress in industry demands a mutuality of confidence between the

Employer and the Union. All will benefit by continuous peace and by adjusting any differences by rational,

common-sense methods. Now, therefore, in consideration of the mutual promises and agreements herein

contained, the parties hereto agree as follows:

SCOPE / Section 3.29 WORK JURISDICTION A - Workers employed under the terms of this Agreement shall do all electrical construction, installation or erection work and all electrical maintenance thereon, including the final running test. This shall include the installation and maintenance of all electric lighting, heating and power equipment, electric unit ventilators, strip heaters, unit heaters, standby motor generators, electric heat pumps, under floor duct, luminous ceilings and loose electrical motors. B - Such work shall also include the welding, burning, brazing, bending, drilling and shaping of all copper, angle iron and brackets to be used in connection with the installation and erection of electrical wiring and equipment. All work of chasing and channeling necessary to complete any electrical work, including the fabrication and installation of duct and manhole forms incidental to electrical installations, and the handling and moving of any electrical materials, equipment and apparatus shall be performed by workers employed under the terms of this Agreement. C - The cutting and threading and forming of all conduit shall be performed by those individuals employed under this Agreement.


ARTICLE I

STANDARD CIR

EFFECTIVE DATE/ CHANGES/GRIEVANCES/DISPUTES Note: Use STANDARD CIR or MODIFIED CIR Language for Article I. Standard

CIR Language is the preferred language endorsed by the IBEW

International and NECA National.

MODIFIED CIR starts on page 11.

EFFECTIVE DATE:

Section 1.01. This Agreement shall take effect , 20 , and shall remain in effect

until , 20 unless otherwise specifically provided for herein. It shall continue in

effect from year to year thereafter, from through of each

year, unless changed or terminated in the way later provided herein.

CHANGES:

Section 1.02(a). Either party or an Employer withdrawing representation from the Chapter or not

represented by the Chapter, desiring to change or terminate this Agreement must provide written

notification at least 90 days prior to the expiration date of the Agreement or any anniversary date

occurring thereafter.

(b). Whenever notice is given for changes, the nature of the changes desired must be specified

in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(c). The existing provisions of the Agreement, including this Article, shall remain in full force

and effect until a conclusion is reached in the matter of proposed changes.

(d). Unresolved issues or disputes arising out of the failure to negotiate a renewal or

modification of this agreement that remain on the 20th of the month preceding the next regular

meeting of the Council on Industrial Relations for the Electrical Contracting Industry (CIR) may be

submitted jointly or unilaterally to the Council for adjudication. Such unresolved issues or disputes

shall be submitted no later than the next regular meeting of the Council following the expiration date

of this agreement or any subsequent anniversary date. The Council's decisions shall be final and

binding.


(e). When a case has been submitted to the Council, it shall be the responsibility of the

negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level

prior to the meeting of the Council.

(f). Notice of a desire to terminate this Agreement shall be handled in the same manner as a

proposed change.

Section 1.03. This Agreement shall be subject to change or supplement at any time by mutual

consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to

writing, signed by the parties hereto, and submitted to the International Office of the IBEW for

approval, the same as this Agreement.

Section 1.04. There shall be no stoppage of work either by strike or lockout because of any proposed

changes in this Agreement or dispute over matters relating to this Agreement. All such matters must

be handled as stated herein.

GRIEVANCES/DISPUTES:

Section 1.05. There shall be a Labor-Management Committee of three representing the Union and

three representing the Employers. It shall meet regularly at such stated times as it may decide.

However, it shall also meet within 48 hours when notice is given by either party. It shall select its

own Chairman and Secretary. The Local Union shall select the Union representatives and the

Chapter shall select the management representatives.

Section 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized

representative of each of the parties to this Agreement. In the event that these two are unable to

adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.

Section 1.07. All matters coming before the Labor-Management Committee shall be decided by a

majority vote. Four members of the Committee, two from each of the parties hereto, shall be a

quorum for the transaction of business, but each party shall have the right to cast the full vote of


its membership and it shall be counted as though all were present and voting. In the absence of a

deadlock, the Labor-Management Committee’s decision shall be final and binding. (Note: Italicized is

optional and must be negotiated locally.)

Section 1.08. Should the Labor-Management Committee fail to agree or to adjust any matter, such

shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry

for adjudication. The Council's decisions shall be final and binding.

Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for

adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be

changed or abrogated until agreement has been reached or a ruling has been made.

Section 1.10. Any grievance not brought to the attention of responsible opposite parties to this

Agreement in writing within ___________ working days of its occurrence shall be deemed to no longer

exist. (Note: Italicized is optional and must be negotiated locally.)

ARTICLE I

MODIFIED CIR

EFFECTIVE DATE/CHANGES/GRIEVANCES/DISPUTES Note: Use STANDARD CIR or MODIFIED CIR Language for Article I.

Note: The MODIFIED CIR Language is Alternate Language to the Standard CIR Language that would still qualify as Category I. The major difference between STANDARD and MODIFIED CIR Language is Section 1.02(d) where MODIFIED Language states that either party can terminate the agreement after serving the other party with a 10-day notice. Also, Section 1.02(e) of the MODIFIED language requires mutual agreement to submit interest arbitration issues to CIR for resolution. Grievances still may be heard at CIR by joint or unilateral submission. STANDARD CIR Language requires the parties to submit all unresolved issues in negotiations and grievances to CIR, jointly or unilaterally.

EFFECTIVE DATE:

Section 1.01. This Agreement shall take effect , 20 , and shall remain in effect

until , 20 unless otherwise specifically provided for herein. It shall continue in


effect from year to year thereafter, from through of each

year, unless changed or terminated in the way later provided herein.

ARTICLE I EFFECTIVE DATE - TERMINATION - AMENDMENTS - DISPUTES Section 1.01 - This Agreement shall take effect July 2, 2007 and shall remain in effect until May 31, 2010, unless otherwise specifically provided for herein. It shall continue in effect from year to year thereafter, from June 1, through May 31 of each year unless changed or terminated in the way later provided therein.

CHANGES:

Section 1.02(a). Either party or an Employer withdrawing representation from the Chapter or not

represented by the Chapter, desiring to change or terminate this Agreement must provide written

notification at least 90 days prior to the expiration date of the Agreement or any anniversary date

occurring thereafter.

Section 1.02a - Either party or an Employer withdrawing representation from the Chapter or not represented by the Chapter, desiring to change or terminate this Agreement must provide written notification at least 90 days prior to the expiration date of the Agreement or any anniversary date occurring thereafter.

(b). Whenever notice is given for changes, the nature of the changes desired must be specified

in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

Section 1.02b - Whenever notice is given for changes, the nature of the changes desired must be specified in the notice, or no later than the first negotiating meeting unless mutually agreed otherwise.

(c). The existing provisions of the Agreement, including this Article, shall remain in full force

and effect until a conclusion is reached in the matter of proposed changes.

Section 1.02c - The existing provisions of the Agreement, including this Article, shall remain in full force and effect until a conclusion is reached in the matter of proposed changes.

(d). In the event that either party, or an Employer withdrawing representation from the

Chapter or not represented by the Chapter, has given a timely notice of proposed changes and an

agreement has not been reached by the expiration date or by any subsequent anniversary date to

renew, modify, or extend this Agreement, or to submit the unresolved issues to the Council on


Industrial Relations for the Electrical Contracting Industry (CIR), either party or such an Employer,

may serve the other a ten (10) day written notice terminating this Agreement. The terms and

conditions of this Agreement shall remain in full force and effect until the expiration of the ten (10)

day period.

Section 1.02d - In the event that either party, or an Employer withdrawing representation from the Chapter or not represented by the Chapter, has given a timely notice of proposed changes and an agreement has not been reached by the expiration date or by any subsequent anniversary date to renew, modify, or extend this Agreement, or to submit the unresolved issues to the Council on Industrial Relations for the Electrical Contracting Industry (CIR), either party or such an Employer, may serve the other a ten (10) day written notice terminating this Agreement. The terms and conditions of this Agreement shall remain in full force and effect until the expiration of the ten (10) day period.

(e). By mutual agreement only, the Chapter, or an Employer withdrawing representation

from the Chapter or not represented by the Chapter, may jointly, with the Union, submit the

unresolved issues to the Council on Industrial Relations for adjudication. Such unresolved issues

shall be submitted no later than the next regular meeting of the Council following the expiration date

of this Agreement or any subsequent anniversary date. The Council's decisions shall be final and

binding.

Section 1.02e - By mutual agreement only, the Chapter, or an Employer withdrawing representation from the Chapter or not represented by the Chapter, may jointly, with the Union, submit the unresolved issues to the Council on Industrial Relations for adjudication. Such unresolved issues shall be submitted no later than the next regular meeting of the Council following the expiration date of this Agreement or any subsequent anniversary date. The Council's decisions shall be final and binding.

(f). When a case has been submitted to the Council, it shall be the responsibility of the

negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level

prior to the meeting of the Council.

Section 1.02f - When a case has been mutually submitted to the Council, it shall be the responsibility of the negotiating committee to continue to meet weekly in an effort to reach a settlement on the local level prior to the meeting of the Council.


(g). Notice of a desire to terminate this Agreement shall be handled in the same manner as a

proposed change.

Section 1.02g - Notice of a desire to terminate this Agreement shall be handled in the same manner as a proposed change.

Section 1.03. This Agreement shall be subject to change or supplement at any time by mutual

consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to

writing, signed by the parties hereto, and submitted to the International Office of the IBEW for

approval, the same as this Agreement.

Section 1.03 - This Agreement shall be subject to change or supplement at any time by mutual consent of the parties hereto. Any such change or supplement agreed upon shall be reduced to writing, signed by the parties hereto, and submitted to the International Office of the IBEW for approval, the same as this Agreement.

Section 1.04. During the term of this Agreement, there shall be no stoppage of work either by strike

or lockout because of any proposed changes in this Agreement or dispute over matters relating to this

Agreement. All such matters must be handled as stated herein.

Section 1.04 - There shall be no stoppage of work either by strike or lockout because of any proposed changes in this Agreement or dispute over matters relating to this Agreement. All such matters must be handled as stated herein.

GRIEVANCES/DISPUTES:

Section 1.05. There shall be a Labor-Management Committee of three representing the Union and

three representing the Employers. It shall meet regularly at such stated times as it may decide.

However, it shall also meet within 48 hours when notice is given by either party. It shall select its

own Chairman and Secretary. The Local Union shall select the Union representatives and the

Chapter (Note: In the case of independent agreements the word “Chapter” should be replaced by the word

“Employer”) shall select the management representatives.

Section 1.05 - There shall be a Labor-Management Committee of three representing the Union and three representing the Employers. It shall meet regularly at such stated times as it may decide. However, it shall also meet within 48 hours when notice is given by either party. It shall select its own Chairman and Secretary. The Local Union shall select the Union representatives and the Chapter shall select the management representatives.


Section 1.06. All grievances or questions in dispute shall be adjusted by the duly authorized

representative of each of the parties to this Agreement. In the event that these two are unable to

adjust any matter within 48 hours, they shall refer the same to the Labor-Management Committee.

Section 1.06 - All grievances, changes, or questions in dispute shall be adjusted by following the four step procedure outlined below (a settlement at any step shall be binding upon all parties): STEP 1 – A Union representative and a Contractor representative shall meet to resolve the grievance within forty-eight (48) hours from date of filing. In the event settlement is not reached, the grievance shall proceed to step two. STEP 2 – The Union Business Manager/Agent and the NECA Chapter Manager shall meet to resolve the grievance within five (5) days from completion of step one. In the event settlement is not reached, the grievance shall proceed to step three. STEP 3 – A Grievance Committee consisting of three (3) Electricians selected by the Union who are not part of the staff and three (3) Contractors selected by NECA on a rotating basis selected from a list of all Contractors signatory with Local 46 shall meet to resolve the grievance within five (5) days of completion of step two. In the event settlement is not reached, the grievance shall proceed to step four. STEP 4 – In the event the grievance is not resolved in step three, Representatives of the Labor-Management Committee, one from each side, shall meet within five (5) days of the completion of step three and select an arbitrator by alternately striking from a list of five (5) names supplied by the Federal Mediation and Conciliation Service. The arbitrator shall not have the right to add or subtract from any terms of this Agreement and all decisions must be within the scope and terms of this Collective Bargaining Agreement. The Labor-Management Representatives shall meet with the arbitrator and present their cases. They shall have the right to override the arbitrator during this meeting. In the event they can not reach a decision, the decision of the arbitrator shall be final and binding.

Section 1.07. All matters coming before the Labor-Management Committee shall be decided by a

majority vote. Four members of the Committee, two from each of the parties hereto, shall be a

quorum for the transaction of business, but each party shall have the right to cast the full vote of its

membership and it shall be counted as though all were present and voting. In the absence of a

deadlock, the Labor-Management Committee’s decision shall be final and binding. (Note: Italicized


is optional and must be negotiated locally.)

Section 1.07 - All matters coming before the Labor-Management Committee shall be decided by majority vote. Four (4) members of the Committee, two (2) from each of the parties hereto, shall be a quorum for the transaction of business, but each party shall have the right to cast the full vote of its membership and it shall be counted as though all were present and voting.

Section 1.08. Should the Labor-Management Committee fail to agree or to adjust any matter, such

shall then be referred to the Council on Industrial Relations for the Electrical Contracting Industry

for adjudication. The Council's decisions shall be final and binding.

Section 1.09. When any matter in dispute has been referred to conciliation or arbitration for

adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be

changed or abrogated until agreement has been reached or a ruling has been made.

Section 1.09 - When any matter in dispute has been referred to conciliation or arbitration for adjustment, the provisions and conditions prevailing prior to the time such matters arose shall not be changed or abrogated until agreement has been reached or a ruling has been made. This was formerly Section 1.08.

Section 1.10. Any grievance not brought to the attention of responsible opposite parties to this

Agreement in writing within ___________ working days of its occurrence shall be deemed to no longer

exist. (Note: Italicized is optional and must be negotiated locally.)

Section 1.10 / 1.08 - Any complaint, dispute or grievance not filed in writing by the complaining party within twenty (20) days of the alleged complaint, dispute or grievance shall be waived. Section 1.11 / 1.10 NON-DISCRIMINATION - All provisions of this Agreement, including provisions with respect to wages, hours and conditions of work, shall apply equitably, fairly, and without discrimination to all Employees covered by this Agreement. There shall be no discrimination by either the Union or the Employer against any Employee or job applicant because of race, religion, color, sex, age or national origin.


ARTICLE II

EMPLOYER RIGHTS/UNION RIGHTS

Section 2.01. Certain qualifications, knowledge, experience and proof of financial responsibility are

required of everyone desiring to be an Employer in the Electrical Industry. Therefore, an Employer who

contracts for electrical work is a person, firm, or corporation having these qualifications and maintaining a

place of business, a suitable financial status to meet payroll requirements, and employing at least one

Journeyman Wireman.

Section 2.01a / 2.03 - A contractor must be a licensed electrical contractor if required by state statute. Section 2.01b / 2.09 TRUCK SIGNAGE - Each electrical contractor employing members of Local Union No. 46, IBEW shall be required to have identification signs, seals, decals, stickers or painted signs on their trucks, bearing the company’s name, not less than three (3) inches high and visible from the outside of each of its trucks. MANAGEMENT RIGHTS:

Section 2.02. The Union understands the Employer is responsible to perform the work required by

the owner. The Employer shall, therefore, have no restrictions except those specifically provided for

in the collective bargaining agreement, in planning, directing and controlling the operation of all his

work, in deciding the number and kind of employees to properly perform the work, in hiring and

laying off employees, in transferring employees from job to job within the Local Union's

geographical jurisdiction, in determining the need and number as well as the person who will act as

Foreman, in requiring all employees to observe the Employer's and/or owner's rules and regulations

not inconsistent with this Agreement, in requiring all employees to observe all safety regulations, and

in discharging employees for proper cause.

Section 2.02a / 2.05 MANAGEMENT'S RIGHTS - The Union understands the Employer is responsible to perform the work required by the owner. The Employer shall therefore have no restrictions, except those specifically provided for in the Collective Bargaining Agreement, in planning, directing and controlling the operation of all work, in deciding the number and kind of Employees to properly perform the work in hiring and laying off Employees, in transferring Employees from job to job within the Local Union's geographical jurisdiction, in determining the need and number as well as the person who will act as Foreman, in requiring all Employees to observe the Employer's and/or Owner's


rules and regulations not inconsistent with the Agreement in requiring all Employees to observe all safety regulations, and in discharging Employees for proper cause.

Section 2.02b - The Employer shall have the right to determine the competency and qualifications of its Employees and the right to discharge such Employees for any just and sufficient cause. The Union may institute a grievance procedure under the terms of this Agreement if it feels any Employee has been unjustly discharged. In applying the above provisions the Employer shall not discriminate against Employees in regard to hire or tenure of employment by reason of Union membership; provided, however, all workers, Union or otherwise, shall be classified and receive the wage scales as provided under the wage schedules attached to this Collective Bargaining Agreement.

FOREMAN CALL-OUT BY NAME: (Optional Language)

Note: This is Optional Language approved by the IBEW International and NECA National which may be

utilized when an Employer wishes to call out a Foreman by name. This is current CIR pattern language. It

is approvable, but alternate language may be negotiated and agreed upon at the local level.

Section 2.03. The employer shall have the right to call a Foreman by name provided:

A) The employee has not quit his previous employer within the past two weeks.

B) The employer shall notify the business manager in writing of the name of the individual

who is to be requested for employment as a Foreman. Upon such request, the business

manager shall refer said Foreman provided the name appears on the highest priority

group.

C) When an employee is called as a Foreman, he must remain as a Foreman for 1,000 hours

or must receive a reduction in force.

Section 203a / 2.06a FOREMAN BY NAME CLAUSE - To clarify the intent of this clause, it is hereby agreed that when this clause is utilized the individual called out as Foreman shall work as Foreman and be paid as Foreman. If contractors make such a call out and do not adhere to this understanding, a complaint shall promptly be filed by the Union. The Business Manager and Chapter Manager shall promptly investigate the complaint and the matter will then be promptly resolved. Section 203b / 2.06b - A Foreman as compared to a Journeyman has some distinct responsibilities which include: supervision of the workers, material requisition, Employee planning and scheduling, keeping good relations with other trades and owners representatives; study and understand electrical, structural, and mechanical specs; knowing electrical code and keeping a copy of the code book on the job; and special responsibilities to the Employer. In the event that it is found that the above is not the intent of the Employer, the Business Manager may refuse to dispatch a Foreman to the Employer.


Section 203c / 2.06c - The Employer shall be permitted to request by name, any applicant the Employer desires to employ as Foreman, provided the individual has successfully completed the JATC or NECA Foreman Training Class. Then the Union will refer such applicant to the Employer, if the applicant’s name appears on the referral register and, has not quit their former Employer less than two (2) calendar weeks prior to the Employer’s request for said applicant, and all other “eligible” applicants in higher seniority referral groups have first been referred. Then the Employer shall immediately upon employment of said applicant, classify said applicant (Employee) as a Foreman and pay such applicant (Employee) Foreman's wages as established in Section 3.08(a) of this Agreement for a period of ninety (90) days unless terminated sooner.

Section 203d / 2.06d - Foreman shall have a valid first aid card and adhere to any other state laws, which are required by statute, and have completed a JATC or NECA Foreman Training Class. The NECA Foreman Training Class shall include four (4) hours of training on COMET presented by the IBEW, and shall also include four (4) hours of training on the Labor Agreement presented jointly by NECA and the IBEW. A Journeyman may act as a Foreman if they have signed up for the next available JATC or NECA Foreman Training Class but may not continue to work as a Foreman if he or she does not successfully complete that class. Training provisions shall apply to all existing Foremen.

WORKERS COMPENSATION INSURANCE:

Section 2.04. For all employees covered by this Agreement, the Employer shall carry Workers’

Compensation Insurance, with a company authorized to do business in this state; Social Security; and such

other protective insurance as may be required by the laws of the state in which the work is performed. He

shall also make voluntary contributions to the State Unemployment Compensation Commission regardless

of the number of employees.

SURETY BOND:

Section 2.05(a). Each Employer shall furnish a surety bond in the amount of $ to secure

payment of all amounts due on account of payroll and fund deduction, contribution, and reporting

obligations of the Employer required by this Agreement. The bond shall provide that it may not be

terminated without 15 days prior written notice to the Employer and the Local Union.

(b). The Labor-Management Committee and/or the Council on Industrial Relations, as the case may

be, shall have full power to determine the amount of money due, if any, and shall direct payments of

delinquent wages from the Bond directly to the affected employees and direct payments of delinquent fund

contributions from the Bond directly to the Trustees of the affected funds or to their designated agents.


Section 2.05a / 4.02a - FRINGE BENEFIT BOND – Employers employing from one (1) to five (5) workers shall be required to post a five thousand dollar ($5,000) fringe benefit bond with the Administrative Agent of the Puget Sound Electrical Workers Trust Funds to insure the timely payment of delinquent contributions, liquidated damages, cost of suit, attorney fees payable to all fringe benefit funds, to which Employers are required to contribute by the terms of this Agreement. Employers employing six (6) or more workers shall be required to post a twenty thousand dollar ($20,000) fringe benefit bond with the same Administrative Agent and for the same purposes. Section 2.05b / 4.02b - The Union shall have the responsibility of monitoring the number of workers of an Employer to insure compliance with this provision. Section 2.05c / 4.02c - In the event an Employer fails at any time to secure, maintain, renew or otherwise keep in full force and effect a fringe benefit bond in accordance with the provisions of section 4.02(a), the Union and NECA shall immediately provide the Employer with a written notice in accordance with Section 4.08.

JOINT-VENTURE:

Section 2.06. Employers engaged in joint-venture jobs shall be considered as a new and separate individual

Employer, with all rights herein as they apply to an individual participating Employer. There shall be no

transfer of workers between a joint-venture and any or all of the Employers comprising the joint-venture.

UNION RECOGNITION:

Section 2.07(a). The Employer recognizes the Union as the sole and exclusive representative of all its


employees performing work within the jurisdiction of the Union for the purpose of collective bargaining in

respect to rates of pay, wages, hours of employment and other conditions of employment.

Section 2.07 / 2.02a - The Employer recognizes the Union as the sole collective bargaining agency between itself and the Employees covered under the scope of the Agreement.

(b). The Employer understands that the Local Union's jurisdictionboth trade and territorialis

not a subject for negotiations but rather is determined solely within the IBEW by the International President

and, therefore, agrees to recognize and be bound by such determinations.

WORK PRESERVATION:

Section 2.08(a). In order to protect and preserve, for the employees covered by this Agreement, all

work heretofore performed by them, and in order to prevent any device or subterfuge to avoid the

protection and preservation of such work, it is hereby agreed as follows: If and when the Employer

shall perform any on-site construction work of the type covered by this Agreement, under its own

name or under the name of another, as a corporation, company, partnership, or any other business

entity including a joint venture, wherein the Employer, through its officers, directors, partners, or

stockholders, exercises either directly or indirectly, management control or majority ownership, the

terms and conditions of this Agreement shall be applicable to all such work. All charges or violations

of this Section shall be considered as a dispute and shall be processed in accordance with the

provisions of this Agreement covering the procedure for the handling of grievances and the final and

binding resolution of disputes.

(b). As a remedy for violations of this Section, the Labor-Management Committee, the

Council on Industrial Relations for the Electrical Contracting Industry, and/or an independent

arbitrator, as the case may be, are empowered, in their discretion and at the request of the Union, to

require an Employer to (1) pay to affected employees covered by this Agreement, including

registered applicants for employment, the equivalent of wages lost by such employees as a result of

the violations; and (2) pay into the affected joint trust funds established under this Agreement any

delinquent contributions to such funds which have resulted from the violations. Provision for this

remedy herein does not make such remedy the exclusive remedy available to the Union for violation

of this Section nor does it make the same or other remedies unavailable to the Union for violations of


other Sections or other Articles of this Agreement.

(c). If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees

of the joint trust funds to institute court action to enforce an award rendered in accordance with

subsection (b) above, or to defend an action which seeks to vacate such award, the Employer shall

pay any accountants' and attorneys' fees incurred by the Union and/or Fund Trustees, plus cost of

the litigation, which have resulted from the bringing of such court action.

NON-RESIDENT EMPLOYEES: (Portability)

Section 2.09. An Employer signatory to a collective bargaining agreement or to a letter of assent to

an agreement with another IBEW Local Union, who signs an assent to this Agreement, may bring up

to four bargaining unit employees employed in that Local Union's jurisdiction into this Local's

jurisdiction and up to two bargaining unit employees per job from that Local's jurisdiction to this

Local's jurisdiction for specialty or service and maintenance work. All charges of violations of this

section shall be considered as a dispute and shall be processed in accordance with the provisions of

this agreement for the handling of grievances with the exception that any decision of a local labor-

management committee that may be contrary to the intent of the parties to the National Agreement

on Employee Portability, upon recommendation of either or both the appropriate IBEW

International Vice President or NECA Regional Executive Director, is subject to review,

modification, or rescission by the Council on Industrial Relations.

Section 2.09a / 2.19 OUTSIDE CONTRACTORS/PROVISION FOR BRINGING IN WORKERS - Contractors from outside the jurisdiction of Local Union No. 46, IBEW doing work in the jurisdiction of Local Union No. 46, IBEW may bring in one (1) Journeyman Wireman except as modified by the Ninth District Construction Manpower Reciprocal Agreement. When any complaint or dispute arises dealing with this question, any ruling made by the International Office of the Union shall be accepted and put into effect. Realizing the portability of Employees is necessary for the preservation of some categories of electrical work covered by this Agreement, portability will be provided as mutually agreed to between Local 46 and other IBEW Local Unions. Section 2.09b / 3.25 TRAVELING CONTRACTOR/PREFABRICATION - An Employer whose permanent and established place of business is located outside the jurisdiction of Local Union 46, IBEW shall perform prefabrication of electrical materials, except standard catalog items, with workers employed under the terms of this Agreement. Standard catalog items do not include items made to the special specifications of the Employer or the customer.


FAVORED NATIONS: Note: The IBEW recommends that this language be omitted from all agreements

with independent employers.

Section 2.10. The Union agrees that if, during the life of this Agreement, it grants to any other

Employer in the Electrical Contracting Industry on work covered by this Agreement, any better

terms or conditions than those set forth in this Agreement, such better terms or conditions shall be

made available to the Employer under this Agreement and the Union shall immediately notify the

Employer of any such concession.

Section 2.10a / 2.07 - FAVORED NATIONS CLAUSE – The Union agrees that if, during the term of this Agreement, it grants to any Employer in the electrical contracting industry any better terms or conditions for any of the work covered by this Agreement, all the terms and conditions of the Agreement shall be made available to the Employers signatory to this Agreement. The Union agrees to notify the Puget Sound Chapter, NECA of any such Agreements made by the Union covering work on any single project, and NECA agrees to notify all Employers signatory to this Agreement. However, an exception to this clause is as follows: The Union may, with prior notification to NECA, offer some modifications if necessary to organize a non-signatory electrical contractor. Section 2.10b / 2.20 - The Business Manager shall have authority to target a job for the purpose of protecting the jurisdiction of the Union and work opportunity of the Employees it represents. But while engaging in such targeting activities, the Union agrees that it will not discriminate against any contractor.

Section 2.11. No individual connected with an employing concern as owner, manager, superintendent, or

partner shall perform any manual electrical work.

Section 2.11 / 2.04 OWNERS PERFORMING ELECTRICAL WORK – Owners may work with the tools but are not considered bargaining unit members. Section 2.12. Employers shall not loan their employees to another Employer without first securing the

permission of the Business Manager and then only when applicants possessing the required skills are not

available through the Referral Procedure.

Section 2.12 LOANING OF EMPLOYEES - The Employer shall not loan, or cause to be loaned, the members of the Union in his employ to any other Employer without first securing permission of the Union and then only when applicants possessing the required skills are not available under the referral procedure.

Section 2.13. No applicant or employee, while he remains subject to employment by Employers operating


under this Agreement, shall be recognized as a contractor for the performance of any electrical work.

Section 2.13 / 2.01 - Members of the Union, with the exception of those meeting the requirements of an electrical contractor, as defined herein, shall not contract for any electrical work.

Section 2.14. Journeyman Wiremen shall install all electrical work in a safe and workmanlike manner and

in accordance with applicable code and contract specifications.

Section 2.14a / 3.14 INSTALLATION OF MATERIAL REQUIREMENTS - Employees shall install all electrical work in a safe and workmanlike manner and in accordance with applicable electrical code and contract specifications. Section 2.14b / 3.15 WORK CORRECTIONS - Journeymen shall be required to make corrections on improper workmanship for which they are responsible on their own time and during working hours unless errors were made by order of the Employer’s representative. Employer shall notify the Union of Journeymen who fail to adjust improper workmanship. Should any question or dispute arise with regard to this section, it may be submitted by either party to the Labor-Management Committee in accordance with the terms and conditions as outlined in Sections 1.05 through 1.10.

UNION RIGHT TO DISCIPLINE MEMBERS:

Section 2.15. The Union reserves the right to discipline its members for violation of its laws, rules, and

agreements.

Section 2.15 / 2.10 DISCIPLINE OF UNION MEMBERS - The Union reserves the right to discipline its members for violation of its laws, rules and Agreements.

APPOINTMENT OF STEWARDS:

Section 2.16. The Union has the right to appoint Stewards at any shop and/or any job where workers are

employed under the terms of this Agreement. The Employer shall be notified and furnished the name of the

Steward. Such Stewards shall be allowed sufficient time during the regular working hours without loss of

pay to see that the terms and conditions of this Agreement are observed at the shop or on the job. No

Steward shall be discriminated against by any Employer because of the faithful performance of duties as

Steward, nor shall any Steward be removed from the job until notice has been given to the Business

Manager of the Union.

Section 2.16a / 2.13a JOB STEWARDS - The Union shall have the right to appoint a Steward at any job where bargaining unit members are employed. Such appointed Steward shall remain at such job, except when terminated for cause or until such job has


been reduced to core personnel. Choice of core personnel shall be decided by the Employer. Core personnel shall include all Foremen, General Foremen, transferred personnel, apprentices and individuals referred from the hiring hall prior to the appointment date of the Steward. Stewards appointed under this Section of the Agreement shall have received Steward training by the Union, and other training as developed by the Joint Labor-Management Committee that would assist a Steward in the performance of their duties. On jobs where Stewards are appointed and on site, a Steward shall be present during the layoff of all workers on that job. Section 2.16b / 2.13b - The Steward shall in no case cause a stoppage of work. In case of any trouble on the job, he or she shall immediately notify the Business Manager who will take up any grievance, dispute and/or any other subject matter with the Employer. (It is understood between the parties to this Agreement that the Steward will not discuss any violation of this Agreement, disputes of any nature or grievances with Employers, but will report them to the Business Manager.)

Section 2.16c / 2.13c - Stewards shall work under the direction of the Business Manager and be subject to his or her authority. Such Steward shall see that this Agreement and working rules are observed and shall be allowed sufficient time to perform the duties during regular working hours. The Business Manager shall notify the Employer of the appointment of a Steward. Under no circumstances shall an Employer dismiss or otherwise discriminate against an Employee and/or Shop Steward for making a complaint or giving evidence with respect to an alleged violation of a provision of this Agreement.

Section 2.16d / 2.13d - The Employer shall notify the Union representative twenty-four (24) hours prior to termination of a Steward except for discharge for just cause. Just cause is defined as intoxication or insubordination. In case of discharge of a Steward for just cause, the Employer shall immediately notify the Union office.

Section 2.16e / 2.13e - In no event shall the Employer discriminate against a Steward in the matter of overtime, layoffs, or rehires. In the event a Steward is to be laid off, a Committee representing the parties to this Agreement may review the action upon request.

UNION JOB ACCESS:

Section 2.17. A representative of the Union shall be allowed access to any shop or job, at any reasonable

time, where workers are employed under the terms of this Agreement.

Section 2.17 / 2.14 UNION ACCESS TO SHOP AND JOBS - The representative of the Union shall be allowed access to any job at any reasonable time where workers are employed under the terms of this Agreement. The Employer will provide the Union with a list of ongoing job sites upon request.

PICKET LANGUAGE:


Section 2.18(a). It shall not be a violation of this Agreement and it shall not be cause for discharge or any

other disciplinary action by the Employer against any employee for an employee to refuse to cross a

lawfully established primary picket line whether at the premises of another Employer or the employee's own

Employer.

(b). Any employee exercising such right shall carefully put away all tools, materials, equipment, or

any other property of the Employer in a safe manner. Each employee will be responsible for any loss to the

Employer for neglect in carrying out this provision but only when a safe place is provided for by the

Employer.

Section 2.18 / 2.11 UNION ASSISTANCE TO OTHER LOCAL UNIONS - This Agreement does not deny the right of the Union or its representatives to render assistance to other organizations by removal of its members from jobs when necessary, and when the Union or its proper representatives decide to do so; but no removal shall take place until notice is first given to the Employer involved. When such removal takes place, the Union or its representatives shall direct the workers on such job to carefully put away all tools, material, equipment or any other property of the Employer in a safe manner. The Union will be financially responsible for any loss to the Employer for neglect in carrying out this provision, but only when a safe place is provided for these by the Employer.

Section 2.19. There shall be no limit on production of workers or restriction on the safe use of proper tools

or equipment, and there shall be no taskwork or piecework.

Section 2.19a / 3.30 LABOR SAVING MACHINERY - The Union agrees that there shall be no restriction on the use of labor-saving machinery or equipment on the job. However, any such machinery or equipment shall be operated by workers employed under the terms of this Agreement. Section 2.19b / 3.31 EXPLOSIVE ACTUATED TOOLS - Explosive actuated tools are recognized as tools of the trade, and the Union will not, in any manner restrict their use, if they are used and/or operated in accordance with the State of Washington, Department of Labor and Industries Special Standards for the Operation of Explosive Actuated Tools. However, only workers who are willing and qualified shall be required to operate them. No Employee shall be discriminated against for their refusal to qualify.

TOOL LIST:

Section 2.20. Journeyman Wiremen shall provide themselves with the following tools:

(Note: This list is to be negotiated and mutually agreed upon by the local parties.)

The Employer will furnish necessary locked storage to reasonably protect tools from the weather

and vandalism and will replace such tools as listed above when tools are damaged on the job or stolen from


the locked storage.

Section 2.20a / 3.12a JOURNEYMAN TOOL REQUIREMENTS - The minimum amount of tools journey workers shall provide and carry in their toolbox or tool pouch shall be as follows:

Knife* Channel Locks* Pliers* Flashlight* Hacksaw Frame* Wood Chisel (small) Test Lamp, Wiggen or Amprobe Crescent Wrench (not over l0") 1/4" Tap Wrench Current NEC Code Book Pencil* Six (6) Ft. Ruler* Hammer* Plumbob* Keyhole Saw Frame Center Punch Level (small)* Screw Driver (not over 8" blade)* Cold Chisel Set of Allen Wrenches (not over 3/8") Tool Pouch or Tool Box

*All apprentices shall add to their tools as rapidly as possible until they have a complete

set of tools. Marked tools shall be provided by the 1st period apprentice when employed.

Section 2.20b / 3.12b The Employer will provide replacement of tools for losses due to

theft by break-in.

Section 2.21. The Employer shall furnish all other necessary tools or equipment. Workers will be held

responsible for the tools or equipment issued to them, provided the Employer furnishes the necessary

lockers, tool boxes, or other safe place of storage. Tools must be taken out and put away during working

hours.

Section 2.21a / 3.12c EMPLOYER TOOL REQUIREMENTS - The Employer "only" shall furnish the following list of tools when required: All power driven tools, portable electric drills, stock and dies, electric hammer, electric hacksaw, power actuated tools, any measuring instrument over thirty (30') feet long, axes (hand), acetylene torch, presto tank, benders, bars (crow and pinch), cable puller (come-along), cable pulling grips, chains (log


and tong), chalk and chalk line, coffing hoist, cutters (rotary), drills (twist and star), electric soldering set, files, fish tape or steel, flashlight batteries and bulbs, gads, gas furnaces, gas torch, goggles, hacksaw blades, hammers (sledge), hickeys, jacks, keyhole reamers (over 1 ¼"), saws (hand), solder (pot and ladle), squares (carpenter), taps, vices, wood bits and bit extension, wrenches: Allen wrenches (over 3/8"), box end wrenches (over 1/2"), crescent wrenches (over 10"), socket wrenches and sockets (over 1/4" drive), tap wrenches, pipe wrenches, and any other special tool requirement for any kind of unusual work, and other than standard rubber boots when required for work in wet locations. No Employee shall provide, or transport in their toolbox, any tools furnished by the Employer. Section 2.21b / 3.13 EMPLOYEES RESPONSIBILITY FOR EMPLOYERS’ TOOLS - Employees will be held responsible for tools and equipment issued them, providing the Employer furnished the necessary lockers, toolboxes, or other safe places for storage and adequate time for pickup. All tools shall be permanently marked where practical. Section 2.21c / 3.32 SHELTERS/TOILET FACILITIES/WATER - The Employer shall provide shelter for change of clothing, heat for drying same, where necessary, a clean, dry heated and ventilated facility with benches for eating lunch and proper toilet facilities and drinking water on all jobs as provided under City Ordinance and State Laws.

Section 2.22. The refusal by an individual employee to install, service, or perform work on any sign,

fixture, or other equipment which does not bear an IBEW Union Label will not be cause for discipline or

discharge of such employees by his Employer nor shall the Union be deemed to have breached this

Agreement thereby.

UNION SECURITY:

Section 2.23. All employees covered by the terms of this Agreement shall be required to become and

remain members of the Union as a condition of employment from and after the eighth day following the

date of their employment or the effective date of this Agreement, whichever is later. (Note: This clause is

not applicable where prohibited by law.)

Section 2.23a / 2.02c - All Employees covered by this Agreement shall be required to become and remain members in good standing of the Union as a condition of employment from and after the eighth (8th) day following the date of their employment or the effective date of this Agreement, whichever is later. All Employees who may be accepted into membership shall thereafter maintain their continuous good standing in the Union, as a condition of employment, by paying regular monthly union fees uniformly paid by other members of the same classification in the Union in order to defray the costs of the collective bargaining agency in accordance with its rules. In the event that an Employee fails to tender the admission fee or a member of the Union fails to maintain his or her


membership in accordance with the provisions of this section, the Union shall notify the Employer in writing and such written notice shall constitute a request to the Employer to discharge said individual Employee. Section 2.23b / 2.16 - The Employer shall furnish the Union with a list, monthly, of workers employed showing the hours and weeks worked if requested to do so by the Union. Section 2.23c / 2.17 - The policy of the Local Union and its members is to promote the use of materials and equipment manufactured, processed or repaired under economically sound wage, hour and working conditions by the members of the IBEW when possible.

AGE-RATIO:

Section 2.24. On all jobs requiring five or more Journeymen, at least every fifth Journeyman, if

available, shall be 50 years of age or older.

Section 2.24 / 3.28 EMPLOYMENT REQUIREMENT OF OLDER WORKERS - For each five (5) electricians or for each four (4) electricians and one (1) apprentice employed, the Employer agrees to employ at least one (1) worker who is between fifty (50) and sixty-five (65) years of age. Workers age 60 or older working on crews of six (6) or more with mutual consent may work a six (6) hour day.

ANNULMENT/SUBCONTRACTING:

Section 2.25. The Local Union is a part of the International Brotherhood of Electrical Workers and

any violation or annulment by an individual Employer of the approved Agreement of this or any

other Local Union of the IBEW, other than violations of Paragraph 2 of this Section, will be

sufficient cause for the cancellation of his Agreement by the Local Union after a finding has been

made by the International President of the Union that such a violation or annulment has occurred.

The subletting, assigning, or transfer by an individual Employer of any work in connection with

electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local

Unions as the collective bargaining representative of his employees on any electrical work in the

jurisdiction of this or any other Local Union to be performed at the site of the construction,

alteration, painting or repair of a building, structure or other work, will be deemed a material

breach of this Agreement.


All charges of violations of Paragraph 2 of this Section shall be considered as a dispute and shall be

processed in accordance with the provision of this Agreement covering the procedure for the

handling of grievances and the final and binding resolution of disputes.

Section 2.25a / 2.18a ANNULMENT AND SUBCONTRACTING - The Local Union is a part of the International Brotherhood of Electrical Workers and any violation or annulment by an individual Employer of the approved Agreement of this or any other Local Union of the IBEW, other than violations of paragraph (b) of this Section, will be sufficient cause for the cancellation of their Agreement by the Local Union, after a finding has been made by the International President of the Union that such a violation or annulment has occurred. Section 2.25b / 2.18b - The subletting, assigning or transfer by an individual Employer of any work in connection with electrical work to any person, firm or corporation not recognizing the IBEW or one of its Local Unions as the collective bargaining representative of their Employees on any electrical work in the jurisdiction of this or any other Local Union to be performed at the site of the construction, alteration, painting or repair of a building, structure or other work will be deemed a material breach of this Agreement. Section 2.25c / 2.18c - All charges of violation of paragraph (b) of this Section shall be considered as a dispute and shall be processed in accordance with the provisions of this Agreement covering the procedure for the handling of grievances and final and binding resolution of disputes.

ARTICLE III

HOURS/WAGES/WORKING CONDITIONS

HOURS: (Workday/Workweek)

Section 3.01(a). Eight hours work between the hours of 8 a.m. and 4:30 p.m., with 30 minutes for a lunch

period between noon and 12:30 p.m. shall constitute the workday. Five such days, Monday through Friday,

shall constitute the workweek. The normal workday may be varied by no more than two hours by mutual

agreement between the Union and the Employer.

Section 3.01a ESTABLISHMENT OF SIX HOUR / EIGHT HOUR DAY - Work under this Agreement shall be on the basis of the six (6) hours per day or eight (8) hours per day, as decided by the Labor-Management Committee. Four Tens (4 x 10’s) will be acceptable providing the Union is notified by the Employer at least twenty-four (24) hours before beginning the four-tens (4 x 10’s) within the following guidelines: Shift must occur between Monday through Friday; and days must be consecutive; and within standard starting times


as provided herein; and, overtime shall be double the straight time rate of pay after regular hours and shall be one and one half (1½) times the regular shift rate for the first eight (8) hours of the fifth (5th) day excluding Sunday and all other overtime shall be double the straight time rate of pay. Within the context of this Section the Employer shall be allowed to stagger a shift on short (6 hour) workdays. A 4 x 10 shift may be worked on swing or graveyard at the applicable shift rate of pay. Section 3.01b - The Labor-Management Committee shall meet to consider six (6) hour days provided in this Section when unemployment reaches 20% or more. Section 3.01c / 3.02 STANDARD HOURS STARTING TIME - Work under this Agreement shall be on the basis of eight (8) hours per day between the hours of six (6:00) a.m., six-thirty (6:30) a.m., seven (7:00) a.m., seven-thirty (7:30) a.m. or eight (8:00) a.m. and four-thirty (4:30) p.m., with thirty (30) minutes for a meal period, after not more than five (5) hours of work. Forty (40) hours within five (5) days, Monday through Friday inclusive, shall constitute a workweek. JATC Training Director may alter the 6:00 a.m. start time for Apprentices to 6:30 a.m. as the situation warrants. Section 3.01d / 3.17 WORKERS REPORT TIME - When workers are ordered to report to the shop in the morning, they shall report at the start of their shift and when ordered to return to the shop, they shall report no later than quitting time as provided for elsewhere in this Agreement. No work shall be performed prior to the established starting time. Employees shall report on the job or shop ready to begin work by starting time. All Employers shall report to the Local Union office on all electricians working more than two (2) hours of overtime. Section 3.01e / 3.18 EARLY STARTING TIME - Employees called for duty four (4) hours or more before the beginning of regular working hours shall be paid at one and one-half (1½) times the regular shift rate for the first two hours immediately before the regularly scheduled shift and at double the regular shift rate for all other hours before the regular shift. Section 3.01f / 3.07 DIFFERENT STARTING TIMES - Due to tides, ordinances and other conditions beyond the control of both parties to this Agreement, the starting time of the work day may be established by the Labor-Management Committee to fit such conditions. When Employees work under the above-mentioned conditions during the weekdays, they shall receive a full day’s pay at the straight time rate of pay. If Employees report for work and are not put to work, they shall receive one-half (½) day’s pay. On Saturday, Sunday and Holidays, if Employees report for work and are not put to work, they shall be paid one-half (½) day at the double time rate and if work is started the Employee shall be paid a minimum of one-half (½) day at the double time rate. However, Employees who voluntarily quit, are laid off or are discharged for cause shall be paid for actual hours worked. This Section shall apply where circumstances are determined by the Labor-Management Committee to be appropriate for review.


FOUR 10-HOUR DAYS: (Optional language) Note: This is the standard language utilized in CIR

decisions. Alternative language may be negotiated and agreed upon at the local level.

Section 3.01(b). The Employer, with 24-hour prior notice to the Union, may institute a workweek

consisting of four consecutive 10-hour days between the hours of 7 a.m. and 6 p.m., Monday through

Thursday, with one-half hour allowed for a lunch period. Friday may be used as a make-up day, and

if utilized, a minimum of eight hours must be scheduled. After 10 hours in a workday, or 40 hours in

a workweek, overtime shall be paid at a rate of 1 ½ times the regular rate of pay.

OVERTIME/HOLIDAYS:

Section 3.02. All work performed outside of the stated hours and on Saturdays will be paid at time and

one-half of the regular straight-time rate. Sundays and the following holidays shall be paid at double the

straight-time rate: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day,

Thanksgiving Day, Christmas Day, ____________________ or days celebrated as such.

Section 3.02a / 3.06a OVERTIME RATE - All work performed outside of the regularly scheduled working hours shall be considered overtime. During the regular work week the first two hours of overtime worked shall be at one and one-half (1½) times the regular shift rate. During the first eight (8) hours of work on Saturday the overtime rate shall be one and one-half (1½) times the regular shift rate. All work performed outside of the hours specified in Section 3.06 (a) shall be paid at double the regular shift rate. The first two (2) hours of emergency call out shall be at the time and one-half (1½) rate. When Employees are required to work more than three (3) hours of overtime beyond their established shift, the Employee shall be allowed a paid thirty (30) minute meal period prior to or during the overtime period. The paid meal period shall be scheduled by the Employer.

Section 3.02b / 3.06b OVERTIME RATE HOLIDAY - All work performed on the following holidays: New Year’s Day, Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day or any holiday observed by the Seattle (Washington) Building and Construction Trades Council of the American Federation of Labor shall be paid for at double the straight time rate of pay with the exception to this rate noted in Section 3.03. When a holiday falls on Sunday, the following Monday shall be observed, when a holiday falls on Saturday, the preceding Friday shall be recognized and shall be paid for at double the regular straight time rate of pay. No work shall be performed on Labor Day, except in case of an emergency. Section 3.02c / 3.06c OVERTIME RATE - BREMERTON ONLY - Maintenance, repair and alteration type work (alteration work defined as on occupied premises) performed during all hours outside the normal working hours, Saturday and Sunday inclusive, shall


be paid for at one and one-half (1½) times the regular straight time rate of pay. Section 3.02d / 3.05 ASSIGNMENT OF OVERTIME WORK - Every reasonable effort will be made to offer overtime to workers on the jobsite. Section 3.02e / 3.20 HIGHTIME - Whenever Employees are working at a distance greater than the fifty (50) foot level or higher from the ground or floor where scaffolding is not practical, they shall be paid at one and one-half (1½) times the regular hourly rate of pay on straight time hours. Whenever Employees are working at a distance greater than an eighty (80) foot level or higher from the ground or floor where scaffolding is not practical, they shall be paid at double the regular hourly rate of pay on straight time hours. On overtime hours, they shall be paid the appropriate overtime rate plus an additional one (1) hour at the regular hourly rate of pay on straight time hours. Section 3.02f / 3.33a TUNNEL CONSTRUCTION - All workers employed under the terms and conditions of this Agreement working on new tunnel construction and working in the tunnel shall be paid the regular hourly wage plus ten percent (10%) for such work. However, this shall not apply to tunnels constructed by the open cut method. Section 3.02f / 3.33b - For workers working under air pressure, the following schedule or rate of wage shall apply:

FROM: TO:

1 LB 18 LBS 6 hours work for 8 hours pay plus 10% for tunnel work 18 LBS 26 LBS 4 hours work for 8 hours pay plus 10% for tunnel work 26 LBS 33 LBS 3 ½ hours work for 8 hours pay plus 10% for tunnel work 33 LBS 38 LBS 3 hours work for 8 hours pay plus 10% for tunnel work

Section 3.02g1 / 3.29(d)1 LIGHT DUTY - The intent of this Section is to create a work classification known as Light Duty. The objective of the light duty classification is to establish wage and fringe benefit requirements while an individual has an open Workers Compensation claim and is under doctor’s restrictions on the type and/or duration of work that can be performed by the injured worker. Light Duty, as allowed by Washington State Workers Compensation statutes, is offered at the option of the contractor. Section 3.02g2 / 3.29(d)2 - Any bargaining unit Employee working under the terms and conditions of this agreement on the date of injury shall retain their bargaining unit status. Bargaining unit Employees performing any Light Duty work, including, but not limited to, work defined in Section 3.29(a), (b), (c) and as approved by the injured worker’s doctor, shall receive 85% of the straight time rate of pay for their classification at the time of injury at the contract rate in effect during the light duty status.

Section 3.02g3 / 3.29(d)3 - For all bargaining unit Employees working under the light duty classification, contractors will contribute all fringe benefit payments for individuals


performing bargaining unit work under Section 3.29(a), (b), (c), at the contract rate in effect during the Light Duty status. For individuals performing non-bargaining unit work, contractors will contribute Health and Welfare payments at the contract rate in effect during the Light Duty status. No other fringe benefit payments are required for non-bargaining unit work. Contractors will remit these contributions with their monthly fringe benefit payments. Section 3.03. No work shall be performed on Labor Day, except in case of emergency.

PAYDAY:

Section 3.04(a). Wages shall be paid weekly in cash or by payroll check on a local bank not later than

quitting time on Friday and not more than three days' wages may be withheld at that time. Any worker laid

off or discharged shall be paid his/her wages immediately. In the event the worker is not paid off, as

provided above, waiting time at the appropriate rate shall be charged until payment is made. The Employer

will either pay the worker at the jobsite during regular working hours or allow sufficient time during regular

working hours to report to the shop to receive payment.

Section 3.04a / 3.09a WAGES AND EXPENSES DUE DATE - Wages and other expenses shall be paid weekly on Friday. Not more than five (5) days' wages may be withheld at any one time by the Employer. The Employer shall have the option of either mailing the paycheck or giving it to the Employee on Friday. Checks mailed and not received by Friday shall carry a $100.00 late penalty if the postmark is stamped later than Wednesday. This late penalty shall only be assessed if the check arrives after Friday and the electrician retains the envelope with the postage date stamp. Whether or not it is the fault of the Employer, Employers who violate this provision more than three (3) times in any six (6) months shall forfeit the right to mail paychecks for a period of one (1) year. If the Employee has not received the paycheck by the start of the day shift on Monday and notifies the Employer by no later than 10:00 a.m. on Monday, the company shall deliver a replacement check to the job site by the end of the day shift or be subject to a $100.00 penalty for that day and a $100 penalty per day for every day the check is late thereafter. Section 3.04b / 3.10e STATEMENT OF EARNINGS AND DEDUCTIONS - An itemized detachable statement on all earnings and deductions shall be attached to each paycheck. Section 3.04c / 3.10f PAYROLL CHECKS / ELECTRONIC FUNDS TRANSFER - If the Employer does not have a bank within Washington State, then the Employer shall make arrangements for the Employee to cash the payroll check locally without any cost to the Employee. It is the policy of the Local Union and its members to encourage the utilization of direct deposit of payroll checks (also referred to as Electronic Funds Transfer) when offered by the Employers signatory to this Agreement. The Employer may direct deposit the payroll check into the Employee’s account, but only with the Employee’s prior written consent.


Section 3.04d / 3.10a PAYMENT OF WAGES/ LAYOFF OF WORKERS - Any worker laid off, voluntarily terminated or discharged for cause shall be paid all their wages. Any Employee who voluntarily terminates or is discharged for cause may have their wages paid by mail at the next regular pay period; this is at the option of the Employer. If the employee is laid off, the Employer shall have the option of mailing the check or the Employee has the option of picking up the check at the main office at the end of the next business day or by mail per Section 3.09(a). Two (2) hours penalty time, at the straight time rate, will be paid if the error in severance pay exceeds four (4) hours of wages. However, such errors shall be corrected before the end of the Employer's next regular working day (Monday through Friday). The Employee shall pick up the check at the Employer's office or request that it be mailed to the Employee for the amount in error. This clause is applicable in the case of NSF checks. An NSF check shall be treated as if the Employee did not receive a check. The Employee shall be paid eight (8) hours at the applicable shift rate for each day (Monday through Friday) until the Employee is made whole for all payroll and penalties owed. This section shall not apply to NSF checks due to bank errors. However, the Employer shall be held strictly accountable for any documented returned check charges incurred by the Employee, if the Employee notifies the Employer immediately of the NSF check.

DIRECT DEPOSIT: (Optional language)

Note: Alternative language may be negotiated and agreed upon at the local level.

Section 3.04(b). Employees may voluntarily allow for direct electronic deposit of wages on a weekly

basis to the bank or credit union of the employee’s choice. This manner of payment, once adopted,

may not be changed except upon 14-day advance written notification between the employee and

Employer with notification copied to the Union.

CLASSIFICATIONS/WAGES:

Section 3.05(a). The minimum hourly rate of wages shall be as follows:

JOURNEYMAN WIREMAN $

JOURNEYMAN TECHNICIAN 100% OF JOURNEYMAN WIREMAN RATE

FOREMAN

GENERAL FOREMAN

Section 3.05a / 3.08a WAGES AND FRINGE SCHEDULE - The parties have agreed to a total wage/fringe increase as indicated below. NECA and IBEW shall partner on the distribution of the negotiated increases.

07/02/07 $2.50

Note: The differential for other classifications, such as Foreman, may be expressed as either a percentage of the Journeyman rate or as a specific monetary amount.


06/02/08 $3.00 06/01/09 $3.50

Section 3.05b / 3.08b The following is the minimum rate of wages for all work on or after July 02, 2007:

JOURNEYMAN WIREMAN AND JOURNEYMAN TECHNICIAN 07/02/07 $36.93 06/02/08 $39.84 06/01/09 $43.24 TITLE RATE OF PAY General Foreman 20% above Journeyman Foreman 10% above Journeyman Cable Splicer 10% above Journeyman Certified Welder 5% above Journeyman

(Note: USE EITHER SIX (6) PERIOD OR TEN (10) PERIOD LANGUAGE)

APPRENTICE WIREMAN – SIX (6) PERIODS

1ST PERIOD % OF JOURNEYMAN WIREMAN RATE

2ND PERIOD % OF JOURNEYMAN WIREMAN RATE

3RD PERIOD % OF JOURNEYMAN WIREMAN RATE

4TH PERIOD % OF JOURNEYMAN WIREMAN RATE



(Note: Unindentured Wage Rates should be attached as an Appendix to the agreement.)

(ALTERNATE LANGUAGE - 10-6 MONTH PERIODS)

APPRENTICE WIREMAN - TEN (10) PERIODS

1ST PERIOD % OF JOURNEYMAN WIREMAN RATE

2ND PERIOD % OF JOURNEYMAN WIREMAN RATE

3RD PERIOD % OF JOURNEYMAN WIREMAN RATE









(Note: Unindentured Wage Rates should be attached as an Appendix to the agreement.)

Section 3.05c / 3.08c APPRENTICE RATE OF PAY AND FRINGE BENEFIT SCHEDULE

Period OJT Hours % of Journeyman 1st 0 to 1,000 hours 40% of Journeyman* 2nd 1,000 to 2,000 hours 50% of Journeyman 3rd 2,000 to 3,500 hours 55% of Journeyman 4th 3,500 to 5,000 hours 65% of Journeyman 5th 5,000 to 6,500 hours 75% of Journeyman 6th 6,500 to 8,000 hours 85% of Journeyman *On June 2, 2008 the 1st Period Rate will increase to 45% of the Journeyman rate.

FRINGES:

Section 3.05(b). In addition to the above hourly rates, payments shall be made as follows:

1. NEBF 3% of gross labor payroll. (Reference Section 6.01)

2. Health & Welfare Fund (Alternative: Employee (or) Family Medical Care)

3. Vacation Fund Note: Fringes may be expressed as either

4. Industry Fund percent of the gross monthly payroll (or)

5. NEAP cents per hour for each hour worked or cents per hour for

each hour paid.

6. Local Union Pension

7. Supplemental Unemployment Benefit

8. Apprenticeship & Training

9. NLMCC 1 cent per labor hour worked (Reference Article IX)

10. National Electrical 401k Plan (If negotiated locally by the two parties)

In addition to the above hourly rates payments shall be made as follows: Section 3.05d / 3.08d NEBF - 3% of gross labor payroll


Section 3.05e / 3.08e HEALTH AND WELFARE 07/02/07 $6.70 06/02/08 $6.70 06/01/09 $6.70

Section 3.05f / 3.08f PENSION - (not applicable to unindentured, 1st and 2nd period apprentices in the six period program). Apprentices in the six period program shall be paid a percentage of the pension equal to the percentage applied in determining wages.

07/02/07 $4.18 06/02/08 $4.18 06/01/09 $4.18

Section 3.05g / 3.08g ANNUITY - A defined contribution program (not applicable to

unindentured, 1st and 2nd period apprentices). Apprentices in the six period program shall be

paid a percentage of the annuity equal to the percentage applied in determining wages.

07/02/07 $1.75 06/02/08 $1.75 06/01/09 $1.75

Section 3.05h / 3.08h JATC - To be paid on all indentured apprentices.

07/02/07 $.58 06/02/08 $.58 06/01/09 $.58

Section 3.05i / 3.08i VACATION FUND - Six percent (6%) of wages (deducted), except unindentured, first and second period apprentices.

Section 3.05j / 3.08j SAP - Employers will contribute $.10 per hour to the Portland Electrical Industry Drug Free Workplace Program.

Section 3.05k / 3.08k NLMCC/LMCC - Effective December 31, 2001 a contribution of one cent ($.01) per hour worked under this Agreement, up to a maximum of 150,000 hours per year, shall be contributed to the NECA – IBEW National Labor Management Cooperation Committee. Effective June 6, 2005 each Employer shall contribute $0.01 per hour worked for a local Labor Management Cooperation Committee. Section 3.05l / 3.08l CABLE SPLICERS - Cable splicers shall be paid cable splicer pay whenever certified splicers are required. Journeymen only shall be used in assisting the cable splicer. Cable splicers shall not be required to work on wires or cables where the difference in potential is over 300 volts between any two conductors or between conductors and ground, unless assisted by another Journeyman. In no case shall cable


splicers be requested to work on energized cables carrying in excess of 400 volts. Section 3.05m / 3.08m PREVAILING WAGE JOBS - With the approval of both the IBEW and NECA and on a bid-by-bid basis, prevailing wage projects may be frozen at the prevailing wage contained in the bid documents for the length of the projects. Any increase in fringe benefits will not be affected by a wage freeze. Overtime rates shall be as provided by statute. Apprentices’ wages shall not be affected by this Section and, therefore, when working on frozen prevailing wage jobs, their wage shall be the contract wage and shall not be based upon the frozen prevailing wage amount.

Section 3.05n / 2.15 - NO REBATE OF WAGES - No Employer or member of the Union or their agent shall give or accept directly or indirectly any rebate of wages. Any Employer found violating this provision shall be subject to having the Agreement terminated upon written notice thereof being given by the Union.

TRAVEL TIME:

Section 3.06(a). No traveling time shall be paid before or after working hours for traveling to or from any

job in the jurisdiction of the Union when workers are ordered to report on the job.

(b). The Employer shall pay time for travel and furnish transportation from shop to job, job to job,

and job to shop within the jurisdiction of the Union. On work outside the jurisdiction of the Union, the

Employer shall furnish transportation, traveling time, room and board, and all other necessary expenses.

Section 3.06a / 3.21a SUBSISTENCE - On all jobs requiring the Employees to remain away from home overnight, the Employer shall furnish board and lodging and other necessary expenses. Thirty-five ($35) dollars per day worked shall be a minimum amount, except where adequate subsistence or lodging is furnished on the job by the Employer and workers do not desire to accept such camp facilities, workers shall be reimbursed at the established cost of such camp facilities as long as they remain on the job. Section 3.06b / 3.21b TRAVEL TIME PAY - The Employer shall provide transportation and pay for actual travel time at the regular straight time rate of pay, but in no case to exceed eight (8) hours pay in any one (1) day.

Section 3.06c / 3.21c BUSSING - When bussing is required to and from a project work site, the Employer shall designate an assembly point. Employees who are required to be bussed to and from the work site shall be paid wages and benefits at the straight time rate of pay for the time riding the bus to and from the assembly point. Section 3.06d / 3.21d MILEAGE - The Employer shall furnish transportation to all workers during actual working hours on all jobs, traveling from shop to job, job to job, and job to shop. When a worker is requested by the Employer to use the worker's private automobile, the Employer will reimburse the worker for the use of their automobile at the rate permitted


by the IRS per mile traveled, plus all parking fees. However, this does not include any traffic violation tickets. A free travel zone shall exist for a 35-mile radius from the point of dispatch. Any special fees for transportation such as ferry fares, bridge tolls, and turnpike fees shall be paid by the Employer. The worker shall not be allowed to carry material or the Employer's tools at any time in their private automobile. No worker shall use their automobile in any manner detrimental to the best interest of other workers. Workers may use their own automobiles for their personal transportation to and from the job, before and after working hours, as provided for elsewhere in this section. Section 3.06e / 3.22 DRIVING EMPLOYER VEHICLE - No member shall drive an Employer's automobile or other conveyance before or after actual working hours, unless the Employee is registered with the Union by the Employer. Section 3.06f / 3.23 TRAVEL ZONES - The jurisdiction of Local Union 46 shall be divided into four (4) travel zones. ZONE 1 - That area located within the territory bordered on the North by the Snohomish and King County line, starting at a point where the Snohomish-King County line meets the East shoreline of Puget Sound, thence East along the Snohomish-King County line to 492nd Avenue N.E., thence South along 492nd NE and 492nd Avenue SE to the Pierce County Line, thence West along the Pierce County Line to the East shoreline of the Puget Sound, thence North along the East shoreline of Puget Sound to a point beginning where the Snohomish-King County line meets the East shoreline of Puget Sound, all of the above territory being within the limits of King County. ZONE 2 - All of Kitsap County ZONE 3 - All of Eastern Jefferson and Clallam Counties East of the 124

longitude.

ZONE 4 - All of Eastern Jefferson and Clallam Counties West of the 124 longitude.

Any Employer whose permanent place of business is located in one of these zones may use a thirty-five (35) mile radius from the dispatch point as free travel. Any Employee sent across a zone boundary and exceeding the thirty-five (35) mile radius shall receive one-half (1/2) the subsistence rate; across two (2) zone boundaries and exceeding the thirty-five (35) mile radius, they shall receive full subsistence pay. But if an Employer hires from the out-of-work list located in that same zone as the job the Employer will not be obligated to pay subsistence. EXCEPTION: Workers dispatched from the Port Angeles hall to Zone 4 shall be paid subsistence unless they are resident of that zone, or are sent to a permanent contractor of that zone (Definition of resident or permanent contractor: they shall have been there at least 90 days prior to start of job).


When workers are required to report directly to the job within the boundaries described above as the Travel Expense Zone, they shall report on the job not later than the regular starting time of the shift and shall not leave the job before the regular quitting time of the shift. In this case, the job shall be considered the same as the Employers’ place of business or shop. Section 3.06g / 3.24 OPTION OF TRAVEL EXPENSE VS. SUBSISTENCE - Should such reimbursement exceed the thirty-five dollars ($35.00) daily minimum as provided for in Section 3.21, then the Employer will reimburse the workers in accordance with the terms as set forth in Section 3.21(a). Section 3.06i / 3.26a CONDITIONS WHILE WORKING IN OTHER JURISDICTIONS - When workers are sent out of the jurisdiction of Local Union No. 46, the Employer will be required to pay the workers the wage rate of the Local Union which has the highest rate of pay, pay their vacation pay in accordance with Section 4.07 and pay their Health and Welfare contribution to the Puget Sound Electrical Health and Welfare Trust Fund. But, in the event that the other Local Union has a Health and Welfare and pension program, all applicable reciprocity Agreements subscribed to by Local 46 shall apply. There shall be mandatory reciprocity of benefits as workers brought into the jurisdiction of Local 46 under manpower reciprocity Agreements, however, Local 46 wage and benefit packages shall apply. Should the worker be required to remain away from home overnight, the Employer will then reimburse the worker for actual expense, thirty-five dollars ($35) per day worked except where adequate subsistence of lodging is furnished on the jobs by the Employer as set forth in Section 3.21. Section 3.06j / 3.26b - When the workers are sent out of the jurisdiction into the jurisdiction of another Local Union by the Employer during their regular working hours, the workers shall be reimbursed by the Employer for all transportation costs and paid for the actual time traveled, but in no case to exceed eight (8) hours in any one twenty-four (24) hour period. When traveling outside of the regular working hours the Employer will furnish or reimburse the workers for the actual transportation costs, sleeping facilities, and meals. The time for travel shall be designated by the Employer. Section 3.06k / 3.26c - If the workers desire to use their own private automobiles, they shall be reimbursed by the Employer for use of same, equivalent to the rail, bus or water transportation fare. When the workers are requested by the Employer to use their (workers) private automobiles, the Employer will reimburse the workers for the use of said automobile at the rate approved by the IRS for miles traveled, plus all parking fees. However, this does not include any traffic violation tickets (NOTE: The miles traveled will be by the shortest route and the mileage will be paid on the actual miles shown on the various standard road maps). Section 3.06l / 3.26d - All questions or disputes arising as to the interpretation or application of the provisions contained in Sections 3.21 and 3.26 above shall be handled


as herein provided or by the Labor-Management Committee. Section 3.06m / 3.27 GOVERNMENT INSTALLATIONS/CAR PASSES - If car passes are not made available to Employees, suitable transportation will be made available from the gate nearest the job site and return. Reporting time at the gate will be starting time. Workers will be returned to the gate by quitting time.

Section 3.07. When the employee is required to report to a job and required to change jobs during regular

work hours, the Employer shall pay for traveling time and furnish transportation.

Section 3.08. When an employee must eat his meals on the job, arrangements shall be made for suitable

protected quarters.

UNION DUES DEDUCTION:

Section 3.09. The Employer agrees to deduct and forward to the Financial Secretary of the Local

Unionupon receipt of a voluntary written authorizationthe additional working dues from the

pay of each IBEW member. The amount to be deducted shall be the amount specified in the

approved Local Union Bylaws. Such amount shall be certified to the Employer by the Local Union

upon request by the Employer.

Section 3.09 / 3.09b DUES DEDUCTION - It is the policy of Employers signatory to this Agreement to promote and administer deduction of working dues and assessments from the wages of its Employees and forward the money, along with the fringe payments, to the Administrator. When the Employee elects to participate, the Employee shall authorize in writing the deduction of dues on a form furnished by the Union. The Employer agrees to make deductions each payroll period in an amount as determined by the Union.

RATIO OF FOREMEN TO JOURNEYMEN:

Section 3.10. On any job requiring two or more Journeymen, one shall be designated as Foreman by the

Employer. An additional Foreman shall be designated by the Employer for each additional eight

Journeymen required on the job. When two or more Foremen are required on any job, one shall be

designated by the Employer as the General Foreman. Foremen on one job shall not work on another job

except in cases of emergency. This does not apply to a Shop Foreman who may supervise jobs worked out

of a shop.


Section 3.10a / 3.11a FOREMAN/GENERAL FOREMAN RATIO - On any job on which four (4) or more Journeymen are employed, a Foreman shall be designated. No Foreman shall have more than ten (10) Journeymen per crew. When the second Foreman is required, each Employer shall designate a General Foreman. Section 3.10b / 3.11b - General Foreman may act as the second Foreman and supervise up to 10 wiremen. When a third Foreman is required, General Foreman shall not work with the tools or supervise a crew.

Section 3.10c / 3.11c - Nothing in this Section shall prohibit a General Foreman from expediting tools or materials, providing layout and supervision to Foremen and checking out electrical systems.

Section 3.10d / 3.11d - On multiple shift jobs, a General Foreman may direct several shifts. However, he/she must be available to perform his/her duties. In no case shall a Foreman take on the responsibility of being a de facto General Foreman.


SHOW-UP PAY:

Section 3.11(a). When workers report to the shop or job and are not put to work due to conditions beyond

the control of the workers, they shall receive two hours’ pay. Workers may be required to remain at the

jobsite for the hours paid.

(b). When an applicant for employment is referred to an Employer and is rejected for employment,

such applicant shall be reimbursed for expenses incurred in reporting to said Employer in an amount equal

to two hours’ pay at the prevailing rate as provided for in this Agreement.

(c). When workers report and are put to work, they shall receive pay for a minimum of four hours

and shall remain on the job unless directed otherwise by the Employer.

Section 3.11a / 3.19a SHOW UP TIME - Any Employee reporting for work and being laid off shall receive not less than one-half (½) day's wages. An Employee absent the day the Employee is laid off shall not be entitled to show up pay. This does not apply to trouble jobs that may amount to an hour or less.

Section 3.11b / 3.19b - When workmen are directed to report to the job and are ordered not to start work due to weather conditions, lack of material or causes beyond their control, they shall receive not less than two (2) hour's pay.

SHIFT WORK:

Section 3.12. When so elected by the contractor, multiple shifts of at least five (5) days' duration may

be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall be worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen

on the "day shift" shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours'

work.

The second shift (swing shift) shall be worked between the hours of 4:30 P.M. and 12:30 A.M.

Workmen on the "swing shift" shall receive eight (8) hours' pay at the regular hourly rate plus 10%

for seven and one-half (7 1/2) hours' work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 A.M. and 8:00 A.M.

Workmen on the "graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate plus

15% for seven (7) hours' work.


A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after

the completion of a regular shift shall be paid at one and one-half times the "shift" hourly rate.

There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum

compensation for any hour worked. There shall be no requirement for a day shift when either the

second or third shift is worked.

SHIFT CLAUSE: (Alternate Language #1)

Note: This Alternate Language may be agreed upon by both parties, placed in the agreement verbatim, and

is to be used in lieu of, not in conjunction with, the Standard IBEW/NECA Shift Work Language.

Section 3.12. When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5)

days' duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of

8:00 A.M. and 4:30 P.M. Workmen on the "day shift" shall be paid at the regular hourly rate of pay

for all hours worked.

The second shift (swing shift) shall consist of eight consecutive hours worked between the hours of

4:30 P.M. and 1:00 A.M. Workmen on the "swing shift" shall be paid at the regular hourly rate of

pay plus 17.3% for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the

hours of 12:30 A.M. and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular

hourly rate of pay plus 31.4% for all hours worked.

The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in

order to meet the needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift

(graveyard shift) at 12:30 A.M. Monday to coordinate the work with the customer's work schedule.


However, any such adjustment shall last for at least five (5) consecutive days’ duration unless

mutually changed by the parties to this agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime

workrequired before the established start time and after the completion of eight (8) hours of any shift

shall be paid at one and one-half times the "shift" hourly rate.




SHIFT CLAUSE: (Alternate Language # 2)

Note: This alternate language is to be used where a reduced premium is necessary within the

“Standard” format.

Section 3.12. When so elected by the contractor, multiple shifts of at least five (5) days' duration may

be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall be worked between the hours of 8:00 A.M. and 4:30 P.M. Workmen

on the "day shift" shall receive eight (8) hours' pay at the regular hourly rate for eight (8) hours'

work.

The second shift (swing shift) shall be worked between the hours of 4:30 P.M. and 12:30 A.M.

Workmen on the "swing shift" shall receive eight (8) hours' pay at the regular hourly rate plus _____

(an amount to be determined locally, not to exceed 10%) for seven and one-half (7 1/2) hours' work.

The third shift (graveyard shift) shall be worked between the hours of 12:30 A.M. and 8:00 A.M. Workmen on the "graveyard shift" shall receive eight (8) hours' pay at the regular hourly rate plus


_____ (an amount to be determined locally, not to exceed 15%) for seven (7) hours' work.

A lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work required after

the completion of a regular shift shall be paid at one and one-half times the "shift" hourly rate.




SHIFT CLAUSE: (Alternate Language #3)

Note: This alternate language is to be used where a reduced premium is needed within the

“Alternate” format.

Section 3.12. When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5)

days' duration may be worked. When two (2) or three (3) shifts are worked:

The first shift (day shift) shall consist of eight (8) consecutive hours worked between the hours of

8:00 A.M. and 4:30 P.M. Workmen on the "day shift" shall be paid at the regular hourly rate of pay


The second shift (swing shift) shall consist of eight consecutive hours worked between the hours of

4:30 P.M. and 1:00 A.M. Workmen on the "swing shift" shall be paid at the regular hourly rate of

pay plus _____ (an amount to be determined locally, not to exceed 17.3%) for all hours worked.

The third shift (graveyard shift) shall consist of eight (8) consecutive hours worked between the

hours of 12:30 A.M. and 9:00 A.M. Workmen on the "graveyard shift" shall be paid at the regular

hourly rate of pay plus _____ (an amount to be determined locally, not to exceed 31.4%)




The Employer shall be permitted to adjust the starting hours of the shift by up to two (2) hours in

order to meet the needs of the customer.

If the parties to the Agreement mutually agree, the shift week may commence with the third shift

(graveyard shift) at 12:30 A.M. Monday to coordinate the work with the customer's work schedule.

However, any such adjustment shall last for at least five (5) consecutive days’ duration unless

mutually changed by the parties to this agreement.

An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. All overtime work

required before the established start time and after the completion of eight (8) hours of any shift shall

be paid at one and one-half times the "shift" hourly rate.




Section 3.12a / 3.03 SHIFT WORK - When so elected by the contractor, multiple shifts of eight (8) hours for at least five (5) days duration may be worked. When two (2) or three (3) shifts are worked: Section 3.12b / 3.03a - The First Shift (day shift) shall be within the standard hours as delineated in Section 3.02.

Section 3.12c / 3.03b - The Second Shift (swing shift) shall consist of eight (8) consecutive hours worked following the first shift and shall be paid at the regular hourly rate of pay plus 17.3% for all hours worked. Section 3.12d / 3.03c - The Third Shift (graveyard shift) shall consist of eight (8) consecutive hours worked following the second shift. Workers on the “graveyard shift” shall be paid at the regular hourly rate of pay plus 31.4% for all hours worked.


Section 3.12e / 3.03d - The Employer shall be permitted to adjust the starting hours of the second or third shift by up to two (2) hours in order to meet the needs of the customer.

Section 3.12f / 3.03e - If the parties to the Agreement mutually agree, the shift week may commence with the third shift (graveyard shift) at 12:30 a.m. Monday to coordinate the work with the customer’s work schedule. However, any such adjustment shall last for at least a five (5) consecutive day duration unless mutually changed by the parties to this Agreement. Section 3.12g / 3.03f - An unpaid lunch period of thirty (30) minutes shall be allowed on each shift. The first two hours of overtime work required before the established start time or after the completion of the eight (8) hours of any shift shall be paid at one and one half times the “shift” hourly rate. Section 3.12h / 3.03g - There shall be no pyramiding of overtime rates and double the straight rate shall be the maximum compensation for any hour worked. There shall be no requirement for a day shift when either the second or third shift is worked. Section 3.12i / 3.04a SHIFT WORK ON OCCUPIED PREMISES - An Employer may establish a swing shift without a day shift, a graveyard shift without a day shift or swing shift and without a stipulated ratio for electricians on shifts on work on one or more premises where the shift is continuous for one or more days. This clause applies to occupied premises only and the regular shift work premium is also applicable. Section 3.12j / 3.04b - Any Employee working on swing or graveyard must be employed for a full shift or be paid at the applicable overtime rate. There must be at least eight (8) hours of off duty time for any worker who moves to a different shift time. Where this is not adhered to double the straight time rate shall be paid for all time worked.

Section 3.12k / 3.04c - Prior notice must be given to the Business Manager for establishment of swing or graveyard shift.

Section 3.13. All pipe shall be cut and threaded on the job. Where pipe cutting and threading machines are

operated full time, such shall be operated by a Journeyman.

Section 3.14. The Employer agrees to provide a suitable place on the job for the storage of workers’ tools

and clothes. Heat will be provided when needed. In case of fire on the job, the Employer shall settle all fire

loss for the benefit of himself and his employees. Employees required to work outside in rainy weather

(only in case of emergency) will be furnished rain gear by the Employer. The Employer's job headquarters

on every project must have a completely equipped Class A First Aid Kit at all times.


Section 3.15. The installation, maintenance, connecting, and repairing of all wiring for temporary lighting,

heat, or power shall be done by workmen employed under the terms of this Agreement.

Section 3.16. Prefabrication of electrical materials, except standard catalogue items, shall be performed by

workmen employed under the terms of this Agreement. Standard catalogue items do not include items

made to the special specifications of the Employer or the customer.

Section 3.17. The Employer shall notify the Union 48 hours in advance of any layoff, whenever possible.

Saturdays, Sundays, and holidays are not included.

COPE DEDUCTION:

Section 3.18. The Employer agrees to deduct and transmit to IBEW/COPE an amount of $____________

from the wages of each employee who voluntarily authorizes such contributions on the forms provided for

that purpose by IBEW-COPE.

These transmittals shall occur monthly and shall be accompanied by a list of names of those employees for

whom such deductions have been made and the amount deducted for each such employee.

Section 3.19. On days on which national or state elections are held, all workers covered by this

Agreement who are eligible to vote shall be granted two hours time off to vote with pay between the

hours of 2:30 p.m. and 4:30 p.m. This will not be applicable when reporting time is paid. In case of

emergency, the Employer will be given the option to change the aforesaid hours in order to man the

work.

ARTICLE IV

REFERRAL PROCEDURE

Section 4.01. In the interest of maintaining an efficient system of production in the Industry,

providing for an orderly procedure of referral of applicants for employment, preserving the

legitimate interests of employees in their employment status within the area and of eliminating

discrimination in employment because of membership or non-membership in the Union, the parties


hereto agree to the following system of referral of applicants for employment.

Section 4.01 / 5.01 - In the interest of maintaining an efficient system of production in the industry, providing for an orderly procedure of referral of applicants for employment, preserving the legitimate interests of the Employees in their employment status within the area and of eliminating discrimination in employment because of membership or non-membership in the Union, the parties hereto agree to the following system of referral of applicants for employment.

Section 4.02. The Union shall be the sole and exclusive source of referral of applicants for

employment.

Section 4.02 / 5.02 - The Union shall be the sole and exclusive source of referral of applicants for employment.

Section 4.03. The Employer shall have the right to reject any applicant for employment.

Section 4.03 / 5.03 - The Employer shall have the right to reject any applicant for employment. Section 4.04. The Union shall select and refer applicants for employment without discrimination

against such applicants by reason of membership or non-membership in the Union and such selection

and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions

or any other aspect or obligation of Union membership policies or requirements. All such selection

and referral shall be in accord with the following procedure.

Section 4.04 / 5.04 - The Union shall select and refer applicants for employment without discrimination against such applicant by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any way by rules, regulations, bylaws, constitutional provisions or any other aspect or obligations of union membership policies or requirements. All such selection and referral shall be in accordance with the following procedure. Section 4.05. The Union shall maintain a register of applicants for employment established on the

basis of the Groups listed below. Each applicant for employment shall be registered in the highest

priority Group for which he qualifies.

Section 4.05 / 5.05 - The Union shall maintain a register of applicants for employment established on the basis of the Groups listed below. Each applicant for employment shall be registered in the highest priority Group for which they qualify.


JOURNEYMAN WIREMAN -- JOURNEYMAN TECHNICIAN

GROUP I All applicants for employment who have four or more years’ experience in the

trade, are residents of the geographical area constituting the normal

construction labor market, have passed a Journeyman Wireman's examination

given by a duly constituted Inside Construction Local Union ofthe I.B.E.W. or

have been certified as a Journeyman Wireman by any Inside Joint

Apprenticeship and Training Committee, and, who have been employed in the

trade for a period of at least one year in the last four years in the geographical

area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An

applicant who qualifies for Group I in a local union shall be so registered

electronically and remain on Group I in that local union unless and until

the applicant designates another local union as his or her Group I local

union. If an applicant qualifies for Group I status in a local union other

than his or her home local union and designates that local as his or her

Group I local union, the business manager of the new Group I status

local union shall by electronic means notify the business manager of the

applicant’s former Group I status local union.

Note: The reference to electronically registered and electronically notified shall be done via the ERTS

system already in place. Group I would start at the member’s home local. When a member request

Group I status in a new local the Business Manager of that new local would verify that the member

meets the requirements as stated in the Category I language (no change). Notice would be sent to the


new local ERTS administrator by the Business Manager, to enter the member as Group I in the new

local. ERTS would then send notice to the former local and the member would sign off saying that he

desired to move his Group I status and doing so voluntarily request removal from his former place on

Group I at the former Group I local. The Business Manager shall notify the employer of an employee

whose group status changes under this provision.

JOURNEYMAN WIREMAN / JOURNEYMAN TECHNICIAN

GROUP I All applicants for employment who have four or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, have passed a Journeyman Wireman's examination given by a duly constituted Inside Construction Local Union of the I.B.E.W. or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee, and who have been employed in the trade for a period of at least one year in the last four years in the geographical area covered by the Collective Bargaining Agreement.

GROUP I (Alternate Language)

Note: The following is the only approvable Alternate Language to Category I - Group I - Referral

Procedure language: Groups II, III, and IV are unchanged.

GROUP I. All applicants for employment who have four or more years’ experience in the


construction labor market, have passed a Journeyman Wireman's examination

given by a duly constituted Inside Construction Local Union of the I.B.E.W. or

have been certified as a Journeyman Wireman by any Inside Joint

Apprenticeship and Training Committee, and, who have been employed in the

trade for a period of at least six months in the last four years in the

geographical area covered by the collective bargaining agreement.

Group I status shall be limited to one Local Union at one time. An

applicant who qualifies for Group I in a local union shall be so registered


electronically and remain on Group I in that local union unless and until

the applicant designates another local union as his or her Group I local

union. If an applicant qualifies for Group I status in a local union other

than his or her home local union and designates that local as his or her

Group I local union, the business manager of the new Group I status

local union shall by electronic means notify the business manager of the

applicant’s former Group I status local union.

Note: The reference to electronically registered and electronically notified shall be done via the ERTS

system already in place. Group I would start at the member’s home local. When a member request

Group I status in a new local the Business Manager of that new local would verify that the member

meets the requirements as stated in the Category I language (no change). Notice would be sent to the

new local ERTS administrator by the Business Manager, to enter the member as Group I in the new

local. ERTS would then send notice to the former local and the member would sign off saying that he

desired to move his Group I status and doing so voluntarily request removal from his former place on

Group I at the former Group I local. The Business Manager shall notify the employer of an employee

whose group status changes under this provision.

___________________________________________________________________________________

GROUP II All applicants for employment who have four or more years' experience in the

trade and who have passed a Journeyman Wireman's examination given by a

duly constituted Inside Construction Local Union of the I.B.E.W. or have been

certified as a Journeyman Wireman by any Inside Joint Apprenticeship and

Training Committee.

GROUP II All applicants for employment who have four or more years’ experience in the trade and who have passed a Journeyman Wireman examination


given by a duly constituted Inside Construction Local Union of the IBEW or have been certified as a Journeyman Wireman by any Inside Joint Apprenticeship and Training Committee.

GROUP III All applicants for employment who have two or more years' experience in the


construction labor market, and who have been employed for at least six months

in the last three years in the geographical area covered by the collective

bargaining agreement.

GROUP III All applicants for employment who have two or more years’ experience in the trade, are residents of the geographical area constituting the normal construction labor market, and who have been employed for at least six months in the last three years in the geographical area covered by the Collective Bargaining Agreement.

____________________________________________________________________________________

GROUP IV All applicants for employment who have worked at the trade for more than one

year.

GROUP IV All applicants for employment who have worked at the trade for more than one year.

Section 4.06. If the registration list is exhausted and the Local Union is unable to refer applicants for

employment to the Employer within 48 hours from the time of receiving the Employer's request,

Saturdays, Sundays and holidays excepted, the Employer shall be free to secure applicants without

using the Referral Procedure but such applicants, if hired, shall have the status of "temporary

employees".

Section 4.06 / 5.06 - If the registration list is exhausted and the Local Union is unable to refer applicants for employment to the Employer within 48 hours from the time of receiving the Employer's request, Saturdays, Sundays and Holidays excepted, the Employer shall be free to secure applicants without using the Referral Procedure, but such applicants, if hired, shall have the status of “Temporary Employees".

Section 4.07. The Employer shall notify the Business Manager promptly of the names and Social


Security numbers of such "temporary employees" and shall replace such "temporary employees" as

soon as registered applicants for employment are available under the Referral Procedure.

Section 4.07 / 5.07 - The Employer shall notify the Business Manager promptly of the names and Social Security numbers of such "Temporary Employees" and shall replace such "Temporary Employees” as soon as registered applicants for employment are available under the Referral Procedure.

Section 4.08. "Normal construction labor market" is defined to mean the following geographical

area plus the commuting distance adjacent thereto which includes the area from which the normal

labor supply is secured:_______________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

__________________________________________________________________________

The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage area under the Davis-Bacon Act to which the Agreement applies. Section 4.08 / 5.08 - "Normal construction labor market” is defined to mean the following geographical area plus the commuting distance adjacent thereto, which includes the area from which the normal labor supply is secured: KITSAP, JEFFERSON, CLALLAM, AND KING COUNTIES OF THE STATE OF WASHINGTON. The above geographical area is agreed upon by the parties to include the area defined by the Secretary of Labor to be the appropriate prevailing wage areas under the Davis-Bacon Act to which the Agreement applies.

Section 4.09. "Resident" means a person who has maintained his permanent home in the above

defined geographical area for a period of not less than one year or who, having had a permanent

home in this area, has temporarily left with the intention of returning to this area as his permanent

home.

Section 4.09 / 5.09 - "Resident" means a person who has maintained their permanent home in the above defined geographical area for a period of not less than one year or who, having had a permanent home in this area, has temporarily left with the intention of returning to this area as their permanent home.

Section 4.10. An “Examination” shall include experience rating tests if such examination shall have


been given prior to the date of this procedure, but from and after the date of this procedure,

shall include only written and/or practical examinations given by a duly constituted Inside

Construction Local Union of the I.B.E.W. Reasonable intervals of time for examinations are

specified as ninety (90) days. An applicant shall be eligible for examination if he has four years'

experience in the trade.

Section 4.10 / 5.10 - An “examination" shall include experience rating tests if such examination shall have been given prior to the effective date of this procedure, but from and after the date of this procedure, shall include only written and/or practical examinations given by a duly constituted Inside Construction Local Union of the IBEW. Reasonable intervals of time for examinations are specified as ninety (90) days. An applicant shall be eligible for examination if the individual has four years’ experience in the trade.

Section 4.11. The Union shall maintain an "Out of Work List" (Alternative: Available for Work List)

which shall list the applicants within each Group in chronological order of the dates they register

their availability for employment.

Section 4.11 / 5.11 - The Union shall maintain an "Out of Work List" which shall list the applicants within each Group in chronological order of the dates they register their availability for employment.

RE-REGISTRATION:

Note: This Category II Language is to be utilized when a Local Union wants a provision for applicants to

re-register every 30 days.

Section 4.12. An applicant who has registered on the "Out of Work List" (Alternative: Available for

Work List) must renew his application every 30 days or his name will be removed from the List.

Section 4.12 / 5.12 - An applicant who has registered on the “Out of Work List" must renew their application every thirty (30) days or their name will be removed from the "List".

Section 4.13. An applicant who is hired and who receives, through no fault of his own, work of

forty hours or less shall, upon re-registration, be restored to his appropriate place within his

Group.

Section 4.13 / 5.13 - An applicant who is hired and who receives, through no fault of his own, work of ten business days or less, excluding holidays, shall upon re-registration, be


restored to his appropriate place within his Group.

Section 4.14(a). Employers shall advise the Business Manager of the Local Union of the number of

applicants needed. The Business Manager shall refer applicants to the Employer by first referring

applicants in Group I in the order of their place on the "Out of Work List" (Alternative: Available for

Work List) and then referring applicants in the same manner successively from the "Out of Work

List" (Alternative: Available for Work List) in Group II, then Group III, and then Group IV. Any

applicant who is rejected by the Employer shall be returned to his appropriate place within his

Group and shall be referred to other employment in accordance with the position of his Group and

his place within his Group.

Section 4.14a / 5.14a - Employers shall advise the Business Manager of the Local Union of the number of applicants needed. The Business Manager shall refer applicants to the Employer by first referring applicants in GROUP I, in the order of their place on the "Out of Work List" and then referring applicants in the same manner successively from the "Out of Work List" in GROUP II, then GROUP III, and then GROUP IV. Any applicant rejected by the Employer shall be returned to his or her appropriate place within this GROUP and shall be referred to other employment in accordance with the position of this GROUP and his or her place within this GROUP.

REPEATED DISCHARGE:

Section 4.14(b). An applicant who is discharged for cause two times within a 12-month period

shall be referred to the neutral member of the Appeals Committee for a determination as to the

applicant's continued eligibility for referral. The neutral member of the Appeals Committee shall,

within three* business days, review the qualifications of the applicant and the reasons for the

discharges. The neutral member of the Appeals Committee may, in his or her sole discretion: (1)

require the applicant to obtain further training from the JATC before again being eligible for

referral; (2) disqualify the applicant for referral for a period of four weeks, or longer, depending on

the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an

employee assistance program, if available, for evaluation and recommended action; or (4) restore the

applicant to his/her appropriate place on the referral list. *The parties may extend this time period up

to a maximum of two weeks if necessary. (Note: Italicized is optional and must be negotiated locally.)

Section 4.14b / 5.14b - An applicant who is discharged for cause two times within a 12-month period shall be referred to the neutral member of the Appeals Committee for a determination as to the applicant's continued eligibility for referral. The neutral member of


the Appeals Committee shall, within three business days, review the qualifications of the applicant and the reasons for the discharges. The neutral member of the Appeals Committee may, in his or her sole discretion: (1) require the applicant to obtain further training from the JATC before again being eligible for referral; (2) disqualify the applicant for referral for a period of four weeks, or longer, depending on the seriousness of the conduct and/or repetitive nature of the conduct; (3) refer the applicant to an employee assistance program, if available, for evaluation and recommended action; or (4) restore the applicant to his/her appropriate place on the referral list. Section 4.14c / 5.14c - The Appeals Committee shall meet with the discharged employee prior to referral to the neutral member for a determination. The Parties may review the decision of the neutral party and collectively overrule the decision of the neutral party.

Section 4.15. The only exceptions which shall be allowed in this order of referral are as follows:

(a). When the Employer states bona fide requirements for special skills and abilities in his

request for applicants, the Business Manager shall refer the first applicant on the register possessing

such skills and abilities.

(b). The age ratio clause in the Agreement calls for the employment of an additional employee

or employees on the basis of age. Therefore, the Business Manager shall refer the first applicant on

the register satisfying the applicable age requirements provided, however, that all names in higher

priority Groups, if any, shall first be exhausted before such overage reference can be made.

Section 4.15 / 5.15 - The only exceptions which shall be allowed in this order of referral are as follows: Section 4.15a / 5.15a - When the Employer states bona fide requirement for special skills and abilities in a request for applicants the Business Manager shall refer the first applicant on the register possessing such skills and abilities. Section 4.15b / 5.15b - The age ratio clause in the Agreement calls for the employment of an additional Employee or Employees on the basis of age. Therefore, the Business Manager shall refer the first applicant on the register satisfying the applicable age requirements provided however, that all names in higher priority Groups, if any, shall first be exhausted before such coverage reference can be made.

Section 4.16. An Appeals Committee is hereby established composed of one member appointed by

the Union, one member appointed by the Employer or the Association, as the case may be, and a

Public Member appointed by both these members.

Section 4.16 / 5.16 - An Appeals Committee is hereby established composed of one (1)


member appointed by the Union, one (1) member appointed by the Employer or by the Association, as the case may be, and a Public Member appointed by both these members. Section 4.17. It shall be the function of the Appeals Committee to consider any complaint of any

employee or applicant for employment arising out of the administration by the Local Union of

Sections 4.04 through 4.15 of the Agreement. The Appeals Committee shall have the power to make

a final and binding decision on any such complaint which shall be complied with by the Local Union.

The Appeals Committee is authorized to issue procedural rules for the conduct of its

business but it is not authorized to add to, subtract from, or modify any of the provisions of this

Agreement and its decisions shall be in accord with this Agreement.

Section 4.17 / 5.17 - It shall be the function of the Appeals Committee to consider any complaint of any Employee or applicant for employment arising out of the administration by the Local Union of Sections 5.04 through 5.15 of this Agreement. The Appeals Committee shall have the power to make a final and binding decision on any such complaint which shall be complied with by the Local Union. The Appeals Committee is authorized to issue procedural rules for the conduct of this business, but it is not authorized to add to, subtract from, or modify any of the provisions of this Agreement and its decisions shall be in accord with this Agreement.

Section 4.18. A representative of the Employer or of the Association, as the case may be, designated

to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time

during normal business hours.

Section 4.18 / 5.18 - A representative of the Employer, or of the Association, as the case may be, designated to the Union in writing, shall be permitted to inspect the Referral Procedure records at any time during normal business hours. Section 4.19. A copy of the Referral Procedure set forth in this Agreement shall be posted on the

Bulletin Board in the offices of the Local Union and in the offices of the Employers who are parties to

this Agreement.

Section 4.19 5.19 - A copy of the Referral Procedure set forth in this Agreement shall be posted on the bulletin board in the offices of the Local Union and in the offices of the Employers who are parties to this Agreement.

Section 4.20. Apprentices shall be hired and transferred in accordance with the Apprenticeship

provisions of the Agreement between the parties.


Section 4.20 / 5.20 - Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the parties.

REVERSE LAYOFF:

Note: This Category II language provides that employees be laid off from the highest Referral Group first,

then the next group follows. Group I applicants would be laid off last.

Section 4.21. When making reductions in the number of employees due to lack of work, Employers

shall use the following procedure: (a). Temporary employees, if any are employed, shall be laid

off first. Then employees in Group IV shall be laid off next, if

any are employed in this Group. Next to be laid off are employees

in Group III, if any are employed in this group, then those in Group

II, and then those in Group I.

(b). Paragraph (a) will not apply as long as the special skills requirement as provided for in

Section 4.15(a) is required.

(c). Supervisory employees covered by the terms of this Agreement will be excluded from

layoff as long as they remain in a supervisory capacity. When they are reduced to the status of

Journeyman, they will be slotted in the appropriate group in paragraph (a) above.

Section 4.21 / 5.21 - When making reductions in the number of Employees due to lack of work, Employers shall use the following procedure: Section 4.21a / 5.21a - Temporary Employees, if any are employed, shall be laid off first. Then Employees in GROUP IV shall be laid off next, if any are employed in this GROUP. Next to be laid off are Employees in GROUP III, if any are employed in this GROUP, then those in GROUP II, and then those in GROUP I.

Section 4.21b / 5.21b - Paragraph (a) will not apply as long as the special skills requirement as provided for in Section 5.15(a) is required and when special provisions are made under organizing.

Section 4.21c / 5.21c - Supervisory Employees covered by the terms of this Agreement will be excluded from lay off as long as they remain in a supervisory capacity. When they are reduced to the status of Journeyman, they will be slotted in the appropriate GROUP in paragraph (a) above.


Worker Recall: (Optional Language)

“This is Optional Language that is approvable by the IBEW and recommended by NECA for use when the local parties agree to adopt a “Journeyman Recall” provision in their local agreement. Where adopted locally, this language will eliminate furloughs. To be approved, any language must include the following provisions:

1) Recall applies only to individuals who have actually worked for the employer, 1)2) The affected employee must be on the referral book or, if a classification other than journeyman, such as CW/CE, available for assignment, 1)3) The recall provision will apply to the immediate past employer and/or any previous employer that the individual is eligible for unemployment benefits chargeable to that employer, and 1)4) The recall period cannot exceed the period of time for which an individual is eligible for unemployment benefits chargeable to that employer. NOTE: This time period may vary by state. 1)5) The recall provision cannot include apprentices.

Section 4.22. An employer shall have the right to recall for employment any former

employee that the employer has laid off, provided that:

The former employee is in the highest level Group on the referral list containing

applicants available for work, regardless of the individual’s position on the list; or, if

the former employee is a CW/CE, he or she is available for assignment regardless of

the individual’s position on the list;

(NOTE: The local parties may designate a classification other than CW/CE if appropriate under the particular agreement.)

The recall is made within 30 days from the time of layoff; (NOTE: The local parties may negotiate a shorter or longer period of recall, provided the recall period does not exceed the standard eligibility period for receiving unemployment benefits in their state .)

The former employee has not quit his most recent employer under this agreement

within the two weeks prior to the recall request;


(NOTE: The parties may adopt a different time frame.) And the former employee is not an apprentice.” Section 4.22 / 5.21d CALL BACK - The Employer has the right to call Employees back within forty-five (45) days of date of termination with that specific Employer, provided the called back Employee is on the out of work list and provided all other eligible applicants in higher seniority referral groups have first had an opportunity to be referred. This Section shall not apply to short calls.

Section 4.23a / 3.10b LAYOFF OF WORKERS - In accordance with Article V, Section 5.21, the layoff of workers shall apply on a job basis only. Employers shall have the right to transfer Employees from job to job. Preference shall be given to Group 1. Such transfers must be acceptable to the Employee. Employees declining transfer shall be granted a RIF. Upon notification by the Employer, the Union will refer out another applicant. Section 4.23b / 3.10c NOTIFICATION OF LAYOFF AND TERMINATION - Workers shall be notified one-half (½ ) hour before quitting time when they are being terminated and/or being laid off.

Section 4.23c / 3.10d EMPLOYEE TERMINATION NOTICES - Contractors are required to complete an Employee Termination Notice on each Employee who permanently leaves their employ. Forms will be furnished by the Union. These forms are to be filled out in quadruplicate and copies distributed as follows: Original, Employee's copy; 1st copy, Local Union No. 46 office; 2nd copy, Local NECA office; 3rd copy, Employer's file. The exact reason for discharge must be noted on the form. Terminated Employees will not be referred to another job unless a Termination Notice is completed and distributed in accordance with this clause.

ARTICLE V

STANDARD INSIDE APPRENTICESHIP & TRAINING LANGUAGE

Section 5.01. There shall be a local Joint Apprenticeship and Training Committee (JATC) consisting

of a total of either 6 or 8 members who shall also serve as Trustees to the local apprenticeship and

training trust. An equal number of members (either 3 or 4) shall be appointed, in writing, by the

local chapter of the National Electrical Contractors Association (NECA) and the local union of the

International Brotherhood of Electrical Workers (IBEW).

Section5.01 / 7.01 - There shall be a local Joint Apprenticeship and Training Committee (JATC) consisting of a total of either 6 or 8 members who shall also serve as Trustees to the local apprenticeship and training trust. An equal number of members (either 3 or 4) shall be appointed,


in writing, by the local chapter of the National Electrical Contractors Association (NECA) and the local union of the International Brotherhood of Electrical Workers (IBEW).

The local apprenticeship standards shall be in conformance with national guideline standards and

industry policies to ensure that each apprentice has satisfactorily completed the NJATC required

hours and course of study. All apprenticeship standards shall be registered with the NJATC before

being submitted to the appropriate registration agency.

The local apprenticeship standards shall be in conformance with national guideline standards and industry policies to ensure that each apprentice has satisfactorily completed the NJATC required hours and course of study. All apprenticeship standards shall be registered with the NJATC before being submitted to the appropriate registration agency.

The JATC shall be responsible for the training of apprentices, journeymen, installers, technicians,

and all others (unindentured, intermediate journeymen, etc.)

Section 5.02. All JATC member appointments, re-appointments and acceptance of appointments

shall be in writing. Each member shall be appointed for a (3 or 4 ) year term, unless being

appointed for a lesser period of time to complete an unexpired term. The terms shall be staggered,

with one (1) term from each side expiring each year. JATC members shall complete their appointed

term unless removed for cause by the party they represent or they voluntarily resign. All vacancies

shall be filled immediately.

The JATC shall select from its membership, but not both from the same party, a Chairman and a

Secretary who shall retain voting privileges. The JATC will maintain one (1) set of minutes for

JATC committee meetings and a separate set of minutes for Trust meetings.

The JATC should meet on a monthly basis, and also upon the call of the Chairman.

Section 5.02 / 7.02 - All JATC member appointments, re-appointments and acceptance of appointments shall be in writing. Each member shall be appointed for a three-year term, unless being appointed for a lesser period of time to complete an unexpired term. The terms shall be staggered, with one (1) term from each side expiring each year. JATC members shall complete their appointed term unless removed for cause by the party they represent or they voluntarily resign. All vacancies shall be filled immediately.


The JATC shall select from its membership, but not both from the same party, a Chairman and a Secretary who shall retain voting privileges. The JATC will maintain one (1) set of minutes for JATC committee meetings and a separate set of minutes for trust meetings. The JATC should meet on a monthly basis, and also upon the call of the Chairman.

Section 5.03. Any issue concerning an apprentice or an apprenticeship matter shall be referred to the

JATC for its review, evaluation, and resolve; as per standards and policies. If the JATC deadlocks

on any issue, the matter shall be referred to the Labor-Management Committee for resolution as

outlined in Article I of this agreement; except for trust fund matters, which shall be resolved as

stipulated in the local trust instrument.

Section 5.03 / 7.03 - Any issue concerning an apprentice or an apprenticeship matter shall be referred to the JATC for its review, evaluation and resolve; as per standards and policies. If the JATC deadlocks on any issue, the matter shall be referred to the Parties to this Agreement for resolution as outlined in Article I of this Agreement; except for trust fund matters, which shall be resolved as stipulated in the local trust instrument.

Section 5.04. There shall be only one (1) JATC and one (1) local apprenticeship and training trust.

The JATC may, however, establish joint subcommittees to meet specific needs, such as residential or

telecommunication apprenticeship. The JATC may also establish a subcommittee to oversee an

apprenticeship program within a specified area of the jurisdiction covered by this agreement.

All subcommittee members shall be appointed, in writing, by the party they represent. A

subcommittee member may or may not be a member of the JATC.

Section 5.04 / 7.04 - There shall be only one (1) JATC and one (1) local apprenticeship and training trust. The JATC may, however, establish joint subcommittees to meet specific needs, such as residential or telecommunications apprenticeship. The JATC may also establish a subcommittee to oversee an apprenticeship program within a specified area of the jurisdiction covered by this Agreement. All subcommittee members shall be appointed, in writing, by the party they represent. A subcommittee member may or may not be a member of the JATC.

Section 5.05. The JATC may select and employ a part-time or a full-time Training Director and

other support staff, as it deems necessary. In considering the qualification, duties, and

responsibilities of the Training Director, the JATC should review the Training Director's Job


Description provided by the NJATC. All employees of the JATC shall serve at the pleasure and

discretion of the JATC.

Section 5.05 / 7.05 - The JATC may select and employ a part-time or a full-time Training Director and other support staff, as it deems necessary. In considering the qualifications, duties and responsibilities of the training director, the JATC should review the Training Director’s Job Description provided by the NJATC. All Employees of the JATC shall serve at the pleasure and discretion of the JATC.

Section 5.06. To help ensure diversity of training, provide reasonable continuous employment

opportunities, and comply with apprenticeship rules and regulations, the JATC, as the program

sponsor, shall have full authority for issuing all job training assignments and for transferring

apprentices from one employer to another. The employer shall cooperate in providing apprentices

with needed work experiences. The local union referral office shall be notified, in writing, of all job

training assignments. If the employer is unable to provide reasonable continuous employment for

apprentices, the JATC is to be so notified.

Section 5.06 / 7.06 - To help ensure diversity of training, provide reasonable continuous employment opportunities, and comply with apprenticeship rules and regulations, the JATC, as the program sponsor, shall have full authority for issuing all job training assignments and for transferring apprentices from one employer to another. The employer shall cooperate in providing apprentices with needed work experiences. The local union referral office shall be notified, in writing, of all job training assignments. If the Employer is unable to provide reasonable continuous employment for apprentices, the JATC is to be so notified.

Section 5.07. All apprentices shall enter the program through the JATC as provided for in the

registered apprenticeship standards and selection procedures.

An apprentice may have their indenture canceled by the JATC at any time prior to completion as

stipulated in the registered standards. Time worked and accumulated in apprenticeship shall not be

considered for local union referral purposes until the apprentice has satisfied all conditions of

apprenticeship. Individuals terminated from apprenticeship shall not be assigned to any job in any

classification, or participate in any related training, unless they are reinstated in apprenticeship as

per the standards, or they qualify through means other than apprenticeship, at some time in the

future, but no sooner than two years after their class has completed apprenticeship, and they have


gained related knowledge and job skills to warrant such classification.

Section 5.07 / 7.07 - All apprentices shall enter the program through the JATC as provided for in the registered apprenticeship standards and selection procedures. An apprentice may have their indenture canceled by the JATC at any time prior to completion as stipulated in the registered standards. Time worked and accumulated in apprenticeship shall not be considered for local union referral purposes until the apprentice has satisfied all conditions of apprenticeship. Individuals terminated from apprenticeship shall not be assigned to any job in any classification, or participate in any related training, unless they are reinstated in apprenticeship as per the standards, or they qualify through means other than apprenticeship, at sometime in the future, but no sooner than two years after their class has completed apprenticeship, and they have gained related knowledge and job skills to warrant such classification.

Section 5.08. The JATC shall select and indenture a sufficient number of apprentices to meet local

manpower needs. The JATC is authorized to indenture the number of apprentices necessary to meet

the job site ratio as per Section 5.12.

Section 5.08 / 7.08 - The JATC shall select and indenture a sufficient number of apprentices to meet local manpower needs. The JATC is authorized to indenture a total number of apprentices not to exceed a ratio of one (1) apprentice to three (3) Journeyman Wiremen normally employed in the jurisdiction, unless they are authorized and instructed to increase the number by the parties to the local IBEW/NECA collective bargaining agreement. The JATC shall indenture a larger number of apprentices provided the individuals are entering the program as the result of direct entry through organizing; as provided for in the registered apprenticeship standards.

Section 5.09. Though the JATC cannot guarantee any number of apprentices; if a qualified

employer requests an apprentice, the JATC shall make every effort to honor the request. If unable

to fill the request within ten (10) working days, the JATC shall select and indenture the next

available person from the active list of qualified applicants. An active list of qualified applicants

shall be maintained by the JATC as per the selection procedures.

Section 5.09 / 7.09 - Though the JATC cannot guarantee any number of apprentices; if a qualified employer requests an apprentice, the JATC shall make every effort to honor the request. If unable to fill the request, the JATC shall select and indenture the next available person from the active list of qualified applicants. An active list of qualified applicants shall be maintained by the JATC as per the selection procedures. Section 5.10. To accommodate short-term needs when apprentices are unavailable, the JATC shall

assign unindentured workers who meet the basic qualification for apprenticeship. Unindentured

workers shall not remain employed if apprentices become available for OJT assignment.


Unindentured workers shall be used to meet job site ratios except on wage and hour (prevailing

wage) job sites.

Section 5.10 / 7.10 - To accommodate short-term needs when apprentices are unavailable, the JATC shall assign unindentured workers who meet the basic qualifications for apprenticeship. Unindentured workers shall not remain employed if apprentices become available for OJT assignment. Unindentured workers shall be used to meet job site ratios except on wage-and-hour (prevailing wage) job sites.

Before being employed, the unindentured person must sign a letter of understanding with the JATC

and the employer - agreeing that they are not to accumulate more than two thousand (2,000) hours as

an unindentured, that they are subject to replacement by indentured apprentices and that they are

not to work on wage and hour (prevailing wage) job sites.

Before being employed, the unindentured person must sign a letter of understanding with the JATC and the Employer agreeing that they are not to accumulate more than two thousand (2,000) hours as an unindentured, that they are subject to replacement by indentured apprentices, and that they are not to work on wage-and-hour (prevailing wage) job sites.

Should an unindentured worker be selected for apprenticeship, the JATC will determine, as

provided for in the apprenticeship standards, if some credit for hours worked as an unindentured

will be applied toward the minimum OJT hours of apprenticeship.

Should an unindentured worker be selected for apprenticeship, the JATC will determine, as provided for in the apprenticeship standards, if some credit for hours worked as an unindentured will be applied toward the minimum OJT hours of apprenticeship.

The JATC may elect to offer voluntary related training to unindentured; such as Math Review,

English, Safety, Orientation/Awareness, Introduction to OSHA, First-Aid and CPR. Participation

shall be voluntary.

The JATC may elect to offer voluntary related training to unindentured; such as Math Review, English, Safety, Orientation/Awareness, Introduction to OSHA, First-Aid and CPR. Participation shall be voluntary.

Section 5.11. The employer shall contribute to the local health and welfare plans and to the National

Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. Contributions to


other benefit plans may be addressed in other sections of this agreement.

Section 5.11 / 7.11 - The Employer shall contribute to the local health and welfare plans and to the National Electrical Benefit Fund (NEBF) on behalf of all apprentices and unindentured. Contributions to other benefit plans may be addressed in other sections of this Agreement.

Section 5.12. Each job site shall be allowed a ratio of ____ apprentice(s) for every ____ Journeyman

Wiremen(man) . (Note: The local parties will determine the job site ratio; however, the ratio shall not be

less than two apprentices for every three journeymen or fraction thereof. Should the parties agree to a

ratio higher than the minimum 2 to 3, the following table must be modified to reflect the larger number of

allowable apprentices.)

Section 5.12a / 7.12a - There shall be a minimum of six periods of apprenticeship. The first two periods, consisting of one thousand (1,000) OJT hours each and satisfactory completion of the first year of related classroom training, shall constitute the probationary period. Successive periods will require the minimum hours of OJT and satisfactory progress in the classroom training. The six periods are as follows:

PERIOD OJT HOURS RELATED TRAINING 1 0-1000 Satisfactory progress 2 1000-2000 Satisfactory progress by the JATC 3 2000-3500 Satisfactory progress by the JATC 4 3500-5000 Satisfactory progress by the JATC 5 5000-6500 Satisfactory progress by the JATC 6 6500-8000 Satisfactory progress by the JATC

Section 5.12b / 7.12b - An individual Employer shall employ only apprentices secured from the Committee. The Committee will determine whether or not any individual Employer is entitled to an apprentice, as well as the total number of apprentices to be assigned to that Employer. The Committee shall allow each qualified Employer a ratio of one first year apprentice to one apprentice to three journeymen in any shop as shown below:

Number of Journeymen Maximum Number of Apprentices/

Unindentured

1 to 3 2

4 to 6 4


etc. etc.

Number of Journey Wiremen Maximum Number of

Apprentices / Unindentured 1 – 3 2 4 – 6 4 Etc. Etc.

1 If 1st year or unindentured are not available and upper level are, they can be used in lieu

of the 1st year or unindentured to complete the allowable apprentices and vice-versa.

The first person assigned to any job site shall be a Journeyman Wireman.

The first person on a job shall be a Journeyman Wireman.

A job site is considered to be the physical location where employees report for their work

assignments. The employer's shop (service center) is considered to be a separate, single job site. All

other physical locations where workers report for work are each considered to be a single, separate

job site.

A job site is considered to be the physical location where Employees report for their work assignments. The Employer’s shop (service center) is considered to be a separate, single job site. All other physical locations where workers report for work are each considered to be a single, separate job site. A first year apprentice, as used above, may be an indentured apprentice in his/her

probationary period or an unindentured Employee from the pool of qualified

applicants.

Unindentureds shall be replaced by first year indentured apprentices when they are available for assignment. First year apprentices may perform all tasks assigned by a General Foreman, Foreman, and/or


Journeyman; however, they shall not work on or near live voltage circuits or systems. If unable to furnish a first year indentured apprentice in accordance with the allowable ratio, the JATC shall assign the next available individual who was interviewed but not selected from the pool of applicants. If such a list does not exist, an individual applicant who has met all basic requirements for apprenticeship shall be assigned to the Employer. The rate of pay for all such Employees shall be at the first period apprentice rate. If the supply of apprentices (3rd through 6th period) is exhausted, the first or second period indentured apprentices may be used on a temporary basis to fulfill the apprentice ratio until successive period apprentices become available to replace them. The only benefit plans in which first year apprentices and unindentured shall participate are the local health and welfare plans and NEBF.

Section 5.13. An apprentice is to be under the supervision of a Journeyman Wireman at all times.

This does not imply that the apprentice must always be in sight of a Journeyman Wireman.

Journeymen are not required to constantly watch the apprentice. Supervision will not be of a nature

that prevents the development of responsibility and initiative. Work may be laid out by the

employer's designated supervisor or journeyman based on their evaluation of the apprentice's skills

and ability to perform the job tasks. Apprentices shall be permitted to perform job tasks in order to

develop job skills and trade competencies. Journeymen are permitted to leave the immediate work

area without being accompanied by the apprentice.

Section 5.13 / 7.13 - An apprentice is to be under the supervision of a Journeyman Wireman at all times. This does not imply that the apprentice must always be in sight of a Journeyman Wireman. Journeymen are not required to constantly watch the apprentice. Supervision will not be of a nature that prevents the development of responsibility and initiative. Work may be laid out by the Employer’s designated supervisor or Journeyman based on their evaluation of the apprentice’s skills and ability to perform the job tasks. Apprentices shall be permitted to perform job tasks in order to develop job skills and trade competencies. Journeymen are permitted to leave the immediate work area without being accompanied by the apprentice. The Journeyman Wireman shall have a minimum of one course each year of theory, any recognized NJATC Journeyman Wireman course, First Aid course, or hands-on training offered by Local Union No. 46, Puget Sound Chapter, NECA, the JATC, or consistent with Washington State Law. A certificate of completion is to be issued to the Journeyman Wireman upon successful completion of a course. Journeyman Wiremen who perform cable splicing and are not currently certified shall enroll with the JATC as soon as possible to obtain certification.


Apprentices who have satisfactorily completed the first four years of related classroom training using

the NJATC curriculum and accumulated a minimum of 6,500 hours of OJT with satisfactory

performance, shall be permitted to work alone on any job site and receive work assignments in the

same manner as a Journeyman Wireman.

Apprentices, who have satisfactorily completed the first four years of related classroom training

using the NJATC curriculum and accumulated a minimum of 7,000 hours of OJT with satisfactory

performance, shall be permitted to work alone on any job site and receive work assignments in

the same manner as a Journeyman Wireman.

An apprentice shall not be the first person assigned to a job site and apprentices shall not supervise

the work of others.

An apprentice shall not be the first person assigned to a job site and apprentices shall not supervise the work of others.

Section 5.14. Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating

apprentices an appropriate diploma from the NJATC. The JATC shall encourage each graduating

apprentice to apply for college credit through the NJATC. The JATC may also require each

apprentice to acquire any electrical license required for journeymen to work in the jurisdiction

covered by this Agreement.

Section 5.14 / 7.14 - Upon satisfactory completion of apprenticeship, the JATC shall issue all graduating apprentices an appropriate diploma from the NJATC. The JATC shall encourage each graduating apprentice to apply for college credit through the NJATC. The JATC may also require each apprentice to acquire any electrical license required for journeymen to work in the jurisdiction covered by this Agreement.

Section 5.15. The parties to this Agreement shall be bound by the Local Joint Apprenticeship

Training Trust Fund Agreement which shall conform to Section 302 of the Labor-Management

Relations Act of 1947 as amended, ERISA, and other applicable regulations.

Section 5.15 / 7.15 - The parties to this Agreement shall be bound by the Local Joint Apprenticeship and Training Trust Fund Agreement which shall conform to Section 3.02 of the Labor-Management Relations Act of 1947 as amended, ERISA and other applicable regulations.


The Trustees authorized under this Trust Agreement are hereby empowered to determine the

reasonable value of any facilities, materials, or services furnished by either party. All funds shall be

handled and disbursed in accordance with the Trust Agreement.

The Trustees authorized under this Trust Agreement are hereby empowered to determine the reasonable value of any facilities, materials or services furnished by either party. All funds shall be handled and disbursed in accordance with the Trust Agreement.

Section 5.16. All Employers subject to the terms of this Agreement shall contribute the amount of

funds specified by the parties signatory to the local apprenticeship and training trust agreement.

The current rate of contribution is:_______. (percent of the gross monthly payroll) – (or) – (cents per

hour for each hour worked or cents per hour for each hour paid.) This sum shall be due the Trust

Fund by the same date as is their payment to the NEBF under the terms of the Restated Employees

Benefit Agreement and Trust.

Section 7.16 All Employers subject to the terms of this Agreement shall contribute the amount of funds specified by the parties signatory to the local apprenticeship and training trust agreement. The current rate of contribution is fifty-eight cents ($0.58) per hour worked. This sum shall be due the Trust Fund by the same date as is their payment to the NEBF under the terms of the Restated Employees Benefit Agreement and Trust.

ARTICLE VI

FRINGE BENEFITS NEBF:

Section 6.01. It is agreed that in accord with the Employees Benefit Agreement of the National

Electrical Benefit Fund ("NEBF"), as entered into between the National Electrical Contractors

Association and the International Brotherhood of Electrical Workers on September 3, 1946, as

amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless

authorized otherwise by the NEBF the individual Employer will forward monthly to the NEBF's

designated local collection agent an amount equal to 3% of the gross monthly labor payroll paid to,

or accrued by, the employees in this bargaining unit, and a completed payroll report prescribed by

the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing

to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the


NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office of the

appropriate local collection agent not later than fifteen (15) calendar days following the end of each

calendar month.

Section 6.01 / 4.01 - National Electrical Benefit Fund. It is agreed that in accord with the Employees Benefit Agreement of the National Electrical Benefit Fund (NEBF), as entered into between the National Electrical Contractors Association and the International Brotherhood of Electrical Workers on September 3, 1946, as amended, and now delineated as the Restated Employees Benefit Agreement and Trust, that unless authorized otherwise by the NEBF the individual Employer will forward monthly to the NEBF’s designated local collection agent an amount equal to three percent (3%) of gross monthly labor payroll paid to, or accrued by the Employees in this bargaining unit and a complete payroll report prescribed by the NEBF. The payment shall be made by check or draft and shall constitute a debt due and owing to the NEBF on the last day of each calendar month, which may be recovered by suit initiated by the NEBF or its assignee. The payment and the payroll report shall be mailed to reach the office of the appropriate local collection agent not later than fifteen (15) calendar days following the end of each calendar month.

The individual Employer hereby accepts, and agrees to be bound by, the Restated Employees Benefit

Agreement and Trust.

The individual Employer hereby accepts, and agrees to be bound by, the Restated Employees Benefit Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having

his agreement terminated upon seventy-two (72) hours’ notice in writing being served by the Union,

provided the individual Employer fails to show satisfactory proof that the required payments have

been paid to the appropriate local collection agent.

An individual Employer who fails to remit as provided above shall be additionally subject to having this Agreement terminated upon seventy-two (72) hours notice in writing upon being served by the Union, provided the individual Employer fails to show satisfactory proof the required payment has been paid to the appropriate local collection agent.

The failure of an individual Employer to comply with the applicable provisions of the Restated

Employees Benefit Agreement and Trust shall also constitute a breach of this Agreement.

The failure of an individual Employer to comply with the applicable provision of the Restated Employees Benefit Agreement and Trust shall also constitute a breach of this


Agreement. Section 6.01a / 4.01a - Delinquencies in NEBF remittance shall be handled as provided for in Section 4.08 of this Agreement.

HEALTH AND WELFARE: (Alternative: EMPLOYEE − or −FAMILY MEDICAL CARE)

Section 6.02. The individual Employer shall contribute and forward monthly to the Local Union

Health and Welfare Trust Fund an amount equal to ( _______ % of his gross monthly labor

payroll) (or ) ( ______ cents for each hour ____ )* which he is obligated to pay to the employees in this

bargaining unit, and a completed payroll report prescribed by the Trustees. The payment and payroll report

shall be mailed to reach the Trustees or their designated agent not later than 15 calendar days following the

end of each calendar month. The individual Employer hereby accepts, and agrees to be bound by, the

Health and Welfare Agreement and Trust. Note: *Use either a percentage of gross monthly labor payroll

or cents per hour for each hour worked or cents per hour for each hour paid.

Section 6.02a / 4.03a Health and Welfare - Each Employer party to this Agreement agrees to contribute the following for each hour worked by each Employee performing work covered by this Agreement to the Puget Sound electrical Workers Health and Welfare Trust Fund, a jointly trusteed welfare trust created pursuant to Section 3.02(c) of the Labor-Management Relations Act of 1947 (Taft-Hartley).

EFFECTIVE: 07/02/07 $6.70 06/02/08 $6.70 06/01/09 $6.70

Section 6.02b / 4.03b - Payment shall be due on the fifteenth of the month following the month in which the hours were worked. Each remittance shall be accompanied by a form which will be made available for this purpose. Section 6.02c / 4.03c - Each Employer party to this Agreement agrees to be bound by the terms and provisions of the Trust Agreement governing the Puget Sound Electrical Workers Health and Welfare Trust Fund, effective January 1, 1976, and all amendments or revisions hereafter adopted, and further agrees to accept as its representatives the current Employer Trustees and their lawfully appointed successors. Section 6.02d / 4.03d - A jointly developed retiree health care plan for retirees between the ages of sixty-two (62) and sixty-five (65) will be established. Section 602e / 4.04 LOCAL UNION PENSION - Each Employer party to this Agreement agrees to contribute the following amounts for each hour worked by each Employee


performing work covered by this Agreement, except as provided for Apprentices, to the Puget Sound Electrical Workers Pension Trust Fund, a jointly trusteed pension trust created pursuant to Section 3.02(c) of the Labor-Management Relations Act of 1947 (Taft-Hartley).

EFFECTIVE: 07/02/07 $4.18 06/02/08 $4.18 06/01/09 $4.18

Section 602f / 4.05 ANNUITY - The Employer shall contribute the following amounts, per hour worked, for all Employees working under the several job classifications described by this Agreement to the defined contribution plan of the Puget Sound Electrical Workers Retirement Annuity Trust Fund. The contribution amounts are:

EFFECTIVE: 07/02/07 $1.75 06/02/08 $1.75 06/01/09 $1.75

Section 602g / 4.06a VARIABLE ANNUITY - In addition to the amounts set forth above, each Employer agrees to contribute such sums, as may be elected to be paid by Employees working under the several job classifications described by this Agreement, to the Variable Annuity Plan of the Puget Sound Electrical Workers Retirement Annuity Trust Fund. The amounts paid shall be in accordance with the amounts periodically established and authorized by the Trust Fund for all Employees who elect such coverage, provided however, that 1st and 2nd period Apprentices are not eligible to participate in the Trust Fund. Eligible Employees who work under the several job classifications described by this Agreement and who elect to make contributions:

1) are permitted to make such election only once each calendar year as established by the Trust Fund;

2) shall sign the appropriate authorization card provided by the Union and given to the Employer;

3) may elect up to the maximum amount of contribution established for the job classification in which the Employee is working at the time, or a lesser amount, and;

4) agree to comply with all other rules and regulations required by the Trust Fund for participation.

Section 602h / 4.06b Payment shall be due on the fifteenth (15th) of the month following the month in which the hours were worked. Each remittance shall be accompanied by a


form which will be made available for this purpose. Section 602i / 4.06c Each Employer party to this Agreement agrees to be bound by the terms and provisions of the Trust Agreement governing the Puget Sound Electrical Workers Pension Trust effective June 1, 1973, and all amendments or revisions hereafter adopted and further agrees as its representatives the current Employer Trustees and their lawfully appointed successors. Section 602j / 4.06d Each Employer party to this Agreement agrees to be bound by the terms and provisions of the Trust Agreement governing the Puget Sound Electrical Workers Retirement Annuity Trust and all amendments or revisions hereafter adopted and further agrees as its representatives the current Employer Trustees and their lawfully appointed successors.

VACATION:

Section 6.03. The individual Employer shall contribute and forward monthly to the Local Union

Vacation Trust Fund an amount equal to ( ______% of his gross monthly labor payroll) (or) (

______ cents for each hour _____ )* which he is obligated to pay to the employees in this bargaining unit,

and a completed payroll report prescribed by the Trustees. The payment and payroll report shall be mailed

to reach the Trustees or their designated agent not later than 15 calendar days following the end of each

calendar month. The individual Employer hereby accepts, and agrees to be bound by, the Vacation

Agreement and Trust. Note: *Use either a percentage of gross monthly labor payroll or cents per hour

for each hour worked or cents per hour for each hour paid.

Section 6.03a / 4.07a VACATION ALLOWANCE - All Employers subject to this Collective Bargaining Agreement shall withhold from the pay of each Employee, as a vacation allowance, an amount equal to six percent (6%) of gross pay nearest the one cent ($.01) for each compensable hour worked under the terms of and conditions of this Collective Bargaining Agreement. The Vacation Allowance Plan shall be administered by the Trustees of the Puget Sound Electrical Workers Health and Welfare Trust Fund. Section 6.03b / 4.07b - Each Employer party to this Agreement agrees to be bound by the terms and provisions of the Trust Agreement governing the Puget Sound Electrical Workers Health & Welfare Trust Fund, effective January 1, 1976, and all amendments or revisions hereafter adopted, and further agrees to accept as its representatives the current Employer Trustees and their lawfully appointed successors. Section 6.03c / 4.07c - Vacation allowance shall be paid to all Employees who are directed by the individual Employer to work on jobs outside of the jurisdiction of Local Union 46, IBEW.


Section 6.03d / 4.07d - Should an Employer direct an Employee to work in the jurisdiction of another Local Union having an established vacation allowance plan in its Collective Bargaining Agreement they shall not be required to contribute the vacation allowance, since the Employer will be required to contribute to a vacation allowance for that Employee in accordance with that particular Local Union's vacation allowance. If it is less than the Local Union No. 46 Agreement, the Employer shall pay the difference to Local Union 46, Vacation Plan, for said Employee's account. Section 6.03e / 4.07e - This vacation allowance shall be withheld from the Employee's weekly pay and shall be sent on a monthly transmittal to the designated depositor. Section 6.03f / 4.07f - It is understood that vacation shall be taken by the Employee at such time as mutually agreed upon between the Employer and the Employee. No Employee shall be denied the right to two (2) weeks vacation time off when the vacation allowance accumulated is less than two (2) weeks normal pay.

Section 6.03g / 4.07g - Any Employee who is unable to take vacation at the time agreed upon as provided for above, either because of accident or sickness or because he or she is required by their Employer to work during that period shall be granted his or her vacation by the Employer as soon thereafter as is reasonably convenient. When the Employee is so required by the Employer to work during the vacation period as previously decided upon, the Employee shall be paid for work during that period at one and one-half times the regular rate of pay. Section 6.03h / 4.07h - Any Employee who leaves the jurisdiction of this Local Union, who has earned an allowance, may collect same on or after February 1st subsequent to the calendar year in which earnings were made, upon written application to the Local Union, together with a signed application for vacation form. The Union shall forward this request to the Trust and his or her allowance shall be mailed to said Employee at the address given in the request.

DEFAULT ON REQUIRED PAYMENTS:

Section 6.04. Individual Employers who fail to remit as provided in Sections 6.02 and 6.03 shall be

additionally subject to having this Agreement terminated upon 72 hours notice, in writing, being served by

the Union, provided the individual Employer fails to show satisfactory proof that the required payments

have been made.

Section 6.04a / 4.08a DEFAULT/DELINQUENCIES - In the event an Employer fails at any time to secure, maintain, renew or otherwise keep in full force and effect a fringe benefit bond in accordance with the provisions of Section 4.02(a), or fails to make a full remittance of any fringe benefit amounts due, or fails to remain current in agreed upon payment plans with the Trust for past indebtedness, the Trust Administrator shall confirm the fringe benefit bond default/fringe benefit contribution delinquency. If the default/delinquency is not corrected within 10 days of


becoming due, actions shall be taken as indicated in the remainder of Section 4.08. The term “delinquent” in the following paragraphs shall indicate contractors either in default or delinquent. An Employer is also considered to remain delinquent until all benefits, interest, and penalties assessed to the delinquent Employer are satisfied. Section 6.04b / 4.08b - The Puget Sound Chapter, NECA and IBEW, Local 46 shall send a joint letter to the delinquent Employer notifying the Employer that the Union and the Apprenticeship Office shall remove all Employees covered by this Agreement from the employ of a delinquent Employer within 72 hours of receipt of said letter. Such removal of Employees and cessation of work by the Employees of any such delinquent Employer shall continue until the Administrator of the Trust Funds involved confirms that the appropriate bond has been obtained and/or that no amounts remain owing to the Fund by the delinquent Employer. Section 6.04c / 4.08c - Delinquent Employers shall remain signatory to this Agreement and shall not be able to utilize the Union referral procedure nor request dispatch of Apprentices from the JATC to obtain applicants for work. Article V, Section 5.06 shall not apply until the Administrator of the Trust Funds involved confirms that the appropriate bond has been obtained and/or that no amounts remain owing to the Fund by the delinquent Employer. In the event any Employee loses any wages or fringe benefits because of the withholding of labor, such lost wages and fringe benefits shall be regarded as time worked and the delinquent Employer shall pay lost wages and benefits required under the terms of this Agreement for the entire period of time during which labor has been withheld.

Section 6.04d / 4.08d - Signatory Employers and/or NECA shall not challenge the unemployment benefits of Employees removed from the delinquent Employer according to this section, as long as the Employee is properly registered on the Union out-of-work list and has not been compensated for lost wages and benefits by the delinquent Employer.

Section 6.04e / 4.08e - All Employees removed from the delinquent Employer, if on the out of work list, shall be reinstated with the delinquent Employer when the appropriate bond has been obtained and/or no amounts remain owing to the Fund by the delinquent Employer. If other Employers assume the project(s) of the delinquent Employer, all previously removed Employees, upon request of the new Employer, may be placed with the new Employer(s).

Section 6.04f / 4.08f - In the event that the Employer fails to remit fringe benefit contributions as required, any amounts subsequently paid to or collected by the Trust Funds shall be first applied to delinquent Employee variable annuity contributions and vacation deduction, with any remaining contributions applied to remaining contributions on a pro rata basis. Section 6.04g / 4.08g - In no event, however, shall the Trustees be obligated to pursue the collection of delinquent contributions through the grievance-arbitration procedures


provided in this Labor Agreement. NATIONAL ELECTRICAL ANNUITY PLAN (NEAP): (Optional Language)

Note: Adoption of NEAP is subject to local negotiations and agreement. If the following fund is utilized,

this language must be verbatim.

(Note: Regarding contributions; Use the first phrase if the contribution amount is the same for all

bargaining unit employees and use the other two phrases if the contribution amount differs by

classification. If the contribution amounts differ, either list the classifications and contribution amounts

below or refer to the section of the Pattern Agreement Guide where NEAP is listed (Article 3.05B.)

Section 6.05. It is agreed that in accord with the IBEW–District Ten–NECA Individual Equity

Retirement Plan Agreement entered into between the National Electrical Contractors Association,

Inc., and the International Brotherhood of Electrical Workers on December 11, 1973, as amended,

and now delineated as the National Electrical Annuity Plan Agreement and Trust, that unless

authorized otherwise by the National Electrical Annuity Plan (NEAP), the individual employer will

forward monthly to NEAP's designated collection agent (an amount equal to _______) (or) (the

amount set forth below) (or) (the amount set forth in section______) (the contribution obligation)

together with a completed payroll report prescribed by the NEAP. The payment shall be made by

check or draft and shall constitute a debt due and owing to NEAP on the last day of each calendar

month, which may be recovered by suit initiated by NEAP or its assignee. The payment and the

payroll report shall be mailed to reach NEAP not later than 15 calendar days following the end of

each calendar month.

The individual Employer hereby accepts, and agrees to be bound by, the National Electrical Annuity

Plan Agreement and Trust.

An individual Employer who fails to remit as provided above shall be additionally subject to having

his agreement terminated upon 72 hours notice in writing being served by the Union, provided the

individual employer fails to show satisfactory proof that the required payments have been paid to the

appropriate collection agent.


The failure of an individual employer to comply with the applicable

provisions of the National Electrical Annuity Plan Agreement and

Trust shall also constitute a breach of his labor agreement.

SUPPLEMENTAL UNEMPLOYMENT BENEFIT:

Section 6.06. The individual Employer shall contribute and forward monthly to the Local Union ______

Supplemental Unemployment Benefit Fund an amount equal to (______% of his gross monthly labor

payroll) (or) (______cents for each hour _____)* which he is obligated to pay to the employees in this

bargaining unit, and a completed payroll report prescribed by the Trustees. The payment and payroll report

shall be mailed to reach the Trustees or their designated agent not later than 15 calendar days following the

end of each calendar month. The individual Employer hereby accepts, and agrees to be bound by, the

Supplemental Unemployment Benefit Agreement and Trust. Note: *Use either a percentage of gross

monthly labor payroll or cents per hour for each hour worked or cents per hour

for each hour paid.

FRINGE BENEFIT REMEDIES:

Section 6.07(a). The failure of an individual Employer to comply with the provisions of Sections 6.01

through 6.06 shall also constitute a breach of this labor agreement. As a remedy for such a violation, the

Labor-Management Committee and/or the Council on Industrial Relations for the Electrical Contracting

Industry, as the case may be, are empowered, at the request of the Union, to require an Employer to pay into

the affected Joint Trust Funds established under this Agreement any delinquent contribution to such funds

which have resulted from the violation.

(b). If, as a result of violations of this Section, it is necessary for the Union and/or the Trustees of

the Joint Trust Funds to institute court action to enforce an award rendered in accordance with Subsection

(a) above, or to defend an action which seeks to vacate such award, the Employer shall pay any accountants'

and attorneys' fees incurred by the Union and/or Fund Trustees, plus costs of the litigation which have

resulted from the bringing of such court action.

ADMINISTRATIVE MAINTENANCE/RECEIVING TRUST FUNDS: (STATEMENT)

Note: Funds of this nature come in many varied forms. As such, the IBEW has established the following


criteria that must be met in order for such a fund to be approved.

Within the contract clause establishing the Administrative Maintenance/Receiving Trust Fund, the

following needs to be clearly stated:

1) the fund is to be administered solely by the Chapter or employers;

2) the fund may not be used in any manner detrimental to the Local Union or the IBEW; and,

3) the enforcement for delinquent payments to the fund shall be the sole responsibility of the fund

or the Chapter or Employers and not the Local Union.

Section 6.07 / 2.08 ADMINISTRATIVE MAINTENANCE FUND - Employers signatory to this Labor Agreement with Local Union No. 46, IBEW, shall contribute three quarters of one percent (.75%) of productive labor payroll as reported on their fringe benefit report to the Administrative Maintenance Fund. The monies are for the purpose of administration of all trust funds as delineated in this Agreement, and other administrative costs. The fund is to be administered solely by Puget Sound Chapter, NECA or their appointed designee. No portion of this fund shall be used contrary to the Local Union No. 46, IBEW. The Local shall have the right to inspect the books of this fund. The AMF contribution shall be submitted with all other fringe benefits as delineated in the Labor Agreement by the fifteenth (15th) of the following month in which they are due to the Administrator receiving said funds. In the event any Employer is delinquent in submitting the required Administrative Maintenance Fund to the designated Administrator, the Administrator shall have authority to recover any funds, along with any attorney fees, court costs, interest at one percent (1%) per month and liquidated damages receiving said funds. Enforcement for delinquent payments to the fund shall be the sole responsibility of the fund and not the Union.

ARTICLE VII

NATIONAL ELECTRICAL INDUSTRY FUND (NEIF)

Note: This Category I Language is not required in non-NECA Bargaining Agreements. Employers who are

not members of NECA are not participants in this Industry Fund per their Letter of Assent language.

Section 7.01. Each individual Employer shall contribute an amount not to exceed one percent (1%)


nor less than .2 of 1% of the productive electrical payroll as determined by each local Chapter and

approved by the Trustees, with the following exclusions:

1) Twenty-five percent (25%) of all productive electrical payroll in excess of 75,000 man-hours

paid for electrical work in any one Chapter area during any one calendar year but not

exceeding 150,000 man hours.

2) One hundred percent (100%) of all productive electrical payroll in excess of 150,000 man-

hours paid for electrical work in any one Chapter area during any one calendar year.

(Productive electrical payroll is defined as the total wages including overtime paid with respect to all

hours worked by all classes of electrical labor for which a rate is established in the prevailing labor

area where the business is transacted.)

Payment shall be forwarded monthly to the National Electrical Industry Fund in a form and manner

prescribed by the Trustees no later than fifteen (15) calendar days following the last day of the

month in which the labor was performed. Failure to do so will be considered a breach of this

Agreement on the part of the individual Employer.


ARTICLE VIII

LOCAL LABOR-MANAGEMENT COOPERATION COMMITTEE (LMCC)

Note: The Local Union and NECA Chapter should consult legal counsel regarding the requirements for

establishing and maintaining a Local LMCC.

Section 8.01. The parties agree to participate in a Labor-Management Cooperation Fund,

under authority of Section 6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C.

§175(a) and Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. §186(c)(9).

The purposes of this Fund include the following:

1) to improve communications between representatives of Labor and Management;

2) to provide workers and employers with opportunities to study and explore new and

innovative joint approaches to achieving organizational effectiveness;

3) to assist workers and employers in solving problems of mutual concern not susceptible

to resolution within the collective bargaining process;

4) to study and explore ways of eliminating potential problems which reduce the

competitiveness and inhibit the economic development of the electrical construction industry;

5) to sponsor programs which improve job security, enhance economic and community

development, and promote the general welfare of the community and industry;

6) to engage in research and development programs concerning various aspects of the

industry, including, but not limited to, new technologies, occupational safety and health, labor

relations, and new methods of improved production;

7) to engage in public education and other programs to expand the economic development

of the electrical construction industry;

8) to enhance the involvement of workers in making decisions that affect their working

lives; and,

9) to engage in any other lawful activities incidental or related to the accomplishment of

these purposes and goals.

Section 8.01a / 6.05a LMCC - In accordance with Article VI, Section 6.01 (6) of this Agreement,


the parties agree to participate in a Local 46/Puget Sound Chapter, NECA Labor Management Cooperation Fund, under authority of Section 6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. §186(c)(9).

Section 8.02. The Fund shall function in accordance with, and as provided in, its Agreement

and Declaration of Trust and any amendments thereto and any other of its governing

documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to

participate in the LMCC, as provided in said Agreement and Declaration of Trust.

Section 8.03. Each employer shall contribute . Payment shall be

forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen

(15) calendar days following the last day of the month in which the labor was performed.

The Chapter, NECA, or its designee, shall be the collection

agent for this Fund.

Section 8.01b / 6.05b - Each employer shall contribute $.01 per hour worked beginning 06/06/2005. Payment shall be forwarded monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. The Puget Sound Chapter, NECA, or its designee, shall be the collection agent for this Fund. Procedure for collection of delinquent contributions shall be the same as in Section 6.04 of this Agreement.

Section 8.04. If an Employer fails to make the required contributions to the Fund, the Trustees shall

have the right to take whatever steps are necessary to secure compliance. In the event the Employer

is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, but not

less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to

the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable

damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added

to and become a part of the contributions due and payable, and the whole amount due shall bear

interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for

all costs of collecting the payment together with attorneys' fees.


ARTICLE IX

NATIONAL LABOR-MANAGEMENT COOPERATION COMMITTEE (NLMCC)

Section 9.01. The parties agree to participate in the NECA-IBEW National Labor-

Management Cooperation Fund, under authority of Section 6(b) of the Labor Management

Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor Management

Relations Act, 29 U.S.C. §186(c)(9). The purposes of this Fund include the following:

1) to improve communication between representatives of labor and management;

2) to provide workers and employers with opportunities to study and explore new

and innovative joint approaches to achieving organization effectiveness;

3) to assist worker and employers in solving problems of mutual concern not

susceptible to resolution within the collective bargaining process;

4) to study and explore ways of eliminating potential problems which reduce the

competitiveness and inhibit the economic development of the electrical construction industry;

5) to sponsor programs which improve job security, enhance economic and

community development, and promote the general welfare of the community and the

industry;

6) to encourage and support the initiation and operation of similarly constituted

local labor-management cooperation committees;

7) to engage in research and development programs concerning various aspects of

the industry, including, but not limited to, new technologies, occupational safety and health,

labor relations, and new methods of improved production;

8) to engage in public education and other programs to expand the economic

development of the electrical construction industry;

9) to enhance the involvement of workers in making decisions that affect their

working lives; and

10) to engage in any other lawful activities incidental or related to the

accomplishment of these purposes and goals.


Section 9.01 / 6.01 NLMCC - The parties agree to participate in the NECA-IBEW National Labor-Management Cooperation Fund, under authority of Section 6(b) of the Labor Management Cooperation Act of 1978, 29 U.S.C. §175(a) and Section 302(c)(9) of the Labor Management Relations Act, 29 U.S.C. §186(c)(9). The purposes of this Fund include the following: (same as before from hereon)

(1) to improve communications between representatives of labor and management;

(2) to provide workers and Employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;

(3) to assist workers and Employers with opportunities to study and explore new and innovative joint approaches to achieving organizational effectiveness;

(4) to study and explore ways of eliminating potential problems which reduce the competitiveness and inhibit the economic development of the electrical construction industry;

(5) to sponsor programs which improve job security, enhance economic and community development, and promote the general welfare of the community and the industry;

(6) to encourage and support the initiation and operation of similarly constituted local labor-management cooperation committees;

(7) to engage in research and development programs concerning various aspects of the industry, including but not limited to, new technologies, occupational safety and health, labor relations, and new methods of improved production;

(8) to engage in public education and other programs to expand the economic development of the electrical construction industry;

(9) to enhance the involvement of workers in making decisions that affect their working lives; and

(10) to engage in any other lawful activities incidental or related to the accomplishment of these purposes and goals.


Section 9.02. The Fund shall function in accordance with, and as provided in, its Agreement

and Declaration of Trust, and any amendments thereto and any other of its governing

documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to

participate in the NLMCC, as provided in said Agreement and Declaration of Trust.

Section 9.02 / 6.02 - The Fund shall function in accordance with, and as provided in, its Agreement and Declaration of Trust, and any amendments thereto and any other of its governing documents. Each Employer hereby accepts, agrees to be bound by, and shall be entitled to participate in the NLMCC, as provided in said Agreement and Declaration of Trust.

Section 9.03. Each employer shall contribute one cent (1¢) per hour worked under this

Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded

monthly, in a form and manner prescribed by the Trustees, no later than fifteen (15)

calendar days following the last day of the month in which the labor was performed.

Chapter, NECA, or its designee, shall be the collection agent for this Fund.

Section 9.03 / 6.03 - Each Employer shall contribute one cent ($.01) per hour worked under this Agreement up to a maximum of 150,000 hours per year. Payment shall be forwarded monthly, in the form and manner prescribed by the Trustees, no later than fifteen (15) calendar days following the last day of the month in which the labor was performed. The Puget Sound Chapter, NECA, or its designees, shall be the collection agent for this fund.

Section 9.04. If an Employer fails to make the required contributions to the Fund, the

Trustees shall have the right to take whatever steps are necessary to secure compliance. In

the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of

the delinquent payment, but not less than the sum of twenty dollars ($20), for each month

payment of contributions is delinquent to the Fund, such amount being liquidated damages,

and not a penalty, reflecting the reasonable damages incurred by the Fund due to the

delinquency of the payments. Such amount shall be added to and become a part of the

contributions due and payable, and the whole amount due shall bear interest at the rate of

ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of

collecting the payment together with attorneys' fees.

Section 9.04 / 6.04 - If an Employer fails to make the required contribution to the Fund, the Trustees shall have the right to take whatever steps are necessary to secure


compliance. In the event the Employer is in default, the Employer shall be liable for a sum equal to 15% of the delinquent payment, not less than the sum of twenty dollars ($20), for each month payment of contributions is delinquent to the Fund, such amount being liquidated damages, and not a penalty, reflecting the reasonable damages incurred by the Fund due to the delinquency of the payments. Such amount shall be added to and become a part of the contributions due and payable, and the whole amount due shall bear interest at the rate of ten percent (10%) per annum until paid. The Employer shall also be liable for all costs of collecting the payment together with attorney’s fees.

Section 9.05. The 1 cent-per-hour contribution for the National LMCC is to be paid from the

Local LMCC Fund. There will be no increase in the wage/fringe package for this

contribution.

ARTICLE X

SAFETY

Section 10.01. There shall be a Joint Safety Committee consisting of three members representing the

Chapter and three members representing the Union. The duties of this Committee shall be to develop and

recommend safe work rules that are equal to or greater than the Standards of Construction as established by

the Occupational Safety and Health Act of 1970, or other applicable federal or state laws. Such rules and

the other safety rules provided in this Article, are minimum rules and not intended to imply that the Union

objects to the establishment and imposition by the Employers of additional or more stringent safety rules to

protect the health and safety of the employees.

Section 10.02. It shall also be the function of this Committee to study these safe work rules and

recommend their update to the parties to this Agreement for possible inclusion in this Agreement. This

Committee shall meet at least once each quarter and also when called by the Chairman or when called by a

majority of the current Committee members.

Section 10.03. Members of the Joint Safety Committee shall be selected by the party they represent. Their

term of office shall be three years unless removed by the party they represent. The term of one Chapter and


one Union representative shall expire each year with successors to be determined in the same manner as the

original appointments were made. A Committee member is eligible to succeed himself.

Section 10.04. Neither the Union, nor any member of the Committee, nor any employee representative

performing safety- or health-related functions under this Agreement, shall be liable to any Employer, to any

employee, or to any other person for any act or failure to act in the capacity of an employee representative

or committee member.

Section 10.05. Two Journeymen shall work together on all energized circuits of 440 volts AC or 250 Volts

DC or respective higher voltages. Journeymen shall be used in assisting a Journeyman Wireman while

splicing cable.


Section 10.01 / 3.16 SAFETY Section 10.01a / 3.16a LIVE CIRCUITS - On changes or additions to energized circuits or equipment carrying four hundred forty (440) volts or over, as a safety measure, two or more Journeymen must work together, one standing by wearing rubber gloves. Section 10.01b / 3.16b SAFETY PROTECTION DEVICES - Adequate safety or protection devices shall be supplied by the Employer on all hazardous work in accord with safety orders of the State of Washington, Department of Labor and Industries. They shall also observe instructions of the Employer in matters of safety, provided such instructions are not in conflict with safety orders of the State of Washington, Department of Labor and Industries, and recognized practices of the trade. Section 10.01c / 3.16c EQUIPMENT - When workers are required to work in areas where

injurious gases, excessive dust, or noxious fumes are present in amounts necessitating

the Employees to use a gas mask, respirator, or other appropriate equipment, as

determined by state standards they shall be provided or the Employees shall not be

required to work in the area. Section 10.01d / 3.16d FIRST AID KITS - The electrical contractor shall furnish a first aid kit(s) approved by the State of Washington, Department of Labor and Industries on each job and each truck as specified by State law.

Section 10.06. Cable Splicers shall not be required to work on wires or cables when the difference in

potentials is over 200 Volts between any two conductors or between any conductor or ground unless

assisted by one Journeyman. In no case shall Cable Splicers be required to work on energized cables

carrying in excess of 480 Volts.

Section 10.07. No employees shall be compelled to use a powder-actuated tool. Only qualified employees

shall be permitted to use powder-actuated tools.

Section 10.08. The Employer shall furnish all safety equipment, including hard hats and steel-toed shoes

when such are required and shall also furnish proper individual protective gear to workers engaged in

burning and welding operations.

Section 10.09. The safe work practices that are in effect on utility company property that are more stringent


than those in this Agreement shall apply to work performed on that property under the terms of this

Agreement.

EMPLOYER’S RESPONSIBILITY:

Section 10.10. It is the Employer's exclusive responsibility to insure the safety of its employees and

their compliance with these safety rules and standards.


ARTICLE XI

SUBSTANCE ABUSE

Note: The following language is the only language to be included in the Collective Bargaining

Agreement, verbatim, regarding Substance Abuse.

Section 11.01. The dangers and costs that alcohol and other chemical abuses can create in the

electrical contracting industry in terms of safety and productivity are significant. The parties to this

Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to

eliminate substance abuse and impairment should contain a strong rehabilitation component. The

local parties recognize that the implementation of a drug and alcohol policy and program must be

subject to all applicable federal, state, and local laws and regulations. Such policies and programs

must also be administered in accordance with accepted scientific principles, and must incorporate

procedural safeguards to ensure fairness in application and protection of legitimate interests of

privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction

Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse

Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA.

Should any of the required minimum standards fail to comply with federal, state, and/or local laws

and regulations, they shall be modified by the local union and chapter to meet the requirements of

those laws and regulations.

Section 11.01 / 8.01 SUBSTANCE ABUSE PROGRAM - The dangers and costs that alcohol and other chemical abuses can create in the electrical contracting industry in terms of safety and productivity are significant. The parties to this Agreement resolve to combat chemical abuse in any form and agree that, to be effective, programs to eliminate substance abuse and impairment should contain a strong rehabilitation component. The local parties recognize that the implementation of a drug and alcohol policy and program must be subject to all applicable federal, state, and local laws and regulations. Such policies and programs must also be administered in accordance with accepted scientific principles, and must incorporate procedural safeguards to ensure fairness in application and protection of legitimate interests of privacy and confidentiality. To provide a drug-free workforce for the Electrical Construction Industry, each IBEW local union and NECA chapter shall implement an area-wide Substance Abuse Testing Policy. The policy shall include minimum standards as required by the IBEW and NECA. Should any of the required minimum standards fail to comply with federal, state, and/or local laws and regulations, they shall be modified by the local union and chapter to meet the


requirements of those laws and regulations. The parties agree that there will be no grievances filed under Section 8.01. Section 11.02 / 8.02 - The Parties agree to utilize the Portland Electrical Industry Drug Free Workplace Program and be bound by the policy and procedures of that Plan. All costs of the Plan will be borne by the Employers.


ARTICLE XII

CODE OF EXCELLENCE

Note: The following language is the only language to be included in the Collective Bargaining

Agreement, verbatim, regarding the Code of Excellence. Details of the local Code of Excellence program

are to be maintained in a separate document.

Section 12.01. The parties to this Agreement recognize that to meet the needs of our customers, both

employer and employee must meet the highest levels of performance, professionalism, and

productivity. The Code of Excellence has proven to be a vital element in meeting the customers’

expectations. Therefore each IBEW local union and NECA chapter shall implement a Code of

Excellence Program. The program shall include minimum standards as designed by the IBEW and

NECA.

Section 12.01 / 5.14 (d) CODE OF EXCELLENCE The IBEW Code of Excellence is IBEW members demonstrating pride in membership and instilled craftsmanship by leaving lasting impressions of productivity and quality workmanship on every project we perform. It is IBEW members:

Performing the highest quality and quantity of work.

Utilizing skills and abilities to the maximum.

Exercising safe and productive work practices.

The IBEW Code of Excellence is IBEW members building a job right the first time, bringing it to completion on schedule and under budget, thus prompting our customers to again employ the IBEW on future projects. The IBEW Code of Excellence is IBEW members collectively subscribing to, and pursuing, a higher standard of work ethics. The IBEW Code of Excellence proclaims to all that IBEW members will:

Come to work on time, fit for duty and ready to work. Obey recognized customer and employer work rules. Demonstrate zero tolerance for alcohol and substance abuse. Exercise proper safety, health, and sanitation practices.


Own up to ‘8 for 8’ and be on the job unless otherwise allowed or authorized to leave. Follow safe, reasonable, and legitimate management directives. Encourage respect for customer’s rights and property, as well as for others on the job.

eXercise the skills and abilities of the trade. Care for tools and equipment provided by the employer. Eliminate waste and other forms of property destruction, including graffiti. Limit lunch and break times to allocated periods; adhere to start and quit times. Leave inappropriate behavior to those of lesser knowledge. Employ the proper tool for the job and maintain personal tool responsibilities. Not solicit funds or sell merchandise without the Business Manager’s approval. Curtail idle time and/or pursuit of personal business on the job, including cell phone

use. Expel job disruptions and refuse to engage in slowdowns or activities designed to

extend the job or create overtime or any other conduct that would cast the IBEW in bad light.

Parties agree that no grievance can be brought by Puget Sound Chapter, NECA under this Section.


ARTICLE XIII

NATIONAL ELECTRICAL 401K PLAN

(Note: The following language is optional and must be negotiated locally. If utilized, must be verbatim.)

Section 13.01___. It is agreed that the individual Employer, in accord with the National Electrical

401(k) Plan Agreement and Trust (“Agreement and Trust”) as entered into between the National

Electrical Contractors Association and the International Brotherhood of Electrical Workers, as

amended, will participate in the National Electrical 401(k) Plan (“NEFP”).

The individual Employer recognizes that applicable rules require contributions to be transmitted to a

401(k) plan as soon as they can reasonably be segregated from the general assets of the employer.

The Trustees of the NEFP strongly encourage all contributing employers to regularly remit to the

NEFP or its designee any and all bargaining unit employee elective deferrals within seven business

days of the date when the Employer receives or withholds such employee elective deferrals.

However, in recognition that some employers may be unable reasonably to segregate participant

contributions from their general assets more frequently than the standard monthly processing cycle

for participant contributions to pension plans, as noted in U.S. Department of Labor Field Assistance

Bulletin 2003-2, all contributions must be remitted by the fifteenth (15th) of the month following the

month in which the amounts would otherwise have been payable to the participant. In all events,

contributions not remitted by this date shall constitute a debt due and owing to the NEFP. In making

such contributions, the individual Employer shall utilize the NEFP’s electronic remittance system.

Further, in agreeing to participate in the NEFP, the individual Employer agrees to cooperate with the

NEFP by submitting all reasonably requested documents and information necessary for the NEFP to

perform all required testing of the NEFP under the tax laws.

The Chapter and/or the individual Employer, as the case may be, and the Local Union certify that no

existing defined benefit plan was terminated or modified in any manner solely as a condition upon or

as a result of the adoption of the NEFP. This provision does not interfere with the rights and

obligations of such local plan(s)’ trustees to make changes to the plan(s) pursuant to the needs of the

plan(s), their fiduciary duty, and the requirements of ERISA, the Pension Protection Act, or other


laws and regulations.

Inasmuch as the NEFP is intended to offer bargaining unit employees the opportunity to defer

current salary into a retirement savings plan and not to replace any existing employer-funded

defined benefit plan, no employer contributions will be required or accepted on behalf of individuals

for hours worked under the terms of this agreement.

The individual Employer hereby accepts, and agrees to be bound by, the Agreement and Trust.

An individual Employer who fails to remit employee elective deferrals as provided above shall be

subject, in addition to all remedies afforded by law or in the Agreement and Trust, to having its

participating in the NEFP suspended or terminated at the discretion of the Trustees of the NEFP

upon written notice to the individual Employer. An individual Employer who fails to remit as

provided above shall be additionally subject to having this agreement terminated upon seventy-two

(72) hours’ notice in writing being served by the Union, provided the individual Employer fails to

show satisfactory proof that the required payments have been paid to the appropriate local collection

agent.

The failure of an individual Employer to comply with the applicable provisions of the Agreement and

Trust shall also constitute a breach of his labor agreement.


SEPARABILITY CLAUSE

Should any provision of this Agreement be declared illegal by any court of competent jurisdiction,

such provisions 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.

Should any provision of this Agreement be declared illegal by any court of competent jurisdiction, such provisions 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. EFFECTIVE DATE This Agreement shall become effective as of the 2nd day of July, 2007. IN WITNESS THEREOF: The aforementioned have executed this consolidated, permanent, continuing, Collective Bargaining Agreement dated July 2, 2007. THIS AGREEMENT IS AGREED TO AND SIGNED ON , 2007. PUGET SOUND CHAPTER, NATIONAL ELECTRICAL CONTRACTORS ASSOCIATION Barry W. Sherman, Executive Director

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL UNION NO. 46 Gary A. Price, Business Manager and Financial Secretary

Mlf/opeiu#8/afl-cio/5/27/2010/C:\Web\Local46_DW\documents\Pattern46Merge.rtf

GENDER LANGUAGE

Whenever the male gender is used in this Agreement, the female gender is also intended.

SUBJECT TO THE APPROVAL OF THE INTERNATIONAL PRESIDENT, IBEW®

SIGNED: SIGNED:

(NAME OF CHAPTER)

________________________________ LOCAL UNION ________, IBEW®

BY_____________________________ BY__________________________

TITLE__________________________ TITLE_______________________

DATE__________________________ DATE________________________