iron workers local 393 agreement agreement between the steel

2013-2016 AGREEMENT

between the STEEL ERECTORS AND

MACHINERY MOVERS ASSN. and the

INTERNATIONAL ASSOCIATION OF BRIDGE, STRUCTURAL,

ORNAMENTAL AND REINFORCING IRON WORKERS

LOCAL UNION NO. 393 Aurora, Illinois

IRON WORKERS LOCAL 393 TAKE ONE USE THIS FORM FOR 2013-2016

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USE THIS FORM take 1

TABLE OF CONTENTS

Agreement ..................................................... Page 1 Apprenticeship and Training ......... Sec. 14 6 Apprenticeship Tool List ............... Sec. 30 Page 39 Bond Requirement ........................ Sec. 8 Page 22 Brass Checks and Time Clocks ..... Sec. 25 Page 37 Breaks ........................................... Sec. 27 Page 37 Business Representative ................ Sec. 48 Page 50 Cellular Phones ............................. Sec. 34 Page 42 Compensation Insurance ............... Sec. 7 Page 22 Craft Jurisdiction ........................... Sec. 2 Page 3 Derricks and Cranes ...................... Sec. 37 Page 44 Designated Parking Areas ............. Sec. 24 Page 36 District Council Agreement........... Sec. 31 Page 41 Drinking Water – Clothes Room .. Sec. 28 Page 37 Duration and Termination ............. Sec. 60 Page 56 Faxed Requests ............................. Sec. 5 Page 18 Four Day Work Week ................... Sec. 40 Page 46 Foremen ........................................ Sec. 19 Page 32 Fringe Benefits and Wage Rates ... Sec. 6 Page 19 Fringe Payments and Delinquencies ...................... Sec. 15 Page 27 Hazardous Material ....................... Sec. 35 Page 42 Helicopter Work ............................ Sec. 41 Page 47 Industry Promotion Fund .............. Sec. 12 Page 25 I.M.P.A.C.T................................... Sec. 10 Page 23 Labor And Management Liaison Committee ..................... Sec. 54 Page 54 Layoff ............................................ Sec. 22 Page 34 Letter of Assignment ..................... Sec. 51 Page 52 Machinery Moving ........................ Sec. 42 Page 48 Management Clause ...................... Sec. 47 Page 50 Mucking ........................................ Sec. 38 Page 45 Other Signatories ........................... Sec. 55 Page 54

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Overtime and Holidays.................. Sec. 18 1 Pay Day ......................................... Sec. 23 Page 36 Pension and S.M.A. Fund .............. Sec. 13 Page 25 Personnel Lifts .............................. Sec. 26 Page 37 Piecework ...................................... Sec. 45 Page 49 Post Tensioning ............................. Sec. 44 Page 48 Preamble ................................................... Page 2 Precast ........................................... Sec. 43 Page 48 Pre-Job Conference ....................... Sec. 50 Page 52 Protection of Union Principles ...... Sec. 57 Page 55 Recognition ............................................... Page 2 Referral Clause .............................. Sec. 4 Page 13 Reporting Time ............................. Sec. 21 Page 33 Safety Provisions ........................... Sec. 36 Page 42 Saving Clause ................................ Sec. 59 Page 56 Scope of Agreement ...................... Sec. 58 Page 56 Settlement of Disputes .................. Sec. 52 Page 52 Shift Work ..................................... Sec. 17 Page 29 Shipping – Employees ................... Sec. 32 Page 41 Steward ......................................... Sec. 49 Page 50 Strikes and Lockouts ..................... Sec. 53 Page 54 Subcontractors ............................... Sec. 56 Page 55 Substance Abuse Program ............. Sec. 16 Page 29 Territory ........................................ Sec. 3 Page 12 Tools and Tool Room .................... Sec. 29 Page 38 Union Security .............................. Sec. 1 Page 3 Visiting the Doctor ........................ Sec. 33 Page 41 Welders ......................................... Sec. 39 Page 45 Welfare Fund ................................. Sec. 9 Page 23 Work Hours Per Day ..................... Sec. 20 Page 32 Working Assessment ..................... Sec. 11 Page 24 Work Limitation ............................ Sec. 46 Page 49

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IRONWORKERS STANDARDS OF EXCELLENCE

The purpose of the Ironworkers’ Standards of Excellence is to reinforce the pride of every Ironworker and our com-mitment to be the most skilled, most productive and safest craft in the Building Trades. As Union Ironworkers, we pledge ourselves to uphold our word, as given through our Collective Bargaining Agree-ment, and display the professionalism expected of our trade and Union in all aspects of our employment as ex-emplified by the values engrained in our Standards of Excellence.

It is a commitment to use our training and skills, each and every day, to produce the highest quality work worthy of our name and consistent with the Collective Bargaining Agreement.

As an Ironworker member, we agree to: 1. Adhere to the responsibilities under the Collective

Bargaining Agreement for start and quit times, as well as lunch and break times.

2. Allow our Representatives to handle any disagree-ments or breaches by refusing to engage in unlawful job disruptions, slowdowns or any activities that affect our good name.

3. Respect the Customer’s and Employer’s rights, proper-ty and tools as we do our own.

4. Meet our responsibilities to show up every day, outfit-ted for work and fit for duty without engaging in sub-stance abuse.

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5. Cooperate with the Customer and Employer to meet their statutory, regulatory and contractual responsibili-ties to maintain a safe, healthy and sanitary workplace.

6. Do our best to work in a manner consistent with the quality, productivity and safety of every task that we are assigned.

7. Do our best to help every co-worker return home safe at the conclusion of every shift.

The Ironworkers’ Standards of Excellence will increase the pride, the productivity and the craftsmanship of every Ironworker throughout North America. This commitment will improve work place conditions, increase work oppor-tunities, and help maintain our wages, benefits and stand-ard of living. In addition, the Standards of Excellence will help our signatory employers complete their projects on time, on budget with no injuries or accidents.

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AGREEMENT This Agreement is made and entered into by and between the Steel Erectors and Machinery Movers Asso-ciation, hereinafter referred to as the “Employer”, and Local Union No. 393 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers (AFL-CIO), hereinafter referred to as the “Union”. 1. The Employer agrees to adopt, abide by and be bound by those provisions of the collective bargaining Agreement relating to fringe benefits subject to Section 302 of the Labor Management Relations Act heretofore entered into between Local Union No. 393 of the Interna-tional Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers (AFL-CIO), and members of Employers Association, and any modifications, exten-sions or renewals thereof, with the same force and effect as though the aforesaid bargaining Agreement was set forth here in full. 2. The Employer agrees to become a party to and be bound by all terms and provisions of: (A) The Agreement and Declaration of Trust dated August 11, 1953 and all amendments thereto of the Tri-State Welfare Fund; (B) The Agreement and Declaration of Trust dated January 30, 1957 and all amendments thereto of the Mid-America Pension Fund; (C) The Agreement and Declaration of Trust dated January 1, 1997 and all amendments thereto of the Mid-America Supplemental Annuity (SMA) Fund; (D) The Agreement and Declaration of Trust dated April 15, 1958 and all amendments thereto of the Appren-ticeship Fund, with the same force and effect as though the Agreements and Declarations of Trust referred to

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above were set forth herein at length and the Employer originally signed the said Agreements and Declarations of Trust; and the Employer agrees to make payments cover-ing all of its employees represented by Local Union No. 393 to the said funds as required by the collective bar-gaining agreement and any modification or amendment thereto, and the Agreements and Declarations of Trust of the aforesaid funds, the Employer hereby authorizes the Employer trustee named in the aforesaid Agreements and Declarations of Trust and their successors to act for and on his/her behalf.

PREAMBLE This Agreement is entered into by collective bargaining to prevent strikes and lockouts and to facilitate peaceful adjustment of grievances and disputes between Employer and Union in this trade and to prevent waste, unnecessary and avoidable delays and expense and, so far as possible, to provide for labor’s continuous employ-ment, such employment to be in accordance with the con-ditions herein set forth and at wages herein agreed upon; also, that stable conditions may prevail in the building industry and building costs may be as low as possible, consistent with fair wages and conditions and, further, the establishment of the necessary procedures by which these ends may be accomplished.

RECOGNITION

The Employer recognizes the Union as the sole and exclusive bargaining representative for the employees, now and hereafter employed in the bargaining unit for the

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purpose of collective bargaining in respect to pay, wages, hours of employment or other conditions of employment. All work within the trade jurisdiction of the Union which the Employer undertakes to perform with its employees shall be performed by employees covered by this Agree-ment.

SECTION 1 UNION SECURITY

All employees who are members of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers on the effective date of this Agreement shall be required to remain members of the Association in good standing as a condition of employ-ment during the term of this Agreement. All employees may be required to become and remain members of the Association in good standing as a condition of employ-ment from and after the thirty-first (31st) day following the dates of their employment or the effective date of this Agreement, whichever is later.

SECTION 2 CRAFT JURISDICTION

(A) It is agreed that the jurisdiction of work covered by this Agreement is that provided for in the charter grant and issued by the American Federation of Labor to the International Association of Bridge, Structural, Ornamen-tal and Reinforcing Iron Workers.

(B) The sorting, distribution and handling of all ma-terial coming under the jurisdictional claims of the Iron Workers in or about the job or at storage points shall be done by Iron Workers.

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(C) This Union claims for its members all work (any new technology, processes, materials and type of substitute of substitute materials) including but not lim-ited to all: Bending, Bolting, Burning, Caulking, Crating, Cutting, Dismantling, Distributing, Drilling, Erection, Fabricating, Fitting, Glazing of all ferrous and nonferrous materials, Hoisting, Installation, Layout, Lowering, Maintenance, Metals, Miscellaneous Steel, Placing, Pre-casting, Raising, Recrating, Reinforcing, Removing, Re-pair, Replacing, Rigging, Setting, Signaling, Sorting, Storing, Structural Steel, Torqueing, Tying, Uncrating, Unloading and Welding, all processes and materials.

Access Doors and Frames; Accordion Grills; Acous-tical Elements; Aggregate Plants; Agitators; Air Condi-tioner Cans; Air Ducts; Aluminum; Amusement Rides and Equipment; Anchors; Antennae, all (cellular, coax, microwave, radio, wave guide, etc.); Aprons; Aqueducts; Artwork; Asbestos Curtains; Atomic Vessels, all compo-nent parts (aligning, leveling and plumbing); Atriums; Attenuator Systems; Automated Teller Machines (ATM) [rigging, setting, etc.]; Awnings; Baffles, all; Bag Houses; Ball/Bowl Mills; Balloons; Bank Fixtures; Banking Equipment; Bar Mats; Barges, all (Casino, etc.); Barjoist; Barricades for Security; Barrier Cables; Batch Plants (both permanent and temporary); Bells; Billboard Sup-ports and Signs; Blast Deflectors; Blast Furnaces; Bleach-er Support Steel; Bleacher Systems; Bleachers, all materi-als; Boiler Support Steel; Boilers and Stokers (sectional, tubular and water tube); Bollards, all; Book Stacks; Booths, all (agent, guard, ticket, toll, etc.); Bore Cast Piles; Bowl/Ball Mills; Boxes; Bracing; Brackets; Brass;

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Brick Supports; Bridge Rail; Bridge Viaducts; Bridges, all (including bailey, concrete segmented, expansion, mabey, pipe, pontoon, poured in place, precast, prefabri-cated, steel, structural, suspension, temporary, etc.); Bronze; Buck Hoists; Bucks; Building Envelope Systems; Buildings; Bulkheads; Bumper and Bumper Posts; Bun-kers; Burial Containers; Cable Guardrail Systems; Cable Slots and Cable Wells; Cableways; Cages; Caissons; Can-opies and Unistrut Canopies; Caps; Car Lift Fronts; Car Lifts and Related Steel Members; Car-dox; Carports and Enclosures; Cast Tiling; Cat Walks; Ceramic Laminated Spandrelite; Checker Plate; Chutes, all types; Circuit Breakers; Clips; Clocks; Cobiax Balls and all similar type Space Saving Supports; Cofferdams; Collapsible Gates; Collars; Column Casings; Column Cladding; Column Covers; Composite Materials; Concentrators; Concrete Barriers; Concrete Construction (reinforced); Concrete Joists (post stressed, precast, and prestressed); Conserva-tories; Conveyors, all types; Coolers; Copying; Copper; Corbels; Corrugated Sheets, all (including insulation); Counter Supports; Counter Top Support Steel; Counter Top Supports, all types and materials; Cranes, all types (dismantling, erection [including crawlers, mobile, tower, etc.], handling, installation, maintenance and operation on all forms of construction work); Crash Barriers (cabling, mesh partitioning, safety fencing, etc.); Crushers; CSL Tubes (ultra sound operation in caissons, etc.); CT Scan Equipment and Support Steel; Cupolas; Curb Guards; Curtainwall, all (aluminum, glass, marble, steel, stone, terra cotta, etc.); Curtains; Curtainwall Testing (water and wind); Cushion Crash Walls; Cyclones; Dams; Decking, all types (floor and roof); Decorations; Degassers; Dental

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Room Light Equipment; Derricks; Diamond Plate; Di-gesters; Directory Board; Displays; Dock Levelers; Docks; Domes, all structures; Door Frames, all types; Door Plates; Doors, all types and materials (access, accor-dion, coiling, detention, electric, fire, glass, hangar, iron, metal or metal clad, patio, pneumatic, rapid roll, revolv-ing, rolling, rolling shutter, security, sliding, swing, wood, etc.); Doors, retrofitting; Draft Curtains; Dragline (erection and dismantling); Drapery Track; Dredges; Drilling Platforms; Drive-Up Equipment; Drums; Drycask Storage Systems; Dryvit Systems; Drywall; Duct Frame; Duct Support, Dumbwaiter, including enclosures and fronts; Dumpers; Duorail; Dust Collectors; Dwydag Bars; Electrical Supports; Electromagnetic Frequency Shielding Plates; Elevator Cars; Elevator Dust Covers and Fascia; Elevator Fronts and Enclosures; Elevators; Em-bedded Metals (angles, pads and plates); Enamel Tanks; Enamel Vats; Entrances; Escalator Approaches; Escalator Subframing; Escalator Trim; Escalators; Expanded Met-als; Expansion Joints; Fabric Canopy Structures; Fall Protection Systems; False Work; Fans; Fascia; Fascia Entrances; Fascia Soffits; Fencing, all types (chain link, fiberglass, ornamental, plastic, synthetic, temporary, wood, etc.); Ferrous Metals; Fiber Carbon Material; Fi-berglass Shapes; Fins; Fire Breaks; Fire Code and Grills; Fire Equipment; Fire Escapes; Fire Extinguisher Cabi-nets; Fire Stops; Fire Watch (on all Ironworkers related work); Fireproof Curtain; Firewall Systems; Fish En-hancement Facilities; Flag Poles; Flagging, all (aerial lifts, cranes, trucks, etc.); Flare Stacks; Floor Construc-tion; Floor Cranes and Similar Devices; Floor Plates, all (checker plate, diamond plate, non-skid, etc.); Flooring,

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all (computer, metal, etc.); Flues; Flumes; Forklift Opera-tion; Forklifts; Forms, all; Foundation Work; Frames, all types (access, security door, trench, etc.); Framework; Fronts; FRP; Fur Storage Rooms; G.F.R.C. Systems; Gami-Knife Equipment and Support Steel; Gates; Gener-ators; Geodesic Domes; Gielinger Type Columns; Glass; Glide Rail; Granite and Precast Paver Stones (handling and setting); Granite Supports; Grating; Green Screens; Greenhouses; Grill Work; Grillage; Grills; Grouting (base plates, precast. etc.); Guard Cable; Guardhouses; Guard-rail, all types; Guards; Guides; Gymnasium Equipment; Handicapped Lifts; Handrail, all types (aluminum; fiber-glass, glass, metal, plastic, wood, etc.); Hangars; Hangars and Carriers; Hanging Ceilings; Hardware and Screens; Heliostat Systems; Highlines; Highway Delineators; Highway Reflectors; Highway Safety Devices; Highway Sign Supports; Hoisting Equipment; Hoppers; Hospital Room Television Supports; Hot Rooms; Hydraulic Jack-ing Lifts and Gantries; Inclines; Inspection (fall arrest, installation, rigging, scaffolding, welding, etc.); Iron Doors; Jail and Cell Work; Jail Cells (beds, benches, bunks, cell doors, chairs, mirrors, tables, etc.); Jet Ways; Jib-Cranes; Joists; Kalomeined Doors; Kilns; Kiosks; Lagging; Laminated Wood Structures; Laser Beams; Lath (beads, hung ceilings, metal, plaster methodologies, pur-lins, wire, etc.); Lauch Hammer Bucket Wheel Excavator; Lifts (use of all types); Light Gauge Metal Roof Trusses; Light Gauge Metal Studs; Lights (highway, signs, score-board, sidewalk, stadium, vault, etc.); Lintels; Locker Room Fixtures; Lockers; Locking Devices, all types (for security cells, etc.); Locks and Locksmithing; Louvers; Machine Faced Gate Guides; Machinery, all (distributing,

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handling, hoisting, lowering, moving, placing on founda-tions, stockpiling, etc.); Man Hoists; Marquees; Masonry Support Steel; Material Altered in Field (bending, burn-ing, cutting, drilling, framing, welding by acetylene gas and electric machines, etc.); Material Towers; Medical Equipment; Melters; Metal Buildings (gutters, prefabri-cated, pre-engineered, purlins, rake, siding, trim, etc.); Metal Enclosures; Metal Furniture; Metal Strips; Metal Trim; Metal Windows; Micropiles; Mixers; Modular Buildings and Vaults; Modules, rigging and assembly for multi-craft; Monorails; MRI Equipment; Multiplate; Nameplate; Night Depositories; Non-Ferrous Metals; Nosings; Nuclear Drycask Storage Systems; Nuclear Facilities (decommissioning and dismantling); Nuclear Reactors; Operating Room Devices; Operating Room Light Equipment; Ornamental Lead; Ovens; Pan Deck Forms; Panels, all types (Alcopolic, Alucobond, architec-tural, composite, concrete, curtain wall, enamel, factory fabricated fiberglass, field assembled, G.F.R.C., insulated, metal, non-insulated, phenolic, photo-voltaic, porcelain, prefabricated, pre-glazed, Q-Type, Reynobond, solar, stone, terra cotta, translucent, Trespa, etc.); Panic Devic-es; Panic Locks; Pans; Parabolic Systems; Partitions; Pasteurizers; Peaking Units; Pedimats; Pen Stocks; Per-sonnel Hoists; Pile Drivers; Pin Piles; Pipe Railing; Pipe Supports, all (Gas, Oxygen, etc.); Pit Liners; Plaques; Plastics; Plates; Platforms, mechanical, multi-craft, etc.); Playground Equipment; Pole Barns; Poles; Polycarbonate and Poly Carbon Materials; Polymer; Porch Supports; Post Tensioning (accessories, grouting, jacking, pre-stressed, sleeves, stressing and distressing of tendons, tendons, etc.); Poster Frames; Poststressed Concrete; Post

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stressed Concrete Structures; Power Rigging, all; Precast; Pre-glazed, all (Curtainwall, Doors, Panels, Sash, Win-dows, etc.); Presses; Pressure Vessels; Prestressed Con-crete; Prestressed Concrete Structures; Pultedid Shapes; Pulverizers; Rack Systems; Racks; Radar (alignment, dish, equipment, pads, supports, etc.); Radiator Enclo-sures; Radome (both steel or non-ferrous framed and/or pressurized); Railings; Railroad Bridge Work; Railroad Maintenance; Rain Screens; Reactor Heads; Rebar, all (accessories, bars, bar splices [threaded or bolted], beams, cages, caissons, columns, composite, couplers, fiber mesh, fiberglass, mats, mesh, panels, piles, walls, etc.); Refrigeration Plants; Reinforcing Steel; Reinforcing Tie Guns (operation); Reservoirs; Revolving Doors; Rigging, all (display shelves, display shows, government depart-ments, Master Rigger, navy yards, power rigging, ship-yards, vessels, etc.); Roller Plates; Rolling Grills; Rolling Shutters; Roofing Systems, all; Roofs, all (checker plate, mansard, metal, space systems, standing seam, etc.); Room Dividers; Rotors; Safe Deposit Boxes; Safes; Safe-ty Devices; Safety Support (for all ironworker related work); Sash (aluminum, fiberglass, pre-glazed, steel, window, etc.); Scaffolding; Scenery Equipment; Screen Wall; Screens (door and window); Sculptures; Scum Plates; Sealants (related to work installed by Ironwork-ers); Seating, all types (plank, stadium, theater, etc.); Seats, all types; Security Barriers; Security Screens; Secu-rity Systems (cable, composite, concrete, steel, wire, etc.); Security Window Screens; Shafting; Sheet Metal; Sheet Piling; Shelving; Shielding, all materials; Shoring; Side-walk Supports and Steel; Sign Trestles; Signaling of all Hoisting Operations; Signs (airport, highway, supports,

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etc.); Sill Beams; Sill Plates; Sills; SIP Deck (Stay in Place); Skate Wheels; Skip Hoists; Skylights; Slope Walls; Slot Machines and Bases; Smoke Baffles; Smoke Conveyors; Smoke Curtains; Smoke Plates; Smoke Screens; Solar Panels; Solar Shades; Solar System Sup-port Steel; Solar Systems; Soldier Piles; Sound Barriers; Space Frames, all types; Spandrels (composite, metal and precast); Spillways; Spray Booths; Stacker Cranes; Stacks; Stage Counterweight System; Stage Equipment; Stage Lifts; Stage Rigging; Stair Lifts; Stairways, all types (concrete, knocked down, prefabricated, steel, tow-er, etc.); Stators; Steel; Steel Curtains; Steel Supports; Steel Towers (erection of); Stokers; Stone, all types; Stone Curtainwall; Storage Racks (freestanding and/or part of building structure); Storage Rooms; Storefronts; Stoves; Strand Jacks; Structural Iron; Structural Steel; Subways; Sun Shades; Sunscreens; Support Steel, all types, single bridged, etc.; Suspended Work Platforms; Swimming Pool Equipment; Switch Gear; Tables; Tanks: Target Ranges, all (baffles, booths, government, indoor, military, municipal, outdoor, etc.); Temporary Shoring (false work and steel supports); Tent Structures (including fabric skin); Theater Curtains; Thimbles; Thresholds; Tight Lacing (for decorative or protective purposes); Toi-let Partition Support Steel; Toilet Partitions; Tool Room (attendant, operation, etc.); Towers, all (cellular, guy, microwave, radio, television, etc.); Track Frames; Tracks and Guides; Tramways; Transformers; Translucent and Plastic Materials; Traveling Sheaves; Travelers; Trellises; Trench Frame; Trenching Equipment; Troughs; Trusses, all types; Tunnels; Turbines; Turnstiles; Vats; Vault Doors; Vault Trim; Vaults; Ventilators; Vertical Hydrau-

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lic Ventilators; Vertical Hydraulic Elevators; Vessels, all types; Wainscoting; Wall Ties (Masonry); Walls (Stub and Stud); Waste Compactors; Weather Stripping; Weath-er vanes; Weir Plates; Weirs; Welding (all processes and materials): Welding Machines (operation and use); Wheel Guards; Whirly Cranes; Wickets; Winches; Wind Genera-tors (installation and maintenance): Wind Turbines, in-cluding offshore (anchor bolt cage, blades, foundation, nacelle tower, rotor, tensioning, torqueing, etc.); Wind Walls; Window Cleaning Equipment; Window Stools; Window Walls; Window Washer Track (horizontal and vertical); Window Washing Hooks; Windows (pre-glazed); Wire and Fibrous Rope (making and installation of all articles made of); Wire Lath Assemblies; Wire Mesh, all; Wire Mesh Grills; Wire Mesh Panels; Wire Mesh Partitions; Wire Partitions; Wire Work; X-ray Equipment; X-ray Equipment Support Steel.

The above claims are subject to trade agreements and decisions of the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry of the Building and Construction Trades Department.

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SECTION 3 TERRITORY

The territory covered by this Agreement shall be the territorial jurisdiction of Local No. 393 which is as fol-lows: On the East, North and West: From Plainfield Road north on Fairview Avenue to 31st Street (in Downers Grove), west on 31st Street to Route 53 (Rohlwing Road), North on Route 53 to the Cook – DuPage County line, follow the Cook County line to the McHenry – Kane County line, west on the McHen-ry – Kane County line to Route 31, north on Route 31 to Route 14, northwest on Route 14 to Main Street (in Crys-tal Lake), north on Main Street to the Chicago Northwest-ern railroad tracks, follow tracks northeast to Crystal Lake Avenue, east on Crystal Lake Avenue to Erick Street, north on Erick Street to Route 176 (Terra Cotta Avenue), west on Route 176 to Route 14, northwest on Route 14 to Route 47, Route 47 south to Reed Rd., west on Reed Rd. to S. Union Rd., north on S. Union Rd. to Ernesti Rd., west on Ernesti Rd. to Coyne Station Rd., south on Coyne Station Rd. to Harmony Rd., west on Harmony Rd., to Melms Rd., west on Melms Rd. to Walker Rd., south on Walker Rd. to Route 72, west on Route 72 to Engel Rd., south on Engel Rd. to Base Line Rd., west on Base Line Rd. to Pleasant Hill Rd., south on Pleasant Hill Rd. to Five Points Rd., south on Five Points Rd. to Route 64, west on Route 64 to Glidden Rd., south on Glidden Rd. to S. Mayfield Rd., west on S. Mayfield Rd. to Nelson Rd., south on Nelson Rd. to Fairview Dr., west on Fairview Dr. to University Rd., south on University Rd. to Route 30. The towns of Crystal Lake and Algonquin are within

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the jurisdiction of Local 393 as per the Letter of Agree-ment between Locals 1, 63, 136 and 393, dated July 20, 1954.

On the South and Southwest: Much of the southwestern and southern boundaries do not follow established road and county lines and would be very difficult to describe in writing. Detailed maps of these areas are available at the Local’s office.

SECTION 4 REFERRAL CLAUSE

In order to maintain an efficient system of produc-tion in the industry, to provide for an orderly procedure of referral of applicants for employment and to preserve the legitimate interests of the employees in their employment, the Employer and Union agree to the following plan of referral of applicants for employment:

(A) The Employer shall have the right to employ directly a minimum number of foremen. (B) All other employees required by the Employer shall be furnished and referred to the Employer by the Union. (C) The Employer shall have the right to reject any applicant referred by the Union. (D) The Union shall select and refer applicants for employment without discrimination against such appli-cants by reason of membership or non-membership in the Union and such selection and referral shall not be affected in any manner by rules, regulations, bylaws, constitution-al provisions or any other aspects of obligations of

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Union membership policies or requirements. The selec-tion and referral of applicants shall be operated in ac-cordance with the following plan: (E) The Union shall register all applicants for em-ployment on the basis of the groups listed below. Each applicant shall be registered in the highest priority group for which he/she qualifies.

GROUP “A” All applicants for employment who have worked at the trade as a mechanic or apprentice for the past four (4) years, and have previously passed a journeyman’s Iron Workers examination conducted by duly constituted local union 393 affiliated with the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers qualifying them to work as a mechanic at the trade, have been employed for a period of at least one (1) year during the last four (4) years by Employers (parties to the collective bargaining agreement with the Union), and who have actually resided for the last year within the geographical area of the Union. Group “A” shall also include all currently registered apprentices in the Iron Workers Local #393 apprentice program provided the apprentice ratios on the job-site are not exceeded.

GROUP “B” All applicants for employment who have worked at the trade as a mechanic or apprentice for the past four (4) years, and have previously passed a journeyman’s Iron Workers examination conducted by a duly constituted local union affiliated with the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers qualifying them to work as a mechanic at the

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trade, have been employed for a period of at least one (1)year during the last four (4) years by Employers (parties to the collective bargaining agreement with the Union), and who have actually resided for the last year within the geographical area of the Union.

GROUP “C” All applicants for employment who have worked at the trade as a mechanic or apprentice for the past two (2) years or more and who have for the past year actually resided within the geographical area of the Union.

GROUP “D” All applicants for employment who have worked at the trade for more than one (1) year. (F) The Union shall maintain each of the separate group lists set forth above which shall list the applicants within each group in the order of the dates they registered as available for employment. (G) Employers shall advise the Union of the number of applicants needed. The Union shall refer applicants to the Employer by first referring applicants in group “A” in the order of their places on said list and then referring applicants in the same manner successively from the list in Group “B”, then Group “C” and then Group “D”. Any applicant who is rejected by the Employer shall be re-turned to his/her appropriate place within his/her group and shall be referred to another Employer in accordance with the position of his/her group and his/her place within the group. If a registrant, upon being referred in regular order, refuses to accept the referral, such registrant’s name shall

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be placed at the bottom of the appropriate list under which he/she is entitled to be registered.

(H) The order of referral set forth above shall be followed except in cases where Employers require and call for employees possessing special skills and abilities in which case the Union shall refer the first applicant on the register possessing such special skills and abilities.

(I) In the event that any job applicant is dissatisfied with his/her group classification or his/her order of refer-ral, in that such applicant claims that he/she was not placed in the proper group set forth above, or was not referred in the regular order as provided above, or if job applicant has failed in his/her examination to qualify as an eligible referral, such aggrieved job applicant may appeal in writing within ten (10) days from the day on which his/her complaint arose, or failure to pass his/her examina-tion, to an Appellate Tribunal consisting of an Employer representative, a Union representative and an Impartial Umpire appointed jointly by the Employer and the Union, and the decision of the Appellate Tribunal shall be final and binding.

(J) The Employer shall give the Union at least forty-eight (48) hours notice when ordering Iron Workers, so as to enable the Union sufficient time to furnish proper me-chanics. (K) In the event that the referred facilities main-tained by the Union are unable to fill the requisition of an Employer for employees or specially trained and certified employees (First Aid, C.P.R., O.S.H.A. Ten Hour, Weld-ers) within a forty-eight (48) hour period after such requi-

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sition is made by the Employers (Saturdays, Sundays and Holidays excepted), the Employer may employ Union Journeymen Iron Workers directly at the job site. In such event, the Employer will notify the Union of the names, dates of hiring and fax or mail copies of the certifications of specialty trained employees to the Union.

(L) The Union, through its Examining Board, shall examine all job applicants who have not previously passed an examination conducted by a duly constituted Union affiliated with the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers in order to determine whether they are qualified to perform the work of the craft as a mechanic and eligi-ble for referral.

(M) Apprentices shall be hired and transferred in accordance with the apprenticeship provisions of the Agreement between the Employer and the Union.

(N) An effort will be made to employ one (1) ap-prentice to four (4) journeymen on all types of work ex-cept ornamental work, in which many times requires two (2) ironworkers, in which case, the ratio could be one (1) apprentice to one (1) journeyman.

(O) The Union, if available, will dispatch men one (1) day prior to job starts when job order is received at least twenty-four (24) hours in advance.

(P) The Union will validate and document all of its members as per the requirements of the immigration laws.

(Q) The Union will notify the Employer before dis-patching replacements for absent employees.

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SECTION 5 FAXED REQUESTS

Contractors may request by fax, local 393 Journey-man ironworkers who have been in their employ anytime during the previous three (3) years prior to their request date and are on the Union’s out of work list.

Requests should be submitted to the Union hall on the contractor’s letterhead stating the job starting date, job location, approximate job duration, type of work and name or names of ironworkers requested.

Requests received in the Union’s office by 2:00 p.m. for jobs starting the following day will be dispatched the same day the request was received if the requested iron-worker or ironworkers were on that day’s out of work list.

Contractors may request the Union’s out of work list for the prior thirty (30) days be faxed to their office for review.

Faxed requests will be limited to thirty-five (35) per contract year with no carryover of unused faxes from year to year.

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SECTION 6 FRINGE BENEFIT & WAGE RATES

Effective 6/1/13 through 5/31/14: Per Hour

Mid-America Pension Fund .............................. $ 6.47 Mid-America SMA Fund ................................. 11.22 Tri-State Welfare Fund ..................................... 9.39 Apprentice training Fund .................................. 0.40 IMPACT/per capita Funds................................ 0.34 Industry Promotion Fund .................................. 0.03

*Work Assessment Fund ..................................... 3¼% of the gross wages

Journeymen Effective 6/1/13 through 5/31/14:

Per Hour Journeymen ...................................................... $45.06

Foremen Crew of under five (5) men ...... 5% over Crew of over five (5) men ........ 8% Journeymen’s General ..................................... 10% rate

Apprentices Percent of Journeymen’s Scale 1st O.J.T. period ....................................... 55% 2nd O.J.T. period ...................................... 60% 3rd O.J.T. period....................................... 65% 4th O.J.T. period ....................................... 70% 5th O.J.T. period ....................................... 75% 6th O.J.T. period ....................................... 80% 7th O.J.T. period ....................................... 85% 8th O.J.T. period ....................................... 90% Contact Local offices for apprentices wage rates and S.M.A. contribution rates.

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SECTION 7 COMPENSATION INSURANCE

Each Employer shall furnish proper certificates of insurance showing said parties to be fully covered by Workers’ Compensation Insurance for the classification of Iron Workers.

SECTION 8 BOND REQUIREMENT

(A) Each Employer signatory to this Agreement shall be required to post a surety bond or an irrevocable letter of credit in the principal amount as indicated below to insure and guarantee the payment of all fringe benefits, working assessments and wages as required by this Agreement.

Employees Bond Amounts 1-3 $ 25,000.00 4-6 40,000.00 7-9 45,000.00 10-12 60,000.00 13-15 75,000.00 16 & over 100,000.00 (B) Employers having International Agreements will be exempt from bond requirements providing they can show proof of being bonded with International. (C) Employers who will be working in the Local may elect to post a cash bond of Two Hundred Dollars ($200.00) per day per man. The total of the cash bond will be determined by the Union. All cash bonds will be deposited in a local bank and all interest accumulated will be credited to the Employer’s account at the prevailing rate.

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SECTION 9 WELFARE FUND

(A) The Employer agrees to pay into a Welfare Fund the negotiated amount per hour (found in Section 6 of the Agreement) for all hours worked by his/her employees who are part of the bargaining unit. The contributions by the Employers shall be used exclusively to provide group life insurance, accidental death and dismemberment in-surance, hospital expense insurance, surgical expense insurance, medical expense insurance, and temporary disability benefits to eligible employees and their families in such form and amount as the trustees of the Welfare Fund may determine, and the organization and admin-istration expenses of the Welfare Fund. (B) The said Welfare Fund shall be administered pursuant to an Agreement and Declaration of Trust ad-ministered jointly by an equal number of representatives of the Employers and the Union, which Agreement and Declaration of Trust shall conform to all requirements of law. A copy of said Agreement and Declaration of Trust, together with any amendments thereto, shall be consid-ered as a part of this Agreement as though set forth here at length.

(C) Checks should be sent payable to Iron Workers Tri-State Welfare Fund, PO Box 94498, Chicago, IL 60690-4498.

SECTION 10 I.M.P.A.C.T.

(A) In addition to the per hour wage rate, the Em-ployer shall contribute three quarters of one percent (¾ of

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1%) of the applicable hourly journeyman wage rate for each hour worked to Ironworkers Management Progres-sive Action Cooperative Trust (IMPACT), a jointly trust-ed Cooperative Trust with federal tax exempt status under Section 501(c)(5) of the Internal Revenue Code. Tax Exempt status determination was rendered under the ini-tial name of the Trust which was the Employers Respon-sive Educational Cooperation Trust of North America. The general purposes of the Trust include the improve-ment and development of the union ironworking industry through Education, Training, Communication, Coopera-tion and government lobbying and legislation initiatives.

The reporting, payment, frequency of payment and administration of such contributions shall be governed by the terms of the IMPACT Trust agreement, policies and resolutions.

(B) Checks should be made payable to Local 393 Assessment Fund in the amount found in Section 6 of the agreement and sent to Ironworkers Local #393, 1901 Selmarten Rd., Aurora, IL 60505.

SECTION 11 WORKING ASSESSMENT

(A) The Employer shall deduct from the wages of each employee covered by this Agreement the current Union working assessment as certified by the Union (found in Section 6 of the Agreement) for all hours worked, upon written authorization of the employee to such effect. Such written authorization will be main-tained current at the Union offices.

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(B) Checks should be sent payable to Ironworkers Local No. 393, 1901 Selmarten Rd., Aurora, IL 60505.

SECTION 12 INDUSTRY PROMOTION FUND

(A) The Employer agrees to contribute to the Indus-try Promotion Fund the negotiated per hour, per employee amount found in Section 6 of the Agreement.

(B) The sole purpose and intent of the Fund is for the promotion and advancement of the Iron Workers Industry as to the common interest of both the Union and the Em-ployer.

(C) The Steel Erectors and Machinery Movers Asso-ciation shall police and administer said Fund.

(D) Checks should be sent payable to Steel Erectors and Machinery Movers Association, P.O. Box 1028, Au-rora, IL 60507.

SECTION 13 PENSION AND S.M.A. FUND

(A) The Employer agrees to pay into a Pension and S.M.A. Funds the negotiated amount per hour (found in Section 6 of the Agreement) for all hours worked by his/her employees who are part of the bargaining unit. The contributions by the Employer shall be used exclusively to provide pension benefits to eligible employees in such form and amount as the trustees of the Pension Fund may determine, and the organization and administration ex-penses of the Pension Fund.

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(B) The said Pension and S.M.A. Fund shall be administered, pursuant to an Agreement and Declaration of Trust administered jointly by an equal number of rep-resentatives of the Employers and the Union, which Agreement and Declaration of Trust shall conform to all requirements of law. A copy of said Agreement and Dec-laration of Trust, together with any amendments thereto shall be considered as part of this Agreement as though set forth at length.

(C) Checks should be sent payable to Fringe Benefit Fund Account, P.O. Drawer M, Lansing, IL 60438.

SECTION 14 APPRENTICESHIP AND TRAINING

(A) The parties signatory hereto agree to establish a Joint Apprenticeship Committee in accordance with the provision of the “Iron Workers Apprenticeship and Train-ing Standards”, as contained in Article XXIII of the Inter-national Constitution. Said Committee shall formulate and operate an Apprenticeship Program in the local area in conformity with said standards.

(B) Each Employer agrees to pay into an Apprentice-ship and Training Fund the negotiated amount per hour (found in Section 6 of the Agreement) for all hours worked by his/her employees who are part of the bargain-ing unit.

(C) The Contributions by the Employers shall be used exclusively to defray training cost and all other nec-essary expenses as provided for in the Joint Apprentice-ship Training Program.

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(D) Checks should be sent payable to Apprenticeship and Training Fund of Local No. 393, 1901 Selmarten Rd., Aurora, IL 60505.

SECTION 15 FRINGE PAYMENTS AND DELINQUENCIES

(A) Contributions and deductions to the various Funds provided for in this Agreement shall be paid on or before the fifteenth (15th) day of each month covering all hours worked during the preceding month. Such contri-butions shall be promptly forwarded, together with a statement supporting the contributions (on forms fur-nished by the Fund office), to the designated Fund offices.

(B) A late payment penalty of one and one-half per-cent (1½%) per month of the amount owed or Fifty Dol-lars ($50.00) per month (whichever is the greater) will be assessed for late payments.

(C) Any legal fees incurred by the Union to recover fringe benefits or deductions shall be paid for by the Em-ployer involved in said litigation.

(D) Upon two days written notice by Registered mail and/or FAX, the Union shall have the right to withdraw its members from any Employer who fails to make the required benefit contributions and/or deductions as re-quired by this Agreement. Any loss of time to the em-ployees caused by such withdrawal shall be reimbursed by the Employer up to a maximum of one (1) days wages at the applicable hourly rate of pay.

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(E) The Union shall at its discretion have the right to refuse to refer employees to a delinquent Employer until such delinquencies are corrected. The withdrawal of employees or the refusal to refer employees to a delin-quent Employer in order to collect benefits, contributions and deductions, shall not be considered a violation of any part of the Agreement as a whole and shall not be a sub-ject of arbitration.

(F) Should at any time during the life of this Agree-ment, any of the Fringe Benefits, Health and Welfare, Annuity or Pension contributions be reduced or discontin-ued because of state or federal law requirements, or for any reason whatsoever, the reduction in contribution amounts for those various Funds as set forth in this Agreement, shall be added to the hourly wage rate set forth in the Agreement. The increase in wages, should any of the above occur, shall become effective on the first day following the reduction or discontinuance of any contributions to Fringe Benefit Funds.

(G) Any Employer whose check or checks for Fringe Benefit payment are not honored by the bank or deposito-ry, will be assessed a one hundred dollar ($100.00) per check handling fee and any and all bank and other fees relating to said check.

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SECTION 16 SUBSTANCE ABUSE PROGRAM

(A) Ironworkers Management Progressive Action Cooperative Trust (I.M.P.A.C.T.), a copy of the policy can be obtained by contacting Iron Workers Local #393.

(B) Effective June 1, 2010, only Ironworkers who have been I.M.P.A.C.T. substance abuse tested will be dispatched for work from the union hall and all signatory employers to this agreement agree to employ only I.M.P.A.C.T. substance abuse tested Ironworkers on all work being performed within the geographic jurisdiction-al area of Local 393.

(C) If as a condition of employment an employee is required to submit to substance abuse testing (other than annual testing and 25% of pool random testing set forth in the I.M.P.A.C.T. substance abuse policy) they shall be paid at the appropriate wage rate for all time necessary to complete testing provided the test results are negative.

(D) In the event an employee is not allowed to work pending finalization of the test results, they shall be paid at the appropriate wage rate for all lost time provided the test results are negative.

SECTION 17 SHIFT WORK

When two (2) shifts are employed, each shift shall work seven and one-half (7½) hours for eight (8) hours pay at regular time, or a proportionate part thereof for the time worked.

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When three (3) shifts are employed, seven (7) hours shall constitute a day’s work for each shift, for which a regular wage of eight (8) hours shall be paid, or a propor-tionate part thereof for the time worked. When two (2) shifts are employed on any job, the second shift shall start not later than 5:00 P.M. When three (3) shifts are employed on any job, the third shift shall start not later than 12:30 A.M. On two (2) and three (3) shift jobs, all hours worked between the hours of 12:01 A.M. Saturday and 12:01 A.M. Monday shall be paid at the rate of double time. There shall be no less than two (2) shifts employed in any calendar day nor more than three (3) shifts worked in any twenty-four (24) hour period. On all shift work, the “morning” shift, starting at 7:00 A.M., shall be considered as the first shift. No multiple shifts shall be established or started for less than five (5) consecutive work days on each and eve-ry shift. In the event the second and/or third shifts do not work the full five (5) days, the individual Employer shall pay the employees double time on these shifts. In cases of emergency, multiple shifts may be al-lowed to operate for less than five (5) days by mutual agreement between the individual Employer and the Busi-ness Agent. Shift work will continue until the end of the emer-gency. The emergency cannot stop on Friday evening and then start on Monday.

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Changes in work hours per day in special cases on shift work, not, however, to exceed an eight (8) hour day, may be made to meet special conditions on application and approval of the General Executive Board.

Under extenuating circumstances, the Employer and the Union may agree to special conditions on shift work (in writing) where the best interest of the Employer and the Union will be served for the preservation of work.

SECTION 18 OVERTIME AND HOLIDAYS

(A) Double time shall be paid for any and all work performed before and after the regular work day, and for all time worked on Saturdays, Sundays and recognized holidays.

(B) The following holidays shall be observed: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanks-giving and Christmas.

(C) Any holiday which occurs on a Saturday or Sun-day, shall be observed on the day of observation by the Federal Offices. If the Federal Offices do not observe the holiday, it shall be observed on the following Monday.

(D) No work shall be performed on Labor Day ex-cept to save life and property.

(E) The Employer will notify the Union of any work that they will be doing on weekends and holidays.

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SECTION 19 FOREMAN

(A) When two (2) or more employees are employed, one (1) shall be selected by the Employer to act as fore-man and receive a foreman’s wages. The foreman shall be the only representative of the Employer who shall issue instructions to the employees. (B) On one (1) man jobs, where reading of blueprints is required to perform the work, such Iron Worker shall receive the four (4) men and under foreman wage rate. (C) Any job where three (3) foremen are employed by one (1) Employer, there shall be a general foreman. (D) There shall be no more than eight (8) men under one (1) foreman, the tenth (10th) man will be another foreman. (E) Except where specified in this Agreement, there shall be no restrictions as to the employment of foremen. The Employer may employ as many foremen as in his/her judgment is necessary for the safe, expeditious and eco-nomical handling of the work. (F) Foremen with crew sizes of less than eight (8) men may be required to be working foremen.

SECTION 20 WORK HOURS PER DAY

(A) Eight (8) hours shall constitute a day’s work, from 7:00 A.M. to 3:30 P.M. from Monday through Fri-day. Lunch period shall be from 12:00 Noon to 12:30 P.M.

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(B) If an employee is required to work during the lunch period, he/she shall be paid at the rate of double time and a lunch period provided without loss of pay.

(C) In case of emergency, a ten (10) minute variation from the 12:00 Noon to 12:30 P.M. lunch period will be allowed but under no circumstances will this be allowed as a general practice.

(D) An alternate starting time of 8:00 A.M. to 4:30 P.M. may be used in place of the normal work day if mu-tually agreed upon by the Employer, the men on the job, and the Business Representative. If the alternate starting time is to be used, it shall remain in effect for the duration of the job.

SECTION 21 REPORTING TIME

(A) When an employee is ordered by the Employer or his/her representative to report for work and then, through no fault of the employee, is not put to work, the Employer shall pay him/her for two (2) hours time, pro-vided the employee remains on the job during the said two (2) hours. Show up time on overtime, Saturday, Sun-day and holidays shall be one (1) hour at double time rate. No form of communication, phone, fax, etc. will be ac-cepted as reason to negate the paying of normal reporting time except in the following scenario in which case the reporting time would be one hour at the appropriate wage rate: The job is shut down by the general contractor of the job site, such action is verifiable and the ironworkers at the site are verbally notified by a representative of the employer by 6:00 pm the day prior to the shutdown.

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(B) In cases of emergency where the employee is required to work in the rain during any part of the show up time period, he/she will be paid four (4) hours pay at the applicable rate of pay. (C) Once an employee begins work, he/she will be guaranteed a minimum of eight (8) hours pay, provided the weather conditions allow work to be performed (no rain, snow, lightning or wind conditions) and the employ-ee remains on the job during the said eight (8) hours. If weather conditions cause work to cease, the em-ployee shall be paid for the actual time worked but never less than the appropriate show up time. (D) When the Employer calls for an employee or employees to report for work, they shall be allowed a reasonable length of time to report to work and shall be paid from the starting time of said job on the day of re- feral. If the time is unreasonable, the Employer and the Business Agent shall work out an equitable solution. (E) If the Employer chooses to shut a job down, he/she shall, at the time of this decision, inform the employ-ees as to the duration of the shut down. The employee shall have the option to be paid in full if he/she so re-quests. Payments shall be made on the job site by quit-ting time.

SECTION 22 LAYOFF

(A) When employees are laid off or discharged, they shall be paid in full in cash or other legal tender on the job at the time of discharge or layoff.

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If a laid off or discharged employee does not receive his/her check prior to the normal quitting time of the day of layoff or discharge, a penalty of two (2) hours wages at the straight time rate will be assessed and the Employer will be required to deliver the correct check including the penalty to the Union’s office by 3:00 P.M. the following day. If the check is not received the following day, an additional two (2) hours of straight time wages will be assessed and will continue to be assessed for each day that the check is not received. Saturdays, Sundays and Holidays included. In the event of a layoff or discharge during the over-time period following the completion of the normal work day or on a Saturday, Sunday or Holiday, the check may be brought to the Union’s office by 3:00 P.M. the next business day without any penalty. If it is not received the next normal business day, the two (2) hour penalty will be imposed for that day and each day thereafter that it is not received. (B) Any undue delay or loss of time caused an em-ployee through no fault of his/her own shall be paid for by the Employer causing such delay at the appropriate wage rate. (C) Employees being laid off shall be notified of such one-half (½) hour prior to the normal quitting time so as to give them sufficient time to pick up their tools and clothing. (D) When employees quit of their own accord they shall have to wait until the regular pay day for the wages due them. (E) No employee will be required to go outside of the local’s jurisdictional area to receive his/her paycheck.

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(F) Any Employer whose check or checks for payroll are not honored by the bank or depository, will be as-sessed a One Hundred dollar ($100.00) per check han-dling fee and any and all bank and other fees relating to said check.

SECTION 23 PAY DAY

(A) The regular pay day shall be once a week on Wednesday with time for the week going thru Sunday or an alternative pay day as mutually agreed upon by the Employer and the Union. All wages shall be paid before the end of the work day in cash or other legal tender on the designated pay day. (B) Accompanying each payment of wages shall be a separate statement identifying the Employer, showing the total earnings, the amount of each deduction and the pur-pose thereof, and the net earnings. (C) If pay day falls on a holiday, the pay day shall be on the prior day. (D) Employers may withhold, where necessary, a reasonable amount of wages due, to enable them to pre-pare the payroll. In no event should this amount exceed three (3) days wages.

SECTION 24 DESIGNATED PARKING AREA

On road construction projects where parking of workers vehicles is very limited or prohibited, the Em-ployer shall furnish a designated parking area for his or her employees to park and be transported to and from the job site during working hours.

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SECTION 25 BRASS CHECKS AND TIME CLOCKS

When an employee is required to use time clocks, brass checks, or other similar devices for the purpose of checking in and out of a job, the employee will be given sufficient time to do so during working hours. Any delays due to waiting lines will be allowed for.

SECTION 26 PERSONNEL LIFTS

On jobs having eight (8) floors or a height of one hundred (100) feet where personnel lifts are available, lifts will be in operation whenever Iron Workers are working.

SECTION 27 BREAKS

(A) A fifteen (15) minute normal morning break shall be allotted all employees without loss of pay. (B) When employees are required to work twelve (12) hours or more per day, a twenty (20) minute paid break will be provided at the completion of the tenth (10th) hour worked.

SECTION 28 DRINKING WATER – CLOTHES ROOM

(A) The Employer shall furnish suitable drinking water and disposable drinking cups at all times. (B) On each job having more than three (3) men and a duration of twenty (20) consecutive work days or more, the Employer shall furnish a job trailer or room for the employees to change their clothes and keep their tools. Such facility shall be provided with heat from November 1st through Mach 31st.

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SECTION 29 TOOLS AND TOOL ROOM

(A) All employees shall furnish for their own use all tools listed on the Apprentice Tool List so as to enable them to effectively perform the work required of them. Any tools (from the Apprentice List) broken on the job shall be replaced by the Employer with a tool of compa-rable value within five (5) normal working days from the time it was reported broken. (B) Any high tech welding hood damaged on the job will be reimbursed up to the replacement cost of a ordi-nary hood. (C) The Employer agrees to reimburse his/her em-ployees for loss by fire or theft of tools and clothing, when stored at a place designated by the Employer during non-working hours. The amount of such reimbursement shall be subject to adjustment between the Employer and the employees. (D) All employees shall properly care for the Em-ployer’s tools and equipment in their charge but shall not be held responsible for the loss of tools or equipment. (E) No Employer shall be held responsible for em-ployees personal tools lost or stolen on the job site during working hours. (F) No member of the Union shall be permitted or required as a condition of employment to furnish his/her own truck or equipment, including welding machines, burning torches, etc., or rent the same to any Employer to be used on any job. (G) On all jobs of sufficient size to warrant the use of a manned tool crib, such employee shall be an Iron Worker.

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SECTION 30 APPRENTICE TOOL LIST

FIRST YEAR Quantity Tools 1 Steel Tape (50 ft. minimum) 1 1/2” Ratchet and Sockets (3/8” thru 1-1/4” ) 1 12” Adjustable Wrench 1 Wire Reel 1 8” or 9” Rod Pliers 1 Wood Folding Ruler (6’ long) 1 Keel Holder 1 Rod Belt and Plier Holder 1 set Spuds (1-1/4” and 1-7/16”) 1 Bull Pin 1 Bolt Bag 1 Burning Goggles 1 Striker 1 4 lb. Hammer 1 Steel Tape (16 ft. minimum) SECOND YEAR Quantity Tools 1 Tool Box 1 12” Hacksaw Frame and Blades 1 12” Combination Square 1 16 oz. Ball Pein Hammer 1 Sleever Bar 1 Welding Hood 1 Pair Welding Gloves 1 Welding Rod Holder 1 Center Punch 2 Aligning Pins 1 Level (24” minimum)

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THIRD YEAR Quantity Tools 2 Tap Wrenches (large and small) 1 14-1/2 oz. Plumb Bob 1 10” Slip Joint Pliers (channel lock) 1 8” Adjustable Wrench 1 3/4” Chaser 1 set Screwdrivers (phillips & straight, various sizes) 1 Off-set screwdriver 1 Small Chisel 1 Large Chisel 1 set Open-end Wrenches (3/8” thru 3/4”) 1 Fence Pliers FOURTH YEAR Quantity Tools 1 10” Bastard File 1 10” Mill File 1 10” Rat Tail File 1 Drill Gauge 1 1/2” Counter Sink 1 Taps (4x36, 6x32, 8x32, 10x24, 10x32, 12x24, 1/2x13, 1/4x20, 3/8x16) 1 set Allen Wrenches (various sizes) 1 Scratch Awl 1 Rubber Mallet Hammer 1 Bevel Square 1 Right Hand Tin Snips 1 Left Hand Tin Snips 1 Vise Grip Pliers 1 Drill Bits (3/32, 7/64, 9/64, 5/32, 11/64, 3/16, 13/64, 5/16)

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SECTION 31 DISTRICT COUNCIL AGREEMENT

The Employer agrees to be bound to the duly negoti-ated collective bargaining agreements of all local unions who are affiliates of the District Council of Chicago and Vicinity and abide by the terms and conditions of employ-ment set forth in the agreements covering jurisdictional area where they are performing work that is in the scope of the ironworker’s trade.

SECTION 32 SHIPPING – EMPLOYEES

Employees shipped to jobs or working out of the jurisdiction of the local Union shall receive transporta-tion, traveling time and expenses, provided they remain on the job thirty (30) days, or until the job is completed if it requires less than thirty (30) days. Employees shipped to a job and not put to work, weather permitting, shall be paid the regular wage rate for such time, or such employ-ees shall be shipped back to the shipping point with time and transportation paid by the Employer.

SECTION 33 VISITING THE DOCTOR

Employees injured on the job and who are able to continue to work but are advised by the doctor to make further visits in connection with injuries sustained, shall make such visits during working hours with no loss of wages. The employee shall furnish written proof from the doctor of such visits upon the request of the Employer.

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SECTION 34 CELLULAR PHONES

The use of cell phones on the job site during working hours shall be limited to foremen and Union stewards.

SECTION 35 HAZARDOUS MATERIAL

All Employees working on federally designated hazardous material sites shall receive fifty cents (.50) per hour hazardous pay provided he/she is properly trained and certified.

SECTION 36 SAFETY PROVISIONS

The Acts, Provisions and Regulations of The Occu-pational Health and Safety Act, including but not specifi-cally limited to Part 29 CFR 1926 of the U.S. Department of Labor shall be adhered to under this bargaining Agree-ment, unless the following provisions are more stringent or cover areas not covered in the above said Acts, Provi-sions and Regulations, then these following specific pro-visions shall apply:

(A) Planking Floors–

Working floors upon which derricks set must be covered tight with suitable planking over entire floor except where openings are left for ladders. No more than two (2) floors, or a maximum of twenty-five (25) feet beneath each riveting scaffold shall remain open or un-covered, and all such floors shall be planked and within a minimum radius of ten (10) feet.

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(B) Stiffening and Supporting Working Load Points– Where iron is landed on the floor or any point of a structure under construction, all connections shall be fully fitted up and tightened and substantial supports provided to safely sustain such added weights. (C) Riding the Load and Load Falls– No employee shall be permitted to ride the load or load fall except in case of inspection, and erection and dismantling of derricks. (D) Slings– Steel cable will be used instead of chains or hemp slings. (E) Protection of Signal Devices– Proper practical safe housing, casing or tube shall be provided for any and every means, method, appliance or equipment employed to transmit, or give signals, directing work or operation of any and various devices in connec-tion with work being done by employees. (F) Elevator Shaft Protection– No employee will be permitted to work in an eleva-tor shaft while car is in operation. The first floor beneath and the first floor above men working shall be planked safe in all elevator shafts. (G) Structural steel with Nelson studs or any type projections on top of the beams will not be erected by the Iron Workers of Local 393. All such projections will be field welded by Iron Workers members of Local No. 393. (H) Bar Joist– Before bar joist can be set in bundles or singly on the supporting beams, a bar joist must be bolted or welded to the supporting beams at each column center to insure

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safety for further placement of joist. The remaining joist must be secured to the supporting beams as they are spread. (I) Long Span Bar Joist– Long span joist must be welded or bolted at column centers as they are set or erected and must be braced with sufficient bracing or bridging to insure safety. (J) High Voltage– When employees are employed around high voltage on crane hot rails, the power shall be disconnected or protected to a minimum distance of fifty (50) feet from the nearest worker. Safety lights shall be strung across bay and safety dogs secured to crane rails until the work has been completed. (K) Scaffolds– Scaffold sections shall be fastened and cleats at-tached to all scaffold planking. (L) No employee shall work on electrified cranes unless the starting mechanism or electric switch is located in off position by key, possession of which shall be in custody of employees actually working on the crane. In addition, railblocks shall be used at all times and visual signal devices will be used to warn employees in the event the power is accidentally turned on.

SECTION 37 DERRICKS AND CRANES

(A) No less than six (6) men and a foreman shall be employed around any guy or stiff leg derrick when used for steel erection, and, on all mobile or power-operated rigs of any description, no less than four (4) men and a foreman shall be employed.

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(B) The number of men required for off loading and or distribution of structural steel with a derrick, crane or boom truck of any description, shall be the number to safely perform the work but never less than three (3) men and a foreman. The number of men required for off load-ing and or distribution of structural steel with any other types of power equipment shall be the number to safely perform the work but never less than two (2) men and a foreman.

SECTION 38 MUCKING

(A) An Iron Worker shall be employed for the maintenance of reinforcing steel while concrete is being poured on reinforcing steel, including wire mesh. The laying, tying, and setting of all reinforcing steel shall be done in accordance with the plans and specifications.

(B) Iron Workers shall be employed on all work in connection with field fabrication, handling, racking, sort-ing, cutting, bending, hoisting, placing, burning, welding, and tying of all materials used to reinforce concrete con-struction, except loading and unloading by hand and car-rying to a centralized point adjacent to or upon the site of the project on which such materials are to be used.

SECTION 39 WELDERS

(A) A helper shall be required for each welder at all times, except when the welder is working at ground level or floor level and no safety hazards are present. A rea-sonable effort shall be made to use Journeymen welders as helpers whenever possible.

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(B) When power lifts are being used by welders to access welding points, one welder’s helper whose sole responsibility will be to assist the welders, will be provid-ed for each three (3) power lifts working within a one hundred (100’) foot radius of one another and are clearly visible and accessible to welder’s helper and no safety hazards are present. Welders requiring assistance in the lifting, aligning and leveling of items to be welded shall be assisted by a welder’s helper to the point of being tack weld securely in place and the welder can proceed to weld them. (C) The Employer will make available copies of welding certification papers to all Iron Workers being certified at the job site either at the time of layoff or at the completion of the job.

SECTION 40 FOUR DAY WORK WEEK

By mutual agreement between the Union and the Employer at a pre-job conference, a four (4) ten (10) hour work week may be implemented under the following conditions: (A) Project must be more than four (4) days in dura-tion. (B) The work week shall consist of four (4) ten (10) hour days worked between the hours of six (6) (6:00) A.M. and five-thirty (5:30) P.M. including lunch. (C) Friday will be used to make up for time lost dur-ing the time period of Monday thru Thursday due to weather, up to forty (40) hours. (D) Work hours for the job shall be established prior to the job starting and remain in effect for the duration of the job.

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(E) When Friday is used as a make up day, no less than eight (8) hours or more than ten (10) hours shall be worked. (F) All time worked in excess of forty (40) hours and all time worked prior to and after the established work day shall be paid at the premium rate. (G) Any employee who begins working at the job site after the established starting time on Monday will not be governed by the rule pertaining to the four (4) ten (10) hour days.

SECTION 41 HELICOPTER WORK

There shall be a six (6) man crew when erecting or raising steel, heavy equipment, ventilators, roof frames, roof decks, etc. with a helicopter. The crew will include one (1) foreman (who may act as a signal man to the radio signal man) and one (1) radio signal man (who will be situated at the most advantageous point relative to safety and efficiency). When both points (supply and erection) are not clearly visible to each other, then there shall be an additional radio signal man whose sole duty will be to signal the helicopter for erecting purposes. The rest of the men will be distributed to make up the crew for hooking on and erection or landing. Face protectors and safety glasses shall be furnished by the contractor. There shall be a minimum of one hundred twenty-five (125) feet of cable on the helicopter winch for erection purposes. It shall be the Iron Worker foreman’s privilege, at his/her discretion, to have the winch cable and all lifting harnesses checked for safety and replaced at his/her sug-gestion.

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SECTION 42 MACHINERY MOVING

The minimum requirement for the number of men to be used on individual machines or parts of machines be-ing dismantled, moved or erected shall be any number of men (never less than two (2) Iron Workers), to safely perform the work. The above shall apply where permanent overhead cranes or hoists are used.

SECTION 43 PRECAST

(A) Where precast, prestressed, reinforced concrete structural members (columns, beams, girders, glass, etc.) are used in the construction of buildings, bridges, and other structures, and power equipment such as derricks, cranes, jacks and/or rigging is used, work of loading, unloading, moving and placing to complete erection shall be performed by Iron Workers. (B) On precast erection where the Employer chooses to use a crew made up of all Iron Workers, he/she will have the option of using an overtime rate of time and one half for all overtime except Sundays and holidays which will be at the double time rate.

SECTION 44 POST TENSIONING

All post tensioning work shall be the work of the Iron Worker in its entirety and shall include but not be limited to the following: (A) The unloading, hoisting, placing, stressing, grouting and greasing of all cables.

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(B) The operation of all power equipment used in the stressing procedure. (C) Field stressing records will be made available on a daily basis to the Foreman.

SECTION 45 PIECEWORK

The Employer will not contract, subcontract, work piecework, or work for less than the scale of wages estab-lished by this Agreement. However, the Maintenance Agreement entered into between the International Associ-ation of Bridge, Structural, Ornamental, and Reinforcing Iron Workers shall constitute an exception as it pertains to scale of wages. The Employer agrees not to pay, and the employees will not accept, a bonus based on specific performance on an individual job.

SECTION 46 WORK LIMITATION

There shall be no limitation placed on the amount of work to be performed by an employee during working hours. (A) The Employer agrees to maintain all working equipment in a condition satisfactory to meet the inspec-tion requirements of the Occupational Safety and Health Act and the Illinois Department of Labor and Industry. The Employer agrees to make all reasonable provisions for health and safety for all employees during the hours of employment, and agrees to abide by the working rules of the Union in regard to safety measures. (B) No employee shall be obligated by the terms of this Agreement to use any equipment or vehicle not in

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safe operating condition and equipped with all safety appliances required by law. The employee agrees to ob-serve all safety and health laws, rules and regulations. (C) No employee shall be required to work, nor shall any employee be discriminated against, for refusing to work with equipment that the Union considers unsafe or under conditions that are termed unsafe and which fail to comply with the Occupational Safety and Health Act, state safety laws, and all rules and regulations of the Illi-nois Department of Labor and Industry relating to safety.

SECTION 47 MANAGEMENT CLAUSE

In the exercise of its function of management, the Employer shall have the right to plan, direct, and control the operation of all his/her work. In no way should this clause be interpreted to supersede either the Local Work-ing Agreement or any International Agreement.

SECTION 48 BUSINESS REPRESENTATIVE

The Business Representative of the Union shall be permitted to visit all jobs, but will in no way interfere with the progress of the work.

SECTION 49 STEWARD

(A) There shall be a steward on each job who shall be appointed by the Business Representative. He/She, without loss of pay, shall keep a record of the workers laid off and discharged, see that all workers have current dues receipts and where applicable, service dues receipts, and take up all grievances on the job and try to have the

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same adjusted, and in the event he/she cannot adjust them, he/she must promptly report that fact to the Business Rep-resentative, who shall report same to the proper officer of the Union so that efforts can be made to adjust any matter without stoppage of work.

He/She shall see that the provisions of this Agree-ment are complied with and report to the Union the true conditions and facts. The steward shall promptly take care of injured workers and accompany them to their homes or to a hospital, as the case may require, without any loss of time, and report the injury to the proper offic-ers of the Union. A steward failing his/her duties shall be subject to censure by his/her Union and also subject to penalty upon conviction of charges provided for in the International Constitution. The Employer agrees that the job steward will not be discharged until after proper notification has been given to the Union, and further, when employees are laid off, the job steward will be the last person laid off, providing he/she is capable of performing the work in question. (B) The steward shall be on the job at all times when Iron Work is being performed. The only exception shall be when his/her duties as steward require him/her to be away from the job site.

(C) Job Stewards accompanying workers injured on the job to medical facilities for treatment will continue to be paid as if they had not left the job. Any lost time prior to the normal quitting time will be paid at the straight time rate up to two (2) hours maximum.

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(D) Each Employer shall have in their employ a steward on each of their jobs who shall be appointed by the Business Representative.

SECTION 50 PRE-JOB CONFERENCE

If the Union or Employer requests a pre-job confer-ence prior to the start of a job or during the job, the other party shall respond to the request within five (5) days from the time they received notice of such. At the pre-job conference, the Employer shall advise the Union of its requirements as to the workmen required in the respective classifications, the probable starting date, duration of the job, and the working schedules or any other conditions that might arise on said job.

SECTION 51 LETTER OF ASSIGNMENT

The Employer shall supply the Business Agent with a written letter of assignment on request. All assignments made by the Employer shall be made to the proper craft in accordance with International Board rulings, to the best of the Employer’s knowledge.

SECTION 52 SETTLEMENT OF DISPUTES

There shall be created a permanent committee known as the Labor Management Committee. This com-mittee shall have as its function to assist the adjustment of disputes, controversies and misunderstanding of this Agreement which cannot be agreed upon. The members

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of this committee shall be selected in the following man-ner: (A) The Employers who are parties to this Agree-ment shall select from the number three (3) persons, one of whom is to act as Chairman, who will comprise a com-mittee to be known as the “Employer’s Committee”.

(B) The Union shall select from its representatives three (3) persons, one of whom is to act as Chairman, who will comprise a committee to be known as the “Union Committee”. (C) The two committees functioning together shall be known as the “Labor Management Committee”, and in the absence or disqualification of any member or mem-bers of either committee, the respective Chairman may designate an alternate or alternates. (D) Any grievances, disputes or differences arising between the Employer and the Union, or between the Employer and the employee or employees which cannot be adjusted amicably, shall, upon written request of either the Employer or the Union, be submitted to the Labor Management Committee, which shall meet within three (3) days, Saturdays, Sundays and holidays excluded, and shall settle the controversy by majority vote. All deci-sions of the Labor Management Committee shall be final and binding, except where a majority decision cannot be reached within three (3) days, either party may request of the Federal Mediation and Conciliation Service, a panel of five (5) names. By alternative striking, the last-named arbitrator shall decide by final and binding arbitration proceedings the matter or matters in dispute.

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SECTION 53 STRIKES AND LOCKOUTS

(A) It is mutually agreed that there shall be no strikes authorized by the Union or no lockouts authorized by the Employer, except for the refusal of either party to submit to arbitration, in accordance with designation of para-graph on Settlement of Disputes, or failure on the part of either party to carry out the award of the board of arbitra-tion. (B) Every facility of each of the parties hereto is hereby pledged to immediately overcome any such situa-tion provided, however, it shall not be a violation of any provision of this Agreement for any person covered by this Agreement to refuse to cross or work behind the pick-et line of any affiliated Union which has been authorized by the International of that Union, the Central Labor Council, or Building and Construction Trades Council.

SECTION 54 LABOR AND MANAGEMENT

LIAISON COMMITTEE This Committee will consist of the Association members as a whole, and the Executive Committee of the Union. Meetings will be held once each three (3) months for the purpose of promoting the business of the Iron Working Industry and to discuss and resolve mutual prob-lems.

SECTION 55 OTHER SIGNATORIES

(A) No party to this Agreement shall sign a Labor Agreement with a non-party covering work within the

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jurisdiction of this Agreement which contains terms mate-rially different from this Agreement. If such an Agree-ment is signed, the other party to this Agreement shall have the right at its option to adopt any such other Agree-ment. It is understood that any National Maintenance or Project Agreement of the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers, which is beyond the control of the Union, would not be affected by this Agreement.

(B) The Union, through its properly appointed repre-sentative or its Executive Board or both, shall properly police the terms of this Agreement relative to parties who are not signatories to this Agreement, or a member of the firm employing men through Local No. 393.

SECTION 56 SUBCONTRACTORS

The Employer agrees not to subcontract or sublet any work covered by this Agreement to any person, firm or corporation which is not in contractual relationship with the Bridge, Structural, Ornamental, and Reinforcing Iron Workers or any of its affiliate Local Unions.

SECTION 57 PROTECTION OF UNION PRINCIPLES

The removal of Journeymen Iron Workers and Ap-prentices from a job in order to render legal assistance to other Local Unions to protect Union principles shall not constitute a violation of this Agreement, provided such removal is first approved by the General Executive Board and notice thereof is first given to the Employer involved.

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SECTION 58 SCOPE OF AGREEMENT

This Agreement contains all the provisions agreed upon by The Employers and the Union. Neither the Em-ployers nor the Union will be bound by rules, regulations or agreements not herein contained, except interpretations or decisions of the Labor Management Committee.

SECTION 59 SAVING CLAUSE

(A) Should any part of or any provision herein con-tained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalida-tion of such part or portion of this Agreement shall not invalidate the remaining portions thereof, provided, how-ever, upon such invalidation the parties signatory hereto agree to immediately meet to re-negotiate such parts or provisions affected.

(B) The remaining part of provisions shall remain in full force and effect.

SECTION 60 DURATION AND TERMINATION

This Agreement with any amendments thereof made as provided therein shall remain in full force and effect from June 1, 2013 until midnight of May 31, 2016, and, unless written notice be given by either party to the other at least four (4) months prior to such date of a desire for change therein or to terminate the same, it shall continue in effect for an additional year thereafter. In the same

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Local Union #393 of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers

Steel Erectors and Machinery Movers Association

Final page BLACK COVER (as used before) Revised 9-23-2013

manner, this Agreement with any amendments thereof shall remain in effect from year to year thereafter, subject to termination at the expiration of any such contract year upon notice in writing given by either party to the other at least four (4) months prior to the expiration of such con-tract year. Any such notice as hereinabove provided for in this section, where specifying a desire to terminate or to change at the end of current contract year, shall have the effect of terminating this Agreement. In witness thereof, this Agreement has been execut-ed by parties hereto as of the date and year first above written, in the City of Aurora, State of Illinois. It is agreed that all other terms and conditions of the existing Agreement will become part of this Agreement and remain in full force and in effect until May 31, 2016.

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iron workers local 393 agreement agreement between the steel

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