SOUTHWESTDRYWALL / LATHINGMASTER AGREEMENT

between

DRYWALL / LATHINGCONFERENCE

of the

WESTERN WALL & CEILINGCONTRACTORS ASSOCIATION, INC.

and the

SOUTHWEST REGIONALCOUNCIL OF CARPENTERS

of the

UNITED BROTHERHOOD OFCARPENTERS AND JOINERS

OF AMERICA

JULY 1, 2012 TO JUNE 30, 2016

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TABLE OF CONTENTS

Article Sec. PageNo. No.

Annuity Plan XXIII 51

Audit & Contract Enforcement XVI 36

Bonding VII 7 15

Western States Drywall/Lathing IndustryLabor-ManagementCooperation Committee XV 35

Carpenters-ContractorsCooperation Committee XXI 50

Discrimination VII 3 14

Drug Testing VII 11 17

Drywall/Lather Apprentice Program XII 30

Employees Transfers IV 4 11

Existing and Other Agreements X 24

General Conditions VII 13

General Savings Clause XIX 40

Grievance Procedure VIII 18

Hiring IV 2 8

Holidays XX 1 41

Job Registration XI 29

Jurisdictional Disputes VI 12

Overtime XX 2(b,c) 41

Owners Working at Trade III 2 7

Panels I 3 2

Parties Covered by Agreement 1

Parking Expense XX 4(f) 44

Payment of Wages XX 4 43

Piece Work Incentive Standards XVII 38

Piece Work, Travel Pay, Subsistence VII 1 13

Power Tools VII 2(a) 13

Pre-Apprentice XII 10 31

Recognition of Parties III 7

Reduction in Hours XIII 32

Safety VII 2(a) 13

Scaffolding I 8 5

Screw Guns VII 2(b) 14

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Western Wall and CeilingContractors IndustryAdvancement Fund XVIII 40

Secial Shifts XX 3 42

Stewards IX 22

Stocking & Scrapping XX 6(i) 49

Strikes & Lockouts V 11

Subcontracting II 6

Subsistence XX 5(d) 45

Supplemental Dues XIV 4 33

Taping (Covered Work) I 7 4

Term of Agreement XXIV 52

Trust Funds & Committees(Health & Welfare; Pension;Training Fund; Vacation Trust;Carpenter-Contractor Coop. Comm.Western States Drywall/LathingIndustry Labor-ManagementCooperation Committee, Inc.) XIV 32

Union Security IV 1 8

Voluntary Recogntion Agreement X 7 28

Working Conditions(includes working rules; holidays;fringe benefits; wages, price rates) XX 41

Work Covered I 2

Work Out of Area X 8 29

Workers’ Compensation/Industrial Injury VII 4 14

Work Preservation X 6 26

Work Preservation Committee XXII 51

Work Stoppages VI 1 12

Appendix - SD San Diego County 53

Appendix A - Memorandum of UnderstandingDrug and Alcohol Abuse Prevention and Detection 56

Appendix B - Residential Drywall 60

Article Sec. PageNo. No.

2012-2016SOUTHWEST

DRYWALL/LATHING MASTER AGREEMENT

THIS AGREEMENT, effective July 1 2012, by andbetween the CALIFORNIA DRYWALL/LATHINGCONFERENCE of the WESTERN WALL & CEIL-ING CONTRACTORS ASSOCIATION, INC. onbehalf of its respective members, hereinafter referredto as the “CONTRACTORS” or “ASSOCIATION”, or“WWCCA”, and the SOUTHWEST REGIONALCOUNCIL OF CARPENTERS, of the United Brother-hood of Carpenters and Joiners of America, for andon behalf of their affiliated Local Unions in the Statesof California, Arizona, Nevada, Utah, New Mexico,West Texas and Colorado hereinafter referred to asthe “Union” or Regional Council.

WITNESSETH:

WHEREAS, the Contractors are engaged in Dry-wall/ Lathing/ Plastering and Interior Systems con-struction work in the State of California and theSouthwestern United States; and

WHEREAS, industry-wide collective bargainingis the established and the desirable practice and pro-cedure in construction work; and

WHEREAS, the Association is the establishedand recognized representative of a majority of Dry-wall Lathing/ Plastering and Interior Systems Con-tractors in Southern California and the SouthwesternUnited States and has historically and, in fact, repre-sented and does represent the industry in this capac-ity; and

WHEREAS, it is the desire of the parties toestablish uniform rates of pay, hours of employmentand working conditions for persons employed to per-form work covered by this agreement, employed bythe Contractors; and

WHEREAS, it is the desire of the parties heretoto provide, establish and put into practice effectivemethods for the settlement of misunderstandings,disputes or grievances between the parties hereto, tothe end that the Contractors are assured continuity ofoperation and the employees and persons employedto perform work covered by this agreement areassured continuity of employment, and industrial

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peace is maintained and the business of the industryefficiently increased;

NOW, THEREFORE, in consideration of thepremises and of the respective covenants and agree-ments of the parties hereto, each of which shall beindependent, it is hereby agreed:

ARTICLE IWORK COVERED BY THIS AGREEMENT

The work covered by this Agreement shallinclude but shall not be limited to the followingdescribed work at the construction job site:

Section 1. The installation, carrying, transporta-tion, handling, stocking and scrapping of all materialsand component parts of all types of ceilings regard-less of their material or composition or method ormanner of installation, attachment or connection,including but not limited to all hangers, carrying chan-nels, cross furring, stiffeners, braces, all bars regard-less of material or method of attachment, all integrat-ed gypsum wallboard ceiling heat panels, all radiantheat ceiling backing, all main tees, all cross tees, allsplines, all wall and ceiling angles or moldings, allbacking board and all finish ceiling materials, regard-less of method or manner of installation.

Section 2. All work in connection with the instal-lation, erection, and/or application, carrying, trans-portation, handling, stocking and scrapping of allmaterials and component parts of walls and partitionsregardless of their material composition or method ormanner of their installation, attachment or connec-tion, including but not limited to all floor and ceilingrunners, studs, stiffeners, cross bracings, fire block-ing resilient channels, furring channels, doors andwindows, including frames, casing molding, baseaccessory trim items, gypsum drywall materials, lam-inated gypsum systems, backing board for all sys-tems, including but not limited to thin coat and otherfinished systems, plastic and/or paint finished bases,finish board, fireproofing of beams and columns, fireproofing of chase, sound and thermal insulationmaterials, fixture attachments including all layoutwork, preparation of all openings for lighting, air ventsor other purposes, and all other necessary or relatedwork in connection therewith.

Section 3. All interior and exterior metal stud pan-els shall be constructed on the jobsite by carpentersworking under the provisions of this Agreement. TheContractor may subcontract work on metal stud pan-

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els or framed walls in accordance with the terms ofthis Agreement; provided that such work by a sub-contractor shall be performed by Carpenters underthe terms of this Agreement. A Contractor party to thisAgreement may construct such panels away from thejobsite, and such work shall be performed under theterms of this Agreement only by Carpenters that areemployees of the Contractor. This provision will notapply to load bearing metal stud panels used on proj-ects where traditionally load bearing panels wouldhave been constructed of wood, such as single fami-ly homes, apartments, dormitories or condominiumsup to five stories in height (excluding subterranean orpodium parking structures) or other projects coveredby Appendix F of the Carpenters Master Labor Agree-ment, where approved by the Work PreservationCommittee. The provisions of this Section shall notapply to the manufacturing of identifiable standardmanufactured commercial brand name forms. Car-penters shall assemble and install such forms on thejobsite.

Section 4. No limitation shall be placed on thework covered by this Agreement by reason of the sur-face or texture for which the materials describedherein are used, designed or intended.

Section 5. It is further specifically understood thatthe installation, tieing and connection of all types oflight iron and metal studs and all types of light ironfurring erected to receive the materials specified inthis article, including but not limited to gypsum wall-board, walls, partitions, gypsum wallboard ceilingheat panels, backing boards, plastic or acousticalmaterials or any material attached to the above-described light iron construction is specifically includ-ed in the work covered by this Agreement.

Section 6. (a) The installation, erection and con-struction to include the work of fabrication of all mate-rials to receive a plaster finish, to also include thecompleting of all light iron construction, furring, mak-ing and erecting of brackets, clips and hangers; metallath, corner beads and arches erected for the pur-pose of holding gypsum plaster, cement plaster andall other plaster bases.

(b) All carrying bars, purlins, and furring, regard-less of size, light iron and metal furring of all descrip-tions such as rods, channel flat iron and other ceilingsystems for the receipt of metal lath, or rock lath, andall other plaster bases which are to receive plaster onone or both sides, to include any and all plasteringaccessories.

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(c) The nailing, tieing, cutting, welding and fas-tening, regardless of method, of the above and allwire and metallic lath of all descriptions connectedtherewith.

(d) The placing, handling, moving and erection ofall materials which fall within the description of workset forth in this section from the site of delivery on thejob to the point of the job where the work is to be per-formed.

Section 7. (a) All work operations after the initialunloading of the drywall finisher’s material on the jobsite, including distribution onto the point of applica-tion.

(b) Work or services pertaining to the prepara-tion, spotting, pointing, detailing, taping, flushing,sanding and finishing of interior and/or exterior gyp-sum, drywall, thinwall, concrete, steel, wood andplaster surfaces.

(c) Work or services pertaining to the applicationof all finish or flushing materials regardless of methodof application or type of surface on which materialsare applied, including but not limited to texture andsimulated acoustic materials of all types and theapplication of radiant heat fill and steel fireproofingmaterials.

(d) Work or services pertaining to the installationof protective coverings and masking prior to the appli-cation of finish materials.

(e) The operation and care of all taping tools andtexturing equipment used in the finishing and textur-ing of drywall and other surfaces including brushes,rollers, spray texturing equipment, miscellaneoushand mechanical and power tools, and the operationand maintenance of compressors required in the fin-ishing and texturing of such surfaces.

(f) This Agreement shall also cover all interiorand/or exterior wall finish work, including EIFS andother wet wall finish work, which work shall be per-formed under the terms of this Agreement by journey-man or apprentice Drywall/Lathers.

(g) The Union understands and recognizes thatthe WWCCA and its members are signatory to a col-lective bargaining agreement with the Painters and/orPlasterers and Plasterer Tenders covering drywallfinishing and wet wall finish work. The parties agreethat Article I, Section 7 shall apply only to those sig-natory employers who are not already signatory to a

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collective bargaining agreement with the Paintersand/or Plasterers and Plasterer Tenders covering thedrywall finishing or wet wall finish work as describedin Article I Section 7 of the agreement and whochoose to assign that work to the Painters and/orPlasterers and Plaster Tenders. The Union agreesnot to invoke or enforce Article I, Section 7 or to cre-ate any jurisdictional dispute concerning the workdescribed in that section against any signatoryemployer that is also signatory to an agreement withthe Painters and/or Plasterers and Plasterer Tenderscovering the drywall finishing or wet wall finish workand who chooses to assign that work to the Paintersand/or Plasterers and Plasterer Tenders, as long assuch contract remains in effect.

Section 8. This Agreement shall cover all work inconnection with self supporting scaffolds or scaffoldbuilt for special purposes including, but not limited to,handling, building, erecting and disassembling, andthe operation of all equipment, including lifts andother mobile equipment used in connection with thiswork. Scaffold erected and dismantled by the con-tractor, shall be the work of the Carpenters. Singlecraft scaffold up to 14 feet in height may be erectedby Plaster Tenders.

Section 9. The provisions of this article shall notbe used or applied in any manner so as to be incon-sistent with any applicable provisions of the followingagreements:

(a) Carpenters Master Agreement for NorthernCalifornia;

(b) Southern California Carpenters MasterLabor Agreement;

Section 10. Should any individual employer partyto this agreement perform any work as a general con-tractor, developer, or do any related carpentry workas specified in the local area Carpenters MasterAgreements, he or it shall do so under the terms andconditions of the then current appropriate CarpentersMaster Agreements in said areas.

Section 11. If a Contractor performs work in theState of Nevada, such work will be performed pur-suant to the Agreement between the Association andthe Union covering the State of Nevada. If the Con-tractor performs work in the States of Arizona, Utah,New Mexico, West Texas or Colorado, such work willbe performed pursuant to the Arizona, Utah, NewMexico, West Texas or Colorado Appendices to this

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Agreement. The terms of the Arizona, Utah, NewMexico, West Texas and Colorado Appendices will bemodified from time to time to reflect changes agreedto in those areas by a majority of local contractors.The Union will promptly notify the Association ofchanges applicable to other states and will meet todiscuss such changes with the Association uponrequest.

ARTICLE IISUBCONTRACTING

Section 1. No contractor may subcontract anywork, including solely the furnishing of labor, coveredby this Agreement to any person, firm or corporation,except upon prior written approval of the RegionalCouncil and upon written approval from the RegionalCouncil only to an individual contractor who is prop-erly licensed and signatory to this Agreement andagrees to comply with the provisions of this Agree-ment.

Section 2. The provisions of this Agreementspecifically prohibit the use of labor brokers or laborcontractors who either, as a subcontractor, furnishworkers to perform work covered by this Agreementor, as labor brokers, who arrange for workers to beplaced upon the payroll of any contractor. A labor bro-ker is any person, firm or corporation who hires orarranges for the hire of employees, but who neithersupplies nor is primarily responsible for the paymentof materials used on the job.

Section 3. Notwithstanding any provision of thisArticle II, the contractor may subcontract stockingand scrapping to any contractor who is a signatory tothis Agreement or to an agreement with a labororganization affiliated with the National ConstructionAlliance or the International Brotherhood of Team-sters.

Where stocking is performed by the seller of thematerial, whether a manufacturer/distributor or deal-er, and whether the price listed on the invoiceincludes an amount for stocking or is listed separate-ly, the Employer signatory to this Agreement shall notbe held responsible for the labor affiliation of thestocking entity.

Section 4. Notwithstanding any provisions of thisAgreement or any Memorandum Agreement to thecontrary, provisions of this Section shall not beenforced by strike action or any other form of jobshut-down or work interference; provided, however,

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that the rights provided in Article VIII (Grievance Pro-cedure) of this Agreement are retained to enforce pri-mary obligations of any individual employer.

ARTICLE IIIRECOGNITION OF PARTIES

Section 1. The Contractors hereby recognize theUnion as the sole and exclusive collective bargainingrepresentative of all employees and personsemployed to perform work covered by this Agree-ment. Employees and persons employed to performwork covered by this Agreement specifically includeCraft Foremen and any supervisory person who reg-ularly gives orders directly to the workers covered bythis Agreement.

Section 2. No contractor, whether he is a soleproprietor, a partner, a shareholder, a member of theboard of directors of a corporation, or in any otherway interested in the profits of the Contractor, shallbe permitted to perform work covered by this Agree-ment, and work with the tools of the trade unless thecontractor employs at least one journeyman. In noevent shall more than one such contractor be permit-ted to perform work covered by this Agreement byusing the tools of the trade. Whenever such singlecontractor is permitted to use the tools of the trade,he shall be deemed an employee covered by all pro-visions of this Agreement, including but not limited tothe Provisions of Article IV.

Section 3. The Union hereby recognizes the Cal-ifornia Drywall/Lathing Conference of the WesternWall and Ceiling Contractors Association, Inc. as thesole and exclusive bargaining representative for itsrespective members, present and future, who are, orhereafter become members, and agrees that duringthe term of this Agreement it will not negotiate orenter into any Agreement with such individual mem-bers of the Association relative to part or all of thesubject matter covered by this Agreement.

Section 4. This Agreement shall be binding uponeach and every member of the CaliforniaDrywall/Lathing Conference of the Western Wall andCeiling Contractors Association, Inc. with the sameforce and effect as if this Agreement were enteredinto by each member individually. All members of theCalifornia Drywall/Lathing Conference of the WesternWall and Ceiling Contractors Association, Inc. shallbe and continue to remain liable under this Agree-ment for and during the term hereof, irrespective ofwhether said members shall resign from the Associa-

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tion prior to the expiration date of this Agreement,and such liability shall be deemed to have survivedthe termination of said membership and remain inforce for and during the terms of this Agreement.Such former members shall be bound by anyrenewals, modifications, or extensions of this Agree-ment unless they give the Association and the Unionat least sixty days’ written notice prior to the expira-tion date, or any subsequent yearly anniversary datethereafter, of their intent not to be bound by the newor renewed Agreement. The California Drywall/Lath-ing Conference of the Western Wall and Ceiling Con-tractors Association, Inc. shall advise the Union ofnew and resigned memberships quarterly.

ARTICLE IVUNION SECURITY/HIRING

Section 1. UNION SECURITY

Every person performing work covered by thisAgreement who is a member of any Local Union affil-iated with the Union and in employment of a contrac-tor on work covered by this Agreement, on the effec-tive date of this Article IV shall, as a condition ofemployment or continued employment, remain amember in good standing of the Union in the appro-priate Local Union. Every other person covered bythis Agreement shall be required, as a condition ofcontinued employment to apply for and become amember of and to maintain membership in goodstanding in the appropriate Local Union of the Unionwhich has territorial jurisdiction of the area in whichsuch person completes his eighth (8th) day ofemployment. Such application shall be made withineight (8) days after the beginning of such employ-ment for any contractor in the geographical jurisdic-tion of the Southwest Regional Council and employ-ment for any or all contractors shall be accumulatedfor purposes of determining the running of the eight(8) day period. Membership in the appropriate LocalUnion shall be available upon terms and qualifica-tions not more burdensome than those applicable atsuch time to other applicants for membership in theLocal Union. Membership in the Union shall be inter-preted to mean only those obligations which arelegally required and payment of those fees which arechargeable under applicable law.

Section 2. HIRING

(a) In the employment of persons for all work cov-ered by this Agreement, the following provisions sub-ject to the conditions of this Article IV shall govern.

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(b) The Regional Council shall establish andmaintain open, non-discriminatory employment listsfor the employment of workers in the work and areajurisdiction of the Regional Council. The Union maycharge workmen a reasonable fee for the use of itsemployment lists.

(c) Contractors shall first call upon the RegionalCouncil for such workers as they may from time totime need, and the Regional Council shall furnish tothe Contractors the required number of competentpersons of the classifications needed by the Contrac-tors.

(d) It shall be the responsibility of the Contractorswhen ordering persons to give the Regional Councilall of the pertinent information regarding the person’semployment.

(e) The Regional Council will furnish, in accor-dance with the request of the Contractor, such com-petent persons from among those entered in the fol-lowing order of preference, and the selection of per-sons for referral to jobs shall be on a non-discrimina-tory basis as to Union membership or lack of mem-bership or Union good standing. The Regional Coun-cil shall register and dispatch persons from theemployment lists without discrimination as to Unionaffiliation, and such registration and dispatch shallnot be affected in any way by rules, regulations, by-laws, constitutional provisions, or any other aspect orapplication of Union policies or requirements.

(1) Persons who, within the five (5) yearsimmediately before the Contractor’s orderfor workers, have performed work of thetype covered by this Agreement in theCouncil’s area jurisdiction and are avail-able for employment.

(2) Persons whose names are entered on saidlists and who are available for employment.

(f) The Union shall furnish the Association uponrequest, information concerning hiring hall regula-tions and territorial jurisdiction of the Regional Coun-cil.

(g) When ordering workers Contractors will givenotice to the Regional Council not later than 2:30p.m. of the day prior (Monday through Friday), in anyevent, not less than 17.5 hours before the requiredreporting time, and in the event that, 48 hours (exclu-sive of Saturdays, Sundays, and Holidays) after such

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notice, the Regional Council does not furnish suchpersons, the Contractor may procure persons fromany other source or sources. If persons are soemployed, the Contractor shall, prior to the com-mencement of work of such employee, instruct per-sons so employed to report to the Local Union officeand be issued a dispatch slip.

For purposes of this sub-section, the 48 hour pro-vision shall commence with the beginning of dispatchhours of the Regional Council next following the plac-ing of the job order.

In the event that any person dispatched for thefirst day’s work does not arrive ready for work withinthe stipulated working hours under this Agreement,he shall be paid only for hours actually worked, pro-vided there has been compliance with the conditionsreferred to in Article IV.

(h) Subject to the foregoing, Contractors shallhave complete freedom of selectivity in hiring andContractors retain the right to reject any job applicantreferred by the Union for any reason. Upon comple-tion of the third (3rd) day of employment the employ-er may not discharge any employee except for justcause, provided there shall be no discrimination onthe part of the Contractor against any employee, norshall any such employee be discriminated against ordischarged for activities in behalf of, or representa-tion of the Union not interfering with the proper per-formance of that persons duties. Grievances involv-ing this Section shall be subject to Article VIII (Griev-ance Procedures).

(i) Nothing in this section shall impair or modify inany way whatsoever the procedures and rightsembodied in Article IX.

(j) The Regional Council shall post in placeswhere notices to applicants for employment with theContractors are customarily posted all provisionsrelating to the function of the hiring arrangements,including the provisions of this Agreement, and theprovisions of the applicable hiring procedures in eachof the contract areas, as set forth above.

Section 3. No representative of the Union shallinterfere with the employment relationship betweenthe Contractor and the employees unless specificallypermitted by this Agreement and shall not encourageemployees to leave one contractor to be employed byanother contractor.

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Section 4. (a) Selection of applications for refer-ral to jobs pursuant to this Agreement shall be on anon-discriminatory basis and shall not be based on,or in any way affected by Union membership, bylaws,rules, regulations, constitutional provisions or anyother aspect or obligation of Union membership, poli-cies or requirements, provided that the provisionshereof shall not modify or qualify the requirements ofArticle IV of this Agreement.

(b) Any person, including an individual employeraggrieved by the operation of the hiring hall provi-sions of this section, has the right to submit theirgrievance pursuant to Article VIII of this Agreement,provided such submission is made in writing, statingthe reasons for the grievance within ten (10) workdays after the occurrence of the grievance. The arbi-tration panel or arbitrator shall have full power toadjust the grievance and the decision thereon shallbe final and binding upon the person submitting thegrievance and all parties thereto. Forms for the sub-mission of any such grievance shall be available at alltimes in the office of the Western StatesDrywall/Lathing Industry Labor Management Cooper-ation Committee, Inc. or “CAC”, 3250 E. Shelby St.,Suite 200, Ontario, CA 91764. The date of the post-mark or the date of delivery of a grievance, whichev-er is later, shall stop the running of the ten (10) dayperiod. The costs of arbitration should be borne bythe Contract Administration Committee.

Section 5. The Contractor may transfer employ-ees who are on the Contractor’s payroll at the timetransfer is made within the area covered by thisAgreement without limitation. The Contractor shallgive notice to the Regional Council where work is tobe performed on a transfer as to the name of theContractor, the employees transferred and theaddress of the jobsite. All employees being trans-ferred shall procure a work referral from the Region-al Council prior to starting work. Additional employ-ees shall be employed in accordance with the provi-sions of Article IV.

ARTICLE VSTRIKES, LOCKOUTS

Section 1. (a) During the term of this Agreementthe Union may withdraw employees, or refuse to fur-nish or refer persons for any and all violations of thisAgreement, except for grievances arising over analleged violation of Article II. The Union shall have theright to withdraw or refuse to refer persons withrespect to any Contractor who has failed to pay any

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wages, any contributions to any Trust Fund specifiedin this Agreement, or who has violated the prohibitionagainst payment of piece rates or bonuses specifiedin this Agreement, or who has violated the hiring pro-visions of this Agreement, or who has failed to com-ply with a decision of the Southwest Joint AdjustmentBoard, hereafter referred to as Joint AdjustmentBoard or JAB, or Arbitrator. The withdrawal or refusalto refer under the conditions specified in this Articleshall not be deemed a violation of this Agreement.Any Contractor who believes that the Union has vio-lated the provisions of this Agreement by withdrawingor refusing to furnish persons as specified herein maypresent his claim under the grievance and arbitrationremedies provided in this Agreement.

(b) The right of the Union to engage in economicaction over alleged breaches of Article II (Subcon-tracting) and Article VI (Jurisdictional Disputes) shallonly be to the extent permitted by law.

(c) During the term of this Agreement, a Contrac-tor party to the Agreement, shall not cause or permitany lockout of persons employed to perform workcovered by this Agreement. Nothing in this Agree-ment shall require the Union or members thereof orany other persons to cross a lawful picket line estab-lished at the job site, which has been duly sanctionedby the Regional Council of the Carpenters, the Cen-tral Labor Council or the Building Trades Council inthe appropriate area.

(d) Any person withdrawn from a Contractor forfailure to pay appropriate wages, trust fund contribu-tions or other money items, or failure to comply withthe provisions of Article VII, shall be entitled to fullstraight time hourly rate of pay from the Contractorfor not more than eight (8) hours per day for all timewhich elapses between the time that the person iswithdrawn until the Contractor complies with theAgreement or the Union agrees to cease withdrawingpersons, whichever occurs first; provided that suchpay shall be limited to five (5) working days and pro-vided further that no such pay shall be claimed forany Saturday, Sunday or Holiday for which no per-mission to work was given; provided further that theperson withdrawn remains available for work.

ARTICLE VIJURISDICTIONAL DISPUTES

Section 1. The Union guarantees that there shallbe no strikes, slow-downs or stoppages of work occa-sioned by jurisdictional disputes during the term of

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this Agreement and that all workers covered by thisAgreement shall perform the work customarily per-formed by them and will cooperate and work withmembers of other organizations affiliated with theAFL-CIO without regard to past, present or future dis-putes based on jurisdictional claims. All jurisdictionaldisputes are arbitrable pursuant to Article VIII of thisAgreement.

Section 2. Nothing contained in this Agreementor any part hereof, or in this Article VI or any parthereof, shall affect or apply to the Union signatoryhereto or on whose behalf this Agreement is execut-ed, or any of them in any action they may takeagainst any Contractor who has failed, neglected orrefused to comply with or execute any settlement ordecision reached through grievance or the jurisdic-tional determination of the Building and ConstructionTrades Department of the AFL-CIO. Any subcontrac-tor of a Contractor shall be subject to the provisionsof this Article.

Section 3. Upon request by the Union, the Con-tractor shall furnish written evidence of job assign-ment on any work, job or at any location.

ARTICLE VIIGENERAL CONDITIONS

Section 1. (a) Except as otherwise specificallyprovided in this Agreement, no person shall beemployed in work covered by this Agreement at piecerates or under any system of bonus pay. Excessiveamounts paid as hourly wages or under the guise of“travel pay” or “subsistence” where not required orpermitted by this Agreement, shall be prima facie evi-dence of a violation of this Agreement.

(b) It is agreed that all workers shall perform a fairday’s work, but neither party shall establish work quo-tas in terms of footage or other units of production.Workers shall not solicit employment or work on apiece work basis or any other basis except at a regu-lar hourly rate as set forth in the “Wage and Contribu-tion Schedule” referred to in Article XX or as provid-ed in Article XVII.

Section 2. (a) Nothing shall be permitted thatrestricts production or increases the time required todo the work and no limitation shall be placed uponthe amount of work which an employee shall performnor shall there be any restriction against the use ofany kind of machinery, tools or labor-saving devices,provided that all such machinery, power tools, or

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labor-saving devices are furnished on the job site bythe Contractor and, provided further, that no employ-ee shall be required to work under any conditions thatare injurious to his health or safety in conflict with theState(s) Health & Safety Code(s) and, with a presentwell-established custom regulating such use wherethe work is being performed. Two or more employeesshall be required in the handling and installation ofany panel or assembled panel weighing over 110pounds.

(b) Employees shall be responsible for screwguns furnished to them by the Contractor and shallpromptly return such upon request or termination ofemployment. In the event the employee fails to returnthe screw guns as a result of the employee’s dishon-esty, willful misconduct or gross negligence, the Con-tractor may deduct the value of such from theemployee’s paycheck in an amount not to exceed$125.00. Disputes regarding the application of thisprovision shall be resolved through an expeditedgrievance procedure consisting of a subcommittee ofthe Joint Adjustment Board. The membership of thesubcommittee shall consist of one contractor select-ed by the Association and one union representativealong with the Executive Director of the ContractAdministration Committee or his designee. The unionand contractor representative will rotate periodically.The subcommittee will investigate and act on anexpedited basis and may conduct hearings in personor telephonically. A decision of the subcommitteeshall be implemented immediately although any partymay appeal to the full Joint Adjustment Board.

Section 3. It is mutually agreed that the Contrac-tor and the Union shall fully comply with all of the pro-visions of Title 7 of the Civil Rights Act of 1964, thePresidential Executive Order No. 11246, and the Cal-ifornia Fair Employment Practices Act, (or equivalentlaw(s) in other States), to the end that no personshall, on the grounds of sex, race, color or nationalorigin, be excluded from participation in or be deniedthe benefits of the Agreement or otherwise be subjectto discrimination by not having full access to theterms of this Agreement. It is further specificallyagreed that no person or applicant for employmentshall be discriminated against or shall have hisemployment relationship affected by reason of hisage, except as provided in the Trust Agreement, rulesand regulations, and statements of procedure gov-erning the Joint Drywall/Lather Apprentice Programs.

Section 4. The Contractor shall not discharge ordiscriminate against any person because of any

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industrial injury incurred prior to employment oroccurring in the course of employment, or for the fil-ing of a claim for Workers’ Compensation benefits.

Employees who are, as a result of an industrialinjury, unable to complete a full day’s work, shall nev-ertheless be paid for the full day when such injuryoccurred, provided the attending physician has certi-fied to the employee’s inability to complete his regu-lar work assignment on the day of such injury, andprovided further that such injury requires absencefrom work on the day following injury.

Section 5. Each Contractor shall furnish theUnion with an accurate street and number address,as well as mailing address, on a current basis. Anychange in an address shall be furnished to the Unionwithin ten (10) days after the effective date of thechange. A copy of each notification of current addressand change of address shall be simultaneously for-warded to the Contract Administration Committee.

Section 6. On all work covered by this Agreementthe Contractor shall perform the work with carpen-ters/lathers under the terms of this Agreement. Thenames of all employees shall be carried on the pay-roll records of the Contractor. The Union shall havethe right, upon written notice, to request the Contrac-tor to submit all payroll records and other documentsnecessary to determine whether or not the Contrac-tor has complied with the provisions of this Article orany other provisions of this Agreement. The auditshall be performed by an auditing firm which has nofinancial interest in or relationship to the Contractor orthe Union. If violations of the Agreement are dis-closed by the audit, the cost of the audit shall beborne by the Contractor. The auditor may require theproduction of United Sates Internal Revenue forms1096 and/or 1099 or their equivalents, or any otherpertinent documents, and the Contractor shall com-ply with the request and shall instruct his employees,representatives, agents, accountants, or any otherperson having custody or control of the records anddocuments to comply with the request.

The remedies and conditions for failure or refusalto submit to audit entry shall be as provided in ArticleXVI, Sections 3and 4 of this Agreement.

Section 7. (a) Each Contractor shall secure thepayment of all trust fund contributions and wage andmoney payments required by this Agreement by post-ing a surety or cash bond in the amount of not lessthan $20,000.00. Such bond shall be in the Uniform

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Drywall Bond Form, provided by the Contract Admin-istration Committee, and shall be maintained in effectat all times during the term of this or its successorAgreement.

A copy of said bond shall be posted with the Con-tract Administration Committee office and a copyshall be furnished to the Union upon request.

(b) The parties hereto have agreed to the estab-lishment and operation of the Grievance ObligationTrust Fund to satisfy the requirements of this sectionto secure the payment of all trust fund contributions,wages and money payments (excluding waiting timeand liquidated damages)required by this Agreement.Each Contractor or its successor bound to this Agree-ment shall pay to the Contract Administration Com-mittee, an annual fee of $500.00, or such other sumas may be determined by the Directors of the Con-tract Administration Committee, as such Employer’scontribution to the Grievance Obligation Trust Fund.

(c) In the event a Contractor fails to comply withany final decision rendered through the grievanceprocedures of this Agreement, and fails to make pay-ment of any judgment or award that the Trustbecomes obligated to pay, such Contractor’s cover-age under the Grievance Obligation Trust Fund shallcease. Such Contractor shall then be required tomake immediate full restitution to the Trust of allfunds so paid, at which time coverage under theFund will be restored.

(d) If for any reason the Grievance ObligationTrust Fund ceases to function during the term of thisor its successor Agreement, then each Contractorshall acquire a Bond as provided in Article VII, Sec-tion 7(a) above.

(e) The Union will refuse to refer workers to andwill withdraw workers from any Contractor who hasnot complied with the provisions of this subsectionand such refusal and/or withdrawal will not constitutea violation of this Agreement.

(f) Payment from the Grievance Obligation TrustFund will be secondary to any amounts owed by anyother person or entity. The only party entitled to makea claim against the Grievance Obligation Trust Fundare the Directors of the Western States Drywall/Lath-ing Industry Labor-Management Cooperation Com-mittee, Inc., acting through their Executive Director.Offsets or setoffs of amounts owed by any other per-son or entitled are not allowed aganst the amount

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owed or paid by the Grievance Obligation Trust Fund.

Section 8. The individual Contractor shall not berequired to discharge any employee for non-compli-ance with Article IV of this Agreement until a writtennotice from the Regional Council stating non-compli-ance shall have been delivered to the Contractor athis place of business or the job site involved.

Section 9. The Association shall each month fur-nish the Union with a current roster of Contractor mem-bers. Each Contractor shall notify the Contract Admin-istration Committee in writing at least thirty (30) daysprior to the cancellation or termination of any Bond orother security established pursuant to this Section.

Section 10. Union representatives shall be per-mitted at all times upon any place or location whereany work covered by this Agreement is being, hasbeen, or will be performed.

Where there are visitation restrictions imposed atthe job site by other than the individual employer, theindividual employer will use his best efforts to provideaccess to the site by the Union representative.

Section 11. The Contractor will be free to imple-ment a drug testing program provided such programconforms to the Memorandum of UnderstandingDrug and Alcohol Abuse Prevention and Detectionbetween the Union and the WWCCA.

Section 12. Wage Order 16 of the Industrial Wel-fare Commission of the State of California, Depart-ment of Industrial Relations, is incorporated herein inits entirety. Any alleged violations of Wage Order 16shall be subject to the grievance and arbitration pro-visions of Article VIII of this Agreement.

Section 13. The Union will maintain a databasethat will track all apprentices and journeymen andtheir certifications along with the expiration of theircertifications. All journeymen and apprentices will betrained in and receive certifications in safety, CPR,first aid, OSHA 10 Hour and Cal/OSHA requirements,scaffold training, fall protection and any other certifica-tion or requirement to meet City, State or Federalrules or laws.

(a) The Union shall monitor and make anyrequired changes in the certification program.

(b) The Contractors will not employ any employ-ee who does not obtain and maintain the requiredcertifications. It will be a violation of this Agreement to

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employ any individual who does not maintainrequired certifications.

Section 14. A corporate officer, partner (exceptthat up to two (2) partners or corporate officers of aContractor firm may be exempted from the provisionsof this paragraph upon fulfillment of the Contractor ofrequirements and procedures established for thatpurpose by the Trustees of the Trusts named belowin this paragraph), RME or RMO (if not otherwiseexempt as a partner) performing work under theterms of this Agreement shall be considered anemployee. Any exempt employee working with thetools of the trade shall be covered by the provisionsof the Union Security Clause. Contributions on non-exempt employees shall be reported at a uniform rateof 173 hours per month to the Southwest CarpentersHealth & Welfare Trust and the Southwest Carpen-ters Pension Trust the sums designated in this Agree-ment. All non-exempt employees working receivingbenefits under this provision shall be covered by theprovisions of the Union Security Clause. TheTrustees of the above mentioned Trusts will beinstructed to accept such contributions.

Section 15. A Contractor may offer modified oralternative work to employees that have been injuredon the job and can no longer perform their usual andcustomary work. Such work opportunities will complywith the terms of California Labor Code (or equivalentlaw(s) in other States). The Union will review andapprove the modified or alternative work prior to itbeing offered to the injured employee.

ARTICLE VIIIGRIEVANCE PROCEDURE

Section 1. Subject to the exceptions provided forin Article V of this Agreement, any dispute, grievanceor question concerning the application or interpreta-tion of this Agreement shall be determined in accor-dance with the provisions of this Article. Disputesconcerning the proper payment of Trust Fund contri-butions or amount of Trust Fund contributions dueand owing may at the option of any party hereto besubmitted to the provisions of this Article, providedhowever, that the Trustees of the respective TrustFunds referred to in this Agreement shall not berequired, as a condition of collecting all amounts duesuch Trust Funds, to submit their claims through theprovisions of this Article.

Section 2. There is hereby established a JointAdjustment Board for all grievances and claims aris-

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ing under this Agreement and it shall be known as“The Southwest Joint Adjustment Board for the Dry-wall/Lathing Industry.” Herein after referred to as theJoint Adjustment Board.

(a) The Board shall be composed of four repre-sentatives and their alternates selected by the Asso-ciation and four representatives and their alternatesselected by the Union. The Board may authorize andestablish panels in other States specifically to heargrievance in those States.

(b) In addition to the employer and employeemembers, the Board shall have as a member an indi-vidual who shall be a permanent neutral arbitratorwho shall sit as the chairman of the Board and shallattend meetings as scheduled. The permanent neu-tral arbitrator, who shall have no business connectionwith either party to this Agreement, shall be author-ized to participate in the proceedings and if the JointAdjustment Board is unable to reach a majority vote,the arbitrator shall render the deciding vote. The deci-sion of the Joint Adjustment Board and/or the deci-sion of the arbitrator, as the case may be, shall befinal and binding upon all parties to this Agreementand shall have the effect of a legal judgment.

(c) A quorum of the Board shall consist of oneemployer member and one Union member along withthe arbitrator. All decisions of the Joint AdjustmentBoard shall be by majority vote, with each party hav-ing equal voice and vote.

(d) Any individual employer against whom agrievance or claim has been filed may, upon demand,require that the arbitrator make the decision in thecase rather than the Joint Adjustment Board. In theevent that any individual employer fails to appear orrefuses to participate in the grievance proceedings,the grievance or claim against said individual employ-er shall be processed and upon submission by thecharging party or parties, the Joint Adjustment Boardor the arbitrator, as the case may be, shall make adecision concerning said grievance or claim. No deci-sion concerning an individual contractor who fails orrefuses to appear shall be made unless the neutralarbitrator issues said decision.

Section 3. The Joint Adjustment Board and thearbitrator, as the case may be, shall have the powerto adjust grievances and disputes, make awards ofback pay, levy fines for violations of the Agreement,and assess liquidated damages in accordance withthe provisions of this Agreement, which shall be final

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and binding upon all parties to this Agreement. TheJoint Adjustment Board may, as part of a remedy inany case before it, order an increase of the bondingrequirements in the form of a guaranteed suretybond, in addition to the required coverage as per Arti-cle VII, Section 7, thus naming the Southwest Car-penters Trust and/or Western State Drywall/LathingIndustry Labor-Management Cooperation Commit-tee, Inc. as Obligees. Furthermore, the Joint Adjust-ment Board may increase the Bonding requirementsup to a maximum of $60,000.00, or an amount equiv-alent to the average of the three (3) highest contribut-ing months within the previous twelve (12) monthperiod, whichever is greater, and may specify theeffective date of such bonding requirements. A copyof said bond shall be posted with the Contract Admin-istration Committee office and a copy shall be fur-nished to the Union upon request.

The parties recognize and acknowledge thatcompliance with the requirements to pay wages,fringe benefits, and to abide by the provisions of thisAgreement is essential for maintenance of this Agree-ment, the health and safety of workers covered thereunder, the fairness to all parties (including the Union,employees and employers in the industry), and that itwould be extremely difficult if not impracticable to fixthe actual expense and damage to the workers, andthe Union, and the industry, for any failure to complywith any of the provisions of this Agreement. Any liq-uidated damages assessed by the Joint AdjustmentBoard or the arbitrator shall become due and payableto the Joint Adjustment Board as liquidated damagesand not as a penalty. Neither the Joint AdjustmentBoard nor the impartial arbitrator shall have theauthority to modify, vary, change, add to or removeany of the terms or conditions of this Agreement.

Section 4. In addition to any rules and proce-dures which the Panel may adopt, the Joint Adjust-ment Board and the permanent neutral arbitratorshall be governed by the following provisions:

(a) All proceedings shall be done in an expeditedmanner and no briefs, transcripts or written opinionsshall be required unless specifically requested by anyparties to the grievance or unless ordered by the per-manent neutral arbitrator. The parties specificallyagree that the permanent neutral arbitrator shall notbe required to render an expanded opinion in anycase unless requested prior to the commencement ofthe proceedings.

(b) The Board shall meet when deemed neces-

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sary for the purposes of hearing all grievances andclaims filed therein. The Board shall provide notice oftime and place of hearings to all persons having busi-ness before the Board and shall establish regularmeeting places and mailing address for all matters.All proceedings of the Southwest Joint AdjustmentBoard shall be held in the State in which the violationwas committed unless mutually agreed to move toanother location.

(c) The expenses of the Joint Adjustment Boardand the permanent neutral arbitrator, including allcosts of a court reporter or otherwise, shall be paid bythe Contract Administration Committee provided thatall fines, assessments, or liquidated damages whichare not awarded to individual employees or to the TrustFunds shall be retained by the Joint Adjustment Boardto defray expenses. Any surplus funds shall be turnedover to the Trustees of the Southwest Training Fundfor the sole and exclusive use by said Training Fund.

(d) Any grievance or dispute to be submitted shallbe presented to the Joint Adjustment Board by theUnion or the Association within thirty (30) days afterthe complaining party (Employee, Union, Contractoror Association) has actual knowledge of the facts giv-ing rise to the dispute or, when further discovery isnecessary, the Union or the Association has madefinal determination of the facts giving rise to the dis-pute.

Whenever possible before submission of the dis-pute to the Joint Adjustment Board, representativesof the Regional Council and the individual contractorshall attempt to adjust the matter. If after twenty-four(24) hours the matter cannot be adjusted betweenthe respective parties, either party may submit thematter to the Joint Adjustment Board, which shall ren-der a decision within the limits and subject to the pro-visions of this Article and applicable rules and regula-tions.

Repeated violators of this Agreement shall losethe rights of the 24 hour adjustment provisions of thissection.

(e) The Joint Adjustment Board or arbitrator may,as part of a remedy, require a contractor to submitweekly reports of workers and hours worked to theContract Administration Committee.

(f) In any grievance in which the arbitrator isrequested to issue an expanded opinion, the arbitra-tor shall not be required to render such an opinion

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unless the party requesting the same guarantees topay any additional charges or expenses of such serv-ices. The decision of the arbitrator of the Joint Adjust-ment Board shall be issued within thirty (30) days fol-lowing completion of the proceedings.

(g) Charges and expenses incurred as the result ofspecial hearing or hearings heard on days other thanthe regular scheduled meeting date of the Joint Adjust-ment Board, shall be payable by the party requestingsuch special hearings and shall not be the responsibil-ity of the Contract Administration Committee.

Section 5. A decision of the Joint AdjustmentBoard or the decision of the permanent neutral arbi-trator shall be enforceable by petition to confirm anarbitration award filed in the Superior or MunicipalCourt of the City and County of Los Angeles for allproceedings of the Southwest Joint AdjustmentBoard. Alternatively, such petition may be filed ortried in the United States District Court for the CentralDistrict of California, or Court having jurisdiction.

Any party who fails or refuses to comply with thedecisions of the Joint Adjustment Board or an awardof the permanent neutral arbitrator, as the case maybe, shall be responsible for reasonable attorneys’fees for the filing and trial of any petition to confirmand enforce said decision or award in addition to allother remedies available through law.

Section 6. If any party hereto fails to comply withthe decision of the Joint Adjustment Board or the per-manent neutral arbitrator, the Union may withdrawemployees or strike the individual employer, andsuch action shall not be a violation of this Agreementso long as such non-compliance continues. Said rightto withdraw employees or strike shall be in addition toall other remedies available herein.

Whenever the Union has the right pursuant to theTerms of this Agreement to withdraw or refuse torefer workers, such rights shall coexist with the rightto proceed under any stage provided for under theprovisions of this Article.

Awards involving application or enforcement ofArticle II (Subcontracting) shall not be enforced bystrike action.

ARTICLE IXSTEWARDS

Section 1. A steward shall be a working journey-man-employee appointed by the Regional Council

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who shall, in addition to his work as journeyman, bepermitted to perform during working hours such ofUnion duties as cannot be performed at other times.The Union agrees that such duties shall be per-formed as expeditiously as possible and the Contrac-tor agrees that stewards shall be allowed a reason-able amount of time for the performance of suchduties. The Regional Council shall notify the individ-ual employer of the appointment of such steward.Unless notified to the contrary, the first journeymanon the job shall act as job steward until the RegionalCouncil appoints a successor. A foreman can be asteward.

Section 2. No steward shall be discharged or laidoff except for just cause. In the event of layoff or dis-charge of a steward, the Regional Council shall begiven notice in writing at least two (2) working daysprior to the effective date of such discharge or layoff.Such notice shall contain the reasons for layoff or dis-charge.

Section 3. The steward shall be the last employeeother than the foreman to be laid off for lack of work,but may be transferred to another job providing theRegional Council is given prior notice of the transfer.

Section 4. STEWARD PLACEMENT

(a) The Union has the right to appoint a job stew-ard from among the Contractor’s employeesemployed on the project. If the Union has evidencethat the Contractor has recently engaged or is engag-ing in serious violations of the Agreement, the Unionshall have the right to select a steward from sourcesother than the Contractor’s employees on the project,provided that the Union notifies the Contractor in writ-ing, in person or at his place of business, of its intentto place a steward, the identity of the steward, thelocation of the project and the alleged serious viola-tions of the Agreement at least twenty-four (24) hoursin advance of the placement of the steward.

(b) If the Contractor objects to the placement ofthe steward he shall have the right to convene a spe-cial Joint Committee as provided below, to determinewhether the Union has evidence of serious violationsof the Agreement as set forth in paragraph (I). Inorder to convene such Committee, the Contractorshall notify the Union and the WWCCA within seven-ty-two (72) hours of receipt of the Union’s notice ofsteward placement of the Contractor’s objection tosuch placement. This notification shall be confirmedin writing to the Union and the WWCCA.

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(c) The Committee shall be composed of disinter-ested persons with two labor representatives select-ed by the Southwest Regional Council of Carpenters,two management representatives selected by theWWCCA, and a neutral arbitrator. The parties shallmaintain lists of ten representatives of labor, ten rep-resentatives of management, and five neutral arbitra-tors to serve as a panel, from which Committeemembers shall be selected.

(d) The Committee shall be convened within five(5) working days after receipt by the Union and theWWCCA of the Contractor’s objection to the stewardplacement and render a bench decision. The neutralarbitrator, who shall have no business connectionwith either party to this Agreement, shall be author-ized to participate in the proceedings and if the com-mittee is unable to reach a majority vote, the arbitra-tor shall render the deciding vote. A quorum shallconsist of one representative selected by theWWCCA and one representative selected by theUnion. If a quorum is not present, a bench decisionwill be rendered by the neutral arbitrator.

(e) The Committee shall determine whether theUnion has evidence that the Contractor has engagedor is engaging in serious violations as set forth inparagraph (2). The Union shall have the burden ofproving that it has evidence of said serious violations.The determination of the Committee shall be bymajority vote as provided in paragraph (d) above.The Committee’s decision shall be final and binding.The decision of the Committee shall be confirmed inwriting to the Contractor and the Union. Should aContractor fail to abide by the Committee’s decision,the Union shall have the right to exercise its legal andeconomic remedies.

(f) The losing party shall bear all costs of the pro-ceedings.

ARTICLE XEXISTING AND OTHER AGREEMENTS

Section 1. All existing labor agreements betweenthe Contractors and the Union, covering the type ofwork covered by this Agreement, are automaticallycanceled and superseded by this Agreement.

Section 2. It is agreed that any contractor accept-ed for membership into the California Drywall/LathingConference of the Western Wall and Ceiling Contrac-tors Association, Inc. shall become a party to thisAgreement and, after becoming a party, shall be enti-

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tled to the benefits and be subject to the obligationshereof in lieu of any individual agreements he mayhave with the Union at that time with respect to workcovered by this Agreement.

Section 3. (a) In the event the Union enters intoany other agreement exclusively for the Drywall/ Lath-ing industry with other employers or employer associ-ations in the area which shall have terms more favor-able to such employers or employer associations andthe members there of than this Agreement, at theoption of the WWCCA, the WWCCA may adopt suchAgreement which will supersede this Agreement.

(b) In the event the Southwest Regional Councilof Carpenters establishes Area Agreements asdefined herein, which include special conditions forwork covered by the Agreement, those special condi-tions shall be made available to the employer or indi-vidual employers who wish to perform the designatedwork in the same locality as provided for in thatimmediate Area Agreement. The provisions of thisparagraph will not apply to Special Project Agree-ments which may be negotiated in any area of thisAgreement.

(c) The Southwest Regional Council of Carpen-ters will promptly notify the WWCCA, in writing, ofany amendment, modification, exception or adden-dum to this Agreement which might be negotiated inany area covered by this Agreement between theSouthwest Regional Council of Carpenters, an indi-vidual employer group, or group of individual employ-ers. The Union shall also promptly notify theWWCCA, in writing, of any amendment, modification,exception or addendum to this Agreement whichmight be negotiated in any area covered by thisAgreement between the Southwest Regional Councilof Carpenters, an individual employer or group ofindividual employers. The Union shall also promptlynotify the WWCCA before the Union enters into anynegotiations with any other employer or groups ofemployers regarding work covered by this Agree-ment. The Southwest Regional Council of Carpenterswill promptly notify the WWCCA, in writing, of anyArea Agreement which might be negotiated in anyarea covered by this Agreement.

(d) It is understood by the Contractors and theUnion that there may be other agreements pertainingto the rental and use of construction equipment andthe Contractors signatory to this Agreement may alsobe signatory to agreements between other organiza-tions with the Union.

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(e) This Agreement shall be deemed to be exe-cuted when the parties signing shall have affixed theirsignatures hereto. Before accepting as an affiliate orissuing a charter to a Local Union in the Area heredefined, the Union shall require a condition of suchaffiliation that said Local Union is bound by the termshereof.

Section 4. Each Contractor signatory heretoagrees to be bound by the provisions of this Agree-ment and agrees to execute any necessary docu-ments in order to become signatory to this Agree-ment, whenever he or it operates or commencesoperations under any other name, whether it be indi-vidual, under a fictitious name, as a sole proprietor-ship, in a partnership, joint venture, or under corpo-rate or limited partnership forms. The Contractor fur-ther agrees to notify the Union of the name or namesunder which he or it conducts business in work cov-ered by this Agreement, and agrees to notify theUnion of any new form or name under which workcovered by this Agreement is performed.

No change in name, style, or organization of thebusiness of a signatory contractor shall operate todefeat the application of this Agreement to said busi-ness for the work covered by this Agreement. In theevent of any change of ownership or in the form ofthe signatory contractor’s business organization, theterms and obligations of this Agreement shall contin-ue in full force and effect as to the employing organi-zation. Disputes over the application or interpretationof this Article shall be subject to the grievance proce-dures contained in Article VIII of this Agreement.

Section 5. To the extent permitted by law, nosale, merger, consolidations, transfer, or arrange-ment for benefit of creditors, whether such is by oper-ation of law or otherwise, shall be recognized unlessand until all financial obligations of the signatory con-tractor due under this agreement are paid in full.Financial obligations shall include but not be limitedto all wages, all Trust Fund contributions, and all out-standing monies due pursuant to awards of the JointAdjustment Board or arbitrator. The Union shall notbe required to recognize any new or changed entityunless and until the above obligations are met.

Section 6. WORK PRESERVATION (Preser-vation of Unit Work)

(a) In order to protect and preserve, for theemployees covered by this Agreement, all workheretofore performed by them, and in order to pre-

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vent any device or subterfuge to avoid the protectionand preservation of such work, it is hereby agreed asfollows: If and when the Employer shall perform anyon-site construction work of the type covered by thisAgreement, under his own name or under the nameof another, as a corporation, company, partnership,or any other business entity, including a joint venture,wherein the Employer (including its officers, directors,owners, partners or stockholders) exercises eitherdirectly or indirectly (such as through family mem-bers) any legally sufficient degree of ownership, man-agement or control, the terms and conditions of thisAgreement shall be applicable to all such work.

(b) All charges of violations of paragraph (a) ofthis Section, shall be considered as a dispute underthis Agreement and shall be processed in accor-dance with the procedures for the handling of griev-ances and the final binding resolution of disputes, asprovided in Article VIII of this Agreement. As a reme-dy for violations of this paragraph the arbitrator (orarbitration body) provided for in Article VIII is empow-ered at the request of the Union, to require anemployer to (1) pay to affected employees coveredby this Agreement, including registered applicants foremployment, the equivalent of wages lost by suchemployees as a result of the violations, and (2) payinto the affected Joint Trust Funds established by thisAgreement and any delinquent contributions to suchfunds which have resulted from the violations. Provi-sion for this remedy herein does not make such rem-edy available to the Union for violations of this para-graph; nor does it make the same or other remediesunavailable to the Union for violation of this para-graph; nor does it make the same or other remediesunavailable to the Union for violations of other para-graphs of this Agreement.

(c) If, as a result of violations of this paragraph, itis necessary for the Union and/or the Trustees of theJoint Trust Funds to institute court action to enforcean award rendered in accordance with paragraph (b)above, or to defend any action which seeks to vacatesuch award, the employer shall pay any accountants’and attorneys’ fees incurred by the Union and/orFund Trustees, plus cost of the litigation, which haveresulted from the bringing of such court action.

(d) If this Article is declared to be unlawful, theparties will negotiate similar language that will givethe Unions equivalent protection.

(e) This paragraph will apply only to the followingtype of work. All work covered by Article I of the

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Southwest Drywall/Lathing Master Agreement includ-ing Exterior Insulation Finish Systems (EIFS), pre-cast concrete or panel systems, the installation, car-rying, transportation, handling, stocking, and scrap-ping of all materials and component parts of all typesof ceilings regardless of their material or compositionor method or manner of installation, attachment orconnection, including but not limited to all hangers,carrying channels, cross furring, stiffeners, braces, allbars regardless of material or method of attachment,all integrated gypsum wallboard ceiling heat panels,all radiant heat ceiling backing, all main tees, allcross tees, all splines, all wall and ceiling angles ormoldings, all backing board and all finish ceilingmaterials, regardless of method or manner of instal-lation.

Section 7. VOLUNTARY RECOGNITIONAGREEMENT

The Drywall/Lathing Conference of the WesternWall and Ceiling Contractors Association, Inc. (“Asso-ciation”) and the Union agree as follows:

(a) On behalf of each individual Contractor signa-tory hereto, the Association, having received from theUnion a demand or request for recognition as themajority representative of the unit employees cov-ered by this collective bargaining agreement; andhaving been presented, or having been offered to bepresented with, by the Union, proof that the Unionhas the support of, or has received authorization torepresent, a majority of the unit employees coveredby this collective bargaining agreement; herebyexpressly and unconditionally acknowledges andgrant, on behalf of itself and each of its members intheir individual capacities, recognition to the Union asthe sole and exclusive collective bargaining repre-sentative of the unit employees covered by this col-lective bargaining agreement, pursuant to Section 9(a) of the National Labor Relations Act, as amended,and agrees not to make any claim questioning orchallenging the representative status of the Union.

(b) This Recognition Agreement is not supersed-ed by the Master Agreement that has been executedby the Association and the Union.

(c) The Association and the Union agree that thisRecognition Agreement shall be enforceable throughthe Grievance and Arbitration Procedure set forth inthe Master Agreement, and the parties waive anyright to file representation petitions with the NationalLabor Relations Board during the term of the current

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Master Agreement and any extensions, amendmentsand/or successor agreements.

(d) The Association agrees that the Union doesnot violate Article III of the Master Agreement or anyother provision of the Master Agreement by negotiat-ing or executing Voluntary Recognition Agreementswith the individual members of the Association.

(e) This Recognition Agreement is freely execut-ed by both parties without any threats, coercion orrestraint.

Section 8. WORK OUT OF AREA

For all contractor members of the Drywall/LathingConference of the Western Wall and Ceiling Contrac-tors Association, Inc. or other contractors signatory tothis Agreement who perform any work during theterm of this Agreement or any subsequent agreementwithin the geographical jurisdiction of the SouthwestRegional Council covered by the Southwest Dry-wall/Lathing Master Agreement, and who undertakecovered work in the Twelve Southern CaliforniaCounties, 46 Northern California Counties, Arizona,Nevada, New Mexico, West Texas and Colorado,such work shall be performed under the terms andconditions of the current Drywall/Lathing MasterAgreement.

ARTICLE XIJOB REGISTRATION

Section 1. Each Contractor shall notify the Union,on a uniform job registration form to be provided bythe Contract Administration Committee, using the on-line web page or in writing of the location of each jobon which he will be performing work covered by thisAgreement. Such notice shall be given at least 48hours prior to the commencement of work and shallcontain all the information required by the ContractAdministration Committee. On jobs where the timefactor does not permit registration of jobs prior to theircommencement, the Contractor shall notify the Unionby telephone or fax giving all pertinent informationregarding that specific job. Such notification must beconfirmed in writing on the regular Job RegistrationForm by the Contractor to the Contract AdministrationCommittee within 48 hours thereafter. The Union maywithhold or withdraw workers from the Contractor forfailure to comply with this Section 1.

Section 2. In the event an employer takes overthe performance of the contract covered by the terms

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of this Agreement for another employer, the succes-sor employer shall notify the Contract AdministrationCommittee by certified mail of its intent to undertakeperformance of the contract. Such notice shall begiven prior to commencing work. Failure to give suchnotice shall subject the successor contractor toclaims for any delinquent fringe benefits of the pred-ecessor contractor through the grievance procedurein addition to any other claims which may arisebecause of such failure.

ARTICLE XIIDRYWALL / LATHER APPRENTICE PROGRAM

Section 1. The Employers and the Union, recog-nizing the need for a skilled work force, shall maintaina recognized and approved apprenticeship and edu-cation program. Said program will be organized andoperated in full compliance with the Shelly-MaloneyAct of the State of California.

Section 2. A local Joint Apprenticeship and Train-ing Committee comprising equal representation fromthe employers and the Union shall administer theapprenticeship and training program in accordancewith local working conditions and Article XII, Section1 of this Agreement. The WWCCA shall appoint theemployer representatives, and the Executive Secre-tary of the Regional Council shall appoint the laborrepresentatives of the Joint Apprenticeship and Train-ing Committees.

Section 3. Employers shall contribute into theappropriate trust fund account an amount set forth inArticle XX, Section 6 for each hour worked by allemployees covered under this Agreement. Said con-tributions are to be used to fund the training program.

Section 4. Wages, fringe benefits, and otherterms and conditions of employment of apprenticesand/or trainees shall be in accordance with thisAgreement.

Section 5. All monies collected by the JointAdjustment Board as assessments, damages, or thelike, in excess of the amounts needed to pay the nec-essary and reasonable expenses of the Joint Adjust-ment Board or the grievance procedure shall betransferred to the Apprenticeship and Training TrustFund to be used solely and exclusively for the pur-poses specified in the Trust Agreement applicablethereto.

Section 6. The parties to the Agreement herewith

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impose a mandatory duty on each employer to abideby the Apprenticeship Committee and approvedunder the provisions of the Shelly-Maloney Act of theState of California.

Section 7. The ratio of apprentices to journeymenshall be one (1) apprentice for the first two (2) jour-neymen after the foreman and an additional appren-tice for every three (3) journeymen thereafter.

Section 8. There is established by this Agree-ment a Southern California Drywall/Lather ApprenticeAdvisory Committee. This Advisory Committee shallbe comprised of a management member, a labormember from the Joint Apprenticeship/Training Trust,a representative of the Western Wall and CeilingContractors Association, and a representative of theSouthwest Regional Council of Carpenters. The pur-pose of the Advisory Committee is to meet on a reg-ular basis, to exchange information, to coordinatemutual endeavors, and to promote uniformity ofApprentice Programs throughout the State of Califor-nia.

Section 9. The Contractors and the Union recog-nize the need for apprentice training and to this endshall indenture apprentices in full conformity withSection 1777.5 of the Labor Code of the State of Cal-ifornia governing employment of apprentices uponpublic work.

Section 10. PRE-APPRENTICE

There is established a classification of pre-apprentice.

(a) Hiring of pre-apprentices is the prerogative ofthe Employer. The Employer assumes responsibilityfor recruiting the pre-apprentice and/or may drawupon any existing pool maintained by the RegionalCouncil. Hiring of pre-apprentices will be regulated bythe current Hiring Hall procedures set forth in ArticleII.

(b) The Employer may employ one pre-appren-tice for every two (2) apprentices employed.

(c) If an apprentice is not available when request-ed by the Employer, a pre-apprentice may be usedinstead.

(d) Pre-apprentices shall work under the supervi-sion of the Carpenter Foreman and the work theyperform will be incidental to the work normally per-formed by journeymen or Carpenter apprentices.

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(e) Pre-apprentices shall upon accumulation of500 hours of “On the Job Training” become anapprentice.

(f) The Employer shall notify the Apprenticeshipoffice no later than the tenth day of each month, thenumber of hours worked by the pre-apprentice in theprevious month.

Section 11. The parties agree that the CarpenterJoint Apprenticeship and Training Committee willestablish training programs for the upgrading of jour-neymen. The Committee is further directed to estab-lish any trainee program as required.

ARTICLE XIIIREDUCTION IN HOURS

Section 1. When the Union and the Contractorsconsider and agree that conditions in the industry inthe area covered by said Agreement warrant a short-ened workday or workweek, the parties shall jointlygive adequate consideration and discussion of suchchanges; provided, however, that any such changesin the workday or workweek shall not be used toencourage the payment of overtime to a greaterextent than that which is being paid at the time achange is made in the workday and workweek; pro-vided, however, the Union will not request the Con-tractors, parties hereto, to provide a shorter workdayuntil the shorter workday is generally established inthe building and construction industry.

Section 2. Notwithstanding any other provision ofthis Agreement, the workday and workweek shallcomply with the provisions of the applicable areaMaster Labor Agreement.

ARTICLE XIVTRUST FUNDS AND COMMITTEES

Section 1. The Contractor shall make hourly con-tributions in accordance with the terms and provi-sions of the Agreement referred to as the MasterLabor Agreement between United General Contrac-tors, Inc. and the United Brotherhood of Carpentersand Joiners of America, dated July 1, 2012, and anyrenewals or subsequent Master Labor Agreements,and the Agreements establishing: (1) the SouthwestCarpenters Health & Welfare Trust, dated February8, 1955; (2) the Southwest Carpenters Pension Trust,dated September 14, 1959; (3) the Southwest Car-penters Training Fund, dated May 1, 1960; (4) theSouthwest Carpenters Vacation Trust, dated April 1,

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1962; (5) the Carpenters-Contractors CooperationCommittee, dated October 1, 1986; (6) The WesternStates Drywall/Lathing Industry Labor–ManagementCooperation Committee, Inc., dated November 29,1983; and any amendments, modifications, exten-sions, supplementations and renewals of suchAgreements and the Trust Agreements and anyagreements establishing other benefits or plansnegotiated by the Carpenters Unions and the Con-tractor Association signatory to such Master LaborAgreement.

Section 2. The Contractor agrees to pay theSouthwest Carpenters Pension Trust, the SouthwestCarpenters Health & Welfare Trust, the SouthwestCarpenters Training Fund, the Southwest CarpentersVacation Trust, the Carpenters-Contractors Coopera-tion Committee and the Western States Drywall/Lath-ing Industry Labor-Management Cooperation Com-mittee, Inc., the sums in the amounts and mannerprovided for in the Master Labor Agreement and fur-ther agrees to be bound by the Trust Agreements, By-Laws and Rules and Procedures adopted by theTrustees and Directors of the Trust Funds and Com-mittee(s) referred to herein, and all amendments,modifications, extensions and renewals thereto.

For purposes of convenience only, a schedule ofsuch contributions is set forth in Article XX of thisAgreement.

Section 3. The Contractor agrees that he doesirrevocably designate and appoint the Employersmentioned in the Trust Agreement establishing theSouthwest Carpenters Pension Trust, the Agreementestablishing Southwest Carpenters Health & WelfareTrust, the Agreement establishing Southwest Carpen-ters Vacation Trust, the Agreement and Declaration ofTrust establishing the Southwest Carpenters TrainingFund, and the Carpenters-Contractors CooperationCommittee By-Laws and the Western States Drywall/Lathing Industry Labor-Management CooperationCommittee, Inc., along with representatives designat-ed by the Residential Contractors Association andrepresentatives of the United General Contractors,Inc., as his attorney-in-fact, for the selection, removaland substitution of Trustees or Directors as providedby or pursuant to the Master Labor Agreement andTrust Agreements and By-Laws.

Section 4. SUPPLEMENTAL DUES

(a) Subject to the following conditions, the Con-tractor agrees that he shall, if he is furnished with his

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employees written authorization to do so, deduct thesum of one dollar and thirty cents ($1.30) per hour orthe amount of Supplemental Dues that are lawfullyrequired by the Union from the amounts required tobe paid to the Vacation Trust by this Agreement foreach employee covered hereby for each hour workedor paid for in each payroll period commencing July 1,2012 as Special Supplemental Dues. In implement-ing the foregoing the Carpenters Southwest Adminis-trative Corporation has been designated as Agent forthe purpose of receiving and holding written authori-zation cards and for receiving, holding and allocatingand distributing the dues monies.

(b) Said Supplemental Dues shall be transmittedto said Agent concurrently with, but not as a part of,the Employers monthly vacation contributions withrespect to his employees covered by this Agreementto the Southwest Carpenters Vacation Trust (Vaca-tion Trust). All sums deducted by the Employers pur-suant to the provision of this Article shall, from theinstant of their deduction, be considered dues if prop-er authorization shall have been furnished. All othersums transmitted by the Employers pursuant to theprovisions of this Article shall, from the instance oftheir transmittal, be considered vacation-holiday con-tributions if no such proper authorization shall havebeen furnished, and shall be held by the VacationTrust for the account of the employee. Prior to thedeposit in the separate bank accounts of the Agent,on the one hand, and the Vacation Trust, on theother, the bank shall separate the funds transmittedinto dues and vacation-holiday contributions, respec-tively, based on whether or not a proper dues deduc-tion authorization shall have been filed. The bankshall then deposit such sums in the account of eitherthe Agent or the Vacation Trust. The Union shall bearthe entire responsibility for furnishing the writtenauthorization referred to above. All costs incident toreceipt, administration and remittance to the Union ofthe Supplemental Dues payment shall be borne sole-ly and entirely by the Union. This provision shall notreduce the obligations of the Contractor to pay the fullamount of vacation contributions specified in thisAgreement. All written authorizations referred toabove shall be irrevocable for a period of one (1) yearfrom the date of the execution and shall renew auto-matically from year to year thereafter, unless theemployee, by written notice served upon the LocalUnion and/or the Agent not more than twenty (20)days and not less than ten (10) days prior to the expi-ration of the first year or any year thereafter, shallhave revoked such authorization.

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ARTICLE XVWESTERN STATES DRYWALL/LATHING

INDUSTRYLABOR-MANAGEMENT COOPERATION

COMMITTEE, INC.

Section 1. Each Contractor shall, effective July 1,2012, contribute the sum of twenty ($0.20) cents perhour for each hour paid for or worked by employeesperforming work covered by this Agreement to theWestern States Drywall/Lathing Industry Labor-Man-agement Cooperation Committee, Inc., also knownas the Contract Administration Committee (herein“CAC”) and such contributing Contractor agrees to bebound by all of the provisions of the By-Laws andArticles establishing the Contract AdministrationCommittee, as amended, as such may from time totime be amended or supplemented. These fundsshall be utilized by the CAC to administer andenforce the provisions of this Agreement.

Section 2. The CAC shall endeavor to employpersons in the capacity to field investigators whohave extensive knowledge in the scope of work cov-ered by this Agreement. Such field investigators shallbe authorized and shall be provided with special cre-dentials authorizing them to visit and/or investigateany job site properly within the area of coverage ofthis Agreement and gather information from anyemployee, employer, Union representative oremployer association or representative covered bythe Agreement.

The field investigators shall assist in the enforce-ment of the Job Registration requirements, includingverification of registered and non-registered job siteswith footage and man hour estimates in connectiontherewith. Field investigators of the CAC shall alsoinvestigate complaints arising in connection with theIncentive Pay Provisions of this Agreement andreport to the CAC such complaints.

Section 3. In addition to the above specifiedareas of responsibility, the CAC field investigatorsshall record any evidence of alleged violations dis-covered as set forth in Section 2 of this Article. Suchevidence of violation shall immediately be forwardedin writing to the appropriate parties to this Agreement.The CAC shall file charges with the Joint AdjustmentBoard in connection with the evidence of alleged vio-lations of the Agreement with respect to job registra-tion requirements, reporting of hours and payment ofproper Trust Fund contributions and Uniform DrywallBond requirements.

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ARTICLE XVIAUDIT AND CONTRACT ENFORCEMENT

Section 1. Each individual Contractor shall main-tain and make available upon written request by theContract Administration Committee (“CAC”) to audi-tors designated by said CAC all records of all firmsbelieved to be compensating Drywall employees cov-ered by this Agreement in which he or it has a finan-cial interest. Said auditors shall be permitted toreview and copy any and all records relevant to theenforcement of the provisions of this Agreement andto enter upon the premises of such individual Con-tractor during business hours at a reasonable time ortimes to examine and copy such books, records,papers, or reports of such individual Contractor asmaybe necessary to determine whether or not theindividual Contractor is making full and prompt pay-ment of all sums required by this Agreement. Saidrecords shall include, but not necessarily be limitedto, all job cost records, general check register andcheck stubs, bank statements and canceled checks,general ledger, workers’ compensation insurancereports, financial statements, business income taxreturns, employer time cards, payroll journals, indi-vidual earning records for all employees, forms W-2and 1099 remitted to the U.S. Government, healthand welfare and pension reports for all other trades,cash receipts journal, copies of all contracts, and allmaterial invoices. Such records shall be made avail-able at the Contractors’ local office in the twelveSouthern California Counties, or, if the Contractordoes not maintain a local office, at the office of theTrust Fund.

Section 2. In case an individual Contractor audit-ed by the CAC is found to have materially breachedthe Agreement in the amount or manner of makingcontributions to the Trust Funds required under theAgreement, such individual Contractor shall be liablefor the expenses of such audit, all expenses of collec-tion as well as reasonable attorneys’ fees, in additionto any other liabilities and expenses set forth underthis Agreement, or the agreement and declaration oftrusts establishing the fringe benefit procedures andobligations herein.

Section 3. In case an individual Contractor failsor refuses to submit to audit or fails or refuses to con-firm an audit appointment within seven (7) days fol-lowing demand, the CAC or any of the parties here-to, may file an action to compel audit entry withoutregard to the grievance and arbitration proceduresset forth in Article VIII of this Agreement. Any action

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to secure compliance with the provisions of this Arti-cle, or to secure audit entry in order to perform suchaudits as may be required or requested pursuant tothis Agreement, shall be brought and tried in a courtof competent jurisdiction located in the city limits ofLos Angeles, and each party to such action express-ly waives any right to change venue of such action toany other county or any other place. If any individualContractor refuses audit entry as required by thisAgreement, and if an action is filed to complete auditentry, the individual Contractor shall be required topay reasonable attorney’s fees and costs incurred bysuch failure in addition to any other relief which maybe ordered by a court of competent jurisdiction.

Section 4. In addition the Regional Council shallhave the right to withdraw employees and refuse todispatch workers to any individual Contractor whorefuses audit entry within seven (7) calendar days orwho refuses to make available relevant records nec-essary for the completion of the audit.

Section 5. The CAC shall submit evidence of anyalleged violation of this Agreement to the WesternWall and Ceiling Contractors Association and theSouthwest Regional Council of Carpenters, and shallthen submit the matter to the Joint Adjustment Boardfor adjudication as though the complaint or grievancewere filed by a Local Union, an individual Contractoror an individual worker.

Section 6. In case the auditors designated by theBoard of Trustees conduct an audit and determinethat a Contractor has violated the provisions of thisAgreement for hours worked (or paid for) in that thegross compensation, including any remuneration orcompensation not required or permitted by thisAgreement, divided by hours reported, exceeds theemployee’s base rate plus One Dollar ($1.00) perhour, or if adequate records are not made available toallow the auditor to make his determination in thatregard, or if hours worked for each payroll period arenot recorded on payroll records, then the auditorsshall calculate or estimate gross compensationincluding any remuneration or compensation not per-mitted in this Agreement from whatever information isavailable. This amount determined to be the grosscompensation, when divided by the appropriatehourly wage, exclusive of vacation and other fringebenefits, and then multiplied by the appropriatehourly fringe benefit contribution rate according tothis Agreement, shall be considered due the respec-tive Trust Funds.

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The failure to register jobs as required by ArticleXI, Section 1 of this Agreement and/or the failure toreport accurately all hours worked in a given period tothe respective Trust Funds and/or to pay fully therequired amounts to said Trust Funds as required byArticles XII, XIV, XV, XVIII and XX of this Agreementshall constitute prima facie evidence of intent to vio-late this Agreement and shall require the auditors toapply the above-stated formula to determine theamount due the respective Trust Funds. The amountdetermined to be due by the application of the aboveformula shall be paid by the individual Contractor tothe respective Trust Funds, unless challengedthrough the grievance procedure within ten (10) daysfrom the date of receipt of the demand for payment.

If the Contractor fails to pay the said amount, andif a grievance is filed, the Joint Adjustment Board orarbitrator shall be authorized to assess damages inaddition to any other remedies deemed appropriateby the Joint Adjustment Board or the arbitrator.

Section 7. The failure to register jobs, and/oraccurately report hours on jobs as required by thisAgreement, shall entitle all of the Trusts to assessfringe benefits based upon the reports of the CACfield personnel as to their estimate of the hours thatshould have been paid on the particular job or jobs.Such estimate shall be conclusive evidence of theamount due and owing unless the estimate is foundby the Joint Adjustment Board and/or the arbitrator tobe arbitrary and capricious.

ARTICLE XVIIPIECE WORK INCENTIVE STANDARDS

Section 1. For work on, and only on, wood-frameresidential construction including motels and conva-lescent homes, an individual Contractor may com-pensate drywall installers performing work under thisAgreement in accordance with the Piece Work Incen-tive Standards applicable to the particular RegionalArea where the work is performed. Such standardsare incorporated herein by reference and made a partof this Agreement subject to the following conditions:

(a) That in no event shall application of PieceWork Incentive Pay Standards result in the paymentto any employee performing work covered by thisAgreement a wage or remuneration which is less thanthe hourly scale provided for in this Agreement; and

(b) That in no event shall the application of PieceWork Incentive Pay Standards result in violation of

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the hours of work or overtime provisions of thisAgreement; and

(c) That in no event shall the application of PieceWork Incentive Pay Standards result in a payment ofa lesser amount to the appropriate Trust Funds thatwould otherwise be the case for hourly compensa-tion; and

(d) That in no event shall the application of PieceWork Incentive Pay Standards diminish the role ofthe Southwest Regional Council of Carpenters as theexclusive collective bargaining representative of theemployees covered by this Agreement; and

(e) Where an employee is paid an amount whichwould equal or exceed the area weekly hourly earn-ings at scale, the Contractor shall pay a minimum ofa full week’s fringe benefit contributions to all TrustFunds for all straight-time hours worked; and

(f) Where an employee is paid an amount equiv-alent to or greater than the appropriate weekly wageof the area work week, only a full work week of con-tributions need be paid the Trust Fund, plus any actu-al hours of overtime worked; and

(g) Where employees are paid an amount lessthan the equivalent of the appropriate wage ratetimes the straight time hours of the area work week,the gross compensation paid such employees shallbe divided by the appropriate hourly wage rate, andthe quotient from that calculation shall be multipliedby the fringe benefit amounts required by the Agree-ment and shall be deemed the amounts owed to theTrust Funds. If the auditor determines that employeesactually worked more than the hours reported, addi-tional wages may be due as well as fringe benefits.

Section 2. Piece Work is prohibited on all phasesof lathing work including all lathing operationsinvolved in residential construction.

Section 3. Effective July 1, 2012, for work onwood framed residential construction, the hourly rateshall be $21.00 per hour plus fringe benefit contribu-tions as provided for in this Agreement.

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ARTICLE XVIIIWESTERN WALL AND CEILING CONTRACTORS

INDUSTRY ADVANCEMENT FUND

The Contractors have established an industrypromotion fund, known as the Western Wall and Ceil-ing Contractors Industry Advancement Funds (Here-in “Fund”) to promote the use of industry productsand to seek ways to benefit and enhance the indus-try. Signatory contractors agree to contribute to theFund fifteen cents ($.15) per hour for each hourworked by employees covered by this Agreement forthis purpose. By execution of this Agreement theContractor agrees to accept and be bound by theprovisions of the Western Wall and Ceiling Contrac-tors Industry Advancement Funds (WWCCA IAF) asestablished and as it may be amended from time totime in accordance with its terms. The Union is nei-ther party to nor plays any role in the establishment,maintenance or administration of the Fund, provided,however, that Fund representatives agree to meetwith authorized Union representatives for the pur-pose of reporting and discussing the activities of theFund, to ensure that the Fund is being operated inaccordance with the principles for which it has beenestablished.

ARTICLE XIXGENERAL SAVINGS CLAUSE

It is not the intent of either party hereto to violateany laws, rulings, or regulations of any governmentalauthority or agency having jurisdiction of the subjectmatter of this Agreement, and the parties heretoagree that in the event any provision of this Agree-ment is finally held or determined to be illegal or voidas being in contravention of any such laws, rulings, orregulations, nevertheless, the remainder of theAgreement shall remain in full force and effect unlessthe parts so found to be void are wholly inseparablefrom the remaining portion of this Agreement. Theparties agree that if and when any provision of thisAgreement is held or determined to be illegal or voidthey will then promptly enter into lawful negotiationsconcerning the substance of that provision.

It is the intent of the parties of this Agreement thateach and every, all and singular, of the provisions ofthis Agreement be fully in accordance with Federaland State law. Its interpretations and the interpreta-tion of each of the provisions of this Agreement istherefore intended to apply no broader than that per-mitted by law.

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ARTICLE XXWORKING CONDITIONS

Section 1. HOLIDAYS

The following holidays shall be observed on thedate designated by Federal Law:

1. New Years Day 5. Veterans Day 2. Memorial Day 6. Thanksgiving Day3. Independence Day 7. Day after Thanksgiving

Day 4. Labor Day 8. Christmas Day

If any of the above holidays should fall on Sun-day, the Monday following shall be considered a legalholiday. If Christmas or New Years should fall on Sat-urday, the Friday preceding shall be considered alegal holiday. Work on such days shall be paid for atthe holiday overtime rate provided herein. No workshall be performed on Labor Day except in case ofextreme urgency when life or property is in imminentdanger.

Section 2. WORKDAY

(a) Eight (8) consecutive hours, exclusive of one-half (1⁄2) hour meal period, between 7:00 a.m. and5:00 p.m. shall constitute a day’s work unless other-wise agreed upon by the parties hereto. All otherhours worked shall be governed by sub-sections (b)through (f), and Section4, Special Shifts. The Con-tractor may utilize a one-hour meal period, providinghe has obtained written permission from the LocalUnion having area jurisdiction of the work being per-formed. No person shall be required to work morethan five (5) consecutive hours without a one-half (2)hour meal period. Forty (40) hours, Monday 7:00 a.m.through Friday 5:00 p.m. shall constitute a week’swork except as provided under Article XIII hereof.Upon mutual agreement confirmed in writingbetween the Contractor and the Regional Council, aneight-hour work day may be established utilizing atime prior to 7:00 a.m. which will be paid at thestraight time rate.

(b) Overtime shall not be worked unless an emer-gency exists and unless the Contractor obtains a writ-ten permit from the Regional Council having jurisdic-tion over such work in advance of beginning work onan overtime basis. The overtime permit shall be post-ed on the job. All overtime shall be paid on the basisof full hours.

(c) Overtime worked on Saturdays shall be paid

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at time and one-half for eight hours; overtime workedbeyond eight hours shall be paid at double time.Overtime worked on week days shall be paid at timeand one-half after eight hours; overtime workedbeyond twelve hours shall be paid at double time. Allwork on Sundays and Holidays shall be paid at dou-ble time.

(d) Piecework rates shall be paid at one and one-half and/or double the piecework rate as set forthabove.

(e) Makeup days, whole days only, shall be per-mitted on Saturdays at the straight time rate with priorapproval of the Union. Makeup days will be allowedfor inclement weather and other conditions beyondthe control of the Contractor. Work by employees onSaturday make up days shall be voluntary.

Section 3. SPECIAL SHIFTS

(a) When so elected by the Contractor, multipleshifts may be worked for five or more consecutivedays, provided that the Union is notified 48 hours inadvance of the effective date of the starting of suchmultiple-shift operations. In no event shall the regularworking hours of separate shifts overlap, nor shallany interval between shifts exceed the reasonabletime necessary to change shifts, and in no event shallsuch interval exceed one hour.

(b) If the Contractor elects to work the day shiftbetween 7:00 a.m. and 5:00 p.m., that shift shall workeight consecutive hours exclusive of meal period.Second or third shifts shall work eight consecutivehours exclusive of meal period, for which eachemployee shall receive eight hours’ pay straight-timerates, Monday through Friday.

(c) The Contractor may regulate the starting timeof the two-shift operation to permit the utilization ofdaylight hours by starting the first shift prior to 7:00a.m. and each shift shall work eight consecutivehours exclusive of meal period, for which timeemployees on each shift shall receive eight hours’pay at the straight-time rate, Monday through Friday.

(d) When maintenance, suite development, orremodeling work cannot be performed on a regulardayshift because establishments cannot suspendoperations, with the approval of the Union, a specialsingle shift may be employed Monday through Friday,and employees on this shift will work eight consecu-tive hours exclusive of meal period, for which they will

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receive eight hours pay at the straight-time rate. It isagreed, however, in the operation of this shift, noemployee will lose a shift’s work.

(e) On a three-shift operation, Friday graveyardshift ending on or before 8:00 a.m. Saturday morningwill be considered Friday work. The Saturday grave-yard shift ending on or before 8:00 a.m. Sundaymorning will be considered Saturday work. The Sun-day graveyard shift ending on or before 8:00 a.m.Monday will be considered Sunday work.

(f) Any time worked from Saturday 8:00 a.m. toMonday 7:00 a.m. or on Holidays or in excess of theregular shift hours shall be paid for at the applicableovertime rate, except as provided above. Overtimerates shall not be paid on shift premium pay.

(g) The Contractor and the Union may mutuallyagree, in writing, upon different starting and quittingtimes for any of the shift arrangements providedunder Section 3, Special Shifts.

(h) An individual Contractor may establish aworkweek of four (4) consecutive days of ten (10)consecutive hours. Applicable overtime rate shall bepaid for all work before a shift begins, after ten (10)hours and on Fridays, Saturdays, Sundays and holi-days. In the event two (2) shifts are employed, thefirst shift shall work (exclusive of meal period) ten(10) consecutive hours for which ten (10) hours shallbe paid; the second shift shall be ten (10) consecu-tive hours of work, exclusive of meal period, and shallconstitute a shifts work for which ten (10) hours shallbe paid. Provided, further, all shifts are worked thesame four (4) consecutive days during a 4 x 10 work-week, except as may be changed by mutual agree-ment. Twenty four (24) hours prior to instituting a 4 x10 shift the Employer shall notify the Regional Coun-cil.

Section 4. PAYMENT OF WAGES

(a) Workers ordered by the Contractor or his rep-resentative to report for work for whom no employ-ment is provided shall be entitled to two (2) hours payand trust fund contributions except where preventedfrom working by inclement weather or other acts ofGod.

(b) Workers discharged for inefficiency on thefirst day, or thereafter for insubordination or intoxica-tion, or under the influence of drugs, or willful disre-gard of safety rules or workers who quit the job vol-

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untarily, shall receive pay for hours worked only.

(c) An employee reporting for work for whomwork is provided, who is laid off for lack of work, shallreceive at the applicable hourly rate, not less thanfour hour’s pay; six hours’ pay if more than four hoursare worked; eight hours pay if more than six hoursare worked.

(d) Workers laid off or discharged shall be paid infull at the time of layoff or discharge. Except fordelays in delivery of paychecks beyond the control ofthe employer, the workers shall be entitled to waitingtime from the time of lay-off or discharge until allmonies are collected or awarded by the Joint Adjust-ment Board. For matters of computation, collectionshall be based on an eight-hour day on a day-to-daybasis including the first Saturday, Sunday and/or Hol-iday following layoff or discharge. This Article shallnot preclude the right of any person to seek or pursueany legal remedy available to him.

(e) An employee under normal circumstancesexcept as otherwise provided herein shall be requiredto put in a full eight (8) hour day unless laid off or toldto leave the job by his employer, in which case heshall be paid in accordance with this Article. Noemployee shall be discharged except for just cause.

(f) Parking expense shall be reimbursed whenfree parking does not exist within three blocks of thejob site, providing the employee presents his parkingreceipts to the Contractor.

(g) All wages due must be paid weekly on thedesignated day by the Contractor on the job site priorto the end of the shift. Contractors may pay employ-ees utilizing direct deposit as provided under Califor-nia law. Each employee shall be furnished with adetachable check stub showing the Contractor’sname and address, the employee’s name and socialsecurity number, total straight time hours, total over-time hours, total expense reimbursements, the pay-roll period, month, day and year for which the checkis applicable, and all deductions. The Contractor shallmaintain an adequate time record identifying the indi-vidual worker and setting forth a daily record of hoursworked by each such worker. The employee will notbe required to sign a waiver of lien to receive his cur-rent wages. Except for delays in delivery of paycheck beyond the control of the Contractor, employ-ees not receiving wages on a designated pay dayshall receive straight-time wages for waiting time forall days at eight hours per day regardless of the day

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of the week, in addition to his regular wages for hoursworked. No employee or applicant for employmentshall be required to sign or fill out any form, docu-ment, or questionnaire pertaining to medical historyor medical conditions as a condition of obtaining orretaining employment.

(h) After the first known payroll check has notproperly cleared the bank, the union may demandthat all future payment of wages shall be made bycertified check until financial stability is demonstratedto the Union. In either case, the accompanying pay-roll records shall be included. The Union has the obli-gation to notify the Contract Administration Commit-tee, as well as all other trust funds, of the name ofany contractor whose payroll checks are not honoredby his bank.

(i) Handicapped Workers. A person who is inca-pacitated by age, physical or mental handicap, tem-porary disabilities or other infirmities, may beemployed at an hourly wage below the minimumestablished for this Agreement provided he shallhave first obtained written permission from his LocalUnion and the rate set shall be subject to theapproval of the Regional Council of the county inwhich he is employed.

Section 5. GENERAL PROVISIONS

(a) Good cause appearing, a Union representa-tive or his agent shall have the right to examine thepayroll records of any employer on reasonable noticefor the purpose of investigating compliance with theterms of this Agreement.

(b) Employee’s vehicles shall not be used fortransportation of materials or tools owned by or sub-ject to the control of the Contractor exceeding fifty(50) pounds.

(c) The documents which the Contractor mustprovide to an auditing firm pursuant to Article VII,Section 6, shall include all documents set forth in Arti-cle XVI, Section 1.

(d) Mileage and/or subsistence payments will bemade in accordance with the Carpenters MasterLabor Agreement. Currently subsistence has beeneliminated in all areas with the following exceptions:a.) Room and Board will be provided for employeesworking on the off shore islands; b.) Room will beprovided if employees are required to stay overnight.

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Section 6. WAGE AND CONTRIBUTIONSCHEDULE

(a) Contractors employing Drywall Carpentersshall contribute to the Southwest Carpenters TrustFunds and the following rates shall apply:

Journeyman Drywaller Effective 7/1/2012

Wages $37.35Pension 3.66Health & Welfare 5.45Industry Fund 15Contract Administration Committee 20Vacation / Supplemental Dues 3.30Apprenticeship 42Cooperation Committee 17Total $50.70Foreman: $3.00 per hour over journeyman rate.

• See San Diego County Appendix for ratesapplicable to work performed in San DiegoCounty.

The following wage increase shall take place:

July 1, 2013 $1.50July 1, 2014 $1.75July 1, 2015 $2.00

Wage increases to be allocated by the Union. Inaddition, the Union reserves the right to reallocatewages or benefit contributions among wages and thevarious funds upon thirty days notice with the under-standing that benefit contributions will not be effectu-ated if the Trustees of the affected Fund object. Thiswould apply to all Funds, or any new Funds, with theexception of the contribution to the Industry Fund.

In addition, if the reserves of the Health and Wel-fare Trust Fund fall below a level to be agreed to bythe Trustees, there shall be a sufficient allocation offuture wage increases, or a reallocation of one dollar,or a portion thereof, of the vacation contribution backto the health and welfare contribution in order tomaintain Trust reserves.

The contribution to the Southwest CarpentersVacation Trust will include one dollar thirty ($1.30)cents per hour to cover Supplemental Dues/Vacationor the amount of the Supplemental Dues contribution,as changed from time to time.

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Contractors agree to pay 17¢ cents per hour foreach hour worked by employees performing workcovered by this Agreement to the Carpenters-Con-tractors Cooperation Committee pursuant to ArticleXXIV of the United General Contractors Master LaborAgreement, which states:

(b) It is agreed that the rates of contributions tothe Vacation, Apprenticeship, Health and Welfare,and Pension Funds shall be changed to conform, onthe same effective dates, with the rates in the UnitedGeneral Contractors Master Labor Agreement.

(c) The parties have agreed to establish a classi-fication of Carpenter Craft Assistant. The wages andwork jurisdiction of this classification shall be set forthin a Carpenter Craft Assistant Agreement. Thatagreement shall be available to all contractors signa-tory to this Agreement.

(d) No Contractor will agree to pay or provide anymore favorable conditions to his employees with anyunion covering the work as defined in Article I of thisAgreement than the conditions set forth in this Agree-ment.

(e) Drywall/Lather Foreman. The Foreman shallreceive the Foreman Wage Rate specified in theWage and Contribution Section of the contract for thegeographical area involved in addition to the benefitsoutlined in that section. Where there are four (4)employees under this Agreement working on a job,one such employee shall be designated a foreman.The Foreman shall be required to maintain timerecords of the job at all times.

(f) Any payment made to any employee whichresults in an hourly rate in excess of the contract rateshall first require written notice to the Regional Coun-cil in the area where the Employer maintains hisoffice. In the event the Contractor fails to register theexcess rate of any employee working under thisAgreement the Union reserves the right to computethe employee’s wage rate by dividing the gross week-ly payroll check of the employee by the establishedcontract hourly rate. Such computation will establishthe number of hours worked for the purpose of over-time computation.

(g) Drywall/Lather Apprentices. A three (3) year,4,800 hour, apprenticeship program is established forthe Twelve Southern California Counties. Drywall/Lather apprentices shall receive the following per-centage of the journeyman Drywall/Lather rates as

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outlined in the schedule of wages and contributionsas approved by the Local Joint Apprentice Commit-tee.

Each period equals 600 OJT hours and therequired number of hours of related and supplement-ed instruction per the Apprenticeship Standards.

Contribution Schedule

(0) Vacation/ Supplemental Dues * $1.30

(1) 1st and 2nd Period Apprentice-Health & Wel-fare, Vacation/Supplemental Dues * $2.30Drywall/Lathing Apprenticeship.

(2) 3rd Period Apprentice-Health & Welfare,Vacation/Supplemental Dues * $3.30, Dry-wall/Lathing Apprenticeship.

(3) Pension, Health & Welfare, Vacation/Supple-mental Dues * $3.30, Drywall/LathingApprenticeship, Industry Fund, contractAdministration committee, UGC CooperationCommittee.

(h) Plasterers (Wet Wall Finishers) Apprentices.A four (4) year, 6,811 hour, apprenticeshipprogram is established for the Twelve South-ern California Counties. Plasterer appren-tices shall receive the following wages andbenefits as outlined in the schedule of wagesand contributions as approved by the LocalJoint Apprentice Committee.

BENEFITPERIOD HOURS PERCENTAGE WAGE CODEPre-Apprentice 500 35% 13.07 01st Period 600 40% 14.94 (1)2nd Period 600 50% 18.68 (1)3rd Period 600 60% 22.41 (2)4th Period 600 65% 24.28 (3)5th Period 600 70% 26.15 (3)6th Period 600 75% 28.01 (3)7th Period 600 80% 29.88 (3)8th Period 600 90% 33.62 (3)Journeyman 100% 37.35 (3)

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Each period equals 600 OJT hours and therequired number of hours of related and supplement-ed instruction per the Apprenticeship Standards.

(1) Health & Welfare, Vacation/SupplementalDues * ($2.30) Apprenticeship ($0.50).

(3) Pension, Health & Welfare, Vacation/Sup-plemental Dues * ($3.30), Apprenticeship($0.50), Industry Fund, Contract Adminis-tration Committee, UGC Cooperation Com-mittee.

(i) Stocking and Scrapping. Employeesemployed to do stocking and scrapping covered workon drywall jobs shall be paid a base wage rate of tendollars ($10.00) per hour and, in addition, shall haveHealth and Welfare, Vacation/Supplemental dues($2.30) and Drywall Apprenticeship Fund ($0.42)contributions made on their behalf as provided for inSection 6 of this Article.

Stocking and scrapping is the placement andmoving of materials at construction job sites for workwhich falls within Article I of this Agreement, includingthe movement from the site of delivery on the job tothe point of the job where the work is to be performed,moving materials at job sites, disposal of scrap at thejob site, scraping of floors at the jobsite, and doinggeneral cleanup work at the job site. Stocker-scrap-pers shall at no time wear or use any tools of thetrade, including, but not limited to, tool belts, pouches,screw guns, snips of any kind, saws of any kind,routers, power actuated tools, drywall knives, t-squares, plumb bobs, chalk lines, hammers, hatchets,or measure tapes. The only exception to the use of atool would be the use of a knife, snips, or nippers tofacilitate the opening of bundles or cartons of materi-als to be placed on the job site. They shall not do anytype of construction work that is traditionally done bydrywall/lathers and/or apprentice drywall/lathers.

*Vacation/Supplemental Dues is taxable income.

BENEFITPERIOD HOURS WAGE CODE1st Period 1-852 17.54 (1)2nd Period 853-1987 19.67 (3)3rd Period 1988-3406 22.87 (3)4th Period 3407-4825 26.08 (3)5th Period 4826-5960 29.29 (3)6th Period 5961-6811 32.50 (3)Journeyman 37.35 (3)

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(i) Los Angeles Certified Welders shall receive apremium of $1.00 per hour when performing weldingrequiring certification.

ARTICLE XXICARPENTERS-CONTRACTORS

COOPERATION COMMITTEE

Section 1. The parties to this Agreement haveestablished the Carpenters-Contractors CooperationCommittee for the purposes of protecting, improvingand advancing the interests and welfare of Contrac-tors and employees working within the unionizedsegment of the Carpenters construction industry.Each signatory member of the Association and thoseindividual employers who are obligated to contributeunder a collective bargaining agreement with theUnion shall contribute, during the term of this Agree-ment, the sum designated in Attachment 1 to the Car-penters-Contractors Cooperation Committee datedOctober 1, 1986, and further agrees to observe andbe bound by the actions and determinations of theBoard of Directors of said Committee.

Section 2. In case the auditors for the Board ofTrustees conduct an audit and determine that a Con-tractor has violated the provisions of this Agreementfor hours worked (or paid for), in his method of com-putation of contributions, or if adequate records arenot made available to allow the auditor to make hisdetermination in that regard, or if hours worked foreach payroll period are not recorded on payrollrecords, or in case the gross compensation notrequired by this Agreement, divided by the hoursreported, exceed the employee’s base rate, plus$3.00 per hour, the following formula shall apply auto-matically to the entire Carpenters’ payroll. For the firstviolation determined by the auditors for the Board ofTrustees, the following formula shall apply only to theemployees involved. For the second and subsequentviolations determined by the auditors for the Board ofTrustees, the following formula shall apply to theentire Carpenters’ payroll.

(a) The gross compensation of the employeepaid or payable by reason of his work shall be divid-ed by the base rate, i.e., the lowest hourly contractwage rate, including any differentials, for any classifi-cation in which the employee worked during thereport periods involved in the audit, and the quotientfrom that calculation shall be multiplied by the appli-cable rate of Health and Welfare contributions. Theresulting sum is owing to and shall be paid to the saidTrust. For purposes of this provision, the said quo-

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tient shall be deemed to be the number of hoursworked by the employee during the report periodsinvolved in the audit.

(b) In case a Contractor, thus audited, fails tocomply with the provisions of this Article within seven-ty-two (72) hours after written notice is sent, via Reg-istered Mail or Certified Mail Returned ReceiptRequested by the Trust Office, the Union shall havethe right of withholding service from such Contractorsuntil such payments are made.

Section 3. Any Contractor who is audited by theBoard of Trustees and concerning whom the Board ofTrustees concludes that contributions to said Trusthave not been computed or made by him in the man-ner required by Section two (2) of this Article, shall beliable for the expense of such audit in addition to anyother liability set forth under this Agreement or theAgreement an Declaration of Trust establishing theSouthwest Carpenters Health and Welfare Trust.

Section 4. Any Contractor shall make available tothe Board of Trustees, upon its request, a copy of hisQuarterly State Tax Return.

Section 5. The Board of Trustees may authorizethe attorneys for the said Trust to sue and attach inconnection with delinquent accounts.

ARTICLE XXIIWORK PRESERVATION COMMITTEE

The parties will establish a Work PreservationCommittee consisting of three representatives desig-nated by the Union and three representatives desig-nated by the Association. The Committee will beauthorized to approve modifications to this Agree-ment on a project-by project or area wide basis forthe purpose of increasing the competitiveness ofunion contractors and preserving work opportunitiesfor union employees and employers. The Committeewill also be authorized to adopt rules and regulationsgoverning its operation. Any modifications must beapproved by at least one member appointed by man-agement and one appointed by labor.

ARTICLE XXIIIANNUITY PLAN

The parties will request that the CarpentersSouthwest Administrative Corporation take the nec-essary steps to establish an annuity plan, includingnecessary IRS approvals and development of rulesand regulations governing the Plan for Carpenters

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working under this Agreement. The Union reservesthe right to allocate future wage increases to such anannuity plan once it is established.

ARTICLE XXIVTERM OF AGREEMENT

Section 1. This Agreement shall remain in fullforce and effect without change or modification to andincluding June 30, 2016. The Agreement shall contin-ue to remain in full force and effect from year to yearthereafter without change or modification, unless oneof the parties hereto gives written notice to the otherparty for proposed changes or modifications at leastsixty (60) days, but in no event more than ninety (90)days prior to June 30, 2016 or June 30 of any suc-ceeding year. Notice under this Article XXII shall bewritten from one party to the other; mailed postageprepaid, certified or registered mail.

Negotiations upon proposed modifications oramendments pursuant to proper notice shall, unlessextended by mutual agreement, begin not later thanMay 15 or not later than June 15 of any subsequentyearly period, and continue until agreement isreached; provided, however, if no agreement is reachby June 30, 2016 or June 30 of any subsequent year-ly period, the representatives of either party acting ontheir own behalf, may thereafter give written notice ofintention to terminate this Agreement. Regardless ofthe giving of such notice of intention to terminate, theparties shall continue to negotiate until agreement isreached or until the Agreement has been terminatedby giving written notice of final termination and theAgreement shall be deemed terminated on the datespecified in such written notice of final termination.

The parties to this Agreement recognize thenecessity of assuring the competitive position of theparties within the industry during the term of thisagreement. Consistent with that recognition, the par-ties will continually monitor the effectiveness of thisAgreement during its term as may be necessary toassure the work opportunities of the employees andthe competitive position of the individual employers.To implement the intent of this paragraph, the partiesto this Agreement hereby establish a committee com-posed of three (3) representatives appointed by theUnion and three (3) representatives appointed by theWestern Wall and Ceiling Contractors Association,Inc. This committee will review requests for changesin the terms and conditions of the Agreement thatmay be necessary to preserve work opportunities foremployees and individual employers covered by the

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Agreement. The Committee is authorized to approveand implement such changes as it deems to be in thebest interest of the parties to the Agreement.

DATED: July 1, 2012

SOUTHWEST REGIONAL COUNCILOF CARPENTERS

BY: /s/ Mike McCarronMike McCarron, Executive SecretaryTreasurer

WESTERN WALL & CEILING CONTRACTORSASSOCIATION, INC.

BY: /s/ Darryl WimberlyDarryl Wimberly, President

Agreement\Drywall\DW-Master2012-2016

APPENDIX-SDSAN DIEGO COUNTY

1. Area of Agreement

This Appendix modifies the SouthwestDrywall/Lathing Master Agreement as it applies towork in San Diego County. All terms of the MasterAgreement apply to San Diego County except asspecifically modified herein. This Appendix shallapply to San Diego County and San Clemente Island.

2. Work Coverage.

This Agreement shall cover all jobsite drywall andlathing work within the jurisdiction of the UnitedBrotherhood of Carpenters as that work is describedin the Southwest Drywall/Lathing Master Agreement.This Agreement shall also cover drywall finish andwet wall finish and all other work as specified in Arti-cle I. This Agreement shall also cover all work in con-nection with self supporting scaffolds or scaffold builtfor special purposes including, but not limited to, han-dling, building, erecting and disassembling, and theoperation of all equipment, including lifts and othermobile equipment used in connection with this work.Scaffold erected and dismantled by the contractor,shall be the work of the Carpenters.

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3. Fringe Benefits.

Pension $ 3.66 Health & Welfare 5.20 Vacation/Supplemental Dues* 2.30Apprenticeship & Training Trust .42Contract Administration .20 Industry Fund .10

Fringe benefit contributions for Wet Wall Finish-ers (Plasterers) are the same in San Diego as in theother Eleven Southern California counties. (See Arti-cle XX, Section 6)

The Contractor shall during the life of this Agree-ment maintain benefit contributions to the Funds atthe level called for in the Southwest Drywall/LathingMaster Agreement except as modified by agreementof the parties.

*Vacation/Supplemental Dues are taxableincome. Effective July 1, 2012, one dollar ($1.00) ofthe $3.30 vacation/supp dues contribution will bepaid weekly to employees on their paycheck. Anhourly contribution of $2.30 will be made to the Trust.

4. Holidays

In addition to the holidays recognized under theSouthwest Drywall/Lathing Master Agreement, Presi-dent’s Day will be recognized as a holiday.

5. Make Up Days

Regular work days missed as the result ofinclement weather or other causes beyond the con-trol of the Contractor may be made up at the sole dis-cretion of the Contractor on either the Saturday of theContractors workweek that included the missedworkday or on any succeeding Saturday. Make-updays shall not be subject to overtime pay require-ments, provided no more than forty (40) hours areworked in Contractors regular work week that includ-ed the missed work day.

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6. Wages: Levels of Drywall/Lather wages andapprenticeship rates are as follows:

(0) Vacation/Supplemental Dues * ($1.30)

(1) Health and Welfare, Apprenticeship, Vaca-tion/Supplemental Dues * ($2.30), Contract Adminis-tration

(3) Pension, Health and Welfare, Apprenticeship,Vacation/Supplemental Dues * ($2.30), ContractAdministration.

* $1.00 of the $3.30 vacation benefit is to be paidon the weekly check as part of the hourly wageunless and until reallocated by the Union. The ratesshown include the $1.00 vacation benefit. Theremaining $2.30 is paid to the Vacation Fund. Thebase rate for figuring apprentice percentages is$27.35 to which is added the $1.00 from the vacationbenefit to establish the rates shown.

The following wage increase shall apply to workin San Diego County:

July 1, 2013 $1.50July 1, 2014 $1.75 July 1, 2015 $2.00

Wage increases to be allocated by the Union.

7. Foreman

The Foreman on a jobsite shall be paid premiumpay of $3.00 per hour above the Journeyman rate.

8. Stocking and Scrapping.

Employees employed to do stocking and scrap-ping work on drywall jobs shall be paid a wage rate ofEleven dollars ($11.00) per hour and, in addition,

BENEFITPERIOD HOURS PERCENTAGE WAGE CODEPre-Apprentice 500 35% 9.57 01st Period 600 45% 13.31 (1)2nd Period 600 50% 14.68 (1)3rd Period 600 60% 17.41 (1)4th Period 600 70% 20.15 (3)5th Period 600 75% 21.51 (3)6th Period 600 80% 22.88 (3)7th Period 600 85% 24.25 (3)8th Period 600 90% 25.62 (3)Journeyman 100% 28.35 (3)

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shall have Health & Welfare, Apprenticeship, Vaca-tion/ Supplemental Dues $2.30 and Contract Admin-istration Committee (CAC) contributions made ontheir behalf as provided for in paragraph 4 of thisappendix. The $1.00 vacation shall be paid on thecheck on a weekly basis.

APPENDIX AMEMORANDUM OF UNDERSTANDING DRUG

AND ALCOHOL ABUSE PREVENTION AND DETECTION

The parties recognize the problems which drugand alcohol abuse have created in the constructionindustry and the need to develop drug and alcoholabuse prevention programs. Accordingly, the partiesagree that in order to enhance the safety of the workplace and to maintain a drug free work environment,individual employers may require applicants oremployees to undergo drug and alcohol screening.The parties agree that if a screening program isimplemented by an individual Employer, the followingitems have been agreed upon by Labor and Manage-ment:

1. It is understood that the use, possession,transfer, or sale of illegal drugs, narcotics, or otherunlawful substances is absolutely prohibited whileemployees are on the Employer’s job premises, inthe Employer’s vehicles, or while working on any sitein connection with work performed under the applica-ble agreement. In addition, alcohol will not be allowedin the Employer’s vehicles.

2. Employers may use an on-site Oral Fluid orUrine Test solely as a type of screen for new hiresand for probable cause, post accident, follow-up,compliance or conformity testing procedure on cur-rent employees. The results of on-site Oral Fluid orUrine testing may not be used as a sole means toestablish grounds for denial of employment or ascause for termination.

• The individual dispatched and beingscreened shall complete an on-site Oral orUrine screening consent form prior to thescreening.

• The individual providing specimens fortesting shall use standard universal pre-cautions to prevent the spread of infectiousdisease. As a minimum, protection shall bethe use of disposable latex gloves,

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• On-site Oral or Urine testing proceduresshall be conducted in a manner consistentwith the product manufacturers’ instruc-tions. Test procedures shall be performedonly by the person being tested in accor-dance with the product manufacturer’sspecifications.

• A member of management and a designat-ed union representative can witness theon-site Oral or Urine Fluid screening.

• When a dispatched individual successfullyachieves a negative test result, from a sub-stance testing perspective, this individualshall be considered eligible for employment.

• When a dispatched individual receives aninconclusive test or positive result, theactual test plate, or photographic record ofthe inconclusive or positive test result,shall be retained by the individual employ-er for a minimum of sixty (60) days. Theserecords shall be placed in a sealed enve-lope, signed by the tested individual, andshall be stored in a secure location sepa-rate from the individual’s personnel record.

• In the event of a non-negative test result,the individual shall be immediately referredto the nearest clinic for a standard drug oralcohol test as prescribed below. Theresults of the standard drug or alcohol testshall determine whether the designatedemployee is hired or retained by theemployer.

3. All applicants or newly hired employees aresubject to drug and alcohol screening at a facility cer-tified by the Substance Abuse and Mental Health Ser-vices Administration (SAMHSA) in accordance withthe terms of this Memorandum. The Employer agreesto pay each applicant or employee who takes andpasses the drug and alcohol test for all the time ittakes to undergo the drug and alcohol screening upto a maximum of two hours travel time plus lab time.

4. Applicants not passing the drug and alcoholscreen will not be placed on the Employer’s payroll orreceive any compensation. Employees not passingthe drug and/or alcohol screen will be removed fromthe Employer’s payroll. The Employer agrees to paythe cost for administering the drug and alcoholscreen.

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5. The Employer may require that an employeebe tested for drugs and alcohol where the Employerhas reasonable cause to believe that the employee isimpaired from performing his/her job. Observationmust be made by at least two (2) persons, one ofwhom may be a Union employee. This provision shallbe applied in a non-discriminatory manner and shallutilize the reasonable suspicion checklist and report-ing form attached hereto as Appendix A, or a compa-rable checklist. Supervisors will administer the pro-gram in a fair and confidential manner. For employ-ees who refuse to take a test where the prerequisitesset forth in this paragraph have been met, there willbe a rebuttable presumption that the test result wouldhave been positive for an unlawful substance.

6. An Employer may require that an employeewho contributed to an accident be tested for drugsand/or alcohol where the Employer has reasonablecause to believe that the accident resulted from drugand/or alcohol usage.

7. There will be no random drug and/or alcoholtesting, including on-site Oral Fluid or Urine Testing,by the signatory Employer.

8. It is understood that the unsafe use of pre-scribed medication, or where the use of prescribedmedication impairs the employee’s ability to performwork, is a basis for removal.

9. Drug screening shall be performed at aSAMHSA certified lab. A sufficient amount of a urinesample shall be taken to allow for an initial drug testand a drug confirmation test. The initial test will be byEnzyme Multiplied immunoassay Technique (EMIT).In the event a question or positive result arises fromthe initial test a confirmation test must be utilizedbefore action can be taken against the employee orapplicant. The confirmation test will be by Gas Chro-matography - Mass Spectrometry (GC/MS). The cut-off levels for both the initial test and confirmation testwill be those established by the Substance Abuseand Mental Health Services Administration, as indi-cated in Appendix B. Any diluted or delayed test shallbe a presumed positive result, unless reviewed andoverturned by the Medical Review Officer. Confirmedpositive samples will be retained by the testing labo-ratory in secured long term frozen storage for a min-imum of one year. Handling and transportation ofeach sample must be documented through strictchain of custody procedures.

10. Alcohol testing shall be performed at a

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SAMHSA certified lab using only approved evidentialbreath testing devices, or saliva alcohol screeningdevices listed on the National Highway Traffic SafetyAdministration’s (NHTSA) Conforming Products List.All equipment shall have a quality assurance planapproved by the NHTSA and shall not be used in theevent that the device does not meet specified qualitycontrols.

11. Present employees, if tested positive fordrugs or alcohol, shall have the prerogative for arehabilitation program at the employee’s expense.When such program has been successfully complet-ed, the Employer shall not discriminate in any wayagainst the employee. If work for which the employeeis qualified exists, he or she shall be reinstated.

12. Any dispute which arises under this drug andalcohol policy shall be submitted to the grievance andarbitration procedure set forth in the applicableAgreement.

13. If, as a condition of contract award or due toFederal, State, or Governmental Agency require-ments, including but not limited to Federal D.O.T.commercial driver drug & alcohol testing require-ments, an individual Employer is required to abide byor implement more stringent requirements than setforth in the Memorandum of Understanding, the indi-vidual Employer will notify the Union in writing ofthose requirements.

14. The establishment or operation of this policyshall not curtail any right of an employee found in anylaw, rule, or regulation. Should any part of this policybe found unlawful by a court of competent jurisdictionor a public agency having jurisdiction over the par-ties, the remaining portions of the policy shall beunaffected and the parties shall enter negotiations toreplace the affected provision.

15. The Employer shall indemnify and hold theUnion harmless against any and all claims, demands,suits or liabilities that may arise solely out of theEmployer’s application of the Substance Abuse pro-gram.

16. This policy will become effective July 1,2012.

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* Cut-off values shall meet or exceed those estab-lished by SAMHSA’s Mandatory Guidelines for Fed-eral Workplace Drug Testing Programs.

**Includes extended Opiates-Oxycodone, Hydro-codone, and Hydromorphone.

***As per DOT

APPENDIX BRESIDENTIAL CONSTRUCTION

For all drywall hanging and finishing; lathing andplastering, in connection with wood framed construc-tion of single family residences, apartments or condo-miniums in the Twelve Southern California countiesthe following provisions shall apply. Except as specif-ically modified herein, all provisions of the SouthwestDrywall/Lathing Master Agreement shall be applica-ble to such construction.

1. The journeyman wage rate shall be $21.00 perhour.

2. Fringe benefit contributions shall be at the rateset forth in the Master Agreement.

3. Either party may reopen this Appendix for thepurpose of renegotiating wage rates upon sixty daysnotice prior to June 30 of each year of this Agree-ment.

Initial ConfirmationDrug Group Test ng/ml Test rig/mi

Cannabinoids* (THC) 50 15

Cocaine Benzoylecgonine* 150 100

Amphetanimes* 500 250MDMA (Confirmation for MDMA, 500 250

MDA, MDEA) (Ecstasy)

Opiates* 300** 300**Propoxyphene 300 3006-Acetylmorphine 10 10Methadone 300 300

Phencyclidine*(PCP) 25 25

Benzodiazepine 300 300

Barbiturates 300 200

Alcohol >0.04% BAC*** >0.04% BAC***

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Southwest