Contract Clauses In 

Construction Agreements

U.S. Department of Labor 

Bureau of Labor Statistics 

1975

Bulletin 1864

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U nited S ta te s . Bureau o f Labor S t a t i s t i c s .

C o n tract clau ses in c o n stru c tio n agreem ents.

(B u lle tin - Bureau of Labor S t a t i s t i c s ; )

Companion v o l. to C h a r a c te ris tic s o f c o n stru c tio n 

agreem ents, 1972-73.

1. C o lle c tiv e la b o r agreem ents—C o n stru ctio n in d u s try 

—U nited S ta te s . I . T ille r y , W inston L. I I . Adams, 

L arry . I I I . T i t l e . 17. S e rie s : U nited S ta te s .

Bureau of Labor S t a t i s t i c s . B u lle tin ;

KF31+09. C65 A87 3^- ’ • 73101890^9 75 -619078

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Federal Reserve Bank of St. Louis
Contract Clauses In 

Construction Agreements

U.S. Department of Labor

John T. Dunlop, Secretary

Bureau of Labor Statistics

Julius Shiskin, Commissioner

1975

Bulletin 1864

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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 tabulations; analytical comments and illustrative clauses describing the tabulated provisions 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.

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Contents

Page

Introduction . v

Parts:

I. Union security, management rights, and other noneconomic matters. . 1

II. Apprenticeship and training provisions 7

III. Hiring and referral provisions ................... 11

IV. Seasonality, safety and related provisions . 17

V. Provisions governing working conditions ........ 21

VI. Hours, overtime and premium pay provisions . 30

VII. Wages and wage related provisions . 35

VIII. Paid and unpaid leave .................... 41

IX. Dispute settlement procedures . 46

X. Employee benefits . 50

Appendixes:

A. Identification of clauses ..................................................................................... 

B. Subject index of agreement provisions 67

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Introduction

Traditionally, the construction industry has held

an important position in the national economy, accounting for relatively large proportions of total employment 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,-

000 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. Emphasis 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 detailed statistics, the reader should refer to the companion bulletin, Characteristics of Construction Agreements, 1972-73 (BLS Bulletin 1 8 1 9 ).1 The analysis

and illustrations presented represent only our understanding of the agreement language, and do not necessarily 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 stoppages, 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 Reopener Provisions in table 65 of the first bulletin is in error; the

corrected figures are given on page 37 of this study.

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Part 1. Union Security, Management Rights, and Other

Noneconomic Matters

Page

Union security provisions 2

Union shop 2

Modified union shop

Maintenance of membership .

Agency shop

Checkoff systems

Stew ards....................................

Pay for union business

“Superseniority”

Antidiscrimination cla u ses.................

Minority recruitment programs

Supervisors..............................................

Management rig h ts.............. 5

Technological ch a n g e ......................................... 6

Prohibition on restriction of productivity 6

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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 provision.

The strongest form of union security, the union

shop, gained predominance following proscription by

the Taft-Hartley Act in 1947 of an even more powerful 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 requires 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 members 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 duration of their employment. Upon written notification 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, whichever 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 employment, 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 membership clauses. This type of provision does not require 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 employment, maintain their membership in the union 

during the terms of this agreement and all employees who become members of the union shall, 

as a condition of employment, maintain their 

membership in the union during the terms of

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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 requiring union membership as a condition of employment 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 provisions 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 beginning 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 contribution 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 assessments. This lower prevalence, to some degree, results

from the presence of marginal employers in the industry 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 authorization 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 hereinafter 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 contained in about 86 percent of the agreements. Stewards 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 perform 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:

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(10) 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 performed as expeditiously as possible and the 

employer agrees to allow the steward a reasonable 

amount of time for the performance of such 

duties.

(11) The business representative of the union shall, 

after conferring with the employer, have the authority 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 terminated without approval of the business representative 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 representation and leadership, more than a third of the contracts 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, provided 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 appointment 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 administration of the contract was prohibited in 593 agreements. In addition to banning discrimination on the

s Seniority systems, in which preferential status for promotions, 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 seniority 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 membership because of race, religion, color, sex, age, 

national origin or ancestry. This provision shall 

apply to hiring, placement for employment, training during employment, rates of pay, or other 

forms of compensation and benefits, selection for 

training, including apprenticeship, layoff or termination 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 provisions, or any other aspect or obligation of union 

membership, policies or requirements.

Minority recruitment programs. As a means of providing equity in hiring and acceptance into apprenticeship 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 recruitment for job applicants by contacting recognized 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 worksite, and the need for communication and coordination 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.

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497 of 769 contracts (65 percent) contain clauses requiring 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 journeymen, 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:

(19) 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, excluding 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.

Approximately 40 percent of the agreements referred 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 foremen 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 proportion than in most other industries. This type of clause

defines, or in general refers to, those functions reserved for unilateral management action. However,

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 management would tend to be impossibly long, and even

then could not cover unforeseen or unique circumstances; a predominant strategy, therefore, is to include a statement that all rights not specifically

modified by the contract are residual in nature and,

as such, are retained as exclusive management functions.

Some contracts include specific listings of those

functions reserved to management:

(12) 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 agreement. The employer will not, however, use the 

provisions of this article for the purpose of discrimination 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 employees 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 employees for proper cause. Management shall have 

the right to relieve employees because of lack of 

work or any other justified reasons, and to introduce new or improved methods or equipment 

to conduct the work or to change existing methods and the right to enforce new methods and 

rules that will assist to carry out the functions 

of management.

(22) In the exercise of the functions of management, 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, suspend 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,

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regulate the use of equipment and other property 

of the contractor, decide the amount of equipment 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 obtained provided, however, that the contractors 

will not use their rights for the purpose of discrimination against any employee.

Some agreements provide for the employer to retain the sole right to manage in all areas not specifically limited by their content:

(23) 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 qualifications 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 exclusively in the employer. The employer in exercising these functions will not discriminate 

against any employee because of his membership 

or nonmembership in the union.

(24) Except only as specifically limited by this 

agreement, management by the employer, the 

direction of the working forces and the maintenance 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 generally a function of their own self-interest. Management, on the one hand, profits directly from an increase 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 advanced technology is offset by the general growth of

the industry or firm involved. In the construction industry, union resistance to more efficient technology

has been lessened by growing competition from nonunion 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 machinery, 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 journeymen sheet metal workers and registered apprentices, such tools and equipment shall be 

operated by journeymen sheet metal workers and 

registered apprentices.

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Part II. Apprenticeship and Training Provisions

Page

Apprenticeships........................................................................................................ 8

Apprenticeship fu n d .............................................................................................. 8

Admission standards..............

Apprentice/journeyman ratio

Length of apprenticeship ....

On-the-job training..................................................................................................... 1000 os os

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Apprenticeships

The apprenticeship method of combining formal

classroom training with personal instruction and supervision by a journeyman has long been practiced

in the construction trades. Apprenticeship programs

provide skilled workers to replace retired or superannuated workers as well as to satisfy additional manpower needs resulting from industry growth and technological change. Nearly all agreements covering apprenticeable crafts include apprenticeship provisions.5

The apprenticeship programs usually are administered by local joint apprenticeship committees

(JA C ), with management and the union equally represented. In addition to determining the formal education curriculum and a program for on-the-job training, the JAC may establish acceptance and retention

standards as well as maintain control of funds allocated to the program. Slightly less than 60 percent of

the agreements referred to an apprenticeship committee:

(29) All duly qualified apprentices shall be under 

the supervision and control of a Joint Apprentice 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 immediately upon the first meeting after the adoption of this agreement set up a complete set of

s The apprenticeship method of craft training is not adaptable to some construction trades. No apprenticeship clauses were

found in the Teamsters and Laborers contracts studied.

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.

Apprenticeship fund. The cost of administration,

books, tools, supplies and other apprenticeship training 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 Apprenticeship 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 understandings 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 provisions, but in nearly all those concerning the sheet

metal craft.6 While only a few listed educational requirements, 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 international unions in their constitutions.

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(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 Relations Commission.

(3) Applicants must be American citizens, 

or in the process of naturalization.

(33) Apprenticeship applicants, before being accepted as apprentices must be able to meet the 

following requirements:

(1) Recruitment procedures will be in compliance 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 birthday except by special dispensation of the apprenticeship 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, together 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 Brooklyn 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 agreements established the permissible number of apprentices, 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 journeymen steadily employed will be allowed. In no 

case, however, shall any employer be entitled to

more than 5 apprentices. In no case shall there be 

more than 10 apprentices in any one shop.

(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 journeymen, shall while employing 5 journeymen, 

also employ at least 1 apprentice. For each additional 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 agreement with Bricklayers’ Local No. 2, Pa. is obligated 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 500 hours.......................................... 65%

2nd 500 hours...........................................70%

2nd 1000 hours...........................................75%

3rd 1000 hours...........................................771/a%

4th 1000 hours...........................................80%

5th 1000 hours...........................................82V2%

6th 1000 hours...........................................85%

7th 1000 hours...........................................87V2%

8th 1000 hours...........................................90%

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(38) Apprentices.

Starting rate....................60% of Finisher’s wage

After 6 months..................65% of Finisher’s wage

After 1 y e a r......................70% of Finisher’s wage

After iy 2 years ...............80% of Finisher’s wage

After 2 years ...................85% of Finisher’s wage

After 2 V2 years..................95% of Finisher’s wage

At the end of 3 years and 

after examination ..... 100% of Finisher’s wage

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. An OJT or training fund clause appears in over 20 percent of the

surveyed agreements:

(39) There has been created a Carpenters’ Joint

Advanced Training Program for the purpose of

training carpenters in subjects related to the

trade. In order to finance this educational program for carpenters, 15 percent of all monies

collected under this contract by way of employer

contributions, on and after June 1, 1970, to the

Industry Advancement Fund, shall be remitted to

the Carpenters’ Joint Advanced Training Program, 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.

(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.”

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Part III. Hiring and Referral Provisions

Page

Hiring and referral practices . 12

Advance notice of p roject............ 12

Pre-job conference . . . 12

Referral system s.............................................. 13

Group ranking................................................... 13

First-in, first-out m eth o d ................................ 13

Employer request for specific employee . 14

Preference in hiring local residents............... 14

Source of hirin g............................................................. 14

Employer’s right to reject a p p lica n t...................... 14

Employer’s right to retain key w o rk ers................... 15

Short-term job cla u ses......................................................................................................... 15

Penalty for violation of referral r u le s.............................................................................. 15

Prehiring exam inations...................................................................................................... 15

Older w orkers........................................................................................................................ 16

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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 duration 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 centralization 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 simplifies 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 Act of 1947, the unioncontrolled hiring halls in the construction industry,

commonly requiring union membership as a condition for referral, operated unaffected by Federal

statutes. The National Labor Relations Act (N LR A )

of 1935 allowed the union and the employer to require union membership as a condition of employment, although the National Labor Relations Board

(N LR B) in administering the act did not, at that

time, accept jurisdiction over the construction industry, on the grounds that it was local in character.

The Taft-Hartley Act, which amended the NLRA

in 1947, prohibited discrimination in hiring because

of union affiliation. This amendment, together with

the extension of NLRB jurisdiction over the construction industry, proscribed the closed shop as it required 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 procurement 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 NLRA, 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 applicants based on experience, residence or special

training. At 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 agreements (218 of 769) 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 commencement 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 provide for a pre-job union-contractor conference. A few

clauses specified a mandatory meeting if the dollar

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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 mandatory, 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 association, 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 designed to provide preferential treatment to workers

having local working experience, a specified type or

level of skill or training, or other characteristics deemed 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, applicants 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 applicants 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 applicants with special skills and abilities shall be

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 employers 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 preceding registration, shall constitute Group B.

After Group A has been exhausted, applicants 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, applicants from Group C shall be referred in

successive order as their names appear on

the open employment list.

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 market 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.

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union office in the labor market area and presented satisfactory evidence of having had a

minimum of 4 years’ experience in the plastering

trade or having successfully completed an approved apprenticeship training program. Plasterers 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 terminated 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 jurisdiction or to local contractors performing work in

another area:

(47) The first 5 men, including the pusher (assistant foreman), shall be national transient boilermakers and the next 5 shall be local boilermakers,

if available and qualified.

Additional employees shall be equally national transient boilermakers and local boilermakers as long as possible to maintain this ratio.

(48) When engaged in work outside the geographical jurisdiction of this agreement, the said contractors 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 residents of the area where the work is performed,

or who are customarily employed a greater percentage of their time in such area, and further

provided that these men are qualified to meet

the job requirements. Signatories to this agreement, 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 stipulating 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 available. The union was accorded an equal opportunity

with other sources to supply workers in 80 agreements:

(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 employment to the employer within 48 hours from the

time of receiving the employer’s request, Saturdays, Sundays, and holidays excepted, the employer shall be free to secure applicants without

using the referral procedure, but such applicants

if hired, shall have the status of “temporary

employees.” The employer shall notify the Business Manager promptly of the names and Social

Security numbers of such temporary employees,

and shall replace such temporary employees as

soon as registered applicants for employment are

available under the referral procedure.

(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’ requirements 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 qualifications 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:

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(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.

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 hiring process. This rule often applied to contractors

based outside the local union’s geographical area.

Under this circumstance the clause allows the contractor 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 placement of new applicants at the bottom of the referral

list. Many agreements, however, recognize the possible 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 purposes of these regulations only, shall mean employment which is terminated by the contractor 

other than for just cause without such employee’s 

having received from such employment the equivalent 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 registered 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 following 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

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 position 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, provided, 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 registration list for . . . failing to accept suitable employment 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].

Prehiring examinations

The employer could require a physical examination 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 employer’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 prohibited 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.

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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 examination to determine their qualifications.

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 employer 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 construction 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

sometimes is subject to their availability or, in instances 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.

A few contracts allow older workers with diminished 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 physical handicap may be employed by the contractor 

at an hourly rate of pay lower than the journeyman’s hourly rate of pay. The hourly rate of 

pay shall not exceed 80 percent of the journeyman’s hourly rate of pay; said rate to be determined 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 journeymen or apprentices in his employ.

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Part IV. Seasonality, Safety and Related Provisions

Page

Right to refuse work in inclement w eather........................................... 18

Rain g e a r .......................................................................................................... 18

Safety rights and obligations of em ployees.............................................. 18

Obligations of employer for employee sa fety ..................................... 19

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Part IV. Seasonality, Safety and Related Provisions

Right to refuse work in inclement weather

The employee could refuse to work in inclement

weather without penalty in 17 of the agreements, including 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:

(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.

Rain gear

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:

(66) The employer agrees to furnish suitable wearing apparel such as pullover boots and raincoats 

on all jobs where employees are required to work 

in inclement weather or under wet or muddy conditions of an abnormal nature.

(67) Any employee working in the water or inclement weather will be provided by the contractor 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.

Safety rights and obligations of employees

Most of the construction agreements establish contractual rights or obligations of employees in safety

matters. Three out of 10 of the agreements prohibit working under unsafe conditions, or give workers 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.

(69) In order to protect the health of the employees, 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 condition.

(42) The union shall have the right to strike, remove 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 violations and the work shall not resume until such 

time as the violations specified in the written 

notice have been corrected.

The same proportion of agreements specify that

workers comply with the contractor’s safety rules, or

with public safety laws and ordinances. About one

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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 subject employees to immediate dismissal without

recourse.

Some agreements make employees responsible for

reporting any unsafe conditions to the supervisor or

steward, so that corrective measures can be taken:

(71) 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.

(13) When the occasion arises where an employee

gives written report on forms in use by the employer 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 construction agreements place obligations on employers to

reduce or minimize the employees’ risk. Of the agreements studied, more than 80 percent made some

reference to employers’ safety obligations.

More than half the agreements indicate the employer’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 jurisdiction 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.

A minority of provisions indicate that employers

must furnish adequate lighting or ventilation (including respiratory equipment):

(74) When workmen are working at night, adequate lighting shall be provided to permit them

to do their work with a maximum degree of

safety.

(75) Any employee, while welding or burning galvanized 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.

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 ordinances, requirements that the employer furnish safe

tools, equipment or transportation, and numerous

others. The clauses are sometimes general, and sometimes 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

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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 employee 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 procedure . . . 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 mechanics. 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 employed 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 foster joint efforts to solve safety problems and to promote safe working conditions:

(83) 1. A Joint Labor-Management Safety Committee shall be formed to develop an Accident

Prevention Program in the Building Construction Industry of Western Pennsylvania.

2. The Accident Prevention Program developed 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 bargaining agreements between building construction industry employers and the various building trades

unions.

3. The Joint Labor-Management Safety Committee will consist of 4 representatives appointed 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 compelling the employees to comply with the Accident Prevention Program.

6. The safety meetings shall be conducted by

the general contractor’s safety representative, or

his nominee, and the craft’s elected representative 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.

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Part V. Provisions Governing Working Conditions

Page

Advance notice of layoff or termination . 22

Restrictions on materials . .................................... . 2 2

Rules governing crew size, height, and weight . 23

Limitations on tools and equipment ............................. 24

Prohibitions or limitations on working employer ............................................ 24

Restrictions on nonbargaining unit personnel doing bargaining unit work 24

Subcontracting limitations ................................................................... 25

Restrictions on employee transfer 26

Construction standards . 26

Jurisdiction of repairs . 2 7

Faulty w o r k .................................. . 2 7

Furnishing and storing tools . . 2 7

Tool replacement and insurance . 28

Employee facilities 28

Work clothing . . . 29

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Part V. Provisions Governing Working Conditions

Advance notice of layoff or termination

Advance notice of layoff or termination is required in about one-third of the 769 construction agreements 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) 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.

(86) Foremen shall notify employees of their discharge on the scaffold and shall make the necessary 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.

(17) Workmen, when discharged shall be paid all

wages due in full immediately and shall be allowed 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 notis 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.

fied 48 hours in advance of any layoff, Saturdays, 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 materials, i.e. units composed of parts assembled off the

jobsite. Agreements covering the plumbing and sheet

metal crafts were most likely to contain such restrictions. The object generally was to prevent “erosion

of the bargaining unit” or the loss of work customarily claimed as within the union’s jurisdiction:

(87) No employee need handle any prefabricated

and/or preassembled reinforcing steel mats produced 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 covered by this agreement. No employees shall be disciplined or laid off for refusing to work under

this section.

(88) Junction boxes, pull boxes, raceways, supports and hangers, intended for the housing or

support of wires, cables or electrical equipment

and electrical fixtures, custom built or specifically 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.

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

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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 prevented 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 interference 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 disturbance” 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 equipment, save and except that every reasonable 

effort shall be made by the aforesaid to refrain 

from the use of materials, supplies and equipment, which use will tend to cause any discord 

or disturbance on the job.

(93) Individual employers and their subcontractors 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.

Rules governing crew size, height, and weight

Of the 769 agreements examined, 296 referred

to crew requirements or manning for specific operations. Such provisions quite often are safety related,

since undermanning can result in accidents. The

clauses sometimes imposed a penalty for noncompliance:

(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 benefits) 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 permitted to work alone under isolated or potentially

hazardous conditions. Electricians are usually protected by such requirements:

(95) On all energized circuits or equipment operating at 480 volts or more and/or on any energized circuits rated 1000 amperes or more, as a 

safety measure 2 or more men must work together. 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 agreements negotiated with the Bricklayers Union. The provisions generally serve also as crew size requirements:

(96) On all block or masonry units weighing 40 

pounds or more, two bricklayers shall be employed.

(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 injury 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] working on jobs where work is performed in shafts,

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tunnels, hung ceilings, crawl spaces and hazardous roof jobs.

Limitations on tools and equipment

Most 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 largely concentrated in agreements covering painting operations, 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.

Prohibitions or limitations on working employer

Many contractor-employers are former journeymen in a craft; some of the small contractors, in

fact, may alternate between contractor and journeyman 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. Restrictions 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’ association and at the same time be performing work reserved for members of the bargaining unit.

Nearly a third of the agreements placed restrictions on employers working with tools of the trade,

or prohibited the practice entirely. Such clauses

were most prevalent in agreements with the Electricians, Painters, and Plumbers unions, and were relatively uncommon in those covering the Boilermakers, 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 perform no manual labor on any work covered by 

this agreement.

(103) The union agrees not to contract, subcontract or estimate on work, nor allow its membership to do so, nor to act in any trade capacity other than that of workman. It is also agreed 

that no member of a firm or officer of a corporation, 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 allowed 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 company which is an individual employer under this 

agreement shall be permitted to perform work 

covered by this agreement.

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 employers, 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

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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 jurisdiction 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 employees in said units.

Subcontracting limitations

Because of the complex nature of construction

operations, both general and specialized contractors

under union agreement may find it necessary to subcontract certain work to employers who have experience 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 contained 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 emio For a detailed discussion of this subject see “Major Collective Bargaining Agreements: Subcontracting,” (BLS Bulletin

1425-8).

ployees the wages and fringe benefits provided

for in this agreement.

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 conditions 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 employer, will be sufficient cause for cancellation of

this agreement, after the facts have been determined by the International Office of the union.

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 subcontracted it shall be subcontracted only to subcontractors 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 construed to include union recognition, union security or hiring clauses, or any other provision related thereto.

Restrictions on subcontracting employers sometimes were narrowed to compliance with the union

wage scale:

(112) If an employer subcontracts work to be performed at the job site, the employer shall require

the subcontractor to sign a subcontract agreement containing the following provisions: The

subcontractor agrees to comply with the provisions relating to wages, fringes, and premium

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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 agreements 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:

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 represent to the employer that he has an established

building trades collective bargaining relationship

covering the affected classification of work.

(113) Subject to other applicable provisions of this

agreement, the employer agrees that when subcontracting for prefabrication of materials covered herein, such prefabrication shall be subcontracted to fabricators who pay their employees

engaged in such fabrication not less than the

prevailing wage for comparable sheet metal fabrication, as established under provisions of this

agreement.

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 employees from or to other employers in the electrical 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 procedure.

(115) No men shall be loaned from one shop to

another at any time.

Construction standards

About one agreement in five requires all work

performed under the agreement to conform to established standards of quality.11 The provisions were

most prevalent in agreements covering electricians,

and were also frequently found in agreements covering 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 violation of the agreement:

(116) 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 industry in the jurisdiction of [the union] in

the City of New York.

Compliance with plumbing code and contract specifications: The quality of workmanship 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 business agent is called. Foremen shall notify the

union 24 hours in advance for requested testing.

(117) All employees shall install all electrical work

in compliance with State laws and local ordinances governing such work, and all electrical installations 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 comn The relatively low prevalence may be because construction work is generally subject to State, county and municipal

building codes which establish legal minimum standards, and to

inspections for violations.

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mittees shall meet quarterly throughout the life

of this agreement.

Jurisdiction of repairs

The jurisdiction of the agreement sometimes includes the repair of equipment used by members of

the bargaining unit. A small number of the construction agreements made separate reference to this jurisdiction:

(119) Mechanics with the assistance of the operating engineers and oilers or apprentices shall repair, mantle, and dismantle all equipment that

comes under their jurisdiction . . .

Operating engineers and oilers regularly assigned to a machine shall be allowed to repair

or assist in repairing same when repairs on the

job are necessary, at their regular rate.

The provisions referring to repair of equipment

usually recognized the right of nonbargaining unit

personnel to make repairs or adjustments under certain conditions. Warranty work on new equipment

or emergency repairs were sometimes excluded from

the repair jurisdiction:

(120) The repair or adjustment of any equipment

or machinery pursuant to the terms of a guarantee by the manufacturer thereof, or his agent

or employees, will not be subject to this agreement and the union will not interfere with such

employees on such exempted work; provided,

however, that this does not apply to the assembling and erection of machinery on and during

a construction job prior to completion of the

erection.

(93) . . . This agreement does not apply to warranty work performed upon equipment purchased from a recognized dealer, nor does it limit

the right of the individual employer to use the

field services of a permanently established commercial shop in emergencies. Permanently established 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 performed by commerical engineering or survey

firms.

(44) 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.

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 justified he shall order the tile setter to repair the

work at his own expense.

(122) When the employer and the business representatives 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

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 requirements on employers. Many of the clauses divided

the responsibility, often requiring employers to provide power-driven tools, and employees to provide

their own handtools.

Clauses referring only to the employee’s responsibility 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 completely in the care, custody and control of the

employee, the employer may require as a condition of employment that the employee sign

a receipt for these tools, box and lock, and be

responsible for them, excepting only for ordinary

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wear and tear. In case of a dispute as to accountability, 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 (varying 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 3A ” radius to match coving tools); 1 set of

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.

Agreements applying to electricians, carpenters,

and painters were the most likely to require both employers 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. Journeymen 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 employer to furnish such storage area. The clauses were

found in more than 90 percent of the carpenters’ and

electricians’ agreements. Some clauses provided

storage facilities for clothing as well. A few disclaimed employer responsibility for loss or damage:

(125) 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 practical, provide a suitable enclosed heated area

to be used for changing clothes subject to the

approval of the business manager.

(126) 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

About a quarter of the agreements indicated that

the employer would reequip or reimburse the employee in the event his tools were stolen or destroyed.

Often, the employer agreed to cover such losses up

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; millwrights $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:

Overcoat......................................$ 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 claiming the loss.

Employee facilities

Clauses in two out of five agreements called for

the company to maintain a suitable shelter for workers 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) 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

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when necessary and light supplied when necessary.

(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 employer must provide suitable drinking water to workers on the job. Sanitary toilet facilities were required

by slightly under one-third of the agreements:

(130) The employer agrees to supply sanitary

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 drinking water in vessels with faucets and 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 provide certain articles of work clothing. These clauses

were relatively rare, and usually applied only in situations 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 employer before the employee starts to do his work.

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Federal Reserve Bank of St. Louis
Part VI. Hours, Overtime and Premium Pay Provisions

Page

Hours of w o r k ....................................................................................................................... 31

Limitations on schedule ch an ges...................................................................................... 31

Overtime provisions.................................................................................... 32

Daily overtim e......................................................................... 32

Weekly overtim e......................................................................................................... 32

Overtime for work outside regularly scheduled hours ........................................ 32

V ariations................................................................................. . 32

Graduated overtime rates . 33

Restrictions on overtim e................................................ 33

Distribution of overtim e...................................................... 33

Weekend premium p a y ................................................................ .... 33

Graduated Saturday r a te s............................................................... . . . 33

Restrictions on weekend w ork ............................................... . 3 4

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Part VI. 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. All of the contracts specifying scheduled workdays established a 5-day workweek:

(118) The regular time shall consist of 35 hours

per week divided into 5 work days (from Monday to Friday inclusive) of 7 hours each.

Of 653 agreements stating the number of hours in

a standard workweek, 90 percent established a 40-

hour week, with 8 percent stipulating a 35-hour week:

(133) 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:

(135) Eight consecutive hours, exclusive of lunch

period, between 8:00 A.M. and 5:00 P.M. shall

constitute a day’s work.

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

12 The International Brotherhood of Electrical Workers—

New York Electrical Contractors Association, Inc. contract provides for a basic 5-hour day, or 25-hour workweek, with overtime for all work outside the basic schedule.

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

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:

(137) Where working hours of a customer are such

that they do not correspond to the regular working 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 daylight savings time was in effect:

(138) Eight hours shall constitute a day’s work,

from 8 A.M. to 5 P.M. from Monday thru Friday, 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.

Prior notification to the union of a schedule

change was required in 25 agreements:

(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

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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:

(140) Noon hour may be curtailed by agreement

with the men on the job and the contractor or

his representative.

Provisions in 240 agreements stipulate a maximum variation in the scheduled daily starting time:

(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) 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 effect for a period not to exceed 13 weeks. During

such emergency, Monday shall be the day excluded as a work day.

(143) The regular work day shall consist of 8

hours work to start on a one or two shift operation not earlier than 7 A.M. If the employer decides 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

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 providing premium pay for work performed over a specified 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

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 provided pursuant to . . . this article, all work performed outside of regular working hours and

performed during the regular work week, shall

be at double times the regular rate.

(144) All time worked in excess of 8 hours per day

shall be paid for at time and one-half the regular

rate.

(27) All hours worked over 8 hours shall be compensated at double the straight-time hourly wage

rate.

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 stipulated overtime pay for work over 40 hours per week.

The time and one-half rate was established by approximately 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 normally scheduled daily hours was required in 445 contracts.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) All construction work covered by this contract 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 included in both categories.

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(43) 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 preparation for industrial or building sites, the employer will pay the wage rates listed herein; all

overtime will be performed at IV2 times the

regular rate.

(147) 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 Saturdays, Sundays, and designated holidays as set

forth in this agreement will be 2 times the applicable straight time zone rate, except as set

forth [elsewhere].

The rate of pay for all work performed outside 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 during 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 before 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, Saturday and Sunday are considered days of rest, and

work on these days is subject to premium pay. Provisions requiring premium pay for Saturday occur in

nearly 90 percent of the agreements surveyed, and

for Sunday in well over 90 percent.14 Almost 75

percent of the Saturday provisions establish a doubletime 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.

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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 approval. 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 prevent 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.

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Part V II. Wages and Wage Related Provisions

Page

Basic wage r a te ....................................... 36

Deferred wage increases................................................................................................. 36

Reopener clau ses............................................................................................................. 36

Bonding requirements..................................................................................................... 37

Penalties for employer d efault....................................................................................... 37

Maintenance of ra te........................................................................................................ 38

Travel and transportation allow ances......................................................................... 38

Transportation...................................................................... 38

Travel tim e............................................................................................................... 38

Meals and lodging................................................................ 38

Parking allow ance................................................................ 39

Per d iem ............................................................................... . 39

Shift work provisions............................................................ 39

Shift work com pensation............................................ 39

Restrictions or prohibitions on shift w ork ........... 39

Premium pay for hazardous or abnormal conditions . 40

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Part VII. Wages and Wage 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) The rate of wage to be paid under this agreement to sprinkler fitters shall be $8.40 per hour

effective August 1, 1974.

(155) 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.

(156) EFFECTIVE DATE

9-1-73 3-1-74 9-1-74 3-1-74

General foreman pay scale

shall be 1.226

times journeyman wage scale... 11.52 11.83 12.44 12.75

Foreman pay

scale shall be

1.113 times

journeyman

wage scale........ 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

Deferred wage increases

To increase the stability of the collective bargaining relationship, and to reduce the risk of work stoppages, most contracts have a duration of 2 years or

more. Deferred wage increases provide periodic or

automatic wage adjustments to compensate for anticipated changes in the cost-of-living, area and industry 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:

Reopener clauses

Many agreements include a reopener clause allowing either party to request renewed negotiations

on specific issues prior to the expiration date. While

many reopener clauses restrict the area under consideration to wages, some enumerate noneconomic

issues which may be discussed:15

15 Table 65 page 40 in Characteristics of Construction Agreements (BLS Bulletin 1819) regarding reopener clauses is incorrect. The corrected statistics are in the table on page 37.

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(157) It is further agreed by and between the

parties hereto that this contract may be reopened 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.

(158) If during the life of this agreement, the majority 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 agreement 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 reopen 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.

(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 agreement, 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 Agreements Workers

Alt unions 199 404,240

Asbestos Workers (H F IA ).............. 6 1,080

Boilmakers (BBF) ..... .................... 7 19,750

Bricklayers (BMP) .......................... 12 7,700

Carpenters (C JA )............................ 14 132,000

Electrical Workers (IBEW).............. 43 61,535

Elevator Construction (IU EC )....... 1 16,000

Ironworkers (BSOIW )..................... 8 21,400

Laborers (LIU N A)........................... 11 45,350

Lathers (WWML)............................. 10 2,145

Operating Engineers (IU O E )........ 12 31,625

Painters (P A T )................................ 14 13,060

Plasterers (OPCM )......................... 14 8,545

Plumbers (PPF) .............................. 19 21,490

Roofers (RDWW )............................. 6 2,040

Sheet Metal Workers (SM W )........ 14 9,855

Teamsters (IBT) (Ind.).................... 8 10,665

Bonding requirements

The financial instability of some smaller contractors has at times been a problem in the construction

industry. Many individual contractors receive payment for work performed only after partial or total

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:

(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 Education 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 established, in the sum of $5,000.00, in order to secure the payments of the various fringe benefits

provided for in this agreement.

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:

(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 employer 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) 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 between the local and the defaulting employer; and

notwithstanding other provisions of this agreement . . . or otherwise to the contrary, immediate

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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 Program Funds shall be borne by the defaulting

employer.

Maintenance of rate

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 compensate 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) 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.

(162) When cement mason vacancies caused by

sickness or other unavoidable absences occur beyond the control of the contractor or when a

contractor does not have a cement mason employee 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 circumstances shall an employee J)e paid at a lower

rate than that of the classification under which

he was working immediately prior to the temporary 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 provide 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.

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 project located beyond a commutable distance, and

others allowed for both situations:

(131) 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 employee 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 beyond a normal commuting distance to the work

location were provided room and board allowances

in one of five contracts studied. An additional 6 percent of the agreements contained clauses furnishing

meals alone:16

(165) When employees are sent out of the jurisdiction 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.

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Parking allowance. About one in five contracts requires the employer to provide parking areas, or a

parking allowance to cover the cost of commercial

parking, where convenient free parking is not available. 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 employer 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 employer will provide such facilities and the employer 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 employee 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 provide 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 location:

(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 leaving 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 deadlines or high seasonal demand. The incidence of shift

work clauses was highest in contracts covering boilermakers, iron workers, carpenters and laborers, and

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 standard 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 differentials 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 standard 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.

Restrictions or prohibitions on shift work. Restrictions on the use of shift work, or the use of the employee 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 operations scheduled for fewer than a specified number

of days. This prevents contractors from using shortterm 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.

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(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:

(169) There shall be no shift work on any job unless there is specific permission obtained in advance by the employer from a business representative 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. As 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 ere 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 restriction 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 requiring 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

basis. The most common hourly payment was 25

cents, occurring in 122 agreements. Clauses providing

for increasing the differential with the degree of hazard, 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) 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 uncovered 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 included) 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 required 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 abnormal 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.

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Part V III. Paid and Unpaid Leave

Page

Rest p eriod s................................................ 42

Cleanup tim e .......................................................... 42

Portal-to-portal p a y ............................................ 42

Paid meal period or meal during overtim e.......... 43

Call-in, call-back p a y ................................................... 43

Premium pay for working through lunch period . . 4 3

Reporting p a y ............................................................... 43

Waiver of reporting p a y ............................... 44

H olid ays............................................................ 44

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Part V III. Paid and Unpaid Leave

Paid and unpaid leave provisions, with the exception of reporting and cleanup pay, are less prevalent

in the construction industry than in other industries

encompassed in studies of major collective bargaining 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 repetitive 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, occasionally, 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) 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.

(176) The employee shall be entitled to a break in

the forenoon and afternoon, and shall not otherwise 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 extremely dirty work or using caustic or toxic substances, 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 considerable 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

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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 predesignated starting point and the point where the

work is to be performed and return shall be considered working time. The pre-designated starting and quitting point shall not be changed

during the shift. The prior sentence is not intended to apply to work on highways, canals, flood

control systems and metropolitan areas.

Paid meal period or meal during overtime

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 overtime:

(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 studied provide special pay treatment for employees who

are called in or called back for work outside of regular schedules, or without advance notice.

Most such clauses guarantee either 2 or 4 hours

work or pay. Compensation usually is at the premium rate:

(50) Men called out for work outside their regular 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

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 premium pay for work performed during the regularly

scheduled meal period:

(181) 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 required 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 unpaid lunch period at some other time, then the

work performed during the usual lunch period

shall be paid for at double time.

(182) 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

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

Reporting pay

Of the 769 contracts studied, 707 contain provisions 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 requirement, common in most industries, assures the

employee compensation for the inconvenience and

expense of coming to work, and encourages the contractor to efficiently schedule the work and call in no

more workers than needed. Reporting pay is not required, generally, when adequate notice not to report

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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 guaranteed hours before becoming eligible for further guarantees:

(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 leaving 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 conditions, they shall receive, only, the two-hours referred to above. However, at the employer’s request, workmen will remain on the job after the

first two-hour period and, if so requested, workmen 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 virtually all of the remaining provisions stipulated 4 or

8 hours:

(107) 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.

(183) 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 Federal, 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. Payments 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, Christmas 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 holidays, more than 95 percent required double time for

work performed on those days:

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(185) Double time must be paid for work performed

on Saturdays, Sundays and the following holidays: New Year’s Day, Christmas Day, Decoration 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 premium 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) 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 performed only in emergencies or to* preserve life or property. Some require the approval of the union or management and in a few cases, both. Work on Labor

Day is generally prohibited :

(186) The following days shall be known as Holidays 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 association and the union.

(187) There shall be no work on Labor Day, except in special cases of emergency.

(141) Only in case of emergency shall work be performed on Labor Day.

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Part IX. Dispute Settlement Procedures

Page

Grievance and arbitration 47

Jurisdictional dispute procedures . 48

Strike and lockout bans 48

Favored nations . 48

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Part IX. Dispute Settlement Procedures

Grievance and arbitration

The grievance procedure is a mechanism for adjudicating an employee’s complaint (usually concerning work or working conditions) at successively

higher levels of management and the union. While

in most industries the progressive levels of consideration involved in a grievance from the first step to the

conclusion remains within the firm and the local

union, most construction industry agreements provide 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 procedure, as in other industries, arbitration is almost always used. In arbitration an impartial third party

renders a final and binding decision. Three percent

of the contracts provided solely for a grievance procedure, while more than 92 percent included both

grievance and arbitration systems:

(188) There shall be no strikes, lockouts, slowdowns or work stoppages because of complaints

or grievances until the following procedure is

carried out.

If a dispute arises concerning the administration of the contract, the steward will first take

the matter up with the employer’s superintendent

on the job. Failing agreement, the business representative 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 mentioned strikes, lockouts, etc., take place before

one full work day has elapsed.

This procedure shall not apply to craft jurisdiction.

(32) 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 disqualification of a member or members of the Arbitration 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 regular meeting.

The Joint Arbitration Committee shall consist of three members elected by [the association] and three members elected by [the union].

They shall have full power to enforce this agreement entered into between the parties hereto; to

make and enforce all lawful working rules governing both parties and such other matters that

may be of mutual interest and benefit to employers and employees, parties to this agreement.

There shall be no cessation of work on account of any dispute or misunderstanding. Should

any dispute or misunderstanding arise, the same

shall be referred to the Joint Arbitration Committee, 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 situation 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.

(189) A Joint Conference Committee shall be appointed by the . . . association and the union. This

committee will meet at least once per calendar

quarter for the purpose of discussing and promoting the welfare of the industry as a whole,

and resolving disputes, disagreements and grievances. 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 authority 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 resolve an issue by the parties involved.

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(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 determine remedies for all disputes submitted to it.

(3) If the issue cannot be resolved by the

Joint Conference Committee, a panel of 5 impartial arbitrators will be secured immediately

from a recognized agency which normally furnishes such panels. The arbitrator will be selected

by each party striking an equal number of proposed arbitrators from the panel. The remaining

individual shall be the arbitrator and his decision

shall be final and binding upon all parties concerned. 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 disputes 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 avoiding increased labor costs and strikes (which sometimes 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) 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.

(191) 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 dispute procedure was stipulated in 71 agreements, and

60 agreements referred the conflict to the international 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 working 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 lockouts. 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 contained 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

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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 agreement 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 established by negotiations through the Joint Arbitration 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 favorable 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 organizations 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 employers or employer associations and the members

thereof than this agreement, then such more favorable provisions shall become a part of and

apply to this agreement.

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Part X. Employee Benefits

Page

V acations............................. 51

Health and welfare plans . 5 2

Pension p la n s..................................................... 52

Penalty for delinquent fund contributions . 53

Workers’ compensation . 53

Industry advancement fund 53

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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.

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 vacation benefits paid from a general benefit fund. Vacation 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) between work projects or during winter months when

construction activity tends to slow:

(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 Vacation 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 employee 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 employers. The employer shall make all legal payroll

withholding for income tax, social security, employment 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 transmittal, on a monthly basis, to said bank.

The employers will, not later than the 10th

of the following month, forward a list of the individuals 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, provided, however, such vacation plan shall be subject 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.

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(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 IV2 days’ 

pay as a vacation allowance. The IV2 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.

Health and welfare plans

Health and welfare plans, found in 9 of 10 surveyed agreements, usually offer compensation protection 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 agreements established separate funds for individual benefits. 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. Welfare Fund, to be administered by a joint committee 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 provide 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, disability, 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 determined by the parties hereto. The employers agree 

to pay to the said welfare fund for the purposes 

above mentioned:

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.

(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 entitled Bay Area Painters Life Insurance Trust 

adopted and approved by the Board of Trustees 

of the Bay Area Painters Trust Funds on October 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 “Administration of Fringe Benefits” shall apply to the 

Bay Area Painters Life Insurance Trust.

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 unilaterally 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 contractor 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

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authorized to establish and implement such trust

fund, pension plan, trust agreement and reporting

forms as they consider necessary to the finalization 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.

Penalty for delinquent fund contributions

Most clauses establishing funds to provide benefits also specify a course of action to be taken as a result of nonpayment or delinquent payment:

(109) During the life of this agreement, each employer 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 41 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 delinquent 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 assessments, 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 required to invoke or resort to the grievance or

arbitration procedure otherwise provided for in

this agreement.

Workers’ compensation

Clauses which require employer contributions to

workers’ compensation insurance programs occur in

60 percent of the agreements. These plans, as required by State law, provide payment to workers or

their families for loss of income as a result of occupational 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 Security, Workmen’s Compensation and Unemployment Insurance, as provided by law, and shall

furnish satisfactory proof of such to the union

upon request.

Industry advancement fund

Somewhat fewer than half of the agreements include 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, ultimately benefit the employee. While many of the activities 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 apprenticeship training, advanced training and education,

safety education and other educational and informational programs for employee and industry

betterment.

This section shall remain in effect and not

subject to renegotiation for 1 year after the termination 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 declaration of trust dated February 21, 1972, there

was established the Industry Advancement Program of the Colorado Contractors Association,

Inc. This Industry Advancement Program, pursuant to the terms of said agreement and declaration of trust, is to be administered by a Board

of Trustees composed of 5 contractor representatives.

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The Industry Advancement Program and its

fund have been created for the purpose of receiving, 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 programs established to carry out the foregoing purposes, 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 members of the Colorado Contractors Association, Inc.

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Appendix A . Identification of Clauses

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

Clause Expiration

number Date

i Painting and Decorating Contractors of America, Inc.,

Greater Detroit and Wayne Chapters

Painters (PA T)

May 1974

2 Associated Brick Mason Contractors of Greater New York, Inc.

Bricklayers (BM P)

May 1973

3 Lehigh Valley Construction Council, Inc.,

Allentown, Pennsylvania

Roofers (RDW W )

June 1974

4 Electrical Contractors Association of Greater Boston, Inc.,

and National Electrical Contractors Association, Boston Chapter

Electrical Workers (IBEW )

September 1973

5 Builders Association of Kansas City .

Laborers (LIU N A )

March 1974

6 Building Trades Employers’ Association, Cleveland, Ohio

Plasterers (OPCM)

April 1973

7 Painting and Decorating Contractors of America, .

Arizona Chapter Number 1

Painters (PA T)

June 1973

8 Associated General Contractors of America, Inc., .

Michigan Chapter

Operating Engineers (IUO E)

April 1974

9 Ironworker Employers Association of Western

Pennsylvania

Iron Workers (BSOIW)

May 1973

10 Area Boilermaker Agreement, Southeastern States .

Boilermakers (BBF)

October 1973

11 Painting and Decorating Contractors of America Inc., .

Western Washington Chapters and Northwest Drywall

Contractors Association

Painters (PA T)

May 1974

12 Connecticut Construction Industries Association, Inc. .

Teamsters (IBT) (Ind.)

April 1974

13 Associated General Contractors of New Jersey .

Teamsters (IBT) (Ind.)

April 1972

14 Glass, Glazing and Mirror Contractors of Los Angeles .

and Vicinity

Painters (PA T)

February 1973

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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 (LIUNA)

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 icago..............

Operating Engineers (IUOE)

Associated General Contractors of America, Inc., Baltimore . .

Builders Chapter

Carpenters (CJA)

Association of Steel Erectors and Heavy Equipm ent.......................

Operators, Inc., Atlanta, Georgia

Ironworkers (BSOIW)

North Texas Contractors A ssociation...................................................

Roofers (RDWW)

Associated General Contractors of A m erica,.....................................

Inc., Houston Chapter

Laborers (LIUNA)

Associated General Contractors of America, I n c .,............................

South Florida Chapter

Laborers (LIUNA)

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 Pennsylvania,............................

Highway Work

Operating Engineers (IUOE)

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Mason Contractors Association of Allegheny County, .

Pittsburgh, Pennsylvania

Bricklayers (BMP)

33 . . . Contracting Plumbers Association of Brooklyn and Queens .

Plumbers (PPF)

34 . . . Akron Association of Plumbing, Heating and Cooling

Contractors

Plumbers (PPF)

35 . . . National Electrical Contractors Association, Inc., Rhode . .

Island and Southeast Massachusetts Chapter

Electrical Workers (IBEW)

36 . . Associated General Contractors of America, Inc., .

Northern and Central California Chapter

Carpenters (CJA)

37 . . Associated General Contractors of America, Inc., . .

Florida West Coast Chapter

Carpenters (CJA)

38 . . Allied Building Metal Industries, New York C ity ...................

Iron Workers (BSOIW)

39 . . Master Builders’ Association of Western Pennsylvania, Inc. .

Carpenters (CJA)

40 . . 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)

41 . Heating and Piping Contractors Association of Rhode . .

Island, Inc.

Plumbers (PPF)

42 San Diego Contracting Lathers Association .

Lathers (WWML)

43 . Associated Contractors of Ohio, Inc., Associated General .

Contractors of America, Inc., Cincinnati Chapter

Operating Engineers (IUOE)

44 . . Associated General Contractors of Minnesota, Builders Division .

Operating Engineers (IUO E)

45 . Contracting Plasterer’s Association of Southern California, Inc. .

Plasterers (OPCM)

46 . Associated General Contractors of America, Inc., . .

Northern and Central California Chapter

Plasterers (OPCM)

47 . National Transit Members, Nationwide Tank Erection . .

Contractors Agreement

Boilermakers (BBF)

48 . Painting and Decorating Contractors of America, Inc., .

Birmingham Chapter

Painters (PAT)

49 . Associated General Contractors of New Jersey, Inc., .

Operating Engineers (IUOE)

August 1972

May 1974

May 1973

June 1974

March 1973

June 1975

May 1973

May 1974

May 1973

April 1974

April 1975

April 1972

April 1973

June 1974

December 1974

March 1973

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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)

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Builders Exchange of Rochester, New York, Inc.,

Building Trades Erectors Association Division

Painters (PAT)

69 . . Lathing and Plastering Contractors of Louisville, Kentucky

and surrounding areas

Lathers (WWML)

70 .............................. Associated General Contractors of America, Inc., . .

Ohio Chapter, Central Ohio Division

Plasterers (OPCM)

71 . Builders Association of Eastern Ohio and Western .

Pennsylvania, Sheet Metal & Roofing Contractors

Division

Roofers (RDWW)

72 . . National Electrical Contractors Association, . .

Inc., Penn-Del-Jersey Chapter

Electrical Workers (IBEW)

73 .............................. Mechanical Contractors District of C olum bia.....................

Association, Inc.

Plumbers (PPF)

74 .............................. New York State Line Construction Contractors, Inc. . .

Electrical Workers (IBEW)

75 . . Sheet Metal Contractors Association of San Francisco . .

Sheet Metal Workers (SMW)

76 . . Builders Association of Chicago . . .

Plasterers (OPCM)

7 7 ............................. Painting and Decorating Contractors of America, Inc. . .

Youngstown Chapter, Ohio

Painters (PAT)

78 . Glazing Contractors of the St. Louis, Missouri Area . .

Painters (PAT)

79 . . National Electrical Contractors Association, Inc., . .

Florida West Coast Chapter

Electrical Workers (IBEW)

80 . . Area Boilermaker’s Agreement, Virginia . .

Boilermakers (BBF)

81 Master Lathers Association, Inc., Boston, Massachusetts .

Lathers (WWML)

82 . Industrial Contractors and Builders Association . .

of Indiana and 2 others

Iron Workers (BSOIW)

83 . The Master Builders’ Association of Western Pennsylvania,

Inc.

Laborers (LIUNA)

84 . . Building Trades Employers’ Association of The City . .

of New York

Plasterers (OPCM)

85 . . 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

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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

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Mechanical Contractors Association of Eastern ....

Pennsylvania, Inc.

Plumbers (PPF)

105 . . Painting and Decorating Contractors Association, Inc., . . .

Indianapolis

Painters (PAT)

106 .............................. National Electrical Contractors of America, Inc., . . .

Santa Clara Valley/San Benite Chapter

Electrical Workers (IBEW)

107 . . ....................... Associated General Contractors of Colorado, . .

Building Chapter, Inc. and 3 others

Laborers (LIUNA)

108 . . . . . Sheet Metal and Air Conditioning Contractors National . . .

Association, Omaha-Council Bluffs Chapter

Sheet Metal Workers (SMW)

109 .............................. Allied Construction Employers Association, Milwaukee . . .

Carpenters (CJA)

110 . . . New Jersey Mason Contractors A ssociation.......................

Bricklayers (BMP)

111 .............................. Heavy Constructors Association of the Greater Kansas . . .

City Area

Operating Engineers (IUOE)

112 .............................. Associated General Contractors of Minnesota, Inc. and . . .

2 others

Laborers (LIUNA)

113 .............................. Sheet Metal and Roofing Contractors Association of the . . .

Miami Valley, Ohio

Sheet Metal Workers (SMW)

114 .............................. National Electrical Contractors Association, Inc., . .

North Florida Chapter

Electrical Workers (IBEW)

115 . . Painting and Decorating Contractors of America, I n c .,..............

Minneapolis Chapter

Painters (PAT)

116 ................... Association of Contracting Plumbers of the City of . . .

New York, Inc.

Plumbers (PPF)

117 .............................. National Electrical Contractors Association, Inc., . . .

St Paul Chapter

Electrical Workers (IBEW)

118 .............................. Association of Master Painters and Decorators of the . . .

City of New York, Inc.

Painters (PAT)

119 .............................. Associated General Contractors of America, Inc., Oklahoma . . .

Chapter

Operating Engineers (IUOE)

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

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121 ............................ Mammas and Zeheralis, Inc., Gary, Indiana....................................... May 1973

Bricklayers (BMP)

122 .............................. Mechanical Contractor’s Association of Cleveland, Inc.................... April 1973

Plumbers (PPF)

123 . . Plumbing and Air Conditioning Contractors of A rizo n a .................. May 1975

Plumbers (PPF)

124 .............................. Associated General Contractors of America, I n c .,.............................. May 1973

Michigan Chapter and Southwestern Michigan Contractors

Association (Grand Rapids SMSA)

Carpenters (CJA)

125 . . . . . . National Electrical Contractors Association of Detroit, . . . May 1975

Michigan, Southeastern Michigan Chapter

Electrical Workers (IBEW)

126 . . . Construction Employers Labor Relations Association o f .................. May 1974

New York State, Inc.

Operating Engineers (IUOE)

127 . . . . . . LaPorte-Porter Contractors Association, Inc. and . . . May 1973

2 others, Indiana and Michigan

Carpenters (CJA)

128 .............................. National Elevator Industry, Inc.................................................................. March 1977

Elevator Constructors (IUEC)

129 .............................. Constructors Association of Western Pennsylvania . . . December 1975

Laborers (LIUNA)

Bricklayers (BMP)

Carpenters (CJA)

130 .............................. Contracting Lathers and Plasterers Association of . . . May 1975

Colorado, Inc.

Lathers (WWML)

131 .............................. Mechanical Contractors Association of Western Pennsylvania, . . May 1973

Inc.

Plumbers (PPF)

132 .............................. Associated General Contractors of America, Inc., . . March 1974

San Antonio Chapter

Carpenters (CJA)

133 .............................. Cement League, New York C it y .......................................................... June 1975

Lathers (WWML)

134 .............................. New England Mechanical Contractors Association, Inc., . . August 1977

Boston

Plumbers (PPF)

135 ............ . . . Associated General Contractors of America, Inc., . . . June 1973

California Chapter (Los Angeles area SMSA’s)

Carpenters (CJA)

136 .............................. Area Ironworking Agreement, Jacksonville, Florida . . . . April 1976

Ironworkers (BSOIW)

137 .............................. Electrical Contractors Association, Milwaukee Chapter . . . May 1975

Electrical Workers (IBEW)

138 .............................. Area Ironworking Agreement, Richmond, Virginia . . . June 1972

Iron Workers (BSOIW)

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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 (PAT)

Construction Industries of Massachusetts, Inc...................................... May 1974

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)

Air Conditioning Contractors of Arizona . . ......... July 1972

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 hicago............ March 1973

Painters (PAT)

Construction Employers Labor Relations Association of . . . April 1973

New York State, Inc.

Laborers (LIUNA)

National Automatic Sprinkler and Fire Control Association............ 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)

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
158 . . Associated General Contractors of America, Inc., Detroit

and Michigan Chapters

IronWorkers (BSOIW)

June 1974

159 New England Roadbuilders Association, Massachusetts . .

Teamsters (IBT) (Ind.)

April 1976

160 Roofing and Sheet Metal Contractors Association of .

Philadelphia and Vincinity

Sheet Metal Workers (SMW)

April 1973

161 . Associated General Contractors of Massachusetts, Inc.............

Building Trades Employers Association of Boston and

Eastern Massachusetts, Inc.

Operating Engineers (IUOE)

February 1973

162 . Associated General Contractors of America, Inc., .

Oregon Chapter

Bricklayers (BMP)

May 1973

163 . Associated General Contractors of America, Inc. .

Rhode Island Chapter

Laborers (LIUNA)

April 1973

164 . North Texas Contractors Association .

Plumbers (PPF)

April 1973

165 . Associated General Contractors of Ohio, Inc.

Cincinnati Chapter and 2 others

Laborers (LIUNA)

May 1973

166 Plumbing-Heating and Piping Employers, Northern California .

Plumbers (PPF)

June 1975

167 . General Building Contractors Association, Inc., Philadelphia .

Carpenters (CJA)

April 1973

168 . North Texas Contractors Association . .

Laborers (LIUNA)

April 1973

169 . Mason Contractors Association of Baltimore, Maryland, Inc. .

Bricklayers (BMP)

April 1973

170 Detroit Mason Contractors’ Association, Detroit Chapter, Inc. .

Bricklayers (BMP)

June 1974

171 Associated General Contractors of America, Inc.............................

Seattle Northwest, Tacoma and Mountain Pacific Chapters

Carpenters (CJA)

June 1974

172 . Associated Contractors of America, Inc., Oregon-Columbia .

Chapter and 2 others

IronWorkers (BSOIW)

July 1973

173 Associated General Contractors of America, Inc., .

Northeastern Florida Chapter

Carpenters (CJA)

April 1974

174 . General Building Contractors Association, Inc., Philadelphia .

Plasterers (OPCM)

April 1973

175 . Mason Contractors Association of Oregon and Contracting .

Plasterers Association of Oregon

Laborers (LIUNA)

May 1973

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
176 April 1975

177 .

178

179

180

181

182

183

184

185

186 .

187 .

188

189

190

191

192 .

193 .

194 .

Associated General Contractors of Minnesota, Minneapolis and .

St. Paul Builders and Outstate Builders Divisions, and

Duluth Contractors Association

IronWorkers (BSOIW)

Associated General Contractors of Massachusetts, Inc.

and 6 others

Bricklayers (BMP)

Associated General Contractors of Massachusetts, Inc. a n d ...........

Building Trades Employers’ Association of Boston and Eastern

Massachusetts, Inc.

Plasterers (OPCM)

Associated General Contractors of America, Inc., Utah Chapter

Plasterers (OPCM)

Electrical Contractors’ Association of City of Chicago .

Electrical Workers (IBEW)

Associated General Contractors of America, Inc., .

Tacoma Chapters

Operating Engineers (IUOE)

Associated General Contractors of Minnesota, Highway and .

Heavy Division

Plasterers (OPCM)

Associated Building Contractors of Northwestern Ohio, Inc. .

Laborers (LIUNA)

Contractors Association of Eastern Pennsylvania . .

Teamsters (IBT) (Ind.)

Eastern New York Construction Employers, Inc. .

Iron Workers (BSOIW)

Building Contractors and Mason Builders’ Association of .

Greater New York

Laborers (LIUNA)

Plastering and Lathing Contractors Association, Cincinnati .

Plasterers (OPCM)

West Tennessee Construction Industry Collective Bargaining .

Group, Inc.

Carpenters (CJA)

Mechanical Contractors Association, Louisville, Kentucky .

Plumbers (PPF)

Building Trades Erectors Association of Western Massachusetts, Inc.

Bricklayers (BMP)

Omaha Building Contractors Employers Association . .

Laborers (LIUNA)

Associated General Contractors of America, Inc., .

Oklahoma Chapter

Laborers (LIUNA)

Drywall, Taping and Finishing Contractors of Omaha, .

Nebraska

Painters (PAT)

Mechanical Contractors Chicago Association .

Plumbers (PPF)

April 1973

April 1974

June 1975

December 1973

May 1973

April 1972

May 1974

December 1973

May 1973

May 1975

May 1973

April 1975

July 1974

April 1973

May 1974

May 1973

May 1973

Open End

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
195 .............................. Western Insulation Contractors Association, Western .

Washington Chapter

Asbestos Workers (HFIA)

July 1972

196 . . . Associated General Contractors of America, Inc., . . .

Detroit Chapter

Teamsters (IBT) (Ind.)

May 1974

197 .............. .............. Associated Tile Contractors of Philadelphia................................

Bricklayers (BMP)

. . . April 1974

198 .............. .............. Painting and Decorating Contractors Association o f ................

San Francisco, Inc. and 2 others

Painters (PAT)

. . . . June 1974

199 . National Electrical Contractors Association, Los Angeles . . .

County Chapter

Electrical Workers (IBEW)

May 1975

200 . . . Associated General Contractors of St. Louis, and Site ....

Improvement Association

Laborers (LIUNA)

. . . . May 1974

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
Appendix B. Subject Index of Agreement Provisions

Abnormal working conditions, pay differential for . . 40

Advance notice:

L a y o ff................................................................................ 22

Project sta rt...................................................................................................................... 

Schedule changes.............................................................................................................. 

Agency shop ....................................................................................... 3

Allowances:

Lodging 38

Meals .......................................................................................................................... 

Parking . 39

Per diem ........................................................................ 39

Transportation............................................................... 38

Travel time .................................................................... 38

Antidiscrimination p rovisions............................................ 4

Apprenticeship:

Admission standards ................................................. 8

Committee .................................................................................................................................................................. 8

Fund ............................................................................. 8

L en gth ........................................................................................................................................................................... 9

Ratio, apprentices to journeym en............................................................................................................................ 9

Arbitration provisions........................................................................................................................................................ 47

Assessments, checkoff o f .................................................................................................................................................... 3

Basic rate structure............................................................................................................................................................. 36

Bonding, em ployer............................................................................................................................................................. 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 ents)............................................................................. 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 business...................................................................................................................................... 3

Compensation, method of ................................................. 36

Conference, pre-job ......................................................................................................................................................... 12

Construction standards ................................................................................................................................................. 26

Crew size rules ................................................................................................................................................................. 23

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
Daily hours of work . 31

Daily overtime:

Hours 32

Rate ............................ 32

Death benefits....................... . 5 2

Deferred wage increases........................................................ . 3 6

Differentials, abnormal conditions and hazardous work 40

Differentials, shift . 39

Dispute settlement:

Grievance-arbitration 47

Jurisdictional .......................... . 4 8

Distribution of overtime, equal 33

Dues checkoff................................... 3

Duration of apprenticeships 9

Employee:

Benefit funds ................................................... . 5 2

Comfort and sanitary facilities.......................... . 2 8

Right to refuse work in inclement weather . . 1 8

Rights and obligations concerning safety 18

Transfers, restrictions o n ....................... 26

Employer:

Limitations on working with tools of trade 24

Obligations concerning sa fe ty ............................ . 1 9

Right to hire .............................................. 14

Right to reject union referrals 14

Right to retain key personnel 15

Equal distribution of overtime.................. 33

Equipment and tools .............................. 24, 27, 28

Examinations, pre-hiring............................ 15

Facilities, employee shelter and sanitation . 28

“Favored nations” clauses ................................ 48

Funds:

Apprenticeship................................................. - 8

Health and w elfare.............................................. 52

Health insurance..................................................... 52

Industry advancement............................................ 53

Loss-of-income .............................................. 52

Pension ...................................................................... .... 52

Security, wage and fu n d ......................................... . 37, 53

Vacation ............................................................... 51

Workers’ compensation . 53

General supervisors 5

Graduated rate:

Overtime ................................................................... 33

Saturday ........................................................................ 33

Grievance procedures........................................................ 47

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
Hazardous work, pay differentials f o r ...............................................................................................................................40

Health and welfare fu n d ...................................................................................................................................................... 52

Plight, rules governing maximum w o r k .......................................................................................................................... 23

ffiring:

Older w orkers............................................................... 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 unpaid.............................................................................................................................................44

Hours of w ork ...................................................................................................................................................................... 31

Hours, scheduled w eekly................................................................................................................................................... 31

Inclement weather ............ . 1 8

Industry:

Advancement fund .............................................................................................................................................. 53

Initiation fees, ch eck off................................................................................................................................................... 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 irin g ............................................................................................................................ 14

Lodging, travel allowance f o r .......................................................................................................................................... 38

Loss of income benefits...................................................................................................................................................... 52

Maintenance of higher r a te ............................................................................................................................................... 38

Maintenance of membership ............................................ 2

Management righ ts............................................................................................................................................................ 5

Materials, limitations on employers’ use o f ......................................................................................................................22

Meal periods, p a id ............................................................................................................................................................... 43

Meals, allowance for ........................................................ 38

Medical care benefits...........................................................................................................................................................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

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
Nonbargaining unit personnel, restrictions on work b y . . . 24

No-strike, no-lockout provisions 48

Notice provisions 12, 22

Older worker provisions 16

On-the-job training 10

Order of referral in hiring 13

Overtime;

Daily overtime hours 32

Daily overtime rate . 32

Equal distribution of ..............................................

. . . . 33

For work performed during regular meal period . 32 43

Graduated .......................................................

. 33

Outside regularly scheduled hours .......................

32

Rate for work outside regularly scheduled hours 32

Restrictions on . . . . 33

Weekend work . 33, 34

Weekly overtime 32

Paid meal period 43

Paid rest period 42

Parking allowance . . 39

Payment for time not worked . 42, 43

Penalty:

On employee for poor workmanship .........

27

On employee for violation of referral rules . . . . . 15

On employer for wage or benefit fund default . . 37, 53

Pension fund 52

Per diem allowance..............

. 39

Poor workmanship penalty . . 27

Portal-to-portal pay 42

Pre-hiring examination provisions 15

Pre-job conference ............................ 12

Prefabricated materials, limitations . 22

Preferential hiring of local residents 14

Premium pay :

Holidays 44

Saturday 33

Sunday 33

Prerequisites for apprenticeship

8

Project start, advance notice of 12

Rain gear provisions 18

Rate structure 36

Ratio:

Apprentices to journeymen

9

Journeymen to supervisors

5

Older workers to total workers 16

Reopeners .......................................... 36

Repairs, jurisdiction of equipment . 27

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
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 changes....................................................................................................................................................... 31

Shift work ................................................................................................................................................................. 39

Weekend w ork ............................................................................................................................................................ 34

Working employers ................................................................................................................................................... 24

Working h ou rs....................................................................................................................................................... 33, 34

Safety:

Employee rights and obligations............................................................................................................................ 18

Employer obligations .............................................................................................................................................. 19

Labor-management committees ............................................................................................................................ 20

Saturday work ................................................................................................................................................................. 33

Schedule changes, limitations o n .................................................................................. 31

Settlement of disputes:

Grievance and arbitration ..................................................................................................................................... 47

Jurisdictional disputes procedure............................................................................................................................ 48

Shift work:

Method of com pensation.......................................................................................................................................... 39

Money differentials................................................................................................................................................... 39

Restrictions o n .............................................................................................................................. 39

Variations in shift work h ou rs................................................................................................................................. 39

Short-term job clau ses........................................................................................................................................................ 15

Single r a te s.......................................................................................................................................................................... 36

Standards, construction ................................................................................................................................................... 26

Stewards .......................................................................................................................................................................... 3

Strike and lockout b a n s................................................................................................................................................... 48

Subcontracting, limitations o n .......................................................... 25

Supervisors:

General ..................................................................................................................................................................... 5

Minimum number of journeymen requiring hiring o f ................................................................................. 5

Ratio of workers t o ..................................................... 5

Superseniority for union stewards ................................................................................................................................ 4

Sunday work ...................................................................................................... 33

Technological changes, no opposition to introduction o f ........................................................................................... 6

Tools and equipment, rules limiting use o f .................................................................................................................. 24

Tools, furnishing, replacing and storin g................................................................................................................27, 28

Training, on-the-job ....................................................................................................................................................... 10

Transfer, restrictions on em ployee................................................................................................................................ 26

Transportation allowance .............................................................................................................................................. 38

Travel time allow ance....................................................................................................................................................... 38

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
Union business, pay for time on 3

Union security provisions 2

Union shop 2

Unrestricted work provision 6

Vacation, paid fund 51

Wage:

Adjustments.............. 36

Basic rate structure 36

Deferred increase .............. 36

Employer payment default . 37

Maintenance of higher rate 38

Reopener............................ 36

Security, wage and fund . 37

Waiver of reporting p a y ..................................... 44

Washup, cleanup and clothes changing time 42

Weekly hours of w o rk ................................ 31

Weekend work, restrictions on 34

Weight limitations 23

Work clothing............................ 29

Work rules concerning sa fety ......... 18, 19

Working employer, restrictions on 24

Workers’ compensation requirement . 53

Digitized for FRASER 

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Federal Reserve Bank of St. Louis
BUREAU OF LABOR STATISTICS 

REGIONAL OFFICES

Region 1

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 III

P.O. Box 13309 

Philadelphia, Pa. 19101 

Phone: (215) 596-1154

Region IV

1371 Peachtree Street, N.E. 

Atlanta, Ga. 30309 

Phone: (404) 526-5418

Region V

9th Floor

Federal Office Building 

230 S. Dearborn Street 

Chicago , III. 60604 

Phone: (312) 353-1880

Region VI

Second Floor

555 Griffin Square Building 

Dallas, Tex. 75202 

Phone: (214) 749-3516

Regions V II and V III*

911 Walnut Street 

Kansas City, Mo. 64106 

Phone: (816) 374-2481

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

Digitized for FRASER 

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Federal Reserve Bank of St. Louis