View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

Contract Clauses In
Construction Agreements
U.S. Department of Labor
Bureau of Labor Statistics
1975
Bulletin 1864




U n ite d S t a t e s . Bureau o f Labor S t a t i s t i c s .
C o n tra c t c la u s e s in c o n s tr u c tio n ag reem en ts.
( B u lle tin - Bureau o f Labor S t a t i s t i c s ;
)
Companion v o l. to C h a r a c te r is tic s o f c o n s tr u c tio n
ag reem en ts, 1972-73.
1 . C o lle c tiv e la b o r a g reem en ts—C o n s tru c tio n in d u s tr y
—U n ite d S t a t e s . I . T i l l e r y , W inston L. I I . Adams,
L a rry . I I I . T i t l e . 17. S e r ie s : U n ite d S t a t e s .
B ureau o f Labor S t a t i s t i c s . B u lle tin ;
KF3 1+09. C65A87 3 ^ - ’ • 7 3 101890^9
75 -619078




Contract Clauses In
Construction Agreements
U.S. Department of Labor
John T. Dunlop, Secretary
Bureau of Labor Statistics
Julius Shiskin, Commissioner
1975
Bulletin 1864

For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, GPO Bookstores, or
BLS Regional Offices listed on inside back cover. Price $1.40
Make checks payable to Superintendent of Documents
Stock Number 029-001-01779-1
Class Number L 2.3:1834







Preface
This is the second of a two-part study of provisions in construction industry
collective bargaining agreements. For this study, agreements were selected to
represent a variety of construction crafts in large metropolitan areas. In the first
bulletin, the prevalence of selected provisions is presented in the form of tabula­
tions; analytical comments and illustrative clauses describing the tabulated pro­
visions are included in this bulletin. The agreements were selected in part from
the files of the Bureau’s Division of Industrial Relations and were supplemented
by agreements on file with the Construction Industry Wage Stabilization Committee,
whose cooperation and assistance in this study are gratefully acknowledged.
This bulletin was prepared in the Bureau’s Division of Industrial Relations by
Winston L. Tillery and Larry T. Adams under the direction of Leon E. Lunden,
Project Director.




Contents
Page
Introduction .
Parts:
I. Union security, management rights, and other noneconomic matters. .
II. Apprenticeship and training provisions
III. Hiring and referral provisions ...................
IV. Seasonality, safety and related provisions .
V. Provisions governing working conditions ........
VI. Hours, overtime and premium pay provisions .
VII. Wages and wage related provisions .
VIII. Paid and unpaid leave ....................
IX. Dispute settlement procedures .
X . Employee benefits .

v
1
7
11
17
21
30
35
41
46
50

Appendixes:
A. Identification of clauses .....................................................................................
B. Subject index of agreement provisions




67

Introduction
Traditionally, the construction industry has held
an important position in the national economy, ac­
counting for relatively large proportions of total em­
ployment as well as gross investment. The industry is
characterized by several factors which distinguish it
from other industries: Workers generally are highly
skilled; they are highly mobile between employers and
areas; unions are single craft rather than industrial,
and exercise considerable control over the labor
supply; many contracting firms are small and highly
specialized; and employment is subject to seasonal
factors and changing construction technologies.
The 769 agreements chosen for this study covered
1,213,317 workers, represented by 16 unions; most
remained in effect on or after January 1, 1973. This
coverage compares with an annual average of 3,521,0 0 0 workers employed in the construction industry
in 1972. Agreements were selected, to the extent they
were available, for 26 standard construction crafts
for each of the 66 largest Standard Metropolitan
Statistical Areas— that is, those SMSA’s having 1970
census populations of 500,000 or more. When two
agreements or more covered the same craft and
SMSA, the largest in terms of worker coverage was




used.
This bulletin presents an analysis of a variety of
provisions, together with illustrative clauses. Em­
phasis is on provisions peculiar to the construction
industry. Generally, statistical information is restricted
to aggregate data, or to point out provisions common
in agreements covering certain crafts. For more de­
tailed statistics, the reader should refer to the com­
panion bulletin, Characteristics of Construction Agree­
ments, 1972-73 (BLS Bulletin 1 8 1 9 ).1 The analysis
and illustrations presented represent only our under­
standing of the agreement language, and do not neces­
sarily reflect the views of the parties who negotiated
the provisions, or the actual practices at the jobsite.
In addition to preparing this bulletin, the Bureau’s
Office of Wages and Industrial Relations is expanding
its research on the construction industry with three
other studies. These include a study of work stop­
pages, an analysis of health and retirement plans,
and a survey of wage rates and selected fringe
benefits.
i One exception is made. The column entitled Contract Re­
opener Provisions in table 65 of the first bulletin is in error; the
corrected figures are given on page 37 of this study.




Part 1.




Union Security, Management Rights, and Other
Noneconomic Matters
Page
Union security provisions
Union shop
Modified union shop
Maintenance of membership .
Agency shop
Checkoff systems
Stew ards....................................
Pay for union business
“Superseniority”
Antidiscrimination c la u se s .................
Minority recruitment programs
Supervisors..............................................
Management r ig h ts ..............
Technological c h a n g e .........................................
Prohibition on restriction of productivity

2
2

5
6
6

Port I.

Union Security, Management Rights, and Other Noneconomic Matters

Union security provisions
The union’s role as an equal and responsible
partner in labor-management relations depends not
only on the support of the workers it represents, but
on the acceptance and support of management. Unions
seek to formalize this support through negotiating
strong union security clauses in their agreements. Of
the construction agreements surveyed, more than twothirds contained some form of union security pro­
vision.
The strongest form of union security, the union
shop, gained predominance following proscription by
the Taft-Hartley Act in 1947 of an even more power­
ful form of security, the closed shop. When workers
were no longer required to be members of a union
before they could be hired, organized labor made
greater use of the union shop.

Union shop. The most prevalent and also the strongest
legal union security arrangement, the union shop,
was found in 455 contracts. This type of clause re­
quires all employees to join the union within a
specified period of time after hiring, or the effective
date of the agreement, and to continue as
union
members as a condition of employment:2
(1)

The employer agrees that for the duration of
this agreement, he will require all employees
hired by him to be members, or to become mem­
bers of the union after the 7th day following the
beginning of their employment or the effective
date of this agreement, whichever is the later,
and to remain members thereafter, for the dura­
tion of their employment. Upon written notifi­
cation from the union an employee not in
compliance shall have his employment terminated
within 48 hours of such notification.

2 Because of the high mobility of construction workers, the
Labor Management Relations Act allows construction unions to
require union membership after 7 days, while stipulating a 30-day
period for other industries in the private sector.




(2)

Membership in the union shall be required
as a condition of continued employment of all
employees covered by this agreement on the 8th
day following the beginning of such employment
or the effective date of this agreement, which­
ever is later.

Modified union shop . Fewer than 7 percent of the
contracts surveyed contained a modified union shop
clause. While requiring all new workers to join and
remain members of the union, as a condition of em­
ployment, the modified union shop clause exempts
some workers from compulsory membership, usually
those workers hired before the effective date of the
agreement:

(3)

All employees who are members of the union
on the effective date of this agreement shall be
required to remain members of the union as a
condition of employment during the term of this
agreement. New employees shall be required to
become and remain members of the union as a
condition of employment from and after the
7th day following the date of their employment,
or the effective date of this agreement, whichever
is later.

Maintenance of membership. A few of the contracts
(less than 2 percent) included maintenance of mem­
bership clauses. This type of provision does not re­
quire the employee to join the union. However, those
workers who are union members when the contract
becomes effective, or join subsequently, must remain
members as a condition of employment for the term
of the agreement:

(4)

All employees covered by this agreement who
are members of the union on the effective date
of this agreement shall, as a condition of em­
ployment, maintain their membership in the union
during the terms of this agreement and all em­
ployees who become members of the union shall,
as a condition of employment, maintain their
membership in the union during the terms of

this agreement from and after the thirty-first day
following their employment or the effective date
of this agreement.

Agency shop. The union shop and other clauses re­
quiring union membership as a condition of employ­
ment are banned in States having so-called “right-towork” laws in effect, as permitted by section 14B
of the Taft-Hartley Act. Unions in these States may
seek to negotiate agency shop provisions requiring
nonmembers to pay a service fee as a substitute for
union dues.
As the union is required by law to represent all
members of the bargaining unit, a fee, usually equal
to regular dues, is justified by unions as payment for
services rendered. In some cases a State right-to-work
law has been interpreted to prohibit the agency shop.
Only a few of the agreements examined contained
such clauses:

(5)

In states in which the foregoing provisions
may not lawfully be enforced the following pro­
visions to the extent that they are lawful shall
apply. Each employee who would be required
to acquire or maintain membership in the union
if the foregoing union security provisions could
lawfully be enforced, and who fails voluntarily to
acquire or maintain membership in the union
shall be required as a condition of employment,
beginning on the eighth day following the begin­
ning of such employment or the effective date of
this agreement, whichever is later, to pay to the
union each month a service charge as a contri­
bution toward the administration of this contract
and the representation of such employees. The
service charge for the first month shall be in
an amount equal to 90 percent of the union’s
regular and usual initiation fee and dues, and for
each month thereafter in an amount equal to 90
percent of the regular and usual monthly dues.

Checkoff systems. Less prevalent than in most other
industries, 268 of 769 construction contracts provided
for a checkoff system, requiring the employer to
regularly deduct from the employees’ pay union dues
and, in some cases, initiation fees and other assess­
ments. This lower prevalence, to some degree, results
from the presence of marginal employers in the indus­
try who might delay forwarding checked off dues to
the union. For this reason, construction unions often
prefer their stewards or business agents to pick up
dues directly from members at the work site. To
initiate the withholdings, where checkoff provisions
exist, the employee must provide written authorization




to the employer. The checkoff system frees the union
of the burden of making individual collections at the
work location and reduces the risk to the employer of
losing the services of needed workers where union
membership or payment of union fees is a condition
of employment:

(6)

The employer will check off monthly dues,
assessments, initiation fees, and agency fees, if
any, as designated by the union on the basis of
individually-signed voluntary checkoff authori­
zation cards in form agreed to by the employer
and the union.

(7)

For the convenience of the union and its
members, each employer during the life of this
agreement and subject to all the provisions of
this section, shall deduct from the pay of those
employees in the bargaining unit who execute an
assignment and authorization in the form herein­
after provided, all union initiation fees and dues
levied in accordance with the constitution and
by-laws of the union.

Stewards
Provisions establishing the union’s right to have
a shop steward at the work location were con­
tained in about 86 percent of the agreements. Stew­
ards usually are appointed by the union business
agent or, occasionally, elected by the union members
at the jobsite. Often, only union members working at
the jobsite are eligible to be shop steward. In some
instances, provisions establish a ratio of stewards to
the work force:

(8)

The employer recognizes the right of the
union to select a working steward from among
the members of the union in accordance with
union procedure.

(9)

There shall be a steward on each job who
shall be appointed by the business representative
or elected by the men on the job. The steward
shall be allowed, on all jobs, to look after the
business of the union.

Pay for union business. Clauses providing company
pay for union duties performed by the shop steward
during working hours were found in 370 of the
agreements. While some allowed the steward to per­
form only those union tasks which could not be
handled during nonwork hours, many specified that
the steward would receive adequate time during work
hours to execute his responsibilities:

(10)

(11)

A steward shall be a working journeyman
appointed by the business manager or business
agent of the local union who shall, in addition
to his work as a journeyman, be permitted to
perform during working hours such of his union
duties as cannot be performed at other times.
The union agrees that such duties shall be per­
formed as expeditiously as possible and the
employer agrees to allow the steward a reasonable
amount of time for the performance of such
duties.
The business representative of the union shall,
after conferring with the employer, have the au­
thority to appoint a shop or job steward in any
shop, or on any job, and so notify the employer
in writing of appointment. He shall not be termi­
nated without approval of the business repre­
sentative or district council or local union. He
shall have ample time to perform the duties of
the steward pertaining to union affairs.

“Superseniority ” To insure continuity of representa­
tion and leadership, more than a third of the con­
tracts assigned union stewards a preferred status,
sometimes termed “superseniority,” in layoffs and,
less often, recalls to work.3 The steward usually must
be the last person to be laid off or terminated and the
first to be recalled, if the layoff is temporary, pro­
vided he is able to perform the required work:
(12)

A steward shall have top seniority for the job,
garage or plant at which he works regardless of
his position on the seniority list prior to his ap­
pointment for as long as he remains a steward
and shall be the last man laid off, provided he
can do the available work.

(13)

The shop steward shall be granted superseniority for all purposes, including layoff and
rehiring.

Antidiscrimination clauses
Discrimination in hiring, referrals or administra­
tion of the contract was prohibited in 593 agree­
ments. In addition to banning discrimination on the
s Seniority systems, in which preferential status for promo­
tions, protection from layoffs, etc., is assigned to individual
workers based on length of service with the company, are seldom
used in the construction industry, although many agreements
establish group ranking systems based on service and place of
residence for preference in hiring. An exception is found in
Teamster agreements in construction, which often establish sen­
iority systems.




basis of union affiliation, race, religion or national
origin, some contracts barred bias as a result of age
or sex:

(14)

Neither party will discriminate against any
person with regard to employment or union mem­
bership because of race, religion, color, sex, age,
national origin or ancestry. This provision shall
apply to hiring, placement for employment, train­
ing during employment, rates of pay, or other
forms of compensation and benefits, selection for
training, including apprenticeship, layoff or ter­
mination and application for admission to union
membership.

(15)

Selection of applicants for referral to jobs
pursuant to this agreement shall be on a nondiscriminatory basis and shall not be based on,
or in any way affected by, union membership,
by-laws, rules, regulations, constitutional provi­
sions, or any other aspect or obligation of union
membership, policies or requirements.

Minority recruitment programs. As a means of pro­
viding equity in hiring and acceptance into apprentice­
ship programs, a few contracts, 48 of 769, provided
for minority recruitment programs:

(16)

The union will take affirmative action in
order to implement the Federal Government
policy of equal employment opportunity and to
follow the guidelines set forth in Executive Order
No. 11246, and will establish a source of re­
cruitment for job applicants by contacting recog­
nized representatives of minority groups in this
State in order to obtain applicants from such
groups.

Supervisors4
The degree of supervision necessary for safe and
efficient work operations varies with, among other
factors, the craft, the number of workers at the jobsite, the number of separate work areas at the work­
site, and the need for communication and coordina­
tion between individual work groups. Unlike in most
other industries, the construction worker supervisor
is generally a member of the bargaining unit and
often is not a permanent employee of the contractor.
While the factors vary from one location to another,
4 All Federal publications are now required to avoid words
that suggest sex-stereotyping. Accordingly, the term “supervisor”
is substituted for “foreman.” Similar changes appear elsewhere
in the study. The actual agreement language has not been
changed.

497 of 769 contracts (65 percent) contain clauses re­
quiring a supervisor (or worker paid at the supervisor
rate) on the job when the number of workers exceeds
a specified minimum level. In 239 of the surveyed
agreements the minimum number of workers requiring
a supervisor was 1 or 2:

(17)

On any job requiring four or more journey­
men, one shall be designated as foreman by
the employer.

(18)

A craft foreman shall be employed by the
employer where fifteen or more employees in the
bargaining unit are employed.

Provisions for additional supervisors to be assigned
to the worksite on the basis of a specified supervisor/
worker ratio were found in 189 agreements. These
ratios varied from 2:1 to 30:1 , with 10:1 the most
common:

other areas of the contract may restrict or modify
issues specified as a sovereign management area.
For example, a clause establishing management’s right
to decide the source of materials and equipment may
be circumscribed by another clause prohibiting the
use of imported materials and tools.
A complete listing of the rights reserved to man­
agement would tend to be impossibly long, and even
then could not cover unforeseen or unique circum­
stances; a predominant strategy, therefore, is to in­
clude a statement that all rights not specifically
modified by the contract are residual in nature and,
as such, are retained as exclusive management func­
tions.
Some contracts include specific listings of those
functions reserved to management:

When three or more employees covered by
this agreement are employed on any job, there
must be a foreman employed who shall be
selected from the employees regularly employed
within the geographical territory of [the union].
There shall be a foreman employed for each
10 employees covered by this agreement, exclud­
ing the foreman, and all such foremen shall be
selected from the employees regularly employed
within the geographical territory of [the union].
When there is more than 1 foreman on the
job, one of the foremen will be classified and
paid as a general foreman.

The management of the business and the
direction of the working forces, including the
right to hire, layoff, promote, suspend or demote,
discipline or discharge for just cause, and to issue
and enforce company rules, are vested in the
employer, subject to the provisions of this agree­
ment. The employer will not, however, use the
provisions of this article for the purpose of dis­
crimination against any employee, or to avoid
or evade the provisions of this agreement.

(21)

The employer shall manage the business and
direct the working force directly or through an
employed supervisor. The supervisor is to be
directed solely by management. Management of
the business includes the right to plan, direct and
control all operations, to hire, to assign em­
ployees to work, transfer employees from one
project to another, adjust the working personnel
to the work load on the respective project, to
promote, demote, to discipline or discharge em­
ployees for proper cause. Management shall have
the right to relieve employees because of lack of
work or any other justified reasons, and to in­
troduce new or improved methods or equipment
to conduct the work or to change existing me­
thods and the right to enforce new methods and
rules that will assist to carry out the functions
of management.

(22)

(19)

(12)

In the exercise of the functions of manage­
ment, the contractor shall have the right to plan,
direct and control operations of all its work, hire
employees, direct the working forces in the field,
assign employees to their jobs, discharge, sus­
pend or discipline, transfer, promote or demote
employees, lay off employees because of lack
of work or for other legitimate reasons, require
employees to observe the contractor’s rules and
regulations not inconsistent with this agreement,

Approximately 4 0 percent of the agreements re­
ferred to a general supervisor, often when the number
of supervisors or the total number of workers at a
work location exceeded a specified level. These
clauses were most prevalent in the carpentry and
plumbing crafts:

(20)

On any one job where 25 or more iron
workers are employed or more than three fore­
men are employed, the fourth foreman shall be
a general foreman and receive 25* per hour more
than foremen.

Management rights
A management rights clause appeared in only
about 17 percent of the contracts— a smaller propor­
tion than in most other industries. This type of clause
defines, or in general refers to, those functions re­
served for unilateral management action. However,




regulate the use of equipment and other property
of the contractor, decide the amount of equip­
ment used and number of men needed, subject to
the provisions of this agreement, and shall be free
to contract work anywhere and decide the source
from which materials and equipment are ob­
tained provided, however, that the contractors
will not use their rights for the purpose of dis­
crimination against any employee.
Some agreements provide for the employer to re­
tain the sole right to manage in all areas not speci­
fically limited by their content:

(23)

(24)

Except as otherwise specifically provided
herein all management rights and prerogatives of
every kind and nature generally recognized or
practiced in the construction industry are hereby
fully reserved to the employer. The foregoing
include but are not limited to the management
of all operations and the direction of the work
force, the right to hire, the right to discipline or
discharge, the right to decide employee qualifica­
tions except for the steward . . . the right to lay
off for lack of work or other reasons, the right
to discontinue jobs, the right to make rules and
regulations governing conduct, sobriety and safety,
the right to determine reasonable schedules of
work, the right to determine and direct points
of ingress and egress to all or any part of the job
and/or work site, all of which are vested ex­
clusively in the employer. The employer in ex­
ercising these functions will not discriminate
against any employee because of his membership
or nonmembership in the union.
Except only as specifically limited by this
agreement, management by the employer, the
direction of the working forces and the main­
tenance of discipline and efficiency of employees
are the sole, complete and exclusive rights and
responsibilities of the employer.

Technological change. Of the 769 contracts surveyed,
249 contain a union-management cooperation clause
dealing specifically with technological change.
The willingness with which either management or
the union will espouse a clause of this nature is gen­
erally a function of their own self-interest. Manage­
ment, on the one hand, profits directly from an in­
crease in production or a decrease in cost. The




union and its members, however, may view the new
technology as a threat to employment opportunities;
any increased wages and benefits resulting from
greater efficiency will then go to fewer employees.
The union is then faced with a conflict— recognizing
both the need for more efficient technology and for
ameliorating the adverse employment effect suffered
by its members. In many cases however, the reduction
of employment opportunities brought on by more ad­
vanced technology is offset by the general growth of
the industry or firm involved. In the construction in­
dustry, union resistance to more efficient technology
has been lessened by growing competition from non­
union contractors.
Of those contracts having such a clause, most were
brief:

(25)

There shall be no restrictions as to the use
of machinery, tools, or appliances.

(26)

There shall be no limit on production of
workmen, nor shall the employers be hindered
or prevented in using any type or quantity of
machinery, tools or appliances.

(27)

There shall be no restriction of the use of
machinery or tools.

Prohibition on restriction of productivity. Limiting or
restricting worker productivity was prohibited in 309
agreements. Most prevalent in the asbestos and ironworking trades, these clauses, similar to those which
bar resistance to technological change, generally
state that the union will not place limitations on the
amount of work performed:

(28)

The amount of work that a member of the
union may perform shall not be restricted by the
union, nor by the representatives, officers or
members of the union, nor shall the use of ma­
chinery, tools, appliances or method be restricted
or interfered with. It is understood and agreed
that where such tools and equipment are used
to perform work previously performed by jour­
neymen sheet metal workers and registered ap­
prentices, such tools and equipment shall be
operated by journeymen sheet metal workers and
registered apprentices.

Part II.

Page
A pprenticeships........................................................................................................
Apprenticeship f u n d ..............................................................................................
Admission standards..............
Apprentice/journeyman ratio
Length of apprenticeship . . . .
On-the-job train in g.....................................................................................................

8
8
00 os os




Apprenticeship and Training Provisions

10

rules and regulations providing for an arbitration
procedure in the event of a deadlock between the
members of said committee concerning any issue
before them.

Apprenticeships
The apprenticeship method of combining formal
classroom training with personal instruction and su­
pervision by a journeyman has long been practiced
in the construction trades. Apprenticeship programs
provide skilled workers to replace retired or super­
annuated workers as well as to satisfy additional man­
power needs resulting from industry growth and tech­
nological change. Nearly all agreements covering apprenticeable crafts include apprenticeship provisions.5
The apprenticeship programs usually are admin­
istered by local joint apprenticeship committees
(J A C ), with management and the union equally rep­
resented. In addition to determining the formal educa­
tion curriculum and a program for on-the-job train­
ing, the JAC may establish acceptance and retention
standards as well as maintain control of funds allo­
cated to the program. Slightly less than 60 percent of
the agreements referred to an apprenticeship com­
mittee:

(29)

All duly qualified apprentices shall be under
the supervision and control of a Joint Appren­
tice Committee composed of 8 members, 4 of
whom shall be selected by the employer, and 4
by the union. Said Joint Apprentice Committee
shall formulate and make operative such rules
and regulations as they may 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. It is further provided
that said Joint Apprentice Committee shall im­
mediately upon the first meeting after the adop­
tion of this agreement set up a complete set of

s The apprenticeship method of craft training is not adapt­
able to some construction trades. N o apprenticeship clauses were
found in the Teamsters and Laborers contracts studied.




Apprenticeship fund . The cost of administration,
books, tools, supplies and other apprenticeship train­
ing expenses generally are borne by the employer
through contributions to an apprenticeship fund. Such
funds were established in 485 of the agreements
analyzed.
The amount of each employer’s contribution is
most often calculated at a flat rate in cents per hour,
multiplied by the total number of employee hours:
(30)

The expenses necessary for the successful
operation and administration of the Joint Ap­
prenticeship Committee and Training Program
shall be derived from a contribution by each
employer under this agreement of $.015 per each
hour worked by each employee.

(31)

The employer shall pay into an Apprentice
Fund established in accordance with the under­
standings and agreements between the parties
hereto, the sum of 0.7 percent of wages for each
hour for which payment of wages or guaranteed
compensation has been made to every operating
engineer, oiler and apprentice engineer employed
by the employer.

Admission standards. Prerequisites for acceptance into
an apprenticeship program were named in only 14
percent of the agreements having apprenticeship pro­
visions, but in nearly all those concerning the sheet
metal craft.6 While only a few listed educational re­
quirements, most included both a minimum and a
maximum entry age:

(32)

The basic qualifications for training in the
Bricklayers Apprenticeship and Training Program
are:

6 Prerequisites also are established by some of the inter­
national unions in their constitutions.

more than 5 apprentices. In no case shall there be
more than 10 apprentices in any one shop.

(1) High school graduate or equivalent.
(2) Applicants for apprenticeship must be at
least 17 years old, and not over 26 years of age,
as exempted by the Pennsylvania Human Rela­
tions Commission.
(3) Applicants must be American citizens,
or in the process of naturalization.
(33)

Apprenticeship applicants, before being ac­
cepted as apprentices must be able to meet the
following requirements:
(1) Recruitment procedures will be in com­
pliance with section 296 of the Executive Law of
the State of New York and section 811 of the
New York State Labor Law.
(2) They shall be American citizens.
(3) No one shall begin his apprenticeship
before his 17th birthday or after his 22nd birth­
day except by special dispensation of the ap­
prenticeship committee. Preference may be given
to veterans qualifying under Public Law 346 or
Public Law 550.
(4) Applicants shall fill in the application
form furnished by the committee, and it, to­
gether with a record of their school work, shall
constitute their applications.
(5) All apprentice applicants must furnish
a doctor’s certificate attesting that they are
physically fit for the work of the trade.
(6) All apprentice applicants must be high
school graduates or submit diplomas of same
equivalence.
(7) Applicants must be a resident of Brook­
lyn or Queens for the one year preceding the
date of application.

Apprentice/ journeyman ratio. While the number of
apprentices allowed under an agreement is primarily
a reflection of projected manpower requirements, the
level may be limited by available training facilities,
the complexity of the craft to be learned, and the
degree to which the parties see the need to increase
the skilled labor supply. More than half the agree­
ments established the permissible number of appren­
tices, usually as a ratio of journeymen to apprentices.
Ratios from 3:1 to 5:1 were most prevalent. While
most of the provisions placed limits on the maximum
number of apprentices allowed, some established a
minimum:

(34)

Each employer shall be allowed 1 apprentice
for 1 or more journeymen employed steadily . . .
An additional apprentice for every 4 journey­
men steadily employed will be allowed. In no
case, however, shall any employer be entitled to




(35)

An employer shall employ only indentured
apprentices secured from the committee. The
committee shall allow each qualified employer a
ratio of one apprentice to three journeymen, but
only when indentured apprentices are available.
Such ratio shall not be exceeded on any job.
(This does not prevent one apprentice from
working on a job when there are less than the
maximum ratio of journeymen on that job.)

(36)

Any individual employer employing 5 jour­
neymen, shall while employing 5 journeymen,
also employ at least 1 apprentice. For each ad­
ditional 10 journeymen then in his employ, he
shall employ at least 1 additional apprentice.

A few clauses establish no ratio but require the
employer to hire an apprentice when a specified
number of journeymen are employed:

(32)

Whereas it is imperative that the apprentice
program function properly, when apprentices
are unemployed, every contractor in signed agree­
ment with Bricklayers’ Local No. 2, Pa. is obli­
gated to hire an apprentice for any job carrying
8 or more bricklayer journeymen.

Length of apprenticeship. Most of the contracts with
apprenticeship provisions, about 9 out of 10, specify
the minimum time to be spent as an apprentice before
reaching journeyman status. The length of time may
correlate with the technical difficulty of the craft to
be learned. In addition, while a particular craft may
be less difficult to learn than another, the training
period may be longer to allow the apprentice sufficient
time to experience all required work operations. The
3- and 4-year apprenticeship periods are the most
common periods in the construction industry. The
apprenticeship period is most often defined in terms
of time required to reach the journeyman rate of pay:

(37)

Apprentices of the above classification shall
receive the per cent of journeyman’s wages as
follows:
1st
2nd
2nd
3rd
4th
5th
6th
7th
8th

500
500
1000
1000
1000
1000
1000
1000
1000

hours.......................................... 65%
hours...........................................70%
hours........................................... 75%
hours........................................... 771
/a%
hours...........................................80%
hours...........................................82V2%
hours...........................................85%
hours...........................................87V2 %
hours...........................................90%

(38)

Apprentices.

surveyed agreements:

Starting rate....................60% of Finisher’s wage
There has been created a Carpenters’ Joint
After 6 months..................65% of
Finisher’swage (39)
Advanced Training Program for the purpose of
Finisher’swage
After 1 y e a r ......................70% of
After iy 2 years ............... 80% of
Finisher’swage
training carpenters in subjects related to the
Finisher’swage
After 2 years ................... 85% of
trade. In order to finance this educational pro­
After 2 V2 ye a rs..................95% of
Finisher’swage
gram for carpenters, 15 percent of all monies
At the end of 3 years and
collected under this contract by way of employer
after examination ..... 100% of Finisher’s wage

contributions, on and after June 1, 1970, to the
Industry Advancement Fund, shall be remitted to
the Carpenters’ Joint Advanced Training Pro­
gram, and allocated at least quarterly to the
jointly administered fund. Said monies shall be
used for expenses of this program as approved
by the Carpenters’ Joint Training Committee.

On-the-Job training
Training funds and on-the-job training programs
often are provided to train or retrain journeymen for
new or modified processes, tools and materials. The
laborer’s craft, which is not an apprenticeable trade,
provides for training funds or on-the-job training in
28 of the 51 surveyed agreements. A n OJT or train­
ing fund clause appears in over 2 0 percent of the




(40)

Each employer agrees to pay five cents per
hour worked by each employee covered by
the terms of this agreement to a training fund
known as “Massachusetts Laborers’ Training
Trust Fund.”




Part III.

Hiring and Referral Provisions
Page

Hiring and referral practices .
Advance notice of p r o je c t............
Pre-job conference . . .
Referral sy ste m s..............................................
Group ra n k in g ...................................................
First-in, first-out m e th o d ................................
Employer request for specific employee .
Preference in hiring local resid en ts...............
Source of h ir in g .............................................................
Employer’s right to reject a p p lic a n t......................
Employer’s right to retain key w o r k e r s ...................
Short-term job c la u s e s .........................................................................................................
Penalty for violation of referral r u le s ..............................................................................
Prehiring ex a m in a tion s......................................................................................................
Older w ork ers........................................................................................................................

12
12
12
13
13
13
14
14
14
14
15
15
15
15
16

Hiring and referral practices
The hiring practices in the construction trades
result from labor market conditions peculiar to the
industry. Because of the inherent seasonality of the
construction industry and the relatively short dura­
tion of individual construction projects, demand for
specialized crafts is sporadic, generally resulting in
short job tenure. The high degree of labor mobility
and the large number of employers encourage cen­
tralization of the employment function through the
hiring hall. The hiring hall maintains a register of
workers seeking employment from which applicants
are selected (by methods to be discussed later) and
referred to employers requesting workers. This sim­
plifies the employment process as the workers do not
have to “make the rounds” of prospective employers
and the employers do not have to individually solicit
prospective employees or carry a large work force.
Prior to the Taft-Hartley A ct of 1947, the unioncontrolled hiring halls in the construction industry,
commonly requiring union membership as a condi­
tion for referral, operated unaffected by Federal
statutes. The National Labor Relations A ct (N L R A )
of 1935 allowed the union and the employer to re­
quire union membership as a condition of employ­
ment, although the National Labor Relations Board
(N L R B ) in administering the act did not, at that
time, accept jurisdiction over the construction indus­
try, on the grounds that it was local in character.
The Taft-Hartley Act, which amended the N LR A
in 1947, prohibited discrimination in hiring because
of union affiliation. This amendment, together with
the extension of NLRB jurisdiction over the construc­
tion industry, proscribed the closed shop as it re­
quired union membership prior to hiring. However,
as Taft-Hartley did not deal specifically with the
issue of hiring halls or the union role in the procure­
ment of personnel, the status of these areas remained
unclear and in a state of flux until the passage of the
Landrum-Griffin Act of 1959. A section of this act,




amending the NLR A , specifically allows an employer
in the construction industry to contract with a union
for the provision of job applicants. The amendment
also permits the hiring hall to give preference to ap­
plicants based on experience, residence or special
training. A t this time, then, hiring halls are legal
provided the contract clause is not discriminatory on
its face and there exists no discrimination in practice.

Advance notice of project
As a preliminary to actual hiring, many agree­
ments (218 of 7 6 9 ) require the contractor to notify
the union of each new project in advance of the
starting date. The notification may consist solely of
the date or include other relevant data, such as the
number of workers required and the location. The
advance period is usually short:

(2)

Each employer shall be required to advise
the union two days in advance of the commence­
ment of any job.

(41)

Whenever a contractor decides to obtain
journeymen pipefitters from the union on any
job, he shall notify the local office, either in
writing or by telephone, stating the location,
starting time, approximate duration of the job,
the type of work to be performed and the number
of workmen required.

(42)

The employer shall notify the union in the
area in which any job is performed, 48 hours
prior to the commencement of any new job and
approximately how many lathers will be employed
on that job.

Pre-job conference
About 15 percent of the contracts surveyed pro­
vide for a pre-job union-contractor conference. A few
clauses specified a mandatory meeting if the dollar

honored, and persons possessing such skills and
abilities shall be referred in the order in which
their names appear on the open employment list.
(d) In the best interests of the industry and
to maintain a pool of learners, requests by em­
ployers for applicants who are to be employed
as oilers and greasers and are sons or sons-in-law
of management, or college students (seeking
summer employment only) shall be honored
without regard to the requested applicant’s place
on the open employment list.
(e) Except in the case of applicants referred
pursuant to sub-paragraphs (a), (b), (c) and
(d) of this section, applicants (including oilers
and greasers) shall be referred as follows:
(i) Applicants who have worked in the State of
Minnesota in the categories of employment
covered by this agreement for an aggregate
time of 2000 hours or more immediately
preceding registration, shall constitute Group
A. Applicants shall be referred from Group
A in the order in which their names appear
on the open employment list until Group A
has been exhausted.
(ii) Applicants who have worked in the State of
Minnesota in the categories covered by this
agreement for an aggregate time of more
than 500 but less than 2000 hours, during
the period of three years immediately pre­
ceding registration, shall constitute Group B.
After Group A has been exhausted, appli­
cants from Group B shall be referred in
successive order as their names appear on
the open employment list until Group B has
been exhausted.
(iii) All applicants not in Group A or Group B
shall constitute Group C. When Group A
and Group B have been exhausted, appli­
cants from Group C shall be referred in
successive order as their names appear on
the open employment list.

value of the project exceeded a certain amount, or if
the contractor was not permanently based in the local
union jurisdiction. In some cases a conference was
required if the number of workers requested was
above a specified number. Some clauses did not
specify conditions making a pre-job conference man­
datory, but permitted either party to request the joint
session:
(31)

The employer shall notify the union of every
job awarded to him and a job conference shall
be held prior to starting work. This shall only
apply to contracts over $1,000,000. On jobs
under $1,000,000, with special conditions, the
union may request, through the appropriate as­
sociation, a job conference.

(43)

Pre-Job— It is agreed that upon the request
of either party a pre-job conference shall be held
prior to commencing work.

Referral systems
While reference to a union referral service was
found in about 64 percent of the surveyed agreements,
only 35 percent specifically outlined rules governing
the order of referrals.

Group ranking. The most prevalent referral method
is the group ranking system. This procedure is de­
signed to provide preferential treatment to workers
having local working experience, a specified type or
level of skill or training, or other characteristics deem­
ed relevant. After dividing applicants into groups, the
workers in the first group are referred before sending
out workers in the next group. Within a group, appli­
cants are usually referred on a first-in, first-out basis:
(44)

The union shall refer to an employer only
those applicants whose names appear on the open
employment list. The following principles shall
prevail in the referral of applicants:
(a) Requests by employers for master machanics shall be honored without regard to the
requested man’s place on the open employment
list.
(b) Requests by employers for particular ap­
plicants previously employed as engineers by the
employer in the State of Minnesota within a
period of five years immediately preceding the
request shall be honored without regard to the
requested man’s place on the open employment
list.
(c) Bonafide requests by employers for ap­
plicants with special skills and abilities shall be




First-in, first-out method. Many contracts provide for
the first-in, first-out referral system. Under this
method all qualified applicants are placed on the
referral list in the order of their registration. The
applicants are then referred in the same order:7
(45)

Each local union shall establish and maintain
open and non-discriminatory employment lists for
use of plasterers desiring employment on work
covered by this agreement within the labor mar­
ket area. A plasterer’s name shall be entered on
said list after he has presented himself to the

7 This is the general practice, even though not specified, for
groups of relatively homogenous workers.

union office in the labor market area and pre­
sented satisfactory evidence of having had a
minimum of 4 years’ experience in the plastering
trade or having successfully completed an ap­
proved apprenticeship training program. Plas­
terers who so qualify shall have their names
entered on the list in the order in which they
present themselves for registration.

Employer request for specific employee. Provisions
allowing the employer to request a specific applicant,
by name, for employment occur in 203 agreements.
These clauses often limit the employer’s choice to
former employees who have been laid off or termi­
nated within a specified period prior to the request:
(46)

The appropriate local union will furnish. . .
workmen specifically requested by name who
have been laid off or terminated in the geographic
area of the appropriate local union having work
and area jurisdiction within one year before
such request by a requesting individual employer
or individual employer members of a registered
joint venture now desiring to re-employ the same
workmen in the same area, provided they are
available for employment.

Preference in hiring local residents. About one in four
contracts stipulated local residency as a preferential
factor in determining the order of referral. While some
of these provisions establish a minimum ratio of
local workers to total workers for all contractors
working in the union’s geographical area, others apply
only to contractors from outside the local union juris­
diction or to local contractors performing work in
another area:
(47)

The first 5 men, including the pusher (assist­
ant foreman), shall be national transient boiler­
makers and the next 5 shall be local boilermakers,
if available and qualified.
Additional employees shall be equally na­
tional transient boilermakers and local boiler­
makers as long as possible to maintain this ratio.

(48)

When engaged in work outside the geographi­
cal jurisdiction of this agreement, the said con­
tractors agree, subject to their rights to reject any
applicant for cause, that not less than 75 percent
of the men employed on such work will be resi­
dents of the area where the work is performed,
or who are customarily employed a greater per­
centage of their time in such area, and further
provided that these men are qualified to meet
the job requirements. Signatories to this agree­
ment, agree to abide by all working conditions
in the locality where they are performing work.




Source of hiring
Most contracts specify to what extent the employer
must rely on the union hiring hall for referrals. Of
the 492 agreements having a clause delineating the
relationship, 102 require the employer to secure all
workers through the union, with 310 further stipu­
lating that the employer might hire from other
sources if the union could not supply the requested
workers within a stated period of time. Sometimes,
particularly under IBEW agreements, workers hired
through nonunion channels were to be replaced by
referrals from the hiring hall once they were avail­
able. The union was accorded an equal opportunity
with other sources to supply workers in 80 agree­
ments:
(49)

Whenever desiring to employ workmen, the
employer shall call upon the union or its agent
for any such workmen as the employer may,
from time to time, need and the union or its
agent shall refer such workmen from the open
employment list.
(50)
If the registration list is exhausted and the
union is unable to refer applicants for employ­
ment to the employer within 48 hours from the
time of receiving the employer’s request, Satur­
days, Sundays, and holidays excepted, the em­
ployer shall be free to secure applicants without
using the referral procedure, but such applicants
if hired, shall have the status of “temporary
employees.” The employer shall notify the Busi­
ness 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.
(51)
It is the intention of the parties that this
agreement shall constitute a non-exclusive hiring
hall arrangement, but the union shall be given
equal opportunity with other sources to supply
on a nondiscriminatory basis the employers’ re­
quirements for qualified employees.

Employer’s right to reject applicant
The employer’s right to reject applicants appears
in one-half of the agreements studied. The employer
may choose not to employ workers who have proven
ineffective in the past or have insufficient qualifica­
tions for existing work. Some of the clauses provided
for no exception while others prohibited applicant
rejection as a result of discrimination, particularly
for union activity:

(52)

The employer shall have the right to reject
any applicant for employment.

(53)

The employer retains his right of freedom of
selection of employees from among all applicants.

(54)

The contractor shall have the right to reject
any workman referred by the union for any
reason.

to report to work following referral, or report to the
jobsite unable to work were found in approximately
10 percent of the agreements. The penalty generally
is elimination from, or relocation to the bottom posi­
tion on, the appropriate referral list:

(57)

If an applicant refuses a referral when pi^perly made, he shall be removed from the top of
the referral list and replaced thereon at the
bottom of his appropriate group.

(58)

Any applicant may refuse 2 jobs without
losing his position on the out-of-work list, pro­
vided, however, if the applicant refuses a 3rd
job he shall lose his position on the list and
his name shall be placed at the bottom of the
list of his group.

(15)

Persons shall be eliminated from the registra­
tion list for . . . failing to accept suitable employ­
ment one time during the current week at the
time of dispatch. Employment which cannot be
reached by an individual because of lack of
transportation shall not be deemed suitable as to
him. . .. Any person dispatched to a job who
fails to report for work [shall be eliminated from
the list].

Employer’s right to retain key workers
Approximately one in five of the agreements
studied allow the employer to retain a certain number
of “key workers” not secured through the union hir­
ing process. This rule often applied to contractors
based outside the local union’s geographical area.
Under this circumstance the clause allows the con­
tractor to import key workers from his home location:

(55)

The individual employer shall have the right
to employ directly a minimum number of key
employees who may include a general foreman
and foreman.

Short-term job clauses
Hiring hall procedures usually require the place­
ment of new applicants at the bottom of the referral
list. Many agreements, however, recognize the possi­
ble inequities in so assigning applicants returning
from jobs lasting only a short time. These allow the
referred worker to retain his former position on the
list if the job does not last longer than a specified
minimum period of time:

(56)

Employment of “short duration,” for the pur­
poses of these regulations only, shall mean em­
ployment which is terminated by the contractor
other than for just cause without such employee’s
having received from such employment the equiv­
alent of 40 hours for straight time wages.
An employee whose last employment was of
“short duration” shall be restored to his original
place on the list, or lists, on which he was regis­
tered at the time of his last dispatch, provided he
notifies the dispatching office of his availability
for work not later than noon of the day follow­
ing the termination of such employment.

Penalty for violation of referral rules
Provisions stipulating a penalty for employees who
refuse a referral, or a given number of referrals, fail




Prehiring examinations
The employer could require a physical examina­
tion to determine the applicant’s ability to perform
the work in a little under 6 percent of the agreements
surveyed. The employer generally bore the expense
of the examination and in some instances was obliged
to pay straight time wages for the time required for
the examination in addition to the traveling time to
and from the physician’s office:

(59)

There shall be no limitations on the em­
ployer’s right in his discretion to refer employees
to a physician for a physical examination and
to be the sole judge of the continued employment
of carpenters as a result of such examination.
Provided, however, the employer shall bear the
entire expenses incident to such examination and
shall pay the carpenter straight time wages during
the time involved in the travelling to and from
and the time spent in the physician’s office.

However, 5 percent of the contracts studied pro­
hibited physical examinations as a requirement of
employment:

(60)

No employee covered in this agreement shall
be subject to a physical examination in order
to be employed.

Competency examinations to prove eligibility for
job referrals were required, or allowed under certain
circumstances, in one of four agreements:

(61)

All apprentices successfully completing the
apprenticeship program shall be considered as
qualified bricklayers or stone masons. All other
persons seeking employment as bricklayers or
stone masons shall be required to pass an exami­
nation to determine their qualifications.

sometimes is subject to their availability or, in in­
stances where the group ranking referral system is
used, to the exhaustion of the pool of workers in the
higher priority groups:

(62)

Every fifth man employed by the employer
covered by this agreement shall be 55 years or
more of age provided such men are available,
however, all names in the higher priority groups,
if any, shall be exhausted before any such over
age reference can be made.

Older workers
To provide job opportunities for older workers,
more than 20 percent of the agreements provide for
the hiring or retention of workers over a specified
age. The majority of these clauses require the em­
ployer to maintain a minimum ratio of older workers
to total workers. The ratio varies from one older
worker for each regular worker employed to one
older worker for each 12 regular workers. About 1
in 3 specified a ratio of 1 to 5:

(33)

Subject to the provisions of law, on all con­
struction jobs or in any shop employing 5
plumbers, one employee 55 years or over shall
be employed. Any employee over 55 years shall
not be on a bull gang unless it is an emergency.
One additional employee 55 years or over must
be employed for each additional 5 employees
employed or major fraction thereof.

The hiring of older workers on a fixed ratio basis




A few contracts allow older workers with dimin­
ished abilities to work for less than the union scale:

(63)

Superannuated journeymen who are unable
to do a day’s work because of old age or phy­
sical handicap may be employed by the contractor
at an hourly rate of pay lower than the journey­
man’s hourly rate of pay. The hourly rate of
pay shall not exceed 80 percent of the journey­
man’s hourly rate of pay; said rate to be deter­
mined by agreement between the employee and
the employer and the local union. In such cases
the workmen shall be issued superannuated cards
designating the rate of pay. Superannuated men
may be included in the union’s employment lists
provided that they are so designated. There shall
be no discrimination against any lather solely
because he is superannuated. The employer shall
include in his employ at least one superannuated
journeyman or a journeyman age 55 years or
older, when available, for every 10 or more jour­
neymen or apprentices in his employ.

Part IV.




Seasonality, Safety and Related Provisions
Page
Right to refuse work in inclement w ea th er ...........................................
Rain g e a r ..........................................................................................................
Safety rights and obligations of em p lo y ees..............................................
Obligations of employer for employee s a fe ty .....................................

18
18
18
19

Part IV.

Seasonality, Safety and Related Provisions

Right to refuse work in inclement weather

Safety rights and obligations of employees

The employee could refuse to work in inclement
weather without penalty in 17 of the agreements, in­
cluding 6 covering carpenters. Some clauses allowed
the employees to determine those conditions not
suitable for work; others placed the decision with
the steward or union business agent. A few contracts
waived the provision during an emergency or when
failure to work would result in a financial loss to
the employer:

Most of the construction agreements establish con­
tractual rights or obligations of employees in safety
matters. Three out of 10 of the agreements pro­
hibit working under unsafe conditions, or give work­
ers the right to refuse to work under such conditions.
The clauses include many that permit the union to
remove workers from unsafe jobs:

(68)

The employer shall, at all times, provide safe
tools, materials and equipment and safe working
conditions. If at any time, in the opinion of the
business representative, such tools, materials or
equipment or working conditions are unsafe and
constitute a hazard to health or physical safety,
the employee shall not be required to work with
such tools, materials and equipment or under such
conditions unless and until they are made safe and
approved by the union or its authorized agent.
No employee shall be dismissed or otherwise
disciplined for refusal to work with such unsafe
tools, materials or equipment or under such
unsafe working conditions.

Rain gear

(69)

A clause requiring the employer to provide rain
gear for work in inclement weather or other adverse
conditions appears in 122 agreements. Nearly a third
of the clauses cover laborers:

In order to protect the health of the em­
ployees, no employee shall be required to mouth
any nails or staples. All lath nails must be blued
and always be kept in a safe and sanitary condi­
tion.

(42)

The union shall have the right to strike, re­
move men from the job, or engage in any other
lawful economic activity in the event an employer
violates any of the applicable State Safety Codes
provisions, but in such event only that portion of
the jobsite where the violation occurs shall be
stopped. At such time, the union shall submit to
the employer a written list of the alleged viola­
tions and the work shall not resume until such
time as the violations specified in the written
notice have been corrected.

(64)

. . . No carpenter(s) shall be discharged or
penalized in any way for his refusal to work in
inclement weather, except where the refusal
would result in financial damage to the employer.

(65)

If at any time the weather is too bad to work,
the steward or business agent shall order the
carpenters and/or pile drivers, exposed to the
bad weather, to stop work until it moderates
(below 20 degrees may be considered inclement
weather), except in case of emergency.

(66)

The employer agrees to furnish suitable wear­
ing apparel such as pullover boots and raincoats
on all jobs where employees are required to work
in inclement weather or under wet or muddy con­
ditions of an abnormal nature.

(67)

Any employee working in the water or in­
clement weather will be provided by the con­
tractor with suitable wearing apparel to keep
dry. All rubber sock boots shall be new upon
issue; all rubber shoe boots necessary on the job
shall be disinfected and in a sanitary condition
before being issued when they have been used
by another employee.




The same proportion of agreements specify that
workers comply with the contractor’s safety rules, or
with public safety laws and ordinances. About one

in three of these indicate penalties, usually discharge,
for workers violating the rules:
(70)

It shall be a condition of employment that
all employees use and wear the safety equipment
provided by the contractor and practice the safety
procedures specified by the contractor and OSHA, Construction Safety Act of 1969 and the
State Safety Code. Failure to comply will sub­
ject employees to immediate dismissal without
recourse.

A minority of provisions indicate that employers
must furnish adequate lighting or ventilation (includ­
ing respiratory equipm ent):
(74)

When workmen are working at night, ad­
equate lighting shall be provided to permit them
to do their work with a maximum degree of
safety.

(75)

Any employee, while welding or burning gal­
vanized material or stainless steel, or any other
materials that give off toxic and/or poisonous
gases, shall not be required to weld in spaces
that are not properly ventilated or are not in
conformance with the State Safety Code.

(76)

No cement masons shall be allowed to work
where blower fans or open salamanders, gasoline,
oil or torch, which are injurious to the health
of cement masons, are used. Salamanders in
particular must be piped to a flue or outside
opening.

Some agreements make employees responsible for
reporting any unsafe conditions to the supervisor or
steward, so that corrective measures can be taken:
(71)

(13)

If an employee or union member feels that
an unsafe condition exists on the job, he shall
report it immediately to his foreman, who, if he
concurs, shall take steps to correct the condition.
If the foreman does not concur, the matter shall
be taken up by the foreman with the employer in
an attempt to resolve any differences. If the
matter cannot be resolved, it may be referred to
the grievance procedure.
When the occasion arises where an employee
gives written report on forms in use by the em­
ployer of a vehicle being in an unsafe operating
condition, and receives no consideration from
the employer, he shall take the matter up with
the officers of the union, who in turn will take
the matter up with the employer.

Obligations of employer for employee safety
Construction work is more hazardous than work
in most other industries. As a result, most construc­
tion agreements place obligations on employers to
reduce or minimize the employees’ risk. Of the agree­
ments studied, more than 80 percent made some
reference to employers’ safety obligations.
More than half the agreements indicate the em­
ployer’s responsibility to furnish safety equipment.
Some clauses are general, while others name specific
items such as hard hats or safety glasses:
(72)

The employer agrees to furnish all equipment
necessary to safely perform work within the juris­
diction of the electrical workers.

(73)

Employers agree to furnish normally utilized
safety equipment, other than personal clothing
(clothing made to fit size) necessary to safe
performance of the work including, but not
limited to, hard hats, goggles, protective shields,
safety belts, etc.




About one in eight agreements specified that firstaid equipment would be provided on the job:
(77)

On all jobs, the contractor shall be required
to furnish a first-aid kit.

(78)

The employers agree that on all company
equipment there will be approved Red Cross first
aid kits.

Clauses specifying the procedure to be followed in
the event of an accident appear in nearly a quarter
of the agreements. These usually assign responsibility
for the care of the accident victim:
(79)

When an injury occurs on the job, it shall
be the duty of the foreman or man in charge to
immediately notify the doctor or the hospital that
the patient is being taken to of the insurance or
coverage to facilitate immediate admittance.

More than 60 percent of the agreements include
various other employer safety provisions, such as
pledges of compliance with safety laws and ordi­
nances, requirements that the employer furnish safe
tools, equipment or transportation, and numerous
others. The clauses are sometimes general, and some­
times apply only in a narrow area, or with respect to
a specific condition or law:
(80)

The steward shall be the safety representative
for the union on all jobs unless changed by the
mutual consent of the business manager and the
employer.
All work of the employer shall be performed
under mutually approved safety conditions, which

must conform to State and Federal regulations.
All toilets and washrooms shall be kept in a
clean and sanitary condition, properly heated
and ventilated and suitable quarters with heat
shall be provided for the men to change clothes
and eat their lunches. There shall be facilities
provided for drying clothes and employees shall
receive fair reimbursement for the loss of their
clothes by fire when properly stored in a place
designated by the employer, the amount of the
actual loss to be determined between the em­
ployee and the employer’s insurance adjuster.
In chemical plants the employer will give
proper consideration to any unusual conditions
that may exist which cause unusual loss of work
clothes. Isolated cases under this section are
subject to settlement under the grievance pro­
cedure . . . Scaffolding, staging, walks, ladders,
gangplanks and other safety appliances shall be
provided where necessary and shall be constructed
in a safe and proper manner by competent me­
chanics. Proper lighting and ventilation shall be
provided for all enclosed working spaces. The
employer shall furnish suitable guards around
welders for the protection of the employee’s eyes.
(81)

Both parties mutually agree that the health
and safety of the members of the party of the first
part is of paramount importance, and that the
following regulations shall be strictly adhered to.
A. After November 1st all buildings in which
members of the party of the first part are em­
ployed shall be satisfactorily closed in and heated.
Waiver of this regulation may be obtained through
mutual agreement between the party of the first
part and the party of the second part.
B. Staging, planking or scaffolding shall be
of sufficient strength and soundness. For all
lathing work of 14’ height or under, the staging
or scaffolding shall be constructed by the lathers
who are employed on the jobsite. The staging
or scaffolding shall comply with the State safety
laws, and be approved by the union steward on
the jobsite.
C. Tools supplied by the party of the second
part shall be of reliable manufacture, safe and
approved by the party of the first part. The party
of the first part reserves the right to prohibit the
use of such tools it believes are a menace to its
members.
D. There shall be no lost time on day of
injury for employees who are obliged to receive
medical treatment. All sick or injured men shall
be accompanied by a responsible person when
needed.
E. It is agreed by the party of the second




part that there shall be no cause for grievance or
complaint should members of the party of the
first part refuse to work on any and all jobs
where the conditions of this article have not been
fulfilled.
(82)

Vertical reinforcing dowels, that are exposed
and constitute a hazard to an employee that may
be working above same, shall be covered.

In fewer than 10 percent of the agreements, labormanagement safety committees were established to fos­
ter joint efforts to solve safety problems and to pro­
mote safe working conditions:
(83)

1. A Joint Labor-Management Safety Com­
mittee shall be formed to develop an Accident
Prevention Program in the Building Construc­
tion Industry of Western Pennsylvania.
2. The Accident Prevention Program develop­
ed by the Labor-Management Safety Committee
shall not conflict with the Pennsylvania State
Code or any safety rules now in effect by
virtue of any of the existing collective bargain­
ing agreements between building construction in­
dustry employers and the various building trades
unions.
3. The Joint Labor-Management Safety Com­
mittee will consist of 4 representatives appoint­
ed by the Construction Industry Advancement
Program and 4 representatives appointed by
the Pittsburgh Building Trades Council.
4. All employing contractors will appoint,
from the management, a representative who will
have the duty and responsibility of promoting and
enforcing the Accident Prevention Program in
their respective organizations as developed by the
Joint Labor-Management Safety Committee.
5. When the project contracts are over
$1,000,000, each prime contractor, each craft,
and each principal subcontractor employing more
than six employees on the project, shall provide a
representative to attend safety meetings in order
to coordinate their combined efforts in com­
pelling the employees to comply with the Acci­
dent Prevention Program.
6. The safety meetings shall be conducted by
the general contractor’s safety representative, or
his nominee, and the craft’s elected representa­
tive shall record the minutes.

(84)

The union and the employers agree that a
committee appointed by said union and employers
shall meet to study further safety measures to
insure the safety and protection of cement masons
while employed at their trade.

Part V.




Provisions Governing Working Conditions
Page
Advance notice of layoff or termination .
Restrictions on materials . ....................................
Rules governing crew size, height, and weight .
Limitations on tools and equipment .............................
Prohibitions or limitations on working employer ............................................
Restrictions on nonbargaining unit personneldoing bargaining unit work
Subcontracting limitations ...................................................................
Restrictions on employee transfer
Construction standards
Jurisdiction of repairs
Faulty w o r k ..................................
Furnishing and storing tools
.
Tool replacement and insurance
Employee facilities
Work clothing

22
.2 2
23
24
24
24
25
26
. 26
.2 7
.2 7
.2 7
. 28
28
. . . 29

Part V.

Provisions Governing Working Conditions

Advance notice of layoff or termination
Advance notice of layoff or termination is requir­
ed in about one-third of the 769 construction agree­
ments examined.8 Such clauses are most typical in
carpenters’ and electricians’ agreements. Advance
notice to individual workers usually is short— an hour
or less— allowing enough time for the worker to pick
up his tools and change clothes.9 Clauses calling for
notice to the union usually stipulate a longer minimum
period. Often, the advance notice provision requires
the contractor to pay employees in full at the time
of their discharge, or face a waiting time penalty:
(85)

(86)

(17)

Any man laid off shall be notified one-half
hour before layoff and shall be paid in full at
the time of layoff. A ten percent penalty, based
on wages due, shall be levied and collected by
the employee from his employer when he fails
to pay wages on time.
Foremen shall notify employees of their dis­
charge on the scaffold and shall make the neces­
sary arrangements whereby the men shall receive
their pay envelopes Vi hour before quitting
time. When men are to be laid off the steward
shall be notified of the names of these employees
at least 4 hours in advance except in extenuating
circumstances.

fied 48 hours in advance of any layoff, Satur­
days, Sundays and holidays are not included.

Restrictions on materials
A minority of the agreements (15 percent) place
restrictions of various types on the materials used
in construction. Most frequently encountered were
limitations on the installation of prefabricated mate­
rials, i.e. units composed of parts assembled off the
jobsite. Agreements covering the plumbing and sheet
metal crafts were most likely to contain such restric­
tions. The object generally was to prevent “erosion
of the bargaining unit” or the loss of work customar­
ily claimed as within the union’s jurisdiction:
(87)

No employee need handle any prefabricated
and/or preassembled reinforcing steel mats pro­
duced off the construction job site by employees
not covered by this agreement, if such production
consists of work or work function customarily
or traditionally performed by employees cover­
ed by this agreement. N o employees shall be dis­
ciplined or laid off for refusing to work under
this section.

(88)

Junction boxes, pull boxes, raceways, sup­
ports and hangers, intended for the housing or
support of wires, cables or electrical equipment
and electrical fixtures, custom built or specifical­
ly made to fit job conditions shall be fabricated
on the job, or on other premises provided by
the contractor, by electrical workers whose rate
of pay is established under the terms of this
agreement. This, however, shall not apply where
standard or catalogue items are used, such as,
panels, switchboards, telephone cabinets, current
transformer cabinets, trims and troughs, and so
forth.

Workmen, when discharged shall be paid all
wages due in full immediately and shall be al­
lowed an hours’ time to gather their tools and
personal belongings. In the event the employee
is not paid off, waiting time at the regular rate
shall be charged until payment is made. The
business office of the local union must be noti-

s Provisions in the construction industry often use the terms
layoff, discharge, and termination interchangeably to indicate a
permanent separation. In most other industries, layoff normally
means a temporary or indefinite separation, with a likelihood of
eventual recall to work.
9 Longer advance notice requirements may be impractical on
outdoor work because of weather uncertainty, or unnecessary
because workmen generally are aware when work within their
own jurisdiction is nearing completion.




The agreements occasionally required that the
materials brought to the jobsite be union made:
(89)

[The local union] reserves the right to refuse
to handle, erect or install fabricated materials

sent to the job that have not been fabricated by
journeymen members of the [national union].
(90)

There shall be no restriction on the use of
any raw or manufactured materials, provided
they are union made and labeled.

A small proportion of the agreements indicated
that the employer would not be allowed to use prisonmade goods. Behind this prohibition is an historical
union policy opposing the use of material not made
under union-negotiated working conditions. Rarely,
foreign-made materials were similarly banned:

(91)

A contractor shall not be hindered or prevent­
ed in using any type or quantity of machinery,
tools, or appliances, and may secure materials or
equipment from any market or source as he sees
fit, except prison made goods, without inter­
ference of any kind.

(92)

Square or rectangular marble floor tile not
further finished than sand or diamond ground
up to 4 square feet or rough sawn slabs may
be utilized if quarried out of a domestic quarry
(but not foreign) regardless of thickness.

Some provisions did not specify restrictions on
any particular class of materials, but indicated that
the employer would make every effort to avoid the
use of materials which might cause “discord or dis­
turbance” on the job:

(39)

It is further agreed that the employers and
their sub-contractors shall have freedom of choice
in the purchase of materials, supplies and equip­
ment, save and except that every reasonable
effort shall be made by the aforesaid to refrain
from the use of materials, supplies and equip­
ment, which use will tend to cause any discord
or disturbance on the job.

(93)

Individual employers and their subcontrac­
tors shall have freedom of selectivity in the use
of materials, supplies and equipment and method
of transportation, except that every reasonable
effort shall be made by individual employers
and their subcontractors to refrain from the
use of materials, supplies or equipment, or
method of transportation which will tend to
cause any discord or disturbance on the project.

clauses sometimes imposed a penalty for noncom­
pliance:

(82)

No less than 6 men and a foreman shall be
employed around any guy or stiff-leg derrick
used on steel erection, and all mobile or poweroperated rigs of any description no less than 4
men and a foreman shall be employed. However,
under certain conditions, a lesser number of men
may be used with prior agreement between
the contractor and business agent.

(94)

When a contractor fails to properly man
any piece of equipment under the terms of this
agreement he shall be required to pay double
full wages (including the cost of fringe bene­
fits) for each day the equipment is unmanned
to the next qualified registrant in the district
in which said violation occurred.

It was often a condition that no employee be per­
mitted to work alone under isolated or potentially
hazardous conditions. Electricians are usually pro­
tected by such requirements:

(95)

On all energized circuits or equipment operat­
ing at 480 volts or more and/or on any energiz­
ed circuits rated 1000 amperes or more, as a
safety measure 2 or more men must work to­
gether. They shall be supplied with proper tools
and protective equipment for such work.

Slightly less than 10 percent of the agreements
place restrictions on the amount of weight employees
were required to lift, and a similar number place
some limitation on working at heights above the
ground. These clauses appear most often in agree­
ments negotiated with the Bricklayers Union. The pro­
visions generally serve also as crew size requirements:

(96)

On all block or masonry units weighing 40
pounds or more, two bricklayers shall be em­
ployed.

(97)

It is agreed by the employer that any and
all cement containers shall not exceed 60 pounds
in gross weight.

(98)

On installation where safety or possible in­
jury to employees on heavy lifting of materials
or hazardous work exist, business representative
or job steward may request additional men
placed on such job.

(99)

The shipment of asbestos cement in bags
or containers shall not exceed 50 pounds. Any
materials over 50 pounds shall have the required
manpower for handling. . .
At least two men [are required when] work­
ing on jobs where work is performed in shafts,

Rules governing crew size, height, and weight
Of the 769 agreements examined, 296 referred
to crew requirements or manning for specific opera­
tions. Such provisions quite often are safety related,
since undermanning can result in accidents. The




tunnels, hung ceilings, crawl spaces and hazard­
ous roof jobs.

Limitations on tools and equipment
M ost agreements place no limitations on the
employer’s right to employ tools and equipment of
his choice on the job, or to introduce new laborsaving
devices or technological improvements. However, a
minority (fewer than 10 percent) of the agreements
did restrict or prohibit certain items. These were large­
ly concentrated in agreements covering painting opera­
tions, although they also appeared in other craft
agreements:

(100)

No employee shall be allowed to work with
a brush larger than 4 inches in width on interior
and exterior woodwork. No employee shall be
required to use any brush in oil which exceeds
four and one-half inches. On water colors or
any latex material a 6 inch brush shall be the
largest used.

(101)

The mechanical equipment now being used
is permissible, but any newer type machines
shall not be put into operation without the
consent of the union, which consent shall not
be unreasonably withheld.

(102)

Employees shall retain trowel in their hand
hand while laying brick, and shall not allow
mortar to be spread in a wall with any other
implement than a trowel.

cians, Painters, and Plumbers unions, and were re­
latively uncommon in those covering the Boilermak­
ers, Ironworkers, Carpenters, Operating Engineers,
Laborers, Lathers, and Teamsters.
Only 10 percent of the agreements studied place
an absolute ban on employers working with tools:

(101)

The employer hereby agrees that he shall per­
form no manual labor on any work covered by
this agreement.

(103)

The union agrees not to contract, subcon­
tract or estimate on work, nor allow its mem­
bership to do so, nor to act in any trade capa­
city other than that of workman. It is also agreed
that no member of a firm or officer of a cor­
poration, or their representative or agent, shall
execute any part of the work of application of
materials.

(104)

The employer shall not work “with the tools.”

A much larger proportion of the agreements al­
lowed an employer to work with the tools under
specific conditions. Some required the contractor to
employ a minimum number of workers, while others
limited the number of members of the firm who
could perform journeymen’s work:

(105)

All working contractors must employ at least
2 journeymen before he is allowed to work with
tools. This applies to contracting members who
are signators to this agreement.

(46)

Not more than 1 owner of a firm or com­
pany which is an individual employer under this
agreement shall be permitted to perform work
covered by this agreement.

Prohibitions or limitations on working employer
Many contractor-employers are former journey­
men in a craft; some of the small contractors, in
fact, may alternate between contractor and journey­
man status. The small contractor may wish to work
alongside his employees with the tools of his trade—
a wish not always granted under the agreement. Re­
strictions on working employers may be introduced
into the agreement to preserve work for journeymen,
and to avoid conflict of interest, since the working
employer may be a member of an employers’ associa­
tion and at the same time be performing work re­
served for members of the bargaining unit.
Nearly a third of the agreements placed restric­
tions on employers working with tools of the trade,
or prohibited the practice entirely. Such clauses
were most prevalent in agreements with the Electri­




Some provisions permit an employer to work only
under emergency conditions:

(106)

No employer shall be permitted to work with
the tools except in case of an emergency for
the protection of life and property.

Restrictions on nonbargaining unit personnel
doing bargaining unit work
Somewhat similiar to restrictions on working em­
ployers, and also somewhat related to subcontracting
limitations, were provisions in about a fifth of the
contracts banning the placement of persons other
than employees covered by the agreement on work
within the agreement’s jurisdiction. These provisions
evidently prohibit assignment to bargaining unit work

ployees the wages and fringe benefits provided
for in this agreement.

of journeymen from other crafts or members of
management:
(107)

It is agreed by the employer that employees
covered by this agreement shall not be required
to do any work that is not covered by this
agreement, and that any work that is covered
by this agreement shall not be assigned to any
employee who is not covered by this agreement.

(108)

The employer agrees to respect the jurisdic­
tion of the union and shall not direct or require
its employees or persons other than the employees
covered by the bargaining units here involved, to
perform work which is the work of the em­
ployees in said units.

Other provisions require only that subcontractors
abide by the terms and conditions of the agreement.
In effect, this also means the employer must comply
with union security provisions, including a union
shop if the agreement so states:
(110)

The employer agrees that subcontracting shall
be done in accordance with the terms and con­
ditions of this agreement.

(72)

. . . The subletting, assigning or the transfer of
any work in connection with electrical work to
any person, firm, or corporation not complying
with the terms of this agreement by the employ­
er, will be sufficient cause for cancellation of
this agreement, after the facts have been deter­
mined by the International Office of the union.

Subcontracting limitations
Because of the complex nature of construction
operations, both general and specialized contractors
under union agreement may find it necessary to sub­
contract certain work to employers who have experi­
ence and equipment best suited to the required tasks,
but who are not necessarily parties to the specific
agreement. Negotiators of construction agreements
generally recognize the frequent need to subcontract
work, but at the same time place limitations on the
practice to prevent abuses that may be detrimental to
both union members and legitimate contractors.10
About 75 percent of the agreements surveyed con­
tained various limitations. The strongest provisions
required the subcontracting work to be let only to
employers already party to the agreement or to one
essentially the same:
(109)

The employer agrees that when subletting or
contracting out work covered by this agreement
which is to be performed within the geographical
coverage of this agreement and at the site of
construction, alteration, painting or repair of a
building, structure or other work, he will sublet
or contract out such work only to an employer
who has signed or is covered by a written labor
agreement with the union (which agreement shall
be in substance identical with this agreement)
and who employs or agrees to employ 2 or more
journeymen during at least 39 weeks of the year.
The employer further agrees that he will give
written notice to all sub-contractors that such
sub-contractors are required to pay their em­

io For a detailed discussion of this subject see “Major Col­
lective Bargaining Agreements: Subcontracting,” (BLS Bulletin

1425-8).




Sometimes, agreements require the subcontractor
to provide union wages and working conditions, but
specifically exempt him from the terms governing
union recognition and union security:
(111)

The contractors agree that whenever any
work covered by this agreement is subcontract­
ed it shall be subcontracted only to subcontrac­
tors whose employees enjoy wages, hours and
other conditions of employment equal to those
contained in this agreement. It is understood that
this paragraph shall be and become a part of the
specifications on any work which a contractor
shall sublet in any manner to a subcontractor.
A subcontractor is a contractor who performs
work on the site of the project, including the
production of materials from a point or location
which has been specifically opened to provide
materials for the project. The union agrees that
the scope of this article is expressly restricted
to the aforesaid subjects, and shall not be con­
strued to include union recognition, union secur­
ity or hiring clauses, or any other provision re­
lated thereto.

Restrictions on subcontracting employers some­
times were narrowed to compliance with the union
wage scale:
(112)

If an employer subcontracts work to be per­
formed at the job site, the employer shall require
the subcontractor to sign a subcontract agree­
ment containing the following provisions: The
subcontractor agrees to comply with the pro­
visions relating to wages, fringes, and premium
pay of the 1972, 1973, and 1974 collective bar­
gaining agreement in the highway and heavy con­
struction industry entered into between [the as­

sociations] and the . . . unions for the duration
of such prime contractor or employer’s project.
The agreement of the subcontractor to so
comply shall apply:
1. Only to those collective bargaining agree­
ments which cover classifications of work in
which the subcontractor has employees working
on the project; and
2. Only to work performed on the project.
The employer shall require the subcontractor
to sign a subcontract agreement containing the
foregoing provision only:

lished standards of quality.11 The provisions were
most prevalent in agreements covering electricians,
and were also frequently found in agreements cover­
ing asbestos workers, lathers, plasterers and plumbers.
The clauses may help discourage use of substandard
shortcuts and slipshod work. Some of the provisions
stated that an employer who discharged an employee
for complying with standards would be held in viola­
tion of the agreement:
(116)

1. With respect to work located in territorial
areas covered by the terms of the respective union
agreements, and
2. Where the subcontractor does not repre­
sent to the employer that he has an established
building trades collective bargaining relationship
covering the affected classification of work.
(113)

Compliance with plumbing code and con­
tract specifications: The quality of workman­
ship shall be pursuant to and in accordance with
the Plumbing Code of the City of New York
and the contract specifications. All work to be
thorough: All work shall be executed in a
thorough and workmanlike manner. An employer
who shall discharge a journeyman or apprentice
for performing his duties in compliance with the
Plumbing Code of any jurisdiction covered by
this agreement shall be deemed to have violated
this agreement and shall be subject to charges
and discipline therefore by the Joint Arbitration
Committee. Tests to be witnessed: The union
reserves the right to have its business agents
witness all tests required by the Plumbing Code.
All tests must be “water tight” before the busi­
ness agent is called. Foremen shall notify the
union 24 hours in advance for requested testing.

Subject to other applicable provisions of this
agreement, the employer agrees that when sub­
contracting for prefabrication of materials cover­
ed herein, such prefabrication shall be subcon­
tracted to fabricators who pay their employees
engaged in such fabrication not less than the
prevailing wage for comparable sheet metal fab­
rication, as established under provisions of this
agreement.

Restrictions on employee transfer
The agreements often place certain restrictions on
the employer’s right to transfer employees between
jobs, or to other employers. Such provisions are
found in 132 of the 769 agreements examined. They
are probably intended to prevent employers from
circumventing the union referral systems:
(114)

The employer shall not loan or borrow em­
ployees from or to other employers in the elec­
trical contracting industry without first securing
written approval from the union office and then
only when applicants possessing the required
skills are not available under the referral proce­
dure.

(115)

No men shall be loaned from one shop to
another at any time.

Compliance with codes: All parties to this
agreement agree to comply with all provisions
of the Administrative Code of the City of New
York as they relate to the plumbing industry
and Industrial Code of the State of New York,
in all matters contained therein and particularly
those affecting or relating to the plumbing in­
dustry in the jurisdiction of [the union] in
the City of New York.

(117)

All employees shall install all electrical work
in compliance with State laws and local ordi­
nances governing such work, and all electrical in­
stallations shall be made by employees authorized
or permitted by law to perform such work. All
employers shall comply with all laws pertaining
to licensing, inspection and codes.

(118)

A joint committee shall be appointed July 1,
1972 to investigate, process, and formulate
standards for workmanship using
FHA,
SMACNA, etc. standards and refer violations
to the Joint Adjustment Board. These com-

Construction standards
About one agreement in five requires all work
performed under the agreement to conform to estab­




n The relatively low prevalence may be because construc­
tion work is generally subject to State, county and municipal
building codes which establish legal minimum standards, and to
inspections for violations.

mittees shall meet quarterly throughout the life
of this agreement.

Jurisdiction of repairs
The jurisdiction of the agreement sometimes in­
cludes the repair of equipment used by members of
the bargaining unit. A small number of the construc­
tion agreements made separate reference to this juris­
diction:
(119)

Mechanics with the assistance of the operat­
ing engineers and oilers or apprentices shall re­
pair, mantle, and dismantle all equipment that
comes under their jurisdiction . . .
Operating engineers and oilers regularly as­
signed to a machine shall be allowed to repair
or assist in repairing same when repairs on the
job are necessary, at their regular rate.

Faulty work
About one in eight provisions applied a penalty
to any employee adjudged guilty of poor quality work.
Usually, the clause indicated that the worker would
be required to make the work meet standards at his
own expense:
(121)

Whenever a tile setter shall do imperfect
work, it shall be the duty of the business agent
to investigate and if he finds the complaint justi­
fied he shall order the tile setter to repair the
work at his own expense.

(122)

When the employer and the business repre­
sentatives of the union jointly agree that faulty,
mistaken or unacceptable work clearly due to
the fault of the journeyman has been installed
by the journeyman, it shall be corrected by the
journeyman without cost to the employer.

Furnishing and storing tools
The provisions referring to repair of equipment
usually recognized the right of nonbargaining unit
personnel to make repairs or adjustments under cer­
tain conditions. Warranty work on new equipment
or emergency repairs were sometimes excluded from
the repair jurisdiction:
(120)

(93)

(44)

The repair or adjustment of any equipment
or machinery pursuant to the terms of a guar­
antee by the manufacturer thereof, or his agent
or employees, will not be subject to this agree­
ment and the union will not interfere with such
employees on such exempted work; provided,
however, that this does not apply to the assembl­
ing and erection of machinery on and during
a construction job prior to completion of the
erection.
. . . This agreement does not apply to war­
ranty work performed upon equipment purchas­
ed from a recognized dealer, nor does it limit
the right of the individual employer to use the
field services of a permanently established com­
mercial shop in emergencies. Permanently estab­
lished shops or plants shall not consist of shops
or plants erected on the job site or erected to
service the work of one job or project. This
agreement does net include on-site work per­
formed by commerical engineering or survey
firms.
All repair work on the job on equipment
under our jurisdiction shall be by operators at the
regular scale of wages, but this shall not bar the
employment of specialists when necessary.




With rare exceptions, the contractor provides all
the more complex or power-driven tools needed on a
project. He may also provide simple handtools, but
in many crafts it is common for the journeymen and
apprentices to provide them. Many agreements fix
the responsibility for furnishing all or specified tools;
about 43 percent of those studied required employees
to furnish tools, and about half placed similar re­
quirements on employers. Many of the clauses divided
the responsibility, often requiring employers to pro­
vide power-driven tools, and employees to provide
their own handtools.
Clauses referring only to the employee’s responsi­
bility for providing tools were most prevalent in
agreements covering iron workers and sheet metal
workers, while those referring only to employers were
most likely to be found in plumbers’ and asbestos
workers’ agreements. Some provisions were general,
while others listed the specific tools required:
(123)

Each contractor shall furnish journeymen
and apprentices all tools necessary to do their
work. In those cases where men are issued hand
tools which may be kept in an ordinary portable
tool box with a lock in which the tools, tool
box and lock are properly identified and com­
pletely in the care, custody and control of the
employee, the employer may require as a con­
dition of employment that the employee sign
a receipt for these tools, box and lock, and be
responsible for them, excepting only for ordinary

wear and tear. In case of a dispute as to ac­
countability, if -the business manager and the
contractor cannot agree, the matter shall be
arbitrated.
(46)

Cement masons will be required to furnish
the following “Bag of Tools” : 3 trowels (vary­
ing sizes to fit work); 1 pointer (trowel); 1 set
of coving tools (1 nose and 1 cove); 1 wood
hand float; 1 rubber float; 1 hammer; 1 sledge
hammer; 1 hand saw; 3 hand edgers ( V4", V "
&
and 3 ” radius to match coving tools); 1 set of
A
knee pads; 1 hand brush (paint brush); 2 levels
(1 pocket; 1-24" or longer); 300" nylon cord; 1
pr. pliers, w/side cutter; carpenter pencil; and
marking crayon. All tools are to be manufactured
in the United States.

to a specified amount. The provisions were present in
most iron workers’, carpenters’ and electricians’
agreements. Occasionally, the union assumed part of
the liability:
(95)

The employer shall provide suitable lockers
or chests for storage for clothing and tools on
jobs where other trades are employed and in
the event of loss by fire or theft the employer
agrees to reimburse the employee for the value
thereof.

(127)

When it is necessary to store employee tools
on the job site during his non-working hours, the
contractor shall be responsible for loss due
to fire, or burglary at 70% of cost to a maximum
payment, as follows: carpenters $200.00; mill­
wrights $500.00. It shall be the responsibility of
the employees when storing tools, to furnish a
list in duplicate to the employer to obtain this
protection.

(128)

The employers agree that they should make
every effort to provide a reasonably safe place
for tools and clothing and likewise the employee
recognizes his responsibility to protect company
tools. Employers and the local union agree to
jointly reimburse elevator constructor mechanics
and elevator constructor helpers for tools or
clothing lost on the job, the employer to pay
75% and the local union to pay 25%. Claims
are limited as follows:

Agreements applying to electricians, carpenters,
and painters were the most likely to require both em­
ployers and employees to provide tools:
(124)

Each journeyman and apprentice shall provide
himself with sufficient tools to perform a day’s
work. All saw horses, work benches and power
tools shall be furnished by the contractor. Jour­
neymen and apprentices will be required to have
their tools in good working condition when
reporting for work with the contractor.

Generally, a safe and dry place to store tools
is to the advantage of both employers and employees.
About two out of five agreements required the em­
ployer to furnish such storage area. The clauses were
found in more than 9 0 percent of the carpenters’ and
electricians’ agreements. Some clauses provided
storage facilities for clothing as well. A few disclaim­
ed employer responsibility for loss or damage:
(125)

(126)

The employer agrees to provide a safe place
for the storage of worker’s tools and clothing on
all jobs. He shall also, when needed and prac­
tical, provide a suitable enclosed heated area
to be used for changing clothes subject to the
approval of the business manager.
Contractors shall provide a suitable place
where employees may keep tools and clothing
but assumes no liability for loss or damage to
same.

Tool replacement and insurance

O verco at......................................$ 50.00
Other clothing ........................... $ 60.00
T o o ls ............................................ $200.00

An affidavit must be submitted to the local
union and the employer by the employee claim­
ing the loss.

Employee facilities
Clauses in two out of five agreements called for
the company to maintain a suitable shelter for work­
ers to change clothes and eat their lunch. Often the
clause further stipulated that the shelter should be
appropriately heated and lighted. The prevalence was
highest for boilermakers, iron workers, carpenters
and laborers:
(129)

About a quarter of the agreements indicated that
the employer would reequip or reimburse the em­
ployee in the event his tools were stolen or destroyed.
Often, the employer agreed to cover such losses up




On heavy construction a suitable change
house shall be furnished for the use of the crafts
to keep their clothes and eat their lunches.
Under no circumstances will materials be stored
therein. The steward will be furnished with a
key. The change house shall be properly heated

when necessary and light supplied when neces­
sary.
(10)

A warm dry place shall be provided for the
men to change their clothes and eat lunches. Ice
water and reasonable sanitary facilities will be
made available.

Nearly half the contracts indicated that the em­
ployer must provide suitable drinking water to work­
ers on the job. Sanitary toilet facilities were required
by slightly under one-third of the agreements:
(130)

The employer agrees to
drinking water.

(131)

It shall be the aim of the contractor and
union working in conjunction with each other
to work toward abolishing on-the-job JONS and
installing sanitary temporary toilet facilities.

(132)

All employers shall furnish sanitary drink­
ing water in vessels with faucets and sanitary




supply

sanitary

drinking cups.
All barrels and containers shall be kept in
strictly sanitary conditions at all times and ice
water will be furnished by the employer.

Work clothing
Employers occasionally were called upon to pro­
vide certain articles of work clothing. These clauses
were relatively rare, and usually applied only in situa­
tions where employees’ regular work clothing could
be damaged:
(102)

Any employee covered by this agreement
working with any special materials such as black
mastic, caulking compounds, fire clay and
epoxies, etc. that may spoil clothing shall be
provided with coveralls and gloves by the em­
ployer before the employee starts to do his work.

Part V I.




Hours, Overtime and Premium Pay Provisions
Page
Hours of w o r k .......................................................................................................................
Limitations on schedule ch a n g e s......................................................................................
Overtime p ro v isio n s....................................................................................
Daily o v ertim e.........................................................................
Weekly o v ertim e.........................................................................................................
Overtime for work outside regularly scheduled hours ........................................
V ariation s.................................................................................
.
Graduated overtime rates .
Restrictions on o v ertim e................................................
Distribution of o v e r tim e ......................................................
Weekend premium p a y ................................................................
....
Graduated Saturday r a te s ...............................................................
...

Restrictions on weekend w o r k ...............................................

31
31
32
32
32
32
32
33
33
33
33
33

.3 4

Part V I.

Hours, Overtime and Premium Pay Provisions

Hours of work
The scheduled daily and weekly hours in the
construction industry vary little from those for the
work force as a whole. A ll of the contracts specify­
ing scheduled workdays established a 5-day work­
week:
(118)

The regular time shall consist of 35 hours
per week divided into 5 work days (from Mon­
day to Friday inclusive) of 7 hours each.

majority of crafts in the area:
(136)

Eight hours shall constitute a day’s work,
from 8:00 a.m. to 5:00 p.m. from Monday to
Friday, inclusive, except in territories where a
shorter work day prevails among a majority
of the building trade unions on building work.

Limitations on schedule changes

Of 653 agreements stating the number of hours in
a standard workweek, 90 percent established a 40hour week, with 8 percent stipulating a 35-hour week:

The employer’s right to change established work
hours was limited in 378 of the agreements studied.
Clauses requiring schedule changes to be approved
by the union appeared in 250 of these:

(133)

(137)

The work week shall be 35 hours, Monday

to Friday inclusive.
(134)

Eight hours shall constitute a day’s work,
between the hours of 8:00 A.M. and 12 Noon
and 12:30 P.M. and 4:30 P.M. on Monday,
Tuesday, Wednesday, Thursday, and Friday,
making 40 hours constitute a week’s work.

The number of hours in a workday was found,
with one exception, to vary from 7 to 8 hours a
day.12 The 8-hour workday was set by 694 of the
759 contracts specifying daily hours. While most
agreements specified starting and quitting times, some
provided only a range within which the workday
must start and end:

Where working hours of a customer are such
that they do not correspond to the regular work­
ing hours set forth in this agreement, it shall be
permissible for the parties to this agreement to
adjust said working hours to accommodate the
working hours of the customer without premium
time payment. In all cases requiring adjustment
of working hours the contractor shall have his
request approved in writing by both parties to
the agreement prior to the adjustment of said
working hours.

A few agreements provided for adjusting the
daily starting time during those months in which day­
light savings time was in effect:

Eight consecutive hours, exclusive of lunch
period, between 8:00 A.M. and 5:00 P.M. shall
constitute a day’s work.

Eight hours shall constitute a day’s work,
from 8 A.M. to 5 P.M. from Monday thru Fri­
day, inclusive, from October 1 to May 1 and
7 A.M. to 4 P.M. from May 1 to October 1, or
hours agreed to between the contractor and
employees.

As construction work often requires extensive
coordination between several crafts working on the
same project, a few contracts allowed local daily
work hours to be shortened to coincide with the

Prior notification to the union of a schedule
change was required in 25 agreements:

(135)

12 The International Brotherhood of Electrical Workers—
New York Electrical Contractors Association, Inc. contract pro­
vides for a basic 5-hour day, or 25-hour workweek, with over­
time for all work outside the basic schedule.




(138)

(139)

By mutual agreement between the employer,
employee and the union, a departure from regular
working hours for excessive heat conditions shall
be allowed. This departure from regular working
hours shall be permitted only during the months
in which Daylight Savings Time is in effect. The

employer and employee shall notify the union
not less than 24 hours prior to a change in
schedule.
As a means of providing employees with additional
personal time some contracts provided for a decrease
in the total length of the workday by allowing the
lunch hour to be shortened. A shortened noon period
generally requires the agreement of the workers and
the employer, or their representatives:

contracts— a higher rate than generally found in
other industries. Most remaining clauses set the rate
at time and one-half:
(62)

The regular working day shall consist of 7 Vi
hours labor in the shop or on the job between
8 A.M. and 4 P.M. Except as otherwise pro­
vided pursuant to . . . this article, all work per­
formed outside of regular working hours and
performed during the regular work week, shall
be at double times the regular rate.

Noon hour may be curtailed by agreement
with the men on the job and the contractor or
his representative.

(144)

All time worked in excess of 8 hours per day
shall be paid for at time and one-half the regular
rate.

Provisions in 2 4 0 agreements stipulate a maxi­
mum variation in the scheduled daily starting time:

(27)

All hours worked over 8 hours shall be com­
pensated at double the straight-time hourly wage
rate.

(140)

(141)

The work day may be changed up to one hour
earlier with the consent of the union during the
period of April through October, and overtime
hours will be adjusted accordingly.

Forty-three of the agreements require that the
schedule change remain in effect for a minimum or
maximum period of time:
(42)

(143)

Upon certification by the District Council
that a serious unemployment emergency exists,
the matter shall be referred to the County Joint
Committee. If the County Joint Committee finds
that such an emergency does in fact exist, it shall
declare a 4 day week of 7 hours a day in ef­
fect for a period not to exceed 13 weeks. During
such emergency, Monday shall be the day ex­
cluded as a work day.
The regular work day shall consist of 8
hours work to start on a one or two shift opera­
tion not earlier than 7 A.M. If the employer de­
cides the starting time to be 7 A.M. instead of
8 A.M., he shall continue starting at that time
for at least five consecutive days.

Overtime provisions

Weekly overtime. Premium pay for work in excess of
a fixed number of weekly hours was required in 100
of the 769 surveyed contracts. Most of these stipu­
lated overtime pay for work over 40 hours per week.
The time and one-half rate was established by ap­
proximately half of the clauses, and double time by
virtually all the rest:
(31)

All work performed by any employee after
40 hours in any one work week shall be paid
for at the rate of time and one-half.

(145)

Double the regular straight time rate will be
paid for any hours or fractions thereof exceeding
40 hours in any one work week.

Overtime for work outside regularly scheduled hours.
Premium pay for all work performed outside norm­
ally scheduled daily hours was required in 445 con­
tracts.13 These clauses often require overtime pay for
work performed during a scheduled lunch break as
well. Double-time was specified in approximately 70
percent of the clauses and the remainder required
time and one-half or varied the rate:
(146)

Virtually all agreements surveyed contain clauses
stipulating premium pay for work beyond or outside
of the standard or scheduled daily or weekly hours.

Daily overtime. Of 442 contracts having clauses pro­
viding premium pay for work performed over a speci­
fied number of daily hours, 413 require overtime to
be paid after 8 hours work. Only 22 contracts required
overtime pay for work after 7 or 7% hours. The
premium rate was double time in over half of these




All construction work covered by this con­
tract which is performed outside the regular
working day shall be paid at double the basic
wage rate.

Variations. The premium rate of pay occasionally
varies according to the type of work performed or
the location of the jobsite:
18 Many of these indicated the premium would be paid for
all work either outside of or after the stated hours and are in­
cluded in both categories.

(43)

(147)

The normal work day shall consist of 8 hours
and the normal work week of 40 hours. Two
times ithe regular rate shall be paid for all work
in excess of 8 hours per day or 40 hours per
week, whichever is greater. When an employer
performs clearance and excavation for site prep­
aration for industrial or building sites, the em­
ployer will pay the wage rates listed herein; all
overtime will be performed at IV2 times the
regular rate.
The rate of pay for all work performed in
Zone 1 and Zone 2 outside of or in excess of
the applicable straight time shift including Satur­
days, Sundays, and designated holidays as set
forth in this agreement will be 2 times the ap­
plicable straight time zone rate, except as set
forth [elsewhere].
The rate of pay for all work performed out­
side of or in excess of the applicable straight
time shift, including Saturdays, Sundays, and
designated holidays as set forth in this agreement
in Zone 3 will be IV2 times the Zone 3 straight
time shift rate in effect at time worked, except as
set forth [elsewhere]. The rate of pay for all
work after the first 8 hours in 1 calendar day
in Zone 3 will be IV2 times the straight time
Zone 3 shift rate in effect.

In a few cases the regular overtime rate for a
particular craft was to match the premium rate of
other crafts working the same overtime hours under
the same general contract:
(16)

Overtime shall be paid ait the rate of IV2
times the regular wage rate except when crafts
working the same overtime period receive double
time for overtime, then carpenters working dur­
ing the same overtime period within the same
contract limit line and under the same general
contract will be paid double time rate.

Graduated overtime rates. Of the 769 contracts
studied, 65 provide for graduated daily permium pay.
These clauses require an increased overtime rate after
a specified number of overtime hours. About one-half
the clauses specify an increase after 10 hours of
work. Virtually all of the clauses stated double-time
as the higher rate:
(148)

After the agreed scheduled starting time and
work day has been established, any time worked
outside of such hours on said 5 days, either be­
fore starting time or after quitting time, shall
be as follows: The first 2 hours shall be at time
and one-half and all others will be at double-time.

Restrictions on overtime. Although only two contracts




actually prohibited overtime, many placed various
limits on the employer’s right to schedule overtime
work. It was common for overtime to be allowed only
in an emergency, and then only with the approval
of the union:
(149)

No overtime shall be worked except in the
case of an emergency and the contractor or his
representative shall obtain permission from the
responsible representative of the local union in
whose jurisdiction the job is located.

Distribution of overtime. Provisions requiring an
equitable distribution of overtime work were found in
approximately one out of eight contracts. Generally,
a clause of this nature requires the overtime to be
equally shared by all workers capable of performing
the work:
(150)

Overtime work shall be, as far as possible,
divided equally among the men on the job
qualified to perform the work in question.

Weekend premium pay
In construction, as in most other industries, Satur­
day and Sunday are considered days of rest, and
work on these days is subject to premium pay. Pro­
visions requiring premium pay for Saturday occur in
nearly 90 percent of the agreements surveyed, and
for Sunday in well over 9 0 percent.14 Almost 75
percent of the Saturday provisions establish a double­
time rate— a much higher proportion than in most
other industries; 95 percent of the Sunday provisions
also require double-time:
(30)

Work performed on Saturday, Sunday and
Holidays shall be paid at double the straight
time rate of pay.

Graduated Saturday rates. Graduated premium pay
clauses, usually stipulating an increase to double-time
after a specified number of hours, appear in over 20
percent of the contracts setting a time and one-half
Saturday rate. In about half the graduated provisions,
the higher rate applied after 8 hours of work. Four
agreements varied the hours subject to the higher
rate, and the remainder were equally divided between
14
In addition, some agreements that do not directly refer to
premium rates for Saturday or Sunday require an overtime rate
for all work outside of regular Monday-Friday hours.

clauses setting periods under or over 8 hours:
(151)

On Saturday work, the first eleven hours shall
be at time and one-half and all additional hours
at double-time.

Restrictions on weekend work. Provisions restricting
the employer’s right to schedule Saturday and Sunday
work appear in 20 percent of the agreements; a few
other agreements restrict work on Sunday only.
Usually, work is not allowed without union ap­




proval. Under some clauses, work is permitted only
in emergencies:
(152)

Employees shall not work between 12:00
midnight Friday and 6:00 P.M. Saturday nor on
Sundays except in cases of emergency or to pre­
vent loss of life or property. In all such cases
a permit stating the number of men must first
be secured from the office of the union.

(153)

No work shall be performed on Saturday,
Sunday or Holidays without permission from the
union.

Part V II.




Wages and Wage Related Provisions
Page
Basic wage r a te .......................................
Deferred wage increases.................................................................................................
Reopener cla u ses.............................................................................................................
Bonding requirem ents.....................................................................................................
Penalties for employer d efa u lt.......................................................................................
Maintenance of r a te ........................................................................................................
Travel and transportation allow ances.........................................................................
Transportation......................................................................
Travel tim e ...............................................................................................................
Meals and lod gin g................................................................
Parking allow ance................................................................
Per d ie m ...............................................................................
.
Shift work provisions............................................................
Shift work com pensation............................................
Restrictions or prohibitions on shift w o r k ...........
Premium pay for hazardous or abnormal conditions
.

36
36
36
37
37
38
38
38
38
38
39
39
39
39
39
40

Part V II.

Wages and W age Related Provisions

Basic wage rate
In almost all of the contracts surveyed the basic
wage rate was stated as either a single or a minimum
hourly rate of pay. The single or flat rate of pay,
found in 75 percent of the agreements, provides for
a uniform wage applicable to all covered journeymen.
The minimum wage rate requires the employer to
pay the base rate, yet allows the payment of a higher
rate at the employer’s option. This may be done, for
example, in a tight labor market to attract qualified
workers:
(154)

(155)

The rate of wage to be paid under this agree­
ment to sprinkler fitters shall be $8.40 per hour
effective August 1, 1974.
Wages: Effective June 1, 1973 the minimum
rate of wages shall be:
General foreman— 20% above journeyman’s rate
of pay
Foreman
— 10% above journeyman’s rate
of pay
Cable splicer
— 10% above journeyman’s rate
of pay
Journeyman fireman ........................ $8.55 per hr.
Journeyman technician .................... $8.55 per hr.
Construction stockman— 50% of journeyman’s
rate of pay.

Deferred wage increases
T o increase the stability of the collective bargain­
ing relationship, and to reduce the risk of work stop­
pages, most contracts have a duration of 2 years or
more. Deferred wage increases provide periodic or
automatic wage adjustments to compensate for anti­
cipated changes in the cost-of-living, area and indus­
try wages, and company profits and related economic
conditions which may be expected to occur during the
life of the contract. Over 80 percent of the contracts
studied had deferred wage clauses:




(156)

EFFECTIVE DATE
9-1-73 3-1-74 9-1-74 3-1-74
General fore­
man pay scale
shall be 1.226
times journey­
man wage scale...

11.52

11.83

12.44

12.75

Foreman pay
scale shall be
1.113 times
journeyman
wage sc a le ........

10.46

10.74

11.30

11.58

Sub-foreman pay
scale shall be
1.056 times
journeyman
wage scale ........

9.93

10.19

10.72

10.98

Cable splicer
pay scale shall
be 1.046 times
journeyman
wage scale ........

9.83

10.09

10.62

10.88

Cable splicer
foreman pay
scale shall be
1.113 times
cable splicer
wage scale........

10.94

11.23

11.82

12.10

Journeyman
wireman pay
scale shall be ....

9.40

9.65

10.15

10.40

Reopener clauses
Many agreements include a reopener clause al­
lowing either party to request renewed negotiations
on specific issues prior to the expiration date. While
many reopener clauses restrict the area under con­
sideration to wages, some enumerate noneconomic
issues which may be discussed:15
15
Table 65 page 40 in Characteristics of Construction Agree­
ments (BLS Bulletin 1819) regarding reopener clauses is in­
correct. The corrected statistics are in the table on page 37.

(157)

It is further agreed by and between the
parties hereto that this contract may be re­
opened for negotiation of wages only on or before
June 1, 1973 by either party notifying the other
party in writing at least 90 days prior to said
date; this agreement shall expire on June 1, 1974.

completion of the project. To insure that wages or
payments to funds established by the contract will be
paid, over one-half of the contracts surveyed required
the employer to secure a bond in an amount sufficient
to cover all or a portion of his obligation:

(158)

If during the life of this agreement, the ma­
jority of building trades crafts affiliated with the
Detroit Building Trades Council go by contract to
a shorter work day (less than 8 hours), or a
shorter work week (less than 40 hours), [the
union] shall have the right to reopen this agree­
ment for the purpose of negotiating with the
employer with respect to such shorter work day
or work week. Upon [the union] giving to the
employers 60 days notice of its intention to re­
open the contract for a shorter work week or
work day only, it shall be the duty of the parties
to immediately commence negotiations on this
subject, upon the expiration of the 60 day period.

(146)

Each employer shall procure and maintain, at
his own expense, a surety bond in the principal
sum of $10,000.00 to guarantee payment of
wages, Pension, Welfare and Apprentice Educa­
tion and Training Fund contributions during the
term of this agreement.

(28)

Each employer shall furnish a surety bond to
the Trustees of the Welfare and Pension Funds
and of the Vacation Plan, and of any other jointly
administered funds which may hereafter be estab­
lished, in the sum of $5,000.00, in order to se­
cure the payments of the various fringe benefits
provided for in this agreement.

(159)

In the event of war, declaration of a national
emergency or imposition of economic controls by
any Federal authority during the life of this agree­
ment, the parties agree to reopen this agreement
for re-negotiation of matters dealing with wages,,
hours or other working conditions.

Contract reopener provisions in construction
agreements, by union, 1972-73
Unions
Alt unions
Asbestos Workers (H F IA )..............
Boilmakers (BBF) ..... ....................
Bricklayers (BMP) ..........................
Carpenters ( C J A ) ............................
Electrical Workers (IBEW)..............
Elevator Construction (IU E C ).......
Ironworkers (B SO IW ).....................
Laborers (L IU N A )...........................
Lathers (W W M L).............................
Operating Engineers (IU O E )........
Painters (P A T )................................
Plasterers (O P C M ).........................
Plumbers (PPF) ..............................
Roofers (RDW W ).............................
Sheet Metal Workers (SM W )........
Teamsters (IBT) (In d .)....................

Agreements

Workers

199

404,240

6
7

1,080
19,750
7,700
132,000
61,535
16,000
21,400
45,350
2,145
31,625
13,060
8,545
21,490
2,040
9,855
10,665

Penalties for employer default
Most of the contracts enumerated the recourses
the union might take if the employer failed to make
wage and fund payments as required by the contract.
Of the 656 agreements found to have such a clause,
56 allowed the union to withhold the services of its
members, 149 provided for a monetary penalty and
451 stipulated a combination of the two. The workers
sometimes were allowed to picket the work location.
Many of the clauses required the company to bear all
expenses related to collection of payments due:

8
11
10
12
14
14
19
6
14
8

(111)

Any employer who fails to have sufficient
funds in the bank to meet all pay checks issued
to employees shall be liable also for the cost of
collecting the amount due and the defaulting em­
ployer is to be deprived of the right to pay by
check.

(160)

The union agrees that it shall not withdraw
employees unless reports and/or payments or
contributions remain unpaid or delinquent on or
after the 25th of the month following the month
for which they are due and the employer agrees
that the union may, at its discretion, withdraw
employees on the 25th or any day thereafter,
upon written notice of delinquency given prior
thereto.

(161)

12
14
43
1

Failure of the employer to comply with this
article or any part thereof may be treated by the
local as a breach of the working agreement be­
tween the local and the defaulting employer; and
notwithstanding other provisions of this agree­
ment . . . or otherwise to the contrary, immediate

Bonding requirements
The financial instability of some smaller contrac­
tors has at times been a problem in the construction
industry. Many individual contractors receive pay­
ment for work performed only after partial or total




work stoppage and the use of picket lines against
such defaulting employer are permitted. Any
cost, inclusive of legal fees, incurred by the local
in the collection of obligations to make payment
due the Welfare, Pension, and Apprentice Pro­
gram Funds shall be borne by the defaulting
employer.

Maintenance of rate

Transportation. Nearly 80 percent of the agreements
provided transportation or an allowance for expenses
incurred for transportation to distant locations. Most
clauses applied daily transportation allowances to jobs
within commuting distance. Some provided only for
transportation at the beginning and the end of a proj­
ect located beyond a commutable distance, and
others allowed for both situations:
(131)

During a workday an employer may want to
move a worker between classifications or operations
paying different rates. A little more than one in 10
agreements surveyed required the employer to com­
pensate such workers at the higher wage rate for the
entire workday. The clauses sometimes allowed only
one transfer per day or restricted the conditions under
which an employee might be shifted:
(141)

(162)

Employees covered by this agreement may be
shifted only once during a day from a first to a
second machine, and shall finish the day on the
second machine, and they shall receive the higher
rate of pay for the day.
When cement mason vacancies caused by
sickness or other unavoidable absences occur be­
yond the control of the contractor or when a
contractor does not have a cement mason em­
ployee available on the job site to fill the vacancy
for the work to be performed, he may use any
employee on the project without regard to craft
jurisdiction.
In such cases the employee shall be paid the
rate for the classification of work which he is
required to do; provided, that under no such cir­
cumstances shall an employee J)e paid at a lower
rate than that of the classification under which
he was working immediately prior to the tem­
porary assignment.

Travel and transportation allowances
The area serviced by a contractor may include
work projects located a considerable distance from
the union’s primary work area. Many contracts pro­
vide certain allowances for employees required to
travel to work areas considered remote.
Various standards were used to define travel in
excess of a reasonable distance. Travel limits often
were in terms of a fixed distance from the center of
town, the town hall, or the union hall, while other
limits are placed at the town or city boundary, or
union jurisdictional limits.




Employees when working outside the city and
do not return daily shall be paid board, lodging,
and transportation. When work is located 50
miles or over from the city, one round trip
transportation fare will be allowed.

(163)

On a job which is located in the territorial
jurisdiction of a local union and which is 18 miles
or more, over the shortest distance by road, from
the City or Town Hall of the headquarters of
such local union, the employer agrees to pay two
dollars per day as travel expenses to each em­
ployee for each day he works.

Travel time. Approximately half of the agreements
provide paid travel time, usually at straight time pay,
to workers required to travel beyond the union’s
jurisdiction, or other considerable distance to the
jobsite:
(164)

When workmen are sent to work by their
employer outside the jurisdiction of the local
union, they shall receive straight time pay for the
time spent in traveling to and from the job.

(100)

Traveling time shall be counted as working
time and shall be paid at the regular rate of pay.

Meals and lodging. Workers required to travel be­
yond a normal commuting distance to the work
location were provided room and board allowances
in one of five contracts studied. An additional 6 per­
cent of the agreements contained clauses furnishing
meals alone:16
(165)

When employees are sent out of the jurisdic­
tion to work, the employer shall. . . if traveling
through the night is necessary . . . pay for sleeping
accommodations, and on such out of town job
where the employee must pay for board and
lodging, the employer shall pay such board and
lodging in addition to the traveling expenses as
provided for herein.

16
These provisions usually referred to “board” and in fact
may have meant the term to cover both meals and lodging.

Parking allowance. About one in five contracts re­
quires the employer to provide parking areas, or a
parking allowance to cover the cost of commercial
parking, where convenient free parking is not avail­
able. Many clauses require the employee to present
a receipt for parking expenses to prove eligibility for
the allowance:
(166)

Barking fees will be paid by the employer in
the downtown Oakland area or at the Berkeley
University of California area provided there is
no free parking within 2 /1 0 of a mile of the
jobsite.

(67)

Where free parking is not available, the em­
ployer will reimburse an employee a sum, not to
exceed $.80 per day, upon presentation of his
receipt for his parking. The employer has the
option to designate the parking area.

(36)

In the event free parking facilities are not
available within 3 blocks of a jobsite, the em­
ployer will provide such facilities and the em­
ployer shall have the right to designate parking
areas to be used. Where, because of congested
parking conditions, it is necessary to use public
facilities, the employer shall reimburse the em­
ployee for the cost of such parking upon being
presented with a receipt of voucher certifying to
the cost thereof, such reimbursement to be made
on a weekly basis or at the conclusion of the
project, whichever occurs earlier.

Per diem. Approximately four of 10 contracts pro­

lowest in the asbestos, lathing, painting and roofing
crafts.
From the worker’s point of view, work outside
the normal daily tour generally is not considered
desirable. To compensate workers on the second
and third shift, several types of differential are used.

Shift work compensation. The most prevalent form of
shift work compensation, time differential, appears
in 303 of the 438 contracts having a shift work
clause. Time differential generally provides a stand­
ard workday’s pay for less than the standard number
of daily work hours, thereby, in effect, yielding a
higher hourly rate:
(26)

Where shifts are employed there shall be 8
hours straight time pay for IV2 hours work on the
second shift and 8 hours straight time pay for
7 hours work on the third shift.

Of the 438 contracts having a shift work clause,
104 provided for compensation through money dif­
ferentials alone, with 31 stipulating compensation
of time and money.
Ninety-two of the 135 clauses including money as
all or part of the differential required the payment
to be calculated as a uniform percentage of the stand­
ard wage rate. Virtually all of the remaining contracts
provided for a cents-per-hour differential:
(167)

The rate of pay for work on an extra shift
for the first 5 days of the regular work week
as above specified (hereinafter referred to as the
“extra shift rate”), shall be 10 percent above the
[standard wage rates].

(25)

During the term of this agreement or until
such time as a uniform shift agreement is agreed
upon, employees on the second shift shall be paid
10* per hour and employees on the third shift
15* per hour more than those on the first shift.

vide for a per diem allowance. This is a fixed daily
amount to cover room, board, transportation, and
other expenses associated with work at a distant loca­
tion:
(142)

When members of the District Council are
required because of job location, to live away
from their place of residence, they shall receive
not less than the regular rate of pay, plus $12.50
per day, to cover expenses from the daite of leav­
ing until the day of their return, inclusive, to their
home area.

Shift work provisions
Clauses providing for shift operations appear in
438 contracts. Multiple shifts may be useful in some
crafts to make more efficient use of costly tools and
equipment to increase productivity, or to meet dead­
lines or high seasonal demand. The incidence of shift
work clauses was highest in contracts covering boiler­
makers, iron workers, carpenters and laborers, and




Restrictions or prohibitions on shift work. Restric­
tions on the use of shift work, or the use of the em­
ployee as a shift worker, were found in 334 of the
769 contracts examined.
The most prevalent restriction, found in about a
third of the contracts, prohibited shift work opera­
tions scheduled for fewer than a specified number
of days. This prevents contractors from using short­
term shift work to avoid overtime:
(168)

There will be no shift work where less than
5 full days are worked unless mutually agreed
to by the contractor and union.

(127)

There shall be no shift work without the
consent of the union: each shift shall work for
a period of not less than 5 consecutive regular
work days or 5 consecutive calendar days.

Shift work operations often were allowed only
after receiving union approval, as noted in 105 of
the agreements:

basis. The most common hourly payment was 25
cents, occurring in 122 agreements. Clauses providing
for increasing the differential with the degree of haz­
ard, such as height in feet, were found in 54 contracts,
with an additional 39 agreements requiring a varying
rate of compensation by type of work:
(173)

(169)

There shall be no shift work on any job un­
less there is specific permission obtained in ad­
vance by the employer from a business repre­
sentative of the union.

A prohibition against an employee working more
than one shift in a 24-hour period was present in 91
contracts:
(170)

No employee shall be allowed to work more
than one shift for any employer or employers
within any 24 hour period.

Prohibitions on overlapping shifts were relatively
rare. A s different shifts generally receive different
compensation, this type of clause serves to rule out
work being done at the same time for different rates
of pay:
(171)

...th e r e shall be no overlap of the regular
working hours of the various shifts-----

Occasionally, an employer is restricted in his
right to transfer workers between shifts. This restric­
tion was found in 45 agreements:
(172)

Ironworkers working on multiple shifts shall
not be interchangeable with those working on a
single shift basis.

Premium pay for hazardous or abnormal
conditions
Construction workers risk injury more than
workers in most other industries. It is quite common
for construction workers engaged in particularly
hazardous tasks, as in erecting tall buildings or digging
tunnels, to receive a hazard premium. Provisions re­
quiring pay differentials for work performed under
hazardous conditions were found in nearly half of
the contracts surveyed. They were most prevalent
in the carpentry and painting trades.
Of the 368 agreements stipulating hazard pay,
318 provided the differential on a flat cents-per-hour




For all hazardous work there shall be paid
a premium of 25t per hour while the craftsman
is so engaged. For the purpose of this section
hazardous work is defined to be:
(1) Working on a scaffold or tower where the
floor or ground level or place of excavation is
25 feet or more below or above.
(2) While building is in framing stage, work
within 5 feet of edge of any building or un­
covered shaft when same is 25 feet above floor
below or ground level or place of excavation;
hazardous exposure to cease in this area when
guard rails are installed.
(3) Work in excavated pits (basements not in­
cluded) cofferdams, etc., 10 feet or more
below the ground or water level.
(4) While working on equipment which is being
used to process caustic materials such as lime,
creosote and/or acids.
(5) Any area where there is an indication of
possible falling objects, such as logs, rocks, etc.,
from equipment which is in operation. Hazardous
pay does not apply when equipment is not in
operation.

Payment as a percent of the hourly rate was re­
quired in 46 agreements; a hazard rate of 50 percent
(time and one-half) was the single most prevalent,
occurring in 13 contracts:
(174)

Swing Rate: Shall be 15% in excess of the
journeyman rate for work performed on swing
scaffolds.

Fewer than 10 percent of the contracts require
differential payments for work performed under ab­
normal or unpleasant working conditions— such as
extreme temperature, noxious odors, or inclement
weather. Nearly all of the 74 clauses provide a flat
cents-per-hour compensation, with 34 of these setting
the rate at 25 cents per hour:
(175)

All tenders to the mason trades shall receive
50 cents per hour hot and dirty time when doing
refractory-type work, including boilers, incinerator
repair, kilns and digesters.




Part V III.

Paid and Unpaid Leave
Page

Rest p e r io d s................................................
Cleanup t im e ..........................................................
Portal-to-portal p a y ............................................
Paid meal period or meal during o v ertim e..........
Call-in, call-back p a y ...................................................
Premium pay for working through lunch period .
Reporting p a y ...............................................................
Waiver of reporting p a y ...............................
H o lid a y s............................................................

42
42
42
43
43
.4 3
43
44
44

Part V III.

Paid and Unpaid Leave

Paid and unpaid leave provisions, with the excep­
tion of reporting and cleanup pay, are less prevalent
in the construction industry than in other industries
encompassed in studies of major collective bargain­
ing agreements. Reporting and call-in or call-back
pay provisions guarantee certain periods of work or
pay. They may be considered paid leave only when
workers report or are called in, but sufficient work
is not available. Because most construction vacation
plans are funded, paid vacations are discussed in part
X , Employee Benefits.

Rest periods
On physically demanding, hazardous, or repeti­
tive operations, the periodic work break may increase
productivity while reducing fatigue and worker error.
Clauses of this nature, found in almost one of four
construction agreements, generally state the number
and duration of the daily rest periods, and, occasion­
ally, the specific time of day they are to be taken.
Many clauses prohibited workers leaving their specific
work area during the break. Breaks were subject to
termination if abused:
(153)

(176)

All laborers are to be allowed a mid-morning
coffee break of 10 minutes duration. Men are not
to congregate, but are to remain at or near their
places of work. If the employer believes that this
privilege is being abused, he shall notify the union
and the union shall be given 24 hours in which
to correct the abuse. If, after giving the union
this opportunity, the employer believes the abuse
to be continuing, he may withdraw the privilege
of the coffee break. Should the privilege be
withdrawn as provided herein, the union may
refer the matter to the joint bargaining committee,
whose decision shall be final.
The employee shall be entitled to a break in
the forenoon and afternoon, and shall not other­
wise hinder the progress of the job. The break
shall not exceed 10 minutes from the time the
employee stops working until he resumes work




and [is] to be taken in the close proximity of
the employee’s work station.
(26)

An employee shall be entitled to a break
which shall not exceed 10 minutes from the
time the employee stops work until work resumes,
in the morning and afternoon. The break shall
be restricted to close proximity to the employee’s
place of work on the job site, and shall not hinder
the progress of work.

Cleanup time
More than 28 percent of the agreements provide
paid time for washing up, putting away tools, and
changing clothes before quitting time. Some clauses,
particularly those covering employees performing ex­
tremely dirty work or using caustic or toxic sub­
stances, allow cleanup time both before lunch and
prior to quitting time:
(177)

Bricklayers and masons who work on jobs
and expose themselves to extreme temperatures
or work with black mastics or any other material
that may be injurious to health shall be allowed
sufficient time to wash up before eating lunch and
before quitting time. All cleaning material shall
be furnished by the employer.

(178)

Each cement mason shall be allowed adequate
time before quitting time to store his tools, washup, and otherwise prepare to leave the job.

Portal-to-portal pay
Approximately 1 in 10 contracts provided portalto-portal pay for workers required to spend consider­
able time getting to their specific work location after
reaching the employer’s premises. Such a situation
may exist at a large construction project, industrial
plant or high rise building. The highest prevalence was
in the bricklaying trade:
(179)

Pay for all work or time spend underground
in the performance of contractor’s work shall be

computed on the basis of portal to portal.
(86)

It is agreed that employees covered by this
agreement shall be granted a reasonable length
of time to reach and return from isolated sites,
which would be encountered on premises of large
plants.

(150)

On a project covering a large area, workmen
shall report for work at an accessible starting
point designated by the employer and shall be
released from duty at the same point at the
completion of the shift. The pre-designated point
shall in no case be at other than ground level
of the project. Any travel time between the pre­
designated starting point and the point where the
work is to be performed and return shall be con­
sidered working time. The pre-designated start­
ing and quitting point shall not be changed
during the shift. The prior sentence is not intend­
ed to apply to work on highways, canals, flood
control systems and metropolitan areas.

return. When the time to care for the call extends
beyond the employee’s starting time of the next
regular working day, then in that event the
straight time rate shall apply during such regular
working day.

Premium pay for working through lunch period
To compensate the employee for the inconvenience
of working through, or advancing or postponing the
lunch period, one in five contracts provides for pre­
mium pay for work performed during the regularly
scheduled meal period:
Employees shall not be required to work more
than 5 hours from the start of shift without at
least Vi hour break for lunch. If they are re­
quired to work past this time, they shall be paid
for the lunch period at the applicable overtime
rate and must be allowed time to eat their lunch.

(66)

There shall be a lunch period at the end of
the first 4 hours of work on any shift. However,
if job circumstances require the employee to work
during the usual lunch period and take his un­
paid lunch period at some other time, then the
work performed during the usual lunch period
shall be paid for at double time.

(182)

Paid meal period or meal during overtime

(181)

Employees required to start their lunch period
more than 15 minutes prior to the start of the
regular lunch period on the job, or more than 15
minutes after the start of the regular lunch period
on the job, shall receive the overtime rate of pay
for their lunch period.
Employees shall work through the lunch
period only on orders from the foreman or
employer.
Employees required to work without time off
for lunch period shall receive double time for

While 132 contracts call for a paid meal period
after a specified number of overtime hours, only 27
agreements provided for a paid meal during the over­
time:
(121)

When overtime work is performed at the end
of a work day, the employer shall supply a meal
if such overtime extends beyond 2 hours.

(122)

The employer will provide a paid 20 minute
supper period to all employees where they are
required to work beyond the tenth hour.

Call-in, call-back pay
Approximately 10 percent of the contracts stud­
ied provide special pay treatment for employees who
are called in or called back for work outside of regu­
lar schedules, or without advance notice.
Most such clauses guarantee either 2 or 4 hours
work or pay. Compensation usually is at the premi­
um rate:
(50)

Men called out for work outside their regu­
lar working hours shall receive no less than 2
hours at double time.

(180)

When men have left the premises after having
completed their regular day’s work and are called
back to work, they shall receive a minimum of 4
hours pay at the established rate, time to start
when men are called and continue until they




the half-hour worked in lieu of time off for lunch.

Reporting pay
Of the 769 contracts studied, 707 contain pro­
visions requiring reporting pay guarantees. When an
employee reports for work at the instructed time, the
employer must provide a specified number of hours’
work or the equivalent in straight-time pay. The re­
quirement, common in most industries, assures the
employee compensation for the inconvenience and
expense of coming to work, and encourages the con­
tractor to efficiently schedule the work and call in no
more workers than needed. Reporting pay is not re­
quired, generally, when adequate notice not to report

is given. Of those contracts having a reporting pay
clause, more than half provide a single guarantee,
most commonly 2 hours. The remaining clauses
stipulate a graduated reporting pay guarantee, with
employees required to work past the initially guaran­
teed hours before becoming eligible for further guar­
antees:
(52)

When men are directed to report to the job,
and do not start work due to weather conditions,
lack of material, or other causes beyond their
control, they shall receive two hours pay at the
prevailing rate of pay, unless notified before leav­
ing home, and upon the request of the employer,
they shall remain available on the job for this
two-hour period. In the event that men are put
to work during this first two-hour period, but are
unable to continue work due to weather condi­
tions, they shall receive, only, the two-hours re­
ferred to above. However, at the employer’s re­
quest, workmen will remain on the job after the
first two-hour period and, if so requested, work­
men will receive a minimum of four hours pay
and shall be required to remain on the job, if so
requested by the employer. If requested to stay on
the job beyond four working hours, workmen will
receive a minimum of six hours pay, and may
be required to remain on the job. If requested
to stay on the job beyond six hours, workmen will
receive a minimum of eight hours pay, and may
be required to remain on the job.

One of five contracts guaranteed reporting pay
to prospective employees referred to the worksite at
the request of the contractor. Over half of these
clauses called for 2 hours’ work or pay, while vir­
tually all of the remaining provisions stipulated 4 or
8 hours:
(107)

(183)

New employees reporting for work at the
request of the contractor, at the time requested,
must be put to work or paid 2 hours’ showup
time except when weather conditions prevent
operations at such time.
Any new employee who reports for work at
the request of the employer shall receive 2 hours
pay if not hired by the employer and put to work,
and at no time shall an employee be held on the
job without being paid for the time held.

Waiver of reporting pay. Approximately two of three
reporting pay clauses contain waivers which eliminate
or reduce the contractor’s obligation to provide work
or pay in inclement weather or other circumstances
beyond his control. While some waivers abrogate only




part of the reporting pay guarantee, four of five
eliminate the guarantee altogether:
(38)

Men ordered to report to a job and not put to
work shall be entitled to 2 hours’ pay, except
when they cannot work because of weather or
because of disaster on a job wherein no other
trades are permitted to work, provided the men
remain on the job during the said 2 hours.

(118)

Employees who are not put to work after
having been instructed to come to work shall be
paid 4 hours, except when they are not put to
work because of an act of God or because of an
accident beyond the employer’s control.

Holidays
Clauses stipulating days off in observance of Fed­
eral, State, local, or other specified holidays occur in
all but 2 percent of the contracts. The prevalence of
paid holidays in the construction area, however, is
much less than in most other industries, with nine of
10 agreements providing only nonpaid days off.
Some additional agreements indirectly provide for
holiday pay through vacation and welfare funds. Pay­
ments may not coincide with individual holidays,
however.
The 754 contracts having holiday clauses provided
as few as 4 and as many as 11 holidays. Of these, 87
percent stipulated 6, 7, or 8 observed days. A few
allowed the employee to designate a specified number
of personal holidays:
(138)

Holidays are: New Year’s Day, Memorial
Day, July 4th, Labor Day, Thanksgiving and
Christmas.

(86)

All work done on Saturday, Sundays, Christ­
mas Day, New Year’s Day, Decoration Day, 4th
of July, Thanksgiving Day and Labor Day shall
be paid for at the rate of double time.

(184)

Employees who have been on employer’s
seniority list for a period of 1 year from date of
hire and who shall have worked a minimum of
130 days, in the year previous to his anniversary
date, shall be eligible for the following paid
holidays: Memorial Day, Independence Day,
Labor Day and 5 personal holidays.

Of the 686 contracts providing for unpaid holi­
days, more than 95 percent required double time for
work performed on those days:

(185)

Double time must be paid for work performed
on Saturdays, Sundays and the following holi­
days: New Year’s Day, Christmas Day, Decora­
tion Day, Fourth of July, and Thanksgiving Day.

Most of the contracts providing for paid holidays
also stipulate rates of pay for work performed on the
designated days. Of the 56 contracts requiring prem­
ium rates for work performed on a paid holiday, two
of three provide triple time— actually double-time
pay plus the straight-time pay the worker would have
received had he not worked:
(141)

formed only in emergencies or to* preserve life or prop­
erty. Some require the approval of the union or man­
agement and in a few cases, both. Work on Labor
Day is generally prohibited :
(186)

The following days shall be known as Holi­
days on which there shall be no performance of
any work:
Sundays, New Year’s Day, Washington’s
Birthday, Decoration Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas
Day.
No work shall be performed on any of the
[above listed holidays] unless in each instance
written permission is first obtained from the as­
sociation and the union.

(187)

There shall be no work on Labor Day, ex­
cept in special cases of emergency.

(141)

Only in case of emergency shall work be per­
formed on Labor Day.

Work performed on holidays shall be paid for
at the triple time rate, which includes holiday
pay.

While very few construction agreements provide
for paid holidays, six of 10 prohibited or restricted
work on some or all of the named holidays. Many of
the contracts specify that holiday work may be per­







Part IX. Dispute Settlement Procedures
Page
Grievance and arbitration
Jurisdictional dispute procedures .
Strike and lockout bans
Favored nations .

47
48
48
48

Part IX.

Dispute Settlement Procedures

Grievance and arbitration

cation of a member or members of the Arbitra­
tion Committee, such vacancy shall be filled by
the party of the first part or the party of the
second part, as the case may be, at its next regu­
lar meeting.
The Joint Arbitration Committee shall con­
sist of three members elected by [the associa­
tion] and three members elected by [the union].
They shall have full power to enforce this agree­
ment entered into between the parties hereto; to
make and enforce all lawful working rules gov­
erning both parties and such other matters that
may be of mutual interest and benefit to em­
ployers and employees, parties to this agreement.
There shall be no cessation of work on ac­
count of any dispute or misunderstanding. Should
any dispute or misunderstanding arise, the same
shall be referred to the Joint Arbitration Com­
mittee, who shall meet within two working days
upon written request upon either party. In case
they cannot agree, the Executive Board of the
International Union shall be notified of the situ­
ation and at the expiration of 10 days, the Joint
Arbitration Committee shall select an umpire
whose decision shall be final and binding on
both parties.

The grievance procedure is a mechanism for ad­
judicating an employee’s complaint (usually con­
cerning work or working conditions) at successively
higher levels of management and the union. While
in most industries the progressive levels of considera­
tion involved in a grievance from the first step to the
conclusion remains within the firm and the local
union, most construction industry agreements pro­
vide for the employer association and the union to
handle the final stages of the process. If the issue has
not been resolved at the end of the grievance proce­
dure, as in other industries, arbitration is almost al­
ways used. In arbitration an impartial third party
renders a final and binding decision. Three percent
of the contracts provided solely for a grievance pro­
cedure, while more than 92 percent included both
grievance and arbitration systems:
(188)

(32)

There shall be no strikes, lockouts, slow­
downs or work stoppages because of complaints
or grievances until the following procedure is
carried out.
If a dispute arises concerning the administra­
tion of the contract, the steward will first take
the matter up with the employer’s superintendent
on the job. Failing agreement, the business rep­
resentative will then meet with the employer’s
representative in an effort to settle the dispute.
Still failing agreement, the business representative
shall not remove men from the job without the
permission of the executive committee of the
local union. The employer representative shall
immediately report the matter to his company
officials.
Under no circumstances shall the above men­
tioned strikes, lockouts, etc., take place before
one full work day has elapsed.
This procedure shall not apply to craft juris­
diction.
Both parties hereto agree that they will elect
a Joint Arbitration Committee to serve for 1 year
or until their successors are elected and qualified.
In case of death, expulsion, removal or disqualifi­




(189)

A Joint Conference Committee shall be ap­
pointed by the . . . association and the union. This
committee will meet at least once per calendar
quarter for the purpose of discussing and pro­
moting the welfare of the industry as a whole,
and resolving disputes, disagreements and griev­
ances. Special meetings may be called by either
party. At any meeting, an equal number of votes
will be cast by each party.
The Joint Conference Committee has the au­
thority to promulgate reasonable, uniform and
non-discriminating rules and regulations governing
the industry.
*

*

*

Disputes, disagreements and grievances will
be processed in accordance with the following
procedure:
(1)
Every attempt should be made to re­
solve an issue by the parties involved.

(2) In the event the parties involved are
unable to resolve an issue, it will be referred
promptly to the Joint Conference Committee
whose duties will be to meet within 24 hours to
resolve the issue. When in agreement, decisions
by the Joint Conference Committee shall be final
and binding on all parties to this agreement. The
Joint Conference Committee has the right to de­
termine remedies for all disputes submitted to it.
(3) If the issue cannot be resolved by the
Joint Conference Committee, a panel of 5 im­
partial arbitrators will be secured immediately
from a recognized agency which normally furn­
ishes such panels. The arbitrator will be selected
by each party striking an equal number of pro­
posed arbitrators from the panel. The remaining
individual shall be the arbitrator and his decision
shall be final and binding upon all parties con­
cerned. Expenses incurred in any arbitration case
under the provisions of this article will be borne
equally between the employer and the union.

Jurisdictional dispute procedures
Because of the number of different, yet closely
related, jobs and the changing state of construction
technology, among other factors, jurisdictional dis­
putes are more prevalent in construction than in other
industries. These disputes generally occur when two
unions or more claim jurisdiction over a particular
work assignment. Contractors and their associations
may be involved in the dispute through their interest
in maintaining contractual jurisdictions and avoid­
ing increased labor costs and strikes (which some­
times accompany such disputes even though they may
be banned by law and the agreement). One or more
procedures for settling jurisdictional disputes were
found in almost half of the agreements examined.
The majority of the clauses, 282, require that the
dispute be submitted to the National Joint Board for
Settlement of Jurisdictional Disputes in the Building
and Construction Industry if not settled at a lower
level:
(190)

(191)

All jurisdictional disputes shall be referred to
the Joint Board for Settlement of Jurisdictional
Disputes to be handled in accordance with its
rules and decisions.
All jurisdictional disputes shall be assigned
and settled in accordance with the procedural
rules and regulations of the National Joint Board
for Settlement of Jurisdictional Disputes in the
Building and Construction Industry.




A local joint union-management jurisdictional dis­
pute procedure was stipulated in 71 agreements, and
60 agreements referred the conflict to the interna­
tional unions for settlement if the issue could not be
resolved at the local level. A few contracts called for
the dispute to be settled locally through joint union
procedures:
(192)

If a dispute occurs and is not settled at the
local level, such dispute shall be referred for
resolution to the international unions, with which
the disputing unions are affiliated, which shall
resolve such jurisdictional dispute within 10 work­
ing days. If such dispute is not finally settled by
the international unions within such period, the
employer’s work assignment shall become final
and binding.

Strike and lockout bans
During the term of the contract, the grievance,
arbitration, and jurisdictional dispute procedures serve
as the legitimate channels for settlement of disputes.
To encourage peaceful settlement and continuity of
operations many contracts contain clauses prohibiting,
on either a limited or absolute basis, strikes and lock­
outs. Over 75 percent of the contracts contain such a
clause. The limited strike or lockout bans usually
specify those conditions during which these means
may be used. It is generally not considered a violation
of a strike ban to honor a legal picket line:
(193)

During the life of this agreement there shall
be no stoppage of work, strike, or lockouts. It will
not be considered a violation of this section of
the agreement if employees are compelled to
cease work due to respecting legal primary picket
lines as covered by State and Federal laws.

(123)

The union shall refrain from any strike or
slow-downs due to jurisdictional disputes, and the
contractor shall not take any action to lock out
the employees represented by the union due to
jurisdictional disputes.

Favored nations
Approximately 38 percent of the agreements con­
tained a “favored nations” clause. This type of clause
may prohibit the signatory parties from entering into
agreements with other employees or unions containing
more favorable terms. Where the clause does not
prohibit such activity it may require the more favor­

able terms of another agreement to become a part of
the original contract:
(194)

The union agrees that during the life of this
agreement it will not enter into any kind of agree­
ment with an individual employer or group of
employers which shall establish or cause terms or
conditions more favorable to any employer than
are expressed in this agreement. The employees
subject to this agreement shall not work for any
employer for any sum less than the rates estab­
lished by negotiations through the Joint Arbitra­
tion Board, nor shall they work for any party
under terms or conditions more favorable to the
employee than are provided for in this agreement.

(171)

As an assurance that all employers operating
in the territory covered by this agreement will be
subject to the same employment conditions, the
unions agree that they will not negotiate any
agreement with any employer performing similar
construction work in the area covered by this




agreement to operate under conditions less favor­
able to the employees covered by the agreement
than those set forth herein.
(36)

This agreement is separate and distinct from,
and independent of all other agreements entered
into between the union and other employer or­
ganizations irrespective of any similarity between
this agreement and any such other agreements,
and no acts or things done by the parties to such
agreements or notices given pursuant to the
provisions thereof, shall change or modify this
agreement or in any manner affect the contractual
relationship of the parties hereto. In the event the
union enters into any other agreement with other
employers or employer associations concerning
the type of work covered hereby in the area which
shall have terms more favorable to such em­
ployers or employer associations and the members
thereof than this agreement, then such more fa­
vorable provisions shall become a part of and
apply to this agreement.




Part X.

Employee Benefits
Page

V a ca tio n s.............................
Health and welfare plans
Pension p la n s .....................................................
Penalty for delinquent fund contributions .
Workers’ compensation .
Industry advancement fund

51
.5 2
52
53
53
53

Part X.

Employee Benefits

In most industries, the company hires employees
on a relatively permanent basis. It typically assumes
the entire responsibility for each employee’s nonwage
benefits, making some periodic payments directly to
the workers, as for vacations, and others for the
worker, as for insurance premiums or into pension
funds. Amounts due or accruing to an employee may,
as with vacation and retirement benefits, become
progressively larger with length of service. In the
construction industry, however, over time a worker
may be employed for short periods by many different
contractors. It would thus be impracticable to obtain
adequate benefits based entirely on service with each
employer. Employers therefore usually pay amounts
based on man-hours worked, or payroll hours, into
various central funds, from which premiums are paid,
or benefits are disbursed or credited to employees
based on time worked for all contractors party to
the agreement.
These funds are usually administered jointly by
the contractors’ association and the union, or by
trustees appointed by the two parties. While some
funds are general in nature, covering many benefits,
others cover only one, such as pensions.

(8)

Vacation and holiday pay shall constitute a
part of, and shall be included in all employees’
gross wages for the purpose of computing all
payroll withholdings, such as income tax, social
security and other required deductions, and then
shall be subtracted from the employee’s weekly
gross pay and transmitted by the employer to
such bank as will be designated by the trustees
of the Vacation and Holiday Fund, and that, each
employee shall be paid his vacation and holiday
monies in December of each year from the Va­
cation and Holiday Fund; and the employer shall
show on each employee’s pay check stub the
amount of vacation and holiday pay deducted.

(195)

It is a condition of employment that each em­
ployee does hereby authorize the employer to
withhold from his weekly pay check an amount
equal to 50tf per hour worked into a Vacation
Savings Plan Fund, effective on the date of this
agreement.
Payments shall be made monthly to a bank
selected by the union and acceptable to the em­
ployers. The employer shall make all legal payroll
withholding for income tax, social security, em­
ployment security, etc., from the total of wages,
including vacation allowance and shall withhold
the full amount of the vacation allowance at the
rate as listed above per hour worked, for trans­
mittal, on a monthly basis, to said bank.
The employers will, not later than the 10th
of the following month, forward a list of the in­
dividuals employed, showing the hours worked
and the amounts withheld from each, together
with a single check covering all employees, to
the designated bank.
Vacations shall be taken, and payment made
to the employee, in accordance with a plan
developed by the union and which contains all of
the provisions for the operation of the plan, pro­
vided, however, such vacation plan shall be sub­
ject to the written approval of the employers.

(196)

(1) For each month worked, drivers who
have been in the employ of their company for
less than 3 years shall be entitled to one-half
day’s pay as a vacation allowance. The one-half
day so earned each month shall consist of 4 hours
at his prevailing straight-time hourly rate.

Vacations
Ninety-five percent of the 468 contracts having a
vacation plan provided for a separate fund. A few
contracts specified unfunded vacation plans or vaca­
tion benefits paid from a general benefit fund. Vaca­
tion pay was usually based on the hours worked
during each benefit year, rather than any measure of
overall length of service. However, about half of the
surveyed Teamster agreements, which usually cover
more permanent employees, provided for vacation pay
based on the employees’ length of service. Employees
in the construction industry are likely to take their
vacation (when they are permitted to choose) be­
tween work projects or during winter months when
construction activity tends to slow:




Effective 5/1/71 to 10/31/71 inclusive 35*
per hour;
Effective 11/1/71 to 4/30/72 inclusive 40*
per hour;
For each hour of employment of each tile
layer apprentice and each tile layer employed by
the said employer during the contract period.
Such payments must be paid no later than 5 days
after the end of the weekly payroll period.

(2) For each month worked, drivers who
have been in the employ of their company for
more than 3 years shall be entitled to 1 day’s pay
as a vacation allowance. The 1 day so earned each
month shall consist of 8 hours at his prevailing
straight-time hourly rate. For the purpose of
determining 3 years service an employee must
have accumulated 30 months’ employment with
the employer as of the year in question.
(3) For each month worked, drivers who
have been in the employ of their company for
more than 10 years shall be entitled to IV 2 days’
pay as a vacation allowance. The IV 2 days so
earned each month shall consist of 12 hours at
his prevailing straight-time hourly rate.
(4) For each month worked, drivers who
have been in the employ of their company for
more than 15 years shall be entitled to 2 days’
pay as a vacation allowance. The 2 days so
earned each month shall consist of 16 hours at
his prevailing straight-time rate.

(134)

The employer and the union do hereby agree
to maintain a health and hospitalization trust
fund in accordance with the trust agreement that
has been established and approved by both parties
to this agreement. The employer agrees to pay
and contribute to said fund the sum of 51* per
hour for each hour worked for all journeymen
and apprentices in the employ of the employer.

(198)

There is hereby established a Bay Area
painters life insurance trust. That document en­
titled Bay Area Painters Life Insurance Trust
adopted and approved by the Board of Trustees
of the Bay Area Painters Trust Funds on Octo­
ber 21, 1971 is hereby incorporated herein by
reference and made a part of this agreement,
effective retroactively to July 1, 1971. The twelve
persons presently serving as Trustees of the Bay
Area Painters Trust Funds or their duly appointed
successors are hereby appointed as Trustees of
the Bay Area Painters Life Insurance Trust. All
provisions of the article herein entitled “Admin­
istration of Fringe Benefits” shall apply to the
Bay Area Painters Life Insurance Trust.

Health and welfare plans
Health and welfare plans, found in 9 of 10 sur­
veyed agreements, usually offer compensation protec­
tion in the event of death, illness, accident and, in
a few cases, loss of income. While most clauses were
general in regard to the benefits provided, some
listed specific areas of coverage, and a few agree­
ments established separate funds for individual bene­
fits. The most common form of organization is a
trust fund administered jointly by the employer and
the union, or by an insurer:

(197)

The parties have by agreement set up a fund
known as the Tile Layers Union # 6 Pa. Wel­
fare Fund, to be administered by a joint com­
mittee of 5 persons selected by the employers and
5 persons selected by the union, with an impartial
chairman selected by a majority of the joint
committee.
The purpose of such welfare fund is to pro­
vide the employees covered by this agreement
with medical and/or hospital care: compensation
for injuries and/or illness resulting from nonoccupational activities; and/or life insurance, dis­
ability, sickness and accident insurance, as set up
by a plan of group insurance benefits for said
employees.
The terms and conditions of payment to the
said employees from the above fund are deter­
mined by the parties hereto. The employers agree
to pay to the said welfare fund for the purposes
above mentioned:




Pension plans
Pension plans, like health and welfare plans, were
provided in 9 of 10 contracts surveyed. These plans
usually are supported by employer contributions to
trust funds based on employee hours worked. While
single employer pension plans may be managed uni­
laterally by the employer, or jointly with the union,
multiemployer programs, common to the construction
industry, must be administered by a joint labormanagement board or committee as required by the
Labor-Management Relations Act of 1947:

(199)

Effective June 1, 1973 each signatory con­
tractor shall contribute to the Southern California
IBEW-NECA Pension Trust Fund the sum of
$1.05 per hour for each hour worked by each
employee covered by this agreement.
A board of trustees for the pension trust fund
is hereby established, and shall consist of an equal
number of members selected by the union and
the employer. The board of trustees is hereby

authorized to establish and implement such trust
fund, pension plan, trust agreement and reporting
forms as they consider necessary to the finaliza­
tion of the pension plan. All disbursements shall
be in accordance with the trust agreement. The
cost of implementing and the administration of
the pension plan and trust, including legal fees,
bonding of trustees, postage, printing, etc., shall
be borne by and from the pension trust fund.

their families for loss of income as a result of occu­
pational illness, injury or fatality:
(117)

For all employees covered by this agreement,
the employer shall make regular payments to the
Federal and State Governments for Social Se­
curity, Workmen’s Compensation and Unemploy­
ment Insurance, as provided by law, and shall
furnish satisfactory proof of such to the union
upon request.

Penalty for delinquent fund contributions
Industry advancement fund
Most clauses establishing funds to provide bene­
fits also specify a course of action to be taken as a re­
sult of nonpayment or delinquent payment:
(109)

During the life of this agreement, each em­
ployer covered by or subject to this agreement,
shall pay to the Industry Advancement Program
(hereinafter referred to as I.A.P.) Fund, for each
employee covered by or subject to this agreement,
the amount of 4 1 per hour for actual time worked
by such employee with a maximum of 40 straighttime hours per week. These payments shall be
made not later than the 15th day of each month
following the month for which payment is to be
made. . . .
In the event an employer becomes delinquent
in his payments to the I.A.P. Fund, he shall be
assessed, and such employer hereby expressly
agrees to pay, as and for liquidated damages, the
sum of $1 per employee for each 30 day period,
or fraction thereof, that such employer is delin­
quent in making payments to I.A.P. Fund. If the
employees are removed from the job by the union
to enforce payments or liquidated damages as­
sessments, the employees shall be paid by the
delinquent employer for all lost time at the
straight-time hourly rate.
The association or its officers may, for the
purpose of collecting any payments required to
be made to the I.A.P. Fund, including damages
and costs, and for the purpose of enforcing rules
concerning the inspection and audit of payroll
records, seek any appropriate legal, equitable and
administrative relief, and they shall not be re­
quired to invoke or resort to the grievance or
arbitration procedure otherwise provided for in
this agreement.

Workers’ compensation
Clauses which require employer contributions
workers’ compensation insurance programs occur
60 percent of the agreements. These plans, as
quired by State law, provide payment to workers




to
in
re­
or

Somewhat fewer than half of the agreements in­
clude clauses providing for an industry advancement
program or fund. The purpose of these programs is
to promote activities which maintain or improve the
economic position of the industry, and, as such, ulti­
mately benefit the employee. While many of the ac­
tivities common to these programs deal with market
expansion or protection, many are involved in internal
affairs such as apprenticeship training and safety
promotion:
(200)

In addition to the per hour wage rate the
employer will contribute 2 cents per hour for each
actual hour worked by each employee covered
by this agreement to the St. Louis Construction
Advancement Foundation.
The reporting, payment and administration of
such contribution shall be governed by the terms
of the trust agreement creating the foundation.
Primary purposes for the foundation, as set
forth in the trust agreement, shall include appren­
ticeship training, advanced training and education,
safety education and other educational and in­
formational programs for employee and industry
betterment.
This section shall remain in effect and not
subject to renegotiation for 1 year after the termi­
nation of this contract.

While a few industry advancement programs are
jointly administered, most are unilaterally managed
by representatives of the employers:
(56)

Heretofore, by a certain agreement and dec­
laration of trust dated February 21, 1972, there
was established the Industry Advancement Pro­
gram of the Colorado Contractors Association,
Inc. This Industry Advancement Program, pur­
suant to the terms of said agreement and decla­
ration of trust, is to be administered by a Board
of Trustees composed of 5 contractor representa­
tives.

The Industry Advancement Program and its
fund have been created for the purpose of receiv­
ing, holding and administering and disbursing
funds to be used in promoting and advancing the
construction contracting business and industry in
the State of Colorado and more particularly but
not limited to the promotion of safety, education,
market development, industrial relations, public
relations, community service, disaster relief and




research. The Trustees have the power to approve
and finance from the fund means, plans and pro­
grams established to carry out the foregoing pur­
poses, except as they may be limited by collective
bargaining agreements of the Signatory Highway,
Heavy and Engineering Contractors Negotiating
Committee of certain contractors who are mem­
bers of the Colorado Contractors Association, Inc.

Appendix A .

Identification of Clauses

All unions are affiliated with the AFL-CIO except those followed by (Ind.).

Clause
number
i

2
3

4

5
6
7

8

9

10
11

12
13
14




Expiration
Date
Painting and Decorating Contractors of America, Inc.,
May 1974
Greater Detroit and Wayne Chapters
Painters (P A T )
May 1973
Associated Brick Mason Contractors of Greater New York, Inc.
Bricklayers (B M P)
June 1974
Lehigh Valley Construction Council, Inc.,
Allentown, Pennsylvania
Roofers (R D W W )
Electrical Contractors Association of Greater Boston, Inc.,
September 1973
and National Electrical Contractors Association, Boston Chapter
Electrical Workers (IBEW )
March 1974
Builders Association of Kansas City .
Laborers (L IU N A )
April 1973
Building Trades Employers’ Association, Cleveland, Ohio
Plasterers (OPCM )
Painting and Decorating Contractors of America, .
June 1973
Arizona Chapter Number 1
Painters (P A T )
Associated General Contractors of America, Inc., .
April 1974
Michigan Chapter
Operating Engineers (IU O E )
Ironworker Employers Association of Western
May 1973
Pennsylvania
Iron Workers (BSOIW )
October 1973
Area Boilermaker Agreement, Southeastern States .
Boilermakers (B B F )
May 1974
Painting and Decorating Contractors of America Inc., .
Western Washington Chapters and Northwest Drywall
Contractors Association
Painters (P A T )
April 1974
Connecticut Construction Industries Association, Inc. .
Teamsters (IB T ) (Ind.)
April 1972
Associated General Contractors of New Jersey .
Teamsters (IB T ) (Ind.)
February 1973
Glass, Glazing and Mirror Contractors of Los Angeles .
and Vicinity
Painters (P A T )

15

16

17

18
19

20
21

22
23

24

25

26

27

28
29

30

31




Associated General Contractors of America, Inc., . .
Northern and Central California Chapter
Laborers (LIU N A )
Associated General Contractors of America, Inc., .....................
Utah Chapter
Carpenters (CJA)
National Electrical Contractors Association, I n c .,............................
Buffalo Division
Electrical Workers (IBEW )
Mid-America Regional Bargaining Association, C h ica g o ..............
Operating Engineers (IUO E)
Associated General Contractors of America, Inc., Baltimore . .
Builders Chapter
Carpenters (CJA )
Association of Steel Erectors and Heavy E quipm ent.......................
Operators, Inc., Atlanta, Georgia
Ironworkers (BSOIW )
North Texas Contractors A ssociation ...................................................
Roofers (RDW W )
Associated General Contractors of A m erica ,.....................................
Inc., Houston Chapter
Laborers (L IU N A )
Associated General Contractors of America, I n c .,............................
South Florida Chapter
Laborers (LIU N A )
Associated Building Contractors of Colorado, ................................
Building Chapters, Inc.
Carpenters (CJA )
Associated General Contractors of S t L o u is.....................................
and 2 others
Ironworkers (BSOIW )
Associated General Contractors of Minnesota (Builders ............
Divisions) and Concrete and Masonry Contractors
Association of Minneapolis and St. Paul
Bricklayers (BM P)
Allied Construction Employers Association, Inc...............................
and Mason Contractors Association of Milwaukee, Wisconsin
Bricklayers (BM P)
Sheet Metal Contractors Association of New York City, Inc............
Sheet Metal Workers (SMW)
Sheet Metal Employers’ Association, Cleveland, Ohio, and
Cuyahoga County Sheet Metal Contractors’ Association
Sheet Metal Workers (SMW )
Sheet Metal and Air Conditioning Contractors of Southern . . .
California, Inc. and Heating, Ventilating and Air
Conditioning Contractors Association
Sheet Metal Workers (SMW )
Contractors Association of Eastern P ennsylvania,............................
Highway Work
Operating Engineers (IU O E)

33

...

34 . . .

35 . . .

36 . .

37 . .

38 . .
39 . .
40 . .

41 .

42
43

.

44 . .

Mason Contractors Association of Allegheny County, .
Pittsburgh, Pennsylvania
Bricklayers (BMP)
Contracting Plumbers Association of Brooklyn and Queens .
Plumbers (PPF)
Akron Association of Plumbing, Heating and Cooling
Contractors
Plumbers (PPF)
National Electrical Contractors Association, Inc., Rhode . .
Island and Southeast Massachusetts Chapter
Electrical Workers (IBEW)
Associated General Contractors of America, Inc., .
Northern and Central California Chapter
Carpenters (CJA)
Associated General Contractors of America, Inc., . .
Florida West Coast Chapter
Carpenters (CJA)
Allied Building Metal Industries, New York C it y ...................
Iron Workers (BSOIW)
Master Builders’ Association of Western Pennsylvania, Inc. .
Carpenters (CJA)
Associated General Contractors of Massachusetts, I n c ., ...........
Building Trades Employers’ Association of Boston and
Eastern Massachusetts, Inc,, and General Contractors
Association of Pittsfield, Massachusetts
Laborers (LIUNA)
Heating and Piping Contractors Association of Rhode . .
Island, Inc.
Plumbers (PPF)
San Diego Contracting Lathers Association .
Lathers (WWML)
Associated Contractors of Ohio, Inc., Associated General .
Contractors of America, Inc., Cincinnati Chapter
Operating Engineers (IUOE)
Associated General Contractors of Minnesota, Builders Division .

August 1972
May 1974

May 1973

June 1974

March 1973

June 1975
May 1973
May 1974

May 1973

April 1974
April 1975

April 1972

Operating Engineers (IU O E )

45 .
46 .

47 .

48 .

49 .




Contracting Plasterer’s Association of Southern California, Inc. .
Plasterers (OPCM)
Associated General Contractors of America, Inc., . .
Northern and Central California Chapter
Plasterers (OPCM)
National Transit Members, Nationwide Tank Erection . .
Contractors Agreement
Boilermakers (BBF)
Painting and Decorating Contractors of America, Inc., .
Birmingham Chapter
Painters (PAT)
Associated General Contractors of New Jersey, Inc., .
Operating Engineers (IUOE)

April 1973
June 1974

December 1974

March 1973

50

51
52

53

54

55

56

57

58

59

60
61
62

63
64
65

66

67




National Electrical Contractors Association, Inc., .
Northeastern Line Construction Chapter
Electrical Workers (IBEW)
Associated General Contractors of New Jersey .
Laborers (LIUNA)
National Electrical Contractors Association, Inc., .
Southeast Texas Chapter
Electrical Workers (IBEW)
Associated General Contractors of America, Inc., Detroit Chapter .
and Builders’ Association of Metropolitan Detroit
Laborers (LIUNA)
Associated General Contractors of America, Inc., . .
Southern California Chapter and 2 others
Plasterers (Cement Finishers) (OPCM)
Associated General Contractors of America, I n c .,.....................
Northern and Central California Chapter and six others
Ironworkers (BSOIW)
Associated General Contractors of Colorado, . .
Building Chapter, Inc.
Operating Engineers (IUOE)
National Electrical Contractors Association, Inc., . .
Michigan Chapter (Grand Rapids SMSA)
Electrical Workers (IBEW)
National Electrical Contractors Association, Inc., . .
St. Louis Chapter
Electrical Workers (IBEW)
Associated General Contractors of America, Inc., . .
South Florida Chapter, and 9 others
Carpenters (CJA)
General Contractors Association of New York, Inc. . .
Operating Engineers (IUOE)
Builders Association of Chicago . . .
Bricklayers (BMP)
Sheet Metal and Air Conditioning Contractors Association, .
St. Louis
Sheet Metal Workers (SMW)
Lathing Contractors of Southern California, Los Angeles .
Lathers (WWML)
Construction League of Indianapolis, Inc. .
Carpenters (CJA)
Associated Contractors of Ohio, Inc.? Cincinnati Division .
Carpenters (CJA)
Associated General Contractors of America, Inc., . .
Detroit Chapter and 3 others
Carpenters (CJA)
Associated Building Contractors of Northwestern Ohio, Inc. .
Carpenters (CJA)

69

..

70 ..............................

71

.

72 . .

73 ..............................

74 ..............................
75 . .
76 . .
7 7 .............................

78 .
79 . .

80 . .
81
82 .

83 .

84 . .

85 . .




Builders Exchange of Rochester, New York, Inc.,
Building Trades Erectors Association Division
Painters (PAT)
Lathing and Plastering Contractors of Louisville, Kentucky
and surrounding areas
Lathers (WWML)
Associated General Contractors of America, Inc., . .
Ohio Chapter, Central Ohio Division
Plasterers (OPCM)
Builders Association of Eastern Ohio and Western .
Pennsylvania, Sheet Metal & Roofing Contractors
Division
Roofers (RDWW)
National Electrical Contractors Association, . .
Inc., Penn-Del-Jersey Chapter
Electrical Workers (IBEW)
Mechanical Contractors District of C olu m b ia .....................
Association, Inc.
Plumbers (PPF)
New York State Line Construction Contractors, Inc. . .
Electrical Workers (IBEW)
Sheet Metal Contractors Association of San Francisco . .
Sheet Metal Workers (SMW)
Builders Association of Chicago . . .
Plasterers (OPCM)
Painting and Decorating Contractors of America, Inc. . .
Youngstown Chapter, Ohio
Painters (PAT)
Glazing Contractors of the St. Louis, Missouri Area . .
Painters (PAT)
National Electrical Contractors Association, Inc., . .
Florida West Coast Chapter
Electrical Workers (IBEW)
Area Boilermaker’s Agreement, Virginia . .
Boilermakers (BBF)
Master Lathers Association, Inc., Boston, Massachusetts .
Lathers (WWML)
Industrial Contractors and Builders Association . .
of Indiana and 2 others
Iron Workers (BSOIW)
The Master Builders’ Association of Western Pennsylvania,
Inc.
Laborers (LIUNA)
Building Trades Employers’ Association of The City . .
of New York
Plasterers (OPCM)
National Electrical Contractors Association, Inc., . .
Greater Cleveland Chapter
Electrical Workers (IBEW)

May 1973
April 1973

May 1973

April 1975

August 1975

June 1973
June 1974
May 1975
April 1973

October 1972
November 1974

April 1975
May 1975
May 1973

May 1973

June 1974

86

.

87 . .

88

89
90

91
92
93

94

95

96

97
98

99
100

101
102




Construction Industry Employers Association,
Buffalo, New York
Bricklayers (BMP)
Associated General Contractors of America, Inc., Rhode
Island Chapter, Rhode Island Steel Erectors
Association
Iron Workers (BSOIW)
National Electrical Contractors Association, Inc.,
Pennsylvania Chapter
Electrical Workers (IBEW)
Master Plumbers Association, Schenectady
Plumbers (PPF)
Association of Plumbing, Heating and Cooling Contractors,
Oklahoma City
Plumbers (PPF)
Michigan Road Builders Association
Laborers (LIUNA)
Marble Industry of New York, Inc.,
Bricklayers (BMP)
Associated General Contractors of America, Inc.,
Utah Chapter
Operating Engineers (IUOE)
Master Builders’ Association of Western Pennsylvania,
Inc.
Operating Engineers (IUOE)
National Electrical Contractors Association, Inc., .
Washington, D. C. Chapter
Electrical Workers (IBEW)
Building Trades Employers Association of Central
New York, Inc.
Bricklayers (BMP)
Boston Insulation Contractors Association
Asbestos Workers (HFIA)
Portland Association of Plumbing-Heating-Cooling
Contractors, Inc.
Plumbers (PPF)
Insulation Contractors Association of New York City
Asbestos Workers (HFIA)
Painting and Decorating Contractors of America, Inc.,
Tri-City Chapter, Indiana
Painters (PAT)
Southeastern Michigan Roofing Contractors Association
Roofers (RDWW)
Hartford General Contractors Association, Inc., a division
of Associated General Contractors of Connecticut, and
Masons’ Contractors Association of Hartford, Inc.
Bricklayers (BMP)
Master Insulators’ Association of Toledo, Ohio
Asbestos Workers (HFIA)

May 1975

June 1973

July 1973

July 1973
May 1973

August 1973
June 1974
June 1975

May 1973

June 1974

June 1973

August 1975
April 1973

June 1975
May 1973

May 1972
June 1973

105 . .

106 ..............................

107 . . .......................

108 . .

...

109 ..............................
110 . . .
111 ..............................

112 ..............................

113 ..............................

114 ..............................

115 . .

116 ...................

117 ..............................

118 ..............................

119 ..............................

120 ..............................




Mechanical Contractors Association of Eastern . . . .
Pennsylvania, Inc.
Plumbers (PPF)
Painting and Decorating Contractors Association, Inc., . . .
Indianapolis
Painters (PA T)
National Electrical Contractors of America, Inc., . . .
Santa Clara Valley/San Benite Chapter
Electrical Workers (IBEW)
Associated General Contractors of Colorado, . .
Building Chapter, Inc. and 3 others
Laborers (LIUNA)
Sheet Metal and Air Conditioning Contractors National . . .
Association, Omaha-Council Bluffs Chapter
Sheet Metal Workers (SMW)
Allied Construction Employers Association, Milwaukee . . .
Carpenters (CJA)
New Jersey Mason Contractors A ssociation .......................
Bricklayers (BMP)
Heavy Constructors Association of the Greater Kansas . . .
City Area
Operating Engineers (IUOE)
Associated General Contractors of Minnesota, Inc. and . . .
2 others
Laborers (LIUNA)
Sheet Metal and Roofing Contractors Association of the . . .
Miami Valley, Ohio
Sheet Metal Workers (SMW)
National Electrical Contractors Association, Inc., . .
North Florida Chapter
Electrical Workers (IBEW)
Painting and Decorating Contractors of America, I n c ., ..............
Minneapolis Chapter
Painters (PAT)
Association of Contracting Plumbers of the City of . . .
New York, Inc.
Plumbers (PPF)
National Electrical Contractors Association, Inc., . . .
S t Paul Chapter
Electrical Workers (IBEW)
Association of Master Painters and Decorators of the . . .
City of New York, Inc.
Painters (PAT)
Associated General Contractors of America, Inc., Oklahoma . . .
Chapter
Operating Engineers (IUOE)
Associated General Contractors of America, I n c .,.......................
Oregon and Columbia Chapters and 2 others
Carpenters (CJA)

May 1975

June 1975

April 1975

May 1975

May 1976
May 1973
March 1974

April 1975

June 1974

September 1974

April 1974

June 1973

April 1973

July 1974

June 1975

121 ............................
122 ..............................
123 . .
124 ..............................

125 . . .

...

126 . . .

127 . . .

...

128 ..............................
129 ..............................

130 ..............................

131 ..............................

132 ..............................

133 ..............................
134 ..............................

135 ............

...

136 ..............................
137 ..............................
138 ..............................




Mammas and Zeheralis, Inc., Gary, In d ian a.......................................
May 1973
Bricklayers (BMP)
Mechanical Contractor’s Association of Cleveland, Inc.................... April 1973
Plumbers (PPF)
Plumbing and Air Conditioning Contractors of A r iz o n a .................. May 1975
Plumbers (PPF)
Associated General Contractors of America, I n c ., .............................. May 1973
Michigan Chapter and Southwestern Michigan Contractors
Association (Grand Rapids SMSA)
Carpenters (CJA)
National Electrical Contractors Association of Detroit, . . .
May 1975
Michigan, Southeastern Michigan Chapter
Electrical Workers (IBEW)
Construction Employers Labor Relations Association o f .................. May 1974
New York State, Inc.
Operating Engineers (IUOE)
LaPorte-Porter Contractors Association, Inc. and . . .
May 1973
2 others, Indiana and Michigan
Carpenters (CJA)
National Elevator Industry, Inc.................................................................. March 1977
Elevator Constructors (IUEC)
Constructors Association of Western Pennsylvania . . .
December 1975
Laborers (LIUNA)
Bricklayers (BMP)
Carpenters (CJA)
Contracting Lathers and Plasterers Association of . . .
May 1975
Colorado, Inc.
Lathers (WWML)
Mechanical Contractors Association of Western Pennsylvania, . .
May 1973
Inc.
Plumbers (PPF)
Associated General Contractors of America, Inc., . .
March 1974
San Antonio Chapter
Carpenters (CJA)
Cement League, New York C i t y .......................................................... June 1975
Lathers (WWML)
New England Mechanical Contractors Association, Inc., . .
August 1977
Boston
Plumbers (PPF)
Associated General Contractors of America, Inc., . . .
June 1973
California Chapter (Los Angeles area SMSA’s)
Carpenters (CJA)
Area Ironworking Agreement, Jacksonville, Florida . . .
. April 1976
Ironworkers (BSOIW)
Electrical Contractors Association, Milwaukee Chapter . . .
May 1975
Electrical Workers (IBEW)
Area Ironworking Agreement, Richmond, Virginia . . .
June 1972
Iron Workers (BSOIW)

139

140 . .

141 . .

142

143 . .
144
145 . .
146
147 . .
148 . .

149

150 .
151 . .

152 . . .
153 . .

154 . .
155 . .

156 . . .

157




Sheet Metal and Air Conditioning Contractors National . . .
June 1975
Association, Sacramento Valley Chapter, Inc.
Sheet Metal Workers (SMW)
Building Trades Employers Association of Central New York, . . . June 1973
Inc., Syracuse
Iron Workers (BSOIW)
Operating Engineers Employers of Eastern Pennsylvania and . .
April 1973
Delaware
Operating Engineers (IUOE)
Los Angeles County Painting and Decorating Contractors . .
June 1974
Association, Inc.
Painters (PA T)
May 1974
Construction Industries of Massachusetts, Inc......................................
Laborers (LIUNA)
Connecticut Construction Industries Association, Inc......................... March 1973
Carpenters (CJA)
The Master Builders Association of Western Pennsylvania, Inc. .
May 1973
Teamsters (IBT) (Ind.)
Construction Employers Association, Inc., Louisville, Kentucky .
April 1974
Carpenters (CJA)
......... July 1972
Air Conditioning Contractors of Arizona . .
Sheet Metal Workers (SMW)
Associated General Contractors of America, Inc., . .
. .. June 1973
Georgia Branch and 2 others
Carpenters (CJA)
California Conference of Mason Contractor Associations, ........... April 1974
Inc.
Bricklayers (BMP)
Arizona Steel Field Erectors A ssociation ............................................ July 1973
Ironworkers (BSOIW)
Associated General Contractors of Californiaj I n c . , ......................... July 1973
and 2 others
Operating Engineers (IUOE)
Painting and Decorating Contractors’ Association, C h ica g o ............ March 1973
Painters (PAT)
Construction Employers Labor Relations Association of . . .
April 1973
New York State, Inc.
Laborers (LIUNA)
National Automatic Sprinkler and Fire Control A ssociation............ July 1975
Plumbers (PPF)
National Electrical Contractors Association, I n c ., .............................. May 1975
Puget Sound Chapter
Electrical Workers (IBEW)
National Electrical Contractors Association, Inc., . . .
. . August 1975
Orange County Chapter
Electrical Workers (IBEW)
Omaha Building Contractors Employers A ssociation.........................
May 1974
Bricklayers (BMP)

158 . .

159
160

161 .

162 .

163 .

164 .
165 .

166
167 .
168 .
169 .
170
171

172 .

173

174 .
175 .




Associated General Contractors of America, Inc., Detroit
and Michigan Chapters
IronWorkers (BSOIW)
New England Roadbuilders Association, Massachusetts . .
Teamsters (IBT) (Ind.)
Roofing and Sheet Metal Contractors Association of .
Philadelphia and Vincinity
Sheet Metal Workers (SMW)
Associated General Contractors of Massachusetts, Inc.............
Building Trades Employers Association of Boston and
Eastern Massachusetts, Inc.
Operating Engineers (IUOE)
Associated General Contractors of America, Inc., .
Oregon Chapter
Bricklayers (BMP)
Associated General Contractors of America, Inc. .
Rhode Island Chapter
Laborers (LIUNA)
North Texas Contractors Association .
Plumbers (PPF)
Associated General Contractors of Ohio, Inc.
Cincinnati Chapter and 2 others
Laborers (LIUNA)
Plumbing-Heating and Piping Employers, Northern California .
Plumbers (PPF)
General Building Contractors Association, Inc., Philadelphia .
Carpenters (CJA)
North Texas Contractors Association . .
Laborers (LIUNA)
Mason Contractors Association of Baltimore, Maryland, Inc. .
Bricklayers (BMP)
Detroit Mason Contractors’ Association, Detroit Chapter, Inc. .
Bricklayers (BMP)
Associated General Contractors of America, Inc.............................
Seattle Northwest, Tacoma and Mountain Pacific Chapters
Carpenters (CJA)
Associated Contractors of America, Inc., Oregon-Columbia .
Chapter and 2 others
IronWorkers (BSOIW)
Associated General Contractors of America, Inc., .
Northeastern Florida Chapter
Carpenters (CJA)
General Building Contractors Association, Inc., Philadelphia .
Plasterers (OPCM)
Mason Contractors Association of Oregon and Contracting .
Plasterers Association of Oregon
Laborers (LIUNA)

June 1974

April 1976
April 1973

February 1973

May 1973

April 1973

April 1973
May 1973

June 1975
April 1973
April 1973
April 1973
June 1974
June 1974

July 1973

April 1974

April 1973
May 1973

176

177 .

178

179
180
181

182

183
184
185
186 .

187 .
188

189
190
191
192 .

193 .

194 .




April 1975
Associated General Contractors of Minnesota, Minneapolis and .
St. Paul Builders and Outstate Builders Divisions, and
Duluth Contractors Association
IronWorkers (BSOIW)
April 1973
Associated General Contractors of Massachusetts, Inc.
and 6 others
Bricklayers (BMP)
April 1974
Associated General Contractors of Massachusetts, Inc. a n d ...........
Building Trades Employers’ Association of Boston and Eastern
Massachusetts, Inc.
Plasterers (OPCM)
June 1975
Associated General Contractors of America, Inc., Utah Chapter
Plasterers (OPCM)
December 1973
Electrical Contractors’ Association of City of Chicago .
Electrical Workers (IBEW)
May 1973
Associated General Contractors of America, Inc., .
Tacoma Chapters
Operating Engineers (IUOE)
April 1972
Associated General Contractors of Minnesota, Highway and .
Heavy Division
Plasterers (OPCM)
May 1974
Associated Building Contractors of Northwestern Ohio, Inc. .
Laborers (LIUNA)
December 1973
Contractors Association of Eastern Pennsylvania . .
Teamsters (IBT) (Ind.)
May 1973
Eastern New York Construction Employers, Inc. .
Iron Workers (BSOIW)
May 1975
Building Contractors and Mason Builders’ Association of .
Greater New York
Laborers (LIUNA)
Plastering and Lathing Contractors Association, Cincinnati .
May 1973
Plasterers (OPCM)
West Tennessee Construction Industry Collective Bargaining .
April 1975
Group, Inc.
Carpenters (CJA)
Mechanical Contractors Association, Louisville, Kentucky .
July 1974
Plumbers (PPF)
Building Trades Erectors Association of Western Massachusetts, Inc. April 1973
Bricklayers (BMP)
Omaha Building Contractors Employers Association . .
May 1974
Laborers (LIUNA)
Associated General Contractors of America, Inc., .
May 1973
Oklahoma Chapter
Laborers (LIUNA)
Drywall, Taping and Finishing Contractors of Omaha, .
May 1973
Nebraska
Painters (PAT)
Mechanical Contractors Chicago Association .
Open End
Plumbers (PPF)

195 ................ ..............

196 . . .

197 .............. ..............
198 .............. ..............

199 .

200 . . .




Western Insulation Contractors Association, Western .
Washington Chapter
Asbestos Workers (H FIA)
Associated General Contractors of America, Inc., . . .
Detroit Chapter
Teamsters (IBT) (Ind.)
Associated Tile Contractors of Philadelphia................................ . . .
Bricklayers (BMP)
Painting and Decorating Contractors Association o f ................ . . . .
San Francisco, Inc. and 2 others
Painters (PAT)
National Electrical Contractors Association, Los Angeles . . .
County Chapter
Electrical Workers (IBEW)
Associated General Contractors of St. Louis, and Site . . . . . . . .
Improvement Association
Laborers (LIUNA)

July 1972

May 1974

April 1974
June 1974

May 1975

May 1974

Appendix B.

Subject Index of Agreement Provisions

Abnormal working conditions, pay differential for . .
Advance notice:
L a y o ff................................................................................
Project s ta r t......................................................................................................................
Schedule ch an ges..............................................................................................................
Agency shop .......................................................................................
Allowances:
Lodging
Meals ..........................................................................................................................
Parking
. 39
Per diem ........................................................................
Transportation...............................................................
Travel time ....................................................................
Antidiscrimination p ro v isio n s............................................
Apprenticeship:
Admission standards .................................................
Committee ..................................................................................................................................................................
Fund .............................................................................
L en g th ...........................................................................................................................................................................
Ratio, apprentices to journeym en............................................................................................................................
Arbitration p rovision s........................................................................................................................................................
Assessments, checkoff o f ....................................................................................................................................................

40
22

3
38

39
38
38
4
8
8
8
9
9
47
3

Basic rate structure............................................................................................................................................................. 36
Bonding, em p loyer............................................................................................................................................................. 37
Call-in/call-back p a y ........................................................................................................................................................ 43
Change of classification, rate i n ...................................................................................................................................... 38
Change of scheduled hours, limitations o n ................................................................................................................... 31
Check-off (dues, initiation fees, assessm en ts).............................................................................
3
Classification, maintenance of rate in change o f .......................................................................................................... 38
Clean-up time, p a id ............................................................................................................................................................. 42
Clothes changing time, paid ...........................................................................................................................................42
Clothing, work .................................................................................................................................................................. 29
Committee:
Apprenticeship............................................................................................................................................................. 8
Safety ........................................................................................................................................................................... 20
Company pay for union b usin ess...................................................................................................................................... 3
Compensation, method of .................................................
36
Conference, pre-job ......................................................................................................................................................... 12
Construction standards ................................................................................................................................................. 26
Crew size rules ................................................................................................................................................................. 23




Daily hours of work .
Daily overtime:
Hours
Rate
............................
Death benefits.......................
Deferred wage in creases........................................................
Differentials, abnormal conditions and hazardous work
Differentials, shift .
Dispute settlement:
Grievance-arbitration
Jurisdictional ..........................
Distribution of overtime, equal
Dues ch eck o ff...................................
Duration of apprenticeships

31
32
32
.5 2
.3 6
40
39
47
.4 8
33
3
9

Employee:
Benefit funds ...................................................
Comfort and sanitary facilities..........................
Right to refuse work in inclement weather .
Rights and obligations concerning safety
Transfers, restrictions o n .......................
Employer:
Limitations on working with tools of trade
Obligations concerning s a fe ty ............................
Right to hire ..............................................
Right to reject union referrals
Right to retain key personnel
Equal distribution of overtim e..................
Equipment and tools ..............................
Examinations, pre-hiring............................

.5 2
.2 8
.1 8
18
26
24
.1 9
14
14
15
33
24, 27, 28
15

Facilities, employee shelter and sanitation .
“Favored nations” clauses ................................
Funds:
Apprenticeship.................................................
Health and w e lfa re..............................................
Health insurance.....................................................
Industry advancem ent............................................
Loss-of-income
..............................................
Pension ......................................................................
Security, wage and f u n d .........................................
Vacation ...............................................................
Workers’ compensation .
General supervisors
Graduated rate:
Overtime ...................................................................
Saturday ........................................................................
Grievance procedures........................................................




28
48
- 8
52
52
53
52
. . . . 52
. 37, 53
51
53
5
33
33
47

Hazardous work, pay differentials f o r ...............................................................................................................................40
Health and welfare f u n d ...................................................................................................................................................... 52
Plight, rules governing maximum w o r k .......................................................................................................................... 23
ffiring:
Older w o rk ers...............................................................
16
Order of referral i n ................................................................................................................................................... 13
Pre-hiring examination provisions ....................................................................................................................... 15
Referral list, retention of position o n ................................................................................................................... 15
Referral rules, penalty for violation o f .....................
15
Referral systems ..........................................................
13
Sources of ...................................................................
14
Holidays:
Number ........................................................................
44
Rate for work on p a id .................................................
45
Rate for work on u n p aid ............................................................................................................................................. 44
Hours of w o r k ...................................................................................................................................................................... 31
Hours, scheduled w e ek ly ................................................................................................................................................... 31
Inclement weather ............
.1 8
Industry:
Advancement fund ..............................................................................................................................................
53
Initiation fees, ch e c k o ff................................................................................................................................................... 3
Jurisdiction of equipment repairs ....................................................................................................................................27
Jurisdictional dispute settlement procedures......................................................................................................................48
Labor-management committee:
Apprenticeship
........................................................................................................................................................ 8
Safety ............................................................................................................................................................................. 20
Layoff, advance notice of ..............................................
22
Local residents, preference in h ir in g ............................................................................................................................ 14
Lodging, travel allowance f o r .......................................................................................................................................... 38
Loss of income b en efits...................................................................................................................................................... 52
Maintenance of higher r a t e ............................................................................................................................................... 38
Maintenance of membership ............................................
2
Management r ig h ts............................................................................................................................................................
5
Materials, limitations on employers’ use o f ......................................................................................................................22
Meal periods, p a i d ............................................................................................................................................................... 43
Meals, allowance for ........................................................
38
Medical care b en efits...........................................................................................................................................................52
Method of compensation of shift w o r k .......................................................................................................................... 39
Minimum number of workers requiring hiring of supervisors.................................................................................... 5
Minimum rates ................................................................................................................................................................. 56
Minorities, provision for apprenticeship or hiring o f ................................................................................................ 4
Money differentials, for shift w o r k ................................................................................................................................... 39




Nonbargaining unit personnel, restrictions on work b y . .
No-strike, no-lockout provisions
Notice provisions
Older worker provisions
On-the-job training
Order of referral in hiring
Overtime;
Daily overtime hours
Daily overtime rate
Equal distribution of ..............................................
For work performed during regular meal period
Graduated .......................................................
Outside regularly scheduled hours .......................
Rate for work outside regularly scheduled hours
Restrictions on
Weekend work
Weekly overtime
Paid meal period
Paid rest period
Parking allowance
Payment for time not worked
Penalty:
On employee for poor workmanship .........
On employee for violation of referral rules .
On employer for wage or benefit fund default .
Pension fund
Per diem allow ance..............
Poor workmanship penalty .
Portal-to-portal pay
Pre-hiring examination provisions
Pre-job conference ............................
Prefabricated materials, limitations .
Preferential hiring of local residents
Premium pay :
Holidays
Saturday
Sunday
Prerequisites for apprenticeship
Project start, advance notice of
Rain gear provisions
Rate structure
Ratio:
Apprentices to journeymen
Journeymen to supervisors
Older workers to total workers
Reopeners ..........................................
Repairs, jurisdiction of equipment




. 24
48
12, 22
16
10
13
32
. 32
. . . . 33
. 32 43
. 33
32
32
. . . . 33
. 33, 34
32
43
42
. . 39
. 42, 43
27
. . . . 15
. 37, 53
52
. 39
. 27
42
15
12
22
14
44
33
33
8
12
18
36
9
5
16
36
. 27

Reporting pay:
Guarantees ................................................................................................................................................................. 43
Referrals, first day ................................................................................................................................................... 43
Waiver of ................................................................................................................................................................. 44
Rest periods ..................................................................................................................................................................... 42
Restrictions on:
Employers’ use of materials, tools, and equipm ent.................................................................................... 22, 24
Holiday work ............................................................................................................................................................ 45
Overtime ..................................................................................................................................................................... 33
Schedule ch a n g es....................................................................................................................................................... 31
Shift work ................................................................................................................................................................. 39
Weekend w o rk ............................................................................................................................................................ 34
Working employers ................................................................................................................................................... 24
Working h o u rs....................................................................................................................................................... 33, 34
Safety:
Employee rights and ob ligation s............................................................................................................................
Employer obligations ..............................................................................................................................................
Labor-management committees ............................................................................................................................
Saturday work .................................................................................................................................................................
Schedule changes, limitations o n ..................................................................................
Settlement of disputes:
Grievance and arbitration .....................................................................................................................................
Jurisdictional disputes procedure............................................................................................................................
Shift work:
Method of com pensation..........................................................................................................................................
Money d ifferen tials...................................................................................................................................................
Restrictions o n ..............................................................................................................................
Variations in shift work h o u r s.................................................................................................................................
Short-term job cla u ses........................................................................................................................................................
Single r a te s ..........................................................................................................................................................................
Standards, construction ...................................................................................................................................................
Stewards
..........................................................................................................................................................................
Strike and lockout b a n s ...................................................................................................................................................
Subcontracting, limitations o n ..........................................................
Supervisors:
General .....................................................................................................................................................................
Minimum number of journeymen requiring hiring o f .................................................................................
Ratio of workers t o .....................................................
Superseniority for union stewards ................................................................................................................................
Sunday work ......................................................................................................

18
19
20
33
31
47
48
39
39
39
39
15
36
26
3
48
25
5
5
5
4
33

Technological changes, no opposition to introduction o f ........................................................................................... 6
Tools and equipment, rules limiting use o f .................................................................................................................. 24
Tools, furnishing, replacing and sto r in g ................................................................................................................ 27, 28
Training, on-the-job ....................................................................................................................................................... 10
Transfer, restrictions on em p loyee................................................................................................................................ 26
Transportation allowance .............................................................................................................................................. 38
Travel time allow ance....................................................................................................................................................... 38




Union business, pay for time on
Union security provisions
Union shop
Unrestricted work provision
Vacation, paid fund
Wage:
Adjustments..............
Basic rate structure
Deferred increase ..............
Employer payment default .
Maintenance of higher rate
R eopener............................
Security, wage and fund .
Waiver of reporting p a y .....................................
Washup, cleanup and clothes changing time
Weekly hours of w o r k ................................
Weekend work, restrictions on
Weight limitations
Work clothing............................
Work rules concerning s a fe ty .........
Working employer, restrictions on
Workers’ compensation requirement




3
2
2
6
51

36
36
36
37
38
36
37
44
42
31
34
23
29
18, 19
24
. 53

BUREAU OF LABOR STA TISTIC S
REGION AL OFFICES

Region V

Region 1

9th Floor
Federal Office Building
230 S. Dearborn Street
Chicago , III. 60604
Phone: (312) 353-1880

1603 JFK Federal Building
Government Center
Boston, Mass. 02203
Phone: (617) 223-6761
Region II

Suite 3400
1515 Broadway
New York, N.V. 10036
Phone: (212) 971-5405

Region VI

Second Floor
555 Griffin Square Building
Dallas, Tex. 75202
Phone: (214) 749-3516

Region III
Regions V II and V III*

P.O. Box 13309
Philadelphia, Pa. 19101
Phone: (215) 596-1154

911 Walnut Street
Kansas City, Mo. 64106
Phone: (816) 374-2481

Region IV

1371 Peachtree Street, N.E.
Atlanta, Ga. 30309
Phone: (404) 526-5418




Regions IX and X * *

450 Golden Gate Avenue
Box 36017
San Francisco, Calif. 94102
Phone: (415) 556-4678

Regions VII and VIII are serviced by Kansas City
Regions IX and X are serviced by San Francisco