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1
AGREEMENT
BETWEEN
SHEET METAL AIR, RAIL
And
TRANSPORTATION WORKERS UNION
LOCAL # 2
TOPEKA, KANSAS
AND
TOPEKA AREA CONTRACTORS
EFFECTIVE JULY 1, 2014
EXPIRES JUNE 30, 2017
2
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE
ARTICLE I Scope
ARTICLE II Subcontracting
ARTICLE III Employees
ARTICLE IV Hiring Procedures
ARTICLE V Future Use
ARTICLE VI Work hours
ARTICLE VII Travel
ARTICLE VIII Wages
ARTICLE IX Tools and Safety
ARTICLE X Grievances
ARTICLE XI Apprentices
ARTICLE XII Pre-Apprentices
ARTICLE XIII Recognition & Duration
3
STANDARD FORM OF UNION AGREEMENT SHEET METAL, ROOFING, VENTILATING AND AIR CONDITIONING
CONTRACTING DIVISIONS OF THE CONSTRUCTION INDUSTRY
This Agreement entered into July 1, 2014 by and between Topeka Area Contractors and
each business establishment individually, whether represented by a contractor association
or not, hereinafter referred to as the “Employer”, and Local Union No. 2 of The
International Association of Sheet Metal, Air, Rail and Transportation Workers’ Union,
hereinafter referred to as the “Union” for the following counties:
Brown, Cheyenne, Clay, Cloud, Decatur, Ellis, Geary, Gove, Graham,
Jackson, Jewell, Lincoln, Logan, Lyon, Marshall, Mitchell, Morris,
Nemaha, Norton, Osage, Osborne, Ottawa, Phillips, Pottawatomie,
Rawlins, Republic, Riley, Rooks, Russell, Saline, Shawnee, Sheriden,
Sherman, Smith, Thomas, Trego, Wabaunsee, Wallace, Washington
Counties in Kansas.
Other counties within the jurisdictional boundaries of Local #2:
Allen, Anderson, Atchison, Bourbon, Cherokee, Coffey, Crawford,
Doniphan, Douglas, Franklin, Jefferson, Johnson, Labette, Leavenworth, Linn, Miami,
Montgomery, Neosho, Wilson, Woodson and Wyandotte Counties, Kansas and Andrew,
Atchison, Barton, Bates, Benton, Buchanan, Caldwell, Camden, Carroll, Cass, Chariton,
Clay, Clinton, Daviess, Dekalb, Gentry, Grundy, Harrison, Henry, Hickory, Holt,
Howard, Jackson, Johnson, Lafayette, Linn, Livingston, Mercer, Miller, Moniteau,
Morgan, Nodaway, Pettis, Platte, Ray, St. Clair, Saline, Vernon and Worth Counties,
Missouri.
ARTICLE I
SCOPE
Section 1. This agreement covers the rates of pay and conditions of employment
of all current, potential and future Sheet Metal Workers represented by the Union
engaged in but not limited to the:
4
(a) manufacture, fabrication, assembling, handling, erection, installation,
dismantling, conditioning, adjustment, alteration, repairing and servicing of all ferrous
and non-ferrous metal work and all materials used in lieu thereof and all HVAC Systems,
air veyor systems, exhaust systems, and air handling systems regardless of material used
including the setting of all equipment and reinforcements in connection therewith;
(b) all lagging over insulation and all duct lining;
(c) testing and balancing of all air handling equipment and duct work;
(d) the preparation of all shop and field sketches manually drawn, used in
fabrication and erection including those taken from original architectural and engineering
drawings or sketches;
(e) metal roofing;
(f) all other work included in the jurisdictional claims of the International
Association of Sheet Metal, Air, Rail and Transportation Workers’ Union.
Section 2. It is further understood that employees covered by this Agreement
shall cut all openings, through walls, floors, ceilings and roofs that are to receive sheet
metal work of all descriptions except, hole cutting in concrete, masonry, lath and plaster
at contractors option, provided that these openings do not interfere with the structural
capacity of any part of the building or when the structural lintels are specified. This does
not apply to new buildings under construction where common practice provided that
openings be left for sheet metal work by General Contractor as construction progresses.
Section 3(a). The Employer agrees to work with the Union and obtain all of the
work that comes within the jurisdiction of the International Association of Sheet Metal,
Air, Rail and Transportation Workers’ Union.
Section 3(b). The Union agrees to work with owners, architects and engineers to
obtain all of the work that comes within jurisdiction of the International Association of
Sheet Metal, Air, Rail and Transportation Workers’ Union.
Section 4(a). During work hours, the Business Manager or Representative(s) of
the Union shall have free access to the Employer’s shop or jobs where employees are
employed upon notification of management office.
Section 4(b). In the event security reasons require an escort into the shop or job,
the Employer will cooperate in making the necessary arrangements for the Business
Manager or Representative(s) access.
ARTICLE II
SUBCONTRACTING
5
Section 1. No Employer shall subcontract or assign any of the work described
herein which is to be performed at a job site to any contractor, subcontractor or other
person or party who fails to agree in writing to comply with the conditions of
employment contained herein including, without limitations, those relating to union
security, rates of pay and working conditions, hiring and other matters covered hereby for
the duration of the project.
Section 2. Subject to other applicable provisions of this Agreement, the Employer
agrees that when subcontracting for prefabrication of materials covered herein, such
prefabrication shall be subcontracted to fabricators who pay their employees engaged in
such fabrication not less than the prevailing wage for comparable sheet metal fabrication,
as established under provisions of this Agreement.
ARTICLE III
EMPLOYEES
Section 1(a). The Employer agrees that none but journeyman, apprentice and pre-
apprentice sheet metal workers shall be employed on any work described in Article I and
further, for the purpose of providing jurisdiction, agrees to provide the Union with
written evidence of assignment on the Employer’s letterhead for certain specified items
of work to be performed at a jobsite prior to commencement of work at the site. List of
such specific items, which may be revised from time to time, as agreed to by and between
SMACNA and SMART, shall be provided to the Employer.
Section 1(b). It is agreed that the Employer who is party to this Agreement will
not discharge employees because of legal union activities.
Section 1(c). Stewards appointed by the Business Manager or Representative(s)
of Local #2 shall not be subject to discrimination by the Employer because of the
performance of his/her duties as steward. A steward shall receive the regular
journeyman’s rate of pay and be subject to the same terms of employment as any other
employee.
Section 1(d). The Business Manager or Representative(s) may appoint a steward
for each shop or jobsite. The steward shall be selected from employees having at least six
months tenure with the Employer. If no such employee is available, the steward will be
the first man on the job other than the foreman. The Employer will receive notice in
writing at his place of business of the appointment of all stewards. It will be the
responsibility of the Employer to cooperate with the Union to promote the efficiency of
appointed stewards in the performance of their assigned duties.
Section 1(e). The shop steward may be laid off or terminated due to lack of work,
lack of productivity, insubordination or any just cause. In case a union steward is laid off
or terminated, the Employer shall notify the Business Manager or Representative(s) prior
6
to the steward being laid off or terminated. This section in no way supersedes the
Employer, Union or the employee of their rights under Article X.
Section 1(f). The duties of a steward shall be outlined in the Constitution and
Ritual of the International Association of Sheet Metal, Air, Rail and Transportation
Workers’ Union and as follows:
It shall be the duty of a steward to observe conditions of employment and the
conduct of members to the end that duties and obligations of members and the provisions
of existing Union Agreements shall be complied with; to assist whenever possible in
adjusting differences or misunderstandings which arise out of the interpretations or
application of the provisions of existing Union Agreements in connection with the
employment of members in shops or on jobs; to advise eligible applicants for
membership regarding the requirements of membership and refer said applicants to the
Financial Secretary or the Business Manager or Representative(s) of the Local Union; to
direct traveling members of other Local Unions, who are seeking employment, to report
to the Financial Secretary, Business Manager or other official and comply with the
provisions of the Constitution regarding the deposit of transfer cards; to submit regular
reports to the Local Union and to immediately report to the Business Manager or
Representative(s) any matter which requires his/her attention.
Shop stewards shall require absolute compliance with all provisions and
requirements of the Constitution regarding the issue and use of Union Label, and all rules
and regulations governing wages and conditions of employment, and immediately report
any violations or evasions to the Business Manager or Representative(s) of the Local
Union.
Section 1(g). It shall not be a violation of this Agreement and it shall not be a
basis for discharge or discipline for any employee to refuse to cross any picket line
involving a primary dispute.
Section 2. Each steward has a right to call the Business Manager or
Representative(s) during working hours at no lost time to him/her to notify the Business
Manager or Representative(s) of any violations or misunderstandings that may arise in
the shop or on any jobsite. However, any other members will lose time except reporting
violations to steward.
Section 3. It shall not be a violation of this agreement, and shall not be cause for
discharge or disciplinary action, in the event an employee:
(a). Refuses to enter upon any property of his/her Employer involved in a lawful
primary labor dispute or refuses to go through or work behind any lawful primary picket
lines at his/her Employer’s place of business, including picket lines of Union parties to
this Agreement; or
(b). Refuses to go through or work behind any picket line, including picket lines
7
of Union parties to this Agreement, at places of business of any other Employer where
the employees of such Employer are engaged in a strike ratified or approved by the
Union of such employees whom such Employer is legally required to recognized.
Section 4. It shall not be violation of this agreement and it shall not be cause for
discharge or disciplinary action if any employee refuses to perform any service which
his/her Employer performs by arrangement with an Employer or person whose
employees are on strike, and which service, but for such strike, would be performed by
the employees of the Employer or persons on strike.
Section 5. The working rules of Local # 2 and he International Association of
Sheet Metal, Air, Rail and Transportation Workers’ Union are hereby incorporated into
this Agreement and made a part hereof as fully as if set forth herein at length provided
they are not inconsistent with Federal or State laws, and if the terms and provisions
thereof are in conflict with any provisions of this contract such working rules shall
govern; provided, however, that any Employer may establish and maintain safety rules
and conditions setting higher standards than those specified by said working rules.
Section 6. Journeyman will receive, outside of working hours, upgrade training to
improve their skills and increase their knowledge of new technology and emerging markets
for the sheet metal industry. They shall receive 14 hours of training per year. Training shall
consist of mechanical licensing continuing education units, skills upgrade, foreman training
and emerging market technology. If a contractor schedules any mandatory contractor specific
training, this training shall be during working hours and the responsibility of the contractor
employing the journeyman.
Section 7. The parties are committed to maintaining a workplace that is safe,
productive, and free of alcohol and illegal drugs. SMART Local Union No. 2
acknowledges each Area 6 contractor may do pre-employment, post-accident or work
opportunity mandated drug/alcohol testing covered by individual policies of the
individual contractors. The employer shall provide the Union with a copy of the
employer’s policy and shall immediately notify the Union upon any changes to that
policy. In addition, the company shall notify the Drug Officer of the Union immediately
upon a positive test of a member. Should any dispute arise with respect to the application
or implementation of the Employer’s individual policy between workers employed
pursuant to the collective bargaining agreement, such disputes shall be submitted to the
grievance and arbitration provisions of the agreement.
Section 8. Code of Excellence. SMART Local Union No. 2 and the Topeka Area
Contractors agrees to adopt the SMART Code of Excellence Program as amended and
adopted by Local Union No. 2 and the Topeka Area Contractors. Please note that in any
instance in which the SMART Code of Excellence is inconsistent with the Local Union No. 2
Referral Procedures and/or the Topeka Area Building Trades Collective Bargaining
Agreement, the Local Union No. 2 Referral Procedures and CBA shall take precedence.
ARTICLE IV
8
HIRING PROCEDURE
Section 1. It is mutually agreed among the parties hereto that the following
conditions shall govern hiring practices under this Agreement.
Section 2. When qualified journeymen sheet metal workers are required to
properly execute work contracted for by the Employer in the manner and under the
conditions specified in this Agreement, the Employer shall give the Union first
opportunity with all other sources to provide suitable journeymen sheet metal workers. If
the Union fails to supply journeymen sheet metal workers within forty-eight hours, the
Employer may hire such employees and shall notify the Union Hall of the name, address
and phone number of such employees for enrollment
Section 3. When additional qualified apprentices are required to properly execute
work contracted for by the Employer in the manner and under conditions specified in this
Agreement, the Employer shall obtain same from the Business Manager, or Business
Representative, of Local Union No. 2.
Section 4. The Union shall refer applicants for employment without
discrimination against such applicants because of race, color, religion, national origin,
age, sex, or in any way affected by Union membership, by-laws, regulation,
constitutional provisions or any other aspect or obligation of Union membership, policies
or requirements.
Section 5. The Employer shall have the right to reject any applicant for
employment except for reason of race, color, religion, national origin, sex, or age.
Section 6. The Union, if requested, shall advise the Employer of the unemployed
sheet metal workers who are qualified to perform the specific class of work.
Section 7. The Employer agrees to notify the union immediately upon the
employment of any sheet metal worker and how they were accepted for employment.
Section 8. A copy of the hiring procedure shall be posted in the Union Hall and at
the shop of each Employer.
Section 9. The Employer shall furnish a termination slip, approved by Local No. 2
with the final pay of each employee. Copies shall go to the employee and Local No. 2.
Section 10. Each employer, who requests that the union refer additional
manpower, will pay the first assigned journeyman at the foreman’s rate.
ARTICLE V
FUTURE USE
9
ARTICLE VI
HOURS OF WORK - OVERTIME
Section 1(a). The regular workday shall consist of eight (8) consecutive hours per
day, labor in the shop or on the jobsite, between the hours of six o’clock am (6:00 am)
and four-thirty p.m.(4:30 pm) and the regular workweek shall consist of five (5)
consecutive eight (8) hour days in the shop or on the jobsite, beginning with Monday and
ending on Friday of each week. The starting and ending times of the regular working day
may be changed when mutually agreed upon by the Employer and the employee and
approved by the Business Manager or Representative(s) of the Union. All full-time and
part-time labor performed during such hours shall be recognized as regular working hours
and paid for at the regular hourly rate. Except otherwise provided pursuant to Section
1(b), Section 4 and Section 5 of this Article, all work performed outside the regular
working hours and performed during the regular workweek, shall be at one and one-half
(1 ½) times the regular rate of pay, except as otherwise provided in this Agreement.
Section 1(b). On any project that is shut down due to inclement weather or with
documented customer requirements, Monday thru Friday, Saturday may be worked at the
regular straight time rate of pay, by mutual agreement of the Employer, employees and
Business Manager or Representative(s) of the Union, however it will not be mandatory
that employees work on Saturday. No employee shall suffer any disciplinary action for
refusing to work Saturday make-up day.
Section 1(c). The regular workweek may be changed to a scheduled four (4) ten
(10) hour days, Monday through Thursday, or Tuesday through Friday, by mutual
agreement of the Employer, employees and Business Manager or Representative(s) of the
Union.
Section 2. All work performed on Saturday will be paid for at the one and one-
half (1 ½) times the taxable portion of the regular hourly rate as otherwise provided in
this Agreement. All Sundays, New Year’s Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day if worked will be paid for at two (2) times
the taxable portion of the regular hourly rate. If these holidays fall on Sunday, Monday
will be considered the legal holiday and, if worked, will be paid at the two (2) times the
taxable portion of the regular hourly rate.
Section 3. In order to equalize the overtime work as much as possible, preference
to overtime work shall be given to employees on the job or in the shop, provided the
employee due to be given overtime work is qualified.
Section 4(a). Shift work, pay and conditions therefore shall be only as provided
below in this section.
Section 4(b). Shift work shall be recognized as two (2) or more consecutive eight
10
(8) hour shifts per day. The first shift shall be paid at the straight time hourly rate. Second
and Third shift work will be paid at the taxable rate of pay plus fifteen percent (15%) for
shop fabrication or field installation. Any work after eight (8) hour per shift will be paid
at one and one half (1½) times the hourly shift rate.
Shift work shall be done at the following schedule:
Elapsed Hours Work Hours Pay Hours
Daylight Shift 8.5 8.0 8.0
Second Shift 8.5 8.0 8.0 +15%
Third Shift 8.5 8.0 8.0 +15%
24.0 24.0
Shift work week to be from 12:01 a.m. Monday to 11:59 p.m. Friday. Saturday,
Sunday and Holidays shall be at the established overtime rates.
Section 4(c). All personnel being assigned to shift work should be given twenty-
four (24) hours’ notice when possible. If more than eight hours are worked in any one
day it will be paid at the overtime rate.
Section 4(d). If a Third Shift is discontinued before ending the workweek and any
or all employees are returned to the day shift, the following day such employees will
report at 9:30 a.m. and work six and one-half (6½) hours for eight (8) hours pay for the
first day.
Section 5. Work on retrofit or remodeling of existing buildings where it’s
occupants operation prevents work from being performed within the regular workday,
shall be worked in accordance with Section 4(a) of this Article.
ARTICLE VII
TRAVEL EXPENSE OF LOCAL #2 KANSAS
Section 1(a). It is understood and agreed that for the purpose of identifying travel
within Local #2 Area #6 the following conditions shall apply:
Zone #1 : When employed on jobs in Geary, Jackson, Lyon, Morris,
Pottawatomie, Osage, Riley, Shawnee and Wabaunsee counties in Kansas.
Zone #2 : When employed on jobs in Brown, Clay, Marshall, Nemaha and
Washington counties in Kansas.
11
Zone #3: When employed on jobs in Cheyenne, Cloud, Decatur, Ellis, Gove,
Graham, Jewell, Lincoln, Logan, Mitchell, Norton, Osborne, Ottawa, Phillips, Rawlins,
Republic, Rooks, Russell, Saline, Sheriden, Sherman, Smith, Thomas, Trego and Wallace
counties in Kansas.
If travel is necessary in Local #2 Areas 1, 2, 3, 4 or 5, except Atchison,
Douglas, Franklin or Jefferson counties all travel shall be paid at a
minimum of $25.00 a day. If overnight stay is required then per diem
shall be negotiated between the Union and Contractor.
Section 1(b). When employed in a shop or on a job within Area #6 employees
shall be governed by the regular working hours specified herein and shall provide for
themselves necessary transportation within Area #6 from home to shop or job at starting
time and from shop or job to home at quitting time, and the Employer shall provide and
pay for all necessary additional transportation during working hours.
Section 1(c). If travel is necessary outside of Zone #1 compensation for
subsistence will be negotiated between the Employer and the employee on job by job
basis, once subsistence is agreed upon, the employer agrees to notify the union.
Section 1(d). All travel time outside the established work week will be paid at
one and one-half (1½) times the regular rate of pay. Note that no straight time is paid for
travel unless it is during normal working hours. If the Employer sends an employee from
the Employer’s original place of business, the Employer shall pay travel time and
transportation expenses from the Employer’s original place of business, regardless of job
location.
In the event additional transportation, during the working hours, is
provided by an employee in his/her vehicle, he/she will be compensated for such
transportation at the current rate of the Internal Revenue Service mileage
deduction. The Employer shall pay for all parking expense, road and bridge tolls
incurred. The Employer may designate parking locations and routes and
employees shall furnish receipts for all expenditures.
Section 1(e). Travel outside Local #2’s Jurisdictional Area, the Employer shall
pay all necessary transportation, travel time, parking, road and bridge tolls room and
board while employed in that Area.
Section 1(f). In the event the jurisdiction is increased notification will be given
immediately to the Employer and the added counties will automatically be included.
12
13
14
ARTICLE VIII
WAGES
Section 1(a). The minimum rate of wages for journeymen sheet metal workers
covered by this Agreement when employed in a shop or on a jobsite within the
jurisdiction of the Union to perform any work specified in Article I of this Agreement
shall be per Section 1(b) or 1(c), except as hereinafter specified in Section 2 of this
Article.
Section 1(b). Overtime rates of pay will be figured on amount paid for each hour
worked that is taxable.
Section 1(c).
JOURNEYMAN WAGE RATE AND FRINGE BENEFIT SUMMARY.
7/1/2014 7/1/2015 7/1/2016 Total Wage Increase $1.00 $0.80 $0.70
Journeyman Hourly
Wage Rate $30.69 $31.06 $31.31
Deductions After Taxes
Working Assessment 3.75% of Beneficial Wage
Per Capita $0.11 $0.11 $0.11
Fringes Paid by the Employer on Behalf
Of Employee and Employer:
National Pension $5.79 $6.20 $6.63
Mo-Kan Health* $5.91 $5.91* $5.91*
Retiree Mo-Kan
Health Subsidy $0.30 $0.32 $0.34
ITI/NEMI $0.15 $0.15 $0.15
SMOHIT $0.02 $0.02 $0.02
401(k) (Currently $1.79) $1.79 $1.79 $1.79
Local Training $0.94 $0.94 $0.94
Total Fringe Package $14.90 $15.33 $15.78
Total Wage &
Fringe Package $45.59 $46.39 $47.09
Foreman Pay $32.84 $33.24 $33.50
General Foreman Pay $33.76 $34.17 $34.44
Superintendent Pay $34.68 $35.10 $35.38
15
7/1/2014 7/1/2015 7/1/2016
Shift Pay for
2nd & 3rd Shift $34.12 $34.43 $34.73
Effective July 1st, increases shall be added to the total package with the
distribution of the increases to be determined by the Union.
* Allocations subject to change by MoKan Trustees recommendation at a Special Order
of Business Meeting, prior to contractual increase.
Section 2. On all work specified in Article I of this Agreement, fabricated and/or
assembled by journeymen sheet metal workers, apprentices and/or pre-apprentices within
the jurisdiction of this Union or elsewhere, for erection and/or installation within the
jurisdiction of any other Local Union affiliated with SMART whose established wage
scale is higher than the wage scale specified in this Agreement the higher wage scale of
the job site Union shall be paid to the journeymen employed on such work in the home
shop or sent to the job site.
Section 3. The provisions of Article II, Section 2; Article III, Section 1 or Section
2 of this Article shall not be applicable to the manufacture for sale to the trade or
purchase of the following items:
1. Ventilators
2. Louvers
3. Automatic and Fire Dampers
4. Radiator & Air Conditioning unit enclosures
5. Fabricated pipe and fittings for residential installation and light commercial work as
defined in the locality.
6. Mixing (attenuation) boxes
7. Plastic Skylights
8. Air Diffusers, grilles, registers
9. Sound Attenuators
10. Chutes and appendages.
11. Double-wall panel plenums
12. Angle rings
Section 4. The provisions of Section 2 of this Article shall not be applicable to
AIR POLLUTION CONTROL SYSTEMS fabricated for the purpose of removing air
pollutants, excluding air conditioning, heating and ventilating systems. In addition, the
provisions of Section 2 of this Article will not be applicable to the manufacture of spiral
pipe and fittings, except when such a provision is contained in the local union agreement
or addendum to the SFUA.
Section 5. Except as provided in Section 2 and 6 of this Article, the Employer
agrees that journeymen sheet metal workers hired outside of the territorial jurisdiction of
16
this Agreement shall receive the wage scale and working conditions of the local
Agreement covering the territory in which such work is being performed and supervised.
Section 6. When the Employer has any work specified in Article I of this
Agreement to be performed outside of the area covered by this Agreement and within the
area covered by another Agreement with another union affiliated with SMART and
qualified sheet metal workers are available in such area, he may send no more than
two(2) sheet metal workers per job into such area to perform any work which the
Employer deems necessary, both of whom shall be from the Employer’s home
jurisdiction. All additional sheet metal workers shall come from the area in which the
work is to be performed. Journeymen sheet metal workers covered by this Agreement
who are sent outside of the area covered by this Agreement shall be paid at least the
established minimum wage scale specified in Section 1 of this Article but in no case less
than the established wage scale of the local Agreement covering the territory in which
such work is being performed or supervised, plus all necessary transportation, travel time,
board and expenses while employed in that area and the Employer shall be otherwise
governed by the established working conditions of that local Agreement. If employees
are sent into an area where there is no local Agreement of SMART covering the area then
the minimum conditions of the home local union shall apply.
Section 7. In applying the provisions of Sections 2, 5 and 6 of this Article, the
term “wage scale” shall include the value of all applicable hourly contractual benefits in
addition to the hourly rate provided in said Sections.
Section 8(a). Welfare Benefit Contributions shall not be duplicated.
When sheet metal workers are employed temporarily outside the jurisdiction of
their home local union, the parties signatory to this Agreement agree to arrange through
the Health & Welfare Trust Fund to transmit health & welfare contributions made on
behalf of the employee to the Health & Welfare Fund in the employee’s home local
union.
The parties to this Agreement agree to establish a system for continuing health &
welfare coverage for employees working temporarily outside the jurisdiction of the local
collective bargaining agreement when health & welfare contributions are transmitted on
their behalf by trust funds from other areas.
Section 8(b). Each Employer working under this agreement agrees to pay to Mo-
Kan Sheet Metal Workers Welfare Fund as per Section 1(c) of this Article per hour
starting July 1, 2008, for each hour worked by the employee covered by this Agreement.
Payments to be made to Mo-Kan Sheet Metal Workers Welfare Fund, P.O. Box 300019,
Kansas City, MO., 64130-0019.
Section 8(c). When sheet metal workers are temporarily employed outside the
jurisdiction of their home local union, the parties signatory to this agreement shall
arrange to transmit any 401(k) contributions required to be made to a 401(k) plan where
the work is performed to a 401(k) plan established for the employee's home local union,
and/or to the National Supplemental Savings Fund.
17
Section 9(a). Wages at the established rates specified herein shall be paid weekly
in cash or by check in the shop or on the jobsite at or before quitting time and no more
than three (3) days’ pay withheld. Alternative payroll procedures, i.e. electronic and/or
direct deposit may be used if agreed to by the employee.
Section 9(b). When employees are discharged an appropriate amount of time
shall be allowed so employees can gather their tools and belongings. All Employers shall
pay employees in full immediately upon discharge due to layoff or summary dismissal;
wages at the overtime rate must be paid for all time that expires after the hour of
dismissal pending this payment.
Section 9(c). The failure of an Employer to pay wages due may be considered a
breach of this Agreement in its entirety.
Section 10. Journeymen, Apprentices and Pre-Apprentices who report for work
by direction of the Employer and are not placed to work shall be entitled to two (2) hours
pay at the established rate. This provision, however, shall not apply under conditions over
which the Employer has no control.
Section 11(a). Each Employer covered by this Agreement shall employ at least
one (1) Journeyman Sheet Metal Worker who is not a member of the firm on all work
specified in Article I of this agreement. However, it will be permissible for an
owner/member to be the Journeyman Sheet Metal Worker.
Section 11(b). The selection and appointment of Superintendent, General
Foreman and any other Foreman is solely the responsibility of the Employer. The
Employer agrees that there shall be a designated Foreman after six (6) employees are
employed on any given project. After sixteen (16) employees are employed on a given
project there will be two (2) Foreman. After twenty-four (24) employees on a given
project there will be three (3) Foreman and one (1) General Foreman. All
Foreman/General Foreman/ Superintendent will be licensed Journeyman Sheet Metal
Workers.
The foregoing are minimum standards;
6-1-2014through 6-30-2017
Foreman/Shop Foreman 107% of tax.
General Foreman 110% of tax.
Superintendent 113% of tax.
Should over thirty-one (31) employees be employed on one job site by one company or
one contractor, there shall be one Superintendent who will be a Journeyman Sheet Metal
Worker.
Foreman may perform Journeyman’s duties, if no more than seven (7) persons are under
the Foreman’s supervision in the crew. Non-working Foreman may perform layout and
handling of tools and materials.
18
Section 11(c). Each Employer employing six or more employees in the shop will
have a shop foreman, who will be a journeyman sheet metal worker. Shop Foreman's
rate of pay shall be seven percent (7%) per hour above journeyman minimum wages.
Section 11(d). Shop Foreman is a journeyman sheet metal worker who is in
charge of the employees in the shop. If shop foreman is absent for more than three (3)
days then another journeyman shall be paid shop foreman wages.
Section 11(e). Each Employer will notify the Business Representative who their
foremen are in the shop and on the job site.
Section 11(f). Any employee who is running from one job site to other job sites
or who is in charge of men on different jobs will not be considered as a foreman on any
of these jobs or job sites; the employee is not considered as working on one job or one
job site.
Section 11(g). A job site is a job where employees are working which can be in a
plant, new building or a group of new buildings as long as they are on one job site.
Employees can be in different parts of the plant or building but will be considered as
working on one job site.
Section 12(a). Effective as of the date of this Agreement the Employers will
contribute to the International Training Institute (ITI) for the Sheet Metal and Air
Conditioning Industry twelve cents (.12) per hour or an amount assessed by the trustees
for each hour worked by each employee of the employer covered by this Agreement.
Payment shall be made on or before the 15th day of the succeeding month and shall be
remitted to Brotherhood Bank & Trust, P.O. Box 412416, Kansas City, MO. 64141.
Section 12(b). Effective as of the date of this Agreement the employers will
contribute to the National Energy Management Institute Committee(NEMI), a jointly
administered trust fund, three cents (.03) per hour or an amount assessed by the trustees
for each hour worked by each employee of the Employer covered by this Agreement.
Payment shall be made on or before the 15th day of the succeeding month and shall be
remitted to Brotherhood Bank & Trust, P.O. Box 412416, Kansas City, MO. 64141.
Section 12(c).Effective as of the date of this Agreement the Employers will
contribute to the Sheet Metal Occupational Health Institute Trust(SMOHIT), two cents
(.02) per hour or an amount assessed by the trustees for each hour worked by each
employee of the employer covered by this Agreement until the Institute Trustees
determine that the trust is financially self-sufficient. Payment shall be made on or before
the 15th day of the succeeding month and shall be remitted to Brotherhood Bank & Trust,
P.O. Box 412416, Kansas City, MO. 64141.
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Section 12(d). The parties agree to be bound by the Agreement and Declaration
of Trusts establishing the International Training Institute (ITI) for the Sheet Metal and
Air Conditioning Industry, the National Energy Management Institute Committee
(NEMI), and the Sheet Metal Occupational Health Institute Trust (SMOHIT) and the
separate agreements and declarations of trusts of all other local or national programs to
which it has been agreed that contributions will be made. In addition, the parties agree to
be bound by any amendments to said trusts agreements as may be made from time to time
and hereby designate as their representatives on the Board of Trustees such trustees as are
named together with any successors who may be appointed pursuant to said agreements.
Section 12(e). The parties authorize the trustees of all national funds to
cooperatively established uniform collection procedures to provide for efficient and
effective operation of the various national trusts.
Section 13(a). Sheet Metal Workers’ Local No. 2 401(k) Plan (Sheet Metal
Workers' Local Union Number 77 Pension Fund): Each Employer agrees to pay the
same rate for each hour worked by the employees as listed in Article VIII Section 1 (C).
Payments to be made to Brotherhood Bank & Trust, P.O. Box 412416, Kansas City, MO.
64141.
Section 13(b). Each employer working under this agreement agrees to pay into
the 401(k) Plan for each hour worked by a journeyman and apprentice at the appropriate
rate covered in this bargaining agreement (the employee’s mandatory deferred savings
account). A participant may voluntarily change the amount of the tax deferred savings as
of January 1st and July 1st each year (with at least 21 days advance notice) in units of .50
cents, up to the maximum permitted by federal law each year. Such a change must
comply with the Internal Revenue Code nondiscrimination guidelines. Changes in
deductions as set out in this Agreement must be mutually agreed to by the Trustees of the
Sheet Metal Workers’ Local No. 2 401(K) Plan and the Sheet Metal Contractors
signatory to this agreement and SMART Local Union No. 2.
The Sheet Metal Workers’ Local No. 2 401(K) Plan shall be administered
pursuant to the Plan Document, Declaration of Trust dated July 1, 1998, and Agreement
and Plan of Merger & Transfer of the Sheet Metal Workers Local #77 Pension Plan and
Trust into the Sheet Metal Workers Local No. 2 401(k) Plan dated October 22, 2008.
Said Plan Document, Declaration of Trust, and Agreement shall be considered a part
hereof as if set forth in detail.
The monies paid and/or deducted shall be forwarded monthly to a financial
institution as selected by the Employer and the Union, along with all other fringe benefit
payments due under this Agreement.
Employers contributing to the Sheet Metal Workers’ Local No. 2 401(k) Plan
shall be responsible for forwarding all deductions from the employee’s wages to the
financial institution within the terms and conditions of the Plan and Trust Document and
20
shall comply with all federal and state law with regard to forwarding such deductions to
the Plan. In addition, employers are responsible for forwarding to the Plan each
employee’s compensation information required by the IRS for discrimination testing of
the Plan. Except as required by law, the employer shall not be deemed to be a Plan
administrator, or a fiduciary with respect to the Plan, unless they accept a position on the
Board of Trustees.
Except as otherwise allowed by the Board of Trustees of the Sheet Metal
Workers’ Local No. 2 401(k) Plan, certain employers shall be required to deposit and
maintain a surety bond to guarantee the prompt forwarding of employee deductions
required by this agreement. Employers that are subject to such bonding requirement
include those employers working under this bargaining agreement that are classified as
(1) delinquent contractors, (2) new contractors, or (3) out of town contractors. An
employer is considered a “delinquent contractor” the first month that the employer fails
to forward employee deductions within the terms and conditions of the Plan, the Trust
Document, this bargaining agreement, or federal or state law. Such employer will retain
“delinquent contractor” status and is required to fulfill and maintain the bonding
requirement until twelve (12) months after all required employee deductions are
forwarded and all applicable interest, costs, and damages are paid in full. An employer is
considered a “new contractor” for the first twelve (12) months after becoming a signatory
to this bargaining agreement. Such employer will retain “new contractor” status and is
required to fulfill and maintain the bonding requirement for the first twelve (12) months
of becoming a signatory to this bargaining agreement. An employer is considered an “out
of town contractor” if such employer is not located in the jurisdictional area of Local 2
and does not regularly perform services within the jurisdictional area of Local 2. Such
employer will retain “out of town contractor” status and is required to fulfill and maintain
the bonding requirement for all time periods in which such employer is not located in the
jurisdictional area of Local 2 and does not regularly perform services within jurisdictional
area of Local 2.
The bond shall be in a form satisfactory to the Board of Trustees and in an amount
of $__________/employee covered in this agreement. The bond shall guarantee payment
of all delinquent employee deductions, interest, liquidated damages, attorney’s fees, and
other costs of collection owed by the employer. The number of employees per employer
shall be based on the average number of employees reported to the Plan during the
preceding _____month period. The Board of Trustees shall have the authority to adjust
the bond amount or increase the bond required under this section if the employer is
delinquent _____ times in forwarding employee deductions or the Board of Trustees
determines that such increase is required to protect employees and ensure prompt
payment of employee deductions. In lieu of a security bond, an employer may, with
written permission of the Board of Trustees, deliver an irrevocable letter of credit or
deposit cash into an escrow account (in the same amount as required for the bond) under
the terms of which the escrow trustee will pay to the Plan such employee deductions
which the employer is determined to owe under this agreement. In the event an employer
fails to deposit and maintain said bond, letter of credit, or escrow account, the Union shall
21
have the right to enforce the bond requirement and payment of employee deductions by
whatever legal means (including, but not limited to, pulling men from the service of the
employer, or notifying other parties of the delinquencies) against delinquent employer
without resorting to any grievance procedure set forth in this or any other agreement;
however, in such event, the Union shall notify Sheet Metal Contractors signatory to this
agreement of such intent at least two working days prior to taking any such action.
Section 13(c). The Parties to this Agreement have adopted the NPF’s
Alternative Schedule as in effect when the Collective Bargaining Agreement is entered
into and as amended, as applicable. The Employer will contribute to the Sheet Metal
Workers' National Pension Fund at the hourly Contribution Rates set forth in this
Agreement, and in accordance with the Alternative Schedule and NPF’s Trust Document.
The Alternative Schedule and the NPF Trust Document are incorporated into this
Agreement and form a part of this Agreement. The Employer will pay its required
monthly NPF contributions on or before the 20th day of the month, after the month in
which Covered Employment was performed, via the Fund’s on-line reporting and
remittance system.
No additional accrual monies will be allocated for the duration of this agreement,
only monies to meet the needs of the Alternative Schedule.
Section 14(a). Working Assessment and Per Capita Check-off: The Employer
agrees to deduct working assessment and Per Capita from the wages of any employee
covered by the Agreement upon receipt of a dues deduction authorization card from the
employee. The employee shall give at least thirty (30) days advance written notice of
such termination to the Employer in advance of the contract date or the expiration of the
year period, or, the employee's dues deduction shall be deemed to automatically renew.
Payments to be made to Brotherhood Bank & Trust, P.O. Box 412416, Kansas City, MO.
64141 for supplemental dues.
Section 14(b). Training Fund: Each Employer agrees to pay as per schedule in
Article VIII Section 1 (C), for all hours worked by the Employees employed by them.
Payments to be made to Brotherhood Bank & Trust, P.O. Box 412416, Kansas City, MO.
64141.
Section 14(c). All Fringe Benefits, including Mo-Kan Health & Welfare Fund,
National Pension, National SMOHIT Fund, National Training, National NEMI Fund,
SMART Local No. 2 Supplemental Dues Fund, Local Pension Fund and Local Training
Fund payments shall be made by the 15th of the succeeding month. Fringe report forms
are available from SMART Local No. 2 office.
Section 14(d.). All Fringe benefits listed in this agreement shall be due the
fifteenth of the month following the month they were earned and delinquent after the
twentieth day of each month.
Section 15. The Employers doing work in the area covered by this Agreement
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and failing to pay Contributions as stipulated under Section 1(c) of Article VIII shall
suffer a work stoppage on all their jobs and in shops until proper payments have been
brought up to date, at no loss of pay to the men employed by them on their respective
jobs.
Section 16(a). If the Employer becomes delinquent in payment to said Funds, the
Union shall have the power to cancel this Agreement. The power of cancellation
notwithstanding, the Employer may cause this Agreement to be automatically reinstated
by becoming current with such Funds within a reasonable length of time; and in addition
by posting either a cash bond, a surety bond or an irrevocable “Letter of Credit” from a
financial institution, any of which should be in the amount of the following Schedule “ A
“ (reference Section 16(d)) for a period of one year to secure the payment of future
contributions due the respective Funds. Employer shall pay all regular wages lost by his
employees while this Agreement is cancelled and all fees as outlined below. Employer
shall pay all regular wages lost by his employees while this Agreement is cancelled and
all fees as outlined below.
Section 16(b). In addition to said surety, the Employer shall pay an additional ten
percent (10%) delinquent fee for the first month and five (5%) per month thereafter and
the Employer shall be liable to the particular Funds for any cost relating to the collection
of any delinquent monies due such Funds covered under this collective bargaining
agreement, including attorney fees.
Section 16(c). The Employer agrees to make available to the Union all records of
employees covered by this Agreement. The employer further agrees to retain all payroll
records including time cards for a period of three years.
Section 16(d). Thirty (30) days after execution of this Agreement by the parties
hereto, all Employers new to this Union's jurisdiction shall post either a cash surety bond
or irrevocable Letter of Credit from a financial institution in the minimum amount of the
following schedule for a period of one year naming: SMACNA and Local #2 Joint
Collection Committee, as oblige:
Schedule “A” on the bonding requirements are as follows:
0 to 2 employees $10,000.00 Bond
3to 15 employees $60,000.00 Bond
16 and over employees $120,000.00 Bond
Section 17. Liability Insurance under Workmen's Compensation Act. Each
member of the party of the first part shall carry Workmen's Compensation Insurance
under the State of Kansas Workmen's Compensation Act for all Employees, Sheet Metal
Journeymen, Apprentices and Applicants. Each member of the party of the first part shall
cover all Employees under the State of Kansas and Federal Unemployment
Compensation Act.
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ARTICLE IX
TOOLS AND SAFETY EQUIPMENT
Section 1(a). Journeymen, apprentice and pre-apprentice sheet metal workers
covered by this Agreement shall provide for themselves all necessary hand tools. This
will not construed to include power tools or recognized accessories and attachments, nor
will it include tools in excess of eighteen inches (18”) in any one dimension or Whitney
punches in excess of nine inches (9”) or items which are normally considered
expendable. The Union and the Employer agree to the following hand tools:
Tinners hammer 18 oz. Drift pin
Snips 1 left 1 right Awl
Center punch Combination square
Sheet metal tongs Screw driver 1 regular 1 Phillips
Vise grips 1 regular 1 c grips Cold chisel
Adjustable wrench Tape measure
7/16-3/4 end wrenches 1 pr. Dividers
Section 1(b). The Employer shall furnish all safety equipment such as welding
hoods, leathers, welding gloves, goggles, safety glasses, face shields and ear plugs, to
insure the protection and safety of the employee in the proper performance of his job,
hard hats with liners when required by rules of the Employer or applicable Federal and
State safety laws. The employer may implement safety program and/or training to insure
employee and co-worker safety.
Section 2(a). Journeymen, apprentice and pre-apprentice sheet metal workers
covered by this Agreement shall not be permitted or required as a condition of
employment to furnish the use of an automobile or other conveyance to transport men,
tools, equipment or materials from shop to job, job to job, or from job to shop; facilities
for such transportation to be provided by the Employer. This provision shall not restrict
the use of an automobile or other conveyance to transport it’s owner and personal tools
from home to shop or job at starting time or from shop or job to home at quitting time.
Section 2(b). All materials, devices, fixtures, equipment and tools used in the
construction of sheet metal work shall be handled, placed in position and connected by
members of Local #2. They shall also handle, unload and distribute all aforementioned
upon and after it’s arrival at the jobsite or premises. They shall also do the loading for
removal of any of the aforementioned. When materials, fixtures or equipment are
protected by covering during construction, such covering shall be put on and removed
and fixtures cleaned by members of Local #2.
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ARTICLE X GRIEVANCE AND JOINT ADJUSTMENT BOARD PROCEEDINGS
Section 1. Grievances of the Employer or the Union, arising out of interpretation
or enforcement of this Agreement, shall be settled between the Employer directly
involved and the duly authorized representative of the Union, if possible. Both parties
may participate in conferences through representatives of their choice. The local
employer or the local Union, on its own initiative, may submit grievances for
determination by the Board as provided in this Article. The grievance procedure set forth
in this Article applies only to labor-management disputes.
To be valid, grievances must be raised within thirty (30) calendar days following
the occurrence giving rise to the grievance, or, if the occurrence was not ascertainable,
within thirty (30) days of first knowledge of the facts giving rise to the grievance.
Section 2. Grievances not settled as provided in Section 1 of this Article, may be
appealed by either party to the Local Joint Adjustment Board where the work was
performed or in jurisdiction of the Employer’s home local and such Board shall meet
promptly on a date mutually agreeable to the members of the Board, but in no case more
than fourteen (14) calendar days following the request for it’s services, unless the time is
extended by mutual agreement of the parties or Local Joint Adjustment Board. The Board
shall consist of three (3) representatives of the Union (Local #2) and three (3) local
Employer representatives and both sides shall cast an equal number of votes at each
meeting. Except in deadlocks, a decision of a Local Joint Adjustment Board shall be final
and binding.
Notice of appeal to the Local Joint Adjustment Board shall be given within thirty
(30) days after termination of the procedures prescribed in Section 1 of this Article,
unless the time is extended by a mutual agreement of the parties.
Section 3. Grievances not disposed of under the procedure prescribed in Section 2
of this Article, because of a deadlock of failure of such Board to act, may be appealed
jointly or by either party to a Panel consisting of one (1) representative appointed by the
Labor Co-Chairman of the National Joint Adjustment Board and one (1) representative
appointed by the Management Co-Chairman of the National Joint Adjustment Board.
Appeals shall be mailed to the National Joint Adjustment Board.* Notice of appeal to the
Panel shall be given within thirty (30) days after termination of the procedures prescribed
in Section 2 of this Article. Such Panel shall meet promptly but in no event more than
fourteen (14) calendar days following receipt of such appeal, unless such time is extended
by mutual agreement of the Panel members. Except in case of deadlock, the decision of
the Panel shall be final and binding.
In establishing the grievance procedure of the Standard Form of Union
Agreement, it was the intent of The International Association of Sheet Metal, Air, Rail
and Transportation Workers’ Union and the Sheet Metal Air Conditioning Contractors’
National Association, Inc. to establish a method for resolving grievances permitting for
25
out-of-town Employers from grievance arbitration procedures established for the territory
in which the work is performed. An Employer who was not a party to the Labor
Agreement of the area in which the work in dispute is performed may appeal the decision
of the Local Joint Adjustment Board from the area, including a unanimous decision as
well as a decision of any alternative arbitration tribunal established for that area, and
request a Panel hearing as set forth in Section 3 of this Article, providing such appeal is
approved by the Co-Chairmen of the National Joint Adjustment Board. Such a right of
appeal shall exist despite any contrary provision in the agreement covering the area in
which the work is performed.
For the purpose of this Section, an Employer who is party to the Labor Agreement
of the area in which the work in dispute is performed, but has no permanent shop within
the area served by the Local Joint Adjustment Board that rendered the unanimous
decision, may also be entitled to appeal a deadlocked or unanimous Local Joint
Adjustment Board decision, and request a Panel hearing.
Section 4. Grievances not settled as provided in Section 3 of this Article may
appeal jointly or by either party to the National Joint Adjustment Board. Submissions
shall be made and decisions rendered under such procedures as may be prescribed by
such Board. Appeals to the National Joint Adjustment Board shall be submitted within
thirty (30) days after termination of the procedures described in Section 3 of this Article.
The Procedural Rules of the National Joint Adjustment Board are incorporated in this
Agreement as though set out in their entirety. (Copies of the procedures may be obtained
from the National Joint Adjustment Board.)*
Section 5. A Local Joint Adjustment Board, Panel and National Joint Adjustment
Board are empowered to rendered such decisions and grant such relief to either party as
they deem necessary and proper, including awards of damages or other compensation.
Section 6. In the event of non-compliance within thirty (30) calendar days
following the mailing of a decision of a Local Joint Adjustment Board, Panel of National
Joint Adjustment Board, a local party may enforce the award by any means including
proceedings in a court of competent jurisdiction in accord with applicable State or
Federal law. If the party seeking to enforce the award prevails in litigation, such party
shall be entitled to it’s costs and attorney’s fees in addition to such other relief as is
directed by the courts. Any party that unsuccessfully challenges the validity of an award
in a legal proceeding shall also be liable for the costs and attorney fees of the opposing
parties in the legal proceedings.
* All correspondence to the National Joint Adjustment Board shall be to the following
address:
National Joint Adjustment Board
P.O. Box 220956 Or 4201 LaFayette Center Drive
Chantilly, VA. 20153-0956 Chantilly, VA. 20151-1209
26
Section 7. Failure to exercise the right of appeal at any step thereof within the
time limit provided thereof shall void any right of appeal applicable to the facts and
remedies of the grievances involved. There shall be no cessation of work by strike or
lockout during the pendency of the procedures provided for in this Article. Except in case
of deadlock, the decision of the National Joint Adjustment Board shall be final and
binding.
Section 8. Not included in this agreement
Section 9. Employers not contributing to the industry Fund of the United States
(IFUS) will be assessed a fee to be determined periodically by the Administrator of the
National Joint Adjustment Board. Proceeds will be used to reimburse IFUS for costs of
arbitration under the provisions of Article X.
Section 10. In addition to the settlement of disputes provided for in Sections 1
through 7 of this Article, either party may invoke the services of the National Joint
Adjustment Board to resolve disputes over the initial establishment of terms for specialty
addenda, if the provisions of Article X have been adopted in their entirety, and without
modifications.
Such disputes may be submitted upon request of either party any time that local
negotiations for such an agreement have been unsuccessful. Such a dispute shall be
submitted to the National Joint Adjustment Board pursuant to the rules as established and
modified from time to time by said Board. The unanimous decision of said Board shall be
final and binding upon parties. There shall be no strike or lockout over such a dispute.
Section 11. In administrating and conducting dispute resolution activities under
the arbitration procedures of the Standard Form of Union Agreement, the National Joint
Adjustment Board, the International Association of Sheet Metal, Air, Rail and
Transportation Workers’ Union and the Sheet Metal Air Conditioning Contractors’
National Association, Inc. and their representatives, are functioning as arbitrators and not
as the representative of any entity that is party to such dispute. Therefore, they shall enjoy
all the rights, privileges and immunities afforded to arbitrators under applicable law.
ARTICLE XI
APPRENTICES
Section 1. All duly qualified apprentices shall be under the supervision and
control of a Joint Apprenticeship Training Committee composed of an equal number of
trustees, half of whom shall be selected by the Employers and half by the Union. There
shall be a minimum of six (6) trustees, with two additional alternate trustees (one from
labor and one from management) from Area #6. Said Joint Apprenticeship Training
Committee shall formulate and make operative such rules and regulations as they may
27
deem necessary and which do not conflict with the specific terms of this Agreement, to
govern eligibility, registration, education, transfer, wages, hours and working conditions
of duly qualified apprentices and the operation of an adequate apprentice system to meet
the needs and requirements of the trade. Said rules and regulations when formulated and
adopted by the parties hereto shall be recognized as part of this Agreement.
Section 2. The Joint Apprenticeship Training Committee designated herein shall
serve for the life of this Agreement, except that vacancies in said Joint Apprenticeship
Training Committee caused by resignation or otherwise, may be filled by either party
hereto and it is hereby mutually agreed by both parties hereto, that they will individually
and collectively cooperate to the extent that duly qualified apprentices be given every
opportunity to secure proper technical and practical education experience in the trade,
under the supervision of the Joint Apprenticeship Training Committee. The parties will
review the needs for specialized and skill-upgrade training and cooperate to establish
necessary programs which will then be supervised by the Joint Apprenticeship Training
Committee.
Section 3(a). It is the understanding of the parties to this Agreement that the
funds contributed by signatory Employers to the International Training Institute (ITI) and
the Local Joint Apprenticeship and Training Fund (Local JATC) will not be used to train
apprentices or journeymen who will be employed by Employers in the Sheet Metal
Industry not signatory to a collective bargaining agreement providing for contributions to
the ITI or JATC. Therefore, the trustees of the ITI and local JATC shall adopt and
implement a Scholarship Loan Agreement Program which will require apprentices and
journeymen employed by signatory Employers to repay the cost of training either by
service following training within the union sector of the industry or by actual repayment
of the cost of training if the individual goes to work for a non-signatory Employer in the
Sheet Metal Industry. The cost of training shall include the reasonable value of all ITI
and local JATC materials, facilities and personnel utilized in training. If a local JATC
does not implement the Scholarship Loan Agreement, the local JATC shall be prohibited
from utilizing ITI materials and programs.
Section 3(b). Sections 1, 2 and 3 of this Article authorizes the JATC to administer
an effective apprenticeship training program. Any work experience, as part of the
program, must be incurred within the authority of the JATC as established by this
Agreement. An apprentice cannot be utilized under the “Two Man Rule”, unless
previously arranged and agreed to by the local Union and the Local where said apprentice
would be traveling into, under no circumstance is traveling allowable if it interferes with
classroom training.
Section 4. Employers will be permitted to hire apprentices and pre-apprentices
with journeymen according to Appendix “A”
Section 5. All applicants for apprenticeship shall serve an apprenticeship of five
(5) years and such apprentices shall not be in charge of any work on any job and shall
work under the supervision of a journeyman until apprenticeship terms have been
28
completed and they have qualified as journeymen; except after notification to the
Business Manager or Representative(s) an apprentice in the last half of their third year
(sixth six-months of their apprenticeship) may work by themselves on a project in order
to gain self-confidence.
Section 6. Apprentices that have quit or been terminated by the Apprentice
Program may be replaced by the Apprentice Committee with the next available
Apprentice. If an Apprentice is not immediately available for replacement then the
Apprentice Committee may allow a pre-apprentice replace the Apprentice until an
Apprentice is available. This shall be at written request by the contractor with written
reply and approval by the Apprentice Committee.
Section 7. If current contractor levels of Appendix A entitle an Employer to an
apprentice and there are no apprentices available, a pre-apprentice may be hired. If
current contractor levels fall below Appendix A ratios the pre-apprentice shall be the first
laid off. Any Employer found by the Local Joint Adjustment Board to be misusing this
section and not employing apprentices, this employer will not be entitled to pre-
apprentices.
Section 8. The parties will establish on a local basis the SMART Youth to Youth
program (the program) and the procedures to enable all apprentices to participate in the
program. The activities of the program that deal with organizing and other traditional
union activities shall be funded by the Local Union through a check off in compliance
with the provisions of Section 302 (c) of the Labor Management Relations Act 1947.
Activities that may be funded by Employer contributions shall be so funded if, and to the
extent, the parties shall agree locally to sponsor and implement the same.
Section 9. The parties agree that career long skill upgrade training is necessary for
an effective workforce.
Section 10. A graduated wage scale for apprentices shall be established and
maintained on the following rates of pay
Section 11. Apprentices may be laid off in any order if the apprentice has less
than 18 months of employment with the contractor. After 18 months of service,
apprentices shall be laid off by seniority, last hired, first laid off, and layoff for cause
shall be according to Article 10 Grievance Procedure.
* SEE CHART
ARTICLE XII
PRE-APPRENTICES
Section 1. Pre-Apprentices shall be granted on the basis of the ratios spelled out
29
in Article XI Section 4.
In the event the Employer is entitled to employ a pre-apprentice, the Employer
may hire such employees and shall inform the Union Hall of the name, address, phone
number and social security number of such employees.
Pre-apprentices shall make application for future openings in the apprenticeship
program. The JATC shall evaluate the qualifications of the pre-apprentices for such
openings during the first year of employment. No pre-apprentice shall be retained beyond
twelve (12) months unless the pre-apprentice has been found to be qualified as an
applicant.
The wage scale for pre-apprentice shall be a minimum of thirty (35%) percent of
wage rate for journeymen sheet metal workers.
National Pension, SMOHIT, ITI and NEMI contributions will be paid on all hours
worked beginning with the first payroll period in the amount of 5% of Journeyman’s
contribution rate for National Pension, .02 an hour SMOHIT and .15 an hour for
ITI/NEMI for each hour worked on or after the effective date of this Agreement.
30
ARTICLE XIII
RECOGNITION, NEGOTIATIONS AND REOPENING
Recognition
The Employer recognizes that the National Labor Relations Board has conducted
an election at their place of business and the Employer’s employees have elected to have
the “union” to serve as their exclusive bargaining representative in respect to wages,
hours and other terms and condition of employment, on any and all work described in
Article I and Article II of this Agreement, pursuant to Section 9(a) of the National Labor
Relations Act.
Section 1(a). This Agreement and Addenda Numbers ARTICLE I through
ARTICLE XIII hereto shall become effective on the 1st day of July, 2014 and remain in
full force and effect until the 30th day of June, 2017 and shall continue in force from year
to year thereafter unless written notice of reopening is given not less than ninety (90)
days prior to the expiration date. In the event such notice of reopening is served, this
Agreement shall continue in force and effect until conferences relating hereto have been
terminated by either party, by written notice
Section 1(b). The Union agrees not to furnish sheet metal workers to any person,
firm or corporation who has not become signatory to and abides by this Agreement
except under an organizing effort.
Section 1(c). The Local Union agrees to furnish to the Employers a list of
persons, firms or corporations who become signatory to this local agreement.
Section 2. If, pursuant, to Federal or State law, any provision of this Agreement
shall be found by a court of competent jurisdiction to be void or unenforceable, all of the
other provisions of this Agreement shall remain in full force and effect. The parties agree
to meet and negotiate a substitute provision
Section 3. Notwithstanding any other provision of this Article, or any other
Article of this Agreement, whenever an amendment to the Standard Form of Union
Agreement shall be adopted by the National Joint Labor Relations Adjustment
Committee, any party to this Agreement, upon the service of notice to all other parties
hereto, shall have this Agreement reopened thirty(30) days thereafter, for the purpose of
attempting to negotiate such amendment or amendments into this Agreement for the
duration of the term hereof. There shall be no strike or lockout over this issue.
Section 4. The employer hereby agrees not to repudiate this Agreement during the
term of this Agreement or during the term of any extension, modification or amendment
to this Agreement. This Agreement may be reopened by mutual consent between the
Employer and the Union for the purpose of making specific alterations or deletions.
Section 5. Topeka Area Contractors and the SMART Local 2 are committed to
31
promoting productive and cooperative labor-management relations. In furtherance of this
goal the local Employers and the local Union agree to establish a labor-management
committee which shall meet on a regular basis, but not less often than quarterly, to
discuss industry issues of mutual concern. Such committee will strive to improve
communications, understand and respond to industry direction and trends, and resolve
common issues collaboratively; if parties agree to meet.
In witness whereof, the parties hereto affix their signatures and seal this
__________ day of________, 2014.
SMART Local #2
___________________________ _____________________________
Jim Huffman Jack Craver
Business Manager Custom Sheet Metal & Roofing, Inc.
___________________________ _____________________________
Mark Shughart Josh McHugh
Business Representative Kruse Corporation
___________________________ ____________________________
Greg Chastain Dan Beal
Business Representative McElroy’s, Inc.
_____________________________
Skip Cansler Mid-American Water & Plumbing
____________________________
Joe Pennington
Stevenson Co., Inc.
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Appendix A
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Total
Journeyman X X X X X X X X X X X X X X X X X X X X X X X 23
5th Yr Apprentice
n/a
Neutral - No max or min
1st - 4th Yr Appr
X X X X X X X X X X X X 12
Pre-Apprentice
X X X X X X X X X X X X X X X X X X X X X X X 23
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ADDENDUM #1
ARCHITECTURAL
Section 1. This Addendum #1 covers the rates of pay, rules and working
conditions of all Sheet Metal Worker bargaining unit employees of the Employer
engaged in the fabrication, handling, erection, installation, alteration, repairing, and
servicing of all ferrous or nonferrous metal work and all material used in lieu thereof of
those item set fourth in Section 2 of this Addendum. Any provision not covered by this
Addendum shall be covered by the Standard Form Agreement (as amended).
Section 2. Any and all types of architectural sheet metal work, siding, decking,
metal roofing, etc. including metal underlayment. And any other architectural sheet metal
work covered by the jurisdictional claims of the International Association of Sheet Metal,
Air, Rail and Transportation Workers’ Union Constitution and Ritual.
Section 2(a). The Employer agrees that none but Journeyman, Apprentices, Pre
Apprentices and Specialty Workers shall be employed on any job described in this
addendum.
Section 3(a). The work week, hours worked and holidays shall be the same as
spelled out in Article VI of the SFUA.
Section 3(b). Any project outside of a twenty (20) mile radius from the shop,
where two (2) hours or less of work remains to be completed, it shall not be a violation of
this Addendum for the employees to remain and complete the work at the regular rate of
pay, with over forty (40) hours being paid at one and one-half times the regular rate of
pay.
Section 4. The basic hourly rate of pay for a journeyman sheet metal worker
covered by this Addendum shall be one hundred percent (100%) of the journeyman rate
spelled out in the SFUA. Article VIII
Section 4(a). Apprentices and Pre Apprentices covered by this addendum shall be
paid on the same percentage and ratios as that spelled in Articles XI and XII of the
SFUA.
Section 4(b). Apprentices covered by this addendum shall be governed by local
Joint Apprentice Committee.
Section 5. Specialty Workers may be employed in the following ratio:
A. one (1) specialty worker for any Employer who employs an journeyman;
B. thereafter, the ratio will be one (1) specialty worker for each additional one(1)
apprentice or pre-apprentice employed.
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Section 5(a). Specialty workers may perform any work spelled out in this
addendum for which they are capable and will work under the general direction of a
qualified third year apprentice. The wage rate for a specialty worker will not be less than
forty percent (40%) of the journeyman wage rate. They shall be covered by the local
health and welfare plan. National pension contributions shall be the same percentage as
their wage rate.
Section 5(b). In the event the Employer is entitled to employ a specialty worker
and/or a pre-apprentice and the Union fails to comply with the Employers request to
furnish a specialty worker and/or pre-apprentice within forty eight (48) hours, the
Employer may directly hire such employees, and refer them to the Union.
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ADDENDUM # 2
SERVICE
Work in progress
ADDENDUM #4
RESIDENTIAL/ LIGHT COMMERCIAL
36
Section 1. This addendum cover the rates of pay, rules, and working conditions of
all employees of the employer engaged in fabrication, erection, installation, repairing,
replacing of all Residential/Light Commercial heating, ventilating and air conditioning
systems. Any provision not covered by this Addendum shall be covered by the Standard
Form of Union Agreement.
Section 2. Residential type construction shall be defined as applying to work on
any single-family dwelling or multiple family dwelling conditioned by a separate and
independent unit or system, excluding any Federally Funded Housing Project.
Section 3. Light Commercial type construction is here in defined as all work in
connection with the fabrication, erection, and the installation of all heating, ventilating,
and air conditioning systems for light commercial work limited to the following:
Churches, Nursing Homes, Convalescent Homes, where individual sleeping quarters are
individually heated and or cooled independently of one another. Also included in this
Residential/ Light Commercial scope of work shall be Gasoline Stations, and or
Convenience Stores, Strip-line shopping centers, Restaurants. This Addendum for the
Residential/ Light Commercial industry and shall only be used on HVAC projects having
a total job value of $150,000. Total value shall include all materials, equipment and labor
for any given project covered by this Addendum.
Section 4(a). The Employer agrees that none but Residential/Light Commercial
Sheet Metal Workers and Residential/ Light Commercial Trainees shall be employed on
any work described in this Addendum.
Section 4(b). Residential/ Light Commercial Workers or Trainees shall not be
used on any work not covered by this Addendum. Any Contractor found to be in
violation of this Addendum, shall be subject to the terms of Article 10 of the SFUA and
lose their right to the use this Addendum.
Section 4(c). Residential /Light Commercial workers shall be identified as such
by having that classification printed on the dues receipt.
Section 5. The regular work week, over time, and holidays for Residential/Light
Commercial Workers shall be the same as spelled out in Article VI of the Standard Form
of Union Agreement.
Section 6. Travel expenses for Residential/ Light Commercial Workers shall be
as spelled out in the Standard Form of Union Agreement Article VII and Addendum #3
Section 7(a). The minimum wage and fringe benefits for Residential/ Light
Commercial Journeymen covered by this Addendum shall be as follows:
1. Taxable Wage- $70% of Journeyman’s taxable wage
2. Health and welfare- $Mo-Kan
37
3. Local Pension- $ 1.79
4. SMOHIT- $ .02
5. NEMI- $ .03
6. ITI- $ .12
7. Local Training $ .30
Section7(b). If employees lacking experience and ability to do residential/light
commercial work are hired they shall be hired as a residential/light commercial trainee.
The following schedule is to be followed:
% of Journeyman’s Wage Hours 50% 1 - 1000
55% 1001 – 2000
60% 2001 - 3000
65% 3001 - 4000
Being understood that the training period is to be 4000 hours. At the of
completion of 4000 hours the trainees will be consider a residential/light commercial
journeyman.
Section 7(b). The fringe benefit package for trainees shall be, the same as that of
the Residential/ Light Commercial Journeyman
Section 7(c). All residential/ light commercial trainees will be required to attend a
training program that will be established for that purpose, by the local JATC.
Section 7(d). The ratio of Residential/ Light Commercial Journeymen to Trainees
shall be
1 to 1.
Section 8. All fund contributions that are to be paid under this addendum shall be
reported as per the SFUA.
Section 9. Any Building Trades Journeymen who agrees to work under this
Addendum shall have all his benefits paid as per the SFUA.
This Addendum signed this _________day of______________, 20___, shall
remain in full force and effect for the duration of the Standard Form of Union Agreement.
Contractor Name_______________ SMART Local #2
Signature ____________________ Signature_______________________
Date _____________________ Date___________________________
38
Letter of Understanding
Residential/Light Commercial
On such projects covered by Section 3 of this Addendum, so long as they are
individually heated and/or cooled, plus the dollar amount does not exceed the total
HVAC value of $150,000.00. The type of equipment used does not come into play.
On Section 4 (a) of this Addendum, Residential/Light Commercial, Journeymen
may be used on Commercial projects until enough of the market is recaptured to keep
these Journeymen employed. In such case the Employer shall pay the said Journeymen
the full Building and Trades Journeyman rate in accordance with the Standard form of
Union Agreement.
Pre-Apprentices covered under Article XII of the SFUA may be used under the
Residential/Light Commercial Addendum.
Date ________________________
_________________________________ _________________________________
SMART Local #2 Contractor Representative
39